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[Federal Register: March 13, 2003 (Volume 68, Number 49)]

[Rules and Regulations]

[Page 11967-11971]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13mr03-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-53-AD; Amendment 39-13079; AD 2003-05-03]

RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Model 407 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for the specified Bell

Helicopter Textron Canada (Bell) model helicopters that requires preflight checking and repetitively

inspecting for a crack in certain tailbooms that have not been redesigned and replacing the tailboom if

a crack is found; modifying and re-identifying certain tailbooms and installing an improved

horizontal stabilizer assembly; and assigning a 5,000 hour time-in-service (TIS) life limit. This

amendment is prompted by cracking discovered in other areas of certain tailbooms and introduction

of a redesigned tailboom with a chemically milled skin, which does not require the current

inspections. The actions specified by this AD are intended to prevent separation of the tailboom and

subsequent loss of control of the helicopter.

DATES: Effective April 17, 2003.

The incorporation by reference of certain publications listed in the regulations is approved by the

Director of the Federal Register as of April 17, 2003.

ADDRESSES: The service information referenced in this AD may be obtained from 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. This information may be examined at the FAA, Office of the

Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; or at the

Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety Engineer, FAA,

Rotorcraft Directorate, Regulations Group, Fort Worth, Texas 76193-0111, telephone (817) 222-

5122, fax (817) 222-5961.
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SUPPLEMENTARY INFORMATION: On March 21, 2000, the FAA 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 is found. That action was

prompted by four reports of cracks on the tailboom in the area of the horizontal stabilizer. The

requirements of that AD were intended to prevent separation of the tailboom and subsequent loss of

control of the helicopter. Next, a proposal to amend 14 CFR part 39 to include an AD for Bell Model

407 helicopters was published in the Federal Register on January 31, 2002 (67 FR 4685). That

NPRM would have required preflight checking and repetitively inspecting for a crack in certain

tailbooms that have not been redesigned and replacing the tailboom if a crack is found. It further

proposed that installing tailboom, P/N 407-030-801-201, would constitute terminating action for the

requirements of that AD.

Since the issuance of that NPRM on January 31, 2002 (67 FR 4685), the manufacturer has issued

Bell Helicopter Textron Alert Service Bulletin (ASB) No. 407-99-26, Revision C, dated February 28,

2002, that addresses inspection procedures for certain tailbooms. The manufacturer also issued Bell

Helicopter Textron ASB No. 407-01-48, Revision B, dated April 25, 2002, that details the

modification and re-identification of those certain tailbooms, assigns a life limit, and details new

inspection procedures for those re-identified tailbooms. Additionally, ASB 407-01-48 assigns a life

limit and details new inspection procedures for another part-numbered tailboom that was modified by

the manufacturer. Further, in addition to the redesigned tailboom, P/N 407-030-801-201, referenced

in the NPRM, Bell has at least one additional redesigned tailboom, P/N 407-030-801-203, for these

helicopters. Transport Canada, which is the airworthiness authority for Canada, has issued a revised

AD No. CF-1999-17R2, dated April 5, 2002, to address these changed requirements.

After reviewing comments received in response to that proposal as well as updated service

information from the manufacturer, on November 14, 2002 (67 FR 68952), the FAA published a

supplemental notice in the Federal Register to propose mandating daily pre-flight checks and initial

25-hour TIS inspections with recurring 50 hour TIS inspections for the tailbooms, P/N 407-030-801-

101 and -105, until they are modified and re-identified. Once modified and re-identified as P/N 407-

530-014-101 and -103, respectively, the FAA proposed to mandate the 150-hour TIS inspection and

assign a 5,000-hour TIS life limit. The 150-hour TIS inspection and 5,000 hour life limit also applies

to the tailboom, P/N 407-030-801-107. Additionally, the cite to tailboom, P/N 407-030-801-201, as a

terminating action was removed since the installation of other redesigned tailbooms may also

effectively remove a helicopter from the applicability of this proposal, thereby constituting a

terminating action for the requirements of this AD.

Interested persons have been afforded an opportunity to participate in the making of this

amendment. Due consideration has been given to the comments received.

Two commenters state that the instructions need to be clear regarding the assignment of the life

limit. The FAA agrees and has changed paragraph (d) of the AD to clarify the tailboom life limit. For

the modified tailbooms, P/N 407-530-014-101 and P/N 407-530-014-103, 5,000 hours TIS since

modified and installed is the life limit. The life limit for tailboom, P/N 407-030-801-107, is 5,000

hours since new (initially installed on any helicopter).

One commenter states that the proposed compliance date may be too short. Additionally, the

commenter points out an incorrect reference in the preamble discussion to the part number tailboom

cited for use as a terminating action. The FAA agrees; P/N 407-030-801-101 cited in the discussion

should have been P/N 407-030-801-201. Also, the FAA agrees that the compliance time was too

short. Because the compliance time cited in the proposal was ''January 31, 2003'' and that date has

passed, the required compliance time for paragraph (c) of the AD is changed to ''within 30 days.''

After careful review of the available data, including the comments noted above, the FAA has

determined that air safety and the public interest require the adoption of the rule with the changes

described previously. The FAA has determined that these changes will neither increase the economic

burden on any operator nor increase the scope of the AD.
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The FAA estimates that 284 helicopters of U.S. registry will be affected by this AD, that it will

take approximately 3.5 work hours per helicopter to accomplish the initial inspections, 1.5 work

hours per helicopter to accomplish the recurring inspections, and 18 work hours per helicopter to

accomplish the modification, and that the average labor rate is $60 per work hour. Required parts will

cost approximately $1,244 per helicopter. Based on these figures, the total cost impact of the AD on

U.S. operators is estimated to be $3,254 per helicopter, or $924,136, assuming all U.S. registered

helicopters are required to be modified and initially inspected, and have 8 repetitive inspections per

year. In its service information, under certain conditions, the manufacturer offers a ''special'' warranty

for parts needed for modifying tailbooms, P/N 407-030-801-101 and -105, and a labor allowance of

$480.

The regulations adopted herein 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, it is determined that this final

rule does not have federalism implications under Executive Order 13132.

For the reasons discussed above, I certify that this action (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); 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. A final evaluation has been prepared for this action and it is contained in

the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal

Aviation Administration amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to read as follows:
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AIRWORTHINESS DIRECTIVE

Aircraft Certification Service

Washington, DC

U.S. Department

of Transportation

Federal Aviation

Administration

We post ADs on the internet at "www.faa.gov"

The following Airworthiness Directive issued by the Federal Aviation Administration in accordance with the provisions of Title 14 of the Code of Federal Regulations (14 CFR) part 39,

applies to an aircraft model of which our records indicate you may be the registered owner. Airworthiness Directives affect aviation safety and are regulations which require immediate

attention. You are cautioned that no person may operate an aircraft to which an Airworthiness Directive applies, except in accordance with the requirements of the Airworthiness

Directive (reference 14 CFR part 39, subpart 39.3).

CORRECTION: [An error exists in the "Summary paragraph" and, "§ 39.13 [Amended] 2.

paragraph" of the preamble of this AD. The FAA will issue a correction to include the supersedure

references.]

2003-05-03 Bell Helicopter Textron Canada: Amendment 39-13079. Docket No. 2001-SW-53-AD.

Supersedes AD 2000-06-10, Docket No. 99-SW-75-AD, Amendment 39-11651.

Applicability: Model 407 helicopters, serial numbers 53000 through 53475, with tailboom, part

number (P/N) 407-030-801-101, -105 or-107, or P/N 407-530-014-101 or -103, (re-identified in

accordance with Bell Helicopter Textron (Bell) Alert Service Bulletin (ASB) 407-01-48, Revision B,

dated April 25, 2002), installed, certificated in any category.

Note 1: This AD applies to each helicopter identified in the preceding applicability provision,

regardless of whether it has been otherwise modified, altered, or repaired in the area subject to the

requirements of this AD. For helicopters that have been modified, altered, or repaired so that the

performance of the requirements of this AD is affected, the owner/operator must request approval for

an alternative method of compliance in accordance with paragraph (h) of this AD. The request should

include an assessment of the effect of the modification, alteration, or repair on the unsafe condition

addressed by this AD; and if the unsafe condition has not been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated.

To prevent separation of the tailboom and subsequent loss of control of the helicopter,

accomplish the following:

Applicable tailboom Compliance time Actions In accordance with

(a) Tailboom, P/N 407–

030–801–101 and –105,

that have not been

modified in accordance

with Bell ASB 407–01–

048, Revision B, dated

April 25, 2002.

Before the first

flight of each day

Visually check the tailboom

for cracks. An owner/operator

(pilot) holding at least a

private pilot certificate may

perform the visual check

required by this paragraph, but

must enter compliance with

this paragraph into the

helicopter records in

accordance with 14 CFR 43.11

and 91.417(a)(2)(v).

Figure 1 of this AD.
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(b) Tailboom, P/N 407–

030–801–101 and –105,

that have 600 or more

hours TIS and have not

been modified in

accordance with Bell

ASB 407–01–48,

Revision B, dated April

25, 2002.

Within 25 hours

time-in-service

(TIS), and

thereafter at

intervals not to

exceed 50 hours

TIS.

Visually inspect the tailboom

for cracks using a 10x or

higher magnifying glass.

Part II of the

Accomplishment

Instructions of Bell

ASB 407–99– 26,

Revision C, dated

February 28, 2002,

except contacting Bell is

not required.

(c) Tailboom, P/N 407–

030–801–101 and –105.

Within 600 hours

TIS, but not later

than 30 days,

unless previously

accomplished.

Modify and re-identify

tailbooms as P/N 407–530–

014–101 and –103,

respectively, and install

improved horizontal stabilizer

assembly, P/N 407–023–800–

ALL.

Parts I and III of the

Accomplishment

Instructions in Bell ASB

407–01–48, Revision B,

dated April 25, 2002,

and Bell Technical

Bulletin No. 407–01–

33, dated August 29,

2001, except contacting

Bell is not required.

(d) Tailboom, P/N 407–

530–014–101 and –103;

and P/N 407– 030–801–

107.

Before further

flight after the

tailboom is

modified and

reidentified,

unless previously

accomplished.

Create a historical service

record sheet and assign a life

limit of 5,000 hours TIS since

modification, re-identification,

and installation of tailboom,

P/N 407–530–014–101 or –

103, on any helicopter, or

initial installation of P/N 407–

030–801–107 on any

helicopter.

Part IV of the

Accomplishment

Instructions in Bell ASB

407–01–48, Revision B,

dated April 25, 2002.

(e) Tailboom, P/N 407–

530–014–101 and 103;

and P/N 407–030– 801–

107.

Within 150 hours

TIS after

modification, or

within 150 hours

TIS since new,

and thereafter at

intervals not to

exceed 150 hours

TIS.

Inspect the tailboom for a

crack

Parts IV and V of the

Accomplishment

Instructions in Bell ASB

407–01–48, Revision B,

dated April 25, 2002.

(f) All applicable partnumbered tailbooms.Before further

flight

If a crack is found, replace the

tailboom.

The applicable

maintenance manual.
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(g) This AD revises the helicopter Airworthiness Limitations section of the maintenance manual

by establishing a new retirement life for the tailboom, P/N 407-530-014-101 and -103, and P/N 407-

030-801-107 of 5,000 hours TIS.
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(h) An alternative method of compliance or adjustment of the compliance time that provides an

acceptable level of safety may be used if approved by the Manager, Regulations Group, Rotorcraft

Directorate, FAA. Operators shall submit their requests through an FAA Principal Maintenance

Inspector, who may concur or comment and then send it to the Manager, Regulations Group.

Note 2: Information concerning the existence of approved alternative methods of compliance

with this AD, if any, may be obtained from the Regulations Group.

(i) Special flight permits may be issued in accordance with §§ 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and 21.199) to operate the helicopter to a location where the

requirements of this AD can be accomplished.

(j) The inspections shall be done in accordance with Part II of the Accomplishment Instructions

in Bell Helicopter Textron Alert Service Bulletin No. 407-99-26, Revision C, dated February 28,

2002. The modifications and re-identifications shall be accomplished in accordance with Bell

Helicopter Textron Technical Bulletin No. 407-01-33, dated August 29, 2001, and Parts I and III of

the Accomplishment Instructions in Bell Helicopter Textron Alert Service Bulletin 407-01-48,

Revision B, dated April 25, 2002. The creation of historical service record sheets and inspections

shall be done in accordance with Parts IV and V of the Accomplishment Instructions in Bell

Helicopter ASB 407-01-48, Revision B, dated April 25, 2002. These incorporations by reference

were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from 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. Copies

may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham

Blvd., Room 663, Fort Worth, Texas; or at the Office of the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

(k) This amendment becomes effective on April 17, 2003.

Note 3: The subject of this AD is addressed in Transport Canada (Canada) AD No. CF-1999-

17R2, dated April 5, 2002.

Issued in Fort Worth, Texas, on March 3, 2003.

David A. Downey,

Manager, Rotorcraft Directorate, Aircraft Certification Service.

[FR Doc. 03-5576 Filed 3-12-03; 8:45 am]

BILLING CODE 4910-13-P