1 [Federal Register: April 9, 2009 (Volume 74, Number 67)] [Rules and Regulations] [Page 16112-16114] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr09ap09-4]

––––––––––––––––––––––––––––––––––

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0301; Directorate Id entifier 2008-SW-69-AD; Amendment 39-15876; AD 2009-08-03]

RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited Model 206A, 206B, 206L, 206L-1, 206L-3, 206L-4, 222, 222B, 222U, 230, 407, 427, and 430 Helicopters

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

ACTION: Final rule; request for comments.

––––––––––––––––––––––––––––––––––

SUMMARY: We are adopting a supersedi ng airworthiness directive ( AD) for the specified Bell Helicopter Textron Canada Limited (BHTC) Model 206A, 206B, 206L, 206L-1, 206L-3, 206L-4, 222, 222B, 222U, 230, 407, 427, and 430 helicopters. That AD currently requires replacing each affected tail rotor blade (blade) wi th an airworthy blade that has a serial number not listed in the Rotor Blades, Inc. (RBI) document that is attach ed to each of the Bell Helicopter Textron Alert Service Bulletins (ASBs) listed in the applicabil ity section of the AD. That AD results from mandatory continuing airworthiness information (M CAI) issued by the aviation authority of Canada. The MCAI states that there have been three repor ts of blade tip weights departing from the blade during flight. Since issuing that AD, BHTC has issu ed revised service information to correct part
numbers and serial numbers listed in the RBI docum ent that is attached to each BHTC ASB and to add additional part-numbered and serial-numbered blades to the li st. The actions of this AD are intended to prevent loss of a blade tip weight, loss of a blade, and s ubsequent loss of control of the helicopter.

DATES: This AD becomes effective on April 24, 2009. The incorporation by reference of certain publica tions is approved by the Director of the Federal Register as of April 24, 2009. We must receive comments on this AD by June 8, 2009.

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 your comments electronically.

• Fax: (202) 493-2251.2 • 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 Transporta tion, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Av enue, SE., Washington, DC 20590, 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 He licopter Textron Canada, 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 Docket: You may examine the AD docket on the Internet at http://www.regulations.gov or in pe rson at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Th e AD docket contains this AD, any comments received, and other information. The street address for the Docket Op erations office (telephone (800) 647-5527) is stated in the ADDRESSES section of this AD. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, Fort Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

On October 31, 2007, the FAA issued AD 2007-19-52, Amendment 39-15264 (72 FR 65221, November 20, 2007), to publish Emergency AD 2007-19- 52, which made the AD effective to all persons except those to whom it was made i mmediately effective on September 14, 2007. That AD requires, before further flight, removing and replac ing each affected blade w ith an airworthy blade. That action was prompted by three reports of blad e tip weights being slung from the blades during flights, causing signi ficant vibration. Since issuing that AD, BHTC has revised the ASBs based on revisions to the RBI documents
that are attached to the ASBs to add blade serial numbers to the applicabil ity. Also, the ASBs have been revised to add clarification to the applicab ility by adding specific part number dash numbers. Transport Canada, which is the aviation author ity for Canada, has issued Transport Canada AD No. CF-2007-21, dated September 13, 2007, to correct an unsafe condition for the BHTC Model 206A, 206B, 206L, 206L-1, 206L-3, 206L-4, 222, 222B, 222U, 230, 407, 427, and 430 helicopters. The MCAI states that there have been three repor ts of blade tip weights departing from the blade during flight. The actions are inte nded to prevent loss of a blade tip weight, loss of a blade, and subsequent loss of control of the helicopter. Alth ough the BHTC ASBs have been revised since they were referenced in our AD 2007-19-52, the Tr ansport Canada AD has not been revised. You may obtain further information by examini ng the MCAI and any rela ted service information
in the AD docket.

Related Service Information

BHTC has issued the following:

• ASB No. 206-07-116, Revision A, dated Septem ber 19, 2007, for BHTC Model 206 A/B series helicopters;

• ASB No. 206L-07-148, Revision A, dated September 19, 2007, for BHTC Model 206L series helicopters;

• ASB No. 222-07-106, Revision C, dated Sept ember 20, 2007, for BHTC Model 222 and 222B helicopters;3 • ASB No. 222U-07-77, Revision C, dated September 20, 2007, fo r BHTC Model 222U helicopters;

• ASB No. 230-07-38, Revision C, dated Septem ber 20, 2007, for BHTC Model 230 helicopters;

• ASB No. 407-07-81, Revision A, dated Septem ber 19, 2007, for BHTC Model 407 helicopters;

• ASB No. 427-07-18, Revision A, dated Septem ber 19, 2007, for BHTC Model 427 helicopters;
and

• ASB No. 430-07-41, Revision C, dated Septem ber 20, 2007, for BHTC Model 430 helicopters.
All of the ASBs contain a letter from RBI i ndicating that certain blad es processed by RBI may be missing the adhesive applied to the tip weight screw during the weight and balance process. Since the issuance of AD 2007-19-52, some ASBs have been revised to include additional blade part
numbers and serial numbers that re quire inspection, as well as to clar ify the part number applicability by adding specific part number ''da sh numbers.'' Additionally, the ASBs' revisions specify marking the blade with an ''L'' once inspection determines th at the blade is airworthy. The actions described in
the MCAI are intended to correct the same unsaf e condition as that identified in the service
information.

FAA's Evaluation and Unsafe Condition Determination

These helicopters have been approved by the av iation authority of Canada and are approved for operation in the United States. Pursuant to our bilate ral agreement with Canada , they have notified us
of the unsafe condition described in the MCAI. We are issuing this AD because we evaluated all information provided by Transport Canada and determin ed the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs.

Differences Between This AD and the MCAI

The actions required by this AD onl y apply to those blades listed in the RBI document that is attached to the ASBs listed in paragraph (c). The MC AI allows use of those AS Bs, or ''later revisions approved by Chief, Continuing Airworthiness, Transport Canada.''

Costs of Compliance

We estimate that this AD will affect about 3,741 helicopters of U.S. registry. We also estimate
that it will take about 2 work-hours per helicopter to determine if an affected blade is installed. The average labor rate is $80 per work-hour. The ASB contains a warranty stat ement that owners or operators of BHTC helicopters who comply with the in structions in the ASB will be eligible to return defective blades identified by serial number in the compliance section to their nearest RBI facility for inspection and repair at no cost. Based on these figur es, we estimate the total cost impact of the AD on U.S. operators to be $598,560, assuming all shippi ng, inspection, and repair costs are paid by RBI

or BHTC.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immedi ate adoption of this AD. We find that the risk to the flying public justifies waivi ng notice and comment prior to adoptio n of this rule because loss of a blade tip weight during flight can adversely affect the controllability and structural integrity of the helicopter. Also, determining if an affected blade is installed and re placing any affected blade before further flight is required. Therefore, we have determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.4 Comments Invited

This AD is a final rule that involves requirement s affecting flight safet y, and we did not precede it by notice and opportunity for public comment. Howeve r, we invite you to send us any written data, views, or arguments concerning this AD. Send your comments to an address listed under the
ADDRESSES section of this AD. Include ''Dock et No. FAA-2009-0301; Dir ectorate Identifier 2008- SW-69-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspect s of this AD. We will consider all comments received by the closing date and may amend this 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 re ceive about this AD.

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 safe ty 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 helicopters 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 dist ribution of power and responsibilities among the various levels of government. Therefore, I certify this AD: 1. Is not a ''significant regulator y action'' under Executive Order 12866; 2. Is not a ''significant rule'' under the DOT Re gulatory 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 esti mated 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 safe ty, Incorporation by reference, Safety.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part
39 as follows:5 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 removing Am endment 39-15264 (72 FR 65221, November 20, 2007), and adding the following new AD:6 

### FAA

Aircraft Certification Service 

## AIRWORTHINESS DIRECTIVE

www.faa.gov/aircraft/safety/alerts/ www.gpoaccess.gov/fr/advanced.html

2009-08-03 Bell Helicopter Textron Canada Limited: Amendment 39-15876. Docket No. FAA2009-0301; Directorate Identifier 2008-SW-69-AD.

Effective Date

(a) This airworthiness directive ( AD) becomes effective on April 24, 2009.

Other Affected ADs

(b) Supersedes AD 2007-19-52, Amendm ent 39-15264, Docket No. FAA-2007-0179,
Directorate Identifier 2007-SW-36- AD (72 FR 65221, November 20, 2007).

Applicability

(c) This AD applies to Model 206A, 206B, 206L, 206L-1, 206L-3, 206L-4, 222, 222B, 222U, 230, 407, 427, and 430 helicopters, with a tail rotor blad e (blade) installed that has a part number and
serial number which is listed in the Rotor Blades , Inc. (RBI) document attached to the following Bell Helicopter Textron Alert Service Bulletins (ASBs), certificated in any category:

ASB No. Revision Date Helicopter Model

206-07-116 A September 19, 2007 206A and 206B

206L-07-148 A September 19, 2007 206L, L-1, L-3, and L-4

222-07-106 C September 20, 2007 222 and 222B

222U-07-77 C September 20, 2007 222U

230-07-38 C September 20, 2007 230

407-07-81 A September 19, 2007 407

427-07-18 A September 19, 2007 427

430-07-41 C September 20, 2007 430

Reason

(d) The mandatory continuing airworthiness info rmation (MCAI) states that there have been three reports of blade tip weight s departing from the blade during flight. This AD corrects part numbers and serial numbers of blades, and adds additional blades to the previous AD listing, based on revised ASBs issued by Bell Helicopter Textro n Canada Limited. The actions required by this AD are intended to prevent loss of a blade tip weight, lo ss of a blade, and subse quent loss of control of the helicopter.7 Actions and Compliance

(e) Before further flight, unless already acco mplished, replace any affected blade with an airworthy blade. An airworthy blad e is one that has a part number and a serial number that is not
listed in the RBI document that is attached to each ASB listed in the Applicability section of this AD.

Differences Between This AD and the MCAI AD

(f) The actions required by this AD only apply to those blades liste d in the RBI document that is attached to the ASBs listed in paragraph (c). The MC AI allows use of those AS Bs, or ''later revisions approved by Chief, Continuing Airworthiness, Transport Canada.''

Other Information

(g) Alternative Methods of Compliance (AMOCs): The Manage r, Safety Management Group, FAA, ATTN: Sharon Miles, Aviation Safety Engineer , FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham Blvd., Fort Wort h, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-5961, has the authority to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19.

Air Transport Association of America (ATA) Tracking Code

(h) ATA Code 6410: Tail Rotor Blades.

Material Incorporated by Reference

(i) You must use the following Bell Helicopter Textron Alert Service Bulletin for your model helicopter to determine which blades are subject to these AD actions:

ASB No. Revision Date Helicopter Model

206-07-116 A September 19, 2007 206A and 206B

206L-07-148 A September 19, 2007 206L, L-1, L-3, and L-4

222-07-106 C September 20, 2007 222 and 222B

222U-07-77 C September 20, 2007 222U

230-07-38 C September 20, 2007 230

407-07-81 A September 19, 2007 407

427-07-18 A September 19, 2007 427

430-07-41 C September 20, 2007 430

(1) The Director of the Federal Register approve d the incorporation by refe rence of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in th is AD, contact Bell Helic opter Textron Canada, 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/. (3) You may review copies at the FAA, Of fice of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., 76193-0111, or at the National Archiv es and Records Administration (NARA). For8 information on the availability of this material at NARA, call (202) 741-6030, or e-mail to: http://www.archives.gov /federal-register/cfr/ibr-locations.html.

Issued in Fort Worth, Texas on March 26, 2009. Mark R. Schilling, Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.