Discussion
On April 4, 2012, at 77 FR 20319, 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 all Eurocopter France (EC) Model SA-365N, SA-365N1, SA-366G1, AS-365N2, AS 365 N3, EC 155B, and EC155B1 helicopters. That NPRM proposed to require replacing the main rotor mast nut with an airworthy main rotor mast nut to prevent failure of the main rotor mast and subsequent loss of control of the helicopter.
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD No.: 2006-0368R1, dated December 2, 2010, and corrected December 8, 2010 (AD 2006-0368R1), to correct an unsafe condition for the EC Model SA 365 N, SA 365 N1, AS 365 N2, AS 365 N3, SA 366 G1, EC 155 B, and EC 155 B1 helicopters.
EASA advises that a cracked (partially failed) main rotor mast nut was discovered during a complete overhaul of a main rotor mast. The start of the crack was related to circular scoring found in the nut threads. EASA states that this condition, if not corrected, ``could lead to complete failure of the mast nut, possibly resulting in failure of the rotor mast and consequent loss of control of the helicopter.'' To address this unsafe condition, EASA issued Emergency AD 2006-0368-E, dated December 6, 2006 (AD 2006-0368-E), to require repetitive inspections of the mast nut, and replacement of the nut if cracked. Since issuance of AD 2006-0368-E, EC has developed modification (MOD) 0762C42 to improve the strength of the mast nut by changing its material. Replacing mast nut part number (P/N) 360A31-1020-20 with mast nut P/N 365A31-2060-20 or 365A31-2060-21 (as applicable to helicopter type) ``constitutes an optional terminating action'' for the repetitive inspection requirements. For this reason, EASA issued AD 2006-0368R1 ``to inform which helicopters remain subject to inspections and replacement requirements'' of the AD.
Comments
We gave the public the opportunity to participate in developing this AD, but we did not receive any comments on the NPRM.
FAA's Determination
These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by EASA 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 EASA AD
The EASA AD allows for either inspecting the mast nut at regular intervals or replacing the mast nut, while this AD requires replacing the mast nut.The EASA AD uses flight hours of the main rotor mast assembly, while this AD uses TIS of the helicopter.
Related Service Information
We reviewed EC Alert Service Bulletin (ASB) No. 62.00.23, Revision 1, for Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters; EC ASB 62.12, Revision 1, for Model SA-366G1 helicopters; and EC ASB 62A014, Revision 1, for Model EC 155B and EC155B1 helicopters, all dated October 27, 2010. The ASBs contain procedures
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for repetitively inspecting the mast nut for a crack or failure. The ASBs remove any helicopter with MOD 0762C42 incorporated from the applicability of the ASB. EASA classified this ASB as mandatory and issued AD 2006-0368R1 to ensure the continued airworthiness of these helicopters.
Costs of Compliance
We estimate that this AD affects 30 helicopters of U.S. registry. We estimate that replacing the mast nut with an airworthy mast nut will require 32 work-hours, at an average labor cost of $85per work-hour. Parts will cost about $3,100. Based on these costs, we estimate a total cost per helicopter of $5,820, and a total cost for the U.S. operator fleet of $174,600.
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 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.