[Federal Register Volume 64, Number 213 (Thursday, November 4, 1999)]
[Rules and Regulations]
[Pages 60102-60104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28652]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-SW-50-AD; Amendment 39-11399; AD 99-23-03]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Model 
430 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to Bell Helicopter Textron Canada (BHTC) Model 430 
helicopters. This action requires verifying the torque on each vertical 
fin attachment bolt (bolt); modifying the vertical fin and tailboom and 
replacing the attachment hardware; and re-verifying the torque on the 
bolts after inspecting the fittings. This amendment is prompted by a 
report of a loose vertical fin, which was discovered during a post-
flight inspection. The actions specified in this AD are intended to 
prevent loss of torque of the bolts, which could lead to fracture of 
the bolts, separation of the vertical fin from the helicopter, and 
subsequent loss of control of the helicopter.

DATES: Effective November 19, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 19, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before January 3, 2000.


[[Page 60103]]


ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 98-SW-50-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.
    The service information referenced in this AD 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 76137; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aerospace Engineer, 
Rotorcraft Standards Staff, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5122, fax (817) 
222-5961.

SUPPLEMENTARY INFORMATION: Transport Canada, which is the airworthiness 
authority for Canada, has notified the FAA that an unsafe condition may 
exist on BHTC Model 430 helicopters. Transport Canada advises that, in 
one instance, loss of torque on the bolts resulted in fracture of four 
of the eight bolts and a loose vertical fin on a Model 230 helicopter 
which is of similar design to the Model 430 series helicopters.
    BHTC has issued Bell Helicopter Textron Alert Service Bulletin No. 
430-98-5, dated June 12, 1998 (ASB), which specifies a bolt torque 
check within 25 hours after receipt of the ASB; removal, inspection, 
and installation of the tailboom and vertical fin modification with 
attaching hardware replacement at the next scheduled 150-hour 
inspection after receipt of the ASB; and verifying the bolt torque 
within 5 to 10 hours after each fin removal and installation, and at 
every 150 hours of operation. Transport Canada classified this ASB as 
mandatory and issued AD CF-98-23, dated August 7, 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 
section 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 430 helicopters of the same type 
design registered in the United States, this AD is being issued to 
prevent loss of torque of the bolts, which could lead to fracture of 
the bolts, separation of the vertical fin from the helicopter, and 
subsequent loss of control of the helicopter. This AD requires 
verifying the bolt torque within 25 hours time-in-service (TIS); 
modifying the vertical fin and tailboom fittings and replacing the 
attachment hardware at or before the next 150-hour TIS inspection; and 
re-verifying the torque on the bolts within 10 hours TIS after 
inspecting the vertical fin. The actions are required to be 
accomplished in accordance with the bulletin described previously. The 
short compliance time involved is required because the previously 
described critical unsafe condition can adversely affect the structural 
integrity of the helicopter. Therefore, verifying the torque is 
required within 25 hours time-in-service (TIS), and this AD must be 
issued immediately.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Cost Impact

    The FAA estimates that 14 helicopters will be affected by this AD, 
that it will take approximately 3 work hours to accomplish the initial 
torque verifications and vertical fin inspection, 12 work hours to 
modify the vertical fin and install the attachment hardware, 1 work 
hour to accomplish the repetitive torque verification after the 
modification, and 1 work hour to accomplish each 150-hour inspection, 
and that the average labor rate is $60 per work hour. Required parts 
will cost approximately $1,692 if the CA430-98-5-2 kit is used or 
$2,399 if the CA430-98-05-1 kit is used. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$47,866, assuming only the CA430-98-05-1 kit is installed and one 
repetitive 150-hour inspection on each helicopter.

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-50-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    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

[[Page 60104]]

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 99-23-03  Bell Helicopter Textron Canada: Amendment 39-11399. 
Docket No. 98-SW-50-AD.

    Applicability: Model 430 helicopters, serial numbers 49001 
through 49036, 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 request approval for an 
alternative method of compliance in accordance with paragraph (e) 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 as indicated, unless accomplished 
previously.
    To prevent loss of torque of the vertical fin attachment bolts 
(bolts), which could lead to fracture of the bolts, separation of 
the vertical fin from the helicopter, and subsequent loss of control 
of the helicopter accomplish the following:
    (a) Within 25 hours time-in-service (TIS), verify the torque on 
the bolts in accordance with Part I of the Accomplishment 
Instructions in Bell Helicopter Textron Alert Service Bulletin No. 
430-98-5, dated June 12, 1998 (ASB).
    (b) On or before the next scheduled 150-hour TIS inspection, 
modify the tailboom and vertical fin and replace the attachment 
hardware in accordance with Part II of the Accomplishment 
Instructions in the ASB.
    (c) After accomplishing the modification required by paragraph 
(b) and after at least 5 hours TIS but within 10 hours TIS, verify 
the torque on the bolts in accordance with Part III of the 
Accomplishment Instructions in the ASB.
    (d) Thereafter, at intervals not to exceed 150 hours TIS, verify 
the torque of the vertical fin attachment bolts in accordance with 
the 150 flight hour scheduled inspections, Part III, of the 
Accomplishment Instructions in the ASB.
    (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 Standards Staff, 
Rotorcraft Directorate, 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 Standards Staff.

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

    (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 inspections shall be done in accordance with Bell 
Helicopter Textron Canada Alert Service Bulletin No. 430-98-5, 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 November 19, 1999.

    Note 3: The subject of this AD is addressed in Transport Canada 
(Canada) AD CF-98-23, dated August 7, 1998.

    Issued in Fort Worth, Texas, on October 26, 1999.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-28652 Filed 11-3-99; 8:45 am]
BILLING CODE 4910-13-P