[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Proposed Rules]
[Pages 14020-14023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05149]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25084; Project Identifier 2005-SW-38-AD]
RIN 2120-AA64


Airworthiness Directives; Bell Textron Canada Limited (Type 
Certificate Previously Held by Bell Helicopter Textron Canada Limited) 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: The FAA is reopening the comment period for an earlier 
proposed rulemaking (NPRM) for certain Bell Textron Canada Limited 
(type certificate previously held by Bell Helicopter Textron Canada 
Limited) Model 206L series helicopters. The NPRM proposed to require 
replacing certain low fuel level detector switch units (switch units) 
and testing certain other switch units to determine if replacement is 
required. The NPRM was prompted by a manufacturing flaw that could 
cause the switch units to hang in the high position and fail to 
indicate a low fuel condition. This action reopens the comment period 
because a significant amount of time has elapsed since the NPRM was 
published. This action also revises the NPRM by updating the type 
certificate holder's name, updating the estimated cost information, 
clarifying and expanding the applicability, clarifying the 
requirements, adding a compliance time, and adding parts installation 
prohibitions. The FAA is proposing this airworthiness directive (AD) to 
address the unsafe condition on these products. Since these actions 
would impose an additional burden over those in the NPRM, the agency is 
requesting comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by April 26, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this SNPRM, contact Bell 
Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4; 
telephone (450) 437-2862 or (800) 363-8023; fax (450) 433-0272; or at 
https://www.bellcustomer.com. You may view this service information at 
the FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on 
the availability of this material at the FAA, call (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2006-25084; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains the NPRM, this SNPRM, 
the Transport Canada AD, any comments received, and other information. 
The street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2006-25084; Project 
Identifier 2005-SW-38-AD'' at the beginning of your comments. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. The 
FAA will consider all comments received by the closing date and may 
again revise this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing

[[Page 14021]]

CBI should be sent to Hal Jensen, Aerospace Engineer, Operational 
Safety Branch, FAA, 950 L'Enfant Plaza N SW, Washington, DC 20024; 
telephone (202) 267-9167; 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 an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to Bell Helicopter Textron, Inc., Model 206L series 
helicopters with a switch unit part number 206-063-613-003, serial 
numbers (S/Ns) 1413, 1414, 1415, 1424, 1428, 1430, 1432, and 1433, 
installed. The NPRM published in the Federal Register on June 22, 2006 
(71 FR 35836). In the NPRM, the FAA proposed to require inspecting the 
switch unit to determine if it is an affected serial-numbered switch 
unit and replacing each affected switch unit with an airworthy switch 
unit that has an S/N other than those listed in the applicability. If 
the S/N is missing or unreadable; the mounting flange of the switch 
unit is not colored red; and the purchase date of the switch unit is 
between April 19 and July 26, 2004, or could not be determined, the 
NPRM proposed to require an operational test. If the switch unit failed 
the operational test, the NPRM proposed to require replacing the switch 
unit with an airworthy switch unit that has an S/N other than those 
listed in the applicability. The NPRM was prompted by Canadian AD CF-
2004-24, dated November 24, 2004, issued by Transport Canada, which is 
the aviation authority for Canada, to correct an unsafe condition for 
Model 206L series helicopters. Transport Canada advised that eight low 
fuel level detectors of listed S/Ns may have been installed on Model 
206L series helicopters. These detectors could hang in the high 
position and fail to indicate the low fuel condition. Accordingly, 
Transport Canada advised removing the affected switch units from 
service.

Actions Since the NPRM Was Issued

    Since the NPRM was issued, a significant amount of time has elapsed 
requiring the FAA to reopen the comment period to allow the public a 
chance to comment on the proposed actions.
    The NPRM also inadvertently identified the type certificate 
holder's name as, ``Bell Helicopter Textron Canada'' and ``Bell 
Helicopter Textron, Inc.'' instead of the correct name of ``Bell 
Helicopter Textron Canada Limited.'' Additionally, since the FAA issued 
the NPRM, Bell Helicopter Textron Canada Limited has changed its name 
to Bell Textron Canada Limited. This SNPRM reflects those changes and 
updates the contact information to obtain service documents. This SNPRM 
also updates the estimated cost information.
    Additional review also revealed necessary changes to address the 
unsafe condition. This SNPRM proposes to clarify the applicability by 
identifying the specific model helicopters in the series that are 
applicable, clarify affected model designations, expand the 
applicability by adding switch units with a missing or illegible S/N or 
with an S/N that cannot be determined, add a compliance time that was 
missing in the NPRM, and add parts installation prohibitions. This 
SNPRM also updates the AD format. As a result, paragraph identifiers 
have changed, the proposed requirements have been revised by removing 
unnecessary information, and the information in a figure has changed to 
a note.
    Lastly, the FAA's Aircraft Certification Service has changed its 
organizational structure. The new structure replaces product 
directorates with functional divisions. The FAA has revised some of the 
office titles and nomenclature throughout this proposed AD to reflect 
the new organizational changes. Additional information about the new 
structure can be found in the Notice published on July 25, 2017 (82 FR 
34564).

Comments

    The following discussion presents the comments received on the NPRM 
and the FAA's response.

Request

    The Modification and Replacement Parts Association comments in 
support of replacing certain defective switch units with airworthy 
switch units. However, the Modification and Replacement Parts 
Association stated that specifying the particular part that must be 
installed conflicts with 14 CFR 21.303 by invalidating previous 
approvals under parts manufacturer approval (PMA) and prohibiting the 
development, manufacture, and installation of PMA parts designed to be 
free of the noted defects. In light of this, the Modification and 
Replacement Parts Association requested allowing equivalent replacement 
parts to correct the unsafe condition under PMA (other than 
identicality) in the AD.
    The FAA agrees and has changed instances of replacing an affected 
switch unit with an airworthy switch unit that does not have a serial 
number listed in the applicability. This SNPRM proposes to require 
removing affected switch units from service instead. It is assumed that 
an approved and airworthy part will be installed in order to return the 
helicopter to service.

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 AD. The FAA is proposing this AD after determining the 
unsafe condition described previously is likely to exist or develop in 
other helicopters of the same type designs. Certain changes described 
above expand the scope of the NPRM. As a result, it is necessary to 
reopen the comment period to provide additional opportunity for the 
public to comment on this SNPRM.

Related Service Information

    The FAA reviewed Bell Helicopter Textron Alert Service Bulletin No. 
206L-04-132, Revision A, dated October 4, 2004. This service 
information specifies procedures for determining whether any of eight 
specified serial-numbered detector switch units are installed because 
they may fail to indicate a low fuel condition. If the S/N is missing 
or unreadable, the service information specifies inspecting the switch 
unit to determine if it is an affected switch unit. The service 
information also specifies removing each affected switch unit.

Proposed AD Requirements in This SNPRM

    This proposed AD would require removing certain switch units from 
service and prohibit installing those switch units.
    This proposed AD would also require accomplishing an operational 
test of certain other switch units, and if the operational test fails, 
removing the switch unit from service. This proposed AD would also 
prohibit installing those certain other switch units unless they pass 
an operational test.

Differences Between This SNPRM and the Transport Canada AD

    This proposed AD applies to switch units with a missing or 
illegible S/N or with an S/N that cannot be determined, and requires 
certain actions for those switch units, whereas the Transport Canada AD 
does not.

[[Page 14022]]

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect up to 558 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 proposed AD.
    Replacing a switch unit would take about 4 work-hours and parts 
would cost about $921 for an estimated cost of $1,261 per switch unit 
and up to $703,638 for the U.S. fleet. Accomplishing an operational 
test would take about 4 work-hours for an estimated cost of $340 per 
switch unit and up to $189,720 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Bell Textron Canada Limited (Type Certificate Previously Held by 
Bell Helicopter Textron Canada Limited): Docket No. FAA-2006-25084; 
Project Identifier 2005-SW-38-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by April 26, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Canada Limited (type certificate 
previously held by Bell Helicopter Textron Canada Limited) Model 
206L, 206L-1, 206L-3, and 206L-4 helicopters, certificated in any 
category, with a low fuel level detector switch unit (switch unit) 
part number (P/N) 206-063-613-003:
    (1) With a switch unit serial number (S/N) 1413, 1414, 1415, 
1424, 1428, 1430, 1432, or 1433 installed, or
    (2) With a missing or illegible switch unit S/N or if the S/N 
cannot be determined, installed.

    Note 1 to paragraph (c): Helicopters with a 206L-1+ designation 
are Model 206L-1 helicopters. Helicopters with a 206L-3+ designation 
are Model 206L-3 helicopters.


    Note 2 to paragraph (c): The switch unit is located on the aft 
fuel boost pump assembly. The P/N and S/N for the switch unit could 
be on the outside face of the attachment flange, in the cross 
hatched area of the switch unit.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2842, Fuel 
Quantity Sensor.

(e) Unsafe Condition

    This AD was prompted by a manufacturing flaw that could cause a 
switch unit to hang in the high position and fail to indicate a low 
fuel condition. The FAA is issuing this AD to prevent failure of the 
switch unit to indicate a low fuel condition that could lead to fuel 
exhaustion and which if not addressed, could result in a subsequent 
forced landing.

(f) Compliance

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

(g) Required Actions

    (1) For a switch unit identified in paragraph (c)(1) of this AD, 
on or before the next 100-hour time-in-service inspection after the 
effective date of this AD, remove the switch unit from service.
    (2) For a switch unit identified in paragraph (c)(2) of this AD, 
on or before the next 100-hour time-in-service inspection after the 
effective date of this AD:
    (i) Determine the color of the switch unit mounting flange. If 
the mounting flange color is any color other than red, determine the 
purchase date. If the purchase date of the switch unit is between 
April 19 and July 26, 2004, or cannot be determined, do an 
operational test.
    (ii) If the switch unit fails the operational test, before 
further flight, remove the switch unit from service.
    (3) As of the effective date of this AD, do not install a switch 
unit identified in paragraph (c)(1) of this AD on any helicopter.
    (4) As of the effective date of this AD, do not install a switch 
unit identified in paragraph (c)(2) of this AD on any helicopter 
unless the actions in paragraphs (g)(2)(i) and (ii) of this AD have 
been accomplished.

(h) 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 (i)(1) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, FAA, 950 L'Enfant 
Plaza N SW, Washington, DC 20024; telephone (202) 267-9167; email 
[email protected].
    (2) For service information identified in this AD, contact Bell 
Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec 
J7J1R4; telephone (450) 437-2862 or (800) 363-8023; fax (450) 433-
0272; or at https://www.bellcustomer.com. You may view this 
referenced 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.

[[Page 14023]]

    (3) The subject of this AD is addressed in Transport Canada AD 
CF-2004-24, dated November 24, 2004. You may view the Transport 
Canada AD on the internet at https://www.regulations.gov in the AD 
Docket.

    Issued on March 8, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-05149 Filed 3-11-21; 8:45 am]
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