[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Rules and Regulations]
[Pages 67513-67516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27791]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-38-AD; Amendment 39-12935; AD 2002-22-10]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Limited 
Model 407 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD) for Bell Helicopter Textron Canada Limited (BHTCL) Model 407 
helicopters that requires visually inspecting the brackets that attach 
the horizontal stabilizer slat (slat) to the stabilizer for a crack. If 
a crack is found, that AD also requires replacing the slat assembly 
before further flight. Also, that AD requires installing airworthy, 
segmented slat assemblies by a specified date. Installing segmented 
slat assemblies was considered terminating action for the requirements 
of that AD. This amendment requires, initially and at certain time 
intervals, checking each slat assembly for a cracked bracket and, if a 
crack is found, replacing any unairworthy slat assembly with an 
improved, airworthy slat assembly. This amendment also requires 
replacing, modifying, and installing identification plates on slats on 
certain helicopters at specified time intervals. This amendment is 
prompted by two additional reports of cracked brackets. The actions 
specified by this AD are intended to prevent a slat from separating, 
contacting a rotor blade, and resulting in subsequent loss of control 
of the helicopter.

DATES: Effective November 21, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 21, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before January 6, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2002-SW-38-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 Limited, 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 76137; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

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: On September 29, 2000, the FAA issued AD 
2000-20-18, Amendment 39-11930 (65 FR 62275, October 18, 2000), to 
require visually inspecting certain slat brackets for a crack and 
replacing any slat assembly that has a cracked bracket. Also, AD 2000-
20-18 required installing a newly designed slat assembly on each 
affected model before flight after December 31, 2000. That action was 
prompted by an incident in which a slat separated from a helicopter. 
That condition, if not corrected, could result in a slat separating, 
contacting a rotor blade, and subsequent loss of control of the 
helicopter.
    Since issuing that AD and since installing the newly designed slat 
assembly, part number (P/N) 407-023-001-101 on affected helicopters, 
two additional cracked slat brackets have been reported. These 
occurrences are attributed to a design flaw and improper installation 
of the slat assembly.
    Bell Helicopter Textron has issued Alert Service Bulletin No. 407-
02-52, dated March 20, 2002 (ASB). The ASB specifies checking the slats 
for a crack in the bracket on certain serial-numbered helicopters and 
replacing the existing slat assembly with a further improved, 
airworthy, slat assembly on another serial-numbered group of 
helicopters. The ASB also specifies modifying certain existing slat 
assemblies for another group of serial-numbered helicopters and 
installing and marking identification plates after the segmented slat 
assemblies are installed on certain other helicopters. Transport Canada 
classified this ASB as mandatory and issued AD CF-2000-09R1, dated June 
6, 2002, 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 BHTCL 
Model 407 helicopters of the same type design. Therefore, this AD 
supersedes AD 2000-20-18 and requires the following:
    [sbull] Within 10 hours time-in-service (TIS) and thereafter before 
the first flight of each day:
    [sbull] For helicopters serial number (S/N) 53000 through 53498 and 
53500 through 53503, check each slat for a crack at the radius of each 
bracket, P/N 206-023-119-109, -110, or 407-023-801-127, -128, or 407-
023-011-119, -120, or -121. An owner/operator (pilot) holding at least 
a private pilot certificate may perform this check. The pilot must 
enter compliance with this provision in

[[Page 67514]]

accordance with 14 CFR 43.11 and 91.417(a)(2)(v). A pilot may perform 
this check because it involves only a visual check for a crack in the 
bracket for the slat and can be performed equally well by a pilot or a 
mechanic.
    [sbull] If a crack is found, before further flight, replace slat 
assembly, P/N 407-023-002-117 or 407-023-001-101 with an airworthy, 
segmented slat assembly, P/N 407-023-001-103.
    [sbull] Replacing slat assembly, P/N 407-023-002-117 or 407-023-
001-101, with an airworthy, segmented slat assembly, P/N 407-023-001-
103, is terminating action for the pilot check.
    [sbull] Within 300 hours TIS, but not later than December 31, 2002, 
for helicopters:
    [sbull] S/N 53000 through 53498, replace slat assembly, P/N 407-
023-002-117 and 407-023-001-101, with an airworthy, segmented slat 
assembly, P/N 407-023-001-103.
    [sbull] S/N 53500 through 53503, modify each segmented slat 
assembly, P/N 407-023-001-103.
    [sbull] S/N 53504 through 53512, install and mark identification 
plates for each segmented slat assembly, P/N 407-023-001-103.
    The actions must 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 structural integrity and controllability of the 
helicopter. Therefore, checking a certain group of slats for a crack at 
the radius of each bracket is required before the first flight of each 
day and must be replaced before December 31, 2002. Thus, 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 this AD will affect 289 helicopters and will 
require approximately:
    [sbull] 3.5 work hours to replace the slat assembly for 280 
helicopters;
    [sbull] 3.5 work hours to reinstall the slat assembly for 4 
helicopters;
    [sbull] \3/4\ work hour to install and mark the ID plates for 9 
helicopters;
    [sbull] An average labor rate of $60 per work hour; and
    [sbull] $5,657 for parts per helicopter. The manufacturer states 
that a 100 percent warranty credit is available for replacing the slat 
assembly if various conditions are met. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$1,644,005.

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 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. 2002-SW-38-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 removing Amendment 39-11930 (65 FR 
62275, October 18, 2000), and by adding a new airworthiness directive 
(AD), Amendment 39-12935, to read as follows:

2002-22-10 Bell Helicopter Textron Canada Limited: Amendment 39-
12935. Docket No. 2002-SW-38-AD. Supersedes AD 2000-20-18, Amendment 
39-11930, Docket No. 2000-SW-24-AD.

    Applicability: Model 407 helicopters, serial number (S/N) 53000 
through 53498 and 53500 through 53512, 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 the horizontal stabilizer slat (slat) from 
separating, contacting a rotor blade, and resulting in subsequent 
loss of control of the helicopter, accomplish the following:
    (a) For helicopters, S/N 53000 through 53498 and 53500 through 
53503:

[[Page 67515]]

    (1) Within 10 hours time-in-service (TIS) and thereafter before 
the first flight of each day, check each slat for a crack at the 
radius of each bracket, part numbers (P/N) 206-023-119-109, -110 or 
407-023-801-127, -128, or 407-023-001-119, -120, or -121, as shown 
in Figure 1 of this AD:
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    (2) An owner/operator (pilot) holding at least a private pilot 
certificate may perform the check required by paragraph (a)(1) of 
this AD. The pilot must enter compliance with this provision in 
accordance with 14 CFR 43.11 and 91.417(a)(2)(v).
    (3) If a crack is found, before further flight, replace slat 
assembly, P/N 407-023-002-117 or 407-023-001-101, with an airworthy, 
segmented slat assembly, P/N 407-023-001-103.
    (4) Replacing slat assembly, P/N 407-023-002-117 and 407-023-
001-101, with an airworthy, segmented slat assembly, P/N 407-023-
001-103, is terminating action for the check required by paragraph 
(a)(1) of this AD.
    (b) Within 300 hours TIS but no later than December 31, 2002:
    (1) For helicopters, S/N 53000 through 53498, replace slat 
assembly, P/N 407-023-002-117 and 407-023-001-101, with an 
airworthy, segmented slat assembly, P/N 407-023-001-103, in 
accordance with the Accomplishment Instructions, Part II, Bell 
Helicopter Textron Alert Service Bulletin 407-02-52, dated March 20, 
2002 (ASB).
    (2) For helicopters, S/N 53500 through 53503, modify each 
segmented slat assembly in accordance with the Accomplishment 
Instructions, Part III, of the ASB.
    (3) For helicopters, S/N 53504 through 53512, install and mark 
identification plates for each slat assembly in accordance with the 
Accomplishment Instructions, Part IV, of the ASB.
    (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.

[[Page 67516]]

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.

    (d) 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.
    (e) Replacing and modifying the slats and installing and marking 
the identification plates shall be done in accordance with the 
Accomplishment Instructions, Part II, Part III, and Part IV, 
respectively, of Bell Helicopter Textron Alert Service Bulletin 407-
02-52, dated March 20, 2002. 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 Limited, 12,800 Rue de l'Avenir, Mirabel, 
Quebec J7J1R4, telephone (450) 437-2862 or (800) 363-8023, fax (450) 
433-0272. 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.
    (f) This amendment becomes effective on November 21, 2002.

    Note 3: The subject of this AD is addressed in Transport Canada 
(Canada) AD CF-2000-09R1, dated June 6, 2002.


    Issued in Fort Worth, Texas, on October 21, 2002.
Eric D. Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-27791 Filed 11-5-02; 8:45 am]
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