[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Proposed Rules]
[Pages 21855-21857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8755]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0450; Directorate Identifier 2007-SW-39-AD]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada (BHTC) 
Model 230 Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
BHTC Model 230 helicopters. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The aviation authority of Canada, 
with which we have a bilateral agreement, states in the MCAI:

    It has been determined that the existing rigging procedures for 
the tail rotor pitch change mechanism have to be changed due to 
possibility of parts interference.

The cumulative effect of individual part tolerances resulting in the 
total assemblage of those parts being out of tolerance could result in 
the tail rotor yoke striking another part other than the flapping stop 
(parts interference) as cited in the MCAI. Also, the misalignment of 
the tail rotor counterweight bellcrank may result in higher tail rotor 
pedal forces and a higher pilot workload after failure of the No. 1 
hydraulic system. Both parts interference and the misaligned 
counterweight bellcrank create an unsafe condition. The proposed AD 
would require actions that are intended to address these unsafe 
conditions.

DATES: We must receive comments on this proposed AD by May 23, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed AD 
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.
    Examining the Docket: You may examine the AD docket on the Internet 
at http://www.regulations.gov or in person at the Docket Operations 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the economic 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tyrone Millard, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort 
Worth, Texas 76193-0111, telephone (817) 222-5439, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated helicopters.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0450; 
Directorate Identifier 2007-SW-39-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    Transport Canada, which is the aviation authority for Canada, has 
issued Canadian Airworthiness Directive CF-2007-12, dated August 24, 
2007 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for this Canadian-certificated product. The MCAI states:

    It has been determined that the existing rigging procedures for 
the tail rotor pitch change mechanism have to be changed due to 
possibility of parts interference.

    Because the cumulative effect of the tolerances on the various 
parts may result in the total assemblage outboard of the counterweight 
bellcrank being out of tolerance, the tail rotor yoke may contact the 
nut, P/N 222-012-731-001, before contacting the flapping stop, 
resulting in less tail rotor travel. Additionally, the manufacturer has 
indicated that the tail rotor counterweight bellcranks may be 
misaligned, resulting in higher tail rotor pedal forces and higher 
pilot workload after failure of the No. 1 hydraulic system. Both the 
parts interference and the higher pedal forces constitute unsafe 
conditions.
    You may obtain further information by examining the manufacturer's 
service bulletin and the MCAI in the AD docket.

Relevant Service Information

    Bell Helicopter Textron has issued Alert Service Bulletin 230-07-
36, dated January 9, 2007. The actions described in the MCAI are 
intended to correct the same unsafe condition as that identified in the 
service information.

FAA's Determination and Proposed Requirements

    This product has been approved by the aviation authority of Canada, 
and is approved for operation in the United States. Pursuant to our 
bilateral agreement with this State of Design Authority, we have been 
notified of the unsafe condition described in the MCAI and service 
information. We are proposing this AD because we evaluated all 
pertinent information and determined an unsafe condition exists and is 
likely to exist or develop on other helicopters of the same type 
design.

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Differences Between This AD and the MCAI

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. The compliance times in this 
proposed AD differ from the MCAI in that compliance would be required 
within the next 150 hours time-in-service or at the next annual 
inspection, whichever occurs first, instead of ``at the next 150 hour 
or annual inspection but no later than 31 December 2007.'' In making 
these changes, we do not intend to differ substantively from the 
information provided in the MCAI. This difference is highlighted in the 
``Differences Between the FAA AD and the MCAI'' section in the proposed 
AD.

Costs of Compliance

    We estimate that this proposed AD would affect 20 helicopters of 
U.S. registry. We also estimate that it would take about 2 work-hours 
per helicopter to adjust the rigging of the tail rotor pitch change 
mechanism. The average labor rate is $80 per work-hour. A replacement 
yoke would cost about $21,218, assuming the part is no longer under 
warranty. However, because the service information lists this part as 
covered under warranty, we have assumed that there will be no charge 
for this part, if needed. Therefore, as we do not control warranty 
coverage for affected parties, some parties may incur costs higher than 
estimated here. Based on these assumptions and figures, we estimate the 
cost of the proposed AD on U.S. operators to be $3,200, or $160 per 
helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Bell Helicopter Textron Canada: Docket No. FAA-2008-0450; 
Directorate Identifier 2007-SW-39-AD.

Comments Due Date

    (a) We must receive comments by May 23, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bell Helicopter Textron Canada (BHTC) 
Model 230 helicopters, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been determined that the existing rigging procedures for 
the tail rotor pitch change mechanism have to be changed due to 
possibility of parts interference.

    This ``possibility of parts interference'' occurs because the 
cumulative effect of the tolerances on the various parts may result 
in the total assemblage outboard of the counterweight bellcrank 
being out of tolerance and the tail rotor yoke may contact nut, P/N 
222-012-737-001, before contacting the flapping stop. Further, the 
manufacturer has indicated that the tail rotor counterweight 
bellcranks may be misaligned resulting in higher tail rotor pedal 
forces and higher pilot workload after failure of the No. 1 
hydraulic system. Both the parts interference and the higher pedal 
forces constitute unsafe conditions.
    (e) Within the next 150 hours time-in-service (TIS) or at the 
next annual inspection, whichever occurs first, unless already done, 
do the following actions.
    (1) Adjust the rigging of the tail rotor pitch change mechanism 
in accordance with the Accomplishment Instructions, Paragraphs 1 and 
2, in Bell Helicopter Textron Alert Service Bulletin 230-07-36, 
dated January 9, 2007 (ASB).
    (2) If either at full left pedal position or full right pedal 
position a gap exists between the tail rotor yoke and the flapping 
stop, replace the tail rotor yoke with an airworthy tail rotor yoke.
    (3) If no gap exists between the tail rotor yoke and the 
flapping stop at either full right or full left pedal position, 
measure the gap between the tail rotor yoke and nut, P/N 222-012-
731-001, adjust the tail rotor pitch change mechanism, and adjust 
the tail rotor pedal forces in accordance with the Accomplishment 
Instructions, Paragraphs 4. through 6. of the ASB.

Differences Between the FAA AD and the MCAI

    (f) This AD requires compliance within the next 150 hours TIS or 
at the next annual inspection, whichever occurs first, instead of 
``at the next 150 hour or annual inspection but no later than 31 
December 2007.''

Subject

    (g) Air Transport Association of America (ATA) Code JASC 6720, 
Tail Rotor Control System, Tail Rotor Pitch Change.

Other Information

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19. 
Send information to ATTN: Tyrone Millard, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0111, telephone (817) 222-5439, fax (817) 222-5961.
    (2) Airworthy Product: Use only FAA-approved corrective actions. 
Corrective actions are considered FAA-approved if they are approved 
by the State of Design Authority (or their delegated agent) if the 
State of Design has an appropriate bilateral agreement with the 
United States. You are required to assure the product is airworthy 
before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the

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provisions of the Paperwork Reduction Act, the Office of Management 
and Budget (OMB) has approved the information collection 
requirements and has assigned OMB Control Number 2120-0056.

Related Information

    (i) MCAI Transport Canada Airworthiness Directive CF-2007-12, 
dated August 24, 2007, contains related information.

    Issued in Fort Worth, Texas, on April 14, 2008.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-8755 Filed 4-22-08; 8:45 am]
BILLING CODE 4910-13-P