Discussion
On July 12, 2013, at 78 FR 41886, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 to add an AD that would apply to BHTC Model 206L, 206L-1, 206L-3, and 206L-4 helicopters with an upper left attachment fitting part number 206-032-409-001 installed. The NPRM proposed to require within 100 hours TIS and thereafter at intervals not exceeding 110 hours TIS, inspecting the upper left tailboom attachment fitting for a crack, corrosion, damage, or a loose rivet. If there is a crack or corrosion or damage beyond acceptable limits, the NPRM proposed to require replacing the upper left tailboom attachment fitting. If there is corrosion or damage within acceptable limits, the NPRM proposed to require repairing the fitting. If there is a loose rivet, the NPRM proposed to require replacing the loose rivet. The proposed requirements were intended to detect a crack, loose rivet, corrosion,or any other damage, which could lead to loss of the tailboom and subsequent loss of control of the helicopter.
The NPRM was prompted by AD No. CF-2009-41, dated November 16, 2009, issued by Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada. TCCA issued AD No. CF-2009-41 to correct an unsafe condition for certain 206L series helicopters, specifically: Model 206L, serial number (S/N) 45004 through 45153, and 46601 through 46617; Model 206L-1, S/N 45154 through 45790; Model 206L-3, S/N 51001 through 51612; and Model 206L-4, all S/Ns. TCCA advises that AD No. CF- 2009-41 was prompted by a new airworthiness limitation for the fitting that requires an inspection of fitting part number 203-032-409-001 at each 100-hour or annual inspection. The TCCA AD requires inspecting the fitting, and replacing or repairing it if necessary, in accordance with the Accomplishment Instructions of BHTC Alert Service Bulletin (ASB) 206L-09-158, Revision A, dated August 31, 2009 (ASB 206L-09-158 Revision A). TCCA further states that incorporating this inspection into the applicable maintenance manual revision constitutes terminating action to TCCA AD No. CF-2009-41. The actions in TCCA AD No. CF-2009-41 are intended to detect a crack in a tailboom attachment fitting, which could result in loss of the tailboom and subsequent loss of control of the helicopter.
Comments
We gave the public the opportunity to participate in developing this AD, but we did not receive any comments on the NPRM (78 FR 41886, July 12, 2013).
FAA's Determination
These helicopters have been approved by the aviation authority of Canada and are approved for operation in the United States. Pursuant to our bilateral agreement with Canada, TCCA, its technical representative, has notified us of the unsafe condition described in the TCCA AD. We are issuing this AD because we evaluated all information provided by TCCA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed.
Differences Between This AD and the TCCA AD
The TCCA AD requires a recurring inspection every 100 hours, while this AD requires the inspection at intervals not to exceed 110 hours to align with the Bell ASB.
Related Service Information
We reviewed ASB 206L-09-158, Revision A for certain serial-numbered Model 206L, L-1, L-3, and L-4 helicopters with certain tailboom assemblies installed. The ASB requires an inspection of the fitting for a crack, loose rivets, corrosion, and damage at each 100-hour or annual inspection. If there is a crack, the ASB specifies replacing the fitting with an airworthy fitting. If there is a loose rivet, the ASB specifies replacing the rivet with an airworthy rivet. If the fitting has corrosion or mechanical damage, the ASB specifies determining if the corrosion or mechanical damage is within acceptable limits. If the corrosion or mechanical damage is within acceptable limits, the ASB specifies repairing the damage in accordance with the instructions contained in the ASB. If the damage is not within acceptable limits, the ASB specifies replacing the fitting with an airworthy
[[Page 78700]]
fitting. TCCA classified this ASB as mandatory and issued AD No. CF- 2009-41 to ensure the continued airworthiness of these helicopters.
Since that time, BHTC has issued ASB 206L-09-158, Revision B, dated June 1, 2011, for all Model 206L series helicopters. Revision B of the ASB changes the recurring inspection interval from every 100 flight hours to every 110 flight-hours.
Costs of Compliance
We estimate that this AD affects 783 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. At an average labor rate of $85 per work-hour, inspecting the fitting requires about 1 work-hour, fora cost per helicopter of $85 and a total cost to U.S. operators of $66,555 per inspection cycle.
We estimate the following costs to do any necessary repairs or replacements that would be required based on the results of the proposed inspection. We have no way of determining the number of aircraft that might need these repairs or replacements. Repairing a damaged fitting requires about 8 work-hours and required parts cost about $10, for a cost per helicopter of $690. Replacing a fitting which is damaged beyond the allowable repair limits requires about 8 work- hours and required parts cost about $793, for a cost per helicopter of $1,473. Replacing a loose rivet requires about 1 work-hour, and required parts cost about $1, for a cost per helicopter of $86.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on helicopters identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussedabove, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and
(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.