[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Rules and Regulations]
[Pages 79794-79798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28315]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1658; Project Identifier MCAI-2022-01597-R; 
Amendment 39-22293; AD 2022-27-08]
RIN 2120-AA64


Airworthiness Directives; Bell Textron Canada Limited Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bell Textron Canada Limited Model 407 helicopters. This AD was 
prompted by

[[Page 79795]]

an accident. This AD requires inspecting the tailboom attachment 
structure, as specified in a Transport Canada AD, which is incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD becomes effective January 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 12, 
2023.
    The FAA must receive comments on this AD by February 13, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1658; 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 listed above.
    Material Incorporated by Reference:
     For Transport Canada material that is incorporated by 
reference in this final rule, contact Transport Canada, Transport 
Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, 
Ontario, K1A 0N5, CANADA; telephone 888-663-3639; email 
[email protected]; 
internet tc.canada.ca/en/aviation. You may find the Transport Canada 
material on the Transport Canada website at tc.canada.ca/en/aviation.
     You may view this material 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. It is also available at 
regulations.gov under Docket No. FAA-2022-1658.
    Other Related Service Information: For Bell service information 
identified in this final rule, contact Bell Textron Canada Limited, 
12,800 Rue de l'Avenir, Mirabel, Quebec J7J 1R4, Canada; telephone 1-
450-437-2862 or 1-800-363-8023; fax 1-450-433-0272; email 
[email protected]; or at bellflight.com/support/contact-support. You may also view this service information at the FAA contact 
information under Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2022-68, dated December 15, 2022 
(Transport Canada AD CF-2022-68), following issuance of National 
Transportation Safety Board (NTSB) Aviation Accident Preliminary Report 
Number ANC22FA041, to correct an unsafe condition for certain serial-
numbered Bell Textron Canada Limited Model 407 helicopters.
    This AD was prompted by an accident. The FAA is issuing this AD to 
address failure of the tailboom attachment hardware. See Transport 
Canada AD CF-2022-68 for additional background information.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2022-68 requires checking (inspecting) the 
torque on the tailboom attachment nuts and depending on the results, 
replacing parts with new parts and stabilizing the torque. Transport 
Canada AD CF-2022-68 also requires a detailed visual inspection of the 
existing sealant application of the aft fuselage attachment fittings 
and depending on the results, removing the sealant, accomplishing a 
detailed visual inspection of the tailboom attachment structure 
(fittings, aft frames, aft fuselage bulkhead, aft section of the canted 
web, tailboom canted bulkhead, and upper and lower tailboom longerons), 
repair, and reapplying sealant. If the detailed visual inspection of 
the tailboom attachment structure was not required as a result of the 
existing sealant application inspection, Transport Canada AD CF-2022-68 
also requires accomplishing the detailed visual inspection of the 
tailboom attachment structure and depending on the results, repair. 
Transport Canada AD CF-2022-68 prohibits installing a tailboom until 
inspection of the security of the shims on the forward face of the 
tailboom bulkhead and elongation of the four bolt holes in the tailboom 
and fuselage fittings, and any repair, is accomplished. Lastly, 
Transport Canada AD CF-2022-68 requires reporting information to Bell.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA also reviewed Bell Alert Service Bulletin 407-22-128, dated 
December 8, 2022. This service information specifies procedures for 
checking (inspecting) the torque of the aft fuselage attachment nuts 
and depending on the results, replacing parts with new parts, retaining 
the removed parts for further investigation by Bell, stabilizing the 
torque, applying corrosion preventive compound, and recording 
information. This service information also specifies, using a powerful 
light and mirror, inspecting the existing sealant application of the 
aft fuselage attachment fittings and depending on the results, removing 
the sealant, accomplishing a detailed visual inspection of the tailboom 
attachment structure (fittings, the aft frames, aft fuselage bulkhead, 
aft section of the canted web, the tailboom canted bulkhead, and upper 
and lower longerons), repair, reapplying sealant, and recording 
information. For tailbooms that are not installed on a helicopter, this 
service information specifies procedures for ensuring that the four 
shims are securely bonded in position on the forward face of the 
tailboom bulkhead, examining the four bolt holes in the tailboom and 
fuselage fittings for elongation, discarding certain removed parts, 
examining certain other parts, replacing parts, and recording 
information. Lastly, this service information specifies procedures for 
reporting the previously recorded information to Bell.

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 issuing this AD after evaluating all 
pertinent information and determining that the unsafe condition exists 
and is likely to

[[Page 79796]]

exist or develop on other helicopters of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in Transport 
Canada AD CF-2022-68, described previously, as IBRed, except for any 
differences identified as exceptions in the regulatory text of this AD 
and except as discussed under ``Differences Between this AD and the 
Transport Canada AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
Transport Canada AD CF-2022-68 is IBRed in this FAA final rule. This 
AD, therefore, requires compliance with Transport Canada AD CF-2022-68 
in its entirety through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this AD. Using 
common terms that are the same as the heading of a particular section 
in Transport Canada AD CF-2022-68 does not mean that operators need 
comply only with that section. For example, where the AD requirement 
refers to ``all required actions and compliance times,'' compliance 
with this AD requirement is not limited to the section titled 
``Corrective Actions'' in Transport Canada AD CF-2022-68. Service 
information referenced in Transport Canada AD CF-2022-68 for compliance 
will be available at regulations.gov under Docket No. FAA-2022-1658 
after this final rule is published.

Differences Between This AD and the Transport Canada AD

    Transport Canada AD CF-2022-68 requires torque checks, whereas this 
AD requires torque inspections because those actions must be 
accomplished by a mechanic that meets the requirements of 14 CFR part 
65 subpart D. Transport Canada AD CF-2022-68 requires retaining removed 
parts for further investigation by Bell, whereas this AD does not 
include that requirement. However, operators may choose to retain the 
parts for further investigation by Bell as this AD does not prohibit an 
operator from doing so. Transport Canada AD CF-2022-68 does not specify 
the compliance time to accomplish the repetitive (stabilization) torque 
checks (inspections) in its AD, whereas this AD does. Transport Canada 
AD CF-2022-68 requires contacting Bell Product Support Engineering for 
a repair or instructions to rectify any defect, whereas this AD 
requires a repair done in accordance with a certain approval. Lastly, 
Transport Canada AD CF-2022-68 specifies to report inspection results 
within 30 days, whereas this AD requires reporting inspection results 
within 10 days instead.

Interim Action

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

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 the tailboom attachment hardware was involved in an accident 
where the tailboom attachment hardware failed during flight, resulting 
in the tailboom separating from the helicopter and loss of control of 
the helicopter. Failure of the tailboom attachment hardware could occur 
during any phase of flight without any previous indication. As the FAA 
has no information pertaining to the extent of this condition of the 
tailboom attachment hardware that may currently exist in helicopters or 
how quickly the condition may propagate to failure, the compliance time 
to complete the required inspections is within 25 hours time-in-service 
or 30 days, whichever occurs first, which is shorter than the time 
necessary for the public to comment and for publication of the final 
rule. 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 forego 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-2022-1658; Project Identifier MCAI-
2022-01597-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 
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 Kristi 
Bradley, Program Manager, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected]. Any commentary that the FAA receives that is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

[[Page 79797]]

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 839 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.
    Torque inspecting the tailboom attachment hardware, and visually 
inspecting the sealant and the tailboom attachment structure takes 
about 2 work-hours for an estimated cost of $170 per helicopter and 
$142,630 for the U.S. fleet. If required, replacing a bolt and nut set 
takes about 2 work-hours and parts cost about $170 for an estimated 
cost of $340 per replacement. Stabilizing the torque takes about 1 
work-hour for an estimated cost of $85 per instance. The FAA has no 
data to determine the costs to accomplish approved repairs. Reporting 
information takes about 1 work-hour for an estimated cost of $85 per 
helicopter and $71,315 for the U.S. fleet.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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, 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 adding the following new airworthiness 
directive:

2022-27-08 Bell Textron Canada Limited: Amendment 39-22293; Docket 
No. FAA-2022-1658; Project Identifier MCAI-2022-01597-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 12, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Canada Limited Model 407 
helicopters serial numbers 53000 through 53900 inclusive, 53911 
through 53999 inclusive, 54000 through 54166 inclusive, 54300 
through 54800 inclusive, 54805 through 54954 inclusive, 54956 
through 54997 inclusive, 54999, and 56300 through 56304 inclusive, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5302, Rotorcraft 
Tail Boom.

(e) Unsafe Condition

    This AD was prompted by an accident. The FAA is issuing this AD 
to address failure of the tailboom attachment hardware. The unsafe 
condition, if not addressed, could result in separation of the 
tailboom from the helicopter and subsequent loss of control of the 
helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Transport Canada AD CF-2022-68, dated December 15, 
2022 (Transport Canada AD CF-2022-68).

(h) Exceptions to Transport Canada AD CF-2022-68

    (1) Where Transport Canada AD CF-2022-68 requires compliance in 
terms of hours air time, this AD requires using hours time-in-
service (TIS).
    (2) Where Transport Canada AD CF-2022-68 refers to its effective 
date, this AD requires using the effective date of this AD.
    (3) Where paragraph A. of Transport Canada AD CF-2022-68 refers 
to torque checks, this AD requires torque inspections.
    (4) Where the service information referenced in paragraph A. of 
Transport Canada AD CF-2022-68 specifies to retain removed parts for 
further investigation, this AD does not include that requirement.
    (5) Where paragraph A. of Transport Canada AD CF-2022-68 
specifies to ``carry out the repetitive torque check of the tailboom 
attachment nuts at all four locations in accordance with the 
applicable ASB until the torque has stabilized;'' for this AD, 
accomplish that torque inspection after accumulating 1 hour TIS, but 
not to exceed 5 hours TIS, after replacing each affected bolt and 
nut set. If the torque on a tailboom attachment nut is not within 
its allowable torque limit, before further flight, re-torque the nut 
to its allowable torque limit. Thereafter, repeat the torque 
inspection of each tailboom attachment nut after accumulating 1 hour 
TIS, but not to exceed

[[Page 79798]]

5 hours TIS, until the torque for all four tailboom attachment 
points has stabilized.
    (6) Where paragraph C. of Transport Canada AD CF-2022-68 refers 
to ``defect,'' this AD defines that as a crack, dent, loose 
fastener, unsecure attachment, deformation, or corrosion.
    (7) Where paragraph C. of Transport Canada AD CF-2022-68 
specifies to contact Bell Product Support Engineering for a repair 
or instructions to rectify any defect, this AD requires repair done 
in accordance with a method approved by the Manager, General 
Aviation & Rotorcraft Section, International Validation Branch, FAA; 
or Transport Canada; or Bell Textron Canada Ltd.'s Transport Canada 
Design Approval Organization (DAO). If approved by the DAO, the 
approval must include the DAO-authorized signature.
    (8) Where the service information referenced in paragraph C. of 
Transport Canada AD CF-2022-68 specifies to discard parts, this AD 
requires removing those parts from service.
    (9) Where paragraph D. of Transport Canada AD CF-2022-68 
specifies to report inspection results to Bell Product Support 
Engineering within 30 days after accomplishing the inspections 
required by paragraphs A. or C., this AD requires reporting 
inspection results at the applicable time in paragraph (h)(9)(i) or 
(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 10 days after accomplishing the 
actions required by paragraph A. or C. of Transport Canada AD CF-
2022-68.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 10 days after the effective date 
of this AD.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided no passengers are onboard.

(j) 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 (k) 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.

(k) Related Information

    For more information about this AD, contact Kristi Bradley, 
Program Manager, COS Program Management Section, Operational Safety 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Transport Canada AD CF-2022-68, dated December 15, 2022.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2022-68, contact Transport 
Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario, K1A 0N5, CANADA; telephone 888-
663-3639; email [email protected]; internet tc.canada.ca/en/
aviation. You may find the Transport Canada material on the 
Transport Canada website at tc.canada.ca/en/aviation.
    (4) 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.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-28315 Filed 12-23-22; 11:15 am]
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