Discussion
EASA, which is the Technical Agent for the Member States of the European Community, has issued EASA AD No. 2008-0177-E, dated September 19, 2008, to correct an unsafe condition for the ECF Model EC120B helicopters.
The MCAI AD states that operators have reported unreliability of the latching push buttons on the Emergency Floatation LACU including the `FLOAT ARM' pushbutton used to arm the emergency floatation gear and failure of the light to illuminate properly. Investigations have revealed the anomaly may be due to the bonding of these pushbuttons. Design improvements for the pushbuttons are currently in progress. The MCAI AD states that a repetitive in-flight functional check of the `FLOAT ARM' pushbutton before flying over water is necessary. If the pushbutton fails to latch in the depressed position, the MCAI AD prohibits further flight over water until the `FLOAT ARM' pushbutton is replaced with an airworthy unit. These actions are intended to prohibit flight over water if a functional test indicates that the emergency floatation gear cannot be armed, which would preclude deployment of the floats in an emergency water ditching that could result in helicopter damage and a fatality.
You may obtain further information by examining the MCAI AD and any related service information in the AD docket.
Related Service Information
ECF has issued Emergency Alert Service Bulletin No. 04A007, on September 18, 2008 (ASB). The ASB specifies a pre-flight check before each flight. The ASB also specifies arming the emergency floatation gear by pressing the "FLOAT ARM'' pushbutton and reducing speed in accordance with the Rotorcraft Flight Manual Supplement (RFMS) 9.17 to determine if both lights remain lit. If both lights remain lit, the ASB specifies continuing the flight. If both lights do not remain lit, the ASB specifies that flying over water is prohibited and specifies replacing the pushbutton with an airworthy pushbutton before the next flight over water. The actions described in the MCAI AD are intended to correct the same unsafe condition as that identified in the ASB.
FAA's Evaluation and Unsafe Condition Determination
The ECF Model EC120B 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.
Differences Between This AD and the MCAI AD
We require adding the limitations to the Limitations section of the RFMS not the basic Rotorcraft Flight Manual. We also allow inserting a copy of this AD in the RFMS or making pen and ink changes to the language in the RFMS. Also, we clarified the wording used to describe the functional check.
Costs of Compliance
We estimate that this AD will affect about 153 Model EC120B helicopters of U.S. registry. We also estimate that it will take about 1 work-hour per helicopter to replace the pushbutton. The cost of revising the limitations section of the RFMS and of the pre-flight functional check is negligible. The average labor rate is $80 per work- hour. Required parts will cost about $190 per pushbutton. Based on these figures, we estimate the cost of this AD on U.S. operators will be $41,310 per helicopter, assuming the pushbutton is replaced on each helicopter.
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 revising the RFMS is required before further flight and a pre-flight functional check before each flight overwater. 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-2009- 1118; Directorate Identifier 2008-SW-60-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, 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: