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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

11001 

Vol. 74, No. 49 

Monday, March 16, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0169; Directorate 

Identifier 2008–SW–42–AD; Amendment 39– 

15833; AD 2009–05–09] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Inc. Model 412, 

412CF, and 412EP Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for the 

specified Bell Helicopter Textron Inc. 

(Bell) model helicopters. This action 

requires reidentifying a certain partnumbered main rotor yoke (yoke) based 

on whether it was ever installed on a 

Model 412CF helicopter or on a Model 

412 or 412EP helicopter with a slope 

landing kit. This AD also requires 

reducing the retirement life of the 

reidentified yokes from 5,000 hours 

time-in-service (TIS) to 4,500 hours TIS. 

Also, this AD requires recording the 

reidentified yoke part number (P/N) and 

the reduced retirement life on the 

component history card or equivalent 

record. This amendment is prompted by 

fatigue analysis that shows that the 

retirement life should be reduced on 

certain yokes. The actions specified in 

this AD are intended to prevent fatigue 

cracking of a yoke, failure of a yoke, and 

subsequent loss of control of the 

helicopter. 

DATES: Effective March 31, 2009. 

Comments for inclusion in the Rules 

Docket must be received on or before 

May 15, 2009. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• 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 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, 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 

Helicopter Textron, Inc., P.O. Box 482, 

Fort Worth, Texas 76101, telephone 

(817) 280–3391, fax (817) 280–6466 or at 

http://www.bellcustomer.com/files/. 

Examining the Docket: You may 

examine the docket that contains the 

AD, any comments, and other 

information 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 Docket 

Operations office (telephone (800) 647– 

5527) is located in Room W12–140 on 

the ground floor of the West Building at 

the street address stated in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Michael Kohner, Aviation Safety 

Engineer, FAA, Rotorcraft Directorate, 

Rotorcraft Certification Office, Fort 

Worth, Texas 76193–0170, telephone 

(817) 222–5170, fax (817) 222–5783. 

SUPPLEMENTARY INFORMATION: This 

amendment adopts a new AD for the 

specified Bell model helicopters. This 

action requires reidentifying a certain 

part-numbered yoke based on whether it 

was ever installed on a Model 412CF 

helicopter or on a Model 412 or 412EP 

helicopter with a slope landing kit. This 

AD also requires reducing the 

retirement life of the reidentified yokes 

from 5,000 hours TIS to 4,500 hours 

TIS. Also, this AD requires recording 

the reidentified yoke P/N and the 

reduced retirement life on the 

component history card or equivalent 

record. This amendment is prompted by 

fatigue analysis that shows that the 

retirement life should be reduced on 

certain yokes. This condition, if not 

corrected, could result in fatigue 

cracking of a yoke, failure of a yoke, and 

subsequent loss of control of the 

helicopter. 

We have reviewed Bell Alert Service 

Bulletin (ASB) No. 412–08–128, dated 

March 4, 2008, for the Model 412 and 

412EP helicopters and ASB No. 412CF– 

08–35 dated March 4, 2008, for the 

Model 412CF helicopters. The ASBs 

specify reducing the life limit of certain 

part-numbered yokes from 5,000 hours 

TIS to 4,500 hours TIS. The ASBs also 

describe procedures for reidentifying 

the yoke P/N and recording the 

information on a component history 

card or equivalent record. 

This unsafe condition is likely to exist 

or develop on other helicopters of these 

same type designs. Therefore, this AD is 

being issued to prevent fatigue cracking 

of a yoke, failure of a yoke, and 

subsequent loss of control of the 

helicopter. This AD applies to Bell 

Model 412 and 412EP helicopters with 

a yoke, P/N 412–010–101–123, –127, 

–129, or –133, with a (BHT–412–SI–62) 

slope landing kit, installed. This AD 

also applies to Model 412CF helicopters 

with yoke, P/N 412–010–101–127 or 

–129, installed. This AD requires the 

following actions within 10 hours TIS 

for each affected model helicopter: 

• Review the helicopter records to 

determine all of the helicopter models 

on which the affected yoke has been 

installed since its production and the 

hours TIS of each yoke. 

• If an affected part-numbered yoke 

has ever been installed on a Model 

412CF or on a Model 412 or 412EP 

helicopter with a (BHT–412–SI–62) 

slope landing kit, P/N 412–704–012– 

101, do the following: 

Æ Reidentify the P/N on the existing 

yoke data plate by using a vibrating 

stylus and etching two lines through the 

last three digits of the existing P/N and 

etching ‘‘137FM’’ adjacent to where you 

etched through the last three digits of 

the original P/N. This converts each 

affected yoke P/N to a new yoke P/N, 

412–010–101–137FM. The serial 

number remains the same. 

Æ Record the reidentified P/N on the 

applicable component history card or 

equivalent record. 

• If you cannot determine all the 

model helicopters on which an affected 

11002 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

yoke has been installed since its 

production or whether it has ever been 

installed on a Model 412 or 412EP 

helicopter with a (BHT–412–SI–62) 

slope landing kit, P/N 412–704–012– 

101, installed, reidentify the yoke as P/ 

N 412–010–101–137FM using a 

vibrating stylus. Record the reidentified 

P/N on the applicable component 

history card or equivalent record. 

• For each reidentified yoke, P/N 

412–010–101–137FM, record the 

revised 4,500-hour TIS life limit on the 

applicable component history card or 

equivalent record. 

This AD revises the Airworthiness 

Limitations section of the applicable 

maintenance manual or the Instructions 

for Continued Airworthiness (ICAs) by 

reducing the retirement life from 5,000 

hours TIS to 4,500 hours TIS for 

reidentified yoke, P/N 412–010–101– 

137FM. 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the structural integrity 

and controllability of the helicopter. 

Therefore, to prevent fatigue cracking, 

the actions described previously are 

required within 10 hours TIS. Also, 

replacing certain yokes that have 

exceeded 4,500 hours TIS but have not 

reached their previous 5,000 hours TIS 

retirement life is required before further 

flight, and this AD must be issued 

immediately. 

Since a situation exists that requires 

the immediate adoption of this 

regulation, it is found that notice and 

opportunity for prior public comment 

hereon are impracticable, and that good 

cause exists for making this amendment 

effective in less than 30 days. 

We estimate that this AD will affect 

115 helicopters and will take about: 

• 1 hour to review the records, 

• 2 hours to revise the maintenance 

manual or ICAs, record the new 

retirement life, reidentify the P/N, and 

• 20 hours to replace a yoke. 

The average labor rate is estimated to be 

$80 per work hour. Required parts will 

cost about $40,157 per helicopter. Based 

on these figures, we estimate the total 

cost of the AD on U.S. operators will be 

$278,142 ($27,600 to review and revise 

the records and $250,542 to replace the 

yokes, assuming 5 percent of the fleet or 

a total of 6 yokes have exceeded the 

4,500-hour life limit). 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

written data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2009–0169; 

Directorate Identifier 2008–SW–42–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light 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 with FAA 

personnel concerning this AD. Using the 

search function of our docket Web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Regulatory Findings 

We have 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 distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the 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); 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 estimated costs to comply with 

this AD. See the AD docket to examine 

the economic evaluation. 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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: 

2009–05–09 Bell Helicopter Textron, Inc.: 

Amendment 39–15833. Docket No. 

FAA–2009–0169; Directorate Identifier 

2008–SW–42–AD. 

Applicability: The following model 

helicopters with the listed part-numbered 

main rotor yoke assembly (yoke), installed, 

certificated in any category. 

Model With yoke part number (P/N) installed 

412 and 412EP ......................................................................................................................................... 412–010–101–123, –127, –129, or –133 

412CF ........................................................................................................................................................ 412–010–101–127, –129 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11003 

Compliance: Within 10 hours time-inservice (TIS), unless accomplished 

previously: 

To prevent fatigue cracking of a yoke, 

failure of the yoke, and subsequent loss of 

control of the helicopter, do the following: 

(a) Review the helicopter records to 

determine all of the helicopter models on 

which the affected yoke has been installed 

since its production and the hours TIS of 

each affected yoke. 

(b) If an affected part-numbered yoke is 

installed or has ever been installed on a 

Model 412CF helicopter or on a Model 412 

or 412EP helicopter with a (BHT–412–SI–62) 

slope landing kit, P/N 412–704–012–101, 

installed, do the following: 

(1) Reidentify the P/N on the existing yoke 

data plate by using a vibrating stylus and 

etching two lines through the last three digits 

of the existing P/N and etching ‘‘137FM’’ 

adjacent to where you etched through the last 

three digits of the original P/N. This converts 

each affected yoke P/N to a new yoke P/N 

412–010–101–137FM. The serial number 

remains the same. 

Note 1: The ‘‘FM’’ P/N suffix denotes a 

field modified part. 

(2) Record the reidentified P/N on the 

applicable component history card or 

equivalent record. 

(c) If you cannot determine all the model 

helicopters on which an affected yoke has 

been installed since its production or 

whether it has ever been installed on a Model 

412 or 412EP helicopter with a (BHT–412– 

SI–62) slope landing kit, P/N 412–704–012– 

101, installed, reidentify the yoke P/N as 

P/N 412–010–101–137FM using a vibrating 

stylus in accordance with paragraph (b)(1) of 

this AD. Record the reidentified P/N on the 

applicable component history card or 

equivalent record. 

(d) For each reidentified yoke, P/N 412– 

010–101–137FM, reduce the retirement life 

from 5,000 hours TIS to 4,500 hours TIS. 

Record the revised life limit on the 

applicable component history card or 

equivalent record. 

Note 2: Bell Helicopter Textron, Inc. Alert 

Service Bulletins No. 412–08–128 and No. 

412CF–08–35, both dated March 4, 2008, 

pertain to the subject of this AD. 

(e) This AD revises the Airworthiness 

Limitations section of the applicable 

maintenance manual or the Instructions for 

Continued Airworthiness (ICAs) by reducing 

the retirement life from 5,000 hours TIS to 

4,500 hours TIS for each reidentified yoke, 

P/N 412–010–101–137FM. 

(f) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Rotorcraft 

Directorate, FAA, ATTN: Michael Kohner, 

Aviation Safety Engineer, Rotorcraft 

Certification Office, Fort Worth, Texas 

76193–0170, telephone (817) 222–5170, fax 

(817) 222–5783, for information about 

previously approved alternative methods of 

compliance. 

(g) Special flight permits will not be 

issued. 

(h) This amendment becomes effective on 

March 31, 2009. 

Issued in Fort Worth, Texas, on February 

12, 2009. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–4950 Filed 3–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28689; Directorate 

Identifier 2006–SW–17–AD; Amendment 39– 

15832; AD 2009–05–08] 

RIN 2120–AA64 

Airworthiness Directives; Trimble or 

FreeFlight Systems 2101 I/O Approach 

Plus Global Positioning System (GPS) 

Navigation Systems 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for the 

Trimble or FreeFlight Systems 2101 I/O 

Approach Plus global positioning 

system (GPS) navigation system (2101 

I/O Approach Plus system) that requires 

a software upgrade for this system. This 

amendment is prompted by an incident 

that led to the discovery of several 

annunciation errors with the 2101 I/O 

Approach Plus system. The actions 

specified by this AD are intended to 

prevent a pilot from making an unsafe 

decision based on erroneous 

information provided by the 2101 I/O 

Approach Plus system, which could 

result in loss of control of the aircraft. 

DATES: Effective April 20, 2009. 

ADDRESSES: You may get the service 

information identified in this AD from 

FreeFlight Systems, 3700 IH 35, Waco, 

Texas, USA, 76706, or by calling (254) 

662–0000 or on the Internet at http:// 

www.freeflightsystems.com. 

Examining the Docket: You may 

examine the docket that contains this 

AD, any comments, and other 

information on the Internet at http:// 

www.regulations.gov or at the Docket 

Operations office, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC. 

FOR FURTHER INFORMATION CONTACT: 

Sung-Hui Cavazos, Aviation Safety 

Engineer, FAA, Rotorcraft Directorate, 

Special Certification Office, Fort Worth, 

Texas 76193–0190, telephone (817) 

222–5142, fax (817) 222–5785. 

SUPPLEMENTARY INFORMATION: A 

proposal to amend 14 CFR part 39 to 

include an AD for the specified 

navigation system was published in the 

Federal Register on July 13, 2007 (72 FR 

38532). That action proposed to require, 

within 180 days after the effective date 

of the AD for aircraft approved for 

instrument flight rule (IFR) flight, or 270 

days after the effective date of the AD 

for aircraft approved for visual flight 

rule (VFR) flight, upgrading the 2101 

I/O Approach Plus system software to 

correct several software errors. 

Freeflight Systems issued Service 

Information Letter (SIL) 81440–XX–00– 

17, dated November 7, 2005, when the 

manufacturer believed that software 

version 241H would correct the 

erroneous information displays. 

However, version 241H did not correct 

all the errors. Therefore, FreeFlight 

Systems issued SIL 81440–XX–00–19, 

dated May 10, 2006, which describes 

the release of new operating system 

software, version 241J, ‘‘that makes 

communication between the Host and 

the GPS processors more robust.’’ 

Freeflight Systems subsequently issued 

Service Bulletin No. SB 81440–XX–00– 

19, dated December 12, 2006, that 

contains the instructions for obtaining 

and upgrading the software to version 

241J. Although the proposed AD 

included a Note referencing SIL 81440– 

XX–00–17, this AD references the most 

recently available service information, 

Service Bulletin No. SB 81440–XX–00– 

19, dated December 12, 2006. 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

comments received. 

The commenter, FreeFlight Systems, 

states that ‘‘the proposed AD specifies 

81440–13–XXXX as being applicable for 

this upgrade. The 81440–13–XXXX is a 

number assigned for an NVG (night 

vision goggles) version of the 81440 that 

was never put into production so no 

units exist that would require this 

upgrade. The 81440–13–XXXX was 

included in error in the AD Worksheet 

identifying applicable systems provided 

to the FAA by FreeFlight Systems.’’ 

Therefore, part number (P/N) 81440–13– 

XXXX (where XXXX is –241E, –241F, or 

241G) should be removed from the AD. 

The FAA concurs and has removed 

those P/Ns from the AD. 

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