Airworthiness Directives; Various Restricted Category Helicopters, 40779-40782 [2021-16222]

Download as PDF Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations Authority: 15 U.S.C. 634(b)(6), (b)(7), (b)(14), (h), and note, 636(a), (h), and (m), 636m, 650, 687(f), 696(3), 697, 697a, and 697e; Public Law 111–5, 123 Stat. 115; Public Law 111–240, 124 Stat. 2504; Public Law 116–260, 134 Stat. 1182. 2. Amend § 120.882 as follows: a. Remove the number ‘‘50’’ in paragraph (e) introductory text and add the number ‘‘100’’ in its place. ■ b. Revise paragraphs (g)(3) and (11); ■ c. Redesignate paragraph (g)(15) as paragraph (g)(16); ■ d. Add a new paragraph (g)(15); ■ e. In the newly redesignated paragraph (g)(16): ■ i. Remove the paragraph heading; ■ ii. In the definition for the term Qualified debt: ■ A. Redesignate paragraphs (i) through (vii) as paragraphs (A) through (G); ■ B. Revise newly redesignated paragraph (A); ■ C. Remove newly redesignated paragraphs (B) and (G) and further redesignate paragraphs (C) through (F) as paragraphs (B) through (E); ■ D. In newly redesignated paragraph (B), remove ‘‘(iii)’’, ‘‘13 CFR 120.131 and 13 CFR 120.870(b)’’, and ‘‘13 CFR 120.131(b)’’ and add in their places ‘‘(B)’’, ‘‘§§ 120.131 and 120.870(b)’’, and ‘‘§ 120.131(b)’’, respectively; ■ E. Add the word ‘‘and’’ at the end of newly redesignated paragraph (D); and ■ F. Revise newly redesignated paragraph (E); and ■ iii. Revise the definition for the term Same institution debt. The revisions and addition read as follows: ■ ■ § 120.882 loans. Eligible Project costs for 504 jbell on DSKJLSW7X2PROD with RULES * * * * * (g) * * * (3) A loan that is subject to a guarantee by a Federal agency or department may be refinanced under the following conditions and requirements: (i) An existing 504 loan may be refinanced if both the Third Party Loan and the 504 Loan are being refinanced or the Third Party Loan has been paid in full. (ii) An existing 7(a) loan may be refinanced if the CDC verifies in writing that the present lender is either unwilling or unable to modify the current payment schedule. In the case of same institution debt, if the Third Party Lender or the CDC affiliate as authorized under § 120.820 is the 7(a) lender, the loan will be eligible for 504 refinancing only if the lender is unable to modify the terms of the existing loan because a secondary market investor will not agree to modified terms. VerDate Sep<11>2014 16:17 Jul 28, 2021 Jkt 253001 (iii) The refinancing will provide a substantial benefit to the borrower. For purposes of this paragraph (g)(3)(iii), ‘‘substantial benefit’’ means that the portion of the new installment amount attributable to the debt being refinanced must be at least 10 percent less than the existing installment amount(s). Prepayment penalties, financing fees, and other financing costs must be added to the amount being refinanced in calculating the percentage reduction in the new installment payment, but the portion of the new installment amount attributable to Eligible Business Expenses (as described in paragraph (g)(6)(ii) of this section) is not included in this calculation. Exceptions to the 10 percent reduction requirement may be approved by the Director, Office of Financial Assistance (D/FA) or designee for good cause. PCLP CDCs may not use their delegated authority to approve a loan requiring the exception in this paragraph (g)(3)(iii). * * * * * (11) PCLP CDCs may not approve the refinancing of same institution debt under their delegated authority and must submit the application to SBA for approval. * * * * * (15) Notwithstanding § 120.860, a debt may be refinanced under this paragraph (g) if it does not meet the job creation or other economic development objectives set forth in § 120.861 or § 120.862. In such case, the 504 loan may not exceed the product obtained by multiplying the number of employees of the Borrower by $75,000. The number of employees of the Borrower is equal to the sum of: (i) The number of full-time employees of the Borrower on the date of the application; and (ii) The product obtained by multiplying: (A) The number of part-time employees of the Borrower on the date of the application; by (B) The quotient obtained by dividing the average number of hours each parttime employee of the Borrower works each week by 40. Example to paragraph (g)(15): 30 fulltime employees and 35 part-time employees working 20 hours per week is calculated as follows: 30 + (35 × (20/ 40)) = 47.5. The maximum amount of the 504 loan would be 47.5 multiplied by $75,000, or $3,562,500. (16) * * * Qualified debt * * * (A) That was incurred not less than 6 months before the date of the application for refinancing available under this paragraph (g). * * * * * PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 40779 (E) That is not a Third Party Loan that is part of an existing 504 Project, except as allowed under paragraph (g)(3) of this section. * * * * * Same institution debt means any debt of the CDC or the Third Party Lender, or an affiliate of either, that is providing funds for the refinancing. Isabella Casillas Guzman, Administrator. [FR Doc. 2021–15975 Filed 7–28–21; 8:45 am] BILLING CODE 8026–03–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0605; Project Identifier AD–2021–00805–R; Amendment 39–21664; AD 2021–15–52] RIN 2120–AA64 Airworthiness Directives; Various Restricted Category Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for various restricted category helicopters originally manufactured by Bell Textron Inc. This AD was prompted by a fatal accident in which an outboard main rotor hub strap pin (pin) sheared off during flight, resulting in the main rotor blade and the main rotor head detaching from the helicopter. This AD requires removing certain pins from service and prohibits installing those pins on any helicopter. The FAA previously sent an emergency AD to all known U.S. owners and operators of these restricted category helicopters and is now issuing this AD to address the unsafe condition on these products. DATES: This AD is effective August 13, 2021. Emergency 2021–15–52, issued on July 8, 2021, which contained the requirements of this amendment, was effective with actual notice. The FAA must receive comments on this AD by September 13, 2021. 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, SUMMARY: E:\FR\FM\29JYR1.SGM 29JYR1 40780 Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations 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 final rule, contact Bell Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, United States; telephone 1–450–437– 2862 or 1–800–363–8023; fax 1–450– 433–0272; email productsupport@ bellflight.com; or at https:// www.bellflight.com/support/contactsupport. 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. jbell on DSKJLSW7X2PROD with RULES Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0605; 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 AD, any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: David Wilson, Aerospace Engineer, DSCO Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5786; email david.wilson@faa.gov. SUPPLEMENTARY INFORMATION: Background On July 6, 2021, the FAA issued Emergency AD 2021–15–51 (Emergency AD 2021–15–51) for Bell Textron Inc. Model 204B, 205A, 205A–1, 205B, and 212 helicopters. That action was prompted by a Bell Textron Inc., Model 212 helicopter fatal accident in which a pin part number (P/N) 204–012–104– 005 with a serial number (S/N) prefix ‘‘FNFS’’ sheared off during flight, resulting in the main rotor blade and the main rotor head detaching from the helicopter. The pin had accumulated only 20 total hours time-in-service (TIS). An inspection of a different Model 212 helicopter revealed that another pin installed, and made by the same manufacturer with the same S/N prefix, was deformed; this pin had accumulated only 29 total hours TIS. Failure of the pin could result in the main rotor blade detaching from the helicopter and subsequent loss of control of the helicopter. VerDate Sep<11>2014 16:17 Jul 28, 2021 Jkt 253001 Transport Canada, which is the aviation authority for Canada, has issued Canadian Emergency AD CF– 2021–23, dated July 5, 2021 (Transport Canada Emergency AD CF–2021–23), to correct an unsafe condition for Bell Helicopter Textron Inc., Model 204B helicopters, S/Ns 2001 through 2070 and 2196 through 2199; Model 205A–1 helicopters, S/Ns 30001 through 30065, 30067 through 30165, 30167 through 30187, 30189 through 30296, and 30298 through 30332; Model 205B helicopters, S/Ns 30066, 30166, 30188, and 30297; and Model 212 helicopters, S/Ns 30501 through 30999, 31101 through 31311, 32101 through 32142, and 35001 through 35103. Transport Canada advises that during an investigation of a Bell Textron Inc., Model 212 fatal accident in Canada, it was discovered that a pin P/N 204–012–104–005 with an S/N prefix ‘‘FNFS’’, sheared off during flight, leading to detachment of the main rotor blade and the main rotor head. The pin had accumulated only 20 hours of service, and inspection of another Canadian Bell Textron Inc., Model 212 helicopter found a pin of the same P/N, made by the same manufacturer, with the same S/N prefix ‘‘FNFS’’, to be deformed after only approximately 29 hours in service. According to Transport Canada, failure of a pin will result in detachment of the main rotor blade and loss of control of the helicopter. Transport Canada also advises that, although the defective pins were only reported on Bell Textron Inc., Model 212 helicopters, pins of the same P/N can also be installed on Bell Textron Inc., Model 204B, 205A–1, and 205B helicopters. While the cause of failure has not been determined, as a precautionary measure and to address the risk of detachment of affected pins in flight, Bell has issued alert service bulletins that specify replacing pins P/N 204–012–104–005 that have S/N prefix ‘‘FNFS’’. Accordingly, Transport Canada Emergency AD CF–2021–23 requires replacement of affected pins. Transport Canada considers its emergency AD an interim action and states that further AD action may follow. After Emergency AD 2021–15–51 was issued, the FAA determined that pin P/N 204–012–104–005 with S/N prefix ‘‘FNFS’’ could also be installed on restricted category helicopters originally manufactured by Bell Textron Inc. These helicopters include, but are not limited to, the following: • Rotorcraft Development Corporation Model HH–1K helicopters; • Robinson Air Crane Inc.; Rotorcraft Development Corporation; and PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Tamarack Helicopters, Inc., Model TH–1F helicopters; • Bell Textron Inc.; Overseas Aircraft Support, Inc. (type certificate previously held by JTBAM, Inc.); and Rotorcraft Development Corporation Model TH–1L helicopters; • Richards Heavylift Helo, Inc., Model UH–1A helicopters; • International Helicopters, Inc.; Overseas Aircraft Support, Inc.; Red Tail Flying Services, LLC; Richards Heavylift Helo, Inc.; Rotorcraft Development Corporation; Southwest Florida Aviation International, Inc. (helicopters with an SW204 or SW204HP designation are Southwest Florida Aviation International, Inc., Model UH–1B helicopters); and WSH, LLC (type certificate previously held by San Joaquin Helicopters), Model UH–1B helicopters; • Bell Textron Inc.; Overseas Aircraft Support, Inc.; Rotorcraft Development Corporation; Smith Helicopters; and West Coast Fabrications Model UH–1E helicopters; • AST, Inc.; California Department of Forestry; Robinson Air Crane, Inc.; Rotorcraft Development Corporation; and Tamarack Helicopters, Inc., Model UH–1F helicopters; • Arrow Falcon Exporters Inc.; Global Helicopter Technology, Inc.; Hagglund Helicopters, LLC; JJASPP Engineering Services, LLC; Northwest Rotorcraft, LLC; Overseas Aircraft Support, Inc.; Richards Heavylift Helo, Inc.; Rotorcraft Development Corporation; Southwest Florida Aviation International, Inc. (helicopters with an SW205 designation are Southwest Florida Aviation International, Inc., Model UH–1H helicopters); and Tamarack Helicopters, Inc., Model UH–1H helicopters; • Bell Textron Inc.; Overseas Aircraft Support, Inc.; and Rotorcraft Development Corporation Model UH–1L helicopters; and • Robinson Air Crane, Inc.; and Rotorcraft Development Corporation Model UH–1P helicopters. Therefore, the FAA issued Emergency AD 2021–15–52 to address the unsafe condition on these helicopters. Emergency AD 2021–15–52 requires removing the affected pins from service and prohibits installing those pins on any helicopter. The FAA sent the emergency AD to all known U.S. owners and operators of these helicopters. FAA’s Determination The FAA is issuing this AD because the agency evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of these same type designs. E:\FR\FM\29JYR1.SGM 29JYR1 Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations Related Service Information The FAA reviewed Bell Alert Service Bulletin (ASB) UH–1H–21–21 and Bell ASB UH–1H–II–21–31. Each ASB is dated July 7, 2021 and specifies removing all P/N 204–012–104–005 pins with an S/N prefix ‘‘FNFS’’ before next flight. These ASBs also specify that, although the investigation is still in progress, removing these pins from service is required. These ASBs state that these pins may not have been manufactured in accordance with the engineering design requirements and may therefore shear as a result of this nonconformance. AD Requirements This AD requires removing pins P/N 204–012–104–005 with an S/N prefix ‘‘FNFS’’ before further flight. This AD also prohibits installing those pins on any helicopter as of the effective date of this AD. Interim Action The FAA considers this AD to be an interim action. If final action is later identified, the FAA might consider further rulemaking. jbell on DSKJLSW7X2PROD with RULES 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 2021–15–52, issued on July 8, 2021, 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 the required corrective actions must be completed 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 VerDate Sep<11>2014 16:17 Jul 28, 2021 Jkt 253001 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–2021–0605; Project Identifier AD–2021–00805–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 https:// www.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 David Wilson, Aerospace Engineer, DSCO Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222– 5786; email david.wilson@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. 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 40781 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 529 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. Replacing up to four pins takes about 20 work-hours and parts cost about $1,756 for four pins for an estimated cost of up to $3,456 per helicopter. 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: E:\FR\FM\29JYR1.SGM 29JYR1 40782 Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations 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: jbell on DSKJLSW7X2PROD with RULES ■ International, Inc.; and Tamarack Helicopters, Inc., Model UH–1H helicopters; Note 2 to paragraph (c)(8): Helicopters with an SW205 designation are Southwest Florida Aviation International, Inc. Model UH–1H helicopters. (9) Bell; Overseas Aircraft Support, Inc.; and Rotorcraft Development Corporation Model UH–1L helicopters; and (10) Robinson Air Crane, Inc.; and Rotorcraft Development Corporation Model UH–1P helicopters. 2021–15–52 Various Restricted Category Helicopters: Amendment 39–21664; Docket No. FAA–2021–0605; Project Identifier AD–2021–00805–R. (d) Subject (a) Effective Date This airworthiness directive (AD) is effective without actual notice on August 13, 2021. Emergency AD 2021–15–52, issued on July 8, 2021, which contained the requirements of this amendment, was effective with actual notice. This AD was prompted by a fatal accident in which a pin sheared off during flight, which resulted in the main rotor blade and the main rotor head detaching from the helicopter. The FAA is issuing this AD to address this unsafe condition and prevent loss of control of the helicopter. (b) Affected ADs None. (f) Compliance (c) Applicability This AD applies to various restricted category helicopters originally manufactured by Bell Textron Inc. (Bell), certificated in any category, with an outboard main rotor hub strap pin (pin) part number 204–012–104– 005 with a serial number prefix ‘‘FNFS’’ installed. These helicopters include but are not limited to: (1) Rotorcraft Development Corporation Model HH–1K helicopters; (2) Robinson Air Crane Inc.; Rotorcraft Development Corporation; and Tamarack Helicopters, Inc., Model TH–1F helicopters; (3) Bell; Overseas Aircraft Support, Inc. (type certificate previously held by JTBAM, Inc.); and Rotorcraft Development Corporation Model TH–1L helicopters; (4) Richards Heavylift Helo, Inc., Model UH–1A helicopters; (5) International Helicopters, Inc.; Overseas Aircraft Support, Inc.; Red Tail Flying Services, LLC; Richards Heavylift Helo, Inc.; Rotorcraft Development Corporation; Southwest Florida Aviation International, Inc.,; and WSH, LLC (type certificate previously held by San Joaquin Helicopters), Model UH–1B helicopters; Note 1 to paragraph (c)(5): Helicopters with an SW204 or SW204HP designation are Southwest Florida Aviation International, Inc., Model UH–1B helicopters. (6) Bell; Overseas Aircraft Support, Inc.; Rotorcraft Development Corporation; Smith Helicopters; and West Coast Fabrications Model UH–1E helicopters; (7) AST, Inc.; California Department of Forestry; Robinson Air Crane, Inc.; Rotorcraft Development Corporation; and Tamarack Helicopters, Inc., Model UH–1F helicopters; (8) Arrow Falcon Exporters Inc.; Global Helicopter Technology, Inc.; Hagglund Helicopters, LLC; JJASPP Engineering Services, LLC; Northwest Rotorcraft, LLC; Overseas Aircraft Support, Inc.; Richards Heavylift Helo, Inc.; Rotorcraft Development Corporation; Southwest Florida Aviation VerDate Sep<11>2014 16:17 Jul 28, 2021 Jkt 253001 Issued on July 21, 2021. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–16222 Filed 7–27–21; 11:15 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Joint Aircraft System Component (JASC) Code: 6200, Main Rotor System. 14 CFR Part 71 (e) Unsafe Condition [Docket No. FAA–2020–0544; Airspace Docket No. 19–AAL–93] (1) Before further flight, remove from service any pin that is identified in the introductory text of paragraph (c) of this AD. (2) As of the effective date of this AD, do not install any pin that is identified in the introductory text of paragraph (c) of this AD on any helicopter. (h) Special Flight Permits 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 DSCO Branch, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to: 9-ASW-190-COS@faa.gov. (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 David Wilson, Aerospace Engineer, DSCO Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5786; email david.wilson@faa.gov. (2) The subject of this AD is addressed in Transport Canada Emergency AD CF–2021– 23, dated July 5, 2021 and FAA Emergency AD 2021–15–51, dated July 6, 2021. You may view those ADs at https:// www.regulations.gov in Docket No. FAA– 2021–0605. Fmt 4700 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. This action revokes one Alaskan VHF Omnidirectional Range (VOR) Federal airway V–482 in the state of Alaska. The removal is required due to tree encroachment on the Johnstone Point VOR/Distance Measuring Equipment (DME) that renders the airway unusable. DATES: Effective date 0901 UTC, October 7, 2021. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https://www.faa.gov/ air_traffic/publications/. For further information, you can contact the Rules and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11E at NARA, email: fedreg.legal@nara.gov or go to https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. FOR FURTHER INFORMATION CONTACT: Christopher McMullin, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: SUMMARY: (g) Required Actions Frm 00020 Removal of Air Traffic Service (ATS) Route V–482; Alaska AGENCY: Comply with this AD within the compliance times specified, unless already done. PO 00000 RIN 2120–AA66 Sfmt 4700 E:\FR\FM\29JYR1.SGM 29JYR1

Agencies

[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Rules and Regulations]
[Pages 40779-40782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16222]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0605; Project Identifier AD-2021-00805-R; 
Amendment 39-21664; AD 2021-15-52]
RIN 2120-AA64


Airworthiness Directives; Various Restricted Category Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
various restricted category helicopters originally manufactured by Bell 
Textron Inc. This AD was prompted by a fatal accident in which an 
outboard main rotor hub strap pin (pin) sheared off during flight, 
resulting in the main rotor blade and the main rotor head detaching 
from the helicopter. This AD requires removing certain pins from 
service and prohibits installing those pins on any helicopter. The FAA 
previously sent an emergency AD to all known U.S. owners and operators 
of these restricted category helicopters and is now issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective August 13, 2021. Emergency 2021-15-52, 
issued on July 8, 2021, which contained the requirements of this 
amendment, was effective with actual notice.
    The FAA must receive comments on this AD by September 13, 2021.

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,

[[Page 40780]]

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 final rule, contact Bell 
Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, United States; 
telephone 1-450-437-2862 or 1-800-363-8023; fax 1-450-433-0272; email 
[email protected]; or at https://www.bellflight.com/support/contact-support. 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0605; 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 AD, any comments received, and other information. The 
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: David Wilson, Aerospace Engineer, DSCO 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone (817) 222-5786; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 2021, the FAA issued Emergency AD 2021-15-51 (Emergency 
AD 2021-15-51) for Bell Textron Inc. Model 204B, 205A, 205A-1, 205B, 
and 212 helicopters. That action was prompted by a Bell Textron Inc., 
Model 212 helicopter fatal accident in which a pin part number (P/N) 
204-012-104-005 with a serial number (S/N) prefix ``FNFS'' sheared off 
during flight, resulting in the main rotor blade and the main rotor 
head detaching from the helicopter. The pin had accumulated only 20 
total hours time-in-service (TIS). An inspection of a different Model 
212 helicopter revealed that another pin installed, and made by the 
same manufacturer with the same S/N prefix, was deformed; this pin had 
accumulated only 29 total hours TIS. Failure of the pin could result in 
the main rotor blade detaching from the helicopter and subsequent loss 
of control of the helicopter.
    Transport Canada, which is the aviation authority for Canada, has 
issued Canadian Emergency AD CF-2021-23, dated July 5, 2021 (Transport 
Canada Emergency AD CF-2021-23), to correct an unsafe condition for 
Bell Helicopter Textron Inc., Model 204B helicopters, S/Ns 2001 through 
2070 and 2196 through 2199; Model 205A-1 helicopters, S/Ns 30001 
through 30065, 30067 through 30165, 30167 through 30187, 30189 through 
30296, and 30298 through 30332; Model 205B helicopters, S/Ns 30066, 
30166, 30188, and 30297; and Model 212 helicopters, S/Ns 30501 through 
30999, 31101 through 31311, 32101 through 32142, and 35001 through 
35103. Transport Canada advises that during an investigation of a Bell 
Textron Inc., Model 212 fatal accident in Canada, it was discovered 
that a pin P/N 204-012-104-005 with an S/N prefix ``FNFS'', sheared off 
during flight, leading to detachment of the main rotor blade and the 
main rotor head. The pin had accumulated only 20 hours of service, and 
inspection of another Canadian Bell Textron Inc., Model 212 helicopter 
found a pin of the same P/N, made by the same manufacturer, with the 
same S/N prefix ``FNFS'', to be deformed after only approximately 29 
hours in service. According to Transport Canada, failure of a pin will 
result in detachment of the main rotor blade and loss of control of the 
helicopter. Transport Canada also advises that, although the defective 
pins were only reported on Bell Textron Inc., Model 212 helicopters, 
pins of the same P/N can also be installed on Bell Textron Inc., Model 
204B, 205A-1, and 205B helicopters. While the cause of failure has not 
been determined, as a precautionary measure and to address the risk of 
detachment of affected pins in flight, Bell has issued alert service 
bulletins that specify replacing pins P/N 204-012-104-005 that have S/N 
prefix ``FNFS''.
    Accordingly, Transport Canada Emergency AD CF-2021-23 requires 
replacement of affected pins. Transport Canada considers its emergency 
AD an interim action and states that further AD action may follow.
    After Emergency AD 2021-15-51 was issued, the FAA determined that 
pin P/N 204-012-104-005 with S/N prefix ``FNFS'' could also be 
installed on restricted category helicopters originally manufactured by 
Bell Textron Inc. These helicopters include, but are not limited to, 
the following:
     Rotorcraft Development Corporation Model HH-1K 
helicopters;
     Robinson Air Crane Inc.; Rotorcraft Development 
Corporation; and Tamarack Helicopters, Inc., Model TH-1F helicopters;
     Bell Textron Inc.; Overseas Aircraft Support, Inc. (type 
certificate previously held by JTBAM, Inc.); and Rotorcraft Development 
Corporation Model TH-1L helicopters;
     Richards Heavylift Helo, Inc., Model UH-1A helicopters;
     International Helicopters, Inc.; Overseas Aircraft 
Support, Inc.; Red Tail Flying Services, LLC; Richards Heavylift Helo, 
Inc.; Rotorcraft Development Corporation; Southwest Florida Aviation 
International, Inc. (helicopters with an SW204 or SW204HP designation 
are Southwest Florida Aviation International, Inc., Model UH-1B 
helicopters); and WSH, LLC (type certificate previously held by San 
Joaquin Helicopters), Model UH-1B helicopters;
     Bell Textron Inc.; Overseas Aircraft Support, Inc.; 
Rotorcraft Development Corporation; Smith Helicopters; and West Coast 
Fabrications Model UH-1E helicopters;
     AST, Inc.; California Department of Forestry; Robinson Air 
Crane, Inc.; Rotorcraft Development Corporation; and Tamarack 
Helicopters, Inc., Model UH-1F helicopters;
     Arrow Falcon Exporters Inc.; Global Helicopter Technology, 
Inc.; Hagglund Helicopters, LLC; JJASPP Engineering Services, LLC; 
Northwest Rotorcraft, LLC; Overseas Aircraft Support, Inc.; Richards 
Heavylift Helo, Inc.; Rotorcraft Development Corporation; Southwest 
Florida Aviation International, Inc. (helicopters with an SW205 
designation are Southwest Florida Aviation International, Inc., Model 
UH-1H helicopters); and Tamarack Helicopters, Inc., Model UH-1H 
helicopters;
     Bell Textron Inc.; Overseas Aircraft Support, Inc.; and 
Rotorcraft Development Corporation Model UH-1L helicopters; and
     Robinson Air Crane, Inc.; and Rotorcraft Development 
Corporation Model UH-1P helicopters.
    Therefore, the FAA issued Emergency AD 2021-15-52 to address the 
unsafe condition on these helicopters. Emergency AD 2021-15-52 requires 
removing the affected pins from service and prohibits installing those 
pins on any helicopter. The FAA sent the emergency AD to all known U.S. 
owners and operators of these helicopters.

FAA's Determination

    The FAA is issuing this AD because the agency evaluated all the 
relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs.

[[Page 40781]]

Related Service Information

    The FAA reviewed Bell Alert Service Bulletin (ASB) UH-1H-21-21 and 
Bell ASB UH-1H-II-21-31. Each ASB is dated July 7, 2021 and specifies 
removing all P/N 204-012-104-005 pins with an S/N prefix ``FNFS'' 
before next flight. These ASBs also specify that, although the 
investigation is still in progress, removing these pins from service is 
required. These ASBs state that these pins may not have been 
manufactured in accordance with the engineering design requirements and 
may therefore shear as a result of this nonconformance.

AD Requirements

    This AD requires removing pins P/N 204-012-104-005 with an S/N 
prefix ``FNFS'' before further flight. This AD also prohibits 
installing those pins on any helicopter as of the effective date of 
this AD.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking.

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 2021-15-52, issued on July 8, 2021, 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 the required corrective actions must be 
completed 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.

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-2021-0605; Project Identifier AD-
2021-00805-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 
https://www.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 David 
Wilson, Aerospace Engineer, DSCO Branch, Compliance & Airworthiness 
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5786; email [email protected]. Any commentary that the FAA 
receives which 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 prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 529 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.
    Replacing up to four pins takes about 20 work-hours and parts cost 
about $1,756 for four pins for an estimated cost of up to $3,456 per 
helicopter.

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:

[[Page 40782]]

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:

2021-15-52 Various Restricted Category Helicopters: Amendment 39-
21664; Docket No. FAA-2021-0605; Project Identifier AD-2021-00805-R.

(a) Effective Date

    This airworthiness directive (AD) is effective without actual 
notice on August 13, 2021. Emergency AD 2021-15-52, issued on July 
8, 2021, which contained the requirements of this amendment, was 
effective with actual notice.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to various restricted category helicopters 
originally manufactured by Bell Textron Inc. (Bell), certificated in 
any category, with an outboard main rotor hub strap pin (pin) part 
number 204-012-104-005 with a serial number prefix ``FNFS'' 
installed. These helicopters include but are not limited to:
    (1) Rotorcraft Development Corporation Model HH-1K helicopters;
    (2) Robinson Air Crane Inc.; Rotorcraft Development Corporation; 
and Tamarack Helicopters, Inc., Model TH-1F helicopters;
    (3) Bell; Overseas Aircraft Support, Inc. (type certificate 
previously held by JTBAM, Inc.); and Rotorcraft Development 
Corporation Model TH-1L helicopters;
    (4) Richards Heavylift Helo, Inc., Model UH-1A helicopters;
    (5) International Helicopters, Inc.; Overseas Aircraft Support, 
Inc.; Red Tail Flying Services, LLC; Richards Heavylift Helo, Inc.; 
Rotorcraft Development Corporation; Southwest Florida Aviation 
International, Inc.,; and WSH, LLC (type certificate previously held 
by San Joaquin Helicopters), Model UH-1B helicopters;
    Note 1 to paragraph (c)(5): Helicopters with an SW204 or SW204HP 
designation are Southwest Florida Aviation International, Inc., 
Model UH-1B helicopters.
    (6) Bell; Overseas Aircraft Support, Inc.; Rotorcraft 
Development Corporation; Smith Helicopters; and West Coast 
Fabrications Model UH-1E helicopters;
    (7) AST, Inc.; California Department of Forestry; Robinson Air 
Crane, Inc.; Rotorcraft Development Corporation; and Tamarack 
Helicopters, Inc., Model UH-1F helicopters;
    (8) Arrow Falcon Exporters Inc.; Global Helicopter Technology, 
Inc.; Hagglund Helicopters, LLC; JJASPP Engineering Services, LLC; 
Northwest Rotorcraft, LLC; Overseas Aircraft Support, Inc.; Richards 
Heavylift Helo, Inc.; Rotorcraft Development Corporation; Southwest 
Florida Aviation International, Inc.; and Tamarack Helicopters, 
Inc., Model UH-1H helicopters;
    Note 2 to paragraph (c)(8): Helicopters with an SW205 
designation are Southwest Florida Aviation International, Inc. Model 
UH-1H helicopters.
    (9) Bell; Overseas Aircraft Support, Inc.; and Rotorcraft 
Development Corporation Model UH-1L helicopters; and
    (10) Robinson Air Crane, Inc.; and Rotorcraft Development 
Corporation Model UH-1P helicopters.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6200, Main Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by a fatal accident in which a pin sheared 
off during flight, which resulted in the main rotor blade and the 
main rotor head detaching from the helicopter. The FAA is issuing 
this AD to address this unsafe condition and prevent loss of 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, remove from service any pin that is 
identified in the introductory text of paragraph (c) of this AD.
    (2) As of the effective date of this AD, do not install any pin 
that is identified in the introductory text of paragraph (c) of this 
AD on any helicopter.

(h) Special Flight Permits

    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 
DSCO Branch, 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 David Wilson, 
Aerospace Engineer, DSCO Branch, Compliance & Airworthiness 
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5786; email [email protected].
    (2) The subject of this AD is addressed in Transport Canada 
Emergency AD CF-2021-23, dated July 5, 2021 and FAA Emergency AD 
2021-15-51, dated July 6, 2021. You may view those ADs at https://www.regulations.gov in Docket No. FAA-2021-0605.

    Issued on July 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-16222 Filed 7-27-21; 11:15 am]
BILLING CODE 4910-13-P
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