[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Rules and Regulations]
[Pages 2819-2821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-909]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-SW-68-AD; Amendment 39-10998; AD 98-24-31]


Airworthiness Directives; Bell Helicopter Textron Canada (BHTC) 
Model 430 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 98-24-31, which was sent 
previously to all known U.S. owners and operators of BHTC Model 430 
helicopters by individual letters. This AD requires, within 10 hours 
time-in-service (TIS), inspecting the lateral control tube (control 
tube) assembly and the forward fairing assembly for chafing. If chafing 
is found, replace the control tube assembly and rework the forward 
fairing assembly before further flight. If no chafing is found during 
the initial inspection, perform the corrective actions within the next 
150 hours TIS. This amendment is prompted by two incidents of binding 
of the control tube assembly that occurred during flight. The actions 
specified by this AD are intended to prevent binding of the control 
tube assembly with the inside surface of the forward fairing assembly 
under certain load conditions and subsequent loss of control of the 
helicopter.

DATES: Effective February 3, 1999, to all persons except those persons 
to whom it was made immediately effective by priority letter AD 98-24-
31, issued on November 19, 1998, which contained the requirements of 
this amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 3, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before March 22, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 98-SW-68-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.
    The applicable service information may be obtained from Bell 
Helicopter Textron Canada, 12,800 Rue de l'Avenir, Mirabel, Quebec 
JON1LO, telephone (800) 463-3036, fax (514) 433-0272. This information 
may be examined at the FAA, Office of the Regional Counsel, Southwest 
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mike Kohner, Aerospace Engineer, FAA, 
Rotorcraft Directorate, Rotorcraft Certification Office, ASW-170, 2601 
Meacham Blvd., Fort Worth, Texas, 76137, telephone (817) 222-5447, fax 
(817) 222-5783.

SUPPLEMENTARY INFORMATION: On November 19, 1998, the FAA issued 
priority letter AD 98-24-31, applicable to BHTC Model 430 helicopters, 
which requires, within 10 hours TIS, inspecting the control tube 
assembly and the forward fairing assembly for chafing. If chafing is 
found, the AD requires replacing the control tube assembly and 
reworking the forward fairing assembly before further flight. If no 
chafing is found during the initial inspection, the AD requires the 
corrective actions be accomplished within the next 150 hours TIS. 
Replacing the control tube assembly and reworking the forward fairing 
assembly as prescribed in this AD constitute terminating action for the 
requirements of this AD. That action was prompted by two incidents of 
binding of the control tube assembly that occurred during flight. This 
condition, if not corrected, could result in binding of the control 
tube assembly with the inside surface of the forward fairing assembly 
under certain load conditions and subsequent loss of control of the 
helicopter.
    The FAA has reviewed Bell Helicopter Textron Alert Service Bulletin 
No. 430-98-6, dated June 12, 1998, which describes procedures for 
replacing the control tube assembly and reworking the forward fairing 
assembly. Additionally, Transport Canada, which is the Airworthiness 
Authority for Canada, has issued AD CF-98-29, dated August 31, 1998, to 
mandate these actions.
    Since the unsafe condition described is likely to exist or develop 
on other BHTC Model 430 helicopters of the same type design, the FAA 
issued priority letter AD 98-24-31 to prevent binding of the control 
tube assembly with the inside surface of the forward fairing assembly 
under certain load conditions and subsequent loss of control of the 
helicopter. The AD requires, within 10 hours TIS, inspecting the 
control tube assembly, part number (P/N) 430-001-018-101, and the 
forward fairing assembly, P/N 430-061-822-101, for chafing between the 
inner surface of the forward fairing assembly and the top surface of 
the control tube assembly. If chafing is found, replacing the control 
tube assembly with an airworthy control tube assembly, P/N 430-001-018-
113, and reworking the forward fairing assembly is required before 
further flight. If no chafing is found during the initial inspection, 
these corrective actions are required within the next 150 hours TIS. 
Replacing the control tube assembly and reworking the forward fairing 
assembly as prescribed in this AD constitute terminating action for the 
requirements

[[Page 2820]]

of this AD. The actions are required to be accomplished in accordance 
with the service bulletin described previously. The short compliance 
time involved is required because the previously described critical 
unsafe condition can adversely affect the controllability of the 
helicopter. Therefore, inspecting the control tube assembly and the 
forward fairing assembly for chafing is required within 10 hours TIS, 
and this AD must be issued immediately.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on November 19, 1998, to all known U.S. owners and operators of 
BHTC Model 430 helicopters. These conditions still exist, and the AD is 
hereby published in the Federal Register as an amendment to section 
39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it 
effective to all persons.
    The FAA estimates that 12 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 12 work hours per 
helicopter to accomplish the required actions, and that the average 
labor rate is $60 per work hour. Required parts will cost approximately 
$1,870 per helicopter. Based on these figures, the total cost impact of 
the AD on U.S. operators is estimated to be $31,080, assuming the 
control tube assembly is replaced in the entire U.S. fleet.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket Number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-SW-68-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

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 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:

AD 98-24-31  Bell Helicopter Textron Canada: Amendment 39-10998. 
Docket No. 98-SW-68-AD.

    Applicability: Model 430 helicopters, serial numbers 49001 
through 49018, 49020 through 49036, and 49038, certificated in any 
category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (e) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition, or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any helicopter from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent binding of the lateral control tube (control tube) 
assembly with the inside surface of the forward fairing assembly 
under certain load conditions and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Within 10 hours time-in-service (TIS), inspect for chafing 
between the inner surface of the forward fairing assembly, part 
number (P/N) 430-061-822-101, and the top surface of the control 
tube assembly, P/N 430-001-018-101.
    (b) If any chafing is found, prior to further flight, replace 
the control tube assembly with an airworthy control tube assembly, 
P/N 430-001-018-113, and rework the forward fairing assembly, P/N 
430-061-822-101. This reworking and replacing must be accomplished 
in accordance with Part II of the Accomplishment Instructions of 
Bell Helicopter Textron Alert Service Bulletin No. 430-98-6, dated 
June 12, 1998 (ASB), except that contact with PSE is not required.
    (c) If no chafing is found during the inspection in paragraph 
(a), within the next 150 hours TIS, replace the control tube 
assembly with an airworthy control tube assembly, P/N 430-001-018-
113, and rework the forward fairing assembly in accordance with Part 
II of the Accomplishment Instructions of the ASB.
    (d) Replacing the control tube assembly, P/N 430-001-018-101, 
with an airworthy control tube assembly, P/N 430-001-018-113, and 
reworking the forward fairing assembly as prescribed by this AD 
constitute terminating action for the requirements of this AD.

[[Page 2821]]

    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Rotorcraft Certification Office, 
FAA. Operators shall submit their requests through an FAA Principal 
Maintenance Inspector, who may concur or comment and then send it to 
the Manager, Rotorcraft Certification Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Rotorcraft Certification Office.

    (f) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the helicopter to a location where 
the requirements of this AD can be accomplished.
    (g) The replacing of the control tube assembly and the reworking 
of the forward fairing assembly shall be done in accordance with 
Bell Helicopter Textron Alert Service Bulletin No. 430-98-6, dated 
June 12, 1998. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from Bell Helicopter 
Textron Canada, 12,800 Rue de l'Avenir, Mirabel, Quebec JON1LO, 
telephone (800) 463-3036, fax (514) 433-0272. Copies may be 
inspected at the FAA, Office of the Regional Counsel, Southwest 
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (h) This amendment becomes effective on February 3, 1999, to all 
persons except those persons to whom it was made immediately 
effective by Priority Letter AD 98-24-31, issued November 19, 1998, 
which contained the requirements of this amendment.

    Note 3: The subject of this AD is addressed in Transport Canada 
(Canada) AD CF-98-29, dated August 31, 1998.

    Issued in Fort Worth, Texas, on January 7, 1999.
Henry A. Armstrong,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-909 Filed 1-15-99; 8:45 am]
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