Discussion
The EASA, which is the technical agent for the Member States of the European Community, has issued EASA AD No. 2006-0339, dated November 9, 2006, to correct an unsafe condition for the specified helicopters. The MCAI AD was issued after the discovery of broken swashplate bearing attaching screw heads. Failure of these screw heads could lead to the loss of the coupling between the non-rotating and the rotating swashplate. This AD is intended to prevent loss of power to the rotating swashplate and subsequent loss of control of the helicopter.
You may obtain further information by examining the MCAI AD in the AD docket.
Related Service Information
Eurocopter has issued Alert Service Bulletin No. 62.00.66, dated September 13, 2006. 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
This helicopter has been approved by the aviation authority of France and is approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, their Technical Agent, has notified us of the unsafe condition described in the MCAI 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 the same type design.
There are no helicopters of this type currently registered in the United States. However, this rule is necessary to ensure that the described unsafe condition is addressed if any of these helicopters are placed on the U.S. register in the future.
Differences Between This AD and the MCAI AD
This AD does not require you to send the assembly to an "approved repair center for investigation and reconditioning.''
This AD uses "hours time-in-service'' instead of "flying hours.''
This AD does not apply to non-installed parts.This AD does not include an inspection for masts that were inspected per a previous MCAI AD.
Costs of Compliance
There are no costs of compliance since there are no helicopters of this type design on the U.S. registry.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of these helicopters, notice and opportunity for public comment before issuing this AD are unnecessary, and this amendment can be made effective in less 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. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2010-0491; Directorate Identifier 2009-SW-64-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 products 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 above, 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.
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 FAA amends Sec. 39.13 by adding the following new AD: