Discussion
EASA, which is the Technical Agent for the Member States of the European Community, has issued Emergency AD No. 2007-0139-E, dated May 15, 2007 (corrected May 23, 2007), to correct an unsafe condition for these French-certificated helicopters. The MCAI AD states that the AD is issued following one report of a crack discovered in the area of the center cross-member at station X 2325, at the attachment point of the yaw channel ball-type control sheath stop, of an AS355N helicopter with the collective-to-yaw control coupling. Investigations revealed that the helicopter did not have the structural doublers, which are combined with the collective-to-yaw control coupling installation. Repetitive loads on the non-modified cross-member may cause it to crack. A crack can reduce the yaw control travel.
You may obtain further information by examining the MCAI AD and any related service information in the AD docket.
Related Service Information
Eurocopter has issued an Emergency Alert Service Bulletin (EASB), dated April 11, 2007, that contains 3 different numbers (Nos. 53.00.37, 53.00.11, and 53.00.23) for Eurocopter Model 350, 355, 550, and 555 helicopters. EASB No. 53.00.37 relates to 2 Model 350 (350 BB and 350 L1) helicopters that are not type-certificated in the United States. EASB No. 53.00.11 relates to 4 Model 550 and 6 Model 555 military helicopters that are not type-certificated in the United States. The actions described in the MCAI AD are intended to correct the same unsafe condition as that identified in the service information.
FAA's Evaluation and Unsafe Condition 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 this State of Design, EASA, their Technical Agent, has notified us of the unsafe condition described in the MCAI AD and service information. We are issuingthis 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.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. However, we invite you to send us any written data, views, or arguments concerning this AD. Send your comments to an address listed under the ADDRESSES section of this AD. Include "Docket No. FAA-2010- 0969; Directorate Identifier 2009-SW-62-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to http:// www.regulations.gov including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
Differences Between This AD and the MCAI AD
This AD differs from the MCAI AD as follows:
We use the word "inspect'' to describe the actions required by an inspector versus the word "check,'' which is how we describe the actions allowed by a pilot.
We refer to the compliance time as "hours time-in-service (TIS)'' rather than "flying hours.''
We do not include the military model helicopters in the applicability.
Costs of Compliance
We estimate that this AD will affect about 725 helicopters of U.S. registry. We also estimate that it will take about 1 work-hour per helicopter to inspect for the presence of the center cross member and doublers under the cabin floor and determine whether there is a crack in the center cross member. The average labor rate is $85 per work- hour. Required parts will cost about $150 per helicopter. Based on these figures, we estimate the cost of the AD on U.S. operators is $189,135, assuming 7 helicopters have cracks and require an additional 8 work-hours of repair labor and $2,000 in repair design and parts.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD. We find that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because of the short compliance time, within 10 hours TIS or 1 month, whichever occurs first, to inspect for the presence of the cross-member at station X 2165 and the doublers at X 2325 and Y 269 and installing them within 55 hours TIS if they are missing. Therefore, we have determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. However, we invite you to send us any written data, views, or arguments concerning this AD. Send your comments to an address listed under the ADDRESSES section of this AD. Include "Docket No. FAA-2010- 0969; Directorate Identifier 2009-SW-62-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to http:// www.regulations.gov including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
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 product(s) 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.
Therefore, I certify this AD:
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 and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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. The FAAamends Sec. 39.13 by adding the following new AD: