AD 2010-26-52

This AD is effective November 15, 2011 to all persons except those persons to whom it was made immediately effective by Emergency AD 2010-26-52, issued on December 10, 2010, which contained the requirements of this amendment.

We must receive comments on this AD by December 30, 2011.

You may send comments by any of the following methods:

• Federal eRulemaking Portal: Go to http://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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact Bell Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, telephone (817) 280-3391, fax (817) 280-6466, or at http://www.bellcustomer.com/files/.

Martin R. Crane, Aerospace Engineer, FAA, Rotorcraft Directorate, Rotorcraft Certification Office, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5170; fax (817) 222-5783; email: 7-AVS-ASW-170@faa.gov.

We are publishing in the Federal Register an amendment adopting Emergency AD 2010-26-52, issued December 10, 2010 (EAD 2010-26-52), which was sent to all known owners and operators of BHT Model 204B, 205A, 205A-1, 205B, 210, 212, 412, 412CF, and 412EP helicopters with certain blades installed. EAD 2010-26-52 supersedes AD 2007-19-53, Amendment 39-15265 (72 FR 65224, November 20, 2007) issued October 31, 2007 (AD 2007-19-53). AD 2007-19-53 required, before further flight, replacing certain blades with airworthy blades. That action was prompted by three reports of blade tip weights being slung from the blades during flights, causing significant vibration. We issued AD 2007-19-53 on a limited number of blades to address this unsafe condition, which could result in the loss of the blade tip weight, loss of a blade, and subsequent loss of control of the helicopter.

Since we issued AD 2007-19-53, another incident occurred in which the blade tip weight separated from a blade during flight, causing vibration. This incident led to the determination that additional blades could be affected and these blade numbers should be added to the applicability section of the AD. We issued superseding EAD 2010-26-52 which retains the same requirements of AD 2007-19-53, but adds new blade P/Ns and S/Ns to the applicability.

We have reviewed the following revised BHT Alert Service Bulletins (ASBs), all dated November 22, 2010 except for ASB No. 204-07-61. Each ASB contains a Rotor Blades Inc. (RBI) letter that adds blade P/Ns and S/Ns to the RBI list.

• No. 204-07-61, Revision A, dated September 19, 2007, for Model 204 helicopters;

• No. 205-07-95, Revision B, for Model 205 helicopters;

• No. 205B-07-46, Revision B, for Model 205B helicopters;

• No. 212-07-125, Revision B, for Model 212 helicopters;

• No. 412CF-07-30, Revision B, for Model 412CF helicopters;

• No. 412-07-123, Revision B, for Model 412 and 412EP helicopters.

We are issuing this AD because we evaluated all relevant information and determined the unsafe condition described previously is likely to exist or develop on other helicopters of the same type designs. We have also determined that Emergency AD 2010-26-52 contained an incorrect Alert Service Bulletin (ASB) number for the Model 412CF helicopters in the preamble discussion. Therefore, we are making a change to this AD to correct the ASB number. We have also made other minor editorial changes to this AD, including reorganizing the Applicability table. We have determined that these changes do not increase the economic burden on any AD operator nor do they increase the scope of the AD.

This AD requires, before further flight, unless already accomplished, replacing any affected blade with an airworthy blade. An airworthy blade is one that has a P/N and S/N not included in the Applicability section of this AD. Affected blades are those having a P/N and S/N as follows:

An unsafe condition exists that requires the immediate adoption of this AD. The short compliance time of before further flight justifies waiving notice and comment prior to adoption of this rule because the unsafe condition described previously is likely to exist or develop on other helicopters of the same type designs. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days.

This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2011-1041 and Directorate Identifier 2010-SW-109-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this 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 AD.

We estimate that this AD affects 265 helicopters of U.S. registry. We estimate the following costs to comply with this AD:

This cost estimate is based on the assumption that all affected helicopters will be inspected, and 35 helicopters will have a blade replaced. The manufacturer has indicated that some of the costs associated with this AD may be covered under a warranty program, but this AD has not considered this warranty program when calculating total costs on U.S. operators.

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.

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 this AD:

(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),

(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

(4) 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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR Part 39 as follows:

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

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):