[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Proposed Rules]
[Pages 41841-41842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19744]


      
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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 147 / Monday, August 2, 1999 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-07-AD]


Airworthiness Directives; Bell Helicopter Textron Canada (BHTC) 
Model 407 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to BHTC Model 407 helicopters. This 
proposal would require visually inspecting the vertical fin (fin) for 
reduced skin thickness; repairing or replacing the fin, if necessary; 
and identifying fins that have been inspected or repaired. This 
proposal is prompted by a report of an inboard skin damaged during 
production. The actions specified by the proposed AD are intended to 
detect fin assemblies with reduced skin thickness which, if not 
corrected, reduce the strength of the skin, and could lead to failure 
of the fin and loss of control of the helicopter.

DATES: Comments must be received on or before October 1, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-07-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule 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, Room 663, Fort Worth, Texas.

FOR FURTHER INFORMATION CONTACT: Mike Kohner, Aerospace Engineer, FAA, 
Rotorcraft Directorate, Rotorcraft Certification Office, Fort Worth, 
Texas 76193-0170, telephone (817) 222-5447, fax (817) 222-5783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 99-SW-07-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-07-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

Discussion

    Transport Canada, which is the airworthiness authority for Canada, 
has notified the FAA that an unsafe condition may exist on BHTC Model 
407 helicopters. Transport Canada advises some fin assemblies may have 
a reduced skin thickness which decreases the strength of the fin. If 
not corrected, this situation can lead to cracking of the vertical fin 
assembly.
    BHTC has issued Bell Helicopter Textron Alert Service Bulletin No. 
407-98-17, Revision A, dated June 26, 1998, which specifies a visual 
inspection for certain fin assemblies. It also provides for the repair 
and fluorescent penetrant inspection of repaired fin assemblies. It 
further provides for marking the vertical fin to show it is in 
compliance with the service bulletin. Transport Canada classified this 
service bulletin as mandatory and issued AD No. CF-98-10R1, dated 
August 20, 1998, in order to assure the continued airworthiness of 
these helicopters in Canada.
    This helicopter model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, Transport Canada has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of Transport Canada, reviewed all available information, and 
determined that AD action is necessary for products of this type design 
that are certificated for operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other BHTC Model 407 helicopters of the same type 
design registered in the United States, the proposed AD would require 
visually inspecting certain serial-numbered fins, part number 206-020-
113-223A, -223B, or -223S, for reduced skin thickness; repairing or 
replacing the vertical fin, if necessary; and marking fins that have 
been inspected or repaired. This proposal is prompted by a report of an 
inboard skin damaged during production. The actions would be required 
to be accomplished in accordance with the service bulletin described 
previously.

Cost Impact

    The FAA estimates that 124 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 3.0 work 
hours to accomplish the visual

[[Page 41842]]

inspection; 4.0 work hours to accomplish the vertical fin replacement, 
and 0.5 work hour to mark the fin, and that the average labor rate is 
$60 per work hour. Required parts would cost approximately $18,770. 
Based on these figures, the total cost impact of the proposed AD on 
U.S. operators is estimated to be $19,220 per helicopter, or a total of 
$2,383,280 for the entire fleet, to accomplish all the actions 
including replacing the fin.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Bell Helicopter Textron Canada: Docket No. 99-SW-07-AD.

    Applicability: Model 407 helicopters, with vertical fin (fin) 
assembly, part number (P/N) 206-020-113-223A, -223B, or -223S, with 
a serial number with a prefix of ``BP'', up to and including 2266 
(except BP2260, BP2262, and BP2265), installed, certificated in any 
category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required within 100 hours time-in-service, unless 
accomplished previously.
    To detect fin assemblies with reduced skin thickness which, if 
not corrected, reduce the strength of the skin, and could lead to 
failure of the vertical fin (fin) and subsequent loss of control of 
the helicopter, accomplish the following:
    (a) Visually inspect the fin assembly for reduced skin 
thickness, indicated by notches, scratches, or grooves on the skin, 
in accordance with Part I of the Accomplishment Instructions 
contained in Bell Helicopter Textron Alert Service Bulletin No. 407-
98-17, Revision A, dated June 26, 1998 (ASB). If notches, scratches, 
or grooves are found, repair or replace the fin assembly in 
accordance with Part II of the Accomplishment Instructions contained 
in the ASB .
    (b) Identify any fin that has been inspected or repaired in 
accordance with Part III of the Accomplishment Instructions in the 
ASB.
    (c) 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, 
Rotorcraft Directorate, FAA. Operators shall submit their requests 
through a 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.

    (d) 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.

    Note 3: The subject of this AD is addressed in Transport Canada 
(Canada) AD No. CF-98-10R1, dated August 20, 1998.

    Issued in Fort Worth, Texas, on July 26, 1999.
Henry A. Armstrong,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-19744 Filed 7-30-99; 8:45 am]
BILLING CODE 4910-13-U