Airworthiness Directives; Bell Helicopter Textron Canada Limited Model 206A Series, 206B Series, 206L Series, 407, and 427 Helicopters, 17593-17595 [E9-8573]
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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 100
producers of tomatoes in the production
area and approximately 70 handlers
subject to regulation under the
marketing order. Small agricultural
producers are defined by the Small
Business Administration (SBA) as those
having annual receipts less than
$750,000, and small agricultural service
firms are defined as those whose annual
receipts are less than $7,000,000 (13
CFR 121.201).
Based on industry and Committee
data, the average annual price for fresh
Florida tomatoes during the 2007–08
season was approximately $13.71 per
25-pound container, and total fresh
shipments for the 2007–08 season were
45,177,457 25-pound cartons of
tomatoes. Committee data indicates that
around 25 percent of the handlers
handle 94 percent of the total volume
shipped outside the regulated area.
Based on the average price, about 75
percent of handlers could be considered
small businesses under SBA’s
definition. In addition, based on
production data, grower prices as
reported by the National Agricultural
Statistics Service, and the total number
of Florida tomato growers, the average
annual grower revenue is below
$750,000. Thus, the majority of handlers
and producers of Florida tomatoes may
be classified as small entities.
This rule continues in effect the
action that provided a partial exemption
to the minimum grade requirements for
tomatoes grown in Florida. Absent an
exemption, Florida tomatoes covered by
the order must meet at least a U.S. No.
2 grade before they can be shipped and
sold outside the regulated area. This
rule continues to exempt Vintage
RipesTM from the shape requirements
associated with the U.S. No. 2 grade.
This change increases the volume of
Vintage RipesTM that meets the order
requirements, and helps increase
shipments and availability of these
tomatoes. This rule amends the
provisions of § 966.323. Authority for
this action is provided in § 966.52 of the
order.
This change represents a small
increase in costs for producers and
handlers of Vintage RipesTM, primarily
from costs associated with developing
and maintaining the IP program.
However, this rule makes additional
volumes of Vintage RipesTM available
for shipment. This should result in
increased sales of Vintage RipesTM.
Consequently, the benefits of this action
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13:29 Apr 15, 2009
Jkt 217001
are expected to more than offset the
associated costs.
One alternative to this action that was
considered was to not provide an
exemption from shape requirements for
Vintage RipesTM. However, providing
the exemption increases the volume of
Vintage RipesTM that meets the order
requirements, and helps increase
shipments and availability of these
tomatoes for consumers. Further, the
same exemption had been provided
previously for a similar tomato.
Therefore, this alternative was rejected.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
This rule will not impose any
additional reporting or recordkeeping
requirements beyond the IP program on
either small or large tomato handlers. As
with all Federal marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. In addition, as noted in
the initial regulatory flexibility analysis,
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule.
Further, the Committee’s meeting was
widely publicized throughout the
Florida tomato industry and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations. Like all
Committee meetings, the September 4,
2008, meeting was a public meeting and
all entities, both large and small, were
able to express their views on this issue.
An interim final rule concerning this
action was published in the Federal
Register on December 16, 2008 (73 FR
75537). Copies of the rule were mailed
by the Committee’s staff to all
Committee members and Florida tomato
handlers. In addition, the rule was made
available through the Internet by USDA
and the Office of the Federal Register.
That rule provided for a 60-day
comment period which ended February
17, 2009. No comments were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
AMSv1.0/ams.fetchTemplateData.
do?template=TemplateN&
page=MarketingOrdersSmall
BusinessGuide. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
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17593
After consideration of all relevant
material presented, including the
Committee’s recommendation, and
other information, it is found that
finalizing the interim final rule, without
change, as published in the Federal
Register (73 FR 76191, December 16,
2008) will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 966
Marketing agreements, Reporting and
recordkeeping requirements, Tomatoes.
PART 966—TOMATOES GROWN IN
FLORIDA
Accordingly, the interim final rule
amending 7 CFR part 966 which was
published at 73 FR 76191 on December
16, 2008, is adopted as a final rule
without change.
■
Dated: April 9, 2009.
Robert C. Keeney,
Acting Associate Administrator, Agricultural
Marketing Service.
[FR Doc. E9–8684 Filed 4–15–09; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0350; Directorate
Identifier 2009–SW–07–AD; Amendment 39–
15885; AD 2009–07–52]
RIN 2120–AA64
Airworthiness Directives; Bell
Helicopter Textron Canada Limited
Model 206A Series, 206B Series, 206L
Series, 407, and 427 Helicopters
AGENCY: Federal Aviation
Administration, DOT.
ACTION: Final rule; request for
comments.
SUMMARY: This document publishes in
the Federal Register an amendment
adopting Airworthiness Directive (AD)
2009–07–52 and supersedes Emergency
AD 2009–07–51, issued March 17, 2009,
which was sent previously to all known
U.S. owners and operators of Bell
Helicopter Textron Canada Limited
(Bell) Model 206A series, 206B series,
206L series, 407, and 427 helicopters by
individual letters. This AD requires,
before further flight, inspecting each
cyclic control lever assembly (lever
assembly) that has less than 50 hours
time-in-service (TIS) to determine if it is
correctly installed and properly staked
in the lever assembly. This amendment
is prompted by a Transport Canada AD
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17594
Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations
report of a bearing incorrectly installed
in the copilot lever assembly. The
actions specified by this AD are
intended to prevent failure of a bearing,
failure of the lever assembly, and
subsequent loss of control of the
helicopter.
DATES: Effective May 1, 2009, to all
persons except those persons to whom
it was made immediately effective by
Emergency AD 2009–07–52, issued on
March 19, 2009, which contained the
requirements of this amendment.
Comments for inclusion in the Rules
Docket must be received on or before
June 15, 2009.
ADDRESSES: Use one of the following
addresses to submit comments on this
AD:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• 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.
• 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.
You may get the service information
identified in this AD from Bell
Helicopter Textron, Inc., P.O. Box 482,
Fort Worth, TX 76101, telephone (817)
280–3391, fax (817) 280–6466, or at
https://www.bellcustomer.com/files/.
Examining the Docket: You may
examine the docket that contains the
AD, any comments, and other
information on the Internet at https://
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 Docket
Operations office (telephone (800) 647–
5527) is located in Room W12–140 on
the ground floor of the West Building at
the street address stated in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
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: On March
17, 2009, we issued Emergency AD
2009–07–51. The Emergency AD
required, before further flight,
inspecting each lever assembly to
determine if it was correctly installed
VerDate Nov<24>2008
13:29 Apr 15, 2009
Jkt 217001
and properly staked in the lever
assembly. Replacing any bearing that
was incorrectly installed or improperly
staked in the lever assembly was also
required before further flight.
Emergency AD 2009–07–51 was
prompted by a Transport Canada AD
report of a bearing incorrectly installed
in the copilot lever assembly.
Investigation revealed that, although the
inspection witness marks were applied
on the bearing, it had not been properly
staked during manufacture of the lever
assembly. That condition, if not
detected, could result in failure of a
bearing, failure of a lever assembly, and
subsequent loss of control of the
helicopter.
Emergency AD 2009–07–51 applied to
all Bell Model 206A series, 206B series,
206L series, 407, and 427 helicopters
with a lever assembly, part number
(P/N) 206–001–401–111, 206–001–400–
115, 206–001–400–111, 407–001–320–
105 or 407–001–320–109, installed.
After we issued Emergency AD 2009–
07–51, we determined that we should
have limited the applicability of
Emergency AD 2009–07–51 to lever
assemblies with less than 50 hours.
Therefore, we issued superseding
Emergency AD 2009–07–52 to retain all
of the requirements of Emergency AD
2009–07–51 but to reduce the
applicability to only those helicopters
with lever assemblies that have less
than 50 hours TIS that may be affected
by the unsafe condition.
We have reviewed Bell Alert Service
Bulletin (ASB) No. 206–09–121, No.
206L–09–155, No. 407–09–85, and No.
427–09–23, all dated March 10, 2009.
The ASBs specify that a certain bearing
was installed incorrectly on the copilot
lever assembly. The ASBs specify,
before further flight, inspecting certain
serial-numbered Bell helicopters for
correct installation of the bearing.
Transport Canada, the airworthiness
authority for Canada, notified us that an
unsafe condition may exist on certain
helicopters with less than 50 flight
hours or with a lever assembly installed
within the last 50 flight hours.
Transport Canada advises that ‘‘it is
possible that an incorrectly installed
bearing could be found in any
helicopter with a cyclic control lever
assembly recently installed.’’ Failure of
the lever assembly could lead to loss of
control of the helicopter. Transport
Canada classified the ASBs as
mandatory and issued AD No. CF–
2009–10, dated March 12, 2009, 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
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States under the provisions of 14 CFR
21.29 and the applicable bilateral
agreement. Pursuant to the applicable
bilateral agreement, Transport Canada
has kept us informed of the situation
described above. We have 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.
Since the unsafe condition described
is likely to exist or develop on other Bell
Model 206A series, 206B series, 206L
series, 407, and 427 helicopters of the
same type design, we issued Emergency
AD 2009–07–52 to prevent failure of a
bearing, failure of the lever assembly,
and subsequent loss of control of the
helicopter. The Emergency AD requires,
for those helicopters with lever
assemblies that have less than 50 hours
TIS, before further flight, inspecting
each lever assembly, P/N 206–001–401–
111, 206–001–400–115, 206–001–400–
111, 407–001–320–105 or 407–001–
320–109, to determine if the bearing,
P/N 206–301–051–101, is correctly
installed and properly staked in the
lever assembly. Replacing any bearing
that is incorrectly installed or
improperly staked in the lever assembly
is also required before further flight. The
short compliance time involved is
required because the previously
described critical unsafe condition can
adversely affect the structural integrity
of the helicopter. Therefore, the actions
previously described are required before
further flight, and this AD must be
issued immediately.
Since it was found that immediate
corrective action was required, notice
and opportunity for prior public
comment thereon were impracticable
and contrary to the public interest, and
good cause existed to make the AD
effective immediately by individual
letters issued on March 19, 2009 to all
known U.S. owners and operators of
Bell Model 206A series, 206B series,
206L series, 407, and 427 helicopters.
These conditions still exist, and the AD
is hereby published in the Federal
Register as an amendment to 14 CFR
39.13 to make it effective to all persons.
We estimate that this AD will affect
2,715 helicopters of U.S. registry. The
required actions will take approximately
3 work hours per helicopter to
accomplish at an average labor rate of
$80 per work hour. Required parts will
cost approximately $413 per helicopter.
Based on these figures, we estimate the
total cost impact of the AD on U.S.
operators to be $1,772,895, assuming
that each helicopter has a bearing that
needs to be replaced.
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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations
Comments Invited
This AD is a final rule that involves
requirements that affect flight safety and
was not preceded by notice and an
opportunity for public comment;
however, we invite you to submit any
written data, views, or arguments
regarding this AD. Send your comments
to an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2009–0350;
Directorate Identifier 2009–SW–07–AD’’
at the beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
the AD. We will consider all comments
received by the closing date and may
amend the AD in light of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact with FAA
personnel concerning this AD. 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 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).
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.
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
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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,
VerDate Nov<24>2008
13:29 Apr 15, 2009
Jkt 217001
Issued in Fort Worth, Texas, on April 9,
2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. E9–8573 Filed 4–15–09; 8:45 am]
BILLING CODE 4910–13–P
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Authority for This Rulemaking
206B series, No. 206L–09–155 for the Model
206L series, No. 407–09–85 for the Model
407, and No. 427–09–23, for the Model 427,
pertain to the subject of this AD. All of the
ASBs are dated March 10, 2009.
(c) 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 Manager, Safety
Management Group, FAA, ATTN: Sharon
Miles, Aviation Safety Engineer, Rotorcraft
Directorate, Fort Worth, Texas 76193–0111,
telephone (817) 222–5122, fax (817) 222–
5961, for information about previously
approved alternative methods of compliance.
(d) Special flight permits will not be
issued.
(e) This amendment becomes effective on
May 1, 2009, to all persons except those
persons to whom it was made immediately
effective by Emergency AD 2009–07–52,
issued March 19, 2009, which contained the
requirements of this amendment.
Note 2: The subject of this AD is addressed
in Transport Canada AD CF–2009–10, dated
March 12, 2009.
■
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD 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.
For the reasons discussed above, I
certify that the 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 an economic evaluation
of the estimated costs to comply with
this AD. See the AD docket to examine
the economic evaluation.
17595
§ 39.13
[Amended]
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 232
2. Section 39.13 is amended by adding
a new airworthiness directive to read as
follows:
[Release Nos. 33–9022; 34–59728; 39–2464;
IC–28691]
2009–07–52 Bell Helicopter Textron
Canada Limited: Amendment 39–15885.
Docket No. FAA–2009–0350, Directorate
Identifier 2009–SW–07–AD. Supersedes
AD 2009–07–51, Directorate Identifier
2009–SW–06–AD.
Applicability: Bell Model 206A series,
206B series, and 206L series helicopters with
a cyclic control lever assembly (lever
assembly), part number (P/N) 206–001–401–
111, 206–001–400–115, or 206–001–400–111,
with less than 50 hours time-in-service (TIS)
and Model 407 and 427 helicopters with a
lever assembly, P/N 407–001–320–105 or
407–001–320–109, with less than 50 hours
TIS, certificated in any category.
Compliance: Required before further flight,
unless accomplished previously.
To prevent failure of a bearing, failure of
the lever assembly, and subsequent loss of
control of the helicopter, do the following:
(a) Inspect the lever assembly and
determine if the bearing, P/N 206–301–051–
101, is correctly installed and properly
staked in the lever assembly.
(b) Replace any bearing that is incorrectly
installed or improperly staked in the lever
assembly.
Note 1: Bell Alert Service Bulletin (ASB)
No. 206–09–121 for the Model 206A and
Adoption of Updated EDGAR Filer
Manual
■
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Fmt 4700
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AGENCY: Securities and Exchange
Commission.
ACTION: Final rule.
SUMMARY: The Securities and Exchange
Commission (the Commission) is
adopting revisions to the Electronic Data
Gathering, Analysis, and Retrieval
System (EDGAR) Filer Manual to reflect
updates to the EDGAR system. The
revisions are being made primarily to
update EDGAR to support the potential
rule where domestic and foreign large
accelerated filers that use U.S. Generally
Accepted Accounting Principles
(GAAP) would provide to the
Commission a new exhibit to their
filings for their reporting periods that
end as per the details specified in the
final eXtensible Business Reporting
Language (XBRL) rule. The revisions to
the Filer Manual reflect changes within
Volume II entitled EDGAR Filer Manual,
Volume II: ‘‘EDGAR Filing,’’ Version 10
(December 2008). The updated manual
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Agencies
[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Rules and Regulations]
[Pages 17593-17595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8573]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0350; Directorate Identifier 2009-SW-07-AD;
Amendment 39-15885; AD 2009-07-52]
RIN 2120-AA64
Airworthiness Directives; Bell Helicopter Textron Canada Limited
Model 206A Series, 206B Series, 206L Series, 407, and 427 Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) 2009-07-52 and supersedes
Emergency AD 2009-07-51, issued March 17, 2009, which was sent
previously to all known U.S. owners and operators of Bell Helicopter
Textron Canada Limited (Bell) Model 206A series, 206B series, 206L
series, 407, and 427 helicopters by individual letters. This AD
requires, before further flight, inspecting each cyclic control lever
assembly (lever assembly) that has less than 50 hours time-in-service
(TIS) to determine if it is correctly installed and properly staked in
the lever assembly. This amendment is prompted by a Transport Canada AD
[[Page 17594]]
report of a bearing incorrectly installed in the copilot lever
assembly. The actions specified by this AD are intended to prevent
failure of a bearing, failure of the lever assembly, and subsequent
loss of control of the helicopter.
DATES: Effective May 1, 2009, to all persons except those persons to
whom it was made immediately effective by Emergency AD 2009-07-52,
issued on March 19, 2009, which contained the requirements of this
amendment.
Comments for inclusion in the Rules Docket must be received on or
before June 15, 2009.
ADDRESSES: Use one of the following addresses to submit comments on
this AD:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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.
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.
You may get the service information identified in this AD from Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, telephone
(817) 280-3391, fax (817) 280-6466, or at https://www.bellcustomer.com/files/.
Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information on the Internet at https://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 Docket Operations office (telephone (800) 647-5527) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
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: On March 17, 2009, we issued Emergency AD
2009-07-51. The Emergency AD required, before further flight,
inspecting each lever assembly to determine if it was correctly
installed and properly staked in the lever assembly. Replacing any
bearing that was incorrectly installed or improperly staked in the
lever assembly was also required before further flight. Emergency AD
2009-07-51 was prompted by a Transport Canada AD report of a bearing
incorrectly installed in the copilot lever assembly. Investigation
revealed that, although the inspection witness marks were applied on
the bearing, it had not been properly staked during manufacture of the
lever assembly. That condition, if not detected, could result in
failure of a bearing, failure of a lever assembly, and subsequent loss
of control of the helicopter.
Emergency AD 2009-07-51 applied to all Bell Model 206A series, 206B
series, 206L series, 407, and 427 helicopters with a lever assembly,
part number (P/N) 206-001-401-111, 206-001-400-115, 206-001-400-111,
407-001-320-105 or 407-001-320-109, installed. After we issued
Emergency AD 2009-07-51, we determined that we should have limited the
applicability of Emergency AD 2009-07-51 to lever assemblies with less
than 50 hours. Therefore, we issued superseding Emergency AD 2009-07-52
to retain all of the requirements of Emergency AD 2009-07-51 but to
reduce the applicability to only those helicopters with lever
assemblies that have less than 50 hours TIS that may be affected by the
unsafe condition.
We have reviewed Bell Alert Service Bulletin (ASB) No. 206-09-121,
No. 206L-09-155, No. 407-09-85, and No. 427-09-23, all dated March 10,
2009. The ASBs specify that a certain bearing was installed incorrectly
on the copilot lever assembly. The ASBs specify, before further flight,
inspecting certain serial-numbered Bell helicopters for correct
installation of the bearing.
Transport Canada, the airworthiness authority for Canada, notified
us that an unsafe condition may exist on certain helicopters with less
than 50 flight hours or with a lever assembly installed within the last
50 flight hours. Transport Canada advises that ``it is possible that an
incorrectly installed bearing could be found in any helicopter with a
cyclic control lever assembly recently installed.'' Failure of the
lever assembly could lead to loss of control of the helicopter.
Transport Canada classified the ASBs as mandatory and issued AD No. CF-
2009-10, dated March 12, 2009, 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 us informed
of the situation described above. We have 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.
Since the unsafe condition described is likely to exist or develop
on other Bell Model 206A series, 206B series, 206L series, 407, and 427
helicopters of the same type design, we issued Emergency AD 2009-07-52
to prevent failure of a bearing, failure of the lever assembly, and
subsequent loss of control of the helicopter. The Emergency AD
requires, for those helicopters with lever assemblies that have less
than 50 hours TIS, before further flight, inspecting each lever
assembly, P/N 206-001-401-111, 206-001-400-115, 206-001-400-111, 407-
001-320-105 or 407-001-320-109, to determine if the bearing, P/N 206-
301-051-101, is correctly installed and properly staked in the lever
assembly. Replacing any bearing that is incorrectly installed or
improperly staked in the lever assembly is also required before further
flight. The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect the
structural integrity of the helicopter. Therefore, the actions
previously described are required before further flight, and this AD
must be issued immediately.
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual letters
issued on March 19, 2009 to all known U.S. owners and operators of Bell
Model 206A series, 206B series, 206L series, 407, and 427 helicopters.
These conditions still exist, and the AD is hereby published in the
Federal Register as an amendment to 14 CFR 39.13 to make it effective
to all persons.
We estimate that this AD will affect 2,715 helicopters of U.S.
registry. The required actions will take approximately 3 work hours per
helicopter to accomplish at an average labor rate of $80 per work hour.
Required parts will cost approximately $413 per helicopter. Based on
these figures, we estimate the total cost impact of the AD on U.S.
operators to be $1,772,895, assuming that each helicopter has a bearing
that needs to be replaced.
[[Page 17595]]
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2009-0350; Directorate
Identifier 2009-SW-07-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the AD. We will consider all
comments received by the closing date and may amend the AD in light of
those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. 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 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).
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that the 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 an economic evaluation of the estimated costs to comply
with this AD. See the AD docket to examine the economic evaluation.
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.
Adoption of the Amendment
0
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
0
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]
0
2. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:
2009-07-52 Bell Helicopter Textron Canada Limited: Amendment 39-
15885. Docket No. FAA-2009-0350, Directorate Identifier 2009-SW-07-
AD. Supersedes AD 2009-07-51, Directorate Identifier 2009-SW-06-AD.
Applicability: Bell Model 206A series, 206B series, and 206L
series helicopters with a cyclic control lever assembly (lever
assembly), part number (P/N) 206-001-401-111, 206-001-400-115, or
206-001-400-111, with less than 50 hours time-in-service (TIS) and
Model 407 and 427 helicopters with a lever assembly, P/N 407-001-
320-105 or 407-001-320-109, with less than 50 hours TIS,
certificated in any category.
Compliance: Required before further flight, unless accomplished
previously.
To prevent failure of a bearing, failure of the lever assembly,
and subsequent loss of control of the helicopter, do the following:
(a) Inspect the lever assembly and determine if the bearing, P/N
206-301-051-101, is correctly installed and properly staked in the
lever assembly.
(b) Replace any bearing that is incorrectly installed or
improperly staked in the lever assembly.
Note 1: Bell Alert Service Bulletin (ASB) No. 206-09-121 for
the Model 206A and 206B series, No. 206L-09-155 for the Model 206L
series, No. 407-09-85 for the Model 407, and No. 427-09-23, for the
Model 427, pertain to the subject of this AD. All of the ASBs are
dated March 10, 2009.
(c) 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 Manager, Safety Management Group, FAA, ATTN: Sharon
Miles, Aviation Safety Engineer, Rotorcraft Directorate, Fort Worth,
Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-5961, for
information about previously approved alternative methods of
compliance.
(d) Special flight permits will not be issued.
(e) This amendment becomes effective on May 1, 2009, to all
persons except those persons to whom it was made immediately
effective by Emergency AD 2009-07-52, issued March 19, 2009, which
contained the requirements of this amendment.
Note 2: The subject of this AD is addressed in Transport Canada
AD CF-2009-10, dated March 12, 2009.
Issued in Fort Worth, Texas, on April 9, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-8573 Filed 4-15-09; 8:45 am]
BILLING CODE 4910-13-P