Airworthiness Directives; Bell Textron Canada Limited Helicopters, 70708-70711 [2022-25404]

Download as PDF 70708 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Rules and Regulations maintain in the PRD ‘‘summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title that was not subsequently overturned.’’ 4 The FAA is required to retain these records until the individual is deceased.5 The FAA, therefore, determined that continuing its expunction policy was inconsistent with the Act and proceeded to implement the PRD through rulemaking.6 On June 10, 2021, the FAA published the final rule for the PRD in the Federal Register.7 As stated in the final rule preamble, the Act ‘‘requires the FAA to maintain records in the PRD for the life of the pilot and does not provide the FAA with discretion to expunge records outside of that timeframe.’’ 8 However, records without a finding of violation are not included in the PRD.9 When the FAA suspended the expunction policy in 2011, it stated it would determine the full effect of the PRD on the expunction policy and amend the policy accordingly.10 The FAA has therefore reviewed all types of legal enforcement actions it issues to determine which records the FAA may expunge consistent with the Act and the PRD final rule. Under 49 U.S.C. 46101(b), the Administrator must refer a complaint involving an apparent violation of a statute or regulation the FAA administers by a member of the U.S. Armed Forces while performing official duties to the secretary of the department concerned for action. The FAA calls these ‘‘military referrals.’’ In addition, the FAA refers an apparent violation of a statute or regulation it administers by an individual while exercising a foreign certificate or license (or other approval or authorization) to the appropriate foreign aviation authority for action. The FAA calls these ‘‘foreign referrals.’’ The FAA does not make a finding of violation as part of the military or foreign referral process. The FAA also may issue compromise orders, which involve no finding of violation, in settlement of civil penalty assessment actions and may compromise civil 4 49 U.S.C. 44703(i)(2)(A)(iii). U.S.C. 44703(i)(5). 6 76 FR 7894. 7 86 FR 31006. The PRD notice of proposed rulemaking (‘‘NPRM’’) is at 85 FR 17660 (Mar. 30, 2020). 8 86 FR 31017. Consistent with the Act’s requirement, the FAA will expunge records when a pilot reaches ninety-nine years of age or upon receiving a notification of death. Id.; see also 14 CFR 111.40. 9 See 49 U.S.C. 44703(i)(2)(A)(iii). 10 76 FR 7894. lotter on DSK11XQN23PROD with RULES1 5 49 VerDate Sep<11>2014 15:56 Nov 18, 2022 Jkt 259001 penalties of amounts greater than $50,000 against individuals without a finding of violation.11 Policy Statement The FAA will begin expunging records of military and foreign referrals two years after the FAA closes those actions in the Enforcement Information System (‘‘EIS’’).12 The FAA will close records of military and foreign referrals in EIS after (1) the FAA receives a response stating the action taken; or (2) 180 days from the date of the referral, whichever comes first. A two-year period before expunging military and foreign referrals comports with Privacy Act requirements that the agency maintain in its records only such information about an individual as is relevant and necessary to accomplish a statutory purpose of an agency.13 The FAA will also expunge records of civil penalty actions against individuals settled with no finding of violation from EIS. Specifically, the FAA will expunge no-finding civil penalty actions five years after the date an individual subject to the civil penalty action or his or her representative: (1) pays the civil penalty; or (2) provides a promissory note for payment of the civil penalty to the FAA. If, at the time a record of a civil penalty action is due to be expunged, a subsequent enforcement action against the individual has been opened, the first civil penalty action record will be expunged if and when the subsequent enforcement action is expunged. This is consistent with the 1991 FAA expunction policy. If an individual who owes a civil penalty cannot be located, the FAA will maintain the record of the civil penalty action indefinitely unless or until the individual is located and the criteria in this policy statement for expunging the civil penalty action are satisfied. If a civil penalty is deemed ‘‘uncollectable,’’ the record will not be expunged until the civil penalty is satisfied. 11 See 14 CFR 13.16(n)(2) & 13.18(i)(2); FAA Order 2150.3C, ch. 8, para. 20.f.(2). The provision in § 13.16(n) is not used in hazmat cases as a matter of policy. FAA Order 2150.3C, ch. 8, para. 19.g.(2). 12 If conduct underlying the referral also gives rise to a legal enforcement action with a finding of violation, the record of that separate action will be maintained in accordance with 49 U.S.C. 44703(i)(2)(A)(iii) and 14 CFR part 111. See, e.g., FAA Order 2150.3C, ch. 8, para. 29.b. (FAA is authorized to take legal enforcement action against any foreign person who violates U.S. statutes or regulations and may do so in the exercise of prosecutorial discretion); ch. 9, para. 10 (FAA may take action against a member of the U.S. Armed Forces if circumstances of the military referral demonstrate or raise a question as to a lack of qualification to hold an FAA-issued certificate). 13 5 U.S.C. 552a(e)(1). PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 The FAA will apply this expunction policy both prospectively and retrospectively, allowing for the expunction of EIS records of past actions that meet the criteria in this policy statement. Issued in Washington, DC, on November 10, 2022. Cynthia A. Dominik, Assistant Chief Counsel for Enforcement. [FR Doc. 2022–24982 Filed 11–18–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1481; Project Identifier MCAI–2022–01442–R; Amendment 39–22248; AD 2022–24–08] RIN 2120–AA64 Airworthiness Directives; Bell Textron Canada Limited Helicopters 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 the discovery of a potential fouling condition between the rotating swashplate outer ring and the nonrotating collective lever. This AD requires inspecting the collective control system rigging and depending on the results, rigging the collective and cyclic control systems, as specified in a Transport Canada emergency AD, which is incorporated by reference. This AD also requires reporting certain information. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD becomes effective December 6, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 6, 2022. The FAA must receive comments on this AD by January 5, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– SUMMARY: E:\FR\FM\21NOR1.SGM 21NOR1 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Rules and Regulations 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1481; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For Transport Canada material incorporated by reference (IBR) in this final rule, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario, K1A 0N5, Canada; telephone 888–663–3639; email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca; internet tc.canada.ca/en/aviation. You may find this IBR material on the Transport Canada website at tc.canada.ca/en/aviation. • You may view this service information at the FAA, FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222– 5110. It is also available at regulations.gov under Docket No. FAA– 2022–1481. Other Related Service Information: For Bell service information identified in this final rule, contact Bell Textron Canada Limited, 12,800 Rue de l’Avenir, Mirabel, Quebec J7J 1R4, Canada; telephone 1–450–437–2862 or 1–800– 363–8023; fax 1–450–433–0272; email productsupport@bellflight.com; or at bellflight.com/support/contact-support. You may view this service information at the FAA contact information under Material Incorporated by Reference above. lotter on DSK11XQN23PROD with RULES1 Examining the AD Docket You may examine the AD docket at regulations.gov by searching for and locating Docket No. FAA–2022–1481; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the Transport Canada emergency AD, any comments received, and other information. The street address for Docket Operations is listed above. VerDate Sep<11>2014 15:56 Nov 18, 2022 Jkt 259001 Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS Program Management Section, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5110; email kristin.bradley@faa.gov. SUPPLEMENTARY INFORMATION: Background Transport Canada, which is the aviation authority for Canada, has issued Transport Canada Emergency AD CF–2022–62, dated November 9, 2022 (Transport Canada Emergency AD CF– 2022–62), to correct an unsafe condition for certain serial-numbered Bell Textron Canada Limited Model 505 helicopters. Transport Canada considers its emergency AD an interim action and stated that further AD action may follow. This AD was prompted by the discovery of a potential fouling condition between the rotating swashplate outer ring and the nonrotating collective lever. The FAA is issuing this AD to address improper clearances in the collective control system installation. See Transport Canada Emergency AD CF–2022–62 for additional background information. Related Service Information Under 1 CFR Part 51 Transport Canada Emergency AD CF– 2022–62 requires accomplishing a collective control system rigging check and, depending on the results, rigging the collective control system and then the cyclic control system. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Other Related Service Information The FAA also reviewed Bell Alert Service Bulletin 505–22–33, dated November 3, 2022. This service information specifies procedures for a one-time rigging check of the collective control system for minimum clearances and flight control rigging. FAA’s Determination These helicopters have been approved by the aviation authority of Canada and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with Canada, Transport Canada, its technical representative, has notified the FAA of the unsafe condition described in its emergency AD. The FAA is issuing this AD after evaluating PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 70709 all pertinent information and determining that the unsafe condition exists and is likely to exist or develop on other helicopters of the same type design. Requirements of This AD This AD requires accomplishing the actions specified in Transport Canada Emergency AD CF–2022–62, described previously, as IBRed, except for any differences identified as exceptions in the regulatory text of this AD. This AD also requires reporting certain information to Bell Product Support Engineering if any of the minimum clearance parameters are not met as a result of the collective control system rigging inspection (check). Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, Transport Canada Emergency AD CF–2022–62 is IBRed in this FAA final rule. This AD, therefore, requires compliance with Transport Canada Emergency AD CF–2022–62 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Using common terms that are the same as the heading of a particular section in Transport Canada Emergency AD CF–2022–62 does not mean that operators need comply only with that section. For example, where the AD requirement refers to ‘‘all required actions and compliance times,’’ compliance with this AD requirement is not limited to the sections titled ‘‘Compliance’’ and ‘‘Corrective Actions’’ in Transport Canada Emergency AD CF– 2022–62. Service information referenced in Transport Canada Emergency AD CF– 2022–62 for compliance will be available at regulations.gov by searching for and locating Docket No. FAA–2022– 1481 after this final rule is published. Interim Action The FAA considers this AD interim action. If final action is later identified, the FAA might consider further rulemaking then. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies E:\FR\FM\21NOR1.SGM 21NOR1 70710 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies foregoing notice and comment prior to adoption of this rule because the affected parts are critical to maintaining controlled flight and failure of a part could occur as a result of the unsafe condition during any phase of flight without any previous indications. In light of this, the initial action required by this AD must be accomplished within 10 hours time-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–2022–1481; Project Identifier MCAI–2022–01442–R’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each VerDate Sep<11>2014 15:56 Nov 18, 2022 Jkt 259001 substantive verbal contact received about this final rule. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Kristi Bradley, Program Manager, COS Program Management Section, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5110; email kristin.bradley@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Regulatory Flexibility Act The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 118 helicopters of U.S. Registry. Labor rates are estimated at $85 per work-hour. Based on these numbers, the FAA estimates the following costs to comply with this AD. Inspecting the collective control system rigging takes about 1.5 workhours for an estimated cost of $128 per helicopter and $15,104 for the U.S. fleet. If required, rigging the collective and cyclic control systems takes about 4 work-hours and tooling costs about $29,000 for an estimated cost of $29,340 per helicopter. Reporting information takes about 1 work-hour for an estimated cost of $85 per helicopter. Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177–1524. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, and E:\FR\FM\21NOR1.SGM 21NOR1 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Rules and Regulations (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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2022–24–08 Bell Textron Canada Limited: Amendment 39–22248; Docket No. FAA–2022–1481; Project Identifier MCAI–2022–01442–R. (a) Effective Date This airworthiness directive (AD) is effective December 6, 2022. (b) Affected ADs None. (c) Applicability This AD applies to Bell Textron Canada Limited Model 505 helicopters serial numbers 65011 through 65412 inclusive, 65414 through 65416 inclusive, 65419 through 65426 inclusive, 65428, 65430, and 65431, certificated in any category. (d) Subject Joint Aircraft System Component (JASC) Code: 6710, Main Rotor Control. (e) Unsafe Condition This AD was prompted by the discovery of a potential fouling condition between the rotating swashplate outer ring and the nonrotating collective lever. The FAA is issuing this AD to address improper clearances in the collective control system installation. The unsafe condition, if not addressed, could result in loss of control of the helicopter. lotter on DSK11XQN23PROD with RULES1 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements (1) Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, Transport Canada Emergency AD CF–2022–62, dated November 9, 2022 (Transport Canada Emergency AD CF–2022–62). (2) If any of the minimum clearance parameters are not met as a result of the VerDate Sep<11>2014 15:56 Nov 18, 2022 Jkt 259001 actions required by paragraph A. of Transport Canada Emergency AD CF–2022–62, within 10 days after completing the actions required by paragraph A. of Transport Canada Emergency AD CF–2022–62, report the information identified in paragraphs (g)(2)(i) and (ii) of this AD by email to productsupport@bellflight.com. (i) In the subject line of the email: The helicopter serial number and ‘‘ASB 505–22– 33.’’ (ii) In the body of the email: Total hours time-in-service of the helicopter, and identify each clearance parameter that did not meet its minimum tolerance and the dimension of its measured parameter. (h) Exceptions to Transport Canada Emergency AD CF–2022–62 (1) Where Transport Canada Emergency AD CF–2022–62 requires compliance in terms of air time, this AD requires using hours time-in-service. (2) Where Transport Canada Emergency AD CF–2022–62 refers to its effective date, this AD requires using the effective date of this AD. (3) Where paragraph A. of Transport Canada Emergency AD CF–2022–62 requires a ‘‘check,’’ this AD requires an inspection. (i) Special Flight Permit A special flight permit may be issued in accordance with 14 CFR 21.197 and 21.199, provided that there are no known out of tolerance minimum clearance parameters. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, International Validation 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 International Validation Branch, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@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. (k) Related Information For more information about this AD, contact Kristi Bradley, Program Manager, COS Program Management Section, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5110; email kristin.bradley@faa.gov. (l) 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 this AD specifies otherwise. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 70711 (i) Transport Canada Emergency AD CF– 2022–62, dated November 9, 2022. (ii) [Reserved] (3) For Transport Canada Emergency AD CF–2022–62, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario, K1A 0N5, Canada; telephone 888– 663–3639; email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca; internet tc.canada.ca/en/aviation. You may find the Transport Canada material on the Transport Canada website at tc.canada.ca/ en/aviation. (4) 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. (5) You may view this material 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: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on November 10, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–25404 Filed 11–17–22; 4:15 pm] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–0460; Project Identifier AD–2021–00824–R; Amendment 39–22198; AD 2022–20–14] RIN 2120–AA64 Airworthiness Directives; Bell Textron Inc., Helicopters and Various Restricted Category Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for Bell Textron Inc., Model 204B, 205A, 205A– 1, 205B, 210, 212, 412, 412CF, and 412EP helicopters and various restricted category helicopters. This AD was prompted by reports of cracks found on the main transmission support case. This AD requires repetitive inspections of the main transmission housing assembly for cracks, pitting, and corrosion and depending on the results, corrective action. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 27, 2022. SUMMARY: E:\FR\FM\21NOR1.SGM 21NOR1

Agencies

[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Rules and Regulations]
[Pages 70708-70711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25404]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1481; Project Identifier MCAI-2022-01442-R; 
Amendment 39-22248; AD 2022-24-08]
RIN 2120-AA64


Airworthiness Directives; Bell Textron Canada Limited Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bell Textron Canada Limited Model 505 helicopters. This AD was 
prompted by the discovery of a potential fouling condition between the 
rotating swashplate outer ring and the non-rotating collective lever. 
This AD requires inspecting the collective control system rigging and 
depending on the results, rigging the collective and cyclic control 
systems, as specified in a Transport Canada emergency AD, which is 
incorporated by reference. This AD also requires reporting certain 
information. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD becomes effective December 6, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 6, 
2022.
    The FAA must receive comments on this AD by January 5, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-

[[Page 70709]]

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1481; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For Transport Canada material incorporated by reference 
(IBR) in this final rule, contact Transport Canada, Transport Canada 
National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario, 
K1A 0N5, Canada; telephone 888-663-3639; email 
[email protected]; 
internet tc.canada.ca/en/aviation. You may find this IBR material on 
the Transport Canada website at tc.canada.ca/en/aviation.
     You may view this service information at the FAA, FAA, 
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., 
Room 6N-321, Fort Worth, TX 76177. For information on the availability 
of this material at the FAA, call (817) 222-5110. It is also available 
at regulations.gov under Docket No. FAA-2022-1481.
    Other Related Service Information: For Bell service information 
identified in this final rule, contact Bell Textron Canada Limited, 
12,800 Rue de l'Avenir, Mirabel, Quebec J7J 1R4, Canada; telephone 1-
450-437-2862 or 1-800-363-8023; fax 1-450-433-0272; email 
[email protected]; or at bellflight.com/support/contact-support. You may view this service information at the FAA contact 
information under Material Incorporated by Reference above.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1481; or in person at Docket 
Operations between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The AD docket contains this final rule, the Transport 
Canada emergency AD, any comments received, and other information. The 
street address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada Emergency AD CF-2022-62, dated November 9, 2022 
(Transport Canada Emergency AD CF-2022-62), to correct an unsafe 
condition for certain serial-numbered Bell Textron Canada Limited Model 
505 helicopters. Transport Canada considers its emergency AD an interim 
action and stated that further AD action may follow.
    This AD was prompted by the discovery of a potential fouling 
condition between the rotating swashplate outer ring and the non-
rotating collective lever. The FAA is issuing this AD to address 
improper clearances in the collective control system installation. See 
Transport Canada Emergency AD CF-2022-62 for additional background 
information.

Related Service Information Under 1 CFR Part 51

    Transport Canada Emergency AD CF-2022-62 requires accomplishing a 
collective control system rigging check and, depending on the results, 
rigging the collective control system and then the cyclic control 
system.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA also reviewed Bell Alert Service Bulletin 505-22-33, dated 
November 3, 2022. This service information specifies procedures for a 
one-time rigging check of the collective control system for minimum 
clearances and flight control rigging.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Canada and are approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with Canada, Transport Canada, its 
technical representative, has notified the FAA of the unsafe condition 
described in its emergency AD. The FAA is issuing this AD after 
evaluating all pertinent information and determining that the unsafe 
condition exists and is likely to exist or develop on other helicopters 
of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in Transport 
Canada Emergency AD CF-2022-62, described previously, as IBRed, except 
for any differences identified as exceptions in the regulatory text of 
this AD. This AD also requires reporting certain information to Bell 
Product Support Engineering if any of the minimum clearance parameters 
are not met as a result of the collective control system rigging 
inspection (check).

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
Transport Canada Emergency AD CF-2022-62 is IBRed in this FAA final 
rule. This AD, therefore, requires compliance with Transport Canada 
Emergency AD CF-2022-62 in its entirety through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this AD. Using common terms that are the same as the heading of 
a particular section in Transport Canada Emergency AD CF-2022-62 does 
not mean that operators need comply only with that section. For 
example, where the AD requirement refers to ``all required actions and 
compliance times,'' compliance with this AD requirement is not limited 
to the sections titled ``Compliance'' and ``Corrective Actions'' in 
Transport Canada Emergency AD CF-2022-62. Service information 
referenced in Transport Canada Emergency AD CF-2022-62 for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2022-1481 after this final rule is published.

Interim Action

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

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies

[[Page 70710]]

to dispense with notice and comment procedures for rules when the 
agency, for ``good cause,'' finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under this section, an agency, upon finding good cause, may issue a 
final rule without providing notice and seeking comment prior to 
issuance. Further, section 553(d) of the APA authorizes agencies to 
make rules effective in less than thirty days, upon a finding of good 
cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because the affected parts are critical to maintaining controlled 
flight and failure of a part could occur as a result of the unsafe 
condition during any phase of flight without any previous indications. 
In light of this, the initial action required by this AD must be 
accomplished within 10 hours time-in-service or 30 days, whichever 
occurs first. This compliance time is shorter than the time necessary 
for the public to comment and for publication of the final rule. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-1481; Project Identifier MCAI-
2022-01442-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Kristi 
Bradley, Program Manager, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected]. Any commentary that the FAA receives that is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 118 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    Inspecting the collective control system rigging takes about 1.5 
work-hours for an estimated cost of $128 per helicopter and $15,104 for 
the U.S. fleet.
    If required, rigging the collective and cyclic control systems 
takes about 4 work-hours and tooling costs about $29,000 for an 
estimated cost of $29,340 per helicopter. Reporting information takes 
about 1 work-hour for an estimated cost of $85 per helicopter.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and

[[Page 70711]]

    (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:

2022-24-08 Bell Textron Canada Limited: Amendment 39-22248; Docket 
No. FAA-2022-1481; Project Identifier MCAI-2022-01442-R.

(a) Effective Date

    This airworthiness directive (AD) is effective December 6, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Canada Limited Model 505 
helicopters serial numbers 65011 through 65412 inclusive, 65414 
through 65416 inclusive, 65419 through 65426 inclusive, 65428, 
65430, and 65431, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6710, Main Rotor 
Control.

(e) Unsafe Condition

    This AD was prompted by the discovery of a potential fouling 
condition between the rotating swashplate outer ring and the non-
rotating collective lever. The FAA is issuing this AD to address 
improper clearances in the collective control system installation. 
The unsafe condition, if not addressed, could result in loss of 
control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    (1) Except as specified in paragraph (h) of this AD: Comply with 
all required actions and compliance times specified in, and in 
accordance with, Transport Canada Emergency AD CF-2022-62, dated 
November 9, 2022 (Transport Canada Emergency AD CF-2022-62).
    (2) If any of the minimum clearance parameters are not met as a 
result of the actions required by paragraph A. of Transport Canada 
Emergency AD CF-2022-62, within 10 days after completing the actions 
required by paragraph A. of Transport Canada Emergency AD CF-2022-
62, report the information identified in paragraphs (g)(2)(i) and 
(ii) of this AD by email to [email protected].
    (i) In the subject line of the email: The helicopter serial 
number and ``ASB 505-22-33.''
    (ii) In the body of the email: Total hours time-in-service of 
the helicopter, and identify each clearance parameter that did not 
meet its minimum tolerance and the dimension of its measured 
parameter.

(h) Exceptions to Transport Canada Emergency AD CF-2022-62

    (1) Where Transport Canada Emergency AD CF-2022-62 requires 
compliance in terms of air time, this AD requires using hours time-
in-service.
    (2) Where Transport Canada Emergency AD CF-2022-62 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Where paragraph A. of Transport Canada Emergency AD CF-2022-
62 requires a ``check,'' this AD requires an inspection.

(i) Special Flight Permit

    A special flight permit may be issued in accordance with 14 CFR 
21.197 and 21.199, provided that there are no known out of tolerance 
minimum clearance parameters.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 International Validation Branch, send 
it to the attention of the person identified in paragraph (k) 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.

(k) Related Information

    For more information about this AD, contact Kristi Bradley, 
Program Manager, COS Program Management Section, Operational Safety 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].

(l) 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 this AD specifies otherwise.
    (i) Transport Canada Emergency AD CF-2022-62, dated November 9, 
2022.
    (ii) [Reserved]
    (3) For Transport Canada Emergency AD CF-2022-62, contact 
Transport Canada, Transport Canada National Aircraft Certification, 
159 Cleopatra Drive, Nepean, Ontario, K1A 0N5, Canada; telephone 
888-663-3639; email [email protected]; internet tc.canada.ca/en/
aviation. You may find the Transport Canada material on the 
Transport Canada website at tc.canada.ca/en/aviation.
    (4) 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.
    (5) You may view this material 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25404 Filed 11-17-22; 4:15 pm]
BILLING CODE 4910-13-P

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