12098 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 

manufacturer of the cargo hook. The lever is 

a component of the cargo hook, P/N 528– 

010–01. This lever is a critical structural 

component of the cargo hook, and a crack 

could result in inadvertent loss of the cargo 

hook load. 

Actions and Compliance 

(e) Before each cargo hook operation, 

visually inspect the cargo hook lever, P/N 

232–028–00, for any crack. Use a 10-power 

or higher magnifying glass and inspect in the 

area depicted in Figures 1 and 2 of the 

following Agusta Alert Bollettino Tecnico 

(ABT), all dated June 6, 2007: 

(1) ABT No. 109EP–78 for Model A109E 

helicopters; 

(2) ABT No. 109S–12 for Model A109S 

helicopters; or 

(3) ABT No. 119–21 for Model A119 

helicopters. 

(f) If a crack is found in the lever, do not 

use the cargo hook until the entire cargo hook 

is replaced with an airworthy cargo hook 

with an uncracked lever. 

Differences Between the FAA AD and the 

MCAI AD 

(g) This AD differs from the MCAI AD in 

that we: 

(1) Exclude the August 31, 2007 

compliance date because that date has 

passed; 

(2) Exclude the Model A109LUH from the 

applicability and do not reference Agusta 

ABT No. 109L–006 because the Model 

A109LUH helicopter is not on the U.S. type 

certificate, H7EU; 

(3) Add the Model AW119MKII to the 

applicability; 

(4) Require the use of a 10-power or higher 

magnifying glass to accomplish the visual 

inspections; and 

(5) Exclude the kit installation P/N, relying 

instead on the cargo hook and lever P/N. 

Other Information 

(h) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Send 

information to Attn: John Strasburger, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5167; fax (817) 222– 

5961. 

Related Information 

(i) EASA Emergency AD No. 2007–0160–E, 

dated June 7, 2007, contains related 

information. 

Air Transport Association of America (ATA) 

Tracking Code 

(j) Air Transport Association of America 

(ATA) Code 2550: Cargo Compartments. 

Issued in Fort Worth, Texas on March 4, 

2009. 

Jerald E. Strentz, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6224 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0227; Directorate 

Identifier 2007–SW–65–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada Model 427 

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 427 helicopters. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by the aviation authority of 

Canada to identify and correct an unsafe 

condition on an aviation product. 

Transport Canada, the aviation authority 

of Canada, with which we have a 

bilateral agreement, states that it has 

been determined that the existing 

hardware connecting the vertical fin to 

the tail rotor gearbox needs to be 

upgraded, to prevent the vertical fin 

from becoming loose. 

BHTC has received reports of loose 

vertical fins discovered during 

inspections. Investigation revealed that 

the current vertical fin attachment 

hardware may not provide adequate 

clamp-up. If not corrected, the vertical 

fin could become loose and cause 

vibration, which could lead to 

subsequent loss of control of the 

helicopter. The proposed AD would 

require actions that are intended to 

address this unsafe condition. 

DATES: We must receive comments on 

this proposed AD by April 22, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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 proposed AD 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, or at http:// 

www.bellcustomer.com/files/. 

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 FURTHER INFORMATION CONTACT: 

Sharon Miles, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Guidance Group, Fort Worth, Texas 

76193–0111, telephone (817) 222–5122, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0227; Directorate Identifier 

2007–SW–65–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 we receive 

about this proposed AD. 

Discussion 

Transport Canada, which is the 

aviation authority for Canada, has 

issued an MCAI in the form of Canadian 

Airworthiness Directive CF–2007–22, 

dated September 14, 2007 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. Transport Canada states in the 

MCAI that it has been determined that 

the existing hardware connecting the 

vertical fin to the tail rotor gearbox need 

to be upgraded, to prevent the vertical 

fin from becoming loose. 

BHTC has received reports of loose 

vertical fins discovered during 

inspections. Investigation revealed that 

the current vertical fin attachment 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 12099 

hardware may not provide adequate 

clamp-up. If not corrected, the vertical 

fin could become loose and cause 

vibration, which could lead to 

subsequent loss of control of the 

helicopter. 

You may obtain further information 

by examining the MCAI and service 

information in the AD docket. 

Relevant Service Information 

Bell Helicopter Textron has issued 

Alert Service Bulletin No. 427–06–15, 

dated December 14, 2006. The actions 

described in the MCAI are intended to 

correct the same unsafe condition as 

that identified in the service 

information. 

FAA’s Determination and Requirements 

of This Proposed AD 

This model helicopter has been 

approved by Transport Canada, which is 

the aviation authority of Canada, and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with this State of Design, we 

have been notified of the unsafe 

condition described in the MCAI. We 

are proposing this AD because we 

evaluated all pertinent information and 

determined an unsafe condition exists 

and is likely to exist or develop on other 

products of this same type design. 

Differences Between This AD and the 

MCAI 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. This 

AD differs from the MCAI as follows: 

• We do not require compliance ‘‘no 

later than November 27, 2007’’, because 

that date has passed. 

• We refer to the compliance time as 

‘‘hours time-in-service’’ rather than ‘‘air 

time hours.’’ 

These differences are highlighted in 

the ‘‘Differences Between this AD and 

the MCAI’’ section in the AD. 

Costs of Compliance 

We estimate that this proposed AD 

would affect about 17 products of U.S. 

registry. We also estimate that it would 

take about 2 work-hours per helicopter 

to remove and visually inspect the 

vertical fin and the tail rotor gearbox 

attachment legs and to re-install the 

vertical fin. The average labor rate is $80 

per work-hour. Required parts would 

cost about $227 per helicopter. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$6,579 for the fleet, or $387 per 

helicopter, to perform the inspections 

and remove and re-install the vertical 

fin. 

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 

helicopters 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 above, 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); 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 proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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 

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. The FAA amends § 39.13 by adding 

the following new AD: 

Bell Helicopter Textron Canada (BHTC): 

Docket No. FAA–2009–0227; Directorate 

Identifier 2007–SW–65–AD. 

Comments Due Date 

(a) We must receive comments by April 22, 

2009. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model 427 

helicopters, serial numbers 56001 through 

56057, 58001, and 58002, certificated in any 

category. 

Reason 

(d) Transport Canada states in the 

mandatory continuing airworthiness 

information (MCAI) that it has been 

determined that the existing hardware 

connecting the vertical fin to the tail rotor 

gearbox need to be upgraded, to prevent the 

vertical fin from becoming loose. BHTC has 

received reports of loose vertical fins 

discovered during inspections. Investigation 

revealed that the current vertical fin 

attachment hardware may not provide 

adequate clamp-up. If not corrected, the 

vertical fin could become loose and cause 

vibration, which could lead to subsequent 

loss of control of the helicopter. 

Actions and Compliance 

(e) Within the next 150 hours time-inservice, unless already done, do the 

following: 

(1) Remove the vertical fin and visually 

inspect the inboard and outboard surfaces of 

the vertical fin where it attaches to the tail 

rotor gearbox support for a crack, an 

elongated bolt hole, fretting, distortion and 

corrosion. 

(2) Visually inspect the tail rotor gearbox 

support attachment legs for a crack, fretting 

and corrosion. 

(f) If a crack, elongated bolt hole, fretting, 

distortion or corrosion is detected, repair or 

replace the part with an airworthy part before 

further flight. 

(g) Reinstall the vertical fin. 

Differences Between This AD and the MCAI 

(h) This AD differs from the MCAI as 

follows: 

(1) We do not require compliance ‘‘no later 

than November 27, 2007’’, because that date 

has passed. 

(2) We refer to the compliance time as 

‘‘hours time-in-service’’ rather than ‘‘air time 

hours.’’ 

Other Information 

(i) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Send 

information to ATTN: Sharon Miles, Aviation 

Safety Engineer, FAA, Rotorcraft Directorate, 

Regulations and Guidance Group, Fort 

Worth, Texas 76193–0111, telephone (817) 

222–5122, fax (817) 222–5961. 


dwashington3 on PROD1PC60 with PROPOSALS
12100 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 

Related Information 

(j) Mandatory Continuing Airworthiness 

Information (MCAI) Transport Canada 

Airworthiness Directive CF–2007–22, dated 

September 14, 2007, and Bell Helicopter 

Textron Alert Service Bulletin No. 427–06– 

15, dated December 14, 2006, contain related 

information. 

Subject 

(k) Air Transport Association of America 

(ATA) Code:5553, Vertical Stabilizer, Attach 

Fittings. 

Issued in Fort Worth, Texas, on March 4, 

2009. 

Jerald E. Strentz, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6225 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0160; Directorate 

Identifier 2008–NM–176–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model MD–90–30 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

McDonnell Douglas Model MD–90–30 

airplanes. This proposed AD would 

require repetitive inspections for cracks 

of the upper aft skin panels on the 

horizontal stabilizer, and related 

investigative and corrective actions if 

necessary. This proposed AD results 

from a report of cracks found in the aft 

skin panels on the upper right side of 

the horizontal stabilizer at the aft 

inboard corner. We are proposing this 

AD to detect and correct cracks in the 

fail-safe structure that may not be able 

to sustain limit load, which could result 

in the loss of overall structural integrity 

of the horizontal stabilizer. 

DATES: We must receive comments on 

this proposed AD by May 7, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood 

Boulevard, MC D800–0019, Long Beach, 

California 90846–0001; telephone 206– 

544–5000, extension 2; fax 206–766– 

5683; e-mail dse.boecom@boeing.com; 

Internet https:// 

www.myboeingfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221 

or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 

627–5233; fax (562) 627–5210. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0160; Directorate Identifier 

2008–NM–176–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because 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 we receive 

about this proposed AD. 

Discussion 

We have received a report that one 

operator found two instances of a crack 

in the aft skin panel on the upper right 

side of the horizontal stabilizer at the aft 

inboard corner. The airplanes had 

accumulated 16,659 total flight cycles/ 

31,403 total flight hours and 18,128 total 

flight cycles/33,959 total flight hours. 

The cause of the cracking on the aft skin 

panel on the upper right side of the 

horizontal stabilizer is suspected to be 

fatigue. This condition, if not detected 

and corrected, could result in cracks in 

the fail-safe structure that may not be 

able to sustain limit load, which could 

result in the loss of overall structural 

integrity of the horizontal stabilizer. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin MD90–55A012, dated 

September 23, 2008. The service 

bulletin describes procedures for 

repetitive eddy current inspections to 

detect cracks on the upper aft skin 

panels on the left and right sides of the 

horizontal stabilizer, and related 

investigative and corrective actions. The 

initial compliance time is 13,500 total 

flight cycles or 24 months after the 

effective date of this AD, whichever 

occurs later. The related investigative 

actions include repetitive eddy current 

inspections for cracks of the rear spar 

upper caps of the left and right sides of 

the horizontal stabilizer. The repetitive 

interval for the inspection is within 

1,600 or 2,100 flight cycles, depending 

on the previous inspection method 

used. 

Corrective actions include, depending 

on crack findings and crack location, 

installing the upper aft skin panel splice 

of the horizontal stabilizer, and 

replacing the upper aft skin panel of the 

horizontal stabilizer. The service 

bulletin describes three options, 

depending on crack findings and crack 

location: 

• (Option 1) The service bulletin 

describes procedures for a high 

frequency eddy current inspection of 

the rear spar cap of the horizontal 

stabilizer and installation of the upper 

aft skin panel splice of the horizontal 

stabilizer before further flight, and an 

eddy current inspection on the upper aft 

skin panel of the horizontal stabilizer 

within 13,500 flight cycles after the 

installation. If the crack is on the rear 

spar cap of the horizontal stabilizer, the 

service bulletin specifies to contact 


dwashington3 on PROD1PC60 with PROPOSALS