[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Rules and Regulations]
[Pages 22695-22697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10310]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0953; Product Identifier 2018-SW-079-AD; Amendment 
39-19636; AD 2019-09-02]
RIN 2120-AA64


Airworthiness Directives; Bell Helicopter Textron, Inc. (Bell) 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2018-17-01 for 
Bell Model 212, 412, 412CF, and 412EP helicopters. AD 2018-17-01 
required replacing certain oil and fuel check valves and prohibited 
installing these valves on any helicopter. This AD retains the 
requirements of AD 2018-17-01 but expands those requirements for all 
model helicopters. This AD was prompted by the discovery that we 
omitted a helicopter model from one of the required actions. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 4, 2019.
    We must receive any comments on this AD by July 5, 2019.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0953; 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 regulatory evaluation, any

[[Page 22696]]

comments received, and other information. The street address for Docket 
Operations (phone: 800-647-5527) is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jurgen E. Priester, Aviation Safety 
Engineer, DSCO Branch, Compliance & Airworthiness Division, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5159; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued AD 2018-17-01 (83 FR 42205, August 21, 2018) (``AD 2018-
17-01''), for Bell Model 212, 412, 412CF, and 412EP helicopters with an 
engine oil check valve part number (P/N) 209-062-520-001 or fuel check 
valve P/N 209-062-607-001 manufactured by Circor Aerospace, marked 
``Circle Seal'' and with a manufacturing date code of ``10/11'' 
(October 2011) through ``03/15'' (March 2015), except a check valve 
marked ``TQL'' next to the manufacturing date code, installed. AD 2018-
17-01 resulted from a report that certain P/N 209-062-520-001 check 
valves manufactured by Circor Aerospace as replacement parts have been 
found cracked or leaking on several Bell Model 427 and Model 429 
helicopters. At the time we issued AD 2018-17-01, we understood that 
these check valves may also be installed as engine oil check valves on 
Bell Model 212, 412CF and 412EP helicopters. Similar check valves, P/N 
209-062-607-001, may be installed as fuel check valves on Bell Model 
212, 412, 412CF, and 412EP helicopters. These check valves may have a 
condition induced during assembly that can cause the valve body to 
crack, resulting in oil or fuel leakage. This condition could result in 
loss of lubrication or fuel to the engine, failure of the engine or a 
fire, and subsequent loss of control of the helicopter. Consequently, 
AD 2018-17-01 required replacing the engine oil check valves on Model 
212, 412CF, and 412EP helicopters and replacing the fuel check valves 
on Model 212, 412, 412CF, and 412EP helicopters. AD 2018-17-01 also 
prohibited installing an affected check valve on any helicopter.

Ex Parte Contact

    On August 27, 2018, before the comment period for AD 2018-17-01 
closed, we received a comment from the Japan Civil Aviation Bureau 
(JCAB). We responded to the JCAB and briefly discussed AD 2018-17-01 by 
email. The JRCB's comment during these discussions is addressed below. 
A copy of each email contact can be found in the rulemaking docket for 
AD 2018-17-01 at http://www.regulations.gov in Docket No. FAA-2018-
0738.

Comments

    We gave the public the opportunity to comment on AD 2018-17-01 
after it became effective. We received comments from one commenter.
    The JCAB requested that we clarify why the requirement in AD 2018-
17-01 to replace the engine oil check valves does not apply to Model 
412 helicopters, when the Bell service information requires replacing 
the engine oil check valve in that model.
    The omission of Model 412 helicopters from the requirement to 
replace the engine oil check valve was an error. We are issuing this AD 
to correct that error and to require replacing the engine oil check 
valve in all applicable model helicopters.

Related Service Information

    We reviewed Bell Alert Service Bulletin (ASB) 212-15-153, Revision 
A, dated October 6, 2017 (212-15-153), and Bell ASB 212-15-155, 
Revision A, dated October 6, 2017 (212-15-155), for Model 212 
helicopters; Bell ASB 412-15-165, Revision A, dated October 6, 2017 
(412-15-165), and Bell ASB 412-15-168, Revision A, dated October 6, 
2017 (ASB 412-15-168), for Model 412 and 412 EP helicopters; and Bell 
ASB 412CF-15-57, Revision A, dated October 6, 2017 (412CF-15-57), and 
Bell ASB 412CF-15-59, Revision A, dated October 6, 2017 (412CF-15-59), 
for Model 412CF helicopters. ASB 212-15-153, ASB 412-15-165, and ASB 
412CF-15-57 contain procedures for inspecting and replacing engine oil 
check valve P/N 209-062-520-001. ASB 212-15-155, ASB 412-15-168, and 
ASB 412CF-15-59 contain procedures for inspecting and replacing fuel 
check valve P/N 209-062-607-001. Revision A of the service information 
clarifies that check valves identified with ``TQL'' are not affected by 
the ASB procedures.

FAA's Determination

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

AD Requirements

    This AD requires within 25 hours time-in-service (TIS), replacing 
each fuel check valve and each engine oil check valve. This AD also 
prohibits installing on any helicopter a check valve P/N 209-062-520-
001 or P/N 209-062-607-001 manufactured by Circor Aerospace, marked 
``Circle Seal'' and with a manufacturing date code of ``10/11'' 
(October 2011) through ``03/15'' (March 2015), except for a check valve 
marked ``TQL'' next to the manufacturing date code.

FAA's Justification and Determination of the Effective Date

    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 waiving notice and comment prior to adoption of this rule 
because we believe action is needed within 25 hours TIS, a short 
interval for helicopters used in firefighting and logging operations. 
Therefore, we find good cause that notice and opportunity for prior 
public comment are impracticable. In addition, for the reasons stated 
above, we find that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this final 
rule. Send your comments to an address listed under the ADDRESSES 
section. Include the docket number FAA-2018-0953 and product identifier 
2018-SW-079-AD at the beginning of your comments. We specifically 
invite comments on the overall regulatory, economic, environmental, and 
energy aspects of this final rule. We will consider all comments 
received by the closing date and may amend this final rule because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this final rule.

Costs of Compliance

    We estimate that this AD affects 186 (93 Model 212 and 93 Model 
412) helicopters of U.S. Registry. We estimate that operators will 
incur the following costs to comply with this AD:
    At an average labor rate of $85 per work-hour, replacing one check 
valve (engine oil or fuel) will require about 1 work-hour and a parts 
cost of $85. For replacing four valves (two engine oil valves and two 
fuel valves), we estimate

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a total cost of $680 per helicopter and $126,480 for the U.S. fleet.
    According to Bell's service information some of the costs of this 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage by Bell. 
Accordingly, we have included all costs in our cost estimate.

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.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends part 39 of the Federal Aviation 
Regulations (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 removing Airworthiness Directive (AD) 
2018-17-01, Amendment 39-19355 (83 FR 42205) and adding the following 
new AD:

2019-09-02 Bell Helicopter Textron, Inc. (Bell): Amendment 39-19636; 
Docket No. FAA-2018-0953; Product Identifier 2018-SW-079-AD.

(a) Effective Date

    This AD is effective June 4, 2019.

(b) Affected ADs

    This AD replaces AD 2018-17-01, Amendment 39-19355 (83 FR 42205, 
August 21, 2018).

(c) Applicability

    This AD applies to Bell Model 212, 412, 412CF, and 412EP 
helicopters, certificated in any category, with an engine oil check 
valve part number (P/N) 209-062-520-001 or fuel check valve P/N 209-
062-607-001 manufactured by Circor Aerospace, marked ``Circle Seal'' 
and with a manufacturing date code of ``10/11'' (October 2011) 
through ``03/15'' (March 2015), except a check valve marked ``TQL'' 
next to the manufacturing date code, installed.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Codes: 7900 Engine Oil System and 2800 Aircraft 
Fuel System.

(e) Unsafe Condition

    This AD defines the unsafe condition as a cracked or leaking 
check valve, which could result in loss of lubrication or fuel to 
the engine, failure of the engine or a fire, and subsequent loss of 
control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 25 hours time-in-service, replace each fuel check 
valve and each engine oil check valve.
    (2) After the effective date of this AD, do not install on any 
helicopter a check valve P/N 209-062-520-001 or P/N 209-062-607-001 
manufactured by Circor Aerospace, marked ``Circle Seal'' and with a 
manufacturing date code of ``10/11'' (October 2011) through ``03/
15'' (March 2015), except for a check valve marked ``TQL'' next to 
the manufacturing date code.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, DSCO Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
certification office, send it to the attention of the person 
identified in paragraph (i) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    For more information about this AD, contact Jurgen E. Priester, 
Aviation Safety Engineer, DSCO Branch, Compliance & Airworthiness 
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5159; email [email protected].

    Issued in Fort Worth, Texas, on May 1, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2019-10310 Filed 5-17-19; 8:45 am]
BILLING CODE 4910-13-P