A proposal to amend 14 CFR part 39 by superseding AD 2006-09-10, Amendment 39-14581 (71 FR 25930), for the specified ECF model helicopters was published in the Federal Register on June 13, 2007 (72 FR 32565). The action proposed to require checking the T/R gearbox (TGB) oil level before the first flight of the day and maintaining the oil at the maximum level for certain helicopters. Also, the action proposed during each required inspection or at certain specified intervals, ensuring the oil is at the maximum level for certain other model helicopters. Also, proposed was inspecting the magnetic plug for chips at specified intervals. Depending on the quantity of chips found, either replacing the TGB before further flight or further inspecting for axial play in the T/R hub pitch change control spider (spider) was proposed. If axial play is found in the spider, before further flight, the action proposed replacing the bearing.
The European Aviation Safety Agency (EASA) notified the FAA that an unsafe condition may exist on the specified ECF helicopters. EASA advises of a loss of tail rotor pitch control on a helicopter during a landing phase due to significant damage to the bearing of the control rod in the tail gear box. EASA advises that the loss of tail rotor pitch control can lead to the loss of yaw control of the helicopter.
Since issuing AD 2006-09-10, ECF has issued Alert Service Bulletin (ASB) 05.00.54, dated August 25, 2006, for Model SA-365 N1, AS-365 N2, AS 365 N3, to replace ASB 05.00.52, dated February 15, 2006. ECF has also issued ASB 05.37 for Model SA 366G1, dated August 25, 2006, to replace ASB 05.36, dated February 15, 2006. Also, ECF has issued ASB 05A015 for Model EC155B and EC155B1, dated August 25, 2006, to replace ASB 05A013, dated February 15, 2005. ASBs 05.00.52, 05.36, and 05A013 introduced a periodic check for absence of end play in the bearing. These ASBs were revised following the loss of yaw control on an AS365 MB helicopter due to progressive deterioration of the bearing. The metal chips resulting from this deterioration remained trapped in the area around the bearing and were not detected by the magnetic plug of the TGB. Further investigation and analyses revealed that the nondetection of the chips resulting from this deterioration was due to insufficient oil flow. This occurs when the oil level in the TGB is continuously maintained at the "min'' level. Therefore, the ASBs specify keeping the TGB oil level at maximum level to ensure that any chips resulting from possible deterioration of the bearing are detected by the magnetic plug. Also, the ASBs specify checking for absence of play in the bearing should chips be detected at the magnetic plug of the TGB.
EASA classified these ASBs as mandatory and issued Emergency AD (EAD) No. 2006-0258 R1-E on August 29, 2006. This EAD replaced EAD No. 2006-0051-E, dated February 20, 2006, to ensure the continued airworthiness of these helicopters in France.
These helicopter models are manufactured in France and are type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Under this agreement, EASA has kept the FAA informed of the situation described above. We have examined EASA's findings, evaluated all pertinent 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 adopting the rule as proposed except we are correcting various typographical errors. The Federal Register citation for the superseded AD was referred to in two places as 85 FR 25930, and it should have been referred to as 71 FR 25930. Additionally, the paragraph designations of the incorporated ASB paragraphs contained 3 small errors. These have been corrected in this final rule. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
The FAA estimates that this AD will affect 133 helicopters of U.S. registry, and the actions will require about:
1/2hour to check the oil level, fill the oil to maximum level, and inspect the magnetic plug for metal chips;
1/2 hour to inspect for end play in the bearing;
8 hours to remove and replace the bearing (if necessary) at an average labor rate of $80 per work hour; and $2,026 for required parts per helicopter.
Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $365,218, assuming the bearing is replaced on the entire fleet after 1 oil level check, 1 magnetic plug inspection, and 1 end play inspection.
Regulatory FindingsWe 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 bythe 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 removing Amendment 39-14581 (71 FR 25930, May 3, 2006), and by adding a new airworthiness directive (AD), Amendment 39-15290, to read as follows: