Airworthiness Directives; Bell Helicopter Textron, Inc. Helicopters, 16916-16918 [2020-05749]
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16916
Federal Register / Vol. 85, No. 58 / Wednesday, March 25, 2020 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
and when appropriate under this
Statutory mandate.
Some circumstances warrant taking
the time to reach out to the labormanagement relations community for
comment before issuing such a policy or
guidance. But that is not always the
case. Here, for example, seeking
comment from the labor-management
relations community will not change the
fact that Authority precedent on the use
of official time for lobbying activities
rests upon interpretations of the Statute
which can only be described as strained
and contorted and which run counter to
the plain language of an Executive
Order 2 and the Statute.3
Under these circumstances, seeking
and waiting for comment serves no
useful purpose.
The Authority and the U.S. Court of
Appeals for the District of Columbia,
have held that ‘‘official time may only
be granted to the extent that it is
consistent with all ‘applicable laws and
regulations.’ ’’ 4 The Authority has also
held that regulations issued pursuant to
statutory authority are to be accorded
the force and effect of law.5 Because
E.O. 13,837 was issued pursuant to the
President’s statutory authority to
regulate the executive branch,6 it is
accorded the force and effect of law and
affects the negotiability of proposals
covered by the Statute.
As relevant here, E.O. 13,837 states
that ‘‘[e]mployees may not engage in
lobbying activities during paid time,
except in their official capacities as an
employee,’’ 7 and it directs agencies to
deny official time for ‘‘lobbying
activities in violation of section 1913 of
title 18, United States Code.’’ 8 This
language closely parallels the plain
language of 18 U.S.C. 1913 which
prohibits the use of appropriated funds
to pay any federal employee for
lobbying activities. Specifically, section
1913 states that appropriated funds may
not be used ‘‘directly or indirectly to
pay for any [activities] . . . intended or
designed to influence in any manner a
Member of Congress . . . or an official
of any government, to favor, adopt, or
2 Exec. Order No. 13,837, Ensuring Transparency,
Accountability, and Efficiency in Taxpayer-Funded
Union Time Use, 83 FR 25,335, 25,337 (May 28,
2018) (E.O. 13,837).
3 Section 7131.
4 Assoc. of Civilian Technicians, Tony Kempenich
Mem’l Chapter 21 v. FLRA, 269 F.3d 1119, 1122 (DC
Cir.) (2001) (quoting NFFE Local 2015, 41 FLRA
1158, 1185 (1991)).
5 NFFE, Local 15, 30 FLRA 1046, 1070 (1988).
6 E.O. 13,837, 83 FR at 25,335 (citing to 5 U.S.C.
7301). 5 U.S.C. 7301 provides that ‘‘[t]he President
may prescribe regulations for the conduct of
employees in the executive branch.’’
7 E.O. 13,837, 83 FR at 25,337.
8 Id. at 25,338.
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oppose, by vote or otherwise, any
legislation, law ratification, policy, or
appropriation, whether before or after
the introduction of any bill, measure, or
resolution proposing such legislation,
law, ratification, policy, or
appropriation.’’ Therefore, in reading
E.O. 13,837 and section 1913 together,
it is clear that official time may not be
granted for any activities ‘‘intended or
designed to influence in any manner a
Member of Congress . . . to favor,
adopt, or oppose, by vote or otherwise,
any legislation, law ratification, policy,
or appropriation.’’
At first glance, it would appear that
Executive Order 13,837 rests on an
interpretation of 18 U.S.C. 1913 and that
section 1913 provides an exception for
appropriated money to be used for
lobbying if there is an ‘‘express
authorization by Congress.’’ 9 On this
point, the U.S. Department of Justice,
Office of Legal Counsel (OLC), has
issued two opinions.10 Those opinions
provide valuable perspective on the
interplay between 18 U.S.C. 1913 and
section 7102 but are flawed insofar as
they interpret our Statute. According to
OLC, Congress provided express
authorization in section 7102 for direct
(but not ‘‘grass roots’’ 11) lobbying—
‘‘present[ing] the views of the labor
organization to heads of agencies and
other officials of the executive branch of
the Government, the Congress, or other
appropriate authorities.’’ 12 However,
those conclusions were premised on
interpretations of sections 7102 and
7131 (not 18 U.S.C. 1913) and Authority
precedent that I would jettison 13 and
are thus entitled to little deference in
light of E.O. 13,837.
Under these circumstances, I disagree
that any valuable purpose is served or
insights are to be gained by seeking
written comments on this question.
I would issue a general statement of
policy that the plain language of E.O.
13,837 and 18 U.S.C. 1913 limits the
scope of section 7131(d) of the Statute,
such that, a proposal that would grant
the use of official time for lobbying
activities is nonnegotiable because it is
contrary to law. To the extent the cases
cited above support the notion that
proposals permitting the use of official
time for lobbying activities are
9 18 U.S.C. 1913; see also 2005 Memo, 29 Op.
O.L.C. at 181 (stating that 18 U.S.C. 1913 only
applies ‘‘in the absence of express authorization by
Congress’’).
10 See Application of 18 U.S.C. 1913 to ‘‘Grass
Roots’’ Lobbying, 29 Op. O.L.C. 179 (2005) (2005
Memo); Constraints Imposed by 18 U.S.C. 1913 on
Lobbying Efforts, 13 Op. O.L.C. 300 (1989).
11 2005 Memo, 29 Op. O.L.C. at 181.
12 2005 Memo at 184–85 (quoting section 7102).
13 See fn. 8.
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negotiable, I would conclude that they
are not consistent with the E.O. and are
therefore no longer good law.
[FR Doc. 2020–05992 Filed 3–24–20; 8:45 am]
BILLING CODE 6727–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0270; Product
Identifier 2019–SW–018–AD]
RIN 2120–AA64
Airworthiness Directives; Bell
Helicopter Textron, Inc. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
Bell Helicopter Textron, Inc. (Bell)
Model 205B helicopters. This proposed
AD was prompted by flight testing and
fatigue analysis results. This proposed
AD would require reducing the life limit
of certain tail rotor (T/R) blades and reidentifying them with a new part
number (P/N). The FAA is proposing
this AD to address the unsafe condition
on these products.
DATES: The FAA must receive comments
on this proposed AD by May 11, 2020.
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
https://www.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.
For service information identified in
this NPRM, contact Bell Helicopter
Textron, Inc., P.O. Box 482, Fort Worth,
TX 76101; telephone 817–280–3391; fax
817–280–6466; or at https://
www.bellcustomer.com. You may view
the referenced service information at the
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy, Room 6N–321, Fort Worth, TX
76177.
SUMMARY:
E:\FR\FM\25MRP1.SGM
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Federal Register / Vol. 85, No. 58 / Wednesday, March 25, 2020 / Proposed Rules
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0270; 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 NPRM, 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:
Kuethe Harmon, Safety Management
Program Manager, DSCO Branch,
Compliance & Airworthiness Division,
FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone 817–222–
5198; email kuethe.harmon@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2020–0270; Product
Identifier 2019–SW–018–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM because of
those comments.
The FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this NPRM.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Discussion
The FAA proposes to adopt a new AD
for Bell Model 205B helicopters with a
T/R blade P/N 212–010–750–009 or
212–010–750–105 installed. Flight
testing and fatigue analysis by Bell
indicates that these part-numbered T/R
blades sustain greater loads when
installed on Bell Model 205B
helicopters compared to their use on
other model helicopters. The proposed
actions are intended to prevent a T/R
blade remaining in service beyond its
fatigue life, resulting in failure of the T/
R blade and subsequent loss control of
the helicopter.
Related Service Information
The FAA reviewed Bell Helicopter
Textron Alert Service Bulletin No.
205B–98–27, dated June 1, 1998, for
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Jkt 250001
Model 205B helicopters. This service
information specifies reducing the life
limit of T/R blade P/N 212–010–750–
009 and 212–010–750–105 to 2,500
hours TIS and assigning these blades a
new dash number by vibro-etching a
new P/N on the T/R blade data and
annotating the historical record card.
FAA’s Determination
The FAA is proposing this AD after
evaluating all the relevant information
and determining that the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
Proposed AD Requirements
This proposed AD would require,
before further flight, reducing the life
limit of each affected T/R blade from
5,000 hours TIS to 2,500 hours TIS; reidentifying the T/R blade P/N on its data
plate by vibro-etching to change the last
three digits of the existing P/N; creating
a component history card or equivalent
record; and revising the Airworthiness
Limitations section of the maintenance
manual for your helicopter to annotate
the new P/N and revised life limit.
Finally, this proposed AD would
prohibit installing any affected T/R
blade that has not met the AD
requirements.
Costs of Compliance
The FAA estimates that this proposed
AD would affect 2 helicopters of U.S.
registry. The FAA estimates that
operators may incur the following costs
in order to comply with this AD. Labor
costs are estimated at $85 per workhour.
Determining the total hours TIS of a
T/R blade, re-identifying the P/N, and
updating the helicopter records would
take about 1 work-hour for each T/R
blade, for an estimated cost of $170 per
helicopter and $340 for the U.S fleet.
Replacing a T/R blade would take
about 8 work-hours and parts would
cost about $29,110 for an estimated cost
of $29,790 per T/R blade.
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
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16917
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
The FAA 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 above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska, and
(3) 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.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Bell Helicopter Textron, Inc.: Docket No.
FAA–2020–0270; Product Identifier 2019–
SW–018–AD.
(a) Comments Due Date
The FAA must receive comments by May
11, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bell Helicopter Textron,
Inc. Model 205B helicopters, certificated in
any category, with a tail rotor (T/R) blade
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16918
Federal Register / Vol. 85, No. 58 / Wednesday, March 25, 2020 / Proposed Rules
part number (P/N) 212–010–750–009 or 212–
010–750–105 installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code: 6410, Tail Rotor Blades.
(e) Unsafe Condition
This AD was prompted by flight testing
and fatigue analysis that indicates that these
part-numbered T/R blades sustain greater
loads when used on Bell Model 205B
helicopters compared to their use on other
model helicopters. The FAA is issuing this
AD to prevent a T/R blade from remaining in
service beyond its fatigue life, resulting in
failure of the T/R blade and subsequent loss
control of the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Before further flight, determine the total
hours time-in-service (TIS) of each T/R blade
and remove from service each T/R blade that
has accumulated 2,500 or more hours TIS.
For each T/R blade that has accumulated less
than 2,500 hours TIS, do the following:
(i) Re-identify the P/N on the T/R blade
data plate by vibro-etching to change the last
three digits of the existing P/N as follows:
(A) For T/R blade P/N 212–010–750–009,
re-identify the P/N as 212–010–750–111.
(B) For T/R blade P/N 212–010–750–105,
re-identify the P/N as 212–010–750–109.
(ii) Create a component history card or
equivalent record to reflect the change in P/
N for each T/R blade, and establish a life
limit of 2,500 hours TIS.
(iii) Revise the Airworthiness Limitations
Section of the maintenance manual or the
Instructions for Continued Airworthiness for
your helicopter to establish a life limit of
2,500 hours TIS for each T/R blade P/N 212–
010–750–111 and 212–010–750–109.
(2) Thereafter, except as provided in
paragraph (i) of this AD, no alternative life
limits may be approved for T/R blade P/N
212–010–750–009 or 212–010–750–105.
(3) After the effective date of this AD, do
not install a T/R blade P/N 212–010–750–009
or 212–010–750–105 on any Model 205B
helicopter unless the part number has been
changed and the life limit reduced in
accordance with this AD.
khammond on DSKJM1Z7X2PROD with PROPOSALS
(h) Special Flight Permit
Special flight permits are prohibited.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, DSCO 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 certification office,
send it to the attention of the person
identified in paragraph (j)(1) of this AD.
Information may be emailed to: 9-ASW-190COS@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
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15:57 Mar 24, 2020
Jkt 250001
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
Issued on March 13, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
Transportation, Docket Operations, M–
30, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12–140,
Washington, DC 20590–0001; telephone:
(202) 366–9826. You must identify FAA
Docket No. FAA–2019–0111; Airspace
Docket No. 19–ASO–23, at the
beginning of your comments. You may
also submit comments through the
internet at https://www.regulations.gov.
Comments on environmental and land
use aspects to should be directed to:
Carmen Lombardo, Natural Resource
Manager, MCAS Cherry Point, NC
28533; telephone: (252) 466–5870;
email: carmen.lombardo@usmc.mil.
FOR FURTHER INFORMATION CONTACT:
Sean Hook, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2020–05749 Filed 3–24–20; 8:45 am]
Authority for This Rulemaking
BILLING CODE 4910–13–P
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of the airspace necessary
to ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it would establish restricted area
airspace at Cherry Point, NC, to enhance
aviation safety and accommodate
essential U.S. Marine Corps training
activities.
(j) Related Information
(1) For more information about this AD,
contact Kuethe Harmon, Safety Management
Program Manager, DSCO Branch, Compliance
& Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone 817–222–5198; email
kuethe.harmon@faa.gov.
(2) For service information identified in
this AD, contact Bell Helicopter Textron,
Inc., P.O. Box 482, Fort Worth, TX 76101;
telephone 817–280–3391; fax 817–280–6466;
or at https://www.bellcustomer.com. You
may view service information at the FAA,
Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy, Room 6N–
321, Fort Worth, TX 76177.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2019–0111; Airspace
Docket No. 19–ASO–23]
RIN 2120–AA66
Proposed Establishment of Restricted
Area R–5306F; Cherry Point, NC
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
establish restricted area R–5306F at
Marine Corps Air Station (MCAS)
Cherry Point, NC. R–5306F would
extend from flight level (FL) 180 to FL
290. The proposed restricted area would
overlie the existing restricted area R–
5306A, and the adjacent Core Military
Operations Area (MOA). Due to altitude
constraints, the existing restricted
airspace structure around MCAS Cherry
Point cannot fully support the training
requirements for current legacy aircraft
as well as 4th and 5th generation aircraft
such as the F–35. In conjunction with
R–5306A, the proposed restricted area
would provide realistic training to
enable pilots and aircrews to counter
evolving threat nation warfare antiaircraft capabilities.
DATES: Comments must be received on
or before May 11, 2020.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
SUMMARY:
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Sfmt 4702
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers (FAA Docket No. FAA–
2019–0111; Airspace Docket No. 19–
ASO–23) and be submitted in triplicate
to the Docket Management System (see
ADDRESSES section for address and
E:\FR\FM\25MRP1.SGM
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Agencies
[Federal Register Volume 85, Number 58 (Wednesday, March 25, 2020)]
[Proposed Rules]
[Pages 16916-16918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05749]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0270; Product Identifier 2019-SW-018-AD]
RIN 2120-AA64
Airworthiness Directives; Bell Helicopter Textron, Inc.
Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for Bell Helicopter Textron, Inc. (Bell) Model 205B helicopters. This
proposed AD was prompted by flight testing and fatigue analysis
results. This proposed AD would require reducing the life limit of
certain tail rotor (T/R) blades and re-identifying them with a new part
number (P/N). The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 11,
2020.
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 https://www.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.
For service information identified in this NPRM, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; telephone
817-280-3391; fax 817-280-6466; or at https://www.bellcustomer.com. You
may view the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321,
Fort Worth, TX 76177.
[[Page 16917]]
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0270; 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 NPRM, 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: Kuethe Harmon, Safety Management
Program Manager, DSCO Branch, Compliance & Airworthiness Division, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5198;
email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0270;
Product Identifier 2019-SW-018-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
The FAA proposes to adopt a new AD for Bell Model 205B helicopters
with a T/R blade P/N 212-010-750-009 or 212-010-750-105 installed.
Flight testing and fatigue analysis by Bell indicates that these part-
numbered T/R blades sustain greater loads when installed on Bell Model
205B helicopters compared to their use on other model helicopters. The
proposed actions are intended to prevent a T/R blade remaining in
service beyond its fatigue life, resulting in failure of the T/R blade
and subsequent loss control of the helicopter.
Related Service Information
The FAA reviewed Bell Helicopter Textron Alert Service Bulletin No.
205B-98-27, dated June 1, 1998, for Model 205B helicopters. This
service information specifies reducing the life limit of T/R blade P/N
212-010-750-009 and 212-010-750-105 to 2,500 hours TIS and assigning
these blades a new dash number by vibro-etching a new P/N on the T/R
blade data and annotating the historical record card.
FAA's Determination
The FAA is proposing this AD after evaluating all the relevant
information and determining that the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
Proposed AD Requirements
This proposed AD would require, before further flight, reducing the
life limit of each affected T/R blade from 5,000 hours TIS to 2,500
hours TIS; re-identifying the T/R blade P/N on its data plate by vibro-
etching to change the last three digits of the existing P/N; creating a
component history card or equivalent record; and revising the
Airworthiness Limitations section of the maintenance manual for your
helicopter to annotate the new P/N and revised life limit. Finally,
this proposed AD would prohibit installing any affected T/R blade that
has not met the AD requirements.
Costs of Compliance
The FAA estimates that this proposed AD would affect 2 helicopters
of U.S. registry. The FAA estimates that operators may incur the
following costs in order to comply with this AD. Labor costs are
estimated at $85 per work-hour.
Determining the total hours TIS of a T/R blade, re-identifying the
P/N, and updating the helicopter records would take about 1 work-hour
for each T/R blade, for an estimated cost of $170 per helicopter and
$340 for the U.S fleet.
Replacing a T/R blade would take about 8 work-hours and parts would
cost about $29,110 for an estimated cost of $29,790 per T/R blade.
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
The FAA 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 above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska, and
(3) 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.
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 adding the following new airworthiness
directive (AD):
Bell Helicopter Textron, Inc.: Docket No. FAA-2020-0270; Product
Identifier 2019-SW-018-AD.
(a) Comments Due Date
The FAA must receive comments by May 11, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bell Helicopter Textron, Inc. Model 205B
helicopters, certificated in any category, with a tail rotor (T/R)
blade
[[Page 16918]]
part number (P/N) 212-010-750-009 or 212-010-750-105 installed.
(d) Subject
Joint Aircraft System Component (JASC) Code: 6410, Tail Rotor
Blades.
(e) Unsafe Condition
This AD was prompted by flight testing and fatigue analysis that
indicates that these part-numbered T/R blades sustain greater loads
when used on Bell Model 205B helicopters compared to their use on
other model helicopters. The FAA is issuing this AD to prevent a T/R
blade from remaining in service beyond its fatigue life, resulting
in failure of the T/R blade and subsequent loss control of the
helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Before further flight, determine the total hours time-in-
service (TIS) of each T/R blade and remove from service each T/R
blade that has accumulated 2,500 or more hours TIS. For each T/R
blade that has accumulated less than 2,500 hours TIS, do the
following:
(i) Re-identify the P/N on the T/R blade data plate by vibro-
etching to change the last three digits of the existing P/N as
follows:
(A) For T/R blade P/N 212-010-750-009, re-identify the P/N as
212-010-750-111.
(B) For T/R blade P/N 212-010-750-105, re-identify the P/N as
212-010-750-109.
(ii) Create a component history card or equivalent record to
reflect the change in P/N for each T/R blade, and establish a life
limit of 2,500 hours TIS.
(iii) Revise the Airworthiness Limitations Section of the
maintenance manual or the Instructions for Continued Airworthiness
for your helicopter to establish a life limit of 2,500 hours TIS for
each T/R blade P/N 212-010-750-111 and 212-010-750-109.
(2) Thereafter, except as provided in paragraph (i) of this AD,
no alternative life limits may be approved for T/R blade P/N 212-
010-750-009 or 212-010-750-105.
(3) After the effective date of this AD, do not install a T/R
blade P/N 212-010-750-009 or 212-010-750-105 on any Model 205B
helicopter unless the part number has been changed and the life
limit reduced in accordance with this AD.
(h) Special Flight Permit
Special flight permits are prohibited.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, DSCO 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
certification office, send it to the attention of the person
identified in paragraph (j)(1) of this AD. Information may be
emailed to: [email protected].
(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
(1) For more information about this AD, contact Kuethe Harmon,
Safety Management Program Manager, DSCO Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone 817-222-5198; email [email protected].
(2) For service information identified in this AD, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101;
telephone 817-280-3391; fax 817-280-6466; or at https://www.bellcustomer.com. You may view service information at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy, Room 6N-321, Fort Worth, TX 76177.
Issued on March 13, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-05749 Filed 3-24-20; 8:45 am]
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