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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2005-22696; Directorate Identifier 2005-SW-22-AD]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration, DOT.
 ACTION: Notice of proposed rulemaking (NPRM).
 SUMMARY: This document proposes superseding an existing airworthiness directive (AD) for the specified Bell Helicopter Textron Canada (BHTC) model helicopters. That AD currently requires an initial inspection and at specified intervals checks and inspections of the tail rotor blade (blade) for a deformation, a crack, and a bent or deformed tail rotor weight (weight). Also, that AD requires, before further flight, replacing each blade with an airworthy blade if a deformation, a crack, or a bent or deformed weight is found. This action would contain the same actions as the existing AD and would also propose adding certain serial-numbered blades to the applicability that were inadvertently omitted from the current AD and would require replacing each affected blade, which would be terminating action. This proposal is prompted by three reports of skin cracks originating near the blade trailing edge balance weight. The actions specified by the proposed AD are intended to prevent blade failure and subsequent loss of control of the helicopter.
 DATES: Comments must be received on or before December 16, 2005.
 ADDRESSES: Use one of the following addresses to submit comments on this proposed AD: DOT Docket Web Site: Go to*http://dms.dot.gov*
                         and follow the instructions for sending your comments electronically;
                    Government-Wide Rulemaking Web Site: Go to*http://www.regulations.gov*
                         and follow the instructions for sending your comments electronically;
                    Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590;
                    Fax: 202-493-2251; or
                    Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, 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
                    You may examine the comments to this proposed AD in the AD docket on the Internet at*http://dms.dot.gov*.
 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 submit any written data, views, or arguments regarding this proposed AD. Send your comments to the address listed under the caption 
                    **ADDRESSES**
                    . Include the docket number “FAA-2005-22696, Directorate Identifier 2005-SW-22-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to 
                    *http://dms.dot.gov*, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed rulemaking. Using the search function of our docket web site, you can find and read the comments to any of our dockets, including the name of the individual who sent or signed the comment. You may review the DOT's complete Privacy Act Statement in the 
                    **Federal Register**
                     published on April 11, 2000 (65 FR 19477-78), or you may visit 
                    *http://dms.dot.gov*. The postcard will be date stamped and returned to the commenter. Examining the Docket You may examine the docket that contains the proposed AD, any comments, and other information in person at the Docket Management System (DMS) Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5227) is located at the plaza level of the Department of Transportation NASSIF Building in Room PL-401 at 400 
                    ( print page 60247)
                    Seventh Street, SW., Washington, DC. Comments will be available in the AD docket shortly after the DMS receives them. Discussion On November 22, 2004, the FAA issued AD 2004-24-08, Docket No. 2004-SW-12-AD, Amendment 39-13884 (69 FR 69810, December 1, 2004). That AD requires an initial inspection and at intervals not to exceed 12 hours time-in-service (TIS), a 10X inspection or at intervals not to exceed 24 hours TIS a 10X inspection and a 3-hour TIS check between each 24 hour TIS inspection of the blade for a deformation, a crack, and a bent or deformed weight. Also, that AD requires, before further flight, replacing each blade with an airworthy blade if a deformation, a crack, or a bent or deformed weight is found. That action was prompted by three reports of skin cracks originating near the blade trailing edge balance weight. The requirements of that AD are intended to prevent blade failure and subsequent loss of control of the helicopter. Since issuing AD 2004-24-08, BHTC has issued Alert Service Bulletin 206-04-100 for Bell Model 206A and B helicopters, and 206L-04-127 for Bell Model 206L series helicopters, both Revision C, both dated March 5, 2005 (ASB). These ASBs add two warnings in the compliance section specifying returning the blade for balancing to Rotor Blades, Inc., and introduce new skin damage limits that supersede the previous damage limits. The ASB also gives a new address for Rotor Blades Inc. When we issued AD 2004-24-08, we intentionally did not include the long-term requirement (no later than April 27, 2007) for removing and sending the affected blades to Rotor Blades, Inc. as specified by the manufacturer. We are including in this proposal a long-term requirement that the affected blades be replaced on or before April 27, 2007, as terminating action. This will allow public comments before any adoption of the long-term proposal. Additionally, in AD 2004-24-08, we inadvertently omitted blade serial numbers 10102 through 10114 from the applicability. We propose to correct that oversight with this action. Transport Canada, the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on these helicopter models. Transport Canada advises of three reports of skin cracks originating near the blade trailing edge balance weight. Two of the occurrences caused a loss of the weight and a strip of material along the trailing edge leading to an imbalance, which caused the fracture of three of the four tail rotor gearbox attachments. One of these occurrences resulted in the gearbox shifting that caused failure of the drive shaft and resulting loss of yaw control. Transport Canada issued AD No. CF-2004-05R1, dated June 28, 2004, to ensure the continued airworthiness of these helicopters in Canada. These helicopter models are manufactured in Canada and are type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, Transport Canada has kept the FAA informed of the situation described above. The FAA has examined the findings of Transport Canada, reviewed all available information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. Interested persons were afforded an opportunity to participate in the making of AD 2004-24-08, Amendment 39-13884, Docket No. 2004-SW-12-AD, which we are proposing to supersede. Due consideration has been given to the one comment received. The commenter expresses concern about the 12-hour blade inspection by a mechanic and states the inspection will make this helicopter unsuitable for its intended use. The commenter states the alternate pilot check and mechanic inspection would require them to shut down 4-5 times each day increasing engine cycles. The commenter further states that since the only difference between the pilot check and the mechanic inspection is the 10X magnifier, pilots need to be certified to perform the 12-hour inspection. While the FAA agrees the checks and inspections could increase engine cycles, the primary purpose of issuing an AD is to correct an unsafe condition. However, the terminating action proposed in this AD would eliminate the current mandated inspections. We do not agree that pilots need to be certified to perform inspections. Current FAA policy allows pilots holding at least a private pilot certificate to perform checks that do not require the use of tools, precision measuring equipment, training, pilot logbook endorsements, or reference to technical data not contained in the body of the AD. Pilots may only perform simple maintenance tasks that do not require special maintenance training. The inspection in the AD requires the use of a 10X or higher magnifying glass, which is not considered a simple visual check. In the interest of safety, the inspection must occur at the specified intervals and be performed by a qualified mechanic until the terminating action is accomplished. The previously described unsafe condition is likely to exist or develop on other helicopters of these same type designs. Therefore, the proposed AD would supersede AD 2004-24-08 to require: Before further flight, unless accomplished previously, and before installing any blade with an affected part number and serial number (S/N), cleaning the blade. Then, using a 10X or higher magnifying glass, inspecting both sides of each blade for a deformation, a crack, and a bent or deformed weight.
                Thereafter, cleaning both sides of each blade and using a 10X or higher magnifying glass, inspecting for a deformation, a crack, and a bent or deformed weight as follows:
                At intervals not to exceed 12 hours TIS, or
                At intervals not to exceed 24 hours TIS and checking both sides of each blade for a deformation, a crack, and a bent or deformed weight at intervals not to exceed 3 hours TIS between inspections. An owner/operator (pilot) holding at least a private pilot certificate may perform the 3-hour TIS check for deformed or cracked blades and for bent or deformed weights. Pilots may perform these checks because they require no tools, can be done by observation, and can be done equally well by a pilot or a mechanic. However, the pilot must enter compliance with these requirements into the helicopter maintenance records by following14 CFR 43.11 and 91.417(a)(2)(v).
                Before further flight, replacing each blade with an airworthy blade if you find a deformation, a crack, or a bent or deformed weight.
                On or before April 27, 2007, replacing each affected blade with an airworthy blade that is identified by a “V” at the end of the blade S/N or an airworthy blade with a S/N other than one listed in the applicability section of this AD. Replacing each blade with an airworthy blade that is identified by a “V” at the end of the blade S/N or an airworthy blade with a S/N other than one listed in the applicability section of this AD constitutes terminating action for the requirements of this AD. The FAA estimates that this proposed AD would: Affect 2194 helicopters of U.S. registry,
                Take about1/4
                     work hour for a blade check or inspection, and 
                    ( print page 60248)
                Take 3 work hours to replace a blade at an average labor rate of $65 per work hour. Required parts would cost about $5848 per helicopter. (In its ASB, the manufacturer states it will give warranty credit based on hour usage on the blade with remaining life hours and other restrictions.) Based on these figures, we estimate the total cost impact of the proposed AD on U.S. operators to be $19,989,973. Costs assume—200 pilot checks, 26 mechanic inspections, and one blade replacement for 90 percent of the fleet with a nonconforming blade. Regulatory Findings The regulations proposed herein 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. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that 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); on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption 
                    **ADDRESSES**
                    . 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. List of Subjects in 14 CFR Part 39 Air transportation
Aircraft
Aviation safety
Safety
 The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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. § 39.13
  2. Section 39.13 is amended by removing Amendment 39-13884 (69 FR 69810, December 1, 2004), and by adding a new airworthiness directive (AD), to read as follows: **Bell Helicopter Textron Canada:**
                                 Docket No. FAA-2005, Directorate Identifier 2005-SW-22-AD. Supersedes AD 2004-24-08, Amendment 39-13884, Docket No. 2004-SW-12-AD. *Applicability:*
                                 Model 206A, B, L, L-1, L-3, and L-4 helicopters, with a tail rotor blade (blade) with the following part number (P/N) and serial number (S/N) installed, certificated in any category. Model 206A & B; Blade, P/N 206-016-201-133, S/N with prefix “CS” and no “V” suffix
Model 206A, B, L, L-1, L-3, & L-4; Blade, P/N P/N 206-016-201-131, S/N with prefix “CS” and no “V” suffix1381 through 1442
7000 through 7018
10174 through 102181492 through 1517
7020 through 7043
102201520 through 1542
7045 through 7050
102321550
7052 through 7132
102351556
7134 through 7246
10237 through 102411560
7248 through 7270
102441562
7272 through 7277
102451564 through 1567
7279 through 7339
102481569 through 1606
7342 through 7368
10250 through 102641609
7784
10266 through 102681611
7786
10270 through 102741612
7788
10276 through 102781614 through 1631
7790 through 7796
10280 through 102821633 through 1675
7798 through 7819
10284 through 102921677
7821 through 7833
102961678
7835 through 7839
10300 through 103301680 through 1682
7841 through 8001
103321684 through 1787
8003 through 8026
103331789 through 1803
8029 through 8061
10335 through 103471810 through 1812
8064 through 8117
103491814
8119
10351 through 103591816
8121 through 8139
10363 through 103651820
8142 through 8176
103671823 through 1831
8178 through 8262
103731834 through 1836
8264 through 8294
103741838
8298 through 8368
10377 through 103851840 through 1844
8370 through 8375
10387 through 104081846
8378 through 8416
104101848 through 1882
8419
10414 through 104171884 through 1887
8421
10419 through 104271889 through 1893
8425 through 8428
104301896 through 1898
8430 through 8438
104321900
8440
104371904
8441
10438( print page 60249)Model 206A & B; Blade, P/N 206-016-201-133, S/N with prefix “CS” and no “V” suffix
Model 206A, B, L, L-1, L-3, & L-4; Blade, P/N P/N 206-016-201-131, S/N with prefix “CS” and no “V” suffix1909 through 1912
8443
10442 through 104451915
8445 through 8447
10458 through 104661916
8449 through 8606
104691919 through 1921
8608 through 8622
104701924
8624 through 8626
104741928 through 1931
8628 through 8632
10476 through 104781933
8635 through 8653
10480 through 104871934 through 1939
8655 through 8686
10489 through 104911943
8690
10493 through 104951945
8692 through 8700
10497 through 105031947
8703 through 8715
10505 through 105881948
8717 through 8722
10591 through 106061952 through 1957
8724 through 8742
10608 through 106101960
8745 through 8828
10612 through 106201962 through 1965
8830 through 8835
106238838 through 8840
106248842 through 8881
10631 through 106558883 through 9032
10657 through 106699034 through 9139
106729141 through 9198
106739200
10676 through 106789202 through 9302
10680 through 106839304 through 9339
106859341 through 9371
106879373 through 9411
10689 through 107029413
107079415 through 9417
107129419 through 9496
107159498 through 9585
107309587 through 9594
10732 through 107349596 through 9618
107369621 through 9629
107389632 through 9642
107399645 through 9651
107469653 through 9673
107509675 through 9707
107569709 through 9724
107609727 through 9731
107619733 through 9735
107659737 through 9739
107709741 through 9748
10774 through 107769751 through 9785
107789787
107819788
10783 through 107859790 through 9792
107929795 through 9847
107949849 through 9928
107989930 through 9937
107999940 through 9942
10806 through 108089944 through 9952
108119955 through 9972
10814 through 108229974 through 9989
108249991 through 9995
108259997 through 10004
1082910006 through 10009
1083110011
1091710013 through 10018
1092310021 through 10030
1093110034
1093610036 through 10057
1093710061 through 10082
1094010090 through 10092
1094310094 through 10100
1094510102 through 10114
1094710116
1094810119
1096410121
1096510123 through 10134
1097310136 through 10140
1098210142 through 10144
1098510146 through 10172
10986
 
 
 *Compliance:*
                                 Required as indicated. To prevent blade failure and subsequent loss of control of the helicopter, do the following: (a) Before further flight, unless accomplished previously, and before installing any blade with a P/N and S/N listed in the applicability section of this AD, clean the blade. Using a 10X or higher magnifying glass, inspect both sides of each blade for a deformation, a crack, and a bent or deformed weight in the area shown in Figure 1 of this AD. Note 1: Paint irregularities on the blade may indicate a crack.  (b) After doing paragraph (a) of this AD, at the following intervals, clean both sides of each blade and do either paragraph (1) or (2) as follows: (1) At intervals not to exceed 12 hours time-in-service (TIS), using a 10X or higher magnifying glass, inspect both sides of each blade for a deformation, a crack, and a bent or deformed weight in the area shown in Figure 1 of this AD, or (2) Inspect and check both sides of each blade for a deformation, a crack, and a bent or deformed weight in the area shown in Figure 1 of this AD as follows: (i) Using a 10X or higher magnifying glass, inspect at intervals not to exceed 24 hours TIS, and (ii) Check at intervals not to exceed 3 hours TIS between the inspections required by paragraph (b)(2)(i) of this AD. An owner/operator (pilot), holding at least a private pilot certificate, may perform this visual check and must enter compliance with this paragraph into the helicopter maintenance records by following 14 CFR sections 43.11 and 91.417(a)(2)(v). (c) Before further flight, replace any blade that has a deformation, a crack, or a bent or deformed weight with an airworthy blade. Note 2: Bell Helicopter Textron Alert Service Bulletin No. 206-04-100 for Model 206A and B and No. 206L-04-127 for Model 206L series, both Revision C, both dated March 5, 2005, pertain to the subject of this AD. (d) On or before April 27, 2007, for any affected part-numbered blade with a S/N listed in the applicability section of this AD: (1) Replace the blade with a blade that has a S/N other than one listed in the applicability section of this AD, or (2) Replace the blade with a blade that has a S/N listed in the applicability section of this AD and also has a “V” suffix. (e) Replacing each blade with an airworthy blade as required by paragraph (d) of this AD constitutes terminating action for the requirements of this AD. (f) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Safety Management Group, Rotorcraft Directorate, FAA, for information about previously approved alternative methods of compliance. Note 3: The subject of this AD is addressed in Transport Canada (Canada) AD No. CF-2004-05R1, dated June 28, 2004.
 Issued in Fort Worth, Texas, on October 7, 2005. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service.


[FR Doc. 05-20681 Filed 10-14-05; 8:45 am] BILLING CODE 4910-13-P