[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Rules and Regulations]
[Pages 3379-3380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1304]



[[Page 3379]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-33-AD; Amendment 39-13023; AD 2003-02-06]
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 adopts a new airworthiness directive (AD) for 
Bell Helicopter Textron Canada Limited (Bell) Model 407 helicopters. 
This action requires visually inspecting certain tailboom gearbox 
support castings (castings) for cracks and replacing the tailboom 
assembly if a crack is found. This amendment is prompted by an incident 
in which a crack was discovered on the casting that holds the tail 
rotor gearbox and vertical fin. The actions specified in this AD are 
intended to detect a crack in the casting and prevent failure of the 
casting, loss of the vertical fin and tail rotor, and subsequent loss 
of control of the helicopter.

DATES: Effective February 10, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 10, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before March 25, 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-33-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: 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: Transport Canada, the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on Bell Model 407 helicopters. Transport Canada advises that 
there has been one occurrence of a cracked tail rotor gearbox support 
casting that is part of the tailboom assembly. They state that the 
crack originated from a weld repair made during fabrication of the part 
and that Bell has identified other castings that have the same repair 
and potential for cracking.
    Bell has issued Bell Helicopter Textron Alert Service Bulletin, No. 
407-02-53, dated June 5, 2002, which specifies a procedure for 
determining if an affected tailboom and casting are installed, and 
specifies an initial and 25-hour time-in-service recurring visual 
inspections of the casting for cracks. Transport Canada classified this 
alert service bulletin as mandatory and issued AD No. CF-2002-32R1, 
dated July 31, 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 
helicopters of the same type design registered in the United States. 
Therefore, this AD is being issued to detect a crack in the casting and 
prevent failure of the casting, loss of the vertical fin and tail 
rotor, and subsequent loss of control of the helicopter. This AD 
requires determining if an affected tailboom assembly and casting are 
installed, and if so, visually inspecting the casting for a crack 
before further flight at intervals not to exceed 25 hours time-in-
service (TIS). Replacing any tailboom assembly that has a cracked 
casting is also required before further flight. The actions must be 
accomplished in accordance with the alert service bulletin described 
previously. Replacing the tailboom with a tailboom assembly having a 
serial number other than those listed in the Applicability section of 
this AD is a terminating action for the requirements of this AD. The 
short compliance time involved is required because the previously 
described critical unsafe condition can adversely affect the 
controllability and structural integrity of the helicopter. Therefore, 
inspecting for a crack in affected castings is required within 10 hours 
TIS or 7 days, whichever occurs first, 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 284 helicopters will be affected by this AD 
and that it will take approximately 1.5 work hours to determine if an 
affected tailboom assembly and casting are installed and 25 work hours 
to replace a tailboom. There are seven helicopters that will require 
repetitively inspecting the affected casting; it will take 
approximately 1 work hour to conduct the visual inspection of the 
casting. The average labor rate is $60 per work hour. If a crack is 
found in the casting, required parts will cost approximately $64,578 
per helicopter. Based on these figures, the total cost impact of the AD 
on U.S. operators is estimated to be $573,786, assuming (1) a one-time 
inspection for 284 helicopters to determine if affected tailbooms and 
castings are installed; and (2) the tailboom is replaced on the seven 
helicopters after 204 repetitive inspections. The manufacturer states 
that they are offering a prorated warranty credit for replacement 
tailboom, P/N 407-030-801-203.
    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

[[Page 3380]]

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-33-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:

2003-02-06 Bell Helicopter Textron Canada Limited: Amendment 39-
13023. Docket No. 2002-SW-33-AD.

    Applicability: Model 407 helicopters, serial numbers (S/N) 53000 
through 53475, with tailboom assemblies, part numbers (P/Ns) 407-
030-801-105 or -107, or 407-530-014-103, having S/N 53390 through 
53440, 53449, BP921, BP1014, and tail rotor gearbox support casting 
(casting), part number (P/N) 406-030-121-105, having S/N 980867/01-
2, 980867/01-3, 980867/01-4, 980867/01-5, 980867/01-8, 980867/01-9, 
and 980867/01-10, 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 (d) 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 casting, failure of the tail rotor, 
loss of the tailboom, and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Within 10 hours time-in-service (TIS) or 7 days, whichever 
occurs first, determine if an affected tailboom is installed, and if 
so, determine if an affected casting is installed, in accordance 
with Part I of the Accomplishment Instructions in Bell Helicopter 
Textron Alert Service Bulletin No. 407-02-53, dated June 5, 2002 
(ASB), except reporting to the manufacturer is not required.
    (b) If an affected tailboom and casting are installed, before 
further flight and thereafter at intervals not to exceed 25 hours 
TIS until replacement tailboom, P/N 407-030-801-203, is installed, 
visually inspect the casting for a crack in accordance with Part II, 
steps 3-5 and 8, of the Accomplishment Instructions of the ASB, 
except that reporting to the manufacturer is not required.
    (1) If a crack is found, before further flight, replace the 
tailboom assembly with an airworthy tailboom assembly having a 
serial number other than those serial-numbered tailboom assemblies 
listed in the Applicability section of this AD.
    (2) If a crack is found, report the following information within 
7 days to the FAA, Rotorcraft Directorate, ASW-111, Attention: 
Sharon Miles, 2601 Meacham Blvd., Fort Worth, TX 76137; or via Email 
to: [email protected]; or via FAX at (817) 222-5961: Tailboom 
P/N, S/N, number of hours TIS, crack location, and crack size. 
Information collection requirements contained in this AD have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) and have been assigned OMB Control Number 2120-0056.
    (c) Replacing the tailboom with a tailboom assembly having a 
serial number other than those listed in the Applicability section 
of this AD is a terminating action for the requirements of this AD.
    (d) 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.

    (e) 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.
    (f) Determining if affected parts are installed and visually 
inspecting for a crack shall be done in accordance with Bell 
Helicopter Textron Alert Service Bulletin, No. 407-02-53, dated June 
5, 2002, Part I and Part II, Accomplishment Instructions. 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, 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.
    (g) This amendment becomes effective on February 10, 2003.

    Note 3: The subject of this AD is addressed in Transport Canada 
(Canada) AD CF-2002-32R1, dated July 31, 2002.


    Issued in Fort Worth, Texas, on January 14, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-1304 Filed 1-23-03; 8:45 am]
BILLING CODE 4910-13-P