7308 Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0019; Directorate 

Identifier 2010–SW–051–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada 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 407 helicopters with certain 

tailboom assemblies installed. This 

proposed AD would require, at specified 

intervals, inspecting the tailboom 

assembly for a crack, loose rivet, or 

other damage. This proposed AD is 

prompted by a stress analysis of the 

tailboom skin that revealed high-stressconcentration areas are susceptible to 

skin cracking. This condition, if not 

detected, could result in a crack in the 

tailboom assembly, failure of the 

tailboom, and subsequent loss of control 

of the helicopter. 

DATES: We must receive comments on 

this proposed AD by April 2, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

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

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 service information identified in 

this proposed AD, contact Bell 

Helicopter Textron Canada Limited, 

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/. 

You may review a copy of the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

76137. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Miles, Aerospace Engineer, 

FAA, Regulations and Policy Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; fax 

(817) 222–5961; email 

sharon.y.miles@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

Transport Canada, which is the 

aviation authority for Canada, has 

issued AD CF–2009–07, dated March 6, 

2009 (AD CF–2009–07), to correct an 

unsafe condition for the BHTC Model 

407 helicopters with a tailboom 

assembly, part number (P/N) 407–030– 

801–201, –203, or –205. Transport 

Canada states that a stress analysis of 

the chemically milled tailboom skin 

‘‘revealed a possibility of skin cracking 

due to high stress concentration areas.’’ 

Transport Canada advises that this 

condition, if not detected, could result 

in ‘‘serious damage to the tailboom.’’ 

FAA’s 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, Transport 

Canada, its technical representative, has 

notified us of the unsafe condition 

described in its AD. We are proposing 

this AD because we evaluated all known 

relevant information and determined 

that an unsafe condition exists and is 

likely to exist or develop on other 

products of the same type design. 

Related Service Information 

BHTC has issued Alert Service 

Bulletin No. 407–08–84, dated August 

18, 2008 (ASB), which specifies a new 

inspection schedule for the tailboom 

assemblies. BHTC states it has not 

received any field reports indicating 

cracked skin in service on the tailboom 

assemblies. However, in the interest of 

safety, BHTC states it has elected to 

introduce a new inspection schedule for 

the tailboom assemblies. The ASB 

specifies the new inspection schedule. 

Transport Canada classified this ASB as 

mandatory and issued AD CF–2009–07 

to ensure the continued airworthiness of 

these helicopters. 

Proposed AD Requirements 

Unless accomplished previously, this 

proposed AD would require: 

• Within 100 hours time-in-service 

(TIS) or at the next tailboom inspection, 

whichever comes first, and thereafter at 

intervals not to exceed 300 hours TIS, 

cleaning and inspecting the tailboom 

assembly for a loose rivet, a crack, or 

other damage. If there is a crack in the 

tailboom assembly, this proposed AD 

would require replacing it with an 

airworthy tailboom assembly before 

further flight. 

• For helicopters with a tailboom 

assembly that has 6,900 or more hours 

TIS, this proposed AD would also 

require, within 25 hours TIS or 30 days, 

whichever occurs first, cleaning and 

inspecting the tailboom assembly for a 

crack, either by using a 10X or higher 

power magnifying glass (and thereafter 

repeating the 10X or higher power 

magnifying glass inspection at intervals 

not to exceed 150 hours TIS), or by eddy 

current inspection (and thereafter at 

intervals not to exceed 500 hours TIS). 

• For helicopters with a tailboom 

assembly that has 8,600 or more hours 

TIS, or an unknown number of hours 

TIS, this proposed AD would also 

require either visually checking for a 

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crack before the first flight of each day, 

or cleaning and inspecting around each 

fastener and just above the edge of the 

upper stabilizer support within 25 hours 

TIS, or 30 days, whichever comes first, 

and thereafter at intervals not to exceed 

50 hours TIS. The visual check may be 

performed by the owner/operator (pilot) 

holding at least a private pilot 

certificate, and must be entered into the 

aircraft records showing compliance 

with this AD. This authorization is an 

exception to our standard maintenance 

regulations. 

Differences Between This Proposed AD 

and the Transport Canada AD 

The Transport Canada AD states to 

perform the inspections of the tailboom 

‘‘in accordance with inspection 

procedures as per applicable part’’ of 

the ASB. This proposed AD references 

only specific sections of the ASB for 

accomplishing the requirements. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 551 helicopters of U.S. 

registry, and estimate the cost of 

compliance for the first year as follows: 

• We assume 1 initial 100-hour TIS 

inspection and 2 recurring inspections, 

which would each take about 2.5 hours. 

At an average labor rate of $85 per hour, 

this would result in a cost of about $213 

per inspection per helicopter or a total 

annual inspection cost for 3 recurring 

inspections of about $639 per 

helicopter. 

• We assume 1 initial inspection and 

thereafter 4 recurring inspections per 

year for helicopters with a tailboom 

assembly that has 6,900 or more hours 

TIS, which would each take 3 hours at 

the average labor rate of $85 per hour or 

$255 per helicopter. Multiplying this 

$255 times the 5 recurring inspections, 

the total annual cost would be $1,275 

per helicopter. 

• We assume 1 initial inspection and 

12 recurring inspections per year for 

helicopters with a tailboom assembly 

that has 8,600 or more hours TIS. If each 

inspection takes 3.25 hours, at the 

average labor rate of $85 per hour, each 

inspection would cost about $276. 

Multiply $276 times the 13 recurring 

inspections would result in a total 

annual inspection cost of $3,588 per 

helicopter. We expect the cost of pilot 

checks to be minimal. 

• Replacing the tailboom would take 

10 work hours at an average labor rate 

of $85 per hour for a total labor cost of 

$850 per helicopter. Parts would cost 

$82,850 for a total cost per helicopter of 

$83,700. Assuming that 5 helicopters 

per year would need a replacement 

tailboom, the fleet replacement cost 

would total $418,500. 

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. 

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, 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); 

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; and 

4. 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, Incorporation by reference, 

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 Airworthiness 

Directive (AD): 

Bell Helicopter Textron Canada (BHTC): 

Docket No. FAA–2013–0019; Directorate 

Identifier 2010–SW–051–AD. 

(a) Applicability 

This AD applies to BHTC Model 407 

helicopters, with tailboom assembly part 

number (P/N) 407–030–801–201, 407–030– 

801–203, or 407–030–801–205, certificated in 

any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

high-stress-concentration areas in the 

tailboom skin that are at risk of cracking. 

This condition could result in a crack in the 

tailboom assembly, failure of the tailboom, 

and subsequent loss of helicopter control. 

(c) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(d) Required Actions 

(1) For helicopters with a tailboom 

assembly that has 8,600 or more hours timein-service (TIS): 

(i) Comply with either paragraph 

(d)(1)(i)(A) or (d)(1)(i)(B): 

(A) Before the first flight of each day, 

visually check for a crack in the ‘‘C’’ and ‘‘D’’ 

areas depicted in Figures 1 and 2 to 

Paragraph (d) of this AD. The actions 

required by this paragraph may be performed 

by the owner/operator (pilot) holding at least 

a private pilot certificate, and must be 

entered into the aircraft records showing 

compliance with this AD in accordance with 

14 CFR 43.9 (a)(1)–(4) and 14 CFR 

91.417(a)(2)(v). The record must be 

maintained as required by 14 CFR 91.417, 

121.380, or 135.439; or 

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as 

39.00 

REF 

TAILBOOM IDENTIFICATION PLATE REF"\ 

\ 

B 

Figure 1 to Paragraph (d) 
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules 7311 

(B) Within 25 hours TIS, or 30 days, 

whichever comes first, and thereafter at 

intervals not to exceed 50 hours TIS, clean 

and inspect for a crack around each fastener 

and just above the edge of the upper 

stabilizer support in the ‘‘C’’ and ‘‘D’’ areas 

on the left side of the tailboom assembly, as 

depicted in Figure 2 to Paragraph (d) of this 

AD, using a 10X or higher power magnifying 

glass. 

(ii) Comply with the requirements of 

paragraph (d)(2)(i)(A) or (d)(2)(i)(B), and 

paragraph (d)(3) of this AD. 

(2) For helicopters with a tailboom 

assembly that has 6,900 or more hours TIS: 

(i) Within 25 hours TIS or 30 days, 

whichever occurs first, clean and inspect the 

tailboom assembly for a crack in the ‘‘H’’ and 

‘‘I’’ areas depicted in Figure 2, Sheet 5, of the 

BHTC Alert Service Bulletin No. 407–08–84, 

dated August 18, 2008, (ASB), by using one 

of the two following methods. 

(A) Use a 10X or higher power magnifying 

glass; thereafter, repeat the 10X or higher 

power magnifying glass inspection at 

intervals not to exceed 150 hours TIS; or 

(B) Eddy current inspect for a crack in 

accordance with Appendix A and Table 1, 

and by referencing Figures 3 through 7 of the 

ASB; thereafter, repeat the eddy current 

inspection at intervals not to exceed 500 

hours TIS. Use a person qualified to Level II 

or Level III per the National Aerospace 

Standard (NAS) 410 or equivalent 

requirements to perform the eddy current 

inspection. 

(ii) Comply with the requirements of 

paragraph (d)(3) of this AD. 

(3) Within 100 hours TIS or at the next 

tailboom inspection, whichever comes first, 

and thereafter at intervals not to exceed 300 

hours TIS: 

(i) Clean and inspect the tailboom 

assembly for a loose rivet, a crack, or other 

damage in accordance with Part II, 

paragraphs 2 and 3, of the ASB; and 

(ii) Using a 10X or higher power 

magnifying glass, inspect the tailboom 

assembly for a loose rivet or a crack in 

accordance with Part II, paragraphs 4 through 

6, of the ASB. 

(4) If the total accumulated hours TIS on 

the tailboom assembly is unknown, assume 

the tailboom assembly has 8,600 or more 

hours TIS and clean and inspect in 

accordance with paragraph (d)(1) of this AD. 

(5) If there is a crack in the tailboom 

assembly, before further flight, replace it with 

an airworthy tailboom assembly. 

(e) Special Flight Permit 

Special flight permits may be issued in 

accordance with 14 CFR 21.197 and 21.199 

to operate the helicopter to a location where 

the requirements of this AD can be 

accomplished, provided no passenger is on 

board and any crack or damage is temporarily 

repaired using FAA-approved procedures. 

(f) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Sharon Miles, 

Aerospace Engineer, FAA, Regulations and 

Policy Group, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; telephone (817) 222– 

5110; fax (817) 222–5961; email 

sharon.y.miles@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

The subject of this AD is addressed in 

Transport Canada Civil Aviation (TCCA) AD 

CF–2009–07, dated March 6, 2009. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 5302, rotorcraft tailboom. 

Issued in Fort Worth, Texas, on January 9, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–02253 Filed 1–31–13; 8:45 am] 

BILLING CODE 4910–13–P 


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