[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Rules and Regulations]
[Pages 29047-29049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11039]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 98 / Thursday, May 20, 2004 / Rules 
and Regulations  

[[Page 29047]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-SW-08-AD; Amendment 39-13637; AD 2004-10-07]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Model 
407 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD) for Bell Helicopter Textron Canada (BHTC) Model 407 helicopters 
which requires a one-time replacement of certain oil cooler blower 
bearings. Also, the existing AD requires adding a limitation and 
caution to the rotorcraft flight manual (RFM) and inspecting, 
replacing, and lubricating certain bearings at specified intervals. 
This amendment adds certain segmented drive shaft bearings to the 
applicability and requires modifying the oil cooler blower inlet ducts 
and airflow shields and replacing certain bearings. Thereafter, this 
amendment requires removing the current temporary limitations and 
inserting revised limitations into the RFM. This amendment also 
requires revising the inspection and lubrication requirements. This 
amendment is prompted by several cases of bearing failure. The addition 
of certain segmented drive shaft bearings is due to two recent 
failures. The actions specified by this AD are intended to prevent 
failure of a bearing, loss of tail rotor drive, and a subsequent loss 
of directional control of the helicopter.

DATES: Effective June 4, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 4, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before July 19, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2004-SW-08-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 76137; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Monica Merritt, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, 
Texas 76193-0111, telephone (817) 222-5115, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On February 10, 2000, the FAA issued AD 
2000-02-12, Amendment 39-11579, (65 FR 8032, February 17, 2000), Docket 
No. 99-SW-79-AD, to require inspecting each oil cooler blower bearing 
for roughness and replacing any rough bearing before further flight. 
That AD was prompted by reports of bearing failure. Subsequently, the 
FAA received additional reports of bearing failures that may have been 
caused by engine exhaust gas ingestion. Therefore, the FAA issued 
superseding Emergency AD 2002-06-52 on March 15, 2002, to require 
replacing certain bearings, adding a limitation and caution to the RFM, 
and at specified intervals inspecting, lubricating, and replacing the 
bearings. That Emergency AD was published as a Final Rule; Request for 
Comments on April 17, 2002 (67 FR 18815). That action was prompted by 
several cases of bearing failures. The requirements of that AD are 
intended to prevent oil cooler blower bearing failure, loss of tail 
rotor drive, and a subsequent forced landing.
    Since issuing that AD, the FAA has received more reports of bearing 
failure. Since the initial reports of in-flight oil cooler bearing 
failures, we have received recent reports of in-flight bearing failures 
occurring on the segmented tail rotor drive shaft. In response to the 
failures, the manufacturer has introduced improvements to the oil 
cooler inlet airflow. Also, the manufacturer prescribes replacing 
bearings, part number (P/N) 406-040-339-ALL, 407-340-339-101 and 407-
340-339-103, with improved bearings, P/N 407-340-339-107. BHTC has 
revised its Alert Service Bulletins for the Model 407 helicopters as 
follows:
     Alert Service Bulletin (ASB) 407-02-54, Revision A, dated 
October 10, 2002, specifies installing the oil cooler blower inlet 
ducts and airflow shields for helicopters, serial number (S/N) 53000 
through 53518 (excluding S/N 53108). Performing the specifications of 
this ASB is considered terminating action to ASB 407-02-49, Revision A, 
dated March 12, 2002.
     ASB 407-04-63, Revision A, dated March 3, 2004, specifies 
replacing bearings, P/N 407-340-339-101 and 407-340-339-103, with 
bearings, 407-340-339-107, and inspecting and lubricating the bearings. 
This ASB supersedes ASB 407-01-44, Revision C, dated September 23, 
2003; ASB 407-01-47, Revision B, dated June 24, 2003; and TB 407-03-43, 
dated September 22, 2003.
    Transport Canada, the airworthiness authority for Canada, notified 
the FAA that an unsafe condition may exist on these helicopters models. 
Transport Canada advises that service history has shown high failure 
rates of bearings, P/N 407-340-339-101 and -103, at the oil cooler 
blower location. Service history also indicates bearings, P/N 407-340-
339-101 and 407-340-339-103, located on the segmented tail rotor drive 
shaft have failed in flight. Transport Canada classified the ASBs as 
mandatory and issued AD CF-2002-18R2, dated November 5, 2003, and

[[Page 29048]]

superseding AD CF-2002-18R3, dated March 26, 2004, to ensure the 
continued airworthiness of these helicopters.
    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 previously described unsafe condition is likely to exist or 
develop on other helicopters of the same type design. The actions must 
be done following the service bulletins described previously. The short 
compliance time involved is required because the previously described 
critical unsafe condition can adversely affect the controllability or 
structural integrity of the helicopter. Therefore, this AD supersedes 
AD 2002-06-52 to require the following actions:
     On or before May 31, 2004, or within 200 hours time-in-
service (TIS), whichever occurs first, modify the oil cooler fairing 
inlet ducts and airflow shields. Also, replace the oil cooler blower 
and segmented shaft bearings, P/N 406-040-339-ALL, 407-340-339-101 and 
407-340-339-103, with improved bearings, P/N 407-340-339-107, and 
replace the warning lubrication decal. Also, replace temporary revision 
(TR)-9, dated January 15, 2002, that contains limitations prohibiting 
operations with a sustained tailwind greater than 5 knots, in the RFM, 
with TR-10, dated July 25, 2002. TR-10 eliminates the limitation on the 
prohibition on tailwind operation in TR-9 because of the incorporation 
of oil cooler blower inlet ducts and bearing airflow shields.
     At specified intervals, inspect bearings, P/N 406-040-339-
ALL, 407-340-339-101, -103, and -107. If the bearing is rough, a seal 
is torn, the expelled grease has turned black, or metal particles are 
visible in the expelled grease, before further flight, replace the 
affected bearings with airworthy bearings, P/N 407-340-339-107, along 
with the modifications to the oil cooler inlet airflow. At specified 
intervals, lubricate the bearings.
    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 this AD will:
     Affect 281 helicopters of U.S. registry;
     Take 50 work hours to modify the oil cooler fairing inlet 
ducts and to install the shields and 6.5 work hours to replace the 
bearings at an average labor rate of $65 per work hour; and
     Cost $6,500 for the 25-hour inspection and lubrication, 
assuming 100 helicopters are affected and must be inspected and 
lubricated once and it takes approximately \1/2\ work hour for each 
lubrication and \1/2\ work hour for each inspection and the average 
labor rate is $65 per work hour.
     Cost $3,419 for parts.
    Based on these figures, we estimate the total cost impact of the AD 
on U.S. operators to be $1,999,212 to modify the entire fleet and 
assuming that the 100-hour repetitive inspections add no additional 
cost.
    The cost impact figure listed above is based on assumptions that no 
operator has yet accomplished any of the requirements of this AD. 
However, numerous operators have previously accomplished the intent of 
this AD; therefore, the cost impact of the AD may be reduced 
accordingly.

Comments Invited

    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 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. 2004-SW-08-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

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 removing Amendment 39-12711 (67 FR 
18815, April 17, 2002), and by adding a new airworthiness directive 
(AD), to read as follows:


[[Page 29049]]


2004-10-07 Bell Helicopter Textron Canada: Amendment 39-13637. 
Docket No. 2004-SW-08-AD. Supersedes AD 2002-06-52, Amendment 39-
12711, Docket No. 2002-SW-08-AD.

    Applicability: Model 407 helicopters, with bearing, part number 
(P/N) 406-040-339-ALL, 407-340-339-101, 407-340-339-103, or 407-340-
339-107 installed on the oil cooler blower bearing assembly or 
segmented tail rotor drive shaft assembly, certificated in any 
category.
    Compliance: Required as indicated.
    (a) Until the oil cooler inlet airflow improvements as required 
by paragraph (c)(1) of this AD have been installed, before further 
flight, unless accomplished previously, and thereafter, at intervals 
not to exceed 25 hours time-in-service (TIS):
    (1) Inspect each oil cooler blower bearing and each segmented 
drive shaft bearing, P/N 406-040-339-ALL, 407-340-339-101, and 407-
340-339-103, by following the Accomplishment Instructions, Part IV, 
paragraph 2.a. through 2.g., of Bell Helicopter Textron Alert 
Service Bulletin (ASB) 407-04-63, Revision A, dated March 3, 2004 
(ASB 407-04-63). If a bearing is rough, a seal is torn, the expelled 
grease has turned black, or metal particles are visible in the 
expelled grease, before further flight:
    (i) Replace with an airworthy bearing, P/N 407-340-339-107, both 
oil cooler blower bearings and each affected segmented drive shaft 
bearing and perform an operational test, and
    (ii) Install the oil cooler inlet airflow improvements as 
required by paragraph (c) of this AD.
    (2) Lubricate each bearing by following the Accomplishment 
Instructions, Part V, paragraph 2. of ASB 407-04-63.
    (b) For helicopters that have installed the oil cooler inlet 
airflow improvements as required by paragraph (c) of this AD, before 
further flight, unless accomplished previously, and thereafter at 
intervals not to exceed 100 hours TIS:
    (1) Inspect each oil cooler blower bearing and each segmented 
drive shaft bearing, P/N 407-340-339-101 and 407-340-339-107, by 
following the Accomplishment Instructions, Part IV, paragraph 2.a. 
through 2.g., of ASB 407-04-63. If a bearing is rough, a seal is 
torn, the expelled grease has turned black, or metal particles are 
visible in the expelled grease, before further flight, replace the 
affected bearing with an airworthy bearing, P/N 407-340-339-107.
    (2) Lubricate each bearing by following the Accomplishment 
Instructions, Part V, paragraph 2., of ASB 407-04-63.
    (c) Unless accomplished previously, on or before May 31, 2004, 
or within 200 hours TIS, whichever occurs first:
    (1) Install oil cooler inlet airflow improvements by following 
the Accomplishment Instructions, Parts I through VI, excluding 
paragraph 4 of Part VI, of ASB 407-02-54, Revision A, dated October 
10, 2002 (ASB 407-02-54).

    Note 1: Bell Helicopter Textron Maintenance Manual BHT-407-MM-7, 
Revision 12, paragraph 65-31. Oil Cooler Blower-Disassembly, 
pertains to removing the bearings and hangers from the oil cooler 
blower.

    (2) Replace each oil cooler blower bearings and each segmented 
drive shaft bearing, P/N 406-040-339-ALL, 407-340-339-101, and 407-
340-339-103, with a bearing, P/N 407-340-339-107, and perform an 
operational test.
    (3) Lubricate each bearing, P/N 407-340-339-107, by following 
the Accomplishment Instructions, Part V, paragraph 2., of ASB 407-
04-63.
    (4) Replace each warning lubrication decal 31-112-2 with decal 
31-116-1 by following the Accomplishment Instructions, Part III, 
paragraphs 1. through 4., of ASB 407-04-63.
    (5) Replace Temporary Revision (TR)--9, dated January 15, 2002, 
that contains limitations prohibiting operations with a sustained 
tailwind greater than 5 knots, in the Rotorcraft Flight Manual. 
Replace TR-9 with TR-10, dated July 25, 2002. TR-10 eliminates 
limitation on the prohibition on tailwind operation in TR-9 because 
of the incorporation of oil cooler blower inlet ducts and bearing 
airflow shields.
    (d) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Safety Management Group, Rotorcraft Directorate, FAA, 
for information about previously approved alternative methods of 
compliance.
    (e) Special flight permits will not be issued.
    (f) The modifications, bearing replacements, inspections, and 
lubrication shall be done following Bell Helicopter Textron Alert 
Service Bulletins 407-02-54, Revision A, dated October 10, 2002, and 
407-04-63, Revision A, dated March 3, 2004. 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, 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 National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 2: The subject of this AD is addressed in Transport Canada 
AD CF-2002-18R3, dated March 26, 2004.

    (g) This amendment becomes effective on June 4, 2004.

    Issued in Fort Worth, Texas, on May 10, 2004.
Kim Smith,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-11039 Filed 5-19-04; 8:45 am]
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