[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Proposed Rules]
[Pages 4685-4689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2427]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-53-AD]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Model 
407 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes superseding an existing airworthiness 
directive (AD) for Bell Helicopter Textron Canada (BHTC) Model 407 
helicopters. That AD currently requires preflight checking and 
repetitively inspecting the tailboom for a crack and replacing the 
tailboom if a crack is found. This action would require increasing the 
area of inspection for certain tailbooms and changing the applicability 
to restrict the inspection requirements to certain tailbooms that have 
not been redesigned. This proposal is prompted by cracking discovered 
in other areas of certain tailbooms and introduction of a redesigned 
tailboom with a chemically milled skin, which does not require the 
current inspections. The actions specified by the proposed AD are 
intended to remove certain tailbooms from the applicability and to 
increase the inspection requirements for certain tailbooms to prevent 
separation of the tailboom and subsequent loss of control of the 
helicopter.

DATES: Comments must be received on or before April 1, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-53-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: [email protected]. 
Comments may be inspected at the Office of the Regional Counsel between

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9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, 
Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-5961.

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 will 
be considered before taking action on the proposed rule. The proposals 
contained in this document 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 mailed 
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2001-SW-53-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. 2001-SW-53-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137.

Discussion

    On March 21, 2000, the FAA issued AD 2000-06-10, Amendment 39-11651 
(65 FR 16804, March 30, 2000), to require preflight checking and 
repetitively inspecting the tailboom for a crack and replacing the 
tailboom if a crack is found. That action was prompted by four reports 
of cracks on the tailboom in the area of the horizontal stabilizer. The 
requirements of that AD are intended to prevent separation of the 
tailboom and subsequent loss of control of the helicopter.
    Since the issuance of AD 2000-06-10, BHTC has issued Alert Service 
Bulletin ASB 407-99-26, Revision B, dated June 14, 2001 (ASB), to 
announce the release of an improved design tailboom assembly, P/N 407-
030-801-201, that has been installed on BHTC Model 407 helicopters, 
serial number (S/N) 53476 and subsequent. The ASB states that these 
redesigned tailboom assemblies do not need the recurring inspection. 
For affected tailbooms, the ASB specifies extending the visual 
inspection to the area near certain fasteners on the left side of the 
tailboom forward of the horizontal stabilizer. Transport Canada, the 
airworthiness authority for Canada, classified this ASB as mandatory 
and issued AD CF-1999-17R1, dated July 24, 2001, 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 
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to this 
bilateral 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.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type design. Therefore, the proposed AD would 
supersede AD 2000-06-10 to contain the same requirements but would 
increase the areas of inspection for the tailbooms and would reduce the 
applicability to restrict the inspections to certain tailbooms. 
Installing a redesigned tailboom, P/N 407-030-801-201, would constitute 
terminating action for the requirements of this AD. An owner/operator 
(pilot) holding at least a private pilot certificate may perform the 
visual check required by paragraph (a) of this AD but must enter 
compliance with that paragraph into the helicopter records in 
accordance with 14 CFR 43.11 and 91.417(a)(2)(v). A pilot can perform 
this check because it involves only a visual check for a crack in the 
tailboom and is a part of a normal pilot preflight check.
    The FAA estimates that 200 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 5 hours 
for initial and recurring inspections per helicopter, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
total cost impact of the proposed AD on U.S. operators is estimated to 
be $60,000 assuming no tailboom will be replaced.
    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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 removing Amendment 39-11651 (65 FR 
16804, March 30, 2000), and by adding a new airworthiness directive 
(AD), to read as follows:

Bell Helicopter Textron Canada: Docket No. 2001-SW-53-AD. Supersedes 
AD 2000-06-10, Amendment 39-11651, Docket No. 99-SW-75-AD.
    Applicability: Model 407 helicopters, serial number (S/N) 53000 
through 53475 with tailboom, part number (P/N) 407-030-801-101, -
105, or -107, installed, certificated in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability

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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 tailboom 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 tailboom for a crack in accordance with 
Figure 1 of this AD. If a crack is found, remove the tailboom before 
further flight. An owner/operator (pilot) holding at least a private 
pilot certificate may perform the visual check required by this 
paragraph but must enter compliance with this paragraph into the 
helicopter records in accordance with 14 CFR 43.11 and 
91.417(a)(2)(v). A pilot can perform this check because it involves 
only a visual check for a crack in the tailboom and is a part of a 
normal pilot preflight check.
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    (b) Within 25 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 50 hours TIS, visually inspect any tailboom 
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 Alert Service Bulletin ASB 407-
99-26, Revision B, dated June 14, 2001, except you are not required 
to contact Bell Helicopter Product Support Engineering. If a crack 
is found, remove the tailboom before further flight.
    (c) Installing a tailboom, P/N 407-030-801-201, is terminating 
action for the requirements of this AD.
    (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 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 
AD CF-1999-17R1, dated July 24, 2001.



    Issued in Fort Worth, Texas, on January 17, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-2427 Filed 1-30-02; 8:45 am]
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