[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Proposed Rules]
[Pages 12098-12100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6225]


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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).

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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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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

[[Page 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:
    <bullet> We do not require compliance ``no later than November 27, 
2007'', because that date has passed.
    <bullet> 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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-in-service, 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.

[[Page 12100]]

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