[Federal Register Volume 67, Number 220 (Thursday, November 14, 2002)]
[Proposed Rules]
[Pages 68952-68956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28859]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 220 / Thursday, November 14, 2002 / 
Proposed Rules  

[[Page 68952]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

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


Airworthiness Directives; Bell Helicopter Textron, A Division of 
Textron Canada Model 407 Helicopters

AGENCY: Federal Aviation Administration, DOT.

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

-----------------------------------------------------------------------

SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD) for Bell Helicopter Textron, A Division of Textron 
Canada (Bell), Model 407 helicopters, that would have required 
preflight checking and repetitively inspecting for a crack in certain 
tailbooms that have not been redesigned and replacing the tailboom if a 
crack is found. That proposal was 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. This action revises the proposed rule by 
correcting the model applicability, increasing the area of inspection 
for certain tailbooms, requiring modification of certain tailbooms, and 
establishing life limits for certain tailbooms. The actions specified 
by this proposed AD are intended to prevent separation of the tailboom 
and subsequent loss of control of the helicopter.

DATES: Comments must be received on or before December 16, 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 
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.
    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.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an AD for Bell Model 407 helicopters was published 
in the Federal Register on January 31, 2002 (67 FR 4685). That NPRM 
would have required preflight checking and repetitively inspecting for 
a crack in certain tailbooms that have not been redesigned and 
replacing the tailboom if a crack is found. It further proposed that 
installing tailboom, P/N 407-030-801-201, would constitute terminating 
action for the requirements of that AD. That NPRM was 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. That condition, if not 
corrected, could result in separation of the tailboom and subsequent 
loss of control of the helicopter.
    Since the issuance of that NPRM, the manufacturer has issued Bell 
Helicopter Textron Alert Service Bulletin (ASB) No. 407-99-26, Revision 
C, dated February 28, 2002, that addresses inspection procedures for 
certain tailbooms. The manufacturer also issued Bell Helicopter Textron 
ASB No. 407-01-48, Revision B, dated April 25, 2002, that details the 
modification and re-identification of those certain tailbooms, assigns 
a life limit, and details new inspection procedures for those re-
identified tailbooms. Additionally, ASB 407-01-48 assigns a life limit 
and details new inspection procedures for another part-numbered 
tailboom that was modified by the manufacturer. Further, in addition to 
the redesigned tailboom, P/N 407-030-801-201, referenced in the NPRM, 
Bell has at least one additional redesigned tailboom, P/N 407-030-801-
203, for these helicopters. Transport Canada, which is the 
airworthiness authority for Canada, has issued a revised AD No. CF-
1999-17R2, dated April 5, 2002, to address these changed requirements.
    Further, the FAA received three comments to that NPRM proposing 
changes. Two commenters state that the AD should be changed to state 
specific tailboom part numbers for specific inspections. They suggest 
mandating 50 hour time-in-service (TIS) inspections

[[Page 68953]]

for tailbooms, part number (P/N) 407-030-801-101 and -105, until 
mandated modification and re-identification occurs and life limits are 
imposed. They also suggest mandating 150 hour TIS inspections for 
modified and re-identified tailbooms and also tailboom, P/N 407-030-
801-107, which was modified by the manufacturer before delivery. These 
changes are requested because the tailbooms are modified to address the 
cracking problems, and based on engineering evaluation of these 
modified tailbooms, the inspection intervals can be expanded. The third 
commenter, the manufacturer, suggests modifying the proposal to 
incorporate their later revisions to their service bulletins.
    The FAA agrees with the proposed changes and the updated 
manufacturer service information. We continue to propose mandating 
daily pre-flight checks and initial 25-hour TIS inspections with 
recurring 50 hour TIS inspections for the tailbooms, P/N 407-030-801-
101 and -105, until they are modified and re-identified. Once modified 
and re-identified as P/N 407-530-014-101 and -103, respectively, the 
FAA proposes to mandate the 150 hour TIS inspection and assign a 5,000 
hour TIS life limit. The 150 hour TIS inspection and 5,000 hour life 
limit would also apply to the tailboom, P/N 407-030-801-107. 
Additionally, the cite to tailboom, P/N 407-030-801-101, as a 
terminating action has been removed since the installation of other 
redesigned tailbooms may also effectively remove a helicopter from the 
applicability of this proposal, thereby constituting a terminating 
action for the requirements of this AD.
    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 284 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 3.5 work 
hours per helicopter to accomplish the initial inspections, 1.5 work 
hours per helicopter to accomplish the recurring inspections, and 18 
work hours per helicopter to accomplish the modification. The average 
labor rate is $60 per work hour. Required parts would cost 
approximately $1,244 per helicopter. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$3,254 per helicopter, or $924,136, assuming all U.S. registered 
helicopters are required to be modified and initially inspected, and 
have 8 repetitive inspections per year. In its service information, 
under certain conditions, the manufacturer offers a ``special'' 
warranty for parts needed for modifying tailbooms, P/N 407-030-801-101 
and -105, and a labor allowance of $480.
    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, a Division of Textron Canada: Docket No. 
2001-SW-53-AD.
    Applicability: Model 407 helicopters, serial numbers 53000 
through 53475, with tailboom, part number (P/N) 407-030-801-101, -
105 or -107, or P/N 407-530-014-101 or -103, (re-identified in 
accordance with Bell Helicopter Textron (Bell) Alert Service 
Bulletin (ASB) 407-01-48, Revision B, dated April 25, 2002), 
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 (h) 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.
    To prevent separation of the tailboom and subsequent loss of 
control of the helicopter, accomplish the following:

----------------------------------------------------------------------------------------------------------------
       Applicable tailboom              Compliance time                Actions             In accordance with
----------------------------------------------------------------------------------------------------------------
(a) Tailboom, P/N 407-030-801-101  Before the first flight    Visually check the        Figure 1 of this AD.
 and -105, that have not been       of each day.               tailboom for cracks. An
 modified in accordance with Bell                              owner/operator (pilot)
 ASB 407-01-048, Revision B,                                   holding at least a
 dated April 25, 2002.                                         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).

[[Page 68954]]

 
(b) Tailboom, P/N 407-030-801-101  Within 25 hours time-in-   Visually inspect the      Part II of the
 and -105, that have 600 or more    service (TIS), and         tailboom for cracks       Accomplishment
 hours TIS and have not been        thereafter at intervals    using a 10x or higher     Instructions of Bell
 modified in accordance with Bell   not to exceed 50 hours     magnifying glass.         ASB 407-99-26, Revision
 ASB 407-01-48, Revision B, dated   TIS.                                                 C, dated February 28,
 April 25, 2002.                                                                         2002, except contacting
                                                                                         Bell is not required.
(c) Tailboom, P/N 407-030-801-101  Within 600 hours TIS, but  Modify and re-identify    Parts I and III of the
 and -105.                          not later than January     tailbooms as P/N 407-     Accomplishment
                                    31, 2003, unless           530-014-101 and -103,     Instructions in Bell
                                    previously accomplished.   respectively, and         ASB 407-01-48, Revision
                                                               install improved          B, dated April 25,
                                                               horizontal stabilizer     2002, and Bell
                                                               assembly, P/N 407-023-    Technical Bulletin No.
                                                               800-ALL.                  407-01-33, dated August
                                                                                         29, 2001, except
                                                                                         contacting Bell is not
                                                                                         required.
(d) Tailboom, P/N 407-530-014-101  Before further flight      Create a historical       Part IV of
 and -103; and P/N 407-030-801-     after the tailboom is      service record sheet      Accomplishment
 107.                               modified and re-           and assign a life limit   Instructions in Bell
                                    identified, unless         of 5,000 hours TIS        ASB 407-01-48, Revision
                                    previously accomplished.   since initial             B, dated April 25,
                                                               installation on any       2002.
                                                               helicopter.
(e) Tailboom, P/N 407-530-014-101  Within 150 hours TIS       Inspect the tailboom for  Part IV and V of the
 and -103; and P/N 407-030-801-     after modification, or     a crack.                  Accomplishment
 107.                               within 150 hours TIS                                 Instructions in Bell
                                    since new, and                                       ASB 407-01-48 Revision
                                    thereafter at intervals                              B, dated April 25, 2002
                                    not to exceed 150 hours
                                    TIS.
(f) All applicable part-numbered   Before further flight....  If a crack is found,      The applicable
 tailbooms.                                                    replace the tailboom.     maintenance manual.
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    (g) This AD revises the helicopter Airworthiness Limitations 
section of the maintenance manual by establishing a new retirement 
life for the tailboom, P/N 407-530-014-101 and --103, and P/N 407-
030-801-107 of 5,000 hours TIS.
    (h) 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.

    (i) Special flight permits may be issued in accordance with 
sections 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 3: The subject of this AD is addressed in Transport Canada 
(Canada) AD No. CF-1999-17R2, dated April 5, 2002.


    Issued in Fort Worth, Texas, on November 4, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-28859 Filed 11-13-02; 8:45 am]
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