Discussion
On February 25, 2013, at 78 FR 12646, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 to include an AD that would apply to Agusta Model AB412 and AB412 EP, and Bell Model 412, 412CF, and 412EP helicopters with certain Dart crosstubes installed. The NPRM proposed to require establishing a component history card for each crosstube, P/N D412-664- 203; revising the airworthiness limitations of the maintenance manual to establish a life limit of 10,000 landings for each crosstube; and removing from service any crosstube with more than 10,000 landings. The proposed requirements were intended to prevent failure of the crosstube and subsequent collapse of the landing gear.
The NPRM was prompted by AD No. CF-2012-14R1, dated May 9, 2012, issued by Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada. TCCA issued AD No. CF-2012-14R1 to correct an unsafe condition for the Dart high gear aft crosstube assembly, part number (P/N) D412-664-203, approved under TCCA Supplemental Type Certificate (STC) SH01-9, FAA STC No. SR01298NY, and European Aviation Safety Agency STC IM.R.S.01304, and installed on Agusta Model AB412 and AB412 EP and Bell Model 412, 412EP, and 412CF helicopters. TCCA advises that they have received five reports of these crosstubes failing. According to TCCA, based on these reports, the affected crosstube requires a life limitation of 10,000 landings. As a result, TCCA issued AD No. CF-2012-14R1, which
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requires amending the instructions for continued airworthiness (ICA) to establish the new life limitation, and removing from service all crosstubes with more than 10,000 landings.
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 12646, February 25, 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.
Related Service Information
We reviewed Dart ICA No. ICA-D212-664, Revision 8, dated October 20, 2011, which contains the airworthiness limitations, inspection requirements, proper placards and markings, and maintenance procedures for crosstube P/N D212-664 and D412-664. Revision 8 establishes a life limit of 10,000 landings for crosstube P/N D412-664-203.
Costs of Compliance
We estimate that this AD will affect 76 helicopters of U.S. Registry. Based on an average labor cost of $85 per hour, we estimate that operators may incur the following costs in order to comply with this AD. Creating a component history card and amending the ICA requires about 1 work-hour, for a cost per helicopter of $85 and a total cost to U.S. operators of $6,460. Replacing a crosstube that has exceeded its life-limit requires about 6 work-hours and required parts will cost about $10,351, for a total cost per helicopter of $10,861.
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 discussed above, 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 aviationin 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.