[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Rules and Regulations]
[Pages 16804-16808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7552]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-75-AD; Amendment 39-11651; AD 2000-06-10]
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 preflight checking and repetitively 
inspecting the tail boom for a crack and replacing the tail boom if a 
crack is found. This amendment is prompted by four reports of cracks on 
the tail boom in the area of the horizontal stabilizer. The actions 
specified in this AD are intended to prevent separation of the tail 
boom and subsequent loss of control of the helicopter.

DATES: Effective April 14, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 14, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before May 30, 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-75-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, 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: Sharon Miles, Aerospace Engineer, FAA, 
Rotorcraft Directorate, Regulations Group, 2601 Meacham Blvd., Fort 
Worth, Texas 76137, telephone (817) 222-5122, fax (817) 222-5961.

[[Page 16805]]


SUPPLEMENTARY INFORMATION: Transport Canada, the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on the BHTC Model 407 helicopters. Transport Canada advises that 
there have been several reports of cracks to the tail boom skin in the 
area of the horizontal stabilizer.
    BHTC has issued Alert Service Bulletin 407-99-26, dated April 13, 
1999 (ASB), which specifies a preflight check of the left-side of the 
tail boom before the next flight and before the first flight of every 
day thereafter. The ASB also specifies within the next 25 hours time-
in-service (TIS) and thereafter every 50 hours inspecting any tail boom 
that has accumulated 600 or more hours TIS for a crack and replacing 
any cracked tail boom before further flight. Transport Canada 
classified this ASB as mandatory and issued AD CF-99-17, dated June 14, 
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 separation of the tail boom and subsequent loss of control of 
the helicopter. This AD requires a preflight check of the tail boom 
before further flight and thereafter before the first flight of each 
day. This AD also requires within 25 hours TIS and thereafter at 
intervals not to exceed 50 hours TIS, inspecting any tail boom that has 
accumulated 600 or more hours TIS for a crack with a 10X or higher 
magnifying glass and replacing any cracked tail boom with an airworthy 
tail boom before further flight. The actions are required to be 
accomplished in accordance with the ASB described previously. The short 
compliance time involved is required because the previously described 
critical unsafe condition can adversely affect the controllability and 
structural integrity of the helicopter. Therefore, checking the tail 
boom for a crack is required prior to further flight and this AD must 
be issued immediately.
    An owner/operator (pilot) may perform the visual check required by 
this AD but must enter compliance with this AD in the aircraft records 
in accordance with 14 CFR 43.11 and 91.417(a)(2)(v)). This AD allows a 
pilot to perform this check because it involves only a visual check for 
a crack in the tail boom and can be performed equally well by a pilot 
or a mechanic.
    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 200 helicopters will be affected by this AD, 
that it will take approximately 4 work hours to accomplish the 
inspections, and that the average labor rate is $60 per work hour. 
Based on these figures, the total cost impact of the AD on U.S. 
operators is estimated to be $48,000 assuming no tail boom will be 
replaced.

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. 99-SW-75-AD.'' The postcard will be date stamped and 
returned to the commenter.
    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.
    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 2000-06-10  Bell Helicopter Textron Canada: Amendment 39-11651. 
Docket No. 99-SW-75-AD.

    Applicability: Model 407 helicopters, serial numbers 53000 
through 53003, 53005 and higher, certificated in any category.


[[Page 16806]]


    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 (d) 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 separation of the tail boom and subsequent loss of 
control of the helicopter, accomplish the following:

    (a) Before further flight and thereafter before the first flight 
of each day, check the left side of the tail boom for a crack in the 
areas shown in Figure 1. If a crack is found, replace the tail boom 
with an airworthy tail boom before further flight.

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[GRAPHIC] [TIFF OMITTED] TR30MR00.004

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    (b) An owner/operator (pilot) holding at least a private pilot 
certificate may perform the visual check required by paragraph (a) 
but must enter compliance with paragraph (a) into the aircraft 
records in accordance with 14 CFR 43.11 and 91.417(a)(2)(v)).
    (c) Within 25 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 50 hours TIS, visually inspect any tail boom 
with 600 or more hours TIS for a crack using a 10X or higher 
magnifying glass, in accordance with the Accomplishment 
Instructions, Part II, of Bell Helicopter Textron Canada Alert 
Service Bulletin 407-99-26, dated April 13, 1999, except that you 
are not required to contact Bell Helicopter Product Support 
Engineering. If a crack is found, replace the tail boom with an 
airworthy tail boom before further flight.
    (d) 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, 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, Regulations Group.


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


    (e) 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.
    (f) The inspection of the tail boom shall be done in accordance 
with the Accomplishment Instructions, Part II, of Bell Helicopter 
Textron Canada Alert Service Bulletin 407-99-26, dated April 13, 
1999. 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, Room 663, Fort Worth, 
Texas, or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.
    (g) This amendment becomes effective on April 14, 2000.


    Note 3: The subject of this AD is addressed in Transport Canada 
(Canada) AD CF-99-17, dated June 14, 1999.


    Issued in Fort Worth, Texas, on March 21, 2000.
Henry A. Armstrong,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 00-7552 Filed 3-29-00; 8:45 am]
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