Rule2024-04172
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
February 28, 2024
Effective
March 14, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for Bell Textron Canada Limited Model 505 helicopters. This AD was prompted by reports of cracked vertical stabilizer top end cap assemblies. This AD requires an initial and recurring inspections of the vertical stabilizer top end cap assembly and corrective action if a crack is found, as specified in a Transport Canada AD, which is incorporated by reference. The FAA previously sent this AD as an emergency AD to all known U.S. owners and operators of these helicopters. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 40 (Wednesday, February 28, 2024)</title>
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[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Rules and Regulations]
[Pages 14576-14579]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04172]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0226; Project Identifier MCAI-2024-00069-R;
Amendment 39-22674; AD 2024-02-55]
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 adopting a new airworthiness directive (AD) for
Bell Textron Canada Limited Model 505 helicopters. This AD was prompted
by reports of cracked vertical stabilizer top end cap assemblies. This
AD requires an initial and recurring inspections of the vertical
stabilizer top end cap assembly and corrective action if a crack is
found, as specified in a Transport Canada AD, which is incorporated by
reference. The FAA previously sent this AD as an emergency AD to all
known U.S. owners and operators of these helicopters. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective March 14, 2024. Emergency AD 2024-02-55,
issued on January 26, 2024, which contained the requirements of this
amendment, was effective with actual notice.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 14,
2024.
The FAA must receive comments on this AD by April 15, 2024.
[[Page 14577]]
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-2024-0226; 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 identified in this final
rule, contact Transport Canada, Transport Canada National Aircraft
Certification, 159 Cleopatra Drive, Nepean, Ontario, K1A 0N5, CANADA;
telephone 888-663-3639; email <a href="/cdn-cgi/l/email-protection#85d1c6abc4ecf7f2eaf7f1edecebe0f6f6c1ecf7e0e6f1ecf3e0f6a8c6eaebf6ece2ebe0f6e1e0ebe4f3ece2e4e7ece9ecf1e0abd1c6c5f1e6abe2e6abe6e4"><span class="__cf_email__" data-cfemail="a9fdea87e8c0dbdec6dbddc1c0c7ccdadaedc0dbcccaddc0dfccda84eac6c7dac0cec7ccdacdccc7c8dfc0cec8cbc0c5c0ddcc87fdeae9ddca87ceca87cac8">[email protected]</span></a>; internet tc.canada.ca/en/aviation.
You may find the Transport Canada material on the Transport Canada
website at <a href="http://wwwapps.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/ad_qs1.aspx">wwwapps.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/ad_qs1.aspx</a>.
<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-2024-0226.
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; telephone 1-
450-437-2862 or 1-800-363-8023; fax 1-450-433-0272; email
<a href="/cdn-cgi/l/email-protection#1b6b69747f6e786f686e6b6b74696f5b797e77777d77727c736f35787476"><span class="__cf_email__" data-cfemail="fb8b89949f8e988f888e8b8b94898fbb999e97979d97929c938fd5989496">[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: Dan McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (404)
474-5548; email <a href="/cdn-cgi/l/email-protection#3e49575252575f5310535d5d4b5252477e585f5f10595148"><span class="__cf_email__" data-cfemail="8bfce2e7e7e2eae6a5e6e8e8fee7e7f2cbedeaeaa5ece4fd">[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-2024-0226; Project Identifier MCAI-
2024-00069-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, 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 Dan
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (404) 474-5548; email
<a href="/cdn-cgi/l/email-protection#43342a2f2f2a222e6d2e2020362f2f3a032522226d242c35"><span class="__cf_email__" data-cfemail="6e19070202070f0340030d0d1b0202172e080f0f40090118">[email protected]</span></a>. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued Emergency AD 2024-02-55, dated January 26, 2024 (the
emergency AD), to address an unsafe condition on Bell Textron Canada
Limited Model 505 helicopters. The FAA sent the emergency AD to all
known U.S. owners and operators of these helicopters. The emergency AD
requires, within 10 hours time-in-service (TIS) and thereafter at
intervals not to exceed 25 hours TIS, a detailed visual inspection for
a cracked vertical stabilizer top end assembly and replacing a cracked
vertical stabilizer top end assembly before further flight.
The emergency AD was prompted by Transport Canada Emergency AD CF-
2024-03, dated January 25, 2024 (Transport Canada AD CF-2024-03),
issued by Transport Canada, which is the aviation authority for Canada,
to correct an unsafe condition on Bell Textron Canada Limited Model 505
helicopters, serial numbers 65011 and subsequent. Transport Canada AD
CF-2024-03 states that there have been multiple occurrences of the
vertical stabilizer top end cap assembly being found cracked, with some
cases including the departure of the navigation/very high frequency
omni-directional range (VOR)/glide slope antenna and tuning weight from
the helicopter during flight. Detailed investigation has identified
that the stabilizer top end cap assembly was not designed for the full
fatigue spectrum. Transport Canada AD CF-2024-03 further states that an
investigation determined that if no corrective actions are implemented,
there is the potential for the antenna and tuning weight to depart,
which could impact and damage the tail rotor, resulting in the loss of
directional control of the helicopter. Accordingly, Transport Canada AD
CF-2024-03 mandates an initial and recurring inspections of the
vertical stabilizer top end cap assembly, and corrective action if a
crack is found. Transport Canada AD CF-2024-03 states that the
corrective actions are interim actions until a permanent solution can
be made available for the fleet.
You may examine Transport Canada AD CF-2024-03 in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0226.
The FAA is issuing this AD to address cracking in the vertical
stabilizer top end cap assembly. This condition, if not addressed,
could result in the antenna or tuning weight departing from the
helicopter and impacting and damaging the tail rotor, resulting in the
loss of directional control of the helicopter.
Related Service Information Under 1 CFR Part 51
Transport Canada AD CF-2024-03 requires, within 10 hours air time,
accomplishing a one-time detailed visual inspection of the vertical
stabilizer top end cap assembly for cracking and accomplishing
corrective action if cracking is found. Thereafter at
[[Page 14578]]
intervals not greater than 25 hours air time following the
accomplishment of the 10-hour air time inspection or the corrective
action, Transport Canada AD CF-2024-03 requires performing recurring
detailed visual inspections of the vertical stabilizer top end cap
assembly for cracking.
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 the ADDRESSES section.
Other Related Service Information
The FAA reviewed Bell Alert Service Bulletin 505-24-38, dated
January 24, 2024, which specifies procedures for performing a one-time
detailed inspection of the top end cap assembly for cracking, provides
instructions for replacing a cracked top end cap assembly, and provides
instructions for a performing a recurring detailed inspection of the
top end cap assembly.
FAA's Determination
These helicopters 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
its emergency AD referenced 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 the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in Transport
Canada AD CF-2024-03, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
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-2024-03 is incorporated by reference in this FAA
AD. This AD, therefore, requires compliance with Transport Canada AD
CF-2024-03 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 Transport Canada AD CF-2024-03 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the sections
titled ``Compliance'' and ``Corrective Actions'' in Transport Canada AD
CF-2024-03. Service information referenced in Transport Canada AD CF-
2024-03 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0226 after this final rule is published.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
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 required the immediate adoption of
Emergency AD 2024-02-55, issued on January 26, 2024, to all known U.S.
owners and operators of these helicopters. The FAA found that the risk
to the flying public justified waiving notice and comment prior to
adoption of this rule because cracking of the vertical stabilizer top
end cap assembly could result in loss of the antenna and tuning weight
during flight and damage to the tail rotor, which is critical for
directional control of the helicopter. As the FAA also has no
information pertaining to the quantity of cracked vertical stabilizer
top end cap assemblies that may currently exist in the U.S. fleet or
how quickly the condition may propagate to failure, the inspections
required by this AD must be accomplished within 10 hours TIS followed
by repetitive actions at intervals not to exceed 25 hours TIS, with
corrective action required before further flight. These conditions
still exist, therefore, 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 amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.
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.
The initial vertical stabilizer top end assembly inspection takes
approximately 2 work-hours with no parts cost for the inspection, for
an initial cost of $170 per helicopter and $23,970 for the U.S. fleet.
The recurring vertical stabilizer top end assembly inspections take
approximately 3 work-hours with no parts cost for the inspections.
Based on these figures, the cost for each inspection is estimated at
$255 per helicopter and $35,955 for the U.S. fleet, per inspection
cycle.
If required, replacing a vertical stabilizer top end assembly will
take approximately 1 work-hour with parts cost of approximately $125
for a vertical stabilizer top end assembly. Based on these figures, the
cost to replace the vertical stabilizer top end assembly is estimated
at $210.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.
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
[[Page 14579]]
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 adding the following new airworthiness
directive:
2024-02-55 Bell Textron Canada Limited: Amendment 39-22674; Docket
No. FAA-2024-0226; Project Identifier MCAI-2024-00069-R.
(a) Effective Date
The FAA issued Emergency Airworthiness Directive (AD) 2024-02-55
on January 26, 2024, directly to affected owners and operators. As a
result of such actual notice, that emergency AD was effective for
those owners and operators on the date it was provided. This AD
contains the same requirements as that emergency AD and, for those
who did not receive actual notice, is effective on March 14, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bell Textron Canada Limited Model 505
helicopters, certificated in any category, as identified in
Transport Canada Emergency AD CF-2024-03, dated January 25, 2024
(Transport Canada AD CF-2024-03).
(d) Subject
Joint Aircraft System Component (JASC) Code: 5532 Vertical
stabilizer, plates/skin.
(e) Unsafe Condition
This AD was prompted by multiple occurrences of the vertical
stabilizer top end cap assembly being found cracked, with some cases
including the departure of the navigation/very high frequency omni-
directional range (VOR)/glide slope antenna and tuning weight from
the helicopter during flight. The FAA is issuing this AD to detect
cracking on the vertical stabilizer top end cap assembly. The unsafe
condition, if not addressed, could result in the antenna or tuning
weight departing from the helicopter and impacting and damaging the
tail rotor, resulting in the loss of directional control of the
helicopter.
(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-2024-03.
(h) Exceptions to Transport Canada AD CF-2024-03
(1) Where Transport Canada AD CF-2024-03 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where Transport Canada AD CF-2024-03 refers to ``air time,''
this AD requires replacing those words with ``hours time-in-
service.''
(i) Special Flight Permits
Special flight permits are prohibited.
(j) 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 (k) of
this AD or email to: <a href="/cdn-cgi/l/email-protection#172e3a5641443a565e453a2024273a565a58545771767639707861"><span class="__cf_email__" data-cfemail="fdc4d0bcabaed0bcb4afd0cacecdd0bcb0b2bebd9b9c9cd39a928b">[email protected]</span></a>. If mailing
information, also submit information by email.
(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.
(k) Related Information
For more information about this AD, contact Dan McCully,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (404) 474-5548; email
<a href="/cdn-cgi/l/email-protection#9deaf4f1f1f4fcf0b3f0fefee8f1f1e4ddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="8bfce2e7e7e2eae6a5e6e8e8fee7e7f2cbedeaeaa5ece4fd">[email protected]</span></a>.
(l) 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 Emergency AD CF-2024-03, dated January 25,
2024.
(ii) [Reserved]
(3) For Transport Canada Emergency AD CF-2024-03, contact
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#5b0f18751a32292c34292f3332353e28281f32293e382f322d3e287618343528323c353e283f3e353a2d323c3a393237322f3e750f181b2f38753c3875383a"><span class="__cf_email__" data-cfemail="eebaadc0af879c99819c9a8687808b9d9daa879c8b8d9a87988b9dc3ad81809d8789808b9d8a8b808f9887898f8c8782879a8bc0baadae9a8dc0898dc08d8f">[email protected]</span></a>;
internet tc.canada.ca/en/aviation. You may find the Transport Canada
material on the Transport Canada website at <a href="http://wwwapps.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/ad_qs1.aspx">wwwapps.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/ad_qs1.aspx</a>.
(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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="/cdn-cgi/l/email-protection#5a663b7a32283f3c67" http: www.archives.gov federal-register cfr ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="8be2e9f9a6e7e4e8eaffe2e4e5f8e4f9eee6eae2e7edf9a5e2e5f8fbeee8ffe2e4e5cbe5eaf9eaa5ece4fd">[email protected]</span></a>"><a href="http://www.archives.gov/federal-register/cfr/ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="a0c9c2d28dcccfc3c1d4c9cfced3cfd2c5cdc1c9ccc6d28ec9ced3d0c5c3d4c9cfcee0cec1d2c18ec7cfd6">[email protected]</span></a></a>.
Issued on February 23, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2024-04172 Filed 2-26-24; 11:15 am]
BILLING CODE 4910-13-P
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