[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Rules and Regulations]
[Pages 16112-16114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7783]



[[Page 16112]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0301; Directorate Identifier 2008-SW-69-AD; 
Amendment 39-15876; AD 2009-08-03]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Limited 
Model 206A, 206B, 206L, 206L-1, 206L-3, 206L-4, 222, 222B, 222U, 230, 
407, 427, and 430 Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a superseding airworthiness directive (AD) for 
the specified Bell Helicopter Textron Canada Limited (BHTC) Model 206A, 
206B, 206L, 206L-1, 206L-3, 206L-4, 222, 222B, 222U, 230, 407, 427, and 
430 helicopters. That AD currently requires replacing each affected 
tail rotor blade (blade) with an airworthy blade that has a serial 
number not listed in the Rotor Blades, Inc. (RBI) document that is 
attached to each of the Bell Helicopter Textron Alert Service Bulletins 
(ASBs) listed in the applicability section of the AD. That AD results 
from mandatory continuing airworthiness information (MCAI) issued by 
the aviation authority of Canada. The MCAI states that there have been 
three reports of blade tip weights departing from the blade during 
flight. Since issuing that AD, BHTC has issued revised service 
information to correct part numbers and serial numbers listed in the 
RBI document that is attached to each BHTC ASB and to add additional 
part-numbered and serial-numbered blades to the list. The actions of 
this AD are intended to prevent loss of a blade tip weight, loss of a 
blade, and subsequent loss of control of the helicopter.

DATES: This AD becomes effective on April 24, 2009.
    The incorporation by reference of certain publications is approved 
by the Director of the Federal Register as of April 24, 2009.
    We must receive comments on this AD by June 8, 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 your 
comments electronically.
    <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 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 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 AD, any comments received, and 
other information. The street address for the Docket Operations office 
(telephone (800) 647-5527) is stated in the ADDRESSES section of this 
AD. 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 Policy Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION: 

Discussion

    On October 31, 2007, the FAA issued AD 2007-19-52, Amendment 39-
15264 (72 FR 65221, November 20, 2007), to publish Emergency AD 2007-
19-52, which made the AD effective to all persons except those to whom 
it was made immediately effective on September 14, 2007. That AD 
requires, before further flight, removing and replacing each affected 
blade with an airworthy blade. That action was prompted by three 
reports of blade tip weights being slung from the blades during 
flights, causing significant vibration.
    Since issuing that AD, BHTC has revised the ASBs based on revisions 
to the RBI documents that are attached to the ASBs to add blade serial 
numbers to the applicability. Also, the ASBs have been revised to add 
clarification to the applicability by adding specific part number dash 
numbers.
    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD No. CF-2007-21, dated September 13, 2007, to 
correct an unsafe condition for the BHTC Model 206A, 206B, 206L, 206L-
1, 206L-3, 206L-4, 222, 222B, 222U, 230, 407, 427, and 430 helicopters. 
The MCAI states that there have been three reports of blade tip weights 
departing from the blade during flight. The actions are intended to 
prevent loss of a blade tip weight, loss of a blade, and subsequent 
loss of control of the helicopter. Although the BHTC ASBs have been 
revised since they were referenced in our AD 2007-19-52, the Transport 
Canada AD has not been revised.
    You may obtain further information by examining the MCAI and any 
related service information in the AD docket.

Related Service Information

    BHTC has issued the following:
    <bullet> ASB No. 206-07-116, Revision A, dated September 19, 2007, 
for BHTC Model 206 A/B series helicopters;
    <bullet> ASB No. 206L-07-148, Revision A, dated September 19, 2007, 
for BHTC Model 206L series helicopters;
    <bullet> ASB No. 222-07-106, Revision C, dated September 20, 2007, 
for BHTC Model 222 and 222B helicopters;
    <bullet> ASB No. 222U-07-77, Revision C, dated September 20, 2007, 
for BHTC Model 222U helicopters;
    <bullet> ASB No. 230-07-38, Revision C, dated September 20, 2007, 
for BHTC Model 230 helicopters;
    <bullet> ASB No. 407-07-81, Revision A, dated September 19, 2007, 
for BHTC Model 407 helicopters;
    <bullet> ASB No. 427-07-18, Revision A, dated September 19, 2007, 
for BHTC Model 427 helicopters; and
    <bullet> ASB No. 430-07-41, Revision C, dated September 20, 2007, 
for BHTC Model 430 helicopters.
    All of the ASBs contain a letter from RBI indicating that certain 
blades processed by RBI may be missing the adhesive applied to the tip 
weight screw during the weight and balance process. Since the issuance 
of AD 2007-19-52, some ASBs have been revised to include additional 
blade part numbers and serial numbers that require inspection, as well 
as to clarify the part number applicability by adding specific part 
number ``dash numbers.'' Additionally, the ASBs' revisions specify 
marking the blade with an ``L'' once inspection determines that the 
blade is airworthy. The actions described in the MCAI are intended to 
correct the same unsafe condition as that identified in the service 
information.

[[Page 16113]]

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of 
Canada and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Canada, they have notified us of the 
unsafe condition described in the MCAI. We are issuing this AD because 
we evaluated all information provided by Transport Canada and 
determined the unsafe condition exists and is likely to exist or 
develop on other helicopters of these same type designs.

Differences Between This AD and the MCAI

    The actions required by this AD only apply to those blades listed 
in the RBI document that is attached to the ASBs listed in paragraph 
(c). The MCAI allows use of those ASBs, or ``later revisions approved 
by Chief, Continuing Airworthiness, Transport Canada.''

Costs of Compliance

    We estimate that this AD will affect about 3,741 helicopters of 
U.S. registry. We also estimate that it will take about 2 work-hours 
per helicopter to determine if an affected blade is installed. The 
average labor rate is $80 per work-hour. The ASB contains a warranty 
statement that owners or operators of BHTC helicopters who comply with 
the instructions in the ASB will be eligible to return defective blades 
identified by serial number in the compliance section to their nearest 
RBI facility for inspection and repair at no cost. Based on these 
figures, we estimate the total cost impact of the AD on U.S. operators 
to be $598,560, assuming all shipping, inspection, and repair costs are 
paid by RBI or BHTC.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. We find that the risk to the flying public justifies waiving 
notice and comment prior to adoption of this rule because loss of a 
blade tip weight during flight can adversely affect the controllability 
and structural integrity of the helicopter. Also, determining if an 
affected blade is installed and replacing any affected blade before 
further flight is required. Therefore, we have determined that notice 
and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. However, we invite you to send us any written data, views, or 
arguments concerning this AD. Send your comments to an address listed 
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2009-
0301; Directorate Identifier 2008-SW-69-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
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 AD.

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 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.
    Therefore, I certify this AD:
    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 and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by removing Amendment 39-15264 (72 FR 
65221, November 20, 2007), and adding the following new AD:

2009-08-03 Bell Helicopter Textron Canada Limited: Amendment 39-
15876. Docket No. FAA-2009-0301; Directorate Identifier 2008-SW-69-
AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on April 
24, 2009.

Other Affected ADs

    (b) Supersedes AD 2007-19-52, Amendment 39-15264, Docket No. 
FAA-2007-0179, Directorate Identifier 2007-SW-36-AD (72 FR 65221, 
November 20, 2007).

Applicability

    (c) This AD applies to Model 206A, 206B, 206L, 206L-1, 206L-3, 
206L-4, 222, 222B, 222U, 230, 407, 427, and 430 helicopters, with a 
tail rotor blade (blade) installed that has a part number and serial 
number which is listed in the Rotor Blades, Inc. (RBI) document 
attached to the following Bell Helicopter Textron Alert Service 
Bulletins (ASBs), certificated in any category:

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            ASB No.                Revision              Date                       Helicopter model
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206-07-116....................  A.............  September 19, 2007...  206A and 206B.
206L-07-148...................  A.............  September 19, 2007...  206L, L-1, L-3, and L-4.

[[Page 16114]]

 
222-07-106....................  C.............  September 20, 2007...  222 and 222B.
222U-07-77....................  C.............  September 20, 2007...  222U.
230-07-38.....................  C.............  September 20, 2007...  230.
407-07-81.....................  A.............  September 19, 2007...  407.
427-07-18.....................  A.............  September 19, 2007...  427.
430-07-41.....................  C.............  September 20, 2007...  430.
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Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that there have been three reports of blade tip weights 
departing from the blade during flight. This AD corrects part 
numbers and serial numbers of blades, and adds additional blades to 
the previous AD listing, based on revised ASBs issued by Bell 
Helicopter Textron Canada Limited. The actions required by this AD 
are intended to prevent loss of a blade tip weight, loss of a blade, 
and subsequent loss of control of the helicopter.

Actions and Compliance

    (e) Before further flight, unless already accomplished, replace 
any affected blade with an airworthy blade. An airworthy blade is 
one that has a part number and a serial number that is not listed in 
the RBI document that is attached to each ASB listed in the 
Applicability section of this AD.

Differences Between This AD and the MCAI AD

    (f) The actions required by this AD only apply to those blades 
listed in the RBI document that is attached to the ASBs listed in 
paragraph (c). The MCAI allows use of those ASBs, or ``later 
revisions approved by Chief, Continuing Airworthiness, Transport 
Canada.''

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, ATTN: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, 
2601 Meacham Blvd., Fort Worth, Texas 76193-0111, telephone (817) 
222-5122, fax (817) 222-5961, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.

Air Transport Association of America (ATA) Tracking Code

    (h) ATA Code 6410: Tail Rotor Blades.

Material Incorporated by Reference

    (i) You must use the following Bell Helicopter Textron Alert 
Service Bulletin for your model helicopter to determine which blades 
are subject to these AD actions:

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            ASB No.                Revision              Date                       Helicopter model
----------------------------------------------------------------------------------------------------------------
206-07-116....................  A.............  September 19, 2007...  206A and 206B.
206L-07-148...................  A.............  September 19, 2007...  206L, L-1, L-3, and L-4.
222-07-106....................  C.............  September 20, 2007...  222 and 222B.
222U-07-77....................  C.............  September 20, 2007...  222U.
230-07-38.....................  C.............  September 20, 2007...  230.
407-07-81.....................  A.............  September 19, 2007...  407.
427-07-18.....................  A.............  September 19, 2007...  427.
430-07-41.....................  C.............  September 20, 2007...  430.
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    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 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/.
    (3) You may review copies at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., 76193-0111, or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or e-mail to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas on March 26, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-7783 Filed 4-8-09; 8:45 am]
BILLING CODE 4910-13-P