Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking duringthe comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.
Discussion
On September 19, 2011, we issued AD 2011-15-51, Amendment 39-16817 (76 FR 66609, October 27, 2011) for Bell Model 407 helicopters with a servo, part number (P/N) 206-076-062-105 or 206-076-062-107, and Bell Model 427 helicopters, with a servo, P/N 206-076-062-109 or 206-076- 062-111, installed. This AD requires inspecting certain servos to determine whether the shaft turns independently of the nut or the clevis assembly. If the shaft turns independently, this AD requires replacing the servo with an airworthy servo. If the shaft does not turn independently, the AD requires inspecting to determine the condition of the lock washers. Based on the condition of the lock washers, the AD requires either replacing the servo with an airworthy servo or bending the tab of the lock washer flush against a flat surface of the nut or clevis assembly. The AD also requires reidentifying the servo by metal- impression stamping or vibro-etching ``67-01'' onto the modification plate. The AD was prompted by a report that a supplier had a ``quality escape'' resulting in servos with a loose nut, shaft, and clevis assembly because of improper lock-washer installation. An investigation after an accident revealed the clevis nut on the servo was loose. Transport Canada, which is the aviation authority for Canada, notified the FAA of this
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unsafe condition and issued AD No. CF-2011-17, dated June 30, 2011. The actions specified by AD 2011-15-51 are intended to prevent a malfunction of a servo in the flight control system and subsequent loss of helicopter control.
Actions Since Existing AD Was Issued
Since we issued AD 2011-15-51 (76 FR 66609, October 27, 2011), Transport Canada issued AD No. CF-2011-17R1, dated December 19, 2011 (AD CF-2011-17R1), which supersedes AD CF-2011-17, to correct an unsafe condition forthe Bell Model 407, serial numbers 53000 through 53900, 53911 through 53999, and 54000 through 54081, equipped with servos, P/N 206-076-062-105 or P/N 206-076-062-107; and Model 427 helicopters, serial numbers 56001 through 56077, 58001 and 58002, equipped with servos, P/N 206-076-062-109 or P/N 206-076-062-111. Transport Canada advises that additional servos may have a loose nut, shaft, and clevis assembly after the supplier's ``quality escape.'' Therefore, Transport Canada revised its original AD to include all installed servos, and to require that servos already inspected according to its original AD be reidentified with the letter ``V'' at the end of the part number on the data plate.
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, Transport Canada, its technical representative, has notified us of the unsafe condition described in its AD. We are issuing this AD because we evaluated all information provided by Transport Canada and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs.
Related Service Information
We reviewed Bell Alert Service Bulletin (ASB) 407-11-96, Revision B, for the Model 407 helicopter, and Bell ASB 427-11-35, Revision B, for the Model 427 helicopter. Both ASBs are dated August 29, 2011 and describe procedures for performing a one-time inspection of the servos before further flight, and reidentifying servos that meet all of the inspection requirements. Transport Canada classified this service information as mandatory and issued AD No. CF-2011-17R1 to ensure the continued airworthiness of these helicopters.
AD Requirements
This AD retains the inspection requirements of AD 2011-15-51 (76 FR 66609, October 27, 2011), and adds a requirement to mark the letter ``V'' at the end of the part number on thedata plate if the servo meets all of the inspection's requirements. This AD also expands the applicability to all servos.
Costs of Compliance
We estimate that this AD will affect 582 helicopters of U.S. Registry and that labor costs will average $85 a work hour. Based on these estimates, we expect the following costs:
The required inspection will take about a \1/2\ hour for a labor cost of about $43 per helicopter. The cost for the total U.S. fleet would be $25,026.
Replacing the servo, if needed, will require 2 work hours for a labor cost of $170. Parts will cost $33,000 for a total cost of $33,170 per helicopter.
FAA's Justification and Determination of the Effective Date
Providing an opportunity for public comments before adopting these AD requirements would delay implementing the safety actions needed to detect any loose or misaligned parts in the servo, the failure of which could adversely affect control of the helicopter. Therefore, we find that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the required corrective actions must be accomplished before further flight.
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 onproducts identified in this rulemaking action.
Regulatory Findings
We determined that 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, 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 tocomply 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.