[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Proposed Rules]
[Pages 52912-52914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21582]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0866; Directorate Identifier 2010-SW-065-AD]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron Canada Limited 
Model 427 Helicopters

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    Tail rotor driveshaft hanger bearing bracket part number (P/N) 
427-044-223-101 has been found cracked due to fatigue. It has been 
determined that the fatigue cracking was initiated by a tooling mark 
left during manufacture.
    The existence of tooling marks on the bracket could lead to 
bracket failure, loss of tail rotor drive and, consequently, loss of 
control of the helicopter.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 14, 
2010.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket 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, Aerospace Engineer, FAA, 
Rotorcraft Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137; 
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-2010-0866; 
Directorate Identifier

[[Page 52913]]

2010-SW-065-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 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 proposed AD.

Discussion

    Transport Canada, which is the aviation authority for Canada, has 
issued AD No. CF-2010-17, dated June 2, 2010 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Tail rotor driveshaft hanger bearing bracket part number (P/N) 
427-044-223-101 has been found cracked due to fatigue. It has been 
determined that the fatigue cracking was initiated by a tooling mark 
left during manufacture.
    The existence of tooling marks on the bracket could lead to 
bracket failure, loss of tail rotor drive and, consequently, loss of 
control of the helicopter.

The MCAI requires you to rework the tail rotor driveshaft hanger 
bearing bracket. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Bell Helicopter has issued Alert Service Bulletin No. 427-09-29, 
REV A, dated November 17, 2009. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 30 products of U.S. 
registry. We also estimate that it would take about 4 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $10,200, or $340 per product.
    In addition, we estimate that any necessary follow-on actions would 
require parts costing $5,034, for a cost of $5,034 per product. We have 
no way of determining the number of products that may need these 
actions.

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 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 a regulatory 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bell Helicopter Textron Canada Limited: Docket No. FAA-2010-0866; 
Directorate Identifier 2010-SW-065-AD.

Comments Due Date

    (a) We must receive comments by October 14, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 427 helicopters, all serial numbers 
(SNs), certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 65: Tail 
Rotor Drive.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Tail rotor driveshaft hanger bearing bracket part number (P/N) 
427-044-223-101 has been found cracked due to fatigue. It has been 
determined that the fatigue cracking was initiated by a tooling mark 
left during manufacture.
    The existence of tooling marks on the bracket could lead to 
bracket failure, loss of tail rotor drive and, consequently, loss of 
control of the helicopter.


[[Page 52914]]


The MCAI requires you to rework the tail rotor driveshaft hanger 
bearing bracket.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Applicable to SNs 56001 through 56073, and 56077: Within 30 
days after the effective date of this AD, inspect both sides of the 
hanger bracket, P/N 427-044-223-101, for cracks following Bell 
Helicopter Alert Service Bulletin No. 427-09-29, REV A, dated 
November 17, 2009.
    (i) If no cracks are found during the inspection required by 
paragraph (f)(1) of this AD, before further flight rework both sides 
of the hanger bracket, P/N 427-044-223-101, following Bell 
Helicopter Alert Service Bulletin No. 427-09-29, REV A, dated 
November 17, 2009.
    (ii) If cracks are found during the inspection required by 
paragraph (f)(1) of this AD, before further flight replace the 
hanger bracket, P/N 427-044-223-101, with a new hanger bracket, P/N 
427-044-223-101, that has been reworked following Bell Helicopter 
Alert Service Bulletin No. 427-09-29, REV A, dated November 17, 
2009.
    (2) Applicable to all SNs: As of the effective date of this AD, 
you may not install replacement tail rotor driveshaft hanger 
bracket, P/N 427-044-223-101, unless the bracket has been inspected 
and found free of cracks and has been reworked following Bell 
Helicopter Alert Service Bulletin No. 427-09-29, REV A, dated 
November 17, 2009.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, 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, Aerospace Engineer, FAA, 
Rotorcraft Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137; 
telephone: (817) 222-5122; fax: (817) 222-5961. Before using any 
approved AMOC on any airplane to which the AMOC applies, notify your 
appropriate principal inspector (PI) in the FAA Flight Standards 
District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Transport Canada AD No. CF-2010-17, dated June 
2, 2010; and Bell Helicopter Alert Service Bulletin No. 427-09-29, 
REV A, dated November 17, 2009, for related information.

    Issued in Fort Worth, Texas, on August 19, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-21582 Filed 8-27-10; 8:45 am]
BILLING CODE 4910-13-P