DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1481; Project Identifier MCAI-2022-01442-R;
Amendment 39-22248; AD 2022-24-08]
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
certain Bell Textron Canada Limited Model 505 helicopters. This AD was
prompted by the discovery of a potential fouling condition between the
rotating swashplate outer ring and the non-rotating collective lever.
This AD requires inspecting the collective control system rigging and
depending on the results, rigging the collective and cyclic control
systems, as specified in a Transport Canada emergency AD, which is
incorporated by reference. This AD also requires reporting certain
information. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD becomes effective December 6, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 6,
2022.
The FAA must receive comments on this AD by January 5, 2023.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1481; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For Transport Canada material incorporated by reference
(IBR) 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
TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca;
internet tc.canada.ca/en/aviation. You may find this IBR material on
the Transport Canada website at tc.canada.ca/en/aviation.
You may view this service information at the FAA, 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 regulations.gov under Docket No. FAA-2022-1481.
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
productsupport@bellflight.com; or at bellflight.com/support/contact-support.
You may view this service information at the FAA contact
information under Material Incorporated by Reference above.
Examining the AD Docket
You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1481; 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, the Transport
Canada emergency AD, any comments received, and other information. The
street address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager,
COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222-5110; email kristin.bradley@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada Emergency AD CF-2022-62, dated November 9, 2022
(Transport Canada Emergency AD CF-2022-62), to correct an unsafe
condition for certain serial-numbered Bell Textron Canada Limited Model
505 helicopters. Transport Canada considers its emergency AD an interim
action and stated that further AD action may follow.
This AD was prompted by the discovery of a potential fouling
condition between the rotating swashplate outer ring and the non-
rotating collective lever. The FAA is issuing this AD to address
improper clearances in the collective control system installation. See
Transport Canada Emergency AD CF-2022-62 for additional background
information.
Related Service Information Under 1 CFR Part 51
Transport Canada Emergency AD CF-2022-62 requires accomplishing a
collective control system rigging check and, depending on the results,
rigging the collective control system and then the cyclic control
system.
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 also reviewed Bell Alert Service Bulletin 505-22-33, dated
November 3, 2022. This service information specifies procedures for a
one-time rigging check of the collective control system for minimum
clearances and flight control rigging.
FAA's Determination
These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with Canada, Transport Canada, its
technical representative, has notified the FAA of the unsafe condition
described in its emergency AD. The FAA is issuing this AD after
evaluating all pertinent information and determining that the unsafe
condition exists and is likely to exist or develop on other helicopters
of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in Transport
Canada Emergency AD CF-2022-62, described previously, as IBRed, except
for any differences identified as exceptions in the regulatory text of
this AD. This AD also requires reporting certain information to Bell
Product Support Engineering if any of the minimum clearance parameters
are not met as a result of the collective control system rigging
inspection (check).
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 Emergency AD CF-2022-62 is IBRed in this FAA final
rule. This AD, therefore, requires compliance with Transport Canada
Emergency AD CF-2022-62 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 Emergency AD CF-2022-62 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 Emergency AD CF-2022-62. Service information
referenced in Transport Canada Emergency AD CF-2022-62 for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2022-1481 after this final rule is published.
Interim Action
The FAA considers this AD 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 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 the affected parts are critical to maintaining controlled
flight and failure of a part could occur as a result of the unsafe
condition during any phase of flight without any previous indications.
In light of this, the initial action required by this AD must be
accomplished within 10 hours time-in-service or 30 days, whichever
occurs first. This compliance time 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 amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.
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-2022-1481; Project Identifier MCAI-
2022-01442-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
regulations.gov, 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 Kristi
Bradley, Program Manager, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email
kristin.bradley@faa.gov. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
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 notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 118 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.
Inspecting the collective control system rigging takes about 1.5
work-hours for an estimated cost of $128 per helicopter and $15,104 for
the U.S. fleet.
If required, rigging the collective and cyclic control systems
takes about 4 work-hours and tooling costs about $29,000 for an
estimated cost of $29,340 per helicopter. Reporting information takes
about 1 work-hour for an estimated cost of $85 per helicopter.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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