[Federal Register Volume 68, Number 49 (Thursday, March 13, 2003)]
[Rules and Regulations]
[Pages 11967-11971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5576]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-53-AD; Amendment 39-13079; AD 2003-05-03]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Model 
407 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the specified Bell Helicopter Textron Canada (Bell) model helicopters 
that requires 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; modifying and re-identifying certain 
tailbooms and installing an improved horizontal stabilizer assembly; 
and assigning a 5,000 hour time-in-service (TIS) life limit. This 
amendment is 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. The 
actions specified by this AD are intended to prevent separation of the 
tailboom and subsequent loss of control of the helicopter.

DATES: Effective April 17, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 17, 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,

[[Page 11968]]

FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5122, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On March 21, 2000, the FAA issued AD 2000-
06-10, Amendment 39-11651 (65 FR 16804, March 30, 2000), to require 
preflight checking and repetitively inspecting the tailboom for a crack 
and replacing the tailboom if a crack is found. That action was 
prompted by four reports of cracks on the tailboom in the area of the 
horizontal stabilizer. The requirements of that AD were intended to 
prevent separation of the tailboom and subsequent loss of control of 
the helicopter. Next, a proposal to amend 14 CFR part 39 to include 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.
    Since the issuance of that NPRM on January 31, 2002 (67 FR 4685), 
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.
    After reviewing comments received in response to that proposal as 
well as updated service information from the manufacturer, on November 
14, 2002 (67 FR 68952), the FAA published a supplemental notice in the 
Federal Register 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 proposed 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 also applies to the 
tailboom, P/N 407-030-801-107. Additionally, the cite to tailboom, P/N 
407-030-801-201, as a terminating action was 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.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Two commenters state that the instructions need to be clear 
regarding the assignment of the life limit. The FAA agrees and has 
changed paragraph (d) of the AD to clarify the tailboom life limit. For 
the modified tailbooms, P/N 407-530-014-101 and P/N 407-530-014-103, 
5,000 hours TIS since modified and installed is the life limit. The 
life limit for tailboom, P/N 407-030-801-107, is 5,000 hours since new 
(initially installed on any helicopter).
    One commenter states that the proposed compliance date may be too 
short. Additionally, the commenter points out an incorrect reference in 
the preamble discussion to the part number tailboom cited for use as a 
terminating action. The FAA agrees; P/N 407-030-801-101 cited in the 
discussion should have been P/N 407-030-801-201. Also, the FAA agrees 
that the compliance time was too short. Because the compliance time 
cited in the proposal was ``January 31, 2003'' and that date has 
passed, the required compliance time for paragraph (c) of the AD is 
changed to ``within 30 days.''
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.
    The FAA estimates that 284 helicopters of U.S. registry will be 
affected by this AD, that it will 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, and that the average 
labor rate is $60 per work hour. Required parts will cost approximately 
$1,244 per helicopter. Based on these figures, the total cost impact of 
the 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 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.

[[Page 11969]]

Sec.  39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

2003-05-03 Bell Helicopter Textron Canada: Amendment 39-13079. 
Docket No. 2001-SW-53-AD. Supersedes AD 2000-06-10, Docket No. 99-
SW-75-AD, Amendment 39-11651.

    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:

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         Applicable tailboom               Compliance time              Actions             In accordance with
----------------------------------------------------------------------------------------------------------------
(a) Tailboom, P/N 407-030-801-101 and  Before the first flight  Visually check the       Figure 1 of this AD.
 -105, that have not been modified in   of each day.             tailboom for cracks.
 accordance with Bell ASB 407-01-048,                            An owner/operator
 Revision B, dated April 25, 2002.                               (pilot) holding at
                                                                 least a 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).
(b) Tailboom, P/N 407-030-801-101 and  Within 25 hours time-in- Visually inspect the     Part II of the
 -105, that have 600 or more hours      service (TIS), and       tailboom for cracks      Accomplishment
 TIS and have not been modified in      thereafter at            using a 10x or higher    Instructions of Bell
 accordance with Bell ASB 407-01-48,    intervals not to         magnifying glass.        ASB 407-99-26,
 Revision B, dated April 25, 2002.      exceed 50 hours TIS.                              Revision C, dated
                                                                                          February 28, 2002,
                                                                                          except contacting Bell
                                                                                          is not required.
(c) Tailboom, P/N 407-030-801-101 and  Within 600 hours TIS,    Modify and re-identify   Parts I and III of the
 -105.                                  but not later than 30    tailbooms as P/N 407-    Accomplishment
                                        days, unless             530-014-101 and -103,    Instructions in Bell
                                        previously               respectively, and        ASB 407-01-48,
                                        accomplished.            install improved         Revision B, dated
                                                                 horizontal stabilizer    April 25, 2002, and
                                                                 assembly, P/N 407-023-   Bell Technical
                                                                 800-ALL.                 Bulletin No. 407-01-
                                                                                          33, dated August 29,
                                                                                          2001, except
                                                                                          contacting Bell is not
                                                                                          required.
(d) Tailboom, P/N 407-530-014-101 and  Before further flight    Create a historical      Part IV of the
 -103; and P/N 407-030-801-107.         after the tailboom is    service record sheet     Accomplishment
                                        modified and re-         and assign a life        Instructions in Bell
                                        identified, unless       limit of 5,000 hours     ASB 407-01-48,
                                        previously               TIS since                Revision B, dated
                                        accomplished.            modification, re-        April 25, 2002.
                                                                 identification, and
                                                                 installation of
                                                                 tailboom, P/N 407-530-
                                                                 014-101 or -103, on
                                                                 any helicopter, or
                                                                 initial installation
                                                                 of P/N 407-030-801-107
                                                                 on any helicopter.
(e) Tailboom, P/N 407-530-014-101 and  Within 150 hours TIS     Inspect the tailboom     Parts IV and V of the
 103; and P/N 407-030-801-107.          after modification, or   for a crack.             Accomplishment
                                        within 150 hours TIS                              Instructions in Bell
                                        since new, and                                    ASB 407-01-48,
                                        thereafter at                                     Revision B, dated
                                        intervals not to                                  April 25, 2002.
                                        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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[GRAPHIC][TIFF OMITTED]TR13MR03.001

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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 
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.
    (j) The inspections shall be done in accordance with Part II of 
the Accomplishment Instructions in Bell Helicopter Textron Alert 
Service Bulletin No.

[[Page 11971]]

407-99-26, Revision C, dated February 28, 2002. The modifications 
and re-identifications shall be accomplished in accordance with Bell 
Helicopter Textron Technical Bulletin No. 407-01-33, dated August 
29, 2001, and Parts I and III of the Accomplishment Instructions in 
Bell Helicopter Textron Alert Service Bulletin 407-01-48, Revision 
B, dated April 25, 2002. The creation of historical service record 
sheets and inspections shall be done in accordance with Parts IV and 
V of the Accomplishment Instructions in Bell Helicopter ASB 407-01-
48, Revision B, dated April 25, 2002. These incorporations by 
reference were 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.
    (k) This amendment becomes effective on April 17, 2003.

    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 March 3, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-5576 Filed 3-12-03; 8:45 am]
BILLING CODE 4910-13-P