Rule2023-14321
Airworthiness Directives; Bell Textron Canada Limited Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2023
Effective
July 21, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2021-24- 04, which applied to certain Bell Helicopter Textron Canada Limited (type certificate previously held by Bell Helicopter Textron Canada Limited) Model 505 helicopters. AD 2021-24-04 required revising the existing Rotorcraft Flight Manual (RFM) for your helicopter. Since the FAA issued AD 2021-24-04, Bell Textron Canada Limited revised the RFM to incorporate more restrictive operating limitations. This AD is prompted by the determination that the existing altitude limitations were not valid for certain fuel types and that revising the existing RFM for your helicopter to align with the limitations of the Safran Helicopter Engines, S.A. Model ARRIUS 2R engine is necessary. This AD requires revising the existing RFM for your helicopter, as specified in a Transport Canada AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 128 (Thursday, July 6, 2023)</title>
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[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Rules and Regulations]
[Pages 43055-43058]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14321]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1395; Project Identifier MCAI-2023-00720-R;
Amendment 39-22485; AD 2023-12-26]
RIN 2120-AA64
Airworthiness Directives; Bell Textron Canada Limited Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-24-
04, which applied to certain Bell Helicopter Textron Canada Limited
(type certificate previously held by Bell Helicopter Textron Canada
Limited) Model 505 helicopters. AD 2021-24-04 required revising the
existing Rotorcraft Flight Manual (RFM) for your helicopter. Since the
FAA issued AD 2021-24-04, Bell Textron Canada Limited revised the RFM
to incorporate more restrictive operating limitations. This AD is
prompted by the determination that the existing altitude limitations
were not valid for certain fuel types and that revising the existing
RFM for your helicopter to align with the limitations of the Safran
Helicopter Engines, S.A. Model ARRIUS 2R engine is necessary. This AD
requires revising the existing RFM for your helicopter, as specified in
a Transport Canada AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective July 21, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 21,
2023.
The FAA must receive any comments on this AD by August 21, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1395; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, any comments received, and other
information. The address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For Transport Canada material that is incorporated by
reference in this final rule, contact Transport Canada, Transport
Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario, K1A 0N5, CANADA; phone 888-663-3639; email
<a href="/cdn-cgi/l/email-protection#0256412c436b70756d70766a6b6c677171466b706761766b7467712f416d6c716b656c677166676c63746b6563606b6e6b76672c56414276612c65612c6163"><span class="__cf_email__" data-cfemail="94c0d7bad5fde6e3fbe6e0fcfdfaf1e7e7d0fde6f1f7e0fde2f1e7b9d7fbfae7fdf3faf1e7f0f1faf5e2fdf3f5f6fdf8fde0f1bac0d7d4e0f7baf3f7baf7f5">[email protected]</span></a>;
internet tc.canada.ca/en/aviation. You may find the Transport Canada
material on the Transport Canada website at tc.canada.ca/en/aviation.
<bullet> You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call (817) 222-5110. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1395.
Other Related Service Information: For Bell service information
identified in this final rule, contact Bell Textron Canada Limited,
12,800 Rue de l'Avenir, Mirabel, Quebec J7J 1R4, Canada; phone 1-450-
437-2862 or 1-800-363-8023; fax 1-450-433-0272; email
<a href="/cdn-cgi/l/email-protection#9fefedf0fbeafcebeceaefeff0edebdffdfaf3f3f9f3f6f8f7ebb1fcf0f2"><span class="__cf_email__" data-cfemail="8ffffde0ebfaecfbfcfaffffe0fdfbcfedeae3e3e9e3e6e8e7fba1ece0e2">[email protected]</span></a>; or at <a href="http://bellflight.com/support/contact-support">bellflight.com/support/contact-support</a>. You may also view this service information at the FAA contact
information under Material Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT: Michael Hughlett, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone (817) 222-5889; email <a href="/cdn-cgi/l/email-protection#367b5f555e57535a187e43515e5a5342427650575718515940"><span class="__cf_email__" data-cfemail="2b664248434a4e4705635e4c43474e5f5f6b4d4a4a054c445d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1395; Project Identifier MCAI-
2023-00720-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private,
[[Page 43056]]
that you actually treat as private, and that is relevant or responsive
to this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Michael
Hughlett, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone (817) 222-5889; email
<a href="/cdn-cgi/l/email-protection#a0edc9c3c8c1c5cc8ee8d5c7c8ccc5d4d4e0c6c1c18ec7cfd6"><span class="__cf_email__" data-cfemail="d79abeb4bfb6b2bbf99fa2b0bfbbb2a3a397b1b6b6f9b0b8a1">[email protected]</span></a>. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2021-24-04, Amendment 39-21825 (86 FR 69998,
December 9, 2021) (AD 2021-24-04), for Bell Helicopter Textron Canada
Limited (type certificate previously held by Bell Helicopter Textron
Canada Limited) Model 505 helicopters having serial number 65011 and
subsequent. AD 2021-24-04 was prompted by Transport Canada AD CF-2019-
08, dated March 5, 2019 (Transport Canada AD CF-2019-08), issued by
Transport Canada, which is the aviation authority for Canada. Transport
Canada advised of the need to reduce the pressure altitude limitations
for Jet B and JP-4 wide-cut fuels following unsatisfactory performance
of the engine at the original higher altitude limitations with those
wide-cut fuels. AD 2021-24-04 required revising the Limitations Section
of the existing RFM for your helicopter. The FAA issued AD 2021-24-04
to prevent low fuel pressure, engine flame-out, or engine power
interruption (a change in any engine performance parameter--including,
but not limited to, gas generator speed, power turbine speed, main gas
temperature, or output torque--outside its normal limits for the
prevailing operating conditions).
Actions Since AD 2021-24-04 Was Issued
Since the FAA issued AD 2021-24-04, Transport Canada has issued
Transport Canada AD CF-2023-16, dated March 6, 2023 (Transport Canada
AD CF-2023-16), to supersede Transport Canada AD CF-2019-08.
Transport Canada AD CF-2023-16 states that Bell Textron Canada
Limited determined that the altitude limitations in the existing RFM,
as they pertain to certain fuel types, were not valid. Accordingly,
Transport Canada AD CF-2023-16 requires updating the RFM to align with
the limitations of the ARRIUS 2R engine, which include more stringent
fuel operating envelope limitations for starting at certain altitudes,
ambient temperatures, and fuel specifications. Transport Canada AD CF-
2023-16 states that failure to comply with the correct operating
limitations could result in low fuel pressure, engine flame-out, or
engine power interruption. You may examine Transport Canada AD CF-2023-
16 in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1395.
The FAA is issuing this AD to require limitations that align with
the ARRIUS 2R engine. This unsafe condition, if not addressed, could
result in low fuel pressure, engine flame-out, or engine power
interruption.
This AD also corrects the Applicability paragraph to identify the
current type certificate holder as ``Bell Textron Canada Limited''
instead of ``Bell Helicopter Textron Canada Limited'' and removes the
type certificate previously held by information.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Transport Canada AD CF-2023-16, which specifies to
update the RFM BHT-505-FM-1 to Revision 5, or to later revisions, as
approved by Transport Canada.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.
Other Related Service Information
The FAA also reviewed Figure 1-6. Fuel Operating Envelope (Sheet 1
of 1) of Bell 505 Rotorcraft Flight Manual BHT-505-FM-1, Revision 5,
dated October 30, 2019, which specifies corrected fuel operating
envelope limitations for various fuels.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
Transport Canada AD CF-2023-16 described above. The FAA is issuing this
AD after determining that the unsafe condition described previously is
likely to exist or develop on other products of these same type design.
AD Requirements
This AD requires accomplishing the actions specified in Transport
Canada AD CF-2023-16, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
The owner/operator (pilot) holding at least a private pilot
certificate may revise the existing RFM for your helicopter and must
enter compliance with this AD into the aircraft records in accordance
with 14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be maintained
as required by 14 CFR 91.417, 121.380, or 135.439. This is an exception
to the FAA's standard maintenance regulations.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because this model helicopter cannot safely fly at altitudes currently
authorized by the existing RFM for your helicopter. The unsafe
condition may result in low fuel pressure, engine flame-out, or engine
power interruption; and this model helicopter does not have an
auxiliary power unit onboard making it difficult to restart during
flight. Additionally, these are high usage helicopters, which increases
the likeliness of occurrence of exceeding the corrected operating
limitations. In light of this, revising the existing RFM for your
helicopter must be accomplished within 30 days after the effective date
of this AD. Therefore, the compliance time for this required action is
shorter than the time necessary for the public to comment and for
publication of the final rule.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, the FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making this
[[Page 43057]]
amendment effective in less than 30 days, for the same reasons the FAA
found good cause to forgo notice and comment.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
Transport Canada AD CF-2023-16 is incorporated by reference in this FAA
final rule. This AD, therefore, requires compliance with Transport
Canada AD CF-2023-16 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this AD. Using common terms that are the same as the heading of a
particular section in the Transport Canada AD does not mean that
operators need to comply only with that section. For example, where the
AD requirement refers to ``Compliance,'' compliance with this AD
requirement is not limited to the section titled ``Corrective Actions''
in Transport Canada AD CF-2023-16. Service information referenced in
Transport Canada AD CF-2023-16 for compliance will be available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1395 after this final rule is
published.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 141 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
Revising the existing RFM for your helicopter takes about 0.5 work-
hour for an estimated cost of $43 per helicopter and $6,063 for the
U.S. fleet.
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.
The FAA is 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
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, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
0
a. Removing Airworthiness Directive 2021-24-04, Amendment 39-21825 (86
FR 69998, December 9, 2021); and
0
b. Adding the following new airworthiness directive:
2023-12-26 Bell Textron Canada Limited: Amendment 39-22485; Docket
No. FAA-2023-1395; Project Identifier MCAI-2023-00720-R.
(a) Effective Date
This airworthiness directive (AD) is effective July 21, 2023.
(b) Affected ADs
This AD replaces AD 2021-24-04, Amendment 39-21825 (86 FR 69998,
December 9, 2021).
(c) Applicability
This AD applies to Bell Textron Canada Limited Model 505
helicopters having a serial number 65011 and subsequent,
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code: 7300, Engine fuel
and control.
(e) Unsafe Condition
This AD was prompted by the determination that the altitude
limitations for certain fuel types were not valid. The FAA is
issuing this AD to require limitations that align with the Safran
Helicopter Engines, S.A. Model ARRIUS 2R engine, which include more
stringent fuel operating envelope limitations for starting at
certain altitudes, ambient temperatures, and fuel specifications.
The unsafe condition, if not addressed, could result in low fuel
pressure, engine flame-out, or engine power interruption.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Transport Canada AD CF-2023-16, dated March 6, 2023
(Transport Canada AD CF-2023-16). The owner/operator (pilot) holding
at least a private pilot certificate may revise the existing
Rotorcraft Flight Manual for your helicopter and must enter
compliance with this AD into the aircraft records in accordance with
14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be maintained as
required by 14 CFR 91.417, 121.380, or 135.439.
(h) Exceptions to Transport Canada AD CF-2023-16
Where Transport Canada AD CF-2023-16 refers to its effective
date, this AD requires using the effective date of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (j) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#261f0b6770750b676f740b1115160b676b69656640474708414950"><span class="__cf_email__" data-cfemail="20190d6176730d6169720d1713100d616d6f63604641410e474f56">[email protected]</span></a>.
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(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(j) Related Information
For more information about this AD, contact Michael Hughlett,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (817) 222-5889; email
<a href="/cdn-cgi/l/email-protection#55183c363d3430397b1d20323d39302121153334347b323a23"><span class="__cf_email__" data-cfemail="bff2d6dcd7dedad391f7cad8d7d3dacbcbffd9dede91d8d0c9">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF-2023-16, dated March 6, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-16, contact Transport
Canada, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario, K1A 0N5, CANADA; phone 888-663-
3639; email <a href="/cdn-cgi/l/email-protection#0e5a4d204f677c79617c7a6667606b7d7d4a677c6b6d7a67786b7d234d61607d6769606b7d6a6b606f7867696f6c6762677a6b205a4d4e7a6d20696d206d6f"><span class="__cf_email__" data-cfemail="17435439567e65607865637f7e79726464537e657274637e6172643a547879647e7079726473727976617e7076757e7b7e6372394354576374397074397476">[email protected]</span></a>; internet tc.canada.ca/en/
aviation. You may find the Transport Canada material on the
Transport Canada website at tc.canada.ca/en/aviation.
(4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call (817) 222-5110.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#1b7d69357275686b7e786f7274755b757a697a357c746d"><span class="__cf_email__" data-cfemail="98feeab6f1f6ebe8fdfbecf1f7f6d8f6f9eaf9b6fff7ee">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on June 20, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14321 Filed 7-3-23; 11:15 am]
BILLING CODE 4910-13-P
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