[Federal Register Volume 67, Number 220 (Thursday, November 14, 2002)]
[Proposed Rules]
[Pages 68952-68956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28859]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 67, No. 220 / Thursday, November 14, 2002 /
Proposed Rules
[[Page 68952]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-SW-53-AD]
RIN 2120-AA64
Airworthiness Directives; Bell Helicopter Textron, A Division of
Textron Canada Model 407 Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: This document revises an earlier proposed airworthiness
directive (AD) for Bell Helicopter Textron, A Division of Textron
Canada (Bell), Model 407 helicopters, that would have required
preflight checking and repetitively inspecting for a crack in certain
tailbooms that have not been redesigned and replacing the tailboom if a
crack is found. That proposal was prompted by cracking discovered in
other areas of certain tailbooms and introduction of a redesigned
tailboom with a chemically milled skin, which does not require the
current inspections. This action revises the proposed rule by
correcting the model applicability, increasing the area of inspection
for certain tailbooms, requiring modification of certain tailbooms, and
establishing life limits for certain tailbooms. The actions specified
by this proposed AD are intended to prevent separation of the tailboom
and subsequent loss of control of the helicopter.
DATES: Comments must be received on or before December 16, 2002.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Office of the Regional Counsel, Southwest Region,
Attention: Rules Docket No. 2001-SW-53-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].
Comments may be inspected at the Office of the Regional Counsel between
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
The service information referenced in the proposed rule 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.
FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Regulations Group, Fort Worth,
Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-5961.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this document may be changed
in light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their mailed
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. 2001-SW-53-AD.'' The postcard will be date
stamped and returned to the commenter.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an AD for Bell Model 407 helicopters was published
in the Federal Register on January 31, 2002 (67 FR 4685). That NPRM
would have required preflight checking and repetitively inspecting for
a crack in certain tailbooms that have not been redesigned and
replacing the tailboom if a crack is found. It further proposed that
installing tailboom, P/N 407-030-801-201, would constitute terminating
action for the requirements of that AD. That NPRM was prompted by
cracking discovered in other areas of certain tailbooms and
introduction of a redesigned tailboom with a chemically milled skin,
which does not require the current inspections. That condition, if not
corrected, could result in separation of the tailboom and subsequent
loss of control of the helicopter.
Since the issuance of that NPRM, the manufacturer has issued Bell
Helicopter Textron Alert Service Bulletin (ASB) No. 407-99-26, Revision
C, dated February 28, 2002, that addresses inspection procedures for
certain tailbooms. The manufacturer also issued Bell Helicopter Textron
ASB No. 407-01-48, Revision B, dated April 25, 2002, that details the
modification and re-identification of those certain tailbooms, assigns
a life limit, and details new inspection procedures for those re-
identified tailbooms. Additionally, ASB 407-01-48 assigns a life limit
and details new inspection procedures for another part-numbered
tailboom that was modified by the manufacturer. Further, in addition to
the redesigned tailboom, P/N 407-030-801-201, referenced in the NPRM,
Bell has at least one additional redesigned tailboom, P/N 407-030-801-
203, for these helicopters. Transport Canada, which is the
airworthiness authority for Canada, has issued a revised AD No. CF-
1999-17R2, dated April 5, 2002, to address these changed requirements.
Further, the FAA received three comments to that NPRM proposing
changes. Two commenters state that the AD should be changed to state
specific tailboom part numbers for specific inspections. They suggest
mandating 50 hour time-in-service (TIS) inspections
[[Page 68953]]
for tailbooms, part number (P/N) 407-030-801-101 and -105, until
mandated modification and re-identification occurs and life limits are
imposed. They also suggest mandating 150 hour TIS inspections for
modified and re-identified tailbooms and also tailboom, P/N 407-030-
801-107, which was modified by the manufacturer before delivery. These
changes are requested because the tailbooms are modified to address the
cracking problems, and based on engineering evaluation of these
modified tailbooms, the inspection intervals can be expanded. The third
commenter, the manufacturer, suggests modifying the proposal to
incorporate their later revisions to their service bulletins.
The FAA agrees with the proposed changes and the updated
manufacturer service information. We continue to propose mandating
daily pre-flight checks and initial 25-hour TIS inspections with
recurring 50 hour TIS inspections for the tailbooms, P/N 407-030-801-
101 and -105, until they are modified and re-identified. Once modified
and re-identified as P/N 407-530-014-101 and -103, respectively, the
FAA proposes to mandate the 150 hour TIS inspection and assign a 5,000
hour TIS life limit. The 150 hour TIS inspection and 5,000 hour life
limit would also apply to the tailboom, P/N 407-030-801-107.
Additionally, the cite to tailboom, P/N 407-030-801-101, as a
terminating action has been removed since the installation of other
redesigned tailbooms may also effectively remove a helicopter from the
applicability of this proposal, thereby constituting a terminating
action for the requirements of this AD.
Since these changes expand the scope of the originally proposed
rule, the FAA has determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
The FAA estimates that 284 helicopters of U.S. registry would be
affected by this proposed AD, that it would take approximately 3.5 work
hours per helicopter to accomplish the initial inspections, 1.5 work
hours per helicopter to accomplish the recurring inspections, and 18
work hours per helicopter to accomplish the modification. The average
labor rate is $60 per work hour. Required parts would cost
approximately $1,244 per helicopter. Based on these figures, the total
cost impact of the proposed AD on U.S. operators is estimated to be
$3,254 per helicopter, or $924,136, assuming all U.S. registered
helicopters are required to be modified and initially inspected, and
have 8 repetitive inspections per year. In its service information,
under certain conditions, the manufacturer offers a ``special''
warranty for parts needed for modifying tailbooms, P/N 407-030-801-101
and -105, and a labor allowance of $480.
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive
to read as follows:
Bell Helicopter Textron, a Division of Textron Canada: Docket No.
2001-SW-53-AD.
Applicability: Model 407 helicopters, serial numbers 53000
through 53475, with tailboom, part number (P/N) 407-030-801-101, -
105 or -107, or P/N 407-530-014-101 or -103, (re-identified in
accordance with Bell Helicopter Textron (Bell) Alert Service
Bulletin (ASB) 407-01-48, Revision B, dated April 25, 2002),
installed, certificated in any category.
Note 1: This AD applies to each helicopter identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For helicopters that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (h) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated.
To prevent separation of the tailboom and subsequent loss of
control of the helicopter, accomplish the following:
----------------------------------------------------------------------------------------------------------------
Applicable tailboom Compliance time Actions In accordance with
----------------------------------------------------------------------------------------------------------------
(a) Tailboom, P/N 407-030-801-101 Before the first flight Visually check the Figure 1 of this AD.
and -105, that have not been of each day. tailboom for cracks. An
modified in accordance with Bell owner/operator (pilot)
ASB 407-01-048, Revision B, holding at least a
dated April 25, 2002. private pilot
certificate may perform
the visual check
required by this
paragraph, but must
enter compliance with
this paragraph into the
helicopter records in
accordance with 14 CFR
43.11 and
91.417(a)(2)(v).
[[Page 68954]]
(b) Tailboom, P/N 407-030-801-101 Within 25 hours time-in- Visually inspect the Part II of the
and -105, that have 600 or more service (TIS), and tailboom for cracks Accomplishment
hours TIS and have not been thereafter at intervals using a 10x or higher Instructions of Bell
modified in accordance with Bell not to exceed 50 hours magnifying glass. ASB 407-99-26, Revision
ASB 407-01-48, Revision B, dated TIS. C, dated February 28,
April 25, 2002. 2002, except contacting
Bell is not required.
(c) Tailboom, P/N 407-030-801-101 Within 600 hours TIS, but Modify and re-identify Parts I and III of the
and -105. not later than January tailbooms as P/N 407- Accomplishment
31, 2003, unless 530-014-101 and -103, Instructions in Bell
previously accomplished. respectively, and ASB 407-01-48, Revision
install improved B, dated April 25,
horizontal stabilizer 2002, and Bell
assembly, P/N 407-023- Technical Bulletin No.
800-ALL. 407-01-33, dated August
29, 2001, except
contacting Bell is not
required.
(d) Tailboom, P/N 407-530-014-101 Before further flight Create a historical Part IV of
and -103; and P/N 407-030-801- after the tailboom is service record sheet Accomplishment
107. modified and re- and assign a life limit Instructions in Bell
identified, unless of 5,000 hours TIS ASB 407-01-48, Revision
previously accomplished. since initial B, dated April 25,
installation on any 2002.
helicopter.
(e) Tailboom, P/N 407-530-014-101 Within 150 hours TIS Inspect the tailboom for Part IV and V of the
and -103; and P/N 407-030-801- after modification, or a crack. Accomplishment
107. within 150 hours TIS Instructions in Bell
since new, and ASB 407-01-48 Revision
thereafter at intervals B, dated April 25, 2002
not to exceed 150 hours
TIS.
(f) All applicable part-numbered Before further flight.... If a crack is found, The applicable
tailbooms. replace the tailboom. maintenance manual.
----------------------------------------------------------------------------------------------------------------
BILLING CODE 4910-13-P
[[Page 68955]]
[GRAPHIC] [TIFF OMITTED] TP14NO02.000
BILLING CODE 4910-13-C
[[Page 68956]]
(g) This AD revises the helicopter Airworthiness Limitations
section of the maintenance manual by establishing a new retirement
life for the tailboom, P/N 407-530-014-101 and --103, and P/N 407-
030-801-107 of 5,000 hours TIS.
(h) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Regulations Group, Rotorcraft
Directorate, FAA. Operators shall submit their requests through an
FAA Principal Maintenance Inspector, who may concur or comment and
then send it to the Manager, Regulations Group.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Regulations Group.
(i) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the helicopter to a location where
the requirements of this AD can be accomplished.
Note 3: The subject of this AD is addressed in Transport Canada
(Canada) AD No. CF-1999-17R2, dated April 5, 2002.
Issued in Fort Worth, Texas, on November 4, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-28859 Filed 11-13-02; 8:45 am]
BILLING CODE 4910-13-P