[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Rules and Regulations]
[Pages 14153-14155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05378]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Rules 
and Regulations  

[[Page 14153]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0157; Project Identifier AD-2022-00193-R; 
Amendment 39-21969; AD 2022-06-03]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-02-02 
which applied to certain Bell Textron Inc. (type certificate previously 
held by Bell Helicopter Textron Inc.) Model 204B, 205A, 205A-1, 205B, 
210, and 212 helicopters with a certain main rotor hub strap pin (pin) 
installed. AD 2022-02-02 required removing certain outboard pins from 
service and prohibited installing them on any helicopter. This AD 
expands the applicability to all affected pins, regardless if they are 
outboard or inboard. This AD also requires inspecting the removed pin 
for any deformation and if it is deformed, removing the mating strap 
fitting (fitting) from service. This AD was prompted by the discovery 
that AD 2022-02-02 inadvertently limited its applicability to only 
outboard pins when, in fact, all pins are subject to the unsafe 
condition and the determination that a deformed pin may have damaged 
the fitting. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective March 16, 2022.
    The FAA must receive any comments on this AD by April 28, 2022.

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 above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact Bell 
Textron, Inc., P.O. Box 482, Fort Worth, TX, 76101; telephone (450) 
437-2862 or (800) 363-8023; fax (450) 433-0272; email 
[email protected]; or at https://www.bellflight.com/support/contact-support. 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-2022-0157; 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 street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Kuethe Harmon, Safety Management 
Program Manager, Certification & Program Management Section, DSCO 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone (817) 222-5198; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued Emergency AD 2021-15-51 on July 6, 2021, and it 
published as a Final rule; request for comments on August 9, 2021 as 
Amendment 39-21678 (86 FR 43406) (AD 2021-15-51). AD 2021-15-51 applied 
to Bell Textron Inc. Model 204B, 205A, 205A-1, 205B, and 212 
helicopters with a pin part number (P/N) 204-012-104-005 with a serial 
number (S/N) prefix ``FNFS'' installed. AD 2021-15-51 was prompted by a 
fatal accident of a Model 212 helicopter in which the affected pin 
sheared off during flight, resulting in the main rotor blade and the 
main rotor head detaching from the helicopter. The pin had accumulated 
only 20 total hours time-in-service (TIS). An inspection of a different 
Model 212 helicopter revealed that another pin installed, and made by 
the same manufacturer and with the same S/N prefix, was deformed; this 
pin had accumulated only 29 total hours TIS. Because an affected pin 
could also be installed on other helicopters, AD 2021-15-51 also 
applied to Model 204B, 205A, 205A-1, and 205B helicopters. Failure of a 
pin could result in the main rotor blade detaching from the helicopter 
and subsequent loss of control of the helicopter.
    After AD 2021-15-51 was issued, it was determined that an affected 
pin could also be installed on Model 210 helicopters. Therefore, the 
FAA issued superseding AD 2022-02-02 (87 FR 1668, January 12, 2022) (AD 
2022-02-02) which retained all of the requirements in AD 2021-15-51 and 
added Model 210 helicopters to the applicability. However, as 
published, the AD number in the regulatory text was incorrectly 
specified as FAA-2021-1003; the correct AD number was 2022-02-02. The 
FAA subsequently issued corrected AD 2022-02-02 (87 FR 7368, February 
9, 2022) to correct the AD number.

Actions Since AD 2022-02-02 Was Issued

    Since the FAA issued AD 2022-02-02, it was discovered that the word 
``outboard'' was inadvertently included in that AD's applicability, 
resulting in the possibility that corrective actions for the inboard 
pin may not be accomplished. Additionally, the FAA determined, after 
further review of the related service information, that inspecting the 
affected pin for any deformity and removing the fitting P/N 212-010-
103-ALL or 204-012-103-ALL from service is required to address the 
unsafe condition. The FAA is issuing this AD to address the unsafe 
condition on these products.

[[Page 14154]]

FAA's Determination

    The FAA is issuing this AD because the agency determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type designs.

Related Service Information

    The FAA reviewed Bell Alert Service Bulletins (ASBs), each Revision 
A and dated July 22, 2021:
     ASB 204B-21-74 for Model 204B helicopters, S/Ns 2001 
through 2070 and 2196 through 2199;
     ASB 205-21-117 for Model 205A and 205A-1 helicopters, S/Ns 
30001 through 30065, 30067 through 30165, 30167 through 30187, 30189 
through 30296, and 30298 through 30332;
     ASB 205B-21-71 for Model 205B helicopters, S/Ns 30066, 
30166, 30188, and 30297;
     ASB 210-21-14 for all Model 210 helicopters, and
     ASB 212-21-165 for Model 212 helicopters, S/Ns 30501 
through 30999, 31101 through 31311, 32101 through 32142, and 35001 
through 35103.
    The ASBs specify removing all P/N 204-012-104-005 pins with an S/N 
prefix ``FNFS'' before further flight. The ASBs also specify inspecting 
removed pins for deformation and scrapping the fitting, P/N 212-010-
103-ALL or 204-012-103-ALL, if the pin is deformed. The ASBs also 
specify that, although the investigation is still in progress, removing 
these pins from service is required. The ASBs state that these pins may 
not have been manufactured in accordance with the engineering design 
requirements and may therefore shear as a result of this 
nonconformance.

AD Requirements

    This AD requires, before further flight, removing from service each 
pin P/N 204-012-104-005 with an S/N prefix ``FNFS'' and inspecting it 
for any deformation. If there is any deformation, this AD also requires 
removing the fitting from service before further flight. Finally, this 
AD prohibits installing the affected pin on any helicopter as of the 
effective date of this AD.

Interim Action

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

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 an affected pin was involved in a fatal accident in which the 
pin sheared off during flight, resulting in the main rotor blade and 
the main rotor head detaching from the helicopter. That pin had 
accumulated only 20 total hours TIS. An additional investigation 
revealed that another pin installed on a different helicopter and made 
by the same manufacturer and with the same S/N prefix was deformed. 
This pin had accumulated only 29 total hours TIS. The wording in AD 
2022-02-02 could have caused an inboard pin with the same part number 
and S/N prefix, which is subject to the same unsafe condition, to be 
left in service. Failure of an affected pin could occur at any time 
without any previous indication, which could result in the failure of 
parts critical to the control of the helicopter. Thus, an urgent unsafe 
condition exists and corrective actions must be accomplished before 
further flight.
    Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B). In addition, the FAA finds that good cause exists 
pursuant to 5 U.S.C. 553(d) for making this amendment effective in less 
than 30 days, for the same reasons the FAA found good cause to forgo 
notice and comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0157 and Project Identifier AD 
2022-00193-R'' 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 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 
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 final rule.

Confidential Business Information

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

Regulatory Flexibility Act

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

Costs of Compliance

    The FAA estimates that this AD affects 155 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.
    Replacing up to four pins takes about 20 work-hours and parts cost 
about $1,756 for four pins for an estimated cost of up to $3,456 per 
helicopter, and up to $535,680 for the U.S. fleet.

[[Page 14155]]

    Replacing up to 4 fittings takes about 2 work-hours and parts cost 
about $14,400 for an estimated cost of up to $14,570 per helicopter, 
and up to $2,258,350 for the U.S. fleet.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals.

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 above, 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 (AD) 2022-02-02, Amendment 39-21899 
(87 FR 1668, January 12, 2022; corrected 87 FR 7368, February 9, 2022); 
and
0
b. Adding the following new AD:

2022-06-03 Bell Textron Inc. (Type Certificate Previously Held by 
Bell Helicopter Textron Inc.: Amendment 39-21969; Docket No. FAA-
2022-0157; Project Identifier AD-2022-00193-R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 16, 2022.

(b) Affected ADs

    This AD replaces AD 2022-02-02, Amendment 39-21899 (87 FR 1668, 
January 12, 2022) and corrected as AD 2022-02-02, Amendment 39-21899 
(87 FR 7368, February 9, 2022).

(c) Applicability

    This AD applies to Bell Textron Inc. (type certificate 
previously held by Bell Helicopter Textron Inc.) Model 204B, 205A, 
205A-1, 205B, 210, and 212 helicopters, certificated in any 
category, with a main rotor hub strap pin (pin) part number 204-012-
104-005 with a serial number prefix ``FNFS'' installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6200, Main Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by a fatal accident in which a pin sheared 
off during flight, which resulted in the main rotor blade and the 
main rotor head detaching from the helicopter. The FAA is issuing 
this AD to address this unsafe condition and prevent loss of control 
of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Before further flight after the effective date of this AD, 
remove from service any pin that is identified in paragraph (c) of 
this AD and inspect it for any deformity. If the pin is deformed, 
remove from service the mating strap fitting (P/N 212 -010-103-ALL 
or 204-012-103-ALL).
    (2) As of the effective date of this AD, do not install any pin 
that is identified in paragraph (c) of this AD on any helicopter.

(h) Special Flight Permit

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, DSCO Branch, Compliance & Airworthiness 
Division, 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 DSCO Branch, send it to 
the attention of the person identified in paragraph (j) 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.

(j) Related Information

    For more information about this AD, contact Kuethe Harmon, 
Safety Management Program Manager, Certification & Program 
Management Section, DSCO Branch, Compliance & Airworthiness 
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5198; email [email protected].

(k) Material Incorporated by Reference

    None.

    Issued on March 4, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-05378 Filed 3-10-22; 11:15 am]
BILLING CODE 4910-13-P