A proposal to amend 14 CFR part 39 by revising AD 96-18-05, Amendment 39-9729 (61 FR 45876, August 30, 1996), for the specified BHTC Model 206L, 206L-1, and 206L-3 helicopters, with tailboom, part number (P/N) 206-033-004-003, -011, -045, or -103, installed, was published in the Federal Register on November 26, 2008 (73 FR 71955). The action proposed to require before further flight, unless accomplished previously, a visual inspection of the tailboom skin for cracks and corrosion in the areas around the nutplates for the tail rotor fairing and in the areas of the tailboom drive shaft cover retention clips using a 10-power or higher magnifying glass. The action also proposed to require the inspections repetitively at intervals not to exceed 100 hours time-in-service (TIS) for helicopters that have been modified to increase the structural integrity of the tailboom in accordance with Bell Helicopter Textron Alert Service Bulletin No. 206L-87-47, Revision C, dated October 23, 1989 (ASB). For helicopters that have not been modified in accordance with the ASB, we proposed to require repetitive inspections at intervals not to exceed 50-hours TIS. That action also proposed a terminating action for the repetitive inspection requirements by replacing an affected tailboom with an airworthy tailboom, P/N 206-033-004-143 or -177. That action was prompted by an accident and several reports of fatigue cracks in the tailboom skin in the areas around the nutplates for the tail rotor fairing, and in the areas of the tail rotor drive shaft cover retention clips.
Transport Canada, the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on BHTC Model 206L, 206L-1, and 206L-3 helicopters. Transport Canada advises that there has been one accident and several reports of fatigue cracks in the tailboom skin in the areas around the nutplates for the tail rotor fairing, and in the areas of the tail rotor drive shaft cover retention clips.
This helicopter model is manufactured in Canada and is type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. When AD 96-18-05 was issued, the type certificate for these affected model helicopters was in the U.S. and the FAA had oversight responsibility for these model helicopters. Transport Canada issued an AD following the FAA AD, except that Transport Canada required modifying the tailboom in accordance with the ASB and increasing the inspection interval to 100 hours TIS. Subsequently, these type certificates were transferred to Canada.
Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed with only minor, non-substantive changes.
We estimate that this AD will affect 551 helicopters of U.S. registry. We also estimate that it will take about 0.8 work hour to inspect and 8 work hours per helicopter to modify a helicopter, at an average labor rate of $85 per work hour. If a helicopter is modified to increase the inspection intervals, required parts will cost approximately $385. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $423,168 per year, assuming all the helicopters are unmodified and twelve 50-hour TIS inspections per helicopter. If we assume that all helicopters are modified at the beginning of the year, the cost impact of the AD on U.S. operators will be $776,359 for the first year, assuming there are six 100-hour TIS inspections the first year, and $211,584 for each year thereafter.
Regulatory Findings
We have 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 above, I certify that the regulation:
1. Is not a "significant regulatory action'' under Executive Order 12866;
2. Is not a "significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
3. 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. See the AD docket to examine the economic evaluation.
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 products identified in this rulemaking action.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESSDIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing Amendment 39-9729 (61 FR 45876, August 30, 1996), and by adding a new airworthiness directive (AD), to read as follows: