[Federal Register Volume 66, Number 119 (Wednesday, June 20, 2001)]
[Rules and Regulations]
[Pages 33019-33020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15445]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-02-AD; Amendment 39-12272; AD 2001-01-52 R1]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Model 
407 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; rescission.

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SUMMARY: This amendment rescinds an existing airworthiness directive 
(AD) that applies to Bell Helicopter Textron Canada (BHTC) Model 407 
helicopters and currently requires, before further flight, imposing 
never exceed velocity (Vne) restrictions on the helicopter. The 
requirements of that AD were intended to prevent tail rotor blades from 
striking the tailboom, separation of the aft section of the tailboom 
with the tail rotor gearbox and vertical fin, and subsequent loss of 
control of the helicopter. That AD was prompted by an accident 
suspected of being the result of a tail rotor strike caused by high 
airspeed. Since the issuance of that AD, accident investigation 
findings have not substantiated that a tail rotor strike caused by high 
airspeed was the cause of the accident. This amendment rescinds that 
AD. This amendment is prompted by the FAA's determination that the Vne 
restrictions and accompanying actions imposed by that AD do not correct 
an unsafe condition.

EFFECTIVE DATE: July 25, 2001.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations Group, Fort Worth, 
Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by rescinding AD 2001-01-52, 
Amendment 39-12100 (66 FR 9031, February 6, 2001), which applies to 
BHTC Model 407 helicopters, was published in the Federal Register on 
April 12, 2001 (66 FR 18884). AD 2001-01-52 requires, before further 
flight, reducing the maximum approved Vne to 100 KIAS if an airspeed-
actuated pedal stop is not installed or to 110 KIAS if an airspeed-
actuated pedal stop is installed; inserting a copy of the AD into the 
RFM; installing a temporary placard on the flight instrument panel to 
indicate the reduced Vne limit; and installing a new redline Vne limit 
at either 100 or 110 KIAS, as specified in the AD, on all airspeed 
indicators. That AD was prompted by an accident in which a helicopter 
was destroyed on water impact following an in-flight occurrence at 
approximately 140 KIAS. One of the possible contributing factors was an 
in-flight tail rotor strike to the tailboom. As a precautionary 
measure, pending further investigation into the accident, and after 
reviewing the AD issued by the certifying authority for the helicopter 
(Transport Canada), the FAA issued AD 2001-01-52 to reduce the Vne.
    Further investigations conducted since the issuance of AD 2001-01-
52 did not substantiate that the accident resulted from a tail rotor 
strike caused by high airspeed. Information provided by BHTC and 
reviewed by the FAA supports these findings. Transport Canada has 
issued a superseding AD, CF-2001-01R1, dated April 3, 2001, stating 
that the Vne restriction is no longer necessary. Transport Canada 
advises that no data has emerged from the investigation to confirm that 
the accident was initiated by a tail rotor strike. While the 
possibility of a tail rotor strike has not been completely discounted 
as the cause of the accident, a tail rotor strike occurrence while 
operating within the approved flight envelope has been discounted. The 
ongoing accident investigation is currently considering other factors.
    After reviewing the available data, the FAA has determined that it 
is appropriate to rescind AD 2001-01-52 to prevent operators from 
performing an unnecessary action. The Vne restrictions and accompanying 
actions imposed by that AD do not correct an unsafe condition. The 
ongoing investigation found no information to indicate that the 
accident was caused by a tail rotor strike during flight at high 
airspeed. The cause of the accident precipitating AD 2001-01-52 remains 
under investigation.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposal or the FAA's determination of the cost to the public. The FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed.
    The FAA estimates that 200 helicopters of U.S. registry are 
affected by AD 2001-01-52. The actions that are currently required by 
that AD take approximately 3 work hours per helicopter to manufacture 
and install each airspeed limitation placard. The average labor rate is 
$60 per work hour. Required parts cost approximately $10 per 
helicopter. Based on these figures, the total cost impact of the AD on 
U.S. operators is estimated to be $38,000 to install an airspeed 
limitation placard on all helicopters in the U.S. fleet. However, 
adopting this rescission eliminates those costs.
    The regulations adopted herein 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the FAA, Office of the Regional Counsel, Southwest Region, 2601 
Meacham Blvd., Room 663, Fort Worth, Texas.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    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

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 33020]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing Amendment 39-12100 (66 FR 
9031, February 6, 2001).

AD 2001-01-52 R1  Bell Helicopter Textron Canada: Amendment 39-
12272. Docket No. 2001-SW-02-AD. Rescinds AD 2001-01-52, Amendment 
39-12100.

    Applicability: Model 407 helicopters, certificated in any 
category.

    Issued in Fort Worth, Texas, on June 8, 2001.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 01-15445 Filed 6-19-01; 8:45 am]
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