[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Rules and Regulations]
[Pages 16388-16390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05916]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0713; Project Identifier AD-2021-00180-R; 
Amendment 39-21990; AD 2022-07-03]
RIN 2120-AA64


Airworthiness Directives; Bell Textron Inc., Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Bell Textron Inc., Model 412, 412EP, and 412CF helicopters. This AD was 
prompted by evaluation results showing flight loads that impact the 
collective lever fatigue life. This AD requires adding a permanent 
hours time-in-service (TIS) penalty for certain collective levers and 
prohibits installing those collective levers unless the permanent hours 
TIS penalty has been added. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective April 27, 2022.

ADDRESSES: For service information identified in this final rule, 
contact Bell Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, United 
States; phone 1-450-437-2862 or 1-800-363-8023; fax 1-450-433-0272; 
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-2021-0713; 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 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: Hye Yoon Jang, Aerospace Engineer, 
Delegation Oversight Section, DSCO Branch, Compliance & Airworthiness 
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5190; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Bell Textron Inc., 
Model 412, 412EP, and 412CF helicopters. The NPRM published in the 
Federal Register on August 27, 2021 (86 FR 48078). The NPRM was 
prompted by the results of an evaluation of BLR Aerospace Strake and 
FastFin (Strake and FF) system part number (P/N) 412-705-040-101. The 
NPRM stated that during the evaluation, additional flight loads were 
recorded that impact the collective lever fatigue life. Accordingly, 
the NPRM proposed to require adding a permanent life penalty for 
affected collective levers and prohibit installing those collective 
levers unless the permanent life penalty has been added. This 
condition, if not addressed, could result in fatigue damage and 
cracking, failure of the collective lever, and subsequent loss of 
control of the helicopter. The FAA is issuing this AD to address the 
unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter; Bell Textron, Inc. 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request for a Change to Nomenclature

    Bell Textron, Inc., requested the FAA revise the penalty 
nomenclature from ``life penalty'' to ``flight hour penalty'' 
throughout the AD action. Bell Textron, Inc., stated that the penalty 
is only applied to hours TIS and that the life remains unchanged.
    The FAA partially agrees. The FAA agrees to changing the 
nomenclature; however, the nomenclature typically used in rotorcraft 
FAA AD actions for domestic products is ``hours TIS'' (or ``total hours 
TIS'') instead of flight hours (or total flight hours). The FAA has 
revised that nomenclature accordingly in this final rule.

Request for a Change to the Description of What Prompted This AD

    Bell Textron, Inc., requested the FAA clarify the description of 
what prompted this AD; specifically that during the evaluation, the 
additional flight loads

[[Page 16389]]

that impact the collective lever fatigue life is for helicopters with 
the Strake and FF system installed.
    The FAA agrees and has revised this final rule accordingly.

Request for Changes to the Preamble

    Bell Textron, Inc., requested the FAA make revisions to the 
Proposed AD Requirements in This NPRM section.
    The FAA acknowledges this comment; however, because this section 
does not exist in a final rule after an NPRM, the commenter's request 
does not apply.
    Bell Textron, Inc., requested the FAA make revisions to the 
Differences Between This Proposed AD and the Service Information 
section.
    The FAA acknowledges this comment; however, the specified 
difference has been deleted because of a certain other change. In light 
of this, the commenter's request no longer applies.

Requests for Changes to the Notes

    Bell Textron, Inc., requested the FAA revise Note 1 to paragraph 
(g)(1)(i) to clarify that the specified serial-numbered helicopters 
require the flight hour (hours TIS) penalty after delivery.
    The FAA partially agrees. The FAA agrees to clarify that the 
specified serial numbers are identified as needing the penalty applied. 
Accordingly, the FAA has revised Note 1 to paragraph (g)(1)(i) in this 
final rule to identify the specified serial numbers as being originally 
delivered with a Strake and FF system installed and needing the flight 
hour (hours TIS) penalty on collective lever P/N 412-010-408-101 
applied.
    Bell Textron, Inc., requested the FAA delete Note 2 to paragraph 
(g)(1)(ii) because it would be redundant with incorporation of changes 
to the required actions it requested pertaining to helicopters with a 
Strake and FF system P/N 412-705-040-101 installed after delivery from 
the manufacturer.
    The FAA agrees and has deleted Note 2 to paragraph (g)(1)(ii) in 
this final rule.

Requests for Changes to the Required Actions

    Bell Textron, Inc., requested the FAA make changes to the penalty 
calculation requirement for helicopters with a Strake and FF system P/N 
412-705-040-101 installed after delivery from the manufacturer because 
the calculation needs to provide the remaining time for those affected 
collective levers.
    The FAA agrees and has revised that requirement in this final rule.
    Bell Textron, Inc., requested the FAA delete the penalty 
requirement for helicopters without a Strake and FF system P/N 412-705-
040-101 installed because the evaluation results did not show grounds 
for a flight hour penalty for those helicopters, and according to Bell 
Textron, Inc., requiring the penalty would create unreasonable economic 
losses resulting from premature replacement of the collective lever.
    The FAA agrees and has revised this final rule accordingly.
    Bell Textron, Inc., requested the FAA revise the prohibition of 
installing a new (zero total hours TIS) collective lever P/N 412-010-
408-101 to clarify that the prohibition requirement is for helicopters 
with a Strake and FF system P/N 412-705-040-101 installed because a 
penalty of 5,000 hours TIS is not justified for a new (zero total hours 
TIS) collective lever P/N 412-010-408-101 installed on a baseline 
configuration aircraft (without a Strake and FF system).
    The FAA agrees and has revised this final rule accordingly.
    Bell Textron, Inc., requested the FAA delete the prohibition of 
installing a used collective lever P/N 412-010-408-101 due to flight 
evaluation results that do not support flight hour penalty to the 
collective lever PN 412-010-408-101 on a baseline configuration.
    The FAA agrees and has revised this final rule accordingly.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for minor editorial changes, and 
any other changes described previously, this AD is adopted as proposed 
in the NPRM. None of the changes will increase the economic burden on 
any operator.

Related Service Information

    The FAA reviewed Bell Helicopter Alert Service Bulletin 412-12-151, 
Revision A, dated July 8, 2014. This service information specifies 
procedures for adding a permanent flight hour (hours TIS) penalty for 
collective levers installed or previously installed on helicopters with 
a Strake and FF system P/N 412-705-040-101.

Differences Between This AD and the Service Information

    The service information specifies adding the permanent life penalty 
at the next scheduled inspection, whereas this AD requires that action 
within 50 hours TIS after the effective date of this AD instead.

Costs of Compliance

    The FAA estimates that this AD affects 96 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 a collective lever takes about 2 work-hours and parts 
cost about $18,237, for an estimated cost of $18,407 per helicopter and 
up to $1,767,072 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 above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 16390]]

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 adding the following new airworthiness 
directive:

2022-07-03 Bell Textron Inc.: Amendment 39-21990; Docket No. FAA-
2021-0713; Project Identifier AD-2021-00180-R.

(a) Effective Date

    This airworthiness directive (AD) is effective April 27, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Inc., Model 412, 412EP, and 
412CF helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2700, Flight 
Control System.

(e) Unsafe Condition

    This AD was prompted by evaluation results showing flight loads 
that impact the collective lever fatigue life on helicopters with a 
BLR Aerospace Strake and FastFin (Strake and FF) system installed. 
The FAA is issuing this AD to prevent fatigue damage and cracking, 
which could result in failure of the collective lever 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 50 hours time-in-service (TIS) after the effective 
date of this AD:
    (i) For helicopters with a Strake and FF system part number (P/
N) 412-705-040-101 installed since initial delivery from the 
manufacturer, add a permanent penalty of 5,000 hours TIS to the 
total hours TIS indicated on the component history card or 
equivalent record for the collective lever P/N 412-010-408-101.
    Note 1 to paragraph (g)(1)(i): Bell Helicopter service 
information identifies helicopters with serial numbers 36570, 36579, 
36587, and 36593 through 36602 inclusive, as being originally 
delivered with a Strake and FF system installed and needing the 
flight hour (hours TIS) penalty on collective lever P/N 412-010-408-
101 applied.
    (ii) For helicopters with Strake and FF system P/N 412-705-040-
101 installed after delivery from the manufacturer, calculate the 
TIS penalty for collective lever P/N 412-010-408-101 by 
accomplishing the following:
    (A) Verify the component history card or equivalent record of 
the collective lever and note the total hours TIS.
    (B) Determine the remaining hours TIS by subtracting the total 
hours TIS of the collective lever from its life limit of 10,000 
total hours TIS.
    (C) Divide the remaining time by 2 and add that number to the 
existing total hours TIS. This is the new total TIS after being 
penalized.
    (D) Enter the new total TIS after being penalized from paragraph 
(g)(1)(ii)(C) of this AD to the component history record or 
equivalent record for the collective lever.
    (2) Before further flight, remove from service any collective 
lever P/N 412-010-408-101 that has reached or exceeded its life 
limit of 10,000 total hours TIS. Thereafter, remove from service 
each collective lever P/N 412-010-408-101 on or before reaching its 
life limit of 10,000 total hours TIS.
    (3) As of the effective date of this AD, do not install a new 
(zero total hours TIS) collective lever P/N 412-010-408-101 on any 
helicopter with Strake and FF system P/N 412-705-040-101 installed 
unless a penalty of 5,000 hours TIS has been added to the total 
hours TIS on its component history card or equivalent record.
    (4) As of the effective date of this AD, do not install a used 
collective lever P/N 412-010-408-101 on any helicopter with Strake 
and FF system P/N 412-705-040-101 installed unless a penalty is 
calculated by accomplishing the actions required in paragraph 
(g)(1)(ii) of this AD.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) 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 (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 Hye Yoon Jang, 
Aerospace Engineer, Delegation Oversight Section, DSCO Branch, 
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone (817) 222-5190; email 
[email protected].

(k) Material Incorporated by Reference

    None.

    Issued on March 16, 2022.
Derek Morgan,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-05916 Filed 3-22-22; 8:45 am]
BILLING CODE 4910-13-P