Discussion
We issued an NPRM to amend 14 CFR part 39 to include an AD that would apply to the BHTC Model 230 helicopters on April 14, 2008. That NPRM was published in the Federal Register on April 23, 2008 (73 FR 21855). That NPRM proposed to require, within the next 150 hours time- in-service (TIS) or at the next annual inspection, whichever occurs first, adjusting the rigging of the tail rotor pitch change mechanism, and if a gap exists between the tail rotor yoke and the flapping stop, replacing the tail rotor yoke with an airworthy tail rotor yoke. If no gap exists between the tail rotor yoke and the flapping stop at either full right or full left pedal position, adjusting the tail rotor pitch change mechanism and the tail rotor pedal forces was proposed.
Comments
By publishing the NPRM, we gave the public an opportunity to participate in developing this AD. However, we received no comment on the NPRM or on our determination of the costto the public. Therefore, based on our review and evaluation of the available data, we have determined that air safety and the public interest require adopting the AD as proposed.
Related Service Information
Bell Helicopter Textron has issued Alert Service Bulletin 230-07- 36, dated January 9, 2007. The actions described in the MCAI are intended to correct the same unsafe condition as that identified in the service information.
Differences Between This AD and the MCAI
The compliance times in this AD differ from the MCAI in that compliance is required within the next 150 hours TIS or at the next annual inspection, whichever occurs first, instead of "at the next 150 hour or annual inspection but no later than 31 December 2007.''
Costs of Compliance
We estimate that this AD will affect about 20 helicopters of U.S. registry. We also estimate that it will take 2 work-hours per helicopter to adjust the
rigging of the tail rotor pitch change mechanism. The averagelabor rate is $80 per work-hour. A replacement yoke will cost about $21,218, assuming the part is no longer under warranty. However, because the service information lists this part as covered under warranty, we have assumed that there will be no charge for this part, if needed. Therefore, as we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these assumptions and figures, we estimate the cost of the AD on U.S. operators to be $3,200, or $160 per helicopter.
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 thatsection, 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 nothave 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 FAA amends Sec. 39.13 by adding the following new AD: