AD 96-01-08

Effective January 24, 1996.

Comments for inclusion in the Rules Docket must be received on or before March 11, 1996.

Submit comments in triplicate to the Federal Aviation Administration (FAA), Office of the Assistant Chief Counsel, Attention: Rules Docket No. 95-SW-33-AD, 2601 Meacham Blvd., room 663, Fort Worth, Texas 76137.

Mr. Charles Harrison, Aerospace Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA, Fort Worth, Texas 76193-0170, telephone (817) 222-5447, fax (817) 222-5960.

On November 3, 1995, the FAA issued priority letter AD 95-23-02, applicable to certain serial-numbered BHT Models 222, 222B, 222U, and 230 helicopters, to require an initial check of both surfaces of each blade for cracks; an inspection of the blade skin if a crack of a specified size or location is found in the paint; and replacement of the blade if a crack is found in the blade skin. That action was prompted by two incidents in which a crack developed in the stainless steel blade skins on BHT Model 230 helicopters. In one of these incidents, the blade failed during flight. Subsequent investigation revealed fatigue cracks originating from sanding marks on the blade skin. The cracks were located just outboard of the stainless steel blade doubler. That condition, if not corrected, could result in failure of a blade due to a fatigue crack, loss of the tail rotor and tail rotor gear box, and subsequent loss of control of the helicopter.

Since the issuance of that AD, the FAA has discovered that an error was made in the applicability paragraph of the priority letter AD, which incorrectly stated the S/N of one of the affected models. The Model 230 helicopters affected by the AD include S/N 23001 through 23038. The priority letter AD incorrectly stated S/N 23001 through 23034.

Since the unsafe condition described is likely to exist or develop on other BHT Models 222, 222B, 222U, and 230 helicopters of the same type design, this AD supersedes priority letter AD 95-23-02 to require, before further flight, an initial visual check of both painted surfaces of each blade for cracks. If a crack of a specified size and location is found in the paint, removal of the paint and a visual inspection using a 10-power or higher magnifying glass is required before further flight. If this closer inspection reveals a crack in the blade skin, replacement of the blade with an airworthy blade is required. If no crack is found in the blade skin, the area from which the paint was removed is coated with a light-weight oil or an equivalent corrosion preventive compound, and then repetitive visual checks are required at intervals not to exceed 3 hours time-in-service (TIS). The initial visual check that is required before further flight and the repetitive checks may be performed by a pilot, but must be entered into the aircraft records showing compliance with paragraph (a) of this AD in accordance with sections 43.11 and 91.417(a)(2)(v) of the Federal Aviation Regulations. This AD allows a pilot to perform this check because it involves only a visual check for cracking in the painted surface of the blade skin, and can be performed equally well by a pilot or a mechanic.

Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.

Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 95-SW-33-AD.'' The postcard will be date stamped and returned to the commenter.

The regulations adopted herein will not have substantial direct effects 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, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a ``significant regulatory action'' under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption ADDRESSES.

Air transportation, Aircraft, Aviation safety, Safety.

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:

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

Authority: 49 U.S.C. 106(g), 40113, 44701.