38340 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 

(1) The ice protection system must be 

designed to operate continuously; 

(2) The airplane must be equipped 

with a system that automatically cycles 

the ice protection system; or 

(3) An ice detection system must be 

provided to alert the flightcrew each 

time the ice protection system must be 

cycled. 

(h) Procedures for operation of the ice 

protection system, including activation 

and deactivation, must be established 

and documented in the Airplane Flight 

Manual. 

■ 5. Amend appendix C to part 25 by 

revising part II (e) to read as follows: 

Appendix C to Part 25 

* * * * * 

Part II—Airframe Ice Accretions for Showing 

Compliance With Subpart B 

* * * * * 

(e) The ice accretion before the ice 

protection system has been activated and is 

performing its intended function is the 

critical ice accretion formed on the 

unprotected and normally protected surfaces 

before activation and effective operation of 

the ice protection system in continuous 

maximum atmospheric icing conditions. This 

ice accretion only applies in showing 

compliance to §§ 25.143(j) and 25.207(h), and 

25.207(i). 

Issued in Washington, DC, on July 17, 

2009. 

Lynne A. Osmus, 

Acting Administrator. 

[FR Doc. E9–18483 Filed 7–31–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0227; Directorate 

Identifier 2007–SW–65–AD; Amendment 39– 

15978; AD 2009–15–15] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada Model 427 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for Bell 

Helicopter Textron Canada (BHTC) 

Model 427 helicopters. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by the aviation authority of 

Canada to identify and correct an unsafe 

condition on an aviation product. 

Transport Canada, the aviation authority 

of Canada, with which we have a 

bilateral agreement, states that it has 

been determined that the existing 

hardware connecting the vertical fin to 

the tail rotor gearbox needs to be 

upgraded to prevent the vertical fin 

from becoming loose. 

BHTC has received reports of loose 

vertical fins discovered during 

inspections. Investigation revealed that 

the current vertical fin attachment 

hardware may not provide adequate 

clamp-up. If not corrected, the vertical 

fin could become loose and cause 

vibration, which could lead to 

subsequent loss of control of the 

helicopter. This AD requires actions that 

are intended to address this unsafe 

condition. 

DATES: This AD becomes effective on 

September 8, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

regulations.gov or in person at the 

Docket Operations office, U.S. 

Department of Transportation, M–30, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 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 AD Docket: The AD 

docket contains the Notice of proposed 

rulemaking (NPRM), the economic 

evaluation, any comments received, and 

other information. The street address 

and operating hours for the Docket 

Operations office (telephone (800) 647– 

5527) are in the ADDRESSES section of 

this AD. Comments will be available in 

the AD docket shortly after they are 

received. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Miles, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Guidance Group, 2601 Meacham 

Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–5122, fax (817) 

222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued an NPRM to amend 14 CFR 

part 39 to include an AD that would 

apply to BHTC Model 427 helicopters 

on March 4, 2009. That NPRM was 

published in the Federal Register on 

March 23, 2009 (74 FR 12098). That 

NPRM proposed to require actions to 

prevent the vertical fin from becoming 

loose and causing vibration, which 

could lead to subsequent loss of control 

of the helicopter. You may obtain 

further information by examining the 

MCAI and any related service 

information in the AD docket. 

Comments 

By publishing the NPRM, we gave the 

public an opportunity to participate in 

developing this AD. However, we 

received no comment on the NPRM or 

on our determination of the cost to the 

public. Therefore, based on our review 

and evaluation of the available data, we 

have determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Relevant Service Information 

Bell Helicopter Textron has issued 

Alert Service Bulletin No. 427–06–15, 

dated December 14, 2006. The actions 

described in the MCAI are intended to 

correct the same unsafe condition as 

that identified in the service 

information. 

Differences Between This AD and the 

MCAI AD 

We have reviewed the MCAI AD and 

related service information and, in 

general, agree with their substance. This 

AD differs from the MCAI AD as 

follows: 

• We do not require compliance ‘‘no 

later than November 27, 2007’’, because 

that date has passed. 

• We refer to the compliance time as 

‘‘hours time-in-service’’ rather than ‘‘air 

time hours.’’ 

These differences are highlighted in 

the ‘‘Differences Between this AD and 

the MCAI AD’’ section in the AD. 

Costs of Compliance 

We estimate that this AD will affect 

about 17 products of U.S. registry. We 

also estimate that it will take about 2 

work-hours per helicopter to remove 

and visually inspect the vertical fin and 

the tail rotor gearbox attachment legs 

and to re-install the vertical fin. The 

average labor rate is $80 per work-hour. 

Required parts will cost about $227 per 

helicopter. Based on these figures, we 

estimate the cost of this AD on U.S. 

operators to be $6,579 for the fleet, or 

$387 per helicopter, to perform the 

inspections and remove and re-install 

the vertical fin. 

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: 


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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 38341 

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 

product(s) 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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. The FAA amends § 39.13 by adding 

the following new AD: 

2009–15–15 Bell Helicopter Textron 

Canada (BHTC): Amendment 39–15978; 

Docket No. FAA–2009–0227; Directorate 

Identifier 2007–SW–65–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective on September 8, 2009. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model 427 

helicopters, serial numbers 56001 through 

56057, 58001, and 58002, certificated in any 

category. 

Reason 

(d) Transport Canada states in the 

mandatory continuing airworthiness 

information (MCAI) that it has been 

determined that the existing hardware 

connecting the vertical fin to the tail rotor 

gearbox needs to be upgraded to prevent the 

vertical fin from becoming loose. BHTC has 

received reports of loose vertical fins 

discovered during inspections. Investigation 

revealed that the current vertical fin 

attachment hardware may not provide 

adequate clamp-up. If not corrected, the 

vertical fin could become loose and cause 

vibration, which could lead to subsequent 

loss of control of the helicopter. 

Actions and Compliance 

(e) Within the next 150 hours time-inservice, unless already done, do the 

following: 

(1) Remove the vertical fin and visually 

inspect the inboard and outboard surfaces of 

the vertical fin where it attaches to the tail 

rotor gearbox support for a crack, an 

elongated bolt hole, fretting, distortion and 

corrosion. 

(2) Visually inspect the tail rotor gearbox 

support attachment legs for a crack, fretting 

and corrosion. 

(f) If a crack, elongated bolt hole, fretting, 

distortion or corrosion is detected, repair or 

replace the part with an airworthy part before 

further flight. 

(g) Reinstall the vertical fin. 

Differences Between This AD and the MCAI 

AD 

(h) This AD differs from the MCAI AD as 

follows: 

(1) We do not require compliance ‘‘no later 

than November 27, 2007’’, because that date 

has passed. 

(2) We refer to the compliance time as 

‘‘hours time-in-service’’ rather than ‘‘air time 

hours.’’ 

Other Information 

(i) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, 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, Aviation 

Safety Engineer, FAA, Rotorcraft Directorate, 

Regulations and Guidance Group, 2601 

Meacham Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–5122, fax (817) 222– 

5961. 

Related Information 

(j) Mandatory Continuing Airworthiness 

Information (MCAI) Transport Canada 

Airworthiness Directive CF–2007–22, dated 

September 14, 2007, and Bell Helicopter 

Textron Alert Service Bulletin No. 427–06– 

15, dated December 14, 2006, contain related 

information. 

Subject 

(k) Joint Aircraft System/Component 

(JASC) Code: 5553, Vertical Stabilizer, Attach 

Fittings. 

Issued in Fort Worth, Texas, on July 14, 

2009. 

Judy I. Carl, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18431 Filed 7–31–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 510 and 524 

[Docket No. FDA–2009–N–0665] 

New Animal Drugs; Nitrofurazone 

Ointment 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of an original abbreviated new 

animal drug application (ANADA) filed 

by First Priority, Inc. The ANADA 

provides for use of nitrofurazone 

ointment on horses for prevention or 

treatment of superficial bacterial 

infections. 

DATES: This rule is effective August 3, 

2009. 

FOR FURTHER INFORMATION CONTACT: John 

K. Harshman, Center for Veterinary 

Medicine (HFV–104), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8197, 

e-mail: john.harshman@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: First 

Priority, Inc., 1585 Todd Farm Dr., 

Elgin, IL 60123, filed ANADA 200–425 

for use of Nitrofurazone Soluble 

Dressing in horses for prevention or 

treatment of superficial bacterial 

infections of wounds, burns, and 

cutaneous ulcers. First Priority, Inc.’s 

Nitrofurazone Soluble Dressing is 

approved as a generic copy of FURA– 

ZONE (nitrofurazone) ointment, 

sponsored by Squire Laboratories, Inc., 

under NADA 132–427. In addition, First 

Priority, Inc., has informed FDA of a 

change of address. The ANADA is 

approved as of July 13, 2009, and 


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