A proposal to amend 14 CFR part 39 by superseding AD 98-08-14, Amendment 39-10463 (63 FR 17676, April 10, 1998), for the specified ECF model helicopters was published in the Federal Register on December 5, 2005 (70 FR 72409). The action proposed to require adding the Model SA-366G1 helicopter to the applicability because this model may contain an affected diagonal cross-member, part number (P/N) 365A38-3023-22, -23 or -24. Also, the action proposed more frequent inspections of the diagonal cross-member.
The Direction Generale De L'Aviation Civile (DGAC), the airworthiness authority for France, notified the FAA that an unsafe condition may exist on ECF Model AS-365N, N1, N2, and SA 366 G1 helicopters. The DGAC advises of the discovery of a crack in a diagonal cross-member of the ECF Model SA 366 G1 helicopter.
ECF has issued Service Bulletin (SB) No. 05.00.37, dated May 29, 1997, for Model AS-365N, N1, and N2 helicopters. The SB specifies a periodicinspection for a crack or failure of a central branch of the MGB suspension strut pre-MOD 0763B80. ECF has also issued Alert Service Bulletin (ASB) No. 05.25, dated June 19, 2002. The ASB specifies checking the center portion of the MGB suspension cross-bar for Model AS-366G1 helicopters, with a crossbar, P/N 365A38-3023-22, -23, or -24, installed. The DGAC classified these service bulletins as mandatory and issued ADs 2003-241(A) and 1997-093-041(A) R2, both dated June 25, 2003, 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. Pursuant to the applicable bilateral agreement, the DGAC has kept the FAA informed of the situation described above. The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of these type designs 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 have expanded the contact address in paragraph (b) in the body of the AD to provide more information to the public. This change will neither increase the economic burden on any operator nor increase the scope of this AD.
We estimate that this AD will affect 133 helicopters of U.S. registry, and will:
Take about 1 work hour to inspect the diagonal cross- member,
Take about 10 work hours to replace the diagonal cross- member, if necessary, at an average labor rate of $65 per work hour, and
Cost about $6,600 to replace the part.
Based on these figures, we estimate the totalcost impact of the AD on U.S. operators to be $139,990, assuming 12 inspections per year per helicopter, and assuming 5 helicopters require replacing the diagonal cross-member.
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 DMS 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 in14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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 removing Amendment 39-10463 (63 FR 17676, April 10, 1998), and by adding a new airworthiness directive (AD), Amendment 39-14510, to read as follows: