[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Notices]
[Pages 62705-62706]
[FR Doc No: 2014-24745]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0056]

Notice of Petition for Approval of Positive Train Control Safety
Plan

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated August 29, 2014, BNSF Railway (BNSF) has petitioned for approval
of its Positive Train Control Safety Plan (PTCSP) submitted pursuant to
the Federal railroad safety regulations contained in 49 CFR part 236,
Subpart I, Positive Train Control Systems. FRA assigned the petition
Docket Number FRA-2010-0056.
    BNSF seeks approval of its PTCSP and system certification for its
implementation of the Interoperable Electronic Train Management System
(I-ETMS) in accordance with 49 CFR 236.1009, Procedural requirements.
BNSF asserts that the PTCSP demonstrates that I-ETMS has been designed
as a vital overlay PTC system in compliance with 49 CFR 236.1015, PTC
Safety Plan content requirements and PTC System Certification. The
PTCSP describes the BNSF I-ETMS implementation and the associated I-
ETMS safety processes; safety analyses; and test, validation, and
verification processes used during development of I-ETMS. The PTCSP
also contains BNSF's operational and support requirements and
procedures.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by January 20, 2015 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on October 14, 2014.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2014-24745 Filed 10-17-14; 8:45 am]
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[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Proposed Rules]
[Pages 41877-41882]
[FR Doc No: 2013-16727]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0574; Directorate Identifier 2008-SW-22-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada (Bell)
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) for the Bell Model 407 helicopters. The existing AD currently
requires preflight checking and repetitively inspecting for a crack in
certain tailbooms that have been redesigned, replacing the tailboom if
there is a crack, modifying and re-identifying certain tailbooms,
installing an improved horizontal stabilizer assembly, and assigning a
5,000 hour time-in-service (TIS) limit. Since we issued that AD, we
have received several additional reports of cracked tailboom skins.
This proposed AD would retain the existing requirements and apply
additional inspection requirements. The proposed actions are intended
to prevent separation of the tailboom and subsequent loss of control of
the helicopter.

DATES: We must receive comments on this proposed AD by September 10,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address 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 Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the economic
evaluation, any comments received and other information. The street
address for the Docket Operations Office (telephone<PHONE_NUMBER>) is in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
    For service information identified in this proposed AD, contact
Bell Helicopter Textron Canada, 12,800 Rue de l'Avenir, Mirabel, Quebec
J7J1R4, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax<PHONE_NUMBER>
or at http://www.bellcustomer.com/files/. You may review service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone<PHONE_NUMBER>,
fax<PHONE_NUMBER>, email<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    On March 21, 2000, we issued AD 2000-06-10, Amendment 39-11651 (65
FR 16804, March 30, 2000), to require preflight checking and
repetitively inspecting the tailboom for a crack and replacing the
tailboom if a crack was found. On March 3, 2003, we issued AD 2003-05-
03, Amendment 39-13079 (68 FR 11967, March 13, 2003), which superseded
AD 2000-06-10. AD 2003-05-03 requires prelight checks and repetitive
inspections, modifying and reidentifying certain tailbooms, installing
an improved horizontal stabilizer assembly, and assigning a 5,000-hour
TIS life limit to certain tailbooms. AD 2003-05-03 was intended to
prevent separation of the tailboom and subsequent loss of control of
the helicopter.

Actions Since Existing AD Was Issued

    Since we issued AD 2003-05-03, Transport Canada, which is the
aviation authority for Canada, has issued Canadian AD No. CF-2008-04,
dated January 11, 2008 (AD CF-2008-04), based on several reports of
cracks to the tailboom skin on the left side in the area of horizontal
stabilizer found by visual inspection. AD CF-2008-04 mandates new
inspection requirements based on the manufacturer's service information
discussed in the ``Related Service Information'' section of this NPRM.

FAA's Determination

    This helicopter model has been approved by the aviation authority
of Canada and is approved for operation in the United States. Pursuant
to our bilateral agreement, Transport Canada has kept the FAA informed
of the situation described above. We are proposing this AD because we
evaluated all known relevant information and determined that an unsafe
condition is likely to exist or develop on other helicopters of these
same type designs.

Related Service Information

    We reviewed Bell Alert Service Bulletin (ASB) No. 407-07-80 and ASB
No. 407-01-48, Revision C, both dated August 27, 2007. In ASB No. 407-
07-80, Bell states they have received additional reports of cracked
tailboom skins, part number (P/N) 407-030-801-157, affecting tailboom
assemblies, P/N 407-530-014-101 and -103 (modified per AD 2003-05-03,
reference ASB 407-01-48, Revision B, dated April 25, 2002), and
original production tailboom assembly, P/N 407-030-801-107. Each report
indicated a crack above the left side upper stabilizer attachment
support at Station 98.89. Further investigation conducted by Bell
revealed other areas of the tailbooms require additional attention.
Thus, ASB 407-07-080 contains procedures for preparing the tailboom for
repetitive inspection, preflight checking the tailboom, and
repetitively inspecting the tailboom. Bell specifies that replacing the
affected tailboom assembly, P/N 407-530-014-101, -103 or 407-030-801-
107, with tailboom assembly, P/N 407-030-801-201, -203, -205, or later
dash numbers is terminating action for Bell ASB No. 407-07-80.
    In ASB 407-01-48, Bell states that since issuing ASB 407-99-26,
Revision C, dated February 28, 2002, they have received additional
reports of cracks in the upper skins, which originated from holes where
the fasteners are installed at the forward and aft section of the left
upper stabilizer support, P/N 407-023-800-117. ASB 407-01-48 contains
procedures for inspecting the tailboom on the left side where the
fasteners are installed, installing an improved horizontal stabilizer
assembly and re-identifying the tailboom, and assigning a 5,000-hour
TIS life limit to the tailboom.

Proposed AD Requirements

    This proposed AD addresses certain part-numbered tailbooms that
were modified and reidentified as one new P/N. These same P/Ns are
addressed by new inspection requirements. This proposed AD retains the
requirements of the superseded AD for certain part-numbered tailbooms
and establishes new requirements for certain other P/Ns, by requiring
compliance with portions of the Bell ASBs as follows:
     For tailboom, P/Ns 407-030-801-101 and -105, which have
not been modified, conduct daily preflight checks of the tailboom for a
crack and repetitively inspect the tailboom for a crack. Within 600
hours TIS or 30 days, modify and re-identify these part-numbered
tailbooms as P/N 407-530-014-101 or 407-530-014-103, and install an
improved horizontal stabilizer assembly.
     For P/Ns 407-530-014-101 and -103 and P/N 407-030-801-107,
revise the Airworthiness Limitations section of the maintenance manual
by establishing a retirement life of 5,000 hours TIS, prepare the
tailboom for daily visual checks and inspections, and inspect the
tailboom for a crack. Thereafter, visually check the tailboom for a
crack before the first flight of each day and repetitively inspect the
tailboom for a crack every 100 hours TIS.
     For all P/Ns, if there is a crack, before further flight,
replace the tailboom. If there is no crack, ensure both surfaces are
dry and protect each reworked area with a thin coat of clear coating.
     An owner/operator (pilot) may perform the daily visual
checks required by this proposed AD because these checks require no
special tools and can be performed equally well by a pilot or a
mechanic. This authorization is an exception to our standard
maintenance regulations.

Differences Between This Proposed AD and the Transport Canada AD

    This AD would not require you to contact the manufacturer. This AD
does not state that replacing the affected tailboom with tailboom, P/N
407-030-801-201, -203, -205, or later numbers constitutes terminating
action because installing other part-numbered tailbooms than those
listed in the applicability of this AD may also result in terminating
action for the requirements of this AD.

Costs of Compliance

    We estimate that this proposed AD would affect about 464
helicopters of U.S. registry. We estimate that operators would incur
the following costs in order to comply with this AD. We estimate the
time for conducting pilot checks is minimal and thus we are assuming
there is no cost. It would take about .5 work-

hour to perform the annotations in the helicopter records, 1.5 work
hours to prepare the inspection area and do the magnification
inspection, and 2.5 work hours to do the repetitive 100-hour TIS
inspections at an average labor rate of $85 per work-hour. Based on
these figures, we estimate the cost of the proposed AD on U.S.
operators would be $1,445 per helicopter and $670,480 for the U.S.
operator fleet to do the checks and inspections, based on 6 repetitive
inspections the first year. The previous AD affected 284 helicopters,
and we estimated 3.5 work hours to do the initial inspection, 1.5 work
hours to do the recurring inspections, and 18 work hours to do the
modification at an average labor rate of $60 per work hour. Required
parts were estimated at $1,244 per helicopter. Based on these figures,
the total cost of the AD on U.S. operators was estimated to be $3,254
per helicopter or $924,136, based on 8 repetitive inspections per year.
    According to Bell, the cost of a new tailboom is $82,850. Per Bell
ASB 407-07-80, the costs to replace the tailboom may be covered under
warranty, thereby reducing the cost impact on affected individuals. We
do not control warranty coverage by Bell. We have included all costs in
our cost estimate.

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, 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);
    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.
    We prepared an economic 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

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. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2003-05-03 (68 FR 11967, March 13, 2003) and by adding the following
new AD:

Bell Helicopter Textron Canada: Docket No. FAA-2013-0574;
Directorate Identifier 2008-SW-22-AD.

(a) Applicability

    This AD applies to Model 407 helicopters, serial numbers 53000
through 53475, with tailboom, part number (P/N) 407-030-801-101, -
105, or -107, or 407-530-014-101 or -103, installed, certificated in
any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as cracks in the tailboom
skin on the left side in the area of horizontal stabilizer, which
could result in separation of the tailboom and subsequent loss of
control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2003-05-03, Amendment 39-13079 (68 FR
11967, March 13, 2003), which superseded AD 2000-06-10, Amendment
39-11651 (65 FR 16804, March 30, 2000).

(d) Comments Due Date

    We must receive comments by September 10, 2013.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    (1) For tailboom, P/Ns 407-030-801-101 and -105:
    (i) Unmodified per Bell Alert Service Bulletin (ASB) 407-01-48,
Revision C, dated August 27, 2007 (ASB 407-01-48):
    (A) Before the first flight of each day, visually check the
tailboom for a crack, as depicted in Figure 1 to paragraph
(f)(1)(i)(A) of this AD.
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[GRAPHIC] [TIFF OMITTED] TP12JY13.000

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    (B) For a tailboom with 600 or more hours time-in-service (TIS),
within 25 hours TIS and thereafter at intervals not to exceed 50
hours TIS, visually inspect the tailboom for a crack using a 10X or
higher magnifying glass by following the Accomplishment
Instructions, Part II, of Bell ASB 407-99-26, Revision C, dated
February 28, 2002, except this AD does not require you to contact
Bell.
    (ii) Within 600 hours TIS, but not later than 30 days:
    (A) Modify and re-identify each tailboom, P/N 407-030-801-101 as
407-530-014-101, and P/N 407-030-801-105 as 407-530-014-103, by
following the Accomplishment Instructions, Parts I and III, of ASB
407-01-48.
    (B) Install improved horizontal stabilizer assembly, P/N 407-
023-800-ALL, by following Bell Technical Bulletin No. 407-01-33,
dated August 29, 2001, except this AD does not require you to
contact Bell.
    (2) For tailboom, P/Ns 407-530-014-101 and -103, and P/N 407-
030-801-107:
    (i) Before further flight after the tailboom is modified and re-
identified, revise the Airworthiness Limitations section of the
maintenance manual by establishing a retirement life of 5,000 hours
TIS. Create a component history card or equivalent record and assign
a life limit of 5,000 hours TIS by

following the Accomplishment Instructions, Part IV, of ASB 407-01-
48.
    (ii) Within 25 hours TIS or 30 days, whichever occurs first,
prepare the tailboom for daily visual checks and recurring
inspections and inspect the tailboom for a crack by following the
Accomplishment Instructions, Part II, Steps 1.a) through 1.f), of
Bell ASB 407-07-80, dated August 27, 2007 (ASB 407-07-80).
    (iii) Thereafter, before the first flight of each day, clean the
area on the tailboom where paint has been removed and visually check
the tailboom for a crack as depicted in Figure 2 to Paragraph
(f)(2)(iii) of this AD.
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[GRAPHIC] [TIFF OMITTED] TP12JY13.001

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    (iv) Within 100 hours TIS and thereafter at intervals not to
exceed 100 hours TIS, using a 10x or higher power magnifying glass,
inspect each tailboom for a loose rivet, a crack, skin corrosion, or
any other damage, by following the Accomplishment Instructions, Part
IV, Steps 1 through 6, of ASB 407-07-80, except this AD does not
require you to contact Bell. If there is corrosion within an
allowable tolerance, repair each area of corrosion.
    (3) If there is a crack, before further flight, replace the
tailboom.
    (4) If there is no crack, make sure both of the inspection area
surfaces are dry and protect each reworked area with a thin coat of
clear coating.

    (5) The actions required by paragraphs (f)(1)(i)(A) and
(f)(2)(iii) of this AD may be performed by the owner/operator
(pilot) holding at least a private pilot certificate and must be
entered into the aircraft records showing compliance with this AD in
accordance with 14 CFR 43.9 (a)(1)-(4) and 91.417(a)(2)(v). This
record must be maintained as required by 14 CFR 91.417, 121.380, or
135.439.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    The subject of this AD is addressed in Transport Canada Civil
Aviation (TCCA) AD No. CF-2008-04, dated January 11, 2008. You may
view the TCCA AD on the Internet at http://www.regulations.gov in
Docket No. FAA-2013-0574.

(i) Subject

    Joint Aircraft Service Component (JASC) Code is 5300: Rotorcraft
Tail Boom, and 5302: Middle Section.

    Issued in Fort Worth, Texas, on June 12, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-16727 Filed 7-11-13; 8:45 am]
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