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[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Rules and Regulations]
[Pages 38546-38550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14857]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0019; Directorate Identifier 2010-SW-051-AD; 
Amendment 39-17485; AD 2013-12-07]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Bell 
Helicopter Textron Canada (BHTC) Model 407 helicopters with certain 
tailboom assemblies installed. This AD requires, at specified 
intervals, inspecting the tailboom assembly for a crack, loose rivet, 
or other damage. This AD was prompted by a stress analysis of the 
tailboom skin that revealed that high-stress-concentration areas are 
susceptible to skin cracking. This condition, if not detected, could 
result in a crack in the tailboom assembly, failure of the tailboom, 
and subsequent loss of control of the helicopter.

DATES: This AD is effective August 1, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of August 1, 2013.

ADDRESSES: For service information identified in this AD, contact 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/. You may review the 
referenced service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas 76137.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, any incorporated-by-reference 
service information, the economic evaluation, any comments received, 
and other information. The street address for the Docket Operations 
Office (phone: 800-647-5527) is U.S. Department of Transportation, 
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aerospace Engineer, FAA, 
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 
76137; telephone (817) 222-5110; fax (817) 222-5110; email 
sharon.y.miles@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada, which is the aviation authority for Canada, has 
issued AD CF-2009-07, dated March 6, 2009 (AD CF-2009-07), to correct 
an unsafe condition for the BHTC Model 407 helicopters with a tailboom 
assembly, part number (P/N) 407-030-801-201, -203, or -205. Transport 
Canada states that a stress analysis of the chemically milled tailboom 
skin ``revealed a possibility of skin cracking due to high stress 
concentration areas.'' Transport Canada advises that this condition, if 
not detected, could result in ``serious damage to the tailboom.''
    On February 1, 2013, at 78 FR 7308, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 to include an AD that would apply to BHTC Model 407 
helicopters, with tailboom assembly part number (P/N) 407-030-801-201, 
407-030-801-203, or 407-030-801-205. The NPRM proposed to require, at 
specified intervals, inspecting the tailboom assembly for a crack, 
loose rivet, or other damage. The proposed requirements were intended 
to prevent a crack in the tailboom assembly, failure of the tailboom, 
and subsequent loss of control of the helicopter.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the NPRM (78 FR 7308, February 
1, 2013).

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Canada and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Canada, Transport Canada, its technical 
representative, has notified us of the unsafe condition described in 
its AD. We are issuing this AD because we evaluated all information 
provided by Canada and determined that an unsafe condition exists and 
is likely to exist or develop on other helicopters of these same type 
designs and that air safety and the public interest require adopting 
the AD requirements as proposed.

Differences Between This AD and the Transport Canada AD

    The Transport Canada AD states to perform the inspections of the 
tailboom ``in accordance with inspection procedures as per applicable 
part'' of the ASB. This proposed AD references only specific sections 
of the ASB for accomplishing the requirements.

Related Service Information

    BHTC has issued Alert Service Bulletin No. 407-08-84, dated August 
18, 2008 (ASB), which specifies a new inspection schedule for the 
tailboom assemblies. BHTC states it has not received any field reports 
indicating cracked skin in service on the tailboom assemblies. However, 
in the interest of

[[Page 38547]]

safety, BHTC states it has elected to introduce a new inspection 
schedule for the tailboom assemblies. The ASB specifies the new 
inspection schedule. Transport Canada classified this ASB as mandatory 
and issued AD CF-2009-07 to ensure the continued airworthiness of these 
helicopters.

Costs of Compliance

    We estimate that this AD will affect 551 helicopters of U.S. 
registry, and estimate the cost of compliance for the first year as 
follows:
     We assume 1 initial 100-hour TIS inspection and 2 
recurring inspections, which will each take about 2.5 hours. At an 
average labor rate of $85 per hour, this will result in a cost of about 
$213 per inspection per helicopter or a total annual inspection cost 
for 3 recurring inspections of about $639 per helicopter.
     We assume 1 initial inspection and thereafter 4 recurring 
inspections per year for helicopters with a tailboom assembly that has 
6,900 or more hours TIS, which will each take 3 hours at the average 
labor rate of $85 per hour or $255 per helicopter. Multiplying this 
$255 times the 5 recurring inspections, the total annual cost will be 
$1,275 per helicopter.
     We assume 1 initial inspection and 12 recurring 
inspections per year for helicopters with a tailboom assembly that has 
8,600 or more hours TIS. If each inspection takes 3.25 hours, at the 
average labor rate of $85 per hour, each inspection will cost about 
$276. Multiply $276 times the 13 recurring inspections will result in a 
total annual inspection cost of $3,588 per helicopter. We expect the 
cost of pilot checks to be minimal.
     Replacing the tailboom will take 10 work hours at an 
average labor rate of $85 per hour for a total labor cost of $850 per 
helicopter. Parts will cost $82,850 for a total cost per helicopter of 
$83,700. Assuming that 5 helicopters per year will need a replacement 
tailboom, the fleet replacement cost will total $418,500.

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 helicopters identified in this 
rulemaking action.

Regulatory Findings

    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.
    For the reasons discussed above, I certify that this AD:
    (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);
    (3) Will not affect intrastate aviation in Alaska to the extent 
that it justifies making a regulatory distinction; and
    (4) 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, 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:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2013-12-07 Bell Helicopter Textron Canada (BHTC): Amendment 39-
17485; Docket No. FAA-2013-0019; Directorate Identifier 2010-SW-051-
AD.

(a) Applicability

    This AD applies to BHTC Model 407 helicopters, with tailboom 
assembly part number (P/N) 407-030-801-201, 407-030-801-203, or 407-
030-801-205, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as high-stress-
concentration areas in the tailboom skin that are at risk of 
cracking. This condition could result in a crack in the tailboom 
assembly, failure of the tailboom, and subsequent loss of helicopter 
control.

(c) Effective Date

    This AD becomes effective August 1, 2013.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) For helicopters with a tailboom assembly that has 8,600 or 
more hours time-in-service (TIS):
    (i) Comply with either paragraph (e)(1)(i)(A) or (e)(1)(i)(B):
    (A) Before the first flight of each day, visually check for a 
crack in the ``C'' and ``D'' areas depicted in Figures 1and 2 to 
Paragraph (e) of this AD. The actions required by this paragraph may 
be performed by the owner/operator (pilot) holding at least a 
private pilot certificate, and must be entered into the aircraft 
records showing compliance with this AD in accordance with 14 CFR 
43.9 (a)(1)-(4) and 14 CFR Sec.  91.417(a)(2)(v). The record must be 
maintained as required by 14 CFR 91.417, 121.380, or 135.439; or
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[GRAPHIC] [TIFF OMITTED] TR27JN13.001

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    (B) Within 25 hours TIS, or 30 days, whichever comes first, and 
thereafter at intervals not to exceed 50 hours TIS, clean and 
inspect for a crack around each fastener and just above the edge of 
the upper stabilizer support in the ``C'' and ``D'' areas on the 
left side of the tailboom assembly, as depicted in Figure 2 to 
Paragraph (e) of this AD, using a 10X or higher power magnifying 
glass.
    (ii) Comply with the requirements of paragraph (e)(2)(i)(A) or 
(e)(2)(i)(B), and paragraph (e)(3) of this AD.
    (2) For helicopters with a tailboom assembly that has 6,900 or 
more hours TIS:
    (i) Within 25 hours TIS or 30 days, whichever occurs first, 
clean and inspect the tailboom assembly for a crack in the ``H'' and 
``I'' areas depicted in Figure 2, Sheet 5, of the BHTC Alert Service 
Bulletin No. 407-08-84, dated August 18, 2008, (ASB), by using one 
of the two following methods.
    (A) Use a 10X or higher power magnifying glass; thereafter, 
repeat the 10X or higher power magnifying glass inspection at 
intervals not to exceed 150 hours TIS; or
    (B) Eddy current inspect for a crack in accordance with Appendix 
A and Table 1, and by referencing Figures 3 through 7 of the ASB; 
thereafter, repeat the eddy current inspection at intervals not to 
exceed 500 hours TIS. Use a person qualified to Level II or Level 
III per the National Aerospace Standard (NAS) 410 or equivalent 
requirements to perform the eddy current inspection.
    (ii) Comply with the requirements of paragraph (e)(3) of this 
AD.
    (3) Within 100 hours TIS or at the next tailboom inspection, 
whichever comes first, and thereafter at intervals not to exceed 300 
hours TIS:
    (i) Clean and inspect the tailboom assembly for a loose rivet, a 
crack, or other damage in accordance with Part II, paragraphs 2 and 
3, of the ASB; and
    (ii) Using a 10X or higher power magnifying glass, inspect the 
tailboom assembly for a loose rivet or a crack in accordance with 
Part II, paragraphs 4 through 6, of the ASB.
    (4) If the total accumulated hours TIS on the tailboom assembly 
is unknown, assume the tailboom assembly has 8,600 or more hours TIS 
and clean and inspect in accordance with paragraph (e)(1) of this 
AD.
    (5) If there is a crack in the tailboom assembly, before further 
flight, replace it with an airworthy tailboom assembly.

(f) Special Flight Permits

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
requirements of this AD can be accomplished, provided no passenger 
is on board and any crack or damage is temporarily repaired using 
FAA-approved procedures.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Sharon Miles, Aerospace 
Engineer, FAA, Regulations and Policy Group, 2601 Meacham Blvd., 
Fort Worth, Texas 76137; telephone (817) 222-5110; fax (817) 222-
5961; email sharon.y.miles@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(h) Additional Information

    The subject of this AD is addressed in Transport Canada Civil 
Aviation (TCCA) AD No. CF-2009-07, dated March 6, 2009. You may view 
the TCCA AD at http://www.regulations.gov by searching for and 
locating it in Docket No. FAA-2013-0019.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 5302, rotorcraft 
tailboom.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bell Helicopter Textron Canada Alert Service Bulletin No. 
407-08-84, dated

[[Page 38550]]

August 18, 2008, excluding Figure 2 sheets 1 and 4.
    (ii) Reserved.
    (3) For BHTC service information identified in this AD, contact 
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/.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. For information on the availability of this 
material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on June 3, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-14857 Filed 6-26-13; 8:45 am]
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