[Federal Register: June 28, 2002 (Volume 67, Number 125)]
[Proposed Rules]               
[Page 43572-43574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn02-23]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-28-AD]
RIN 2120-AA64

 
Airworthiness Directives; Bell Helicopter Textron, Inc. Model 212 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes superseding an existing airworthiness 
directive (AD) for Bell Helicopter Textron, Inc. (BHTI) Model 212 
helicopters. That AD currently requires, at specified intervals, 
inspecting for a cracked tail boom and replacing any cracked tail boom. 
That AD also requires modifying the tail fin and tail boom within 100 
hours time-in-service (TIS). This action would require modifying and 
visually inspecting certain vertical fin left-hand spar caps for 
cracking, loose fasteners, corrosion, or disbonding. If corrosion or 
loose

[[Page 43573]]

fasteners are found, this AD would require repairing the vertical fin 
left-hand spar cap (spar cap) and if a crack or disbonding is found, 
replacing any cracked or disbonded part with an airworthy part. This 
proposed AD would also require replacing certain spar caps within 24 
months. This proposal is prompted by an accident and four failures of 
the spar cap involving helicopters of similar type design. The actions 
specified by the proposed AD are intended to prevent failure of a 
vertical fin spar, loss of a tail rotor, and subsequent loss of control 
of the helicopter.

DATES: Comments must be received on or before August 27, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2002-SW-28-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: 9-asw-adcomments@faa.gov. 
Comments may be inspected at the Office of the Regional Counsel between 
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Charles Harrison, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5128, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:   

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments will 
be considered before taking action on the proposed rule. The proposals 
contained in this document may be changed in light of the comments 
received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available in the Rules Docket for 
examination by interested persons. A report summarizing each FAA-public 
contact concerned with the substance of this proposal will be filed in 
the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their mailed 
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2002-SW-28-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    The FAA issued AD 74-08-03, Amendment 39-1806, on March 25, 1974 
(39 FR 12245, April 4, 1974), to require, at specified intervals, 
modifying and inspecting the rivet hole and clear area of the spar for 
a crack using a three-power or higher magnifying glass or a dye-
penetrant or equivalent inspection and replacing any cracked tail boom 
with an airworthy tail boom. That AD also requires modifying the tail 
fin and tail boom within 100 hours TIS. That action was prompted by 
spar failures. The requirements of that AD are intended to detect and 
prevent possible cracks in the tail fin forward spar cap angle and in 
the tail boom skin adjacent to the fin.
    Since the issuance of that AD, the FAA has received reports of an 
accident and four failures of spar caps of similar type design. The FAA 
has reviewed the BHTI Alert Service Bulletin (ASB) No. 212-00-110, 
Revision A, dated February 15, 2001, which specifies modifying and 
inspecting each fin spar, P/N 212-030-125-001, with retrofit kit, P/N 
212-704-087, or P/Ns 212-030-447-001 or -101. BHTI also issued a 
Technical Bulletin (TB) No. 212-00-184, Revision A, dated April 23, 
2001, which describes procedures for replacing all the earlier-
generation spar caps with a cold expansion spar cap, part number (P/N) 
212-030-447-117S.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type design. Therefore, the proposed AD would 
supersede AD 74-08-03 to require the following:
     At specified intervals, modify and visually inspect 
certain spar caps. Before further flight, repair any loose fastener or 
corrosion. Before further flight, replace any cracked or disbonded spar 
cap with an airworthy part.
     At specified intervals, modify and inspect using a tap 
hammer and by dye-penetrant, respectively, each affected spar cap for a 
crack, loose fastener, corrosion, or disbond. Before further flight, 
repair any loose fastener or corrosion. Before further flight, replace 
any disbonded or cracked part with an airworthy part before further 
flight.
     Within 24 months, replace affected spar caps with the cold 
expansion spar cap. These actions would be required to be accomplished 
in accordance with the service and technical bulletins described 
previously.
    The FAA estimates that 240 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 work 
hours to modify and 180 work hours to inspect each spar cap and that 
the average labor rate is $60 per work hour. Required parts would cost 
approximately $1369. Based on these figures, the total cost impact of 
the proposed AD on U.S. operators is estimated to be $2,978,160.
    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); 
and (3) if promulgated, 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 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.

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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing Amendment 39-1806 (39 FR 
12245, April 4, 1974), and by adding a new airworthiness directive 
(AD), to read as follows:

Bell Helicopter Textron, Inc: Docket No. 2002-SW-28-AD. Supersedes 
AD 74-

[[Page 43574]]

08-03, Amendment 39-1806, Docket No. 73-SW-80.

    Applicability: Model 212 helicopters, with a vertical fin spar 
cap, part number (P/N) 212-030-125-001, with retrofit kit, P/N 212-
704-087, installed; vertical fin left-hand spar cap (spar cap), P/N 
212-030-125-001, without the retrofit kit installed; or spar cap, P/
N 212-030-447-001 or P/N 212-030-447-101, installed, certificated in 
any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated.
    To prevent failure of a vertical fin spar, loss of a tail rotor, 
and subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Within 25 hours time-in-service (TIS), unless accomplished 
previously, modify and visually inspect each spar cap, P/N 212-030-
125-001, not modified by retrofit kit, P/N 212-704-087 or spar cap, 
P/N 212-030-447-001, for a crack, loose fasteners, or corrosion in 
accordance with Part I (A1), paragraphs 1., 2., 3., 4., 6., and 7., 
of Bell Helicopter Textron Alert Service Bulletin No. 212-00-110, 
Revision A, dated February 15, 2001 (ASB). Thereafter, at intervals 
not to exceed 8 hours TIS, visually inspect each affected spar cap 
in accordance with Part I (A2), paragraphs 1., 2., 3., 5., and 6., 
of the ASB.
    (1) Before further flight, repair any loose fastener or 
corrosion.
    (2) Before further flight, replace any cracked or disbonded spar 
cap with an airworthy spar cap.
    (b) For each spar cap, P/N 212-030-125-001, modified by retrofit 
kit, P/N 212-704-087, or spar cap, P/N 212-030-447-101:
    (1) Within 25 hours TIS, unless accomplished previously, modify 
and inspect each spar cap for a crack, loose fastener, corrosion, or 
disbonding in accordance with Part II (A1), paragraphs 1., 2., 3., 
4., 5., 7., 8., 9., and 10., of the ASB, except you are not required 
to contact BHTI. Thereafter, at intervals not to exceed 8 hours TIS, 
visually inspect each affected spar cap in accordance with Part II 
(A2), paragraphs 1., 2., 3., 5., and 6., of the ASB.
    (2) Within 50 hours TIS, unless accomplished previously, and 
thereafter at intervals not to exceed 300 hours TIS, inspect each 
spar cap for disbonding using a hammer in accordance with Part II 
(B), paragraphs 1. through 13., of the ASB.
    (3) Within 50 hours TIS, unless accomplished previously, modify 
the vertical fin, and dye-penetrant inspect each spar cap in 
accordance with Part II (C1), paragraphs 1. through 8. and 10. 
through 12., of the ASB. Thereafter, at intervals not to exceed 300 
hours TIS, dye-penetrant inspect each spar cap in accordance with 
Part II (C2), paragraphs 1. through 9. and 11. through 14., of the 
ASB.

    Note 2: The dye-penetrant inspection is addressed in paragraph 
6-2 of the Standard Practices Manual, BHT-ALL-SPM, dated October 11, 
1996.

    (4) Before further flight, repair any loose fasteners or 
corrosion.
    (5) Before further flight, replace any cracked or disbonded spar 
cap with an airworthy spar cap.
    (c) Within 24 months, replace each affected spar cap with a cold 
expansion spar cap, P/N 212-030-447-117S, in accordance with the 
Accomplishment Instructions, paragraphs 1. through 35. and 37., and 
Attachments A, B, and C of Bell Helicopter Textron Technical 
Bulletin No. 212-00-184, Revision A, dated April 23, 2001.

    Note 3: This AD does not apply to tailbooms with spar cap, P/N 
212-030-447-117 or -117S, already installed, that used the cold-
expanded fastener installation process.

    (d) Replacing each spar cap in accordance with the requirements 
of this AD is terminating action for the requirements of this AD.
    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Regulations Group, Rotorcraft 
Directorate, FAA. Operators shall submit their requests through an 
FAA Principal Maintenance Inspector, who may concur or comment and 
then send it to the Manager, Regulations Group.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (f) Special flight permits may be issued in accordance 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
requirements of this AD can be accomplished.


    Issued in Fort Worth, Texas, on June 20, 2002.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-16311 Filed 6-27-02; 8:45 am]
BILLING CODE 4910-13-P