Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and Federal Register requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles.
Discussion
The European Aviation Safety Agency (EASA), which is the technical agent for the Member States of the European Community, hasissued an MCAI in the form of EASA Airworthiness Directive No. 2007-0295R1-E, dated December 4, 2007 (referred to after this as "the MCAI''), to correct an unsafe condition for these Italian-certificated helicopters. The MCAI states:
"During a ground test of the emergency door release system, the Pilot doors failed to disengage. Investigation determined that the reason of this malfunction is interference between the lower hinge and the fuselage structure. This condition, if not corrected, creates the risk of non-disengagement of the Pilot- and/or Co-pilot doors during an emergency, inhibiting the evacuation of the aircraft, possibly resulting in injuries to the occupants.''
This AD requires actions that are intended to address the unsafe condition caused by interference between the pilot or co-pilot door lower hinge and the fuselage structure. You may obtain further information by examining the MCAI and service information in the AD docket.
Relevant Service InformationAgusta has issued Alert Bollettino Tecnico No. 109EP-83, No. 109S- 18, and No. 119-25, all dated November 29, 2007. The actions described in the MCAI are intended to correct the same unsafe condition as that identified in the service information.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of Italy, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, we have been notified of the unsafe condition described in the MCAI and the service information. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.
Differences Between This AD and the MCAI
We have reviewed the MCAI and related service information and, in general, agree with their substance. However, we have made the following changes:
The compliance times in this AD are stated in terms of hours time-in-service rather than calendar dates, as stated in the MCAI.
This AD is not applicable to the Model A109LUH helicopters because they are not type certificated in the United States.
In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. These differences are highlighted in the "Differences Between the FAA AD and the MCAI'' section in the AD.
Cost of Compliance
We estimate that this AD will affect 140 helicopters of U.S. registry and that it will take about 1 work-hour to inspect both doors and 2 work-hours to re-work both doors, if necessary, per helicopter. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the AD on U.S. operators to be $33,600, assuming all 140 helicopters are inspected and require rework of both doors.
FAA's Determination of the Effective Date
An unsafe conditionexists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because inspecting for interference between the pilot and co-pilot door lower hinge and the fuselage structure is required within 5 hours time-in- service, and, if there is no interference, rework is required within 100 hours time-in-service (which equates to approximately 2 months of operations), both very short compliance times, and if interference is found, corrective action is required before further flight. Therefore, we 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. We invite you to send any writtenrelevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2008-0630; Directorate Identifier 2008-SW-19-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.
For the reasons discussed above, 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 Sec. 39.13 by adding the following new AD: