This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

59541

Vol. 69, No. 192

Tuesday, October 5, 2004

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2004–SW–04–AD; Amendment 

39–13812; AD 2004–20–07] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada Model 222, 

222B, 222U, and 230 Helicopters

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for the 

specified Bell Helicopter Textron 

Canada (BHTC) model helicopters that 

requires certain inspections of the main 

rotor yoke (yoke) for a crack, fretting, or 

buffer deterioration. If a crack is found, 

the AD requires replacing the yoke with 

an airworthy yoke before further flight. 

If fretting or buffer deterioration are 

found, the AD requires further 

inspecting the main rotor hub assembly 

(hub assembly) and repairing or 

replacing any unairworthy parts. Also, 

the AD requires a torque inspection of 

the flapping bearing retaining nuts at 

specified intervals. This amendment is 

prompted by the discovery of a crack in 

a yoke. The actions specified by this AD 

are intended to prevent failure of the 

yoke and subsequent loss of control of 

the helicopter.

DATES: Effective November 9, 2004.

FOR FURTHER INFORMATION CONTACT:

Charles Harrison, Aviation Safety 

Engineer, FAA, Rotorcraft Directorate, 

Safety Management Group, Fort Worth, 

Texas 76193–0110, telephone (817) 

222–5128, fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: A 

proposal to amend 14 CFR part 39 to 

include an AD for the specified model 

helicopters was published in the 

Federal Register on June 24, 2004 (69 

FR 35273). That action proposed to 

require certain inspections of the yoke 

for a crack, fretting, or buffer 

deterioration and, if a crack is found, 

replacing the yoke with an airworthy 

yoke before further flight. If fretting or 

buffer deterioration are found, that 

action proposed further inspecting the 

hub assembly and repairing or replacing 

any unairworthy parts. Also, the AD 

proposed a torque inspection of the 

flapping bearing retaining nuts at 

specified intervals. 

Transport Canada, the airworthiness 

authority for Canada, notified the FAA 

that an unsafe condition may exist on 

BHTC Model 222, 222B, 222U, and 230 

helicopters. Transport Canada advises of 

a fatigue crack being found in a yoke in 

the area of the flapping bearing 

bushings. 

BHTC has issued Alert Service 

Bulletin (ASB) Nos. 222–03–97 for the 

Model 222 and 222B helicopters, 222U–

03–68 for the Model 222U helicopters, 

and 230–03–28 for the Model 230 

helicopters, all dated September 23, 

2003. The ASB’s specify a recurring 

visual inspection of the yoke for a crack, 

fretting, or buffer deterioration in the 

four (4) areas around the flapping 

bearing attachment bushings. The ASB’s 

also specify verifying the torque of the 

main rotor flapping bearing retaining 

bolts/nuts. Transport Canada classified 

these service bulletins as mandatory and 

issued AD No. CF–2003–27, dated 

November 17, 2003, to ensure the 

continued airworthiness of these 

helicopters in Canada. 

These helicopter models are type 

certificated in Canada 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 the FAA 

informed of the situation described 

above. The FAA has 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. 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were received on the 

proposal or the FAA’s determination of 

the cost to the public. The FAA has 

determined that air safety and the 

public interest require the adoption of 

the rule as proposed. 

The FAA estimates that this AD will 

affect 105 helicopters of U.S. registry. 

The FAA also estimates that this AD 

will: 

• Take 1⁄2 work hour to inspect the 

yoke every 25 hours time-in-service 

(TIS), assuming 8 inspections a year that 

would equal 4 work hours per year; 

• Take 1⁄2 work hour to inspect the 

flapping bearing retaining bolts torque 

every 50 hours TIS, assuming 4 

inspections a year that would equal 2 

work hours per year; 

• Take 4 work hours to remove, 

inspect, and replace the yoke if 

required. 

• The average labor rate is $65 per 

work hour. 

• Required parts will cost about 

$32,675. 

Based on these figures, we estimate the 

total cost impact of the AD on U.S. 

operators to be $3,499,125, assuming all 

yokes are replaced near the end of the 

first year. 

The regulations adopted herein 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, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

For the reasons discussed above, I 

certify that this action (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under 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. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety.

59542 Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 

Adoption of the Amendment

■ 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

■ 1. The authority citation for part 39 

continues to read as follows:

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

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows:

2004–20–07 Bell Helicopter Textron 

Canada: Amendment 39–13812. Docket 

No. 2004–SW–04–AD.

Applicability: The following helicopter 

models, certificated in any category:

Model Serial number (S/N) With main rotor hub (hub) assembly

part number installed 

(1) 222 .............................................................................................. 47006–47089 222–011–101–ALL or 222–012–101–ALL. 

(2) 222B ............................................................................................ 47131–47156 222–011–101–ALL or 222–012–101–ALL. 

(3) 222U ............................................................................................ 47501–47574 222–011–101–ALL or 222–012–101–ALL. 

(4) 230 .............................................................................................. 23001–23038 222–012–101–ALL. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent failure of the yoke and 

subsequent loss of control of the helicopter, 

accomplish the following: 

(a) Within 50 hours time-in-service (TIS) or 

by the next scheduled inspection for the hub 

assembly, whichever occurs first, and 

thereafter at intervals not to exceed 25 hours 

TIS, using a 10X or higher magnifying glass, 

visually inspect the main rotor yoke (yoke) 

for a crack, fretting or buffer deterioration in 

the four areas around the flapping bearing 

attachment bushings as shown in the 

following Figure 1 of this AD: 

BILLING CODE 4910–13–P

Note 1: Bell Helicopter Textron Alert 

Service Bulletin (ASB) Nos. 222–03–97 for 

the Model 222 and 222B, 222U–03–68 for the 

Model 222U, and 230–03–28 for the Model 

230, all dated September 23, 2003, pertain to 

the subject of this AD.

(1) If a crack is found, before further flight, 

replace the yoke with an airworthy yoke. 

(2) If fretting or buffer deterioration is 

found on the yoke in the areas shown in 

Figure 1 of this AD, before further flight, 

disassemble the hub assembly and further 


ER05OC04.005</GPH>
Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 59543

inspect the yoke with a 10X or higher 

magnifying glass in the four areas shown in 

Figures 2 and 3 of this AD. 

(i) If a crack is found on any part, before 

further flight, replace the part with an 

airworthy part. 

(ii) If fretting or buffer deterioration is 

found on any part, before further flight, 

repair any unairworthy part or replace the 

part with an airworthy part.


ER05OC04.006</GPH>
59544 Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 

BILLING CODE 4910–13–C 

(b) Within 50 hours TIS or by the next 

scheduled inspection for each hub assembly, 

whichever occurs first, and thereafter at 

intervals not to exceed 50 hours TIS, 

determine the torque of the four main rotor 

flapping bearing retaining bolts or nuts. 

While holding the bolt head, apply 100 footpounds (135Nm) of torque to the nut in the 

tightening direction. 

(1) If 100 foot-pounds (135Nm) of torque is 

reached without movement of the nut, before 

further flight, torque the nut to 125 footpounds. 

(2) If any nut moves before reaching 100 

foot-pounds (135Nm) of torque, before 

further flight, remove both flapping bearings 

from the hub assembly. Inspect the yoke, the 

bolt and nut, and the trunnion supports with 

a 10X or higher magnifying glass, for a crack, 

fretting, or buffer deterioration. 

(i) If a crack is found on any part, before 

further flight, replace the part with an 

airworthy part. 

(ii) If fretting or buffer deterioration is 

found on any part, before further flight, 

repair any unairworthy part or replace the 

part with an airworthy part. 

(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 Safety Management Group, 

FAA, for information about previously 

approved alternative methods of compliance. 

(d) This amendment becomes effective on 

November 9, 2004.

Note 2: The subject of this AD is addressed 

in Transport Canada (Canada) AD CF–2003–

27, dated November 17, 2003.

Issued in Fort Worth, Texas, on September 

24, 2004. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service.

[FR Doc. 04–22265 Filed 10–4–04; 8:45 am] 

BILLING CODE 4910–13–P

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1

RIN 3038–AB56

Close Out of Offsetting Positions; 

Correction

AGENCY: Commodity Futures Trading 

Commission.

ACTION: Correcting amendment.

SUMMARY: This document contains a 

correcting amendment to the final rule 

amendments that were published on 

October 23, 2001 (66 FR 53510). Those 

rule amendments related to various 

aspects of the operations of 

intermediaries of commodity interest 

transactions. The particular rule in issue 

concerns the close out of offsetting 

positions. The correcting amendment 

makes clear that an account controller, 

in addition to the customer, may 

instruct a futures commission merchant 

(FCM) to hold open offsetting long and 

short commodity interest positions.

EFFECTIVE DATE: October 5, 2004.

FOR FURTHER INFORMATION CONTACT:

Lawrence B. Patent, Deputy Director, 

Compliance and Registration Section, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission, 1155 21st Street NW., 

Washington, DC 20581. Telephone (202) 

418–5439.

SUPPLEMENTARY INFORMATION: On 

October 23, 2001, the Commodity 

Futures Trading Commission 

(Commission) published final 

amendments to Commission Rule 1.46, 

among others. The Commission 

amended Rule 1.46 to permit customers 

or account controllers to instruct FCMs 

(in writing or orally) if they wish to 

deviate from the default rule that 

requires FCMs to close out offsetting 

long and short commodity interest 

positions on a first-in, first-out basis, 

looking across all accounts carried for 

the same customer. 66 FR 53510, 53514, 

53517–18. The Commission stated that, 

‘‘[i]n order to implement this revision of 

Rule 1.46, the Commission is amending 


ER05OC04.007</GPH>