Airworthiness Directives; Bell Textron Canada Limited Helicopters, 70725-70728 [2021-27008]
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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
§ 1240.51
[Amended]
36. Amend § 1240.51 by removing the
words ‘‘Service counsel’’ and adding in
their place the words ‘‘DHS counsel’’ in
paragraphs (a) and (b).
■ 37. Amend § 1240.53 by revising
paragraph (a) to read as follows:
■
§ 1240.53
Appeals.
(a) Appeal to the Board. Pursuant to
8 CFR part 1003, an appeal shall lie
from a decision of an immigration judge
to the Board, except that no appeal shall
lie from an order of deportation entered
in absentia. The procedures regarding
the filing of a Form EOIR–26, Notice of
Appeal, fees, and briefs are set forth in
§§ 1003.3, 1003.31, and 1003.38 of this
chapter. An appeal shall be filed within
30 calendar days after the mailing or
electronic notification of a written
decision, the stating of an oral decision,
or the service of a summary decision.
The filing date is defined as the date of
receipt of the Notice of Appeal by the
Board. The reasons for the appeal shall
be stated in the Form EOIR–26, Notice
of Appeal, in accordance with the
provisions of § 1003.3(b) of this chapter.
Failure to do so may constitute a ground
for dismissal of the appeal by the Board
pursuant to § 1003.1(d)(2) of this
chapter.
*
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PART 1245—ADJUSTMENT OF
STATUS TO THAT OF PERSON
ADMITTED FOR PERMANENT
RESIDENCE
38. The authority citation for part
1245 continues to read as follows:
■
Authority: 8 U.S.C. 1101, 1103, 1182,
1255; section 202, Pub. L. 105–100, 111 Stat.
2160, 2193; section 902, Pub. L. 105–277, 112
Stat. 2681; Title VII of Pub. L. 110–229.
§ 1245.21
[Amended]
39. Amend § 1245.21 by:
a. Removing the words ‘‘The Service’’
and adding in their place the word
‘‘DHS’’ in paragraphs (a) introductory
text, (b)(1) introductory text, (d)(2), and
(m)(2) and (4), wherever they appear;
■ b. Removing the words ‘‘the Service’’
and adding in their place the word
‘‘DHS’’ in paragraphs (b)(1)(i), (c), (d)
introductory text, (d)(2) and (4), (h)
through (l), and (m)(2) through (4),
wherever they appear;
■ c. Removing the words ‘‘Service
counsel’’ and adding in their place the
words ‘‘DHS counsel’’ in paragraph (c);
■ d. Removing the words ‘‘the
Service’s’’ and adding in their place the
word ‘‘DHS’s’’ in paragraphs (j) and
(m)(2); and
■
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■
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e. Removing the words ‘‘Service files’’
and adding in their place the words
‘‘DHS files’’ in paragraph (g)(3).
■
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Dated: December 4, 2021.
Lisa O. Monaco,
Deputy Attorney General.
[FR Doc. 2021–26853 Filed 12–10–21; 8:45 am]
PART 1246—RECISSION OF
ADJUSTMENT OF STATUS
BILLING CODE 4410–30–P
40. The authority citation for part
1246 continues to read as follows:
DEPARTMENT OF TRANSPORTATION
Authority: 8 U.S.C. 1103, 1254, 1255, 1256,
1259; 8 CFR part 2.
Federal Aviation Administration
§ 1246.5
14 CFR Part 39
■
[Amended]
41. Amend § 1246.5 by removing the
words ‘‘Service counsel’’ and adding in
their place the words ‘‘DHS counsel’’, in
paragraph (a), wherever they appear.
[Docket No. FAA–2021–1066; Project
Identifier AD–2021–01189–R; Amendment
39–21859; AD 2021–26–01]
PART 1292—REPRESENTATION AND
APPEARANCES
Airworthiness Directives; Bell Textron
Canada Limited Helicopters
■
42. The authority citation for part
1292 continues to read as follows:
■
Authority: 8 U.S.C. 1103, 1362.
43. Amend § 1292.1 by revising
paragraphs (a)(2)(ii) through (iv) and
adding paragraph (a)(2)(v) to read as
follows:
■
§ 1292.1
Representation of others.
(a) * * *
(2) * * *
(ii) In the case of a law student, he or
she has filed a statement that he or she
is participating, under the direct
supervision of an EOIR-registered
licensed attorney or accredited
representative, in a legal aid program or
clinic conducted by a law school or
non-profit organization, and that he or
she is without direct or indirect
remuneration from the alien he or she
represents;
(iii) In the case of a law graduate, he
or she has filed a statement that he or
she is appearing under the supervision
of an EOIR-registered licensed attorney
or accredited representative and that he
or she is appearing without direct or
indirect remuneration from the alien he
or she represents;
(iv) When the law student or law
graduate appears before the immigration
court or the Board of Immigration
Appeals, the law student or law
graduate is supervised by an attorney or
accredited representative who must
appear simultaneously at the same
hearing. The accompanying attorney or
accredited representative must be
authorized to practice before EOIR and
be prepared to proceed with the case at
all times; and
(v) All filings by law students and law
graduates are made through an EOIRregistered attorney or accredited
representative.
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RIN 2120–AA64
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Bell Textron Canada Limited Model 505
helicopters. This AD was prompted by
a report of chafing of the right forward
tail rotor (T/R) control cable. This AD
requires inspecting the right forward
T/R cable and, depending on the results,
removing the cable assembly from
service. This AD also requires
measuring the clearance between the
right forward T/R control cable and the
roller bracket cut out and, depending on
the results, adjusting the height of the
roller bracket assembly position. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective December
28, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 28, 2021.
The FAA must receive comments on
this AD by January 27, 2022.
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 Bell service information identified
in this final rule, contact Bell Textron
SUMMARY:
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Canada Limited, 12,800 Rue de l’Avenir,
Mirabel, Quebec J7J 1R4, Canada;
telephone 1–450–437–2862 or 1–800–
363–8023; fax 1–450–433–0272; email
productsupport@bellflight.com; or at
https://www.bellflight.com/support/
contact-support. For S–TEC Corporation
service information identified in this
final rule, contact S–TEC Corporation,
One S–TEC Way, Mineral Wells
Municipal Airport, Mineral Wells, TX
76067; telephone (817) 215–7600. 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 (812) 222–5110. Service information
that is incorporated by reference is also
available at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–1066.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–1066; 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
the Docket Operations is listed above.
Hye
Yoon Jang, Aerospace Engineer,
Delegation Oversight Section, DSCO
Branch, Compliance & Airworthiness
Division, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone (817)
222–5190; email hye.yoon.jang@faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Background
The FAA is adopting a new AD for
certain serial-numbered Bell Textron
Canada Limited Model 505 helicopters
that have S–TEC Corporation HeliSAS
stability augmentation system and
autopilot installed under Supplemental
Type Certificate SR09758DS. The FAA
received a report that, during an
inspection, chafing was discovered on
the right forward T/R control cable due
to contact with the autopilot yaw servo
bracket, which is part of the HeliSAS
stability augmentation system.
Additional review revealed that the
installation instructions did not include
a minimum clearance limit between the
right forward T/R control cable and the
autopilot yaw servo bracket, which
allowed the positioning of the autopilot
yaw servo bracket such that it did not
prevent contact and chafing. Since this
discovery, S–TEC revised the
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installation instructions to specify a
minimum cable clearance limit.
This condition, if not addressed,
could result in failure of the right
forward T/R control cable, loss of T/R
control, 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 has determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Bell Alert Service
Bulletin 505–21–27, dated October 7,
2021 (ASB). This ASB specifies
inspecting the right forward T/R control
cable in the area of the roller bracket
assembly for any signs of contact and
ensuring there is minimum clearance
between the right forward T/R control
cable and the roller bracket cut out.
Depending on the results, this ASB
specifies reporting information to Bell,
replacing the cable assembly, and
adjusting the height of the roller bracket
assembly position.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in ADDRESSES.
Other Related Service Information
The FAA reviewed S–TEC
Corporation Installation Instructions
ST–974–II–0001, Revision 2, dated
October 6, 2021. This service
information contains information
necessary for installing a HeliSAS
stability augmentation system and
autopilot, including information for
adjusting the height of the roller bracket
assembly position.
AD Requirements
This AD requires inspecting the right
forward T/R control cable in the area of
the roller bracket assembly for any signs
of chafing and, if there is any chafing,
removing the cable assembly from
service. This AD also requires
measuring the clearance between the
right forward T/R control cable and the
roller bracket cut out and, depending on
the results, adjusting the height of the
roller bracket assembly position.
Differences Between This AD and the
Service Information
If there is chafing, the ASB specifies
reporting certain information to Bell,
whereas this AD does not.
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Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies foregoing notice
and comment prior to adoption of this
rule because the affected components
are part of an assembly that is critical to
the control of a helicopter. In addition,
chafing could lead to instantaneous
failure before detection. As the FAA has
no information pertaining to the extent
of chafing of the right forward T/R
control cable that may currently exist in
helicopters or how quickly the
condition may propagate to failure, the
actions required by this AD must be
accomplished within 25 hours time-inservice or 30 days, whichever occurs
first. This compliance time is shorter
than the time necessary for the public to
comment and for publication of the final
rule. Accordingly, notice and
opportunity for prior public comment
are impracticable and contrary to the
public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d)
for making this amendment effective in
less than 30 days, for the same reasons
the FAA found good cause to forego
notice and comment.
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2021–1066
and Project Identifier AD–2021–01189–
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
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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
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 Hye Yoon Jang,
Aerospace Engineer, Delegation
Oversight Section, DSCO Branch,
Compliance & Airworthiness Division,
FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone (817) 222–
5190; email hye.yoon.jang@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.
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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 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 up to 76 helicopters of U.S.
Registry. Labor rates are estimated at
$85 per work-hour. Based on these
numbers, the FAA estimates the
following costs to comply with this AD.
Inspecting the T/R control cable and
measuring the clearance takes about 1
work-hour, for an estimated cost of $85
per helicopter and up to $6,460 for the
U.S. fleet. Replacing the cable assembly,
if required, takes about 8 work-hours
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Jkt 256001
and parts cost about $427 for an
estimated cost of $1,107 per helicopter.
If required, adjusting the height of the
roller bracket assembly position takes
about 1 work hour for an estimated cost
of $85 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 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.
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§ 39.13
70727
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2021–26–01 Bell Textron Canada Limited:
Amendment 39–21859; Docket No.
FAA–2021–1066; Project Identifier AD–
2021–01189–R.
(a) Effective Date
This airworthiness directive (AD) is
effective December 28, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bell Textron Canada
Limited Model 505 helicopters, serial
numbers 65011 through 65234 inclusive,
65236 through 65348 inclusive, 65350, and
65352 through 65359 inclusive, with an S–
TEC Corporation HeliSAS stability
augmentation system and autopilot installed
under Supplemental Type Certificate
SR09758DS.
(d) Subject
Joint Aircraft System Component (JASC)
Code 6720, Tail Rotor Control System.
(e) Unsafe Condition
This AD was prompted by a report of
chafing of the right forward tail rotor (T/R)
control cable caused by contact with an
autopilot yaw servo bracket. The FAA is
issuing this AD to detect and prevent chafing
of the T/R control cable. The unsafe
condition, if not addressed, could result in
failure of the right forward T/R control cable,
loss of T/R control, and subsequent loss of
control of the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Within 25 hours time-in-service or 30 days,
whichever occurs first after the effective date
of this AD, accomplish the following:
(1) Using a flashlight, visually inspect the
right forward T/R control cable assembly part
number M207–20M489–041 in the area of the
roller bracket assembly for signs of chafing.
Move the T/R pedals through the full range
of motion and inspect the T/R control cable
for chafing. If there is any chafing, before
further flight, remove cable assembly part
number M207–20M489–041 from service.
(2) Measure the clearance between the right
forward T/R control cable and the roller
bracket cut out as shown in Figure 1 of Bell
Alert Service Bulletin 505–21–27, dated
October 7, 2021. If the clearance is less than
0.3″ (7.6 mm), before further flight, adjust the
height of the roller bracket assembly position
until the clearance is a minimum of 0.3″ (7.6
mm).
(h) 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
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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 (i) of this AD.
Information may be emailed to: 9-ASW-190COS@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.
(i) Related Information
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on December 6, 2021.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–27008 Filed 12–9–21; 4:15 pm]
(j) Material Incorporated by Reference
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2021–0043]
RIN 0960–AI65
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Bell Alert Service Bulletin 505–21–27,
dated October 7, 2021.
(ii) [Reserved]
(3) For Bell service information identified
in this AD, contact Bell Textron Canada
Limited, 12,800 Rue de l’Avenir, Mirabel,
Quebec J7J 1R4, Canada; telephone 1–450–
437–2862 or 1–800–363–8023; fax 1–450–
433–0272; email productsupport@
bellflight.com; or at https://
www.bellflight.com/support/contact-support.
(4) You may view this service information
at 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.
Extension of Expiration Dates for Four
Body System Listings
Social Security Administration.
Final rule.
AGENCY:
ACTION:
We are extending the
expiration dates of the following body
systems in the Listing of Impairments
(listings) in our regulations:
Cardiovascular System, Digestive
System, Skin Disorders, and Immune
System Disorders. We are making no
other revisions to these body systems in
this final rule. This extension ensures
that we will continue to have the
criteria we need to evaluate
impairments in the affected body
systems at step three of the sequential
evaluation processes for initial claims
and continuing disability reviews.
DATES: This final rule is effective on
December 13, 2021.
SUMMARY:
Body system listings
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February
February
February
February
4,
4,
4,
4,
2022
2022
2022
2022
We continue to revise and update the
listings on a regular basis, including
those body systems not affected by this
final rule.2 We intend to update the four
listings affected by this final rule as
necessary based on medical advances as
quickly as possible, but may not be able
to publish final rules revising these
listings by the current expiration date.
Therefore, we are extending the
expiration dates listed above.
1 We also use the listings in the sequential
evaluation processes we use to determine whether
a beneficiary’s disability continues. See 20 CFR
404.1594, 416.994, and 416.994a.
2 We last extended the expiration dates of the four
body system listings affected by this final rule on
November 26, 2019 (84 FR 64993). We published
a Noticed of Proposed Rulemaking (NPRM) revising
15:56 Dec 10, 2021
Jkt 256001
SUPPLEMENTARY INFORMATION:
We use the listings in appendix 1 to
subpart P of part 404 of 20 CFR at the
third step of the sequential evaluation
process to evaluate claims filed by
adults and children for benefits based
on disability under the title II and title
XVI programs.1 20 CFR 404.1520(d),
416.920(d), 416.924(d). The listings are
in two parts: Part A has listings criteria
for adults and Part B has listings criteria
for children. If you are age 18 or over,
we apply the listings criteria in Part A
when we assess your impairment or
combination of impairments. If you are
under age 18, we first use the criteria in
Part B of the listings when we assess
your impairment(s). If the criteria in
Part B do not apply, we may use the
criteria in Part A when those criteria
consider the effects of your
impairment(s). 20 CFR 404.1525(b),
416.925(b).
Explanation of Changes
In this final rule, we are extending the
dates on which the listings for the
following four body systems will no
longer be effective as set out in the
following chart:
Current expiration date
Cardiovascular System 4.00 and 104.00 ..........................................................
Digestive System 5.00 and 105.00 ...................................................................
Skin Disorders 8.00 and 108.00 ........................................................................
Immune System Disorders 14.00 and 114.00 ...................................................
VerDate Sep<11>2014
Michael J. Goldstein, Office of Medical
Policy, Social Security Administration,
6401 Security Boulevard, Baltimore, MD
21235–6401, (410) 965–1020.
For information on eligibility or filing
for benefits, call our national toll-free
number, 1–800–772–1213, or TTY 1–
800–325–0778, or visit our internet site,
Social Security Online, at https://
www.socialsecurity.gov.
Background
BILLING CODE 4910–13–P
For more information about this AD,
contact Hye Yoon Jang, Aerospace Engineer,
Delegation Oversight Section, DSCO Branch,
Compliance & Airworthiness Division, FAA,
10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222–5190; email
hye.yoon.jang@faa.gov.
FOR FURTHER INFORMATION CONTACT:
Regulatory Procedures
Justification for Final Rule
We follow the Administrative
Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 in
promulgating regulations. Section
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702(a)(5) of the Social Security Act, 42
U.S.C. 902(a)(5). Generally, the APA
requires that an agency provides prior
notice and opportunity for public
comment before issuing a final
regulation. The APA provides
exceptions to the notice-and-comment
requirements when an agency finds
there is good cause for dispensing with
such procedures because they are
the medical criteria for evaluating Digestive
Disorders and Skin Disorders on July 25, 2019 (84
FR 35936).
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[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Rules and Regulations]
[Pages 70725-70728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27008]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-1066; Project Identifier AD-2021-01189-R;
Amendment 39-21859; AD 2021-26-01]
RIN 2120-AA64
Airworthiness Directives; Bell Textron Canada Limited Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bell Textron Canada Limited Model 505 helicopters. This AD was
prompted by a report of chafing of the right forward tail rotor (T/R)
control cable. This AD requires inspecting the right forward T/R cable
and, depending on the results, removing the cable assembly from
service. This AD also requires measuring the clearance between the
right forward T/R control cable and the roller bracket cut out and,
depending on the results, adjusting the height of the roller bracket
assembly position. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective December 28, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 28,
2021.
The FAA must receive comments on this AD by January 27, 2022.
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 Bell service information identified in this final rule, contact
Bell Textron
[[Page 70726]]
Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J 1R4,
Canada; telephone 1-450-437-2862 or 1-800-363-8023; fax 1-450-433-0272;
email [email protected]ellflight.com; or at https://www.bellflight.com/support/contact-support. For S-TEC Corporation service information
identified in this final rule, contact S-TEC Corporation, One S-TEC
Way, Mineral Wells Municipal Airport, Mineral Wells, TX 76067;
telephone (817) 215-7600. 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 (812) 222-5110. Service
information that is incorporated by reference is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-1066.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1066; 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 the
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aerospace Engineer,
Delegation Oversight Section, DSCO Branch, Compliance & Airworthiness
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5190; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA is adopting a new AD for certain serial-numbered Bell
Textron Canada Limited Model 505 helicopters that have S-TEC
Corporation HeliSAS stability augmentation system and autopilot
installed under Supplemental Type Certificate SR09758DS. The FAA
received a report that, during an inspection, chafing was discovered on
the right forward T/R control cable due to contact with the autopilot
yaw servo bracket, which is part of the HeliSAS stability augmentation
system. Additional review revealed that the installation instructions
did not include a minimum clearance limit between the right forward T/R
control cable and the autopilot yaw servo bracket, which allowed the
positioning of the autopilot yaw servo bracket such that it did not
prevent contact and chafing. Since this discovery, S-TEC revised the
installation instructions to specify a minimum cable clearance limit.
This condition, if not addressed, could result in failure of the
right forward T/R control cable, loss of T/R control, 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 has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bell Alert Service Bulletin 505-21-27, dated
October 7, 2021 (ASB). This ASB specifies inspecting the right forward
T/R control cable in the area of the roller bracket assembly for any
signs of contact and ensuring there is minimum clearance between the
right forward T/R control cable and the roller bracket cut out.
Depending on the results, this ASB specifies reporting information to
Bell, replacing the cable assembly, and adjusting the height of the
roller bracket assembly position.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
Other Related Service Information
The FAA reviewed S-TEC Corporation Installation Instructions ST-
974-II-0001, Revision 2, dated October 6, 2021. This service
information contains information necessary for installing a HeliSAS
stability augmentation system and autopilot, including information for
adjusting the height of the roller bracket assembly position.
AD Requirements
This AD requires inspecting the right forward T/R control cable in
the area of the roller bracket assembly for any signs of chafing and,
if there is any chafing, removing the cable assembly from service. This
AD also requires measuring the clearance between the right forward T/R
control cable and the roller bracket cut out and, depending on the
results, adjusting the height of the roller bracket assembly position.
Differences Between This AD and the Service Information
If there is chafing, the ASB specifies reporting certain
information to Bell, whereas this AD does not.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because the affected components are part of an assembly that is
critical to the control of a helicopter. In addition, chafing could
lead to instantaneous failure before detection. As the FAA has no
information pertaining to the extent of chafing of the right forward T/
R control cable that may currently exist in helicopters or how quickly
the condition may propagate to failure, the actions required by this AD
must be accomplished within 25 hours time-in-service or 30 days,
whichever occurs first. This compliance time is shorter than the time
necessary for the public to comment and for publication of the final
rule. Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-1066 and Project Identifier
AD-2021-01189-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
[[Page 70727]]
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 Hye
Yoon Jang, Aerospace Engineer, Delegation Oversight Section, DSCO
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone (817) 222-5190; 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 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 up to 76 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
Inspecting the T/R control cable and measuring the clearance takes
about 1 work-hour, for an estimated cost of $85 per helicopter and up
to $6,460 for the U.S. fleet. Replacing the cable assembly, if
required, takes about 8 work-hours and parts cost about $427 for an
estimated cost of $1,107 per helicopter. If required, adjusting the
height of the roller bracket assembly position takes about 1 work hour
for an estimated cost of $85 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 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
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:
2021-26-01 Bell Textron Canada Limited: Amendment 39-21859; Docket
No. FAA-2021-1066; Project Identifier AD-2021-01189-R.
(a) Effective Date
This airworthiness directive (AD) is effective December 28,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bell Textron Canada Limited Model 505
helicopters, serial numbers 65011 through 65234 inclusive, 65236
through 65348 inclusive, 65350, and 65352 through 65359 inclusive,
with an S-TEC Corporation HeliSAS stability augmentation system and
autopilot installed under Supplemental Type Certificate SR09758DS.
(d) Subject
Joint Aircraft System Component (JASC) Code 6720, Tail Rotor
Control System.
(e) Unsafe Condition
This AD was prompted by a report of chafing of the right forward
tail rotor (T/R) control cable caused by contact with an autopilot
yaw servo bracket. The FAA is issuing this AD to detect and prevent
chafing of the T/R control cable. The unsafe condition, if not
addressed, could result in failure of the right forward T/R control
cable, loss of T/R control, and subsequent loss of control of the
helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 25 hours time-in-service or 30 days, whichever occurs
first after the effective date of this AD, accomplish the following:
(1) Using a flashlight, visually inspect the right forward T/R
control cable assembly part number M207-20M489-041 in the area of
the roller bracket assembly for signs of chafing. Move the T/R
pedals through the full range of motion and inspect the T/R control
cable for chafing. If there is any chafing, before further flight,
remove cable assembly part number M207-20M489-041 from service.
(2) Measure the clearance between the right forward T/R control
cable and the roller bracket cut out as shown in Figure 1 of Bell
Alert Service Bulletin 505-21-27, dated October 7, 2021. If the
clearance is less than 0.3'' (7.6 mm), before further flight, adjust
the height of the roller bracket assembly position until the
clearance is a minimum of 0.3'' (7.6 mm).
(h) 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
[[Page 70728]]
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 (i) 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.
(i) Related Information
For more information about this AD, contact Hye Yoon Jang,
Aerospace Engineer, Delegation Oversight Section, DSCO Branch,
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone (817) 222-5190; email
[email protected].
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Bell Alert Service Bulletin 505-21-27, dated October 7,
2021.
(ii) [Reserved]
(3) For Bell service information identified in this AD, contact
Bell Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec
J7J 1R4, Canada; telephone 1-450-437-2862 or 1-800-363-8023; fax 1-
450-433-0272; email [email protected]; or at https://www.bellflight.com/support/contact-support.
(4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call (817) 222-5110.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on December 6, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-27008 Filed 12-9-21; 4:15 pm]
BILLING CODE 4910-13-P
