[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Rules and Regulations]
[Pages 65684-65686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29427]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1123; Directorate Identifier 2009-SW-03-AD; 
Amendment 39-16127; AD 2009-25-08]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada (BHTC) 
Model 407 and Model 427 Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
BHTC Model 407 and Model 427 helicopters. This AD results from 
mandatory continuing airworthiness information (MCAI) ADs issued by the 
aviation authority of Canada. The MCAI ADs state that some hydraulic 
pump driveshaft assemblies may have been delivered with a missing 
internal plug or fastening rivet. This condition, if not corrected, 
could result in a loss of hydraulic pressure and subsequent loss of 
control of the helicopter.

DATES: This AD becomes effective on December 28, 2009.
    We must receive comments on this AD by February 9, 2010.

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 your 
comments electronically.
     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 Canada Limited, 12,800 Rue de l'Avenir, Mirabel, 
Quebec J7J1R4, telephone (450) 437-2862 or (800) 363-8023, fax (450) 
433-0272, or at http://www.bellcustomer.com/files/.
    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 AD, the economic evaluation, any 
comments received, and other information. The street address for the 
Docket Operations office (telephone (800) 647-5527) is stated in the 
ADDRESSES section of this AD. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Uday Garadi, 
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, Regulations 
and Guidance Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada, which is the aviation authority for Canada, has 
issued Canadian AD No. CF-2009-03, dated January 22, 2009, to correct 
an unsafe condition for BHTC Model 407 helicopters, serial numbers (S/
N) 53000 through 53408, and S/N 53421 through 53459. Transport Canada 
has also issued Canadian AD No. CF-2009-04, dated January 22, 2009, to 
correct an unsafe condition for Model 427 helicopters, S/N 56001 
through 56046. These MCAI ADs state that helicopters with hydraulic 
pump input shaft, part number (P/N) 407-340-107-101, and interconnect 
adapter, P/N 407-340-108-101, that were installed in accordance with 
BHTC Technical Bulletin (TB) No. 407-01-30, Revision A, dated May 21, 
2003 (for Model 407 helicopters), or TB No. 427-05-19, dated January 7, 
2005 (for Model 427

[[Page 65685]]

helicopters), are not affected by the MCAI ADs. The MCAI ADs further 
state that some hydraulic pump driveshaft assemblies, P/N 406-040-072-
105, may have been delivered with a missing internal plug or fastening 
rivet. This condition, if not corrected, could result in a loss of 
hydraulic pressure and subsequent loss of control of the helicopter.
    You may obtain further information by examining the MCAI ADs and 
any related service information in the AD docket.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of 
Canada, and are approved for operation in the United States. Pursuant 
to our bilateral agreement with Canada, they have notified us of the 
unsafe condition described in the MCAI ADs. We are issuing this AD 
because we evaluated all information provided by Transport Canada and 
determined the unsafe condition exists and is likely to exist or 
develop on other helicopters of these same type designs.

Differences Between This AD and the MCAI ADs

    This AD differs from MCAI AD No. CF-2009-03, applicable to Model 
407 helicopters, and MCAI AD No. CF-2009-04, applicable to Model 427 
helicopters, both dated January 22, 2009, which require compliance with 
a part of the BHTC service information that specifies inspecting 
``spares stock'', and also require attaching a ``serviceable'' tag to 
parts in inventory. This AD does not require either of those actions. 
Also, the compliance section of this AD refers to ``50 hours time-in-
service'' instead of ``50 hours air time,'' which is used in both of 
the MCAI ADs. Further, the MCAI ADs require performing actions in 
accordance with the BHTC alert service and technical bulletins or later 
revisions approved by the Chief, Continuing Airworthiness, Transport 
Canada. The BHTC alert service and technical bulletins describe 
additional inspections for wear that are not required by this AD; we 
have listed those bulletins in the ``Related Information'' section of 
this AD. Finally, the MCAI AD for the Model 427 helicopter applies to 
S/N 58001 and S/N 58002. Per U.S. Type Certificate R00001RC, neither of 
these helicopters is eligible for an FAA Airworthiness Certificate and 
thus, this AD does not apply to them.

Costs of Compliance

    We estimate that this AD will affect about 259 BHTC Model 407 
helicopters and 16 BHTC Model 427 helicopters of U.S. registry. We also 
estimate that it will take about 1.5 work-hours per helicopter to 
perform a one-time inspection of the hydraulic pump driveshaft 
assembly, P/N 406-040-072-105, to determine the presence of the 
internal plug in the center of the driveshaft, as well as the fastening 
rivet that holds the internal plug in place, and 1 work-hour to install 
a replacement shaft and adapter, if necessary. The average labor rate 
is $80 per work-hour. Required parts will cost about $1,850 per 
helicopter, to install an input shaft and adapter, if needed. Based on 
these figures, we estimate the cost of this AD on U.S. operators will 
be $563,750 or $2,050 per helicopter to inspect and replace parts.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. We find that the risk to the flying public justifies waiving 
notice and comment prior to adoption of this rule because a hydraulic 
pump driveshaft assembly with a missing internal plug or fastening 
rivet could result in a loss of hydraulic pressure and subsequent loss 
of control of the helicopter. Because the compliance time to correct 
this unsafe condition is short, we have determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. However, we invite you to send us any written data, views, or 
arguments concerning this AD. Send your comments to an address listed 
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2009-
1123; Directorate Identifier 2009-SW-03-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because 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 we 
receive about this AD.

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 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.
    Therefore, I certify this AD:
    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 and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:


[[Page 65686]]


    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-25-08 Bell Helicopter Transport Canada: Amendment 39-16127. 
Docket No. FAA-2009-1123; Directorate Identifier 2009-SW-03-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
December 28, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 407 helicopters, serial numbers (S/
N) 53000 through 53408, and S/N 53421 through 53459, and Model 427 
helicopters, S/N 56001 through 56046, certificated in any category. 
This AD does not apply to helicopters with hydraulic pump input 
shaft, part number (P/N) 407-340-107-101, and interconnect adapter, 
P/N 407-340-108-101, which is a direct replacement for hydraulic 
pump driveshaft assembly, P/N 406-040-072-105, and the subject of 
this AD.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
ADs state that some hydraulic pump driveshaft assemblies, P/N 406-
040-072-105, may have been delivered with a missing internal plug or 
fastening rivet. This condition, if not corrected, could result in a 
loss of hydraulic pressure and subsequent loss of control of the 
helicopter.

Actions and Compliance

    (e) During the next driveshaft lubrication, or within 50 hours 
time-in-service or 30 calendar days, whichever occurs first, unless 
already accomplished, do the following:
    (1) Perform a one-time inspection of the hydraulic pump 
driveshaft assembly, P/N 406-040-072-105, to determine if an 
internal plug and a fastening rivet are correctly installed.
    (2) If either the internal plug, P/N 406-040-094-101, or the 
fastening rivet, P/N MS20613-3P10, is not installed, replace the 
hydraulic pump driveshaft assembly, P/N 406-040-072-105, with an 
airworthy hydraulic pump input shaft, P/N 407-340-107-101, and 
interconnect adapter, P/N 407-340-108-101.

Differences Between This AD and the MCAI ADs

    (f) This AD differs from MCAI AD No. CF-2009-03, applicable to 
Model 407 helicopters, and MCAI AD No. CF-2009-04, applicable to 
Model 427 helicopters, both dated January 22, 2009, which require 
compliance with a part of the BHTC service information that 
specifies inspecting ``spares stock'', and also require attaching a 
``serviceable'' tag to parts in inventory. This AD does not require 
either of those actions. Also, the compliance section of this AD 
refers to ``50 hours time-in-service'' instead of ``50 hours air 
time,'' which is used in both of the MCAI ADs. Further, the MCAI ADs 
require performing actions in accordance with the BHTC alert service 
and technical bulletins or later revisions approved by the Chief, 
Continuing Airworthiness, Transport Canada. The BHTC alert service 
and technical bulletins describe additional inspections for wear 
that are not required by this AD; we have listed those bulletins in 
the ``Related Information'' section of this AD. Finally, the MCAI AD 
for the Model 427 helicopter applies to S/N 58001 and S/N 58002. Per 
U.S. Type Certificate R00001RC, neither of these helicopters is 
eligible for an FAA Airworthiness Certificate and thus, this AD does 
not apply to them.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, ATTN: Uday Garadi, Aviation Safety 
Engineer, Rotorcraft Directorate, Regulations and Guidance Group, 
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-
5123, fax (817) 222-5961, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.
    (h) For service information identified in this AD, contact Bell 
Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, 
Quebec J7J1R4, telephone (450) 437-2862 or (800) 363-8023, fax (450) 
433-0272, or at http://www.bellcustomer.com/files/.

Related Information

    (i) Transport Canada MCAI Airworthiness Directive AD No. CF-
2009-03 and No. CF-2009-04, both dated January 22, 2009; and Bell 
Helicopter Textron Canada Alert Service Bulletin No. 407-08-83, 
dated May 22, 2008, Alert Service Bulletin No. 427-08-22, dated June 
26, 2008, Technical Bulletin No. 407-01-30, Revision A, dated May 
21, 2003, and Technical Bulletin No. 427-05-19, dated January 7, 
2005 contain related information.

Joint Aircraft System/Component (JASC) Code

    (j) JASC Code 2913: Hydraulic Pump, main.

    Issued in Fort Worth, Texas, on November 19, 2009.
Gary B. Roach,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-29427 Filed 12-10-09; 8:45 am]
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