[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59899-59900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23514]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0440; Project Identifier 2016-SW-077-AD]
RIN 2120-AA64


Airworthiness Directives; Scotts-Bell 47 Inc. (Type Certificate 
Previously Held by Bell Helicopter Textron Inc.) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM) 
that proposed to adopt a new airworthiness directive (AD) that would 
have applied to Scotts-Bell 47 Inc. (Scotts-Bell) (type certificate 
previously held by Bell Helicopter Textron Inc.) Model 47, 47B, 47B3, 
47D, 47D1, 47E, 47G, 47G-2, 47G-2A, 47G-2A-1, 47G-3, 47G-3B, 47G-3B-1, 
47G-3B-2, 47G-3B-2A, 47G-4, 47G-4A, 47G-5, 47G-5A, 47H-1, 47J, 47J-2, 
47J-2A, and 47K helicopters. The NPRM would have required repetitively 
inspecting and adjusting the throttle linkage. The NPRM was prompted by 
reports of the throttle linkage separating from the engine carburetor 
shaft, which could result in loss of throttle control. Since issuance 
of the NPRM, the FAA has determined, based upon the available 
information, that there is not an unsafe condition in the product that 
is likely to develop in other products of the same type design. 
Accordingly, the NPRM is withdrawn.

DATES: As of October 29, 2021 the proposed rule, which was published in 
the Federal Register on May 18, 2018 (83 FR 23240), is withdrawn.

ADDRESSES: 

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0440; 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 AD action, any comments received, and other information. The 
street address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Surinder Sangha, COS Program Manager, 
FAA, Chicago ACO Branch, Room 107, 2300 E Devon Ave., Des Plaines, IL 
60018; telephone 847-294-7010; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued an NPRM that proposed to amend 14 CFR part 39 by 
adding an AD that would have applied to certain Scotts-Bell Model 47, 
47B, 47B3, 47D, 47D1, 47E, 47G, 47G-2, 47G-2A, 47G-2A-1, 47G-3, 47G-3B, 
47G-3B-1, 47G-3B-2, 47G-3B-2A, 47G-4, 47G-4A, 47G-5, 47G-5A, 47H-1, 
47J, 47J-2, 47J-2A, and 47K helicopters. The NPRM published in the 
Federal Register on May 18, 2018 (83 FR 23240). The NPRM was prompted 
by reports of the throttle linkage separating from the engine 
carburetor shaft, which could result in loss of throttle control.
    In the NPRM, the FAA proposed to require repetitively inspecting 
and adjusting the throttle linkage. The proposed actions were intended 
to address separation of the throttle linkage from an engine carburetor 
shaft, which could result in loss of throttle control and subsequent 
forced landing of the helicopter.

Actions Since the NPRM Was Issued

    Since issuance of the NPRM, the FAA has not received any additional 
reports of the throttle linkage separating from the engine carburetor 
shaft. The FAA's assessment indicates that there have been few reports 
of the throttle linkage separating from the engine carburetor shaft in 
the more than 70-year operational history of the Model 47G-3B-1 
helicopter. In addition, the FAA determined that in this incident the 
throttle linkage separating from the engine carburetor shaft resulted 
from maintenance actions that did not follow the established 
maintenance standards and were not performed by a certified mechanic. 
Based on this information the FAA concluded that an unsafe condition 
does not exist on the identified Scotts-Bell helicopter models that is 
likely to develop in other products of the same type design. Therefore, 
the FAA has determined that AD action is not appropriate.
    Withdrawal of the NPRM constitutes only such action and does not 
preclude the FAA from further rulemaking on this issue, nor does it 
commit the FAA to any course of action in the future.

Comments

    The FAA gave the public the opportunity to comment on the NPRM and 
received several comments from Scott's-Bell 47, Inc. You may examine 
the comments received in the AD docket at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2018-0440.

Request To Expand the Applicability

    Scott's-Bell 47, Inc. requested that the applicability in the 
proposed AD be revised to include helicopter models that are listed in 
the ``Serial Numbers Eligible'' section of Type Certificate Data Sheets 
(TCDS) H-1, 2H1, and 2H3. The commenter noted that in the proposed AD 
only Scotts-Bell Model 47 helicopters are identified. The commenter 
stated that many other helicopter models are listed in TCDS H-1, 2H1, 
and 2H3 and provided an example that due to a conformity inspection 
TCDS H1 lists the Rebel Rotors serial number (S/N) B-101-R

[[Page 59900]]

helicopter as eligible to operate as a Model 47D1. The commenter 
explained that the Rebel Rotors S/N B-101-R helicopter is not a 
Scott's-Bell Model 47D1 helicopter, and as the proposed AD was written, 
would not be captured in the applicability, despite the fact that it 
likely had the same unsafe condition addressed in the proposed AD. The 
commenter suggested that the applicability be changed to mirror what is 
in the Scott's-Bell 47, Inc. service information ``All Helicopters 
listed on Type Certificate Data Sheets H-1, 2H1, and 2H3, which have 
Marvel Schebler carburetors models . . . installed.''
    The FAA acknowledges this comment to the NPRM. However, because the 
FAA is withdrawing the NPRM, the commenter's request is no longer 
necessary.

Request To Clarify the Compliance Time

    Scott's-Bell 47, Inc. also requested that the compliance time in 
paragraph (e)(3) of the proposed AD be revised to state ``Within 100 
hours time-in-service or at the next annual or 100-hour inspection, 
whichever occurs first, and thereafter any time the throttle linkage 
connection is disassembled.'' The commenter explained that, as written 
in the proposed AD, this compliance time does not address disassembly 
and, if disassembly were to occur after the first flight of the day and 
the helicopter was returned to service on the same day, the current 
wording would not require proper rigging to be performed for the second 
and subsequent flights of that day. The commenter suggested that its 
proposed wording would capture all variables and eliminate unnecessary 
re-rigging of the helicopter.
    The FAA acknowledges this comment to the NPRM. However, because the 
FAA is withdrawing the NPRM, the commenter's request is no longer 
necessary.

Request To Include Additional Required Actions

    Furthermore, Scott's-Bell 47, Inc. requested that paragraphs 
(e)(3)(i) and (ii) of the proposed AD be revised to include additional 
required actions. The commenter stated that paragraph (e)(3)(i) of the 
proposed AD requires operators to ``adjust and secure the throttle 
linkage as specified in Appendix 1 of the Scott's-Bell Maintenance and 
Overhaul Instructions Temporary Revision . . . .'' but other vital 
functions, including a functionality check after adjusting and 
securing, followed by applying anti-sabotage lacquer, are not included, 
and, therefore, would not be required. The commenter recommended that 
paragraph (e)(3)(i) be revised to ``Adjust, secure, perform 
functionality check, and apply anti-sabotage lacquer to the throttle 
linkage, as specified in Appendix 1 of the Scott's-Bell Maintenance and 
Overhaul Instructions Temporary Revision that is applicable to your 
helicopter, as listed in Table 1 of Scott's-Bell Alert Service Bulletin 
47-15-27 R1, dated November 1, 2016.''
    In regard to paragraph (e)(3)(ii) of the proposed AD, the commenter 
proposed that this paragraph be revised to state ``. . . and 47K 
helicopters, adjust, secure, perform functionality check and apply 
anti-sabotage lacquer to the throttle linkage using a method approved . 
. . .''
    The FAA acknowledges this comment to the NPRM. However, because the 
FAA is withdrawing the NPRM, the commenter's request is no longer 
necessary.

FAA's Conclusions

    Upon further consideration of the available information, the FAA 
has determined that the NPRM is unnecessary. Accordingly, the NPRM is 
withdrawn.

Regulatory Findings

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule. This action therefore is not covered under Executive 
Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

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

The Withdrawal

0
Accordingly, the notice of proposed rulemaking, Docket No. FAA-2018-
0440, which was published in the Federal Register on May 18, 2018 (83 
FR 23240), is withdrawn.

    Issued on October 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23514 Filed 10-28-21; 8:45 am]
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