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[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Proposed Rules]
[Pages 41877-41882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16727]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0574; Directorate Identifier 2008-SW-22-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada (Bell) 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) for the Bell Model 407 helicopters. The existing AD currently 
requires preflight checking and repetitively inspecting for a crack in 
certain tailbooms that have been redesigned, replacing the tailboom if 
there is a crack, modifying and re-identifying certain tailbooms, 
installing an improved horizontal stabilizer assembly, and assigning a 
5,000 hour time-in-service (TIS) limit. Since we issued that AD, we 
have received several additional reports of cracked tailboom skins. 
This proposed AD would retain the existing requirements and apply 
additional inspection requirements. The proposed actions are intended 
to prevent separation of the tailboom and subsequent loss of control of 
the helicopter.

DATES: We must receive comments on this proposed AD by September 10, 
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address 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 Operations Office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the economic 
evaluation, any comments received and other information. The street 
address for the Docket Operations Office (telephone 800-647-5527) is in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.
    For service information identified in this proposed AD, contact 
Bell Helicopter 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/. You may review service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5110, 
fax (817) 222-5961, email sharon.y.miles@faa.gov.

[[Page 41878]]

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    On March 21, 2000, we issued AD 2000-06-10, Amendment 39-11651 (65 
FR 16804, March 30, 2000), to require preflight checking and 
repetitively inspecting the tailboom for a crack and replacing the 
tailboom if a crack was found. On March 3, 2003, we issued AD 2003-05-
03, Amendment 39-13079 (68 FR 11967, March 13, 2003), which superseded 
AD 2000-06-10. AD 2003-05-03 requires prelight checks and repetitive 
inspections, modifying and reidentifying certain tailbooms, installing 
an improved horizontal stabilizer assembly, and assigning a 5,000-hour 
TIS life limit to certain tailbooms. AD 2003-05-03 was intended to 
prevent separation of the tailboom and subsequent loss of control of 
the helicopter.

Actions Since Existing AD Was Issued

    Since we issued AD 2003-05-03, Transport Canada, which is the 
aviation authority for Canada, has issued Canadian AD No. CF-2008-04, 
dated January 11, 2008 (AD CF-2008-04), based on several reports of 
cracks to the tailboom skin on the left side in the area of horizontal 
stabilizer found by visual inspection. AD CF-2008-04 mandates new 
inspection requirements based on the manufacturer's service information 
discussed in the ``Related Service Information'' section of this NPRM.

FAA's Determination

    This helicopter model has been approved by the aviation authority 
of Canada and is approved for operation in the United States. Pursuant 
to our bilateral agreement, Transport Canada has kept the FAA informed 
of the situation described above. We are proposing this AD because we 
evaluated all known relevant information and determined that an unsafe 
condition is likely to exist or develop on other helicopters of these 
same type designs.

Related Service Information

    We reviewed Bell Alert Service Bulletin (ASB) No. 407-07-80 and ASB 
No. 407-01-48, Revision C, both dated August 27, 2007. In ASB No. 407-
07-80, Bell states they have received additional reports of cracked 
tailboom skins, part number (P/N) 407-030-801-157, affecting tailboom 
assemblies, P/N 407-530-014-101 and -103 (modified per AD 2003-05-03, 
reference ASB 407-01-48, Revision B, dated April 25, 2002), and 
original production tailboom assembly, P/N 407-030-801-107. Each report 
indicated a crack above the left side upper stabilizer attachment 
support at Station 98.89. Further investigation conducted by Bell 
revealed other areas of the tailbooms require additional attention. 
Thus, ASB 407-07-080 contains procedures for preparing the tailboom for 
repetitive inspection, preflight checking the tailboom, and 
repetitively inspecting the tailboom. Bell specifies that replacing the 
affected tailboom assembly, P/N 407-530-014-101, -103 or 407-030-801-
107, with tailboom assembly, P/N 407-030-801-201, -203, -205, or later 
dash numbers is terminating action for Bell ASB No. 407-07-80.
    In ASB 407-01-48, Bell states that since issuing ASB 407-99-26, 
Revision C, dated February 28, 2002, they have received additional 
reports of cracks in the upper skins, which originated from holes where 
the fasteners are installed at the forward and aft section of the left 
upper stabilizer support, P/N 407-023-800-117. ASB 407-01-48 contains 
procedures for inspecting the tailboom on the left side where the 
fasteners are installed, installing an improved horizontal stabilizer 
assembly and re-identifying the tailboom, and assigning a 5,000-hour 
TIS life limit to the tailboom.

Proposed AD Requirements

    This proposed AD addresses certain part-numbered tailbooms that 
were modified and reidentified as one new P/N. These same P/Ns are 
addressed by new inspection requirements. This proposed AD retains the 
requirements of the superseded AD for certain part-numbered tailbooms 
and establishes new requirements for certain other P/Ns, by requiring 
compliance with portions of the Bell ASBs as follows:
     For tailboom, P/Ns 407-030-801-101 and -105, which have 
not been modified, conduct daily preflight checks of the tailboom for a 
crack and repetitively inspect the tailboom for a crack. Within 600 
hours TIS or 30 days, modify and re-identify these part-numbered 
tailbooms as P/N 407-530-014-101 or 407-530-014-103, and install an 
improved horizontal stabilizer assembly.
     For P/Ns 407-530-014-101 and -103 and P/N 407-030-801-107, 
revise the Airworthiness Limitations section of the maintenance manual 
by establishing a retirement life of 5,000 hours TIS, prepare the 
tailboom for daily visual checks and inspections, and inspect the 
tailboom for a crack. Thereafter, visually check the tailboom for a 
crack before the first flight of each day and repetitively inspect the 
tailboom for a crack every 100 hours TIS.
     For all P/Ns, if there is a crack, before further flight, 
replace the tailboom. If there is no crack, ensure both surfaces are 
dry and protect each reworked area with a thin coat of clear coating.
     An owner/operator (pilot) may perform the daily visual 
checks required by this proposed AD because these checks require no 
special tools and can be performed equally well by a pilot or a 
mechanic. This authorization is an exception to our standard 
maintenance regulations.

Differences Between This Proposed AD and the Transport Canada AD

    This AD would not require you to contact the manufacturer. This AD 
does not state that replacing the affected tailboom with tailboom, P/N 
407-030-801-201, -203, -205, or later numbers constitutes terminating 
action because installing other part-numbered tailbooms than those 
listed in the applicability of this AD may also result in terminating 
action for the requirements of this AD.

Costs of Compliance

    We estimate that this proposed AD would affect about 464 
helicopters of U.S. registry. We estimate that operators would incur 
the following costs in order to comply with this AD. We estimate the 
time for conducting pilot checks is minimal and thus we are assuming 
there is no cost. It would take about .5 work-

[[Page 41879]]

hour to perform the annotations in the helicopter records, 1.5 work 
hours to prepare the inspection area and do the magnification 
inspection, and 2.5 work hours to do the repetitive 100-hour TIS 
inspections at an average labor rate of $85 per work-hour. Based on 
these figures, we estimate the cost of the proposed AD on U.S. 
operators would be $1,445 per helicopter and $670,480 for the U.S. 
operator fleet to do the checks and inspections, based on 6 repetitive 
inspections the first year. The previous AD affected 284 helicopters, 
and we estimated 3.5 work hours to do the initial inspection, 1.5 work 
hours to do the recurring inspections, and 18 work hours to do the 
modification at an average labor rate of $60 per work hour. Required 
parts were estimated at $1,244 per helicopter. Based on these figures, 
the total cost of the AD on U.S. operators was estimated to be $3,254 
per helicopter or $924,136, based on 8 repetitive inspections per year.
    According to Bell, the cost of a new tailboom is $82,850. Per Bell 
ASB 407-07-80, the costs to replace the tailboom may be covered under 
warranty, thereby reducing the cost impact on affected individuals. We 
do not control warranty coverage by Bell. We have included all costs in 
our cost estimate.

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, 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);
    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 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

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 removing Airworthiness Directive (AD) 
2003-05-03 (68 FR 11967, March 13, 2003) and by adding the following 
new AD:

Bell Helicopter Textron Canada: Docket No. FAA-2013-0574; 
Directorate Identifier 2008-SW-22-AD.

(a) Applicability

    This AD applies to Model 407 helicopters, serial numbers 53000 
through 53475, with tailboom, part number (P/N) 407-030-801-101, -
105, or -107, or 407-530-014-101 or -103, installed, certificated in 
any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as cracks in the tailboom 
skin on the left side in the area of horizontal stabilizer, which 
could result in separation of the tailboom and subsequent loss of 
control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2003-05-03, Amendment 39-13079 (68 FR 
11967, March 13, 2003), which superseded AD 2000-06-10, Amendment 
39-11651 (65 FR 16804, March 30, 2000).

(d) Comments Due Date

    We must receive comments by September 10, 2013.

(e) 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.

(f) Required Actions

    (1) For tailboom, P/Ns 407-030-801-101 and -105:
    (i) Unmodified per Bell Alert Service Bulletin (ASB) 407-01-48, 
Revision C, dated August 27, 2007 (ASB 407-01-48):
    (A) Before the first flight of each day, visually check the 
tailboom for a crack, as depicted in Figure 1 to paragraph 
(f)(1)(i)(A) of this AD.
BILLING CODE 4910-13-P

[[Page 41880]]

[GRAPHIC] [TIFF OMITTED] TP12JY13.000

BILLING CODE 4910-13-C
    (B) For a tailboom with 600 or more hours time-in-service (TIS), 
within 25 hours TIS and thereafter at intervals not to exceed 50 
hours TIS, visually inspect the tailboom for a crack using a 10X or 
higher magnifying glass by following the Accomplishment 
Instructions, Part II, of Bell ASB 407-99-26, Revision C, dated 
February 28, 2002, except this AD does not require you to contact 
Bell.
    (ii) Within 600 hours TIS, but not later than 30 days:
    (A) Modify and re-identify each tailboom, P/N 407-030-801-101 as 
407-530-014-101, and P/N 407-030-801-105 as 407-530-014-103, by 
following the Accomplishment Instructions, Parts I and III, of ASB 
407-01-48.
    (B) Install improved horizontal stabilizer assembly, P/N 407-
023-800-ALL, by following Bell Technical Bulletin No. 407-01-33, 
dated August 29, 2001, except this AD does not require you to 
contact Bell.
    (2) For tailboom, P/Ns 407-530-014-101 and -103, and P/N 407-
030-801-107:
    (i) Before further flight after the tailboom is modified and re-
identified, revise the Airworthiness Limitations section of the 
maintenance manual by establishing a retirement life of 5,000 hours 
TIS. Create a component history card or equivalent record and assign 
a life limit of 5,000 hours TIS by

[[Page 41881]]

following the Accomplishment Instructions, Part IV, of ASB 407-01-
48.
    (ii) Within 25 hours TIS or 30 days, whichever occurs first, 
prepare the tailboom for daily visual checks and recurring 
inspections and inspect the tailboom for a crack by following the 
Accomplishment Instructions, Part II, Steps 1.a) through 1.f), of 
Bell ASB 407-07-80, dated August 27, 2007 (ASB 407-07-80).
    (iii) Thereafter, before the first flight of each day, clean the 
area on the tailboom where paint has been removed and visually check 
the tailboom for a crack as depicted in Figure 2 to Paragraph 
(f)(2)(iii) of this AD.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TP12JY13.001

BILLING CODE 4910-13-C
    (iv) Within 100 hours TIS and thereafter at intervals not to 
exceed 100 hours TIS, using a 10x or higher power magnifying glass, 
inspect each tailboom for a loose rivet, a crack, skin corrosion, or 
any other damage, by following the Accomplishment Instructions, Part 
IV, Steps 1 through 6, of ASB 407-07-80, except this AD does not 
require you to contact Bell. If there is corrosion within an 
allowable tolerance, repair each area of corrosion.
    (3) If there is a crack, before further flight, replace the 
tailboom.
    (4) If there is no crack, make sure both of the inspection area 
surfaces are dry and protect each reworked area with a thin coat of 
clear coating.

[[Page 41882]]

    (5) The actions required by paragraphs (f)(1)(i)(A) and 
(f)(2)(iii) of this AD 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 91.417(a)(2)(v). This 
record must be maintained as required by 14 CFR 91.417, 121.380, or 
135.439.

(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, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; 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-2008-04, dated January 11, 2008. You may 
view the TCCA AD on the Internet at http://www.regulations.gov in 
Docket No. FAA-2013-0574.

(i) Subject

    Joint Aircraft Service Component (JASC) Code is 5300: Rotorcraft 
Tail Boom, and 5302: Middle Section.

    Issued in Fort Worth, Texas, on June 12, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-16727 Filed 7-11-13; 8:45 am]
BILLING CODE 4910-13-P
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