[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Proposed Rules]
[Pages 64326-64328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26593]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-43-AD]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Limited 
Model 427 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 airworthiness 
directive (AD) for Bell Helicopter Textron Canada Limited (Bell) Model 
427 helicopters that would have required modifying each auxiliary fin 
(fin) by relocating the upper tuning weights to a lower position. That 
proposal was prompted by several incidents of main rotor blades 
contacting the top of the fin that have resulted in an upper tuning 
weight (weight) becoming loose. This action revises the proposed rule 
by requiring a different modification of the auxiliary fin and revising 
the Limitations section of the Rotorcraft Flight Manual (RFM) to reduce 
the never-exceed speed (Vne) for a tail rotor pedal stop failure. The 
actions specified by this proposed AD are intended to prevent a main 
rotor blade from striking a fin, loss of a tuning weight, impact with a 
tail or main rotor blade, and subsequent loss of control of the 
helicopter.

DATES: Comments must be received on or before December 17, 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-43-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.
    The service information referenced in the proposed rule 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.

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.

[[Page 64327]]

    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-43-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an AD for Bell Model 427 helicopters was published 
in the Federal Register on November 28, 2001 (66 FR 59377). That NPRM 
would have required modifying the fins, part number (P/N) 427-035-836-
101 and 427-035-836-102, to relocate the weights, P/N 407-023-003-145. 
That NPRM was prompted by several incidents of main rotor blades 
contacting the top of the fin. The weights are located where a main 
rotor contact with the fin may result in a weight becoming loose. That 
condition, if not corrected, could result in loss of a weight, impact 
with a tail or main rotor blade, and subsequent loss of control of the 
helicopter.
    Since the issuance of that NPRM, Transport Canada, which is the 
airworthiness authority for Canada, has issued a revised AD CF-2001-
05R1, dated February 13, 2002, that requires, within 300 hours time-in-
service or no later than May 30, 2002, modifying the auxiliary fins to 
reduce the height and revising the Limitations section of the RFM to 
reduce the Vne for a tail rotor pedal stop system failure from 80 knots 
indicated airspeed (KIAS) to 60 KIAS. The published NPRM recognized 
that relocating the tuning weights was an interim action and 
anticipated that contact between the main rotor blades and the top 
portion of the fins would be addressed in a separate AD. However, 
reducing the height of the fins as proposed in this document makes the 
relocation of the tuning weights unnecessary.
    Therefore, the FAA agrees with the changes mandated by Transport 
Canada and is proposing those same actions as well as adding additional 
serial numbers and part numbers to the applicability. Since these 
changes expand the scope of the originally proposed rule, the FAA has 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for public comment.
    The FAA estimates that 30 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 12 work 
hours per helicopter to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately $1,685 per helicopter. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$72,150 to perform the modifications and revisions for the entire 
fleet.
    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 Textron Canada Limited: Docket No. 
2001-SW-43-AD.

    Applicability: Model 427 helicopters, serial numbers 56001 
through 56030 with auxiliary fin assemblies, part numbers 427-035-
836-101, -102, -105, or -106, 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 (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: Required as indicated, unless accomplished 
previously.
    To prevent loss of an upper tuning weight (weight), impact with 
a tail or main rotor blade, and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Within 60 days, modify auxiliary fin assemblies, part 
numbers (P/N) 427-035-836-101, -102, -105, or -106, in accordance 
with the Accomplishment Instructions in Bell Helicopter Textron 
Alert Service Bulletin No. 427-01-07, dated November 16, 2001.
    (b) After accomplishing paragraph (a) of this AD, reduce the 
never-exceed speed (Vne) limitation for a pedal stop failure from 80 
knots indicated airspeed (KIAS) to 60 KIAS.

    Note 2: Revision 3 of Bell Helicopter Textron Rotorcraft Flight 
Manual BHT-427-Fm-2, dated October 31, 2001, incorporates the 
reduced airspeed limitation for a pedal stop failure.

    (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, 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.

    (d) Special flight permits may be issued in accordance with 
Sec. Sec.  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.

    Note 4: The subject of this AD is addressed in Transport Canada 
(Canada) AD CF-2001-05R1 dated February 13, 2002.



[[Page 64328]]


    Issued in Fort Worth, Texas, on October 4, 2002.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-26593 Filed 10-17-02; 8:45 am]
BILLING CODE 4910-13-P