[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Rules and Regulations]
[Pages 17593-17595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8573]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0350; Directorate Identifier 2009-SW-07-AD; 
Amendment 39-15885; AD 2009-07-52]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Limited 
Model 206A Series, 206B Series, 206L Series, 407, and 427 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2009-07-52 and supersedes 
Emergency AD 2009-07-51, issued March 17, 2009, which was sent 
previously to all known U.S. owners and operators of Bell Helicopter 
Textron Canada Limited (Bell) Model 206A series, 206B series, 206L 
series, 407, and 427 helicopters by individual letters. This AD 
requires, before further flight, inspecting each cyclic control lever 
assembly (lever assembly) that has less than 50 hours time-in-service 
(TIS) to determine if it is correctly installed and properly staked in 
the lever assembly. This amendment is prompted by a Transport Canada AD

[[Page 17594]]

report of a bearing incorrectly installed in the copilot lever 
assembly. The actions specified by this AD are intended to prevent 
failure of a bearing, failure of the lever assembly, and subsequent 
loss of control of the helicopter.

DATES: Effective May 1, 2009, to all persons except those persons to 
whom it was made immediately effective by Emergency AD 2009-07-52, 
issued on March 19, 2009, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before June 15, 2009.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     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 AD from Bell 
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, telephone 
(817) 280-3391, fax (817) 280-6466, or at http://www.bellcustomer.com/files/.
    Examining the Docket: You may examine the docket that contains the 
AD, any comments, and other information 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 Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION: On March 17, 2009, we issued Emergency AD 
2009-07-51. The Emergency AD required, before further flight, 
inspecting each lever assembly to determine if it was correctly 
installed and properly staked in the lever assembly. Replacing any 
bearing that was incorrectly installed or improperly staked in the 
lever assembly was also required before further flight. Emergency AD 
2009-07-51 was prompted by a Transport Canada AD report of a bearing 
incorrectly installed in the copilot lever assembly. Investigation 
revealed that, although the inspection witness marks were applied on 
the bearing, it had not been properly staked during manufacture of the 
lever assembly. That condition, if not detected, could result in 
failure of a bearing, failure of a lever assembly, and subsequent loss 
of control of the helicopter.
    Emergency AD 2009-07-51 applied to all Bell Model 206A series, 206B 
series, 206L series, 407, and 427 helicopters with a lever assembly, 
part number (P/N) 206-001-401-111, 206-001-400-115, 206-001-400-111, 
407-001-320-105 or 407-001-320-109, installed. After we issued 
Emergency AD 2009-07-51, we determined that we should have limited the 
applicability of Emergency AD 2009-07-51 to lever assemblies with less 
than 50 hours. Therefore, we issued superseding Emergency AD 2009-07-52 
to retain all of the requirements of Emergency AD 2009-07-51 but to 
reduce the applicability to only those helicopters with lever 
assemblies that have less than 50 hours TIS that may be affected by the 
unsafe condition.
    We have reviewed Bell Alert Service Bulletin (ASB) No. 206-09-121, 
No. 206L-09-155, No. 407-09-85, and No. 427-09-23, all dated March 10, 
2009. The ASBs specify that a certain bearing was installed incorrectly 
on the copilot lever assembly. The ASBs specify, before further flight, 
inspecting certain serial-numbered Bell helicopters for correct 
installation of the bearing.
    Transport Canada, the airworthiness authority for Canada, notified 
us that an unsafe condition may exist on certain helicopters with less 
than 50 flight hours or with a lever assembly installed within the last 
50 flight hours. Transport Canada advises that ``it is possible that an 
incorrectly installed bearing could be found in any helicopter with a 
cyclic control lever assembly recently installed.'' Failure of the 
lever assembly could lead to loss of control of the helicopter. 
Transport Canada classified the ASBs as mandatory and issued AD No. CF-
2009-10, dated March 12, 2009, to ensure the continued airworthiness of 
these helicopters in Canada.
    These helicopter models are manufactured in Canada and are 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 us informed 
of the situation described above. We have examined the findings of 
Transport Canada, reviewed all available information, and determined 
that AD action is necessary for products of these type designs that are 
certificated for operation in the United States.
    Since the unsafe condition described is likely to exist or develop 
on other Bell Model 206A series, 206B series, 206L series, 407, and 427 
helicopters of the same type design, we issued Emergency AD 2009-07-52 
to prevent failure of a bearing, failure of the lever assembly, and 
subsequent loss of control of the helicopter. The Emergency AD 
requires, for those helicopters with lever assemblies that have less 
than 50 hours TIS, before further flight, inspecting each lever 
assembly, P/N 206-001-401-111, 206-001-400-115, 206-001-400-111, 407-
001-320-105 or 407-001-320-109, to determine if the bearing, P/N 206-
301-051-101, is correctly installed and properly staked in the lever 
assembly. Replacing any bearing that is incorrectly installed or 
improperly staked in the lever assembly is also required before further 
flight. The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
structural integrity of the helicopter. Therefore, the actions 
previously described are required before further flight, and this AD 
must be issued immediately.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on March 19, 2009 to all known U.S. owners and operators of Bell 
Model 206A series, 206B series, 206L series, 407, and 427 helicopters. 
These conditions still exist, and the AD is hereby published in the 
Federal Register as an amendment to 14 CFR 39.13 to make it effective 
to all persons.
    We estimate that this AD will affect 2,715 helicopters of U.S. 
registry. The required actions will take approximately 3 work hours per 
helicopter to accomplish at an average labor rate of $80 per work hour. 
Required parts will cost approximately $413 per helicopter. Based on 
these figures, we estimate the total cost impact of the AD on U.S. 
operators to be $1,772,895, assuming that each helicopter has a bearing 
that needs to be replaced.

[[Page 17595]]

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any written data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2009-0350; Directorate 
Identifier 2009-SW-07-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of the AD. We will consider all 
comments received by the closing date and may amend the AD in light of 
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 
with FAA personnel concerning this AD. Using the search function of our 
docket web site, you can find and read the comments to any of our 
dockets, including the name of the individual who sent the comment. You 
may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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 AD. See the AD docket to examine the economic evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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:

2009-07-52 Bell Helicopter Textron Canada Limited: Amendment 39-
15885. Docket No. FAA-2009-0350, Directorate Identifier 2009-SW-07-
AD. Supersedes AD 2009-07-51, Directorate Identifier 2009-SW-06-AD.

    Applicability: Bell Model 206A series, 206B series, and 206L 
series helicopters with a cyclic control lever assembly (lever 
assembly), part number (P/N) 206-001-401-111, 206-001-400-115, or 
206-001-400-111, with less than 50 hours time-in-service (TIS) and 
Model 407 and 427 helicopters with a lever assembly, P/N 407-001-
320-105 or 407-001-320-109, with less than 50 hours TIS, 
certificated in any category.
    Compliance: Required before further flight, unless accomplished 
previously.
    To prevent failure of a bearing, failure of the lever assembly, 
and subsequent loss of control of the helicopter, do the following:
    (a) Inspect the lever assembly and determine if the bearing, P/N 
206-301-051-101, is correctly installed and properly staked in the 
lever assembly.
    (b) Replace any bearing that is incorrectly installed or 
improperly staked in the lever assembly.

    Note 1:  Bell Alert Service Bulletin (ASB) No. 206-09-121 for 
the Model 206A and 206B series, No. 206L-09-155 for the Model 206L 
series, No. 407-09-85 for the Model 407, and No. 427-09-23, for the 
Model 427, pertain to the subject of this AD. All of the ASBs are 
dated March 10, 2009.

    (c) 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 Manager, Safety Management Group, FAA, ATTN: Sharon 
Miles, Aviation Safety Engineer, Rotorcraft Directorate, Fort Worth, 
Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-5961, for 
information about previously approved alternative methods of 
compliance.
    (d) Special flight permits will not be issued.
    (e) This amendment becomes effective on May 1, 2009, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2009-07-52, issued March 19, 2009, which 
contained the requirements of this amendment.

    Note 2:  The subject of this AD is addressed in Transport Canada 
AD CF-2009-10, dated March 12, 2009.


    Issued in Fort Worth, Texas, on April 9, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E9-8573 Filed 4-15-09; 8:45 am]
BILLING CODE 4910-13-P