AD 2002-13-05 R1

Effective February 25, 2003.

John Cecil, Aviation Safety Engineer, FAA, Los Angeles Aircraft Certification Office, Airframe Branch, 3960 Paramount Blvd., Lakewood, California 90712-4137, telephone (562) 627-5228, fax (562) 627-5210.

A proposal to amend 14 CFR part 39 by revising AD 2002-13-05, Amendment 39-12793 (67 FR 43227, June 27, 2002), for the specified MDHI model helicopters with a tailboom modified according to either Aerometals STC SH5055NM or SH4801NM, was published in the Federal Register on September 24, 2002 (67 FR 185).

Before issuing AD 2002-13-05, the FAA solicited comments by a Notice of Proposed Rulemaking, published in the Federal Register on December 27, 2001 (66 FR 66821). A commenter stated that the applicability of the AD should be limited to certain part-numbered tailbooms with serial number (S/N) 5001-5032 specified in the FAA-approved Aerometals service bulletin. We did not agree with the commenter and, except for minor editorial changes, issued the AD as proposed (67 FR 43227, June 27, 2002). Since issuing AD 2002-13-05, we have determined that we inappropriately responded to the comment and that the commenter's concern was valid. We are now reducing the applicability of AD 2002-13-05 to include only certain tailboom S/N's and parts that are modified in accordance with either STC SH5055NM or SH4801NM. We are also correcting the P/N for the washer to P/N AN960D416 in Figure 1 of this AD and clarifying that a slippage mark needs to be reapplied to each bolt regardless of the outcome of the required torque test.

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.

The FAA estimates that this AD will affect 500 helicopters of U.S. registry. Also, the FAA estimates this AD will require 1/2 work hour per helicopter to determine whether a helicopter has been modified by either STC and 1 work hour to inspect and replace the bolts for each of approximately 40 helicopters modified by the STC's. The average labor rate is $60 per work hour. Required parts will cost approximately $40 per helicopter. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $19,000.

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 FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas.

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:

1. The authority citation for part 39 continues to read as follows:

2. Section 39.13 is amended by removing Amendment 39-12793 (67 FR 43227, June 27, 2002), and by adding a new airworthiness directive to read as follows: