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[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Rules and Regulations]
[Pages 11001-11003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4950]

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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules 
and Regulations

[[Page 11001]]

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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.

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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 part-numbered 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:
    [cir] 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.
    [cir] 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

[[Page 11002]]

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

0
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

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. 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
----------------------------------------------------------------------------------------------------------------

[[Page 11003]]

    Compliance: Within 10 hours time-in-service (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
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