Airworthiness Directives; Bell Textron Canada Limited Helicopters, 43055-43058 [2023-14321]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 128 / Thursday, July 6, 2023 / Rules and Regulations
(j) Additional Information
For more information about this AD,
contact Shahram Daneshmandi, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
206–231–3220; email
shahram.daneshmandi@faa.gov.
(k) 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) European Union Aviation Safety Agency
(EASA) AD 2023–0121, dated June 13, 2023.
(ii) [Reserved]
(3) For EASA AD 2023–0121, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; website
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(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 June 27, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–14227 Filed 7–3–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1395; Project
Identifier MCAI–2023–00720–R; Amendment
39–22485; AD 2023–12–26]
RIN 2120–AA64
Airworthiness Directives; Bell Textron
Canada Limited Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2021–24–
04, which applied to certain Bell
Helicopter Textron Canada Limited
(type certificate previously held by Bell
Helicopter Textron Canada Limited)
SUMMARY:
VerDate Sep<11>2014
16:01 Jul 05, 2023
Jkt 259001
Model 505 helicopters. AD 2021–24–04
required revising the existing Rotorcraft
Flight Manual (RFM) for your
helicopter. Since the FAA issued AD
2021–24–04, Bell Textron Canada
Limited revised the RFM to incorporate
more restrictive operating limitations.
This AD is prompted by the
determination that the existing altitude
limitations were not valid for certain
fuel types and that revising the existing
RFM for your helicopter to align with
the limitations of the Safran Helicopter
Engines, S.A. Model ARRIUS 2R engine
is necessary. This AD requires revising
the existing RFM for your helicopter, as
specified in a Transport Canada AD,
which is incorporated by reference. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective July 21,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of July 21, 2023.
The FAA must receive any comments
on this AD by August 21, 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–
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–2023–1395; 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
address for Docket Operations is listed
above.
Material Incorporated by Reference:
• For Transport Canada material that
is incorporated by reference in this final
rule, contact Transport Canada,
Transport Canada National Aircraft
Certification, 159 Cleopatra Drive,
Nepean, Ontario, K1A 0N5, CANADA;
phone 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.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
43055
• You may view this material 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. It is also available
at regulations.gov under Docket No.
FAA–2023–1395.
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; phone
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 also view this service
information at the FAA contact
information under Material
Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT:
Michael Hughlett, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone
(817) 222–5889; email
Michael.Hughlett@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2023–1395;
Project Identifier MCAI–2023–00720–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,
E:\FR\FM\06JYR1.SGM
06JYR1
43056
Federal Register / Vol. 88, No. 128 / Thursday, July 6, 2023 / Rules and Regulations
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 Michael Hughlett,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone (817) 222–5889; email
Michael.Hughlett@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.
lotter on DSK11XQN23PROD with RULES1
Background
The FAA issued AD 2021–24–04,
Amendment 39–21825 (86 FR 69998,
December 9, 2021) (AD 2021–24–04), for
Bell Helicopter Textron Canada Limited
(type certificate previously held by Bell
Helicopter Textron Canada Limited)
Model 505 helicopters having serial
number 65011 and subsequent. AD
2021–24–04 was prompted by Transport
Canada AD CF–2019–08, dated March 5,
2019 (Transport Canada AD CF–2019–
08), issued by Transport Canada, which
is the aviation authority for Canada.
Transport Canada advised of the need to
reduce the pressure altitude limitations
for Jet B and JP–4 wide-cut fuels
following unsatisfactory performance of
the engine at the original higher altitude
limitations with those wide-cut fuels.
AD 2021–24–04 required revising the
Limitations Section of the existing RFM
for your helicopter. The FAA issued AD
2021–24–04 to prevent low fuel
pressure, engine flame-out, or engine
power interruption (a change in any
engine performance parameter—
including, but not limited to, gas
generator speed, power turbine speed,
main gas temperature, or output
torque—outside its normal limits for the
prevailing operating conditions).
Actions Since AD 2021–24–04 Was
Issued
Since the FAA issued AD 2021–24–
04, Transport Canada has issued
Transport Canada AD CF–2023–16,
dated March 6, 2023 (Transport Canada
AD CF–2023–16), to supersede
Transport Canada AD CF–2019–08.
Transport Canada AD CF–2023–16
states that Bell Textron Canada Limited
determined that the altitude limitations
in the existing RFM, as they pertain to
certain fuel types, were not valid.
Accordingly, Transport Canada AD CF–
2023–16 requires updating the RFM to
align with the limitations of the ARRIUS
VerDate Sep<11>2014
16:01 Jul 05, 2023
Jkt 259001
2R engine, which include more
stringent fuel operating envelope
limitations for starting at certain
altitudes, ambient temperatures, and
fuel specifications. Transport Canada
AD CF–2023–16 states that failure to
comply with the correct operating
limitations could result in low fuel
pressure, engine flame-out, or engine
power interruption. You may examine
Transport Canada AD CF–2023–16 in
the AD docket at regulations.gov under
Docket No. FAA–2023–1395.
The FAA is issuing this AD to require
limitations that align with the ARRIUS
2R engine. This unsafe condition, if not
addressed, could result in low fuel
pressure, engine flame-out, or engine
power interruption.
This AD also corrects the
Applicability paragraph to identify the
current type certificate holder as ‘‘Bell
Textron Canada Limited’’ instead of
‘‘Bell Helicopter Textron Canada
Limited’’ and removes the type
certificate previously held by
information.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Transport Canada
AD CF–2023–16, which specifies to
update the RFM BHT–505–FM–1 to
Revision 5, or to later revisions, as
approved by Transport Canada.
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 ADDRESSES.
Other Related Service Information
The FAA also reviewed Figure 1–6.
Fuel Operating Envelope (Sheet 1 of 1)
of Bell 505 Rotorcraft Flight Manual
BHT–505–FM–1, Revision 5, dated
October 30, 2019, which specifies
corrected fuel operating envelope
limitations for various fuels.
FAA’s Determination
These products have been approved
by the aviation authority of another
country and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in Transport Canada AD CF–
2023–16 described above. The FAA is
issuing this AD after determining that
the unsafe condition described
previously is likely to exist or develop
on other products of these same type
design.
AD Requirements
This AD requires accomplishing the
actions specified in Transport Canada
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
AD CF–2023–16, described previously,
as incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD.
The owner/operator (pilot) holding at
least a private pilot certificate may
revise the existing RFM for your
helicopter and must enter compliance
with this AD into the aircraft records in
accordance with 14 CFR 43.9(a) and
91.417(a)(2)(v). The record must be
maintained as required by 14 CFR
91.417, 121.380, or 135.439. This is an
exception to the FAA’s standard
maintenance regulations.
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 this model helicopter
cannot safely fly at altitudes currently
authorized by the existing RFM for your
helicopter. The unsafe condition may
result in low fuel pressure, engine
flame-out, or engine power interruption;
and this model helicopter does not have
an auxiliary power unit onboard making
it difficult to restart during flight.
Additionally, these are high usage
helicopters, which increases the
likeliness of occurrence of exceeding the
corrected operating limitations. In light
of this, revising the existing RFM for
your helicopter must be accomplished
within 30 days after the effective date of
this AD. Therefore, the compliance time
for this required action 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
E:\FR\FM\06JYR1.SGM
06JYR1
Federal Register / Vol. 88, No. 128 / Thursday, July 6, 2023 / Rules and Regulations
amendment effective in less than 30
days, for the same reasons the FAA
found good cause to forgo notice and
comment.
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 AD
CF–2023–16 is incorporated by
reference in this FAA final rule. This
AD, therefore, requires compliance with
Transport Canada AD CF–2023–16 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 the Transport Canada AD
does not mean that operators need to
comply only with that section. For
example, where the AD requirement
refers to ‘‘Compliance,’’ compliance
with this AD requirement is not limited
to the section titled ‘‘Corrective
Actions’’ in Transport Canada AD CF–
2023–16. Service information referenced
in Transport Canada AD CF–2023–16
for compliance will be available at
regulations.gov under Docket No. FAA–
2023–1395 after this final rule is
published.
lotter on DSK11XQN23PROD with RULES1
Regulatory Flexibility Act
The requirements of the Regulatory
Flexibility Act (RFA) do not apply when
an agency finds good cause pursuant to
5 U.S.C. 553 to adopt a rule without
prior notice and comment. Because the
FAA has determined that it has good
cause to adopt this rule without prior
notice and comment, RFA analysis is
not required.
Costs of Compliance
The FAA estimates that this AD
affects 141 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.
Revising the existing RFM for your
helicopter takes about 0.5 work-hour for
an estimated cost of $43 per helicopter
and $6,063 for the U.S. fleet.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
VerDate Sep<11>2014
16:01 Jul 05, 2023
Jkt 259001
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed, I certify
that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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:
a. Removing Airworthiness Directive
2021–24–04, Amendment 39–21825 (86
FR 69998, December 9, 2021); and
■ b. Adding the following new
airworthiness directive:
■
■
2023–12–26 Bell Textron Canada Limited:
Amendment 39–22485; Docket No.
FAA–2023–1395; Project Identifier
MCAI–2023–00720–R.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
43057
(a) Effective Date
This airworthiness directive (AD) is
effective July 21, 2023.
(b) Affected ADs
This AD replaces AD 2021–24–04,
Amendment 39–21825 (86 FR 69998,
December 9, 2021).
(c) Applicability
This AD applies to Bell Textron Canada
Limited Model 505 helicopters having a
serial number 65011 and subsequent,
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code: 7300, Engine fuel and control.
(e) Unsafe Condition
This AD was prompted by the
determination that the altitude limitations for
certain fuel types were not valid. The FAA
is issuing this AD to require limitations that
align with the Safran Helicopter Engines,
S.A. Model ARRIUS 2R engine, which
include more stringent fuel operating
envelope limitations for starting at certain
altitudes, ambient temperatures, and fuel
specifications. The unsafe condition, if not
addressed, could result in low fuel pressure,
engine flame-out, or engine power
interruption.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
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 AD CF–
2023–16, dated March 6, 2023 (Transport
Canada AD CF–2023–16). The owner/
operator (pilot) holding at least a private pilot
certificate may revise the existing Rotorcraft
Flight Manual for your helicopter and must
enter compliance with this AD into the
aircraft records in accordance with 14 CFR
43.9(a) and 91.417(a)(2)(v). The record must
be maintained as required by 14 CFR 91.417,
121.380, or 135.439.
(h) Exceptions to Transport Canada AD CF–
2023–16
Where Transport Canada AD CF–2023–16
refers to its effective date, this AD requires
using the effective date of this AD.
(i) 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 (j) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
E:\FR\FM\06JYR1.SGM
06JYR1
43058
Federal Register / Vol. 88, No. 128 / Thursday, July 6, 2023 / Rules and Regulations
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(j) Related Information
For more information about this AD,
contact Michael Hughlett, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone (817) 222–
5889; email Michael.Hughlett@faa.gov.
(k) 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 AD CF–2023–16,
dated March 6, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF–2023–16,
contact Transport Canada, Transport Canada
National Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario, K1A 0N5, CANADA;
phone 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 June 20, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–14321 Filed 7–3–23; 11:15 am]
BILLING CODE 4910–13–P
This rule establishes, amends,
suspends, or removes Standard
Instrument Approach Procedures
(SIAPS) and associated Takeoff
Minimums and Obstacle Departure
procedures (ODPs) for operations at
certain airports. These regulatory
actions are needed because of the
adoption of new or revised criteria, or
because of changes occurring in the
National Airspace System, such as the
commissioning of new navigational
facilities, adding new obstacles, or
changing air traffic requirements. These
changes are designed to provide safe
and efficient use of the navigable
airspace and to promote safe flight
operations under instrument flight rules
at the affected airports.
DATES: This rule is effective July 6,
2023. The compliance date for each
SIAP, associated Takeoff Minimums,
and ODP is specified in the amendatory
provisions.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of July 6, 2023.
ADDRESSES: Availability of matters
incorporated by reference in the
amendment is as follows:
SUMMARY:
For Examination
1. U.S. Department of Transportation,
Docket Ops-M30. 1200 New Jersey
Avenue SE, West Bldg., Ground Floor,
Washington, DC 20590–0001.
2. The FAA Air Traffic Organization
Service Area in which the affected
airport is located;
3. The office of Aeronautical
Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK
73169 or,
4. 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.
Availability
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 97
lotter on DSK11XQN23PROD with RULES1
[Docket No. 31494; Amdt. No. 4067]
Standard Instrument Approach
Procedures, and Takeoff Minimums
and Obstacle Departure Procedures;
Miscellaneous Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
16:01 Jul 05, 2023
Jkt 259001
All SIAPs and Takeoff Minimums and
ODPs are available online free of charge.
Visit the National Flight Data Center at
nfdc.faa.gov to register. Additionally,
individual SIAP and Takeoff Minimums
and ODP copies may be obtained from
the FAA Air Traffic Organization
Service Area in which the affected
airport is located.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight
Technologies and Procedures Division,
Flight Standards Service, Federal
Aviation Administration. Mailing
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Address: FAA Mike Monroney
Aeronautical Center, Flight Procedures
and Airspace Group, 6500 South
MacArthur Blvd., STB Annex, Bldg. 26,
Room 217, Oklahoma City, OK 73099.
Telephone (405) 954–1139.
SUPPLEMENTARY INFORMATION: This rule
amends 14 CFR part 97 by establishing,
amending, suspending, or removes
SIAPS, Takeoff Minimums and/or
ODPS. The complete regulatory
description of each SIAP and its
associated Takeoff Minimums or ODP
for an identified airport is listed on FAA
form documents which are incorporated
by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The applicable FAA Forms
8260–3, 8260–4, 8260–5, 8260–15A,
8260–15B, when required by an entry
on 8260–15A, and 8260–15C.
The large number of SIAPs, Takeoff
Minimums and ODPs, their complex
nature, and the need for a special format
make publication in the Federal
Register expensive and impractical.
Further, airmen do not use the
regulatory text of the SIAPs, Takeoff
Minimums or ODPs, but instead refer to
their graphic depiction on charts
printed by publishers or aeronautical
materials. Thus, the advantages of
incorporation by reference are realized
and publication of the complete
description of each SIAP, Takeoff
Minimums and ODP listed on FAA form
documents is unnecessary. This
amendment provides the affected CFR
sections and specifies the types of
SIAPS, Takeoff Minimums and ODPs
with their applicable effective dates.
This amendment also identifies the
airport and its location, the procedure,
and the amendment number.
Availability and Summary of Material
Incorporated by Reference
The material incorporated by
reference is publicly available as listed
in the ADDRESSES section.
The material incorporated by
reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in
the amendatory language for part 97 of
this final rule.
The Rule
This amendment to 14 CFR part 97 is
effective upon publication of each
separate SIAP, Takeoff Minimums and
ODP as amended in the transmittal.
Some SIAP and Takeoff Minimums and
textual ODP amendments may have
been issued previously by the FAA in a
Flight Data Center (FDC) Notice to
Airmen (NOTAM) as an emergency
action of immediate flights safety
relating directly to published
aeronautical charts.
E:\FR\FM\06JYR1.SGM
06JYR1
]]>Agencies
[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Rules and Regulations]
[Pages 43055-43058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14321]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1395; Project Identifier MCAI-2023-00720-R;
Amendment 39-22485; AD 2023-12-26]
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 superseding Airworthiness Directive (AD) 2021-24-
04, which applied to certain Bell Helicopter Textron Canada Limited
(type certificate previously held by Bell Helicopter Textron Canada
Limited) Model 505 helicopters. AD 2021-24-04 required revising the
existing Rotorcraft Flight Manual (RFM) for your helicopter. Since the
FAA issued AD 2021-24-04, Bell Textron Canada Limited revised the RFM
to incorporate more restrictive operating limitations. This AD is
prompted by the determination that the existing altitude limitations
were not valid for certain fuel types and that revising the existing
RFM for your helicopter to align with the limitations of the Safran
Helicopter Engines, S.A. Model ARRIUS 2R engine is necessary. This AD
requires revising the existing RFM for your helicopter, as specified in
a Transport Canada AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective July 21, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 21,
2023.
The FAA must receive any comments on this AD by August 21, 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-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-2023-1395; 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 address for Docket Operations is listed above.
Material Incorporated by Reference:
For Transport Canada material that is incorporated by
reference in this final rule, contact Transport Canada, Transport
Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario, K1A 0N5, CANADA; phone 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.
You may view this material 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. It is also available at
regulations.gov under Docket No. FAA-2023-1395.
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; phone 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 also view this service information at the FAA contact
information under Material Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT: Michael Hughlett, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone (817) 222-5889; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1395; Project Identifier MCAI-
2023-00720-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,
[[Page 43056]]
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 Michael
Hughlett, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone (817) 222-5889; 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.
Background
The FAA issued AD 2021-24-04, Amendment 39-21825 (86 FR 69998,
December 9, 2021) (AD 2021-24-04), for Bell Helicopter Textron Canada
Limited (type certificate previously held by Bell Helicopter Textron
Canada Limited) Model 505 helicopters having serial number 65011 and
subsequent. AD 2021-24-04 was prompted by Transport Canada AD CF-2019-
08, dated March 5, 2019 (Transport Canada AD CF-2019-08), issued by
Transport Canada, which is the aviation authority for Canada. Transport
Canada advised of the need to reduce the pressure altitude limitations
for Jet B and JP-4 wide-cut fuels following unsatisfactory performance
of the engine at the original higher altitude limitations with those
wide-cut fuels. AD 2021-24-04 required revising the Limitations Section
of the existing RFM for your helicopter. The FAA issued AD 2021-24-04
to prevent low fuel pressure, engine flame-out, or engine power
interruption (a change in any engine performance parameter--including,
but not limited to, gas generator speed, power turbine speed, main gas
temperature, or output torque--outside its normal limits for the
prevailing operating conditions).
Actions Since AD 2021-24-04 Was Issued
Since the FAA issued AD 2021-24-04, Transport Canada has issued
Transport Canada AD CF-2023-16, dated March 6, 2023 (Transport Canada
AD CF-2023-16), to supersede Transport Canada AD CF-2019-08.
Transport Canada AD CF-2023-16 states that Bell Textron Canada
Limited determined that the altitude limitations in the existing RFM,
as they pertain to certain fuel types, were not valid. Accordingly,
Transport Canada AD CF-2023-16 requires updating the RFM to align with
the limitations of the ARRIUS 2R engine, which include more stringent
fuel operating envelope limitations for starting at certain altitudes,
ambient temperatures, and fuel specifications. Transport Canada AD CF-
2023-16 states that failure to comply with the correct operating
limitations could result in low fuel pressure, engine flame-out, or
engine power interruption. You may examine Transport Canada AD CF-2023-
16 in the AD docket at regulations.gov under Docket No. FAA-2023-1395.
The FAA is issuing this AD to require limitations that align with
the ARRIUS 2R engine. This unsafe condition, if not addressed, could
result in low fuel pressure, engine flame-out, or engine power
interruption.
This AD also corrects the Applicability paragraph to identify the
current type certificate holder as ``Bell Textron Canada Limited''
instead of ``Bell Helicopter Textron Canada Limited'' and removes the
type certificate previously held by information.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Transport Canada AD CF-2023-16, which specifies to
update the RFM BHT-505-FM-1 to Revision 5, or to later revisions, as
approved by Transport Canada.
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 ADDRESSES.
Other Related Service Information
The FAA also reviewed Figure 1-6. Fuel Operating Envelope (Sheet 1
of 1) of Bell 505 Rotorcraft Flight Manual BHT-505-FM-1, Revision 5,
dated October 30, 2019, which specifies corrected fuel operating
envelope limitations for various fuels.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
Transport Canada AD CF-2023-16 described above. The FAA is issuing this
AD after determining that the unsafe condition described previously is
likely to exist or develop on other products of these same type design.
AD Requirements
This AD requires accomplishing the actions specified in Transport
Canada AD CF-2023-16, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
The owner/operator (pilot) holding at least a private pilot
certificate may revise the existing RFM for your helicopter and must
enter compliance with this AD into the aircraft records in accordance
with 14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be maintained
as required by 14 CFR 91.417, 121.380, or 135.439. This is an exception
to the FAA's standard maintenance regulations.
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 this model helicopter cannot safely fly at altitudes currently
authorized by the existing RFM for your helicopter. The unsafe
condition may result in low fuel pressure, engine flame-out, or engine
power interruption; and this model helicopter does not have an
auxiliary power unit onboard making it difficult to restart during
flight. Additionally, these are high usage helicopters, which increases
the likeliness of occurrence of exceeding the corrected operating
limitations. In light of this, revising the existing RFM for your
helicopter must be accomplished within 30 days after the effective date
of this AD. Therefore, the compliance time for this required action 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
[[Page 43057]]
amendment effective in less than 30 days, for the same reasons the FAA
found good cause to forgo notice and comment.
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 AD CF-2023-16 is incorporated by reference in this FAA
final rule. This AD, therefore, requires compliance with Transport
Canada AD CF-2023-16 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 the Transport Canada AD does not mean that
operators need to comply only with that section. For example, where the
AD requirement refers to ``Compliance,'' compliance with this AD
requirement is not limited to the section titled ``Corrective Actions''
in Transport Canada AD CF-2023-16. Service information referenced in
Transport Canada AD CF-2023-16 for compliance will be available at
regulations.gov under Docket No. FAA-2023-1395 after this final rule is
published.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 141 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.
Revising the existing RFM for your helicopter takes about 0.5 work-
hour for an estimated cost of $43 per helicopter and $6,063 for the
U.S. fleet.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national Government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed, 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:
0
a. Removing Airworthiness Directive 2021-24-04, Amendment 39-21825 (86
FR 69998, December 9, 2021); and
0
b. Adding the following new airworthiness directive:
2023-12-26 Bell Textron Canada Limited: Amendment 39-22485; Docket
No. FAA-2023-1395; Project Identifier MCAI-2023-00720-R.
(a) Effective Date
This airworthiness directive (AD) is effective July 21, 2023.
(b) Affected ADs
This AD replaces AD 2021-24-04, Amendment 39-21825 (86 FR 69998,
December 9, 2021).
(c) Applicability
This AD applies to Bell Textron Canada Limited Model 505
helicopters having a serial number 65011 and subsequent,
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code: 7300, Engine fuel
and control.
(e) Unsafe Condition
This AD was prompted by the determination that the altitude
limitations for certain fuel types were not valid. The FAA is
issuing this AD to require limitations that align with the Safran
Helicopter Engines, S.A. Model ARRIUS 2R engine, which include more
stringent fuel operating envelope limitations for starting at
certain altitudes, ambient temperatures, and fuel specifications.
The unsafe condition, if not addressed, could result in low fuel
pressure, engine flame-out, or engine power interruption.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
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 AD CF-2023-16, dated March 6, 2023
(Transport Canada AD CF-2023-16). The owner/operator (pilot) holding
at least a private pilot certificate may revise the existing
Rotorcraft Flight Manual for your helicopter and must enter
compliance with this AD into the aircraft records in accordance with
14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be maintained as
required by 14 CFR 91.417, 121.380, or 135.439.
(h) Exceptions to Transport Canada AD CF-2023-16
Where Transport Canada AD CF-2023-16 refers to its effective
date, this AD requires using the effective date of this AD.
(i) 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 (j) of
this AD. Information may be emailed to: [email protected].
[[Page 43058]]
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(j) Related Information
For more information about this AD, contact Michael Hughlett,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone (817) 222-5889; email
[email protected].
(k) 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 AD CF-2023-16, dated March 6, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-16, contact Transport
Canada, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario, K1A 0N5, CANADA; phone 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 June 20, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14321 Filed 7-3-23; 11:15 am]
BILLING CODE 4910-13-P
