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
On August 24, 2006, we issued AD 2006-17-51, Amendment 39-14747 (71 FR 51988, September 1, 2006). That AD required actionsintended to address cracks in the exhaust tailpipes of Agusta Model AB139 helicopters.
Since we issued AD 2006-17-51, the applicability has been expanded to include the Agusta Model AW139 helicopters. In addition, modification procedures have been introduced to strengthen certain cracked areas that are outside the cowling and are within certain allowable limits.
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued an MCAI in the form of EASA AD No: 2006-0360-E, dated November 29, 2006, to correct an unsafe condition for these Italian-certificated products. The MCAI states:
Field reports have shown that the Agusta AB/AW139's Tailpipe Assembly is prone to cracks. To prevent any cracks from developing into failure of the exhaust tailpipe assembly * * * You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Agusta has issued Bollettino Tecnico No. 139-069, Revision A, dated November 8, 2006. 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 these same type designs.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the ADis clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.
We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in the "Differences Between the FAA AD and the MCAI'' section in the AD.
FAA's Determination of the Effective Date
An unsafe condition exists 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 the superseded AD was an Emergency AD, and because this AD continues the inspection requirements and adds the Model AW139 helicopters to the applicability as well as introduces repair procedures for certain cracks located outside the cowling that are within certain allowable limits established by Agusta Bollettino Tecnico No.139-069, Rev. A, dated November 8, 2006. 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 written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2007-0285; Directorate Identifier 2007-SW-15-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 , includingany personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
Costs of Compliance
We estimate that this AD will affect about 21 helicopters of U.S. registry. We also estimate that it will take about 1 work-hour to inspect a helicopter and 3 work-hours per helicopter to either repair or replace an exhaust tailpipe assembly. The average labor rate is $80 per work-hour. A replacement exhaust tailpipe assembly costs about $20,649 per helicopter. The repair does not require purchasing any parts other than consumable materials. In addition, we have assumed that 5 of the affected helicopters will require replacement of an exhaust tailpipe assembly. Based on these assumptions and figures, we estimate the cost of this AD on U.S. operators to be $106,125, or $1,680 per helicopter for the inspection and $20,889 in additional costs for the 5 helicopters requiring replacement of the exhaust tailpipe assembly.
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 removing Amendment 39-14747 (71 FR 51988, September 1, 2006) and adding the following new AD: