[Federal Register Volume 68, Number 130 (Tuesday, July 8, 2003)]
[Rules and Regulations]
[Pages 40481-40483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16686]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-01-AD; Amendment 39-13216; AD 2003-13-14]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Model 
206A, 206A-1, 206B, 206B-1, 206L, 206L-1, 206L-3, and 206L-4 
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 (BHTC) model helicopters 
that requires performing a continuity test, temporarily repairing any 
unairworthy chip detector, and replacing any repaired chip detectors. 
This amendment is prompted by reports of poor or no continuity between 
the insert and the chip detector housing on certain chip detectors. The 
actions specified by this AD are intended to prevent failure of a chip 
detector indication, loss of a critical component, and subsequent loss 
of control of the helicopter.

DATES: Effective August 12, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 12, 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: Jorge Castillo, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 
Fort Worth, Texas 76193-0110, telephone (817) 222-5127, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to 
include an AD for the specified model helicopters was published in the 
Federal Register on October 21, 2002 (67 FR 64571). That action 
proposed to require performing a continuity test; repairing temporarily 
the chip detectors, part number (P/N) B3188B and B4093, installed in 
the transmission bottom and upper case, found on certain transmission 
assemblies; and replacing repaired chip detectors.
    Transport Canada, the airworthiness authority for Canada, notified 
the FAA that an unsafe condition may exist on BHTC Model 206A, 206A-1, 
206B, 206B-1, 206L, 206L-1, 206L-3, and 206L-4 helicopters. Transport 
Canada advises that Tedeco B3188B and B4093 chip detectors could 
possibly have poor or no continuity between the insert and the chip 
detector housing. This could result in no chip indication when the chip 
detector has been bridged by metal particles.
    BHTC has issued Alert Service Bulletin (ASB) No. 206-01-96, 
Revision A, and No. 206L-01-119, Revision A, both dated May 7, 2001, 
which specify accomplishing the Eaton Tedeco Product Bulletins attached 
to their Alert Service Bulletin. The Eaton Tedeco Product Bulletins 
contain procedures for performing a continuity test, repairing chip 
detectors, and replacing repaired chip detectors. Transport Canada 
classified these ASBs as mandatory and issued AD No. CF-2001-33, dated 
August 24, 2001, 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. Due consideration has been given to 
the comments received from two commenters.
    The two commenters state that the cost of the chip detector that 
was stated in the proposal ($75) was incorrect. They estimate the 
correct cost of the B3188B chip detector to be $308 and the cost of the 
B4093 chip detector to be $378. Therefore, one of these commenters 
states that the estimated impact is more likely to be $455,795. 
Further, that same commenter states that he feels that this increased 
cost will result in this AD having a significant economic impact on a 
substantial number of small entities unless the manufacturer provides 
the parts at no cost or at a significantly reduced cost. We agree that 
the cost of the chip detectors was incorrectly stated in the

[[Page 40482]]

proposal and that the actual cost of the chip detectors is 
approximately the unit costs provided by the commenters. We have 
revised our economic analysis accordingly using an approximate average 
cost of $350 per chip detector. Using this revised parts' cost, the 
total estimated cost impact of this AD increases from $186,615 ($30 
(labor) per helicopter for 1,131 helicopters, plus $135 ($75 parts and 
$60 labor) per helicopter for the other 1,131 helicopters) to $497,640 
($30 (labor) per helicopter for 1,131 helicopters plus $410 ($350 parts 
and $60 labor) per helicopter for the other 1,131 helicopters). While 
the AD may affect a substantial number of small entities, we believe 
that neither the original estimated cost per helicopter of either $30 
or $135, as applicable, nor this revised estimated cost per helicopter 
of either $30 of $410, as applicable, will have a significant economic 
impact on any small entity.
    One commenter questions why the proposed AD did not propose to 
require a repetitive inspection to preclude failure of a chip detector 
subsequent to it passing the inspection contained in the proposed AD. 
We do not agree that repetitive inspections are necessary. The 
inspection that is required is intended to provide a means to identify 
an unairworthy chip detector installed on a helicopter. Once 
identified, the proposal specified a temporary repair for the chip 
detector until it could be replaced with an airworthy part. While it is 
true that a chip detector could fail after successfully passing the 
proposed inspection, the causes for potential subsequent failures are 
not necessarily attributable to the design deficiency addressed by the 
proposed AD. Accordingly, no change is made to this AD based on this 
comment.
    One commenter believes that more than 50 percent of the currently 
installed chip detectors may be faulty, which would increase the 
estimated cost impact of the AD. The commenter states that the AD is 
not warranted unless airworthiness data were presented to the FAA 
showing that the manufacturer's previously issued ASBs have not been 
effective in correcting the problem.
    Both commenters state their concerns about the availability of an 
adequate inventory of chip detectors to replace all unairworthy chip 
detectors that may be discovered during the inspections required by the 
AD. The FAA does not agree. We consider our estimate that half of the 
fleet inspections will result in detection of an unairworthy chip 
detector to be a conservative estimate. That number may be reduced 
since some chip detectors have already been replaced due to the release 
of BHTC's ASBs. Since compliance with an ASB is not universally 
mandatory, this AD is being issued to mandate testing, repairing (if 
necessary), and replacing chip detectors for the operators that have 
not been required to comply with the ASB. We believe this AD provides a 
reasonable method for identifying the total number of existing 
unairworthy chip detectors, a temporary repair procedure that allows 
chip detectors to be made functional, and a requirement to replace all 
chip detectors after 300 hours time-in-service (TIS).
    Further, one commenter states that the FAA should take the lead in 
negotiating a firm replacement agreement with the manufacturer since 
the proposed AD states that Tedeco/Bell ``may'' provide replacements at 
``no charge.'' We do not agree. Negotiating warranty coverage between 
operators and manufacturers is not a proper role for the FAA. However, 
we are required to assess the economic impact of our regulation and we 
have appropriately addressed that issue previously in our discussion of 
the costs impact of this AD.
    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes described previously, 
and that these changes will not increase the scope of the AD.
    On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs the FAA's AD system. This 
regulation now includes material that relates to special flight 
permits, alternative methods of compliance, and altered products. 
However, for clarity and consistency in this final rule, we have 
retained the language of the NPRM regarding that material.
    The FAA estimates that this AD will affect 2,262 helicopters of 
U.S. registry, and the required actions will take approximately 0.5 
work hours per helicopter to initially inspect the chip detectors, and 
0.5 work hours per helicopter to repair and ultimately replace any chip 
detectors that were previously temporarily repaired. The average labor 
rate is $60 per work hour. Required parts will cost approximately $350 
per chip detector. Based on these figures, we estimate the total cost 
impact of the AD on U.S. operators to be $497,640, assuming half of the 
fleet will require repairing and replacing the chip detectors. The chip 
detector manufacturer has stated that it may provide reworked or 
replacement parts at no charge at its discretion.
    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

0
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

0
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]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2003-13-14 Bell Helicopter Textron Canada: Amendment 39-13216. 
Docket No. 2002-SW-01-AD.

    Applicability: Model 206A, 206A-1, 206B, 206B-1, 206L, 206L-1, 
206L-3, and 206L-4 helicopters, 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.

[[Page 40483]]

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 failure of a chip detector indication, loss of a 
critical component, and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) For Model 206A, 206A-1, 206B, and 206B-1 helicopters, within 
60 days, perform a continuity test and repair the Eaton Tedeco chip 
detector (chip detector), part number (P/N) B3188B, installed in the 
transmission bottom case, in accordance with the ``Test Procedure'', 
Procedure B, and the ``Repair Instructions'' portions of the Tedeco 
Products Alert Service attached to Bell Helicopter Textron (BHTC) 
Alert Service Bulletin (ASB) No. 206-01-96, Revision A, dated May 7, 
2001.
    (b) For 206L, 206L-1, 206L-3, and 206L-4 helicopters:
    (1) Within 60 days, perform a continuity test on, and also 
repair, the chip detector, P/N B3188B, installed in the transmission 
bottom case found on transmission assemblies, P/N 206-040-004-003, 
206-040-004-005, 206-040-004-101, 206-040-004-107, 206-040-004-111, 
or 206-040-004-115, in accordance with the ``Test Procedure'', 
Procedure B, and the ``Repair Instructions'' portions of the Tedeco 
Products Alert Service Bulletin for affected P/N B3188B chip 
detectors, attached to BHTC ASB No. 206L-01-119, Revision A, dated 
May 7, 2001.
    (2) Within 60 days, perform a continuity test and repair the 
chip detector, P/N B4093, installed in the transmission top case 
found on transmission assemblies, P/N 206-040-004-003, 206-040-004-
005, 206-040-004-101, or 206-040-004-111, in accordance with the 
``Test Procedure'', Procedure B, and the ``Repair Instructions'' 
portion of the Tedeco Products Alert Service Bulletin for the 
affected P/N B4093 chip detectors, attached to BHTC ASB No. 206L-01-
119, Revision A, dated May 7, 2001.
    (c) Within 300 hours time-in-service (TIS) after any chip 
detector is repaired, replace the chip detector with a reworked or 
new production airworthy chip detector.
    (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, Safety Management 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, Safety Management Group.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Safety Management Group.

    (e) Special flight permits will not be issued.
    (f) Testing, repairing, and replacing chip detectors shall be 
done in accordance with Bell Helicopter Textron Canada Alert Service 
Bulletins No. 206-01-96, Revision A, and No. 206L-01-119, Revision 
A, both dated May 7, 2001. The Director of the Federal Register 
approved this incorporation by reference 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. 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 August 12, 2003.

    Note 3: The subject of this AD is addressed in Transport Canada 
(Canada) AD No. CF-2001-33, dated August 24, 2001.


    Issued in Fort Worth, Texas, on June 23, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-16686 Filed 7-7-03; 8:45 am]
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