[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73235-73238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26031]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / 
Rules and Regulations  

[[Page 73235]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0992 Project Identifier MCAI-2022-00173-R; 
Amendment 39-22229; AD 2022-23-02]
RIN 2120-AA64


Airworthiness Directives; Bell Textron Canada Limited (Type 
Certificate Previously Held by Bell Helicopter Textron Canada Limited) 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 99-23-18, 
AD 2005-03-07, AD 2013-12-07, and AD 2014-04-07, which applied to 
certain Bell Helicopter Textron Canada (now Bell Textron Canada 
Limited) Model 407 helicopters. AD 99-23-18 required revising the life 
limits for certain parts, replacing each part that had exceeded its 
life limit, and revising the Airworthiness Limitation Section (ALS) of 
the existing maintenance manual. AD 2005-03-07 required establishing a 
maximum accumulated Retirement Index Number (RIN) count for certain 
crosstube assemblies and revising the ALS of the existing maintenance 
manual. AD 2013-12-07 required inspecting the tailboom assembly for a 
crack, loose rivet, or other damage and depending on the inspection 
results, replacing certain parts. AD 2014-04-07 required preflight 
checking, repetitively inspecting for a crack in certain tailbooms, 
modifying and re-identifying certain tailbooms, installing an improved 
horizontal stabilizer assembly, and revising the ALS of the existing 
maintenance manual. Since the FAA issued those ADs, a report was 
received of a crack on the tailboom lower skin due to fatigue damage 
and new and more restrictive airworthiness limitations have been 
issued. This AD was prompted by a report of a crack on the tailboom 
lower skin due to fatigue damage and the issuance of new and more 
restrictive airworthiness limitations. This AD requires incorporating 
into existing maintenance records requirements (airworthiness 
limitations) as specified in the ALS service information. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 3, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 3, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0992; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, any comments received, and other 
information. The address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact Bell Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, 
Quebec J7J 1R4, Canada; telephone 1-450-437-2862 or 1-800-363-8023; fax 
1-450-433-0272; email [email protected]; or at 
bellflight.com/support/contact-support.
     You may view this service information at the FAA, Office 
of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110. It is also available at 
regulations.gov under Docket No. FAA-2022-0992.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7330; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 99-23-18, Amendment 39-11414 (64 FR 61784, 
November 15, 1999) (AD 99-23-18), AD 2005-03-07, Amendment 39-13963 (70 
FR 7016, February 10, 2005) (AD 2005-03-07), AD 2013-12-07, Amendment 
39-17485 (78 FR 38546, June 27, 2013) (AD 2013-12-07), and AD 2014-04-
07, Amendment 39-17766 (79 FR 35481, June 23, 2014) (AD 2014-04-07).
    AD 99-23-18 applied to all Bell Helicopter Textron Canada (now Bell 
Textron Canada Limited) Model 407 helicopters. AD 99-23-18 was prompted 
by an engineering evaluation of additional flight test data, which 
resulted in redefining the service life for certain parts and revising 
the ALS of the existing maintenance manual. AD 99-23-18 required 
revising the life limits for certain parts, and replacing each part 
that had exceeded its life limit with an airworthy part. AD 99-23-18 
also required revising the ALS of the existing maintenance manual to 
reflect these new life limits and annotating the component history card 
or equivalent record with the revised life limits.
    AD 2005-03-07 applied to Bell Helicopter Textron Canada (now Bell 
Textron Canada Limited) Model 407 helicopters with certain part-
numbered landing gear crosstube assemblies installed. AD 2005-03-07 was 
prompted by fatigue testing, analysis, and evaluation by the 
manufacturer that determined that run-on landings impose a high stress 
on landing gear or crosstubes and may cause cracking in the area above 
the skid tube saddle. AD 2005-03-07 required establishing a component 
history card or equivalent record, converting accumulated run-on 
landings to an accumulated RIN count, and establishing a maximum 
accumulated RIN for certain crosstube assemblies. AD 2005-03-07 also 
required replacing any crosstube assembly before it exceeds the maximum 
RIN life limit and revising the ALS of the existing maintenance manual 
to reflect this new life limit.
    AD 2013-12-07 applied to Bell Helicopter Textron Canada (now Bell 
Textron Canada Limited) Model 407 helicopters with certain part-
numbered tailboom assemblies installed. AD 2013-12-07 was prompted by a 
stress analysis of the tailboom skin that revealed that

[[Page 73236]]

high-stress-concentration areas are susceptible to skin cracking. AD 
2013-12-07 required, for certain tailboom assemblies, inspecting the 
tailboom assembly for a crack or inspecting for a crack around each 
fastener and above the edge of the upper stabilizer support. AD 2013-
12-07 also required, for certain tailboom assemblies, inspecting the 
tailboom assembly for a crack by using either a 10X or higher power 
magnifying glass, or by eddy current inspecting.
    Additionally, AD 2013-12-07 required inspecting the tailboom 
assembly for a crack, loose rivet, or other damage, and depending on 
the inspection results, replacing the tailboom assembly with an 
airworthy part.
    AD 2014-04-07 applied to Bell Helicopter Textron Canada (now Bell 
Textron Canada Limited) Model 407 helicopters serial numbers (S/Ns) 
53000 through 53475, with certain part-numbered tailbooms installed. AD 
2014-04-07 was prompted by additional reports of cracked tailboom 
skins. AD 2014-04-07 required for certain part-numbered tailbooms that 
have not been modified, conducting daily preflight checks of the 
tailboom for a crack; and for certain tailbooms, visually inspecting 
the tailboom for a crack using a 10X or higher power magnifying glass, 
modifying and re-identifying certain part-numbered tailbooms, and 
installing an improved horizontal stabilizer assembly. AD 2014-04-07 
also required, for certain part-numbered tailbooms, after the 
modification, establishing a component history card or equivalent 
record, and revising the existing ALS of the maintenance manual to 
reflect a new life limit.
    Additionally, AD 2014-04-07 required, for certain part-number 
tailbooms, daily visual inspections of the tailboom for a crack, and 
using a 10X or higher power magnifying glass, inspecting each tailboom 
for a loose rivet, crack, skin corrosion, or any other damage. 
Depending on the inspection results, AD 2014-04-07 required corrective 
actions, including, if there is a crack, replacing the tailboom 
assembly.
    The NPRM published in the Federal Register on August 15, 2022 (87 
FR 50005). The NPRM was prompted by Transport Canada AD CF-2021-34, 
dated October 22, 2021 (Transport Canada AD CF-2021-34), issued by 
Transport Canada, which is the aviation authority for Canada, to 
correct an unsafe condition for Bell Textron Canada Limited Model 407 
helicopters, S/N 53000 through 53900, 53911 through 54166, and 54300 
and subsequent. Transport Canada advises of a report of a crack on the 
tailboom lower skin due to fatigue damage, which could affect the 
structural integrity of the tailboom. Transport Canada advises that 
Bell Textron Canada Limited issued a revision to the ALS, which adds a 
new inspection zone for tailboom assemblies to address the unsafe 
condition. Accordingly, Transport Canada AD CF-2021-34 requires 
compliance with Bell BHT-407-MPI, Chapter 04, ALS, Issue 3, dated June 
21, 2021, of Bell Model 407 Maintenance Planning Information, PMC-407-
97499-01000-00, Issue No. 005, dated July 6, 2022 (BHT-407-MPI, ALS 
Issue 3), which includes maintenance tasks and life limits for the 
tailboom and other parts. The FAA is issuing this AD to address the 
unsafe condition on these products.
    You may examine the Transport Canada AD in the AD docket at 
regulations.gov under Docket No. FAA-2022-0992.

Relationship Between AD 99-23-18, AD 2005-03-07, AD 2013-12-07, AD 
2014-04-07, and This AD

    AD 99-23-18 and AD 2005-03-07 were prompted by unsafe conditions 
not related to the tailboom crack that prompted this AD. However, the 
actions required to address the unsafe conditions in AD 99-23-18 and AD 
2005-03-07 are included in BHT-407-MPI, ALS Issue 3. Therefore, the FAA 
is superseding AD 99-23-18, AD 2005-03-07, AD 2013-12-07, and AD 2014-
04-07, in order to reduce the burden on operators by requiring 
compliance with a single AD in lieu of multiple FAA ADs.
    AD 99-23-18 required reducing the life limit for drive ring set 
part number (P/N) 406-010-126-107 from 49,000 RIN to 48,000 RIN, and 
replacing each part that has exceeded its life limit. BHT-407-MPI, ALS 
Issue 3 states the life limit for drive ring set P/N 406-010-126-107 is 
100,000 RIN.
    AD 2005-03-07 required establishing a maximum accumulated RIN for 
certain crosstube assemblies of 5,000 RIN and replacing any crosstube 
assembly before it exceeds the maximum accumulated RIN. BHT-407-MPI, 
ALS Issue 3 adds an additional life limit to certain part-numbered 
crosstube assemblies of 2,500 landings or 5,000 RIN.
    AD 2013-12-07 required for certain part-numbered tailboom 
assemblies and with certain hours TIS, inspecting the tailboom assembly 
for a crack. AD 2013-12-07 also required either inspecting using a 10X 
or higher power magnifying glass and thereafter repeating that 
inspection or eddy current inspecting and thereafter repeating the eddy 
current inspection. Additionally, AD 2013-12-07 required inspecting the 
tailboom assembly for a loose rivet, crack, or other damage.
    BHT-407-MPI, ALS Issue 3 adds tailboom assembly P/N 407-530-013-105 
and successive dash numbers, and also specifies for tailboom assembly 
P/N 407-530-013-105 and successive dash numbers and P/N 407-030-801-201 
and successive dash numbers, inspecting for a crack; and for certain 
tailbooms inspecting using a 10X magnifying glass inspection method, or 
eddy current inspecting; and for certain tailboom assemblies, 
inspecting for a crack either with a daily visual inspection or with a 
10X magnifying glass inspection method. Additionally, BHT-407-MPI, ALS 
Issue 3 specifies additional inspection zones, intervals, and criteria.
    AD 2014-04-07 required modifying and re-identifying certain part-
numbered tailbooms, and for these re-identified tailbooms, establishing 
a retirement life of 5,000 hours TIS, daily checks for a crack, and 
recurring inspections using a 10X or higher power magnifying glass for 
a loose rivet, a crack, skin corrosion, or other damage. BHT-407-MPI, 
ALS Issue 3 specifies for tailboom P/N 407-530-014-101 and successive 
dash numbers, and P/N 407-030-801-107 and successive dash numbers, 
daily and recurring inspections for a crack. BHT-407-MPI, ALS Issue 3 
also revises the inspection areas.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    These helicopters have been approved by the aviation authority of 
Canada and are approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with Canada, Transport Canada, its 
technical representative, has notified the FAA of the unsafe condition 
described in its AD. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on these 
helicopters. This AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed BHT-407-MPI, ALS Issue 3, which specifies certain 
actions and associated thresholds and

[[Page 73237]]

intervals, including life limits and maintenance tasks. These 
requirements (airworthiness limitations) include new inspection zones 
and new maintenance tasks (e.g., inspections for cracks) with new 
compliance times.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

ADs Mandating Airworthiness Limitations

    The FAA has previously mandated airworthiness limitations by 
mandating each airworthiness limitation task (e.g., inspections and 
replacements (life limits)) as an AD requirement or issuing ADs that 
require revising the ALS of the existing maintenance manual or 
instructions for continued airworthiness to incorporate new or revised 
inspections and life limits. This AD, however, requires operators to 
incorporate into maintenance records required by 14 CFR 91.417(a)(2) or 
135.439(a)(2), as applicable for your rotorcraft, the requirements 
(airworthiness limitations) identified in the ALS service information, 
as described previously. The FAA does not intend this as a substantive 
change. For these ADs, the ALS requirements for operators are the same 
but are complied with differently. Requiring the incorporation of the 
new ALS requirements into the existing maintenance records, rather than 
requiring individual ALS tasks (e.g., repetitive inspections and 
replacements), requires operators to record AD compliance once after 
updating the maintenance records, rather than after every time the ALS 
task is completed.

Differences Between This AD and the Transport Canada AD or the Service 
Information

    Transport Canada AD CF-2021-34 does not supersede any previously 
issued Transport Canada ADs, whereas this AD supersedes FAA AD 99-23-
18, AD 2005-03-07, AD 2013-12-07, and AD 2014-04-07. The airworthiness 
limitations specified in Transport Canada AD CF-2021-34 encompass the 
requirements of AD 99-23-18, AD 2005-03-07, AD 2013-12-07, and AD 2014-
04-07.
    Additionally, Transport Canada AD CF-2021-34 is applicable to 
certain serial-numbered Bell Textron Canada Limited Model 407 
helicopters, whereas this AD is applicable to all serial-numbered Model 
407 helicopters.
    The service information specifies replacing each component before 
exceeding the applicable airworthiness life limit, accomplishing all 
applicable maintenance tasks within the defined thresholds and 
intervals, and performing the specified corrective action(s) if a 
defect is found during the inspection, whereas this AD requires 
incorporating requirements (airworthiness limitations) into existing 
maintenance records within 30 days after the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD affect 791 helicopters of U.S. 
registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    Incorporating requirements (airworthiness limitations) into 
existing maintenance records takes about 2 work-hours for an estimated 
cost of $170 per helicopter and $134,470 for the U.S. fleet.

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.
    The FAA is 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

    The FAA has 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    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:

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 99-23-18, Amendment 39-11414 (64 FR 
61784, November 15, 1999); Airworthiness Directive 2005-03-07, 
Amendment 39-13963 (70 FR 7016, February 10, 2005); Airworthiness 
Directive 2013-12-07, Amendment 39-17485 (78 FR 38546, June 27, 2013); 
and Airworthiness Directive 2014-04-07, Amendment 39-17766 (79 FR 
35481, June 23, 2014); and
0
b. Adding the following new airworthiness directive:

2022-23-02 Bell Textron Canada Limited (Type Certificate Previously 
Held by Bell Helicopter Textron Canada Limited): Amendment 39-22229; 
Docket No. FAA-2022-0992; Project Identifier MCAI-2022-00173-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 3, 2023.

(b) Affected ADs

    This AD replaces the ADs specified in paragraphs (b)(1) through 
(4) of this AD.
    (1) AD 99-23-18, Amendment 39-11414 (64 FR 61784, November 15, 
1999).
    (2) AD 2005-03-07, Amendment 39-13963 (70 FR 7016, February 10, 
2005).
    (3) AD 2013-12-07, Amendment 39-17485 (78 FR 38546, June 27, 
2013).
    (4) AD 2014-04-07, Amendment 39-17766 (79 FR 35481, June 23, 
2014).

    Note 1 to paragraph (b): The requirements of this AD capture the 
latest tasks and life limits required to prevent the unsafe 
conditions addressed by the ADs that are identified in paragraphs 
(b)(1) through (4) of this AD.

(c) Applicability

    This AD applies to all Bell Textron Canada Limited (type 
certificate previously held by Bell Helicopter Textron Canada 
Limited) Model 407 helicopters, certificated in any category.

[[Page 73238]]

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 5300, Fuselage 
Structure.

(e) Unsafe Condition

    This AD was prompted by a report of a crack on the tailboom 
lower skin due to fatigue damage and the issuance of new and more 
restrictive airworthiness limitations. The FAA is issuing this AD to 
prevent failure of a part, which could result in loss of control of 
the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 30 days after the effective date of this AD, incorporate 
into maintenance records required by 14 CFR 91.417(a)(2) or 
135.439(a)(2), as applicable for your helicopter, the requirements 
(airworthiness limitations) specified in Bell BHT-407-MPI, Chapter 
04, Airworthiness Limitations Schedule, Issue 3, dated June 21, 
2021, of Bell Model 407 Maintenance Planning Information, PMC-407-
97499-01000-00, Issue No. 005, dated July 6, 2022.

(h) Provisions for Alternative Requirements (Airworthiness Limitations)

    After the actions required by paragraph (g) of this AD have been 
done, no alternative requirements (airworthiness limitations) are 
allowed unless they are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (j)(1) of this AD.

(i) Special Flight Permits

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided no passengers are onboard.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (k)(1) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    (1) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].
    (2) The subject of this AD is addressed in Transport Canada AD 
CF-2021-34, dated October 22, 2021. You may view the Transport 
Canada AD on the internet at regulations.gov in Docket No. FAA-2022-
0992.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bell BHT-407-MPI, Chapter 04, Airworthiness Limitations 
Schedule, Issue 3, dated June 21, 2021, of Bell Model 407 
Maintenance Planning Information, PMC-407-97499-01000-00, Issue No. 
005, dated July 6, 2022.
    (ii) [Reserved]
    (3) For Bell Textron Canada Limited service information 
identified in this AD, contact Bell Textron Canada Limited, 12,800 
Rue de l'Avenir, Mirabel, Quebec J7J 1R4, Canada; telephone 1-450-
437-2862 or 1-800-363-8023; fax 1-450-433-0272; email 
[email protected]; or at bellflight.com/support/contact-support.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 27, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26031 Filed 11-28-22; 8:45 am]
BILLING CODE 4910-13-P