Discussion
Transport Canada, which is the aviation authority for Canada, has issued Canadian AD No. CF-2009-03, dated January 22, 2009, to correct an unsafe condition for BHTC Model 407 helicopters, serial numbers (S/ N) 53000 through 53408, and S/N 53421 through 53459. Transport Canada has also issued Canadian AD No. CF-2009-04, dated January 22, 2009, to correct an unsafe condition for Model 427 helicopters, S/N 56001 through 56046. These MCAI ADs state that helicopters with hydraulic pump input shaft, part number (P/N) 407-340-107-101, and interconnect adapter, P/N 407-340-108-101, that were installed in accordance with BHTC Technical Bulletin (TB) No. 407-01-30, Revision A, dated May 21, 2003 (for Model 407 helicopters), or TB No. 427-05-19, dated January 7, 2005 (for Model 427 helicopters), are not affected by the MCAI ADs. The MCAI ADs further state that some hydraulic pump driveshaft assemblies, P/N 406-040-072- 105, may have been delivered with a missing internal plug or fastening rivet. This condition, if not corrected, could result in a loss of hydraulic pressure and subsequent loss of control of the helicopter.
You may obtain further information by examining the MCAI ADs and any related service information in the AD docket.
FAA's Evaluation and Unsafe Condition 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, they have notified us of the unsafe condition described in the MCAI ADs. 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.
Differences Between This AD and the MCAI ADs
This AD differs from MCAI AD No. CF-2009-03, applicable to Model 407 helicopters, and MCAI AD No. CF-2009-04, applicable to Model 427 helicopters, both dated January 22, 2009, which require compliance with a part of the BHTC service information that specifies inspecting "spares stock", and also require attaching a "serviceable" tag to parts in inventory. This AD does not require either of those actions. Also, the compliance section of this AD refers to "50 hours time-in- service" instead of "50 hours air time," which is used in both of the MCAI ADs. Further, the MCAI ADs require performing actions in accordance with the BHTC alert service and technical bulletins or later revisions approved by the Chief, Continuing Airworthiness, Transport Canada. The BHTC alert service and technical bulletins describe additional inspections for wear that are not required by this AD; we have listed those bulletins in the "Related Information" section of this AD. Finally, the MCAI AD for the Model 427 helicopter applies to S/N 58001 and S/N 58002. Per U.S. Type Certificate R00001RC, neither of these helicopters is eligible foran FAA Airworthiness Certificate and thus, this AD does not apply to them.
Costs of Compliance
We estimate that this AD will affect about 259 BHTC Model 407 helicopters and 16 BHTC Model 427 helicopters of U.S. registry. We also estimate that it will take about 1.5 work-hours per helicopter to perform a one-time inspection of the hydraulic pump driveshaft assembly, P/N 406-040-072-105, to determine the presence of the internal plug in the center of the driveshaft, as well as the fastening rivet that holds the internal plug in place, and 1 work-hour to install a replacement shaft and adapter, if necessary. The average labor rate is $80 per work-hour. Required parts will cost about $1,850 per helicopter, to install an input shaft and adapter, if needed. Based on these figures, we estimate the cost of this AD on U.S. operators will be $563,750 or $2,050 per helicopter to inspect and replace parts.
FAA's Determination of the Effective Date
An unsafe condition exists thatrequires 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 a hydraulic pump driveshaft assembly with a missing internal plug or fastening rivet could result in a loss of hydraulic pressure and subsequent loss of control of the helicopter. Because the compliance time to correct this unsafe condition is short, 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- 1123; Directorate Identifier 2009-SW-03-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.
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: