A proposal to amend 14 CFR part 39 to include an AD for the specified model helicopters was published in the Federal Register on January 23, 2008 (73 FR 3889). That action proposed to require, within 50 hours time-in-service (TIS), rewiring the switches that control the operation of the No. 1 and No. 2 engines' fuel valves, and testing the switches and the ignitor system.
Transport Canada, the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on BHTC Model 222, 222B, 222U, 230 and 430 helicopters. Transport Canada advises of an investigation into an incident involving a BHTC Model 222 helicopter, in which the fuel shut-off switch, part number (P/N) 10648BH1-1, failed during flight causing the fuel valve to close and the engine to shut down. Review of the Service Difficulty Report database identified two other incidents of switch failure.
Bell Helicopter Textron has issued the following technical bulletins, all datedJune 11, 2003, which specify rewiring the fuel valve switch:
Technical Bulletin
Helicopter Models Affected
No. 222-03-171
Model 222 and 222B helicopters
No. 222U-03-96
Model 222U helicopters
No. 230-03-35
Model 230 helicopters
No. 430-03-33
Model 430 helicopters
Transport Canada classified these technical bulletins as mandatory and issued AD No. CF-2006-03, dated February 28, 2006, to ensure the continued airworthiness of these helicopters in Canada. That AD requires compliance no later than May 3, 2006. This AD requires compliance within 50 hours TIS.
These helicopter models are manufactured in Canada and are type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, Transport Canada has kept the FAA informed of the situation described above. The FAA has examined the findings of Transport Canada, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.
Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed.
The FAA estimates that this AD will affect 165 helicopters of U.S. registry, and the required actions will take approximately four work hours per helicopter to rewire the 2 fuel valve switches, and test those switches and the ignitor system, at an average labor rate of $80 per work hour. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $52,800 ($320 per helicopter).
Regulatory Findings
We have 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 that the regulation:
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. See the AD docket to examine the economic evaluation.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to read as follows: