Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to Agusta S.p.A. Model AB 139 and AW 139 helicopters. That NPRM was published in the Federal Register on March 7, 2008 (73 FR 12299). That NPRM proposed to require repetitive inspections of the fuselage frame structure for a crack, and if a crack is found, repairing the crack before further flight in accordance with an FAA-approved procedure. You may obtain further information by examining the MCAI and any related service information in the AD docket.
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 cost to 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 except for some formatting changes. These changes will neither increase the economic burden on any operator nor increase the scope of this AD.
Relevant Service Information
Agusta S.p.A. has issued Bollettino Tecnico No. 139-018, Revision B, dated October 18, 2006. 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 AD
This AD differs from the MCAI in that the MCAI states "When damage or cracks are found, before next flight, contact the TC Holder for further instructions.'' This AD requires repairing the crack before further flight in accordance with an FAA-approved procedure if a crack is found. Also, this AD requires that the inspection be performed based on "hours time-in-service'' rather than "flight hours,'' as stated in the MCAI.
Costs of Compliance
We estimate that this AD will affect about 17 helicopters of U.S. registry. We also estimate that it willtake about 1 work-hour per helicopter to comply with the initial and each subsequent recurring inspection required by this AD. The average labor rate is $80 per work- hour. Assuming that 3 recurring inspections will be performed on each of the affected helicopters every year after the initial inspection, and that 2 of the affected helicopters will require repairs to the fuselage middle frame section at $10,000 per repair during the service life of these helicopters, we estimate the cost of this AD as follows:
Initial Inspection Costs: 1 x 80 x 17 = $1360.
Subsequent Recurring Inspection Costs over the next 20 years: 1 x 3 x 20 x 80 x 17 = $81,600.
Repair Costs: 2 x 10,000 = $20,000.
Based on these figures, we estimate the cost of this AD on U.S. operators to be $102,960, or $6,056 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 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 helicopters 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 responsibilitiesamong 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, 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 39.13 by adding the following new AD: