[Federal Register Volume 67, Number 172 (Thursday, September 5, 2002)]
[Rules and Regulations]
[Pages 56747-56748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22174]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 172 / Thursday, September 5, 2002 / 
Rules and Regulations  

[[Page 56747]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-03-AD; Amendment 39-12868; AD 2002-17-03]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron, a Division of 
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) for 
Bell Helicopter Textron, A Division of Textron Canada (BHT), Model 407 
helicopters. This action requires a fuel filler cap assembly shimming 
and electrical bonding procedure. This amendment is prompted by the 
FAA's determination, based on information from the manufacturer, that 
electrical bonding may be inadequate. The actions specified in this AD 
are intended to prevent a lack of electrical bonding that could result 
in an electrical arc, ignition of fuel vapors, and an onboard fire.

DATES: Effective September 20, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 20, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before November 4, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2002-SW-03-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].
    The service information referenced in this AD may be obtained from 
Bell Helicopter Textron Canada, 12,800 Rue de l'Avenir, Mirabel, Quebec 
J7J1R4, telephone (450) 437-2862 or (800) 363-8023, fax (450) 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; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0111, telephone (817) 222-5355, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: Transport Canada, which is the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on BHT Model 407 helicopters. Transport Canada advises that 
electrical bonding may be inadequate between the retainer assembly, the 
fuel filler cap and adapter assembly, and the fuel cell fitting, which 
can cause arcing while refueling as a result of static discharge. This 
could ignite the fuel vapor.
    BHT has issued Bell Helicopter Textron Alert Service Bulletin No. 
407-01-41, dated May 23, 2001, which specifies the shimming of gaps and 
adding electrical bonding tape to ensure no gaps exist between the 
retainer assembly, part number (P/N) 206-062-304-101, the fuel filler 
cap and adapter assembly, P/N 206-362-002-103, and the fuel cell 
fitting. Transport Canada classified this service bulletin as mandatory 
and issued AD No. CF-2001-34, dated September 20, 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 the 
applicable 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 registered in the United States. 
Therefore, this AD is being issued to prevent a lack of electrical 
bonding that could result in an electrical arc, ignition of fuel 
vapors, and an onboard fire. This AD requires the shimming of gaps and 
adding electrical bonding tape to ensure that no gaps exist between the 
retainer assembly, the fuel cap and adapter assembly, and the fuel cell 
fitting. The actions must be accomplished in accordance with the alert 
service bulletin described previously. The short compliance time 
involved is required because the previously described critical unsafe 
condition could result in substantial damage to a helicopter due to a 
fire. Some of the affected model helicopters may exceed 50 hours time-
in-service (TIS) within a very short period of time. Therefore, the 
shimming of gaps and adding electrical bonding tape to ensure no gaps 
exist between the retainer assembly, the fuel filler cap and adapter 
assembly, and the fuel cell fitting is required within 50 hours 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.
    The FAA estimates that 291 helicopters will be affected by this AD, 
that it will take approximately 8 work hours to accomplish the shimming 
and adding the electrical bonding tape, and that the average labor rate 
is $60 per work hour. The cost of parts is $111 for the kit required 
for each of 242 helicopters in the fleet, and $21 for the kit required 
for the remaining 49 helicopters in the fleet. Based on these figures, 
the total cost impact of the AD on U.S. operators is estimated to be 
$167,571.

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

[[Page 56748]]

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 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 mailed 
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. 2002-SW-03-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:

2002-17-03 Bell Helicopter Textron, a Division of Textron Canada: 
Amendment 39-12868. Docket No. 2002-SW-03-AD.
    Applicability: Model 407 helicopters, with serial numbers less 
than 53480, 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 (b) 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 within 50 hours time-in-service, unless 
accomplished previously.
    To prevent a lack of electrical bonding that could result in an 
electrical arc, ignition of fuel vapors, and an onboard fire, 
accomplish the following:
    (a) Perform the fuel filler cap shimming and electrical bonding 
procedure in accordance with the Accomplishment Instructions in Bell 
Helicopter Textron Alert Service Bulletin No. 407-01-41, dated May 
23, 2001.
    (b) 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.

    (c) 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.
    (d) The shimming and electrical bonding procedure shall be done 
in accordance with the Accomplishment Instructions in Bell 
Helicopter Textron Alert Service Bulletin No. 407-01-41, dated May 
23, 2001. 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 J7J1R4. 
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.
    (e) This amendment becomes effective on September 20, 2002.

    Note 3: The subject of this AD is addressed in Transport Canada 
(Canada) AD No. CF-2001-34, dated September 20, 2001.


    Issued in Fort Worth, Texas, on August 21, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-22174 Filed 9-4-02; 8:45 am]
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