```

[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Proposed Rules]
[Pages 7308-7311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02253]

[[Page 7308]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0019; Directorate Identifier 2010-SW-051-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Bell Helicopter Textron Canada (BHTC) Model 407 helicopters with 
certain tailboom assemblies installed. This proposed AD would require, 
at specified intervals, inspecting the tailboom assembly for a crack, 
loose rivet, or other damage. This proposed AD is prompted by a stress 
analysis of the tailboom skin that revealed 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: We must receive comments on this proposed AD by April 2, 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 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 a copy of the referenced 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, 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.

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

    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.''

 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 proposing this AD because we evaluated all known 
relevant information and determined that an unsafe condition exists and 
is likely to exist or develop on other products of the same type 
design.

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 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.

Proposed AD Requirements

    Unless accomplished previously, this proposed AD would require:
     Within 100 hours time-in-service (TIS) or at the next 
tailboom inspection, whichever comes first, and thereafter at intervals 
not to exceed 300 hours TIS, cleaning and inspecting the tailboom 
assembly for a loose rivet, a crack, or other damage. If there is a 
crack in the tailboom assembly, this proposed AD would require 
replacing it with an airworthy tailboom assembly before further flight.
     For helicopters with a tailboom assembly that has 6,900 or 
more hours TIS, this proposed AD would also require, within 25 hours 
TIS or 30 days, whichever occurs first, cleaning and inspecting the 
tailboom assembly for a crack, either by using a 10X or higher power 
magnifying glass (and thereafter repeating the 10X or higher power 
magnifying glass inspection at intervals not to exceed 150 hours TIS), 
or by eddy current inspection (and thereafter at intervals not to 
exceed 500 hours TIS).
     For helicopters with a tailboom assembly that has 8,600 or 
more hours TIS, or an unknown number of hours TIS, this proposed AD 
would also require either visually checking for a

[[Page 7309]]

crack before the first flight of each day, or cleaning and inspecting 
around each fastener and just above the edge of the upper stabilizer 
support within 25 hours TIS, or 30 days, whichever comes first, and 
thereafter at intervals not to exceed 50 hours TIS. The visual check 
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. This authorization is an 
exception to our standard maintenance regulations.

Differences Between This Proposed 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.

Costs of Compliance

    We estimate that this proposed AD would 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 would each take about 2.5 hours. At an 
average labor rate of $85 per hour, this would 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 would 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 would 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 would cost about 
$276. Multiply $276 times the 13 recurring inspections would 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 would take 10 work hours at an 
average labor rate of $85 per hour for a total labor cost of $850 per 
helicopter. Parts would cost $82,850 for a total cost per helicopter of 
$83,700. Assuming that 5 helicopters per year would need a replacement 
tailboom, the fleet replacement cost would 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 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 adding the following new Airworthiness 
Directive (AD):

Bell Helicopter Textron Canada (BHTC): 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) 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.

(d) 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 (d)(1)(i)(A) or (d)(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 1 and 2 to 
Paragraph (d) 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 91.417(a)(2)(v). The record must be 
maintained as required by 14 CFR 91.417, 121.380, or 135.439; or

[[Page 7310]]

[GRAPHIC] [TIFF OMITTED] TP01FE13.103

[[Page 7311]]

[GRAPHIC] [TIFF OMITTED] TP01FE13.104

    (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 (d) of this AD, using a 10X or higher power magnifying 
glass.
    (ii) Comply with the requirements of paragraph (d)(2)(i)(A) or 
(d)(2)(i)(B), and paragraph (d)(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 (d)(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 (d)(1) of this 
AD.
    (5) If there is a crack in the tailboom assembly, before further 
flight, replace it with an airworthy tailboom assembly.

(e) Special Flight Permit

    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.

(f) Alternative Methods of Compliance (AMOC)

    (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.

(g) Additional Information

    The subject of this AD is addressed in Transport Canada Civil 
Aviation (TCCA) AD CF-2009-07, dated March 6, 2009.

(h) Subject

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

    Issued in Fort Worth, Texas, on January 9, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-02253 Filed 1-31-13; 8:45 am]
BILLING CODE 4910-13-P
```