[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Rules and Regulations]
[Pages 9523-9525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4477]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-43-AD; Amendment 39-13061; AD 2003-04-12]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Limited 
Model 427 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the specified Bell Helicopter Textron Canada (Bell) model helicopters 
that requires modifying the auxiliary fin assemblies 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. This 
amendment is 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. The actions specified by this AD are 
intended to prevent a main rotor blade from striking an auxiliary fin, 
loss of a tuning weight, impact with a tail or main rotor blade, and 
subsequent loss of control of the helicopter.

DATES: Effective April 4, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 4, 2003.

ADDRESSES: 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: 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

[[Page 9524]]

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 
proposal 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, prior to publishing the final rule based on that NPRM, the 
manufacturer published service information about reducing the height of 
the fins. Further, Transport Canada issued a revised AD requiring the 
height reduction in Canada. Hence, reducing the height of the fins made 
the relocation of the tuning weights unnecessary, therefore a 
supplemental proposal was published in the Federal Register on October 
18, 2002 (67 FR 64326). That action proposed to require modifying the 
auxiliary fin assemblies to reduce the height and revising the 
Limitations section of the RFM to reduce the Vne for a tail rotor pedal 
stop failure from 80 knots indicated airspeed (KIAS) to 60 KIAS.
    Transport Canada, the airworthiness authority for Canada, notified 
the FAA that an unsafe condition may exist on Bell Model 427 
helicopters. Transport Canada advises of several ground incidents of 
main rotor blades contacting the top portion of a fin. Such incidents 
occurred on helicopters with an internal gross weight capability of 
6,350 lbs. and the larger auxiliary fin assemblies.
    Bell has issued Alert Service Bulletin 427-01-7, dated November 16, 
2001 (ASB), which specifies reducing the height of the auxiliary fin 
assembly, part number (P/N) 427-035-836-101, -102, -105, and -106 
within 300 hours time-in-service (TIS). Transport Canada classified 
this ASB as mandatory and issued AD No. CF-2001-05R1, dated February 
13, 2002, to ensure the continued airworthiness of these helicopters in 
Canada.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposal or the FAA's determination of the cost to the public. The FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed with the exception of minor non-
substantive changes and updating the Rotorcraft Flight Manual from 
Revision 3 to Revision 5, which is referenced in Note 2 of the AD.
    The FAA estimates that 30 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 12 work hours per 
helicopter to accomplish the actions, and that the average labor rate 
is $60 per work hour. Required parts will cost approximately $1,685 per 
helicopter. Based on these figures, the total cost impact of the AD on 
U.S. operators is estimated to be $72,150 to perform the modifications 
and revisions for the entire fleet.
    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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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:

2003-04-12 Bell Helicopter Textron Canada: Amendment 39-13061. 
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 a main rotor blade from striking an auxiliary fin, 
loss of an upper tuning weight, impact with a tail or main rotor 
blade, and subsequent loss of control of the helicopter:
    (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: Bell Helicopter Textron Rotorcraft Flight Manual BHT-
427-FM-2, Revision 5, dated April 23, 2002, 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 
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.
    (e) The modification shall be done in accordance with the 
Accomplishment Instructions in Bell Helicopter Textron Alert Service 
Bulletin No. 427-01-07, dated November 16, 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, 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,

[[Page 9525]]

800 North Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on April 4, 2003.

    Note 4: The subject of this AD is addressed in Transport Canada 
(Canada) AD No. CF-2001-05R1, dated February 13, 2002.


    Issued in Fort Worth, Texas, on February 14, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-4477 Filed 2-27-03; 8:45 am]
BILLING CODE 4910-13-P