A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that is applicable to Eurocopter Model AS 365 N3 and EC 155B helicopters was published in the Federal Register on October 2, 2002 (67 FR 61843). That action proposed to require replacing the affected control rod every 300 hours time-in-service (TIS). However, before the final rule was published, the manufacturer made available a redesigned control rod to replace the affected control rod and issued new service information. Therefore, since we decided to require replacing the affected control rod with the redesigned control rod, we reopened the comment period by publishing a supplemental notice of proposed rulemaking on April 1, 2003 (68 FR 15687). That action proposed to require removing the control rod, P/N 365A33-6161-21, and replacing it with a reinforced steel control rod, P/N 365A33-6214-20.
The Direction Generale De L'Aviation Civile (DGAC), the airworthiness authority for France, notified the FAA that an unsafe condition may exist on Eurocopter Model AS 365 N and Model EC 155B helicopters. The DGAC advises that a control rod failure occurred on a prototype aircraft and mandates removing control rod, P/N 365A33-6161- 21, at certain times depending on the number of helicopter flight hours, and replacing it with a reinforced steel control rod, P/N 365A33-6214-20.
Eurocopter has issued Alert Telex No. 04A005 for Model EC 155B helicopters, and Alert Telex No. 01.00.55 for Model AS 365 N3 helicopters, both dated July 4, 2002. The alert telexes specify removing the control rod, P/N 365A33-6161-21, and replacing it with a reinforced steel control rod, P/N 365A33-6214-20. The DGAC classified these alert telexes as mandatory and issued AD No. 2002-472-057(A) for Model AS 365 N3 helicopters, and AD No. 2002-473-006(A) for Model EC 155B helicopters to ensure the continued airworthiness of these helicopters in France. Both AD's are dated September 18, 2002.
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 the adoption of the rule as proposed.
On July 10, 2002, the FAA issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's AD system. The regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. However, for clarity and consistency in this final rule, we have retained the language of the NPRM regarding that material.
The FAA estimates that 3 helicopters of U.S. registry will be affected by this AD, that it will take approximately 2 work hours per helicopter to remove and replace the control rod, and that the average labor rate is $60 per work hour. Required parts will cost approximately $2,677. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $8,391.
The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is not a "significant regulatory action" under Executive Order 12866; (2) is not a "significant rule" under 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas.
List of Subjects in 14 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 adding a new airworthiness directive to read as follows: