[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Proposed Rules]
[Pages 54381-54384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21357]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-80-AD]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Model 
206L, L-1, L-3 and L-4 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed superseding 
airworthiness directive (AD) for the specified Bell Helicopter Textron 
Canada (BHTC) helicopters. That proposal would have required inspecting 
the tailboom skins for a crack, replacing a cracked tailboom with a 
modified tailboom before further flight, and implementing a recurring 
inspection of the modified tailboom. That proposal was prompted by 
several reports of cracks found during mandatory inspections. This 
supplemental notice of proposed rulemaking (SNPRM) renews and revises 
the proposal by providing a terminating action, incorporating a more 
recent revision to the alert service bulletin (ASB), and increasing the 
compliance time for performing the inspections. The actions specified 
by this proposal are intended to detect a crack in the tailboom and to 
prevent separation of the tailboom from the helicopter and subsequent 
loss of control of the helicopter.

DATES: Comments must be received on or before September 23, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-80-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 
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, 
specified above, 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. 99-SW-80-AD.'' The postcard will be date 
stamped and returned to the commenter.

[[Page 54382]]

Discussion

    A proposal to amend 14 CFR part 39 to add an AD for certain BHTC 
helicopters was published as a Notice of Proposed Rulemaking (NPRM) in 
the Federal Register on April 19, 2000 (65 FR 20927). That NPRM 
proposed inspecting the tailboom skins for a crack; replacing any 
cracked tailboom with an airworthy modified tailboom; modifying the 
tailboom within the next 300 hours time-in-service (TIS); and 
inspecting the modified tailboom for a crack at intervals not to exceed 
1200 hours TIS. That NPRM was prompted by several reports of cracked 
tailbooms found during mandatory inspections. That condition, if not 
corrected, could result in separation of the tailboom from the 
helicopter and subsequent loss of control of the helicopter.
    Since issuing that NPRM, the FAA has received comments from two 
commenters, the manufacturer and an operator, requesting changes to the 
proposed actions. We have considered all these comments.
    Both commenters state that the proposed compliance time for 
modifying the tailboom within 300 hours TIS should be increased to 600 
hours TIS or no later than December 31, 2000, whichever occurs first, 
to coincide with the compliance times in the applicable ASB. The 
commenters state that changing the compliance time would give the 
manufacturer time to deliver the required secondary parts to modify the 
tailboom and eliminate considerable replanning by operators of their 
maintenance programs. Also, the commenters state that the repetitive 
inspections required before modifying the tailboom will ensure safety 
until the modification is done.
    The FAA agrees with the comments, however, the December 31, 2000, 
date has passed. Further, since publication of the NPRM, the 
manufacturer has revised their ASB and changed the compliance time to 
March 31, 2002. That date has also passed. Because of these delays, we 
have reevaluated the need for modifying the tailboom within 300 hours 
time-in-service (TIS). We now believe that a compliance time of 600 
hours TIS is sufficient to meet our safety objectives.
    One commenter states that the compliance time should change because 
a redesigned tailboom, part number (P/N) 206-033-004-181, is now 
manufactured with the required skin doubler hot-bonded in place. The 
FAA agrees and will add a statement in the proposal that installing an 
airworthy, redesigned tailboom, P/N 206-033-004-181, is terminating 
action for the requirements of the AD.
    Another commenter states that the AD should inform operators that 
modifying the tailboom in accordance with earlier versions of the 
referenced ASB is acceptable (the proposal referenced Revision D of 
BHTC ASB 206L-99-115). The FAA agrees because changes to the original 
ASB are minor and do not change or compromise the previous engineering 
approval. Therefore, the proposal will include a note stating that 
modifying the tailboom in accordance with earlier versions of the 
referenced ASB is acceptable.
    Finally, a commenter advised us that the phone and fax numbers 
listed for obtaining service information is incorrect; we have 
corrected those numbers in this proposal.
    Since these changes expand the scope of the originally proposed 
rule and the previous NPRM has been published for more than 2 years, 
the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.
    The FAA estimates that this proposed AD would affect 1546 
helicopters of U.S. registry. The FAA also estimates that this proposed 
AD would require 52 work hours to accomplish the proposed actions, an 
average labor rate of $60 per work hour, and $22,954 for parts. Based 
on these figures, the total cost impact of the proposed AD on U.S. 
operators is estimated to be $40,310,404, assuming all the tailbooms 
are 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 adding a new airworthiness directive 
to read as follows:

Bell Helicopter Textron Canada: Docket No. 99-SW-80-AD. Supersedes 
AD 99-13-12, Amendment 39-11207, Docket No. 99-SW-23-AD.

    Applicability: Model 206L helicopters, serial numbers (S/N) 
45004 through 45049, 45051 through 45153, and 46601 through 46617; 
Model 206L-1 helicopters, S/N 45154 through 45790; Model 206L-3 
helicopters, S/N 51001 through 51612; and Model 206L-4 helicopters, 
S/N 52001 through 52163, 52165 through 52212, and 52214 through 
52216, with tailboom, part number (P/N) 206-033-004-all dash 
numbers, except P/N 206-033-004-181, 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 (i) 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 detect a crack in the tailboom skin and to prevent separation 
of the tailboom from the helicopter and subsequent loss of control 
of the helicopter, accomplish the following:
    (a) Before further flight and thereafter at intervals not to 
exceed 10 hours time-in-service (TIS) until accomplishing a one-time 
fluorescent-penetrant inspection (FPI) required by paragraph (c)(2) 
of this AD, visually inspect for a crack in the tailboom using a 10-
power or higher magnifying glass in the shaded areas as depicted in 
Figure 1 of this AD:

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[GRAPHIC] [TIFF OMITTED] TP22AU02.000

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    (b) At intervals not to exceed 5 hours TIS, visually check for a 
crack in the tailboom in the shaded areas as depicted in Figure 1 of 
this AD. The visual check may be performed by an owner/operator 
(pilot) holding at least a private pilot certificate and must be 
entered into the helicopter records showing compliance with this 
paragraph in accordance with 14 CFR 43.11 and 91.417(a)(2)(v).
    (c) Within 50 hours TIS:
    (1) Remove all four horizontal stabilizer supports, P/N 206-023-
100-all dash numbers, from the tailboom and the horizontal 
stabilizer.
    (2) Perform a one-time FPI of the edges of the tailboom skins 
for any crack around the left and right horizontal stabilizer 
openings as shown in Figure 1 of this AD. Remove paint and primer to 
inspect the edges and exterior skin surface in the skin area at 
least \3/4\ inch around the edges of the horizontal stabilizer 
openings as shown in Figure 1 of this AD.
    (d) At intervals not to exceed 100 hours TIS after completing 
the FPI:
    (1) Remove all four horizontal stabilizer supports, P/N 206-023-
100-all dash numbers, from the tailboom and the horizontal 
stabilizer.
    (2) Visually inspect the entire edge of the horizontal 
stabilizer opening on both sides of the tailboom for any crack using 
a 10-power or higher magnifying glass.
    (e) Within 600 hours TIS, inspect and modify the tailboom in 
accordance with the Accomplishment Instructions, Parts I, II, and 
III of Bell Helicopter Textron Canada (BHTC) Alert Service Bulletin 
206L-99-115, Revision F, dated April 14, 2001 (ASB).
    (f) After modifying a tailboom in accordance with paragraph (e) 
of this AD or installing a tailboom modified in accordance with 
paragraph (e) of this AD, at intervals not to exceed 1200 hours TIS, 
inspect the modified tailboom in accordance with the Accomplishment 
Instructions, Part IV, of the ASB.
    (g) If a crack is found during any check or inspection required 
by this AD, before further flight, replace the cracked tailboom with 
an airworthy tailboom modified according to the requirements of 
paragraph (e) of this AD or with an airworthy tailboom, P/N 206-033-
004-181.

    Note 2: Modifying the tailboom in accordance with revisions 
before Revision F of BHTC ASB 206L-99-115 is acceptable for the 
modifications required by paragraph (e) of this AD.

    (h) Inspecting and modifying the tailboom in accordance with 
paragraph (e) of this AD is terminating action for the requirements 
of paragraphs (a) through (d) of this AD. Installing an airworthy 
tailboom, P/N 206-033-004-181, constitutes terminating action for 
the requirements of this AD.
    (i) 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (j) Special flight permits may be issued for a one-time flight, 
not to exceed 5 hours TIS and a maximum of one landing 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. The 
visual preflight check required by paragraph (b) of this AD must be 
accomplished before making a one-time flight.


    Note 4: The subject of this AD is addressed in Transport Canada 
(Canada) AD CF-98-42R3, dated February 17, 2000.


    Issued in Fort Worth, Texas, on August 13, 2002.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-21357 Filed 8-21-02; 8:45 am]
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