[Federal Register Volume 64, Number 219 (Monday, November 15, 1999)]
[Rules and Regulations]
[Pages 61784-61785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29610]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-48-AD; Amendment 39-11414; AD 99-23-18]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Model 
407 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) 
applicable to Bell Helicopter Textron Canada (BHTC) Model 407 
helicopters. This action requires, before further flight, revising the 
life limits for certain parts and replacing each part that has exceeded 
its life limit. The AD also requires revising the applicable component 
history cards or equivalent records and the Airworthiness Limitations 
Schedule of the BHTC Model 407 maintenance manual to reflect these new 
life limits. This amendment is prompted by an engineering evaluation of 
additional flight test data, which resulted in redefining the service 
life for certain parts and revising the Airworthiness Limitations 
Schedule. The actions specified in this AD are intended to prevent a 
fatigue failure of certain parts that may have exceeded revised life 
limits and subsequent loss of control of the helicopter.

DATES: Effective November 30, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before January 14, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-48-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Shep Blackman, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5296, fax (817) 
222-5961.

SUPPLEMENTARY INFORMATION: Transport Canada, the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on BHTC Model 407 helicopters. Transport Canada advises that a 
recent engineering evaluation has led to changes in the airworthiness 
limitations of certain helicopter parts to account for repeated torque 
events in terms of the Retirement Index Number (RIN) or time-in-
service.
    BHTC has issued Alert Service Bulletin 407-98-22, dated December 
10, 1998 (ASB), which specifies changes to the Airworthiness 
Limitations Schedule for certain parts to reflect the maximum life 
expressed in hours or by Retirement Index Numbers (RIN). Transport 
Canada classified this ASB as mandatory and issued Transport Canada AD 
CF-99-04, dated February 24, 1999, to ensure 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 407 helicopters of the same type 
design registered in the United States, this AD is being issued to 
prevent a fatigue failure of certain parts that may have exceeded 
revised life limits. This AD requires, before further flight, 
establishing new life limits for certain parts and replacing each part 
that has exceeded its life limit. The AD also requires updating the 
component history cards or equivalent records for these parts. The 
short compliance time involved is required because the previously 
described critical unsafe condition could result in loss of control of 
the helicopter. Therefore, establishing a new life limit for certain 
parts and replacing each part that has exceeded its life limit is 
required prior to further flight 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.
    The FAA estimates that 220 helicopters will be affected by this AD, 
that it will take approximately 21 work hours to replace all affected 
parts, and that the average labor rate is $60 per work hour. Required 
parts will cost approximately $39,109 per helicopter. Based on these 
figures, the total cost impact of the AD on U.S. operators is estimated 
to be $8,881,180.

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

[[Page 61785]]

submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 99-SW-48-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, 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 99-23-18  Bell Helicopter Textron Canada: Amendment 39-11414. 
Docket No. 99-SW-48-AD.

    Applicability: Model 407 helicopters, 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: Prior to further flight, unless accomplished 
previously.
    To prevent a fatigue failure of certain parts that may have 
exceeded revised life limits and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Remove and replace with an airworthy part any of the 
following parts that exceed their revised life limits. Annotate the 
component history card or equivalent record with the revised life 
limits.

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                 Part                        Part No.           Former life limit          Revised life limit
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Drive ring set........................     406-010-126-107  49,000 RIN...............  48,000 RIN.
Main rotor mast.......................     407-040-038-101  5,000 hours TIS or 25,000  5,000 hours TIS or 18,000
                                                             RIN.                       RIN.
Left-hand pylon side beam.............     407-010-201-101  1,000 hours TIS..........  1,000 hours TIS or 5,500
                                                                                        RIN.
Right-hand pylon side beam............     407-010-203-101  1,000 hours TIS..........  1,000 hours TIS or 5,500
                                                                                        RIN.
Pylon restraint spring................     407-010-206-103  On-condition.............  5,000 hours TIS.
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    Note 2: Bell Helicopter Textron Canada (BHTC) Alert Service 
Bulletin 407-98-22, dated December 10, 1998, and Revision 9 to 
Chapter 4 of the Maintenance Manual BHT-407-MM-1 dated November 30, 
1998, pertain to the subject of this AD.

    (b) Revise the Airworthiness Limitations Schedule of the BHTC 
Model 407 maintenance manual by establishing or revising the 
retirement life for the parts as shown in paragraph (a).
    (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, Regulations Group, FAA, Rotorcraft 
Directorate. Operators shall submit their requests through an FAA 
Principal Maintenance Inspector, who may concur or comment and then 
send it to the Manager, Regulations Group.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (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.
    (e) This amendment becomes effective on November 30, 1999.

    Note 4: The subject of this AD is addressed in Transport Canada 
AD CF-99-04, dated February 24, 1999.

    Issued in Fort Worth, Texas, on November 3, 1999.
Henry A. Armstrong,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-29610 Filed 11-12-99; 8:45 am]
BILLING CODE 4910-13-U