Federal Register, Volume 75 Issue 167 (Monday, August 30, 2010)

[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Proposed Rules]
[Pages 52912-52914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21582]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0866; Directorate Identifier 2010-SW-065-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited
Model 427 Helicopters

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. 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 MCAI describes the unsafe
condition as:

Tail rotor driveshaft hanger bearing bracket part number (P/N)
427-044-223-101 has been found cracked due to fatigue. It has been
determined that the fatigue cracking was initiated by a tooling mark
left during manufacture.
The existence of tooling marks on the bracket could lead to
bracket failure, loss of tail rotor drive and, consequently, loss of
control of the helicopter.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 14,
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 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.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket 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: Sharon Miles, Aerospace Engineer, FAA,
Rotorcraft Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137;
telephone: (817) 222-5122; fax: (817) 222-5961.

SUPPLEMENTARY INFORMATION:

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-2010-0866;
Directorate Identifier

[[Page 52913]]

2010-SW-065-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 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 proposed AD.

Discussion

Transport Canada, which is the aviation authority for Canada, has
issued AD No. CF-2010-17, dated June 2, 2010 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

The MCAI requires you to rework the tail rotor driveshaft hanger
bearing bracket. You may obtain further information by examining the
MCAI in the AD docket.

Relevant Service Information

Bell Helicopter has issued Alert Service Bulletin No. 427-09-29,
REV A, dated November 17, 2009. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of the Proposed AD

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

Differences Between This Proposed AD and the MCAI or Service
Information

We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

We estimate that this proposed AD will affect 30 products of U.S.
registry. We also estimate that it would take about 4 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $10,200, or $340 per product.
In addition, we estimate that any necessary follow-on actions would
require parts costing $5,034, for a cost of $5,034 per product. We have
no way of determining the number of products that may need these
actions.

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 a regulatory 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, Incorporation by
reference, 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 Limited: Docket No. FAA-2010-0866;
Directorate Identifier 2010-SW-065-AD.

Comments Due Date

(a) We must receive comments by October 14, 2010.

Affected ADs

(b) None.

Applicability

Subject

(d) Air Transport Association of America (ATA) Code 65: Tail
Rotor Drive.

Reason

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

[[Page 52914]]

The MCAI requires you to rework the tail rotor driveshaft hanger
bearing bracket.

Actions and Compliance

(f) Unless already done, do the following actions:
(1) Applicable to SNs 56001 through 56073, and 56077: Within 30
days after the effective date of this AD, inspect both sides of the
hanger bracket, P/N 427-044-223-101, for cracks following Bell
Helicopter Alert Service Bulletin No. 427-09-29, REV A, dated
November 17, 2009.
(i) If no cracks are found during the inspection required by
paragraph (f)(1) of this AD, before further flight rework both sides
of the hanger bracket, P/N 427-044-223-101, following Bell
Helicopter Alert Service Bulletin No. 427-09-29, REV A, dated
November 17, 2009.
(ii) If cracks are found during the inspection required by
paragraph (f)(1) of this AD, before further flight replace the
hanger bracket, P/N 427-044-223-101, with a new hanger bracket, P/N
427-044-223-101, that has been reworked following Bell Helicopter
Alert Service Bulletin No. 427-09-29, REV A, dated November 17,
2009.
(2) Applicable to all SNs: As of the effective date of this AD,
you may not install replacement tail rotor driveshaft hanger
bracket, P/N 427-044-223-101, unless the bracket has been inspected
and found free of cracks and has been reworked following Bell
Helicopter Alert Service Bulletin No. 427-09-29, REV A, dated
November 17, 2009.

FAA AD Differences

Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Sharon Miles, Aerospace Engineer, FAA,
Rotorcraft Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137;
telephone: (817) 222-5122; fax: (817) 222-5961. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). 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 provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

(h) Refer to MCAI Transport Canada AD No. CF-2010-17, dated June
2, 2010; and Bell Helicopter Alert Service Bulletin No. 427-09-29,
REV A, dated November 17, 2009, for related information.

Issued in Fort Worth, Texas, on August 19, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-21582 Filed 8-27-10; 8:45 am]
BILLING CODE 4910-13-P