DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2319; Project Identifier AD-2024-00498-R;
Amendment 39-22859; AD 2024-19-17]
RIN 2120-AA64
Airworthiness Directives; Bell Textron Inc. and Various
Restricted Category 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 Inc. Model 204B, 205A, 205A-1, 205B, 210, and 212
helicopters and various restricted category helicopters with certain
part-numbered tension torsion (TT) straps installed by supplemental
type certificate (STC) No. SR03408CH. This AD was prompted by an
accident involving failure of a TT strap. This AD requires removing the
specified part-numbered TT straps from service and prohibits installing
those TT straps. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective October 11, 2024.
The FAA must receive comments on this AD by November 12, 2024.
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-2024-2319; 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 street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Brian Hanley, Aviation Safety
Engineer, FAA, 1801 S Airport Road, Wichita, KS 67209; phone: (847)
294-8140; email: Brian.Hanley@faa.gov.
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
the ADDRESSES section. Include "Docket No. FAA-2024-2319; Project
Identifier AD-2024-00498-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 Brian
Hanley, Aviation Safety Engineer, FAA, 1801 S Airport Road, Wichita, KS
67209; phone: (847) 294-8140; email: Brian.Hanley@faa.gov. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
This AD was prompted by an accident involving a Bell Textron Inc.
Model 212 helicopter, which experienced a separation of a main rotor
blade from the main rotor head and subsequent impact into terrain
shortly after takeoff. Initial investigation determined the TT strap
failed at 664 total hours time-in-service (TIS). Investigations into
individual wire failure mechanisms are ongoing with early indications
suggesting some wires possibly failed in tensile overload and others in
fatigue. Bell Textron Inc. Model 204B, 205A, 205A-1, 205B, and 210
helicopters and various restricted category helicopters are also
affected by this unsafe condition since the affected TT straps may also
be installed on these model helicopters.
This condition, if not addressed, could result in loss of a main
rotor blade and subsequent loss of control of the helicopter. The FAA
is issuing this AD to address the unsafe condition on these products.
FAA's Determination
The FAA is issuing this AD because the agency determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type designs.
AD Requirements
This AD requires removing TT straps part numbers AA-204-310-101-
101, AA-204-310-101-101C, AA-204-310-101-103, and AA-204-310-101-103C
installed by STC No. SR03408CH from service and prohibits installing
those TT straps on any helicopter.
Interim Action
The FAA considers this AD to be 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) 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 forgoing notice and comment prior to adoption of this rule
because an affected TT strap was involved in an accident in which the
TT strap failed, resulting in the main rotor blade detaching from the
main rotor head. Failure of an affected TT strap could occur at any
time without any previous indications and result in a sudden and
catastrophic condition. Thus, an urgent unsafe condition exists and the
required actions must be done within 50 hours TIS, a time period of up
to two months based on the average flight-hour utilization rates of
these helicopters. However, a significant portion of these helicopters
in the U.S. fleet are high usage helicopters, which have an increased
likelihood of occurrence of a failure and will reach the compliance
time within a period of approximately one week based on the average
flight-hour utilization rates of these helicopters. Accordingly, notice
and opportunity for prior public comment are impracticable and contrary
to the public interest pursuant to 5 U.S.C. 553(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 forgo 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 120 helicopters of U.S.
registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates that operators may incur the following
costs in order to comply with this AD.
Replacing the TT straps (two TT straps per helicopter) will take 10
work-hours and parts will cost $18,000 for an estimated cost of $18,850
per helicopter and $2,262,000 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 above, 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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