[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Rules and Regulations]
[Pages 43055-43058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14321]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1395; Project Identifier MCAI-2023-00720-R; 
Amendment 39-22485; AD 2023-12-26]
RIN 2120-AA64


Airworthiness Directives; Bell Textron Canada Limited Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-24-
04, which applied to certain Bell Helicopter Textron Canada Limited 
(type certificate previously held by Bell Helicopter Textron Canada 
Limited) Model 505 helicopters. AD 2021-24-04 required revising the 
existing Rotorcraft Flight Manual (RFM) for your helicopter. Since the 
FAA issued AD 2021-24-04, Bell Textron Canada Limited revised the RFM 
to incorporate more restrictive operating limitations. This AD is 
prompted by the determination that the existing altitude limitations 
were not valid for certain fuel types and that revising the existing 
RFM for your helicopter to align with the limitations of the Safran 
Helicopter Engines, S.A. Model ARRIUS 2R engine is necessary. This AD 
requires revising the existing RFM for your helicopter, 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 is effective July 21, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 21, 
2023.
    The FAA must receive any comments on this AD by August 21, 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-2023-1395; 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; phone 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-2023-1395.
    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; phone 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: Michael Hughlett, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone (817) 222-5889; email [email protected].

SUPPLEMENTARY INFORMATION:

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-2023-1395; Project Identifier MCAI-
2023-00720-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,

[[Page 43056]]

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 Michael 
Hughlett, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; phone (817) 222-5889; 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 AD 2021-24-04, Amendment 39-21825 (86 FR 69998, 
December 9, 2021) (AD 2021-24-04), for Bell Helicopter Textron Canada 
Limited (type certificate previously held by Bell Helicopter Textron 
Canada Limited) Model 505 helicopters having serial number 65011 and 
subsequent. AD 2021-24-04 was prompted by Transport Canada AD CF-2019-
08, dated March 5, 2019 (Transport Canada AD CF-2019-08), issued by 
Transport Canada, which is the aviation authority for Canada. Transport 
Canada advised of the need to reduce the pressure altitude limitations 
for Jet B and JP-4 wide-cut fuels following unsatisfactory performance 
of the engine at the original higher altitude limitations with those 
wide-cut fuels. AD 2021-24-04 required revising the Limitations Section 
of the existing RFM for your helicopter. The FAA issued AD 2021-24-04 
to prevent low fuel pressure, engine flame-out, or engine power 
interruption (a change in any engine performance parameter--including, 
but not limited to, gas generator speed, power turbine speed, main gas 
temperature, or output torque--outside its normal limits for the 
prevailing operating conditions).

Actions Since AD 2021-24-04 Was Issued

    Since the FAA issued AD 2021-24-04, Transport Canada has issued 
Transport Canada AD CF-2023-16, dated March 6, 2023 (Transport Canada 
AD CF-2023-16), to supersede Transport Canada AD CF-2019-08.
    Transport Canada AD CF-2023-16 states that Bell Textron Canada 
Limited determined that the altitude limitations in the existing RFM, 
as they pertain to certain fuel types, were not valid. Accordingly, 
Transport Canada AD CF-2023-16 requires updating the RFM to align with 
the limitations of the ARRIUS 2R engine, which include more stringent 
fuel operating envelope limitations for starting at certain altitudes, 
ambient temperatures, and fuel specifications. Transport Canada AD CF-
2023-16 states that failure to comply with the correct operating 
limitations could result in low fuel pressure, engine flame-out, or 
engine power interruption. You may examine Transport Canada AD CF-2023-
16 in the AD docket at regulations.gov under Docket No. FAA-2023-1395.
    The FAA is issuing this AD to require limitations that align with 
the ARRIUS 2R engine. This unsafe condition, if not addressed, could 
result in low fuel pressure, engine flame-out, or engine power 
interruption.
    This AD also corrects the Applicability paragraph to identify the 
current type certificate holder as ``Bell Textron Canada Limited'' 
instead of ``Bell Helicopter Textron Canada Limited'' and removes the 
type certificate previously held by information.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Transport Canada AD CF-2023-16, which specifies to 
update the RFM BHT-505-FM-1 to Revision 5, or to later revisions, as 
approved by Transport Canada.
    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 ADDRESSES.

Other Related Service Information

    The FAA also reviewed Figure 1-6. Fuel Operating Envelope (Sheet 1 
of 1) of Bell 505 Rotorcraft Flight Manual BHT-505-FM-1, Revision 5, 
dated October 30, 2019, which specifies corrected fuel operating 
envelope limitations for various fuels.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
Transport Canada AD CF-2023-16 described above. The FAA is issuing this 
AD after determining that the unsafe condition described previously is 
likely to exist or develop on other products of these same type design.

AD Requirements

    This AD requires accomplishing the actions specified in Transport 
Canada AD CF-2023-16, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.
    The owner/operator (pilot) holding at least a private pilot 
certificate may revise the existing RFM for your helicopter and must 
enter compliance with this AD into the aircraft records in accordance 
with 14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be maintained 
as required by 14 CFR 91.417, 121.380, or 135.439. This is an exception 
to the FAA's standard maintenance regulations.

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 this model helicopter cannot safely fly at altitudes currently 
authorized by the existing RFM for your helicopter. The unsafe 
condition may result in low fuel pressure, engine flame-out, or engine 
power interruption; and this model helicopter does not have an 
auxiliary power unit onboard making it difficult to restart during 
flight. Additionally, these are high usage helicopters, which increases 
the likeliness of occurrence of exceeding the corrected operating 
limitations. In light of this, revising the existing RFM for your 
helicopter must be accomplished within 30 days after the effective date 
of this AD. Therefore, the compliance time for this required action 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

[[Page 43057]]

amendment effective in less than 30 days, for the same reasons the FAA 
found good cause to forgo notice and comment.

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-2023-16 is incorporated by reference in this FAA 
final rule. This AD, therefore, requires compliance with Transport 
Canada AD CF-2023-16 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 the Transport Canada AD does not mean that 
operators need to comply only with that section. For example, where the 
AD requirement refers to ``Compliance,'' compliance with this AD 
requirement is not limited to the section titled ``Corrective Actions'' 
in Transport Canada AD CF-2023-16. Service information referenced in 
Transport Canada AD CF-2023-16 for compliance will be available at 
regulations.gov under Docket No. FAA-2023-1395 after this final rule is 
published.

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 141 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.
    Revising the existing RFM for your helicopter takes about 0.5 work-
hour for an estimated cost of $43 per helicopter and $6,063 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, 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 2021-24-04, Amendment 39-21825 (86 
FR 69998, December 9, 2021); and
0
b. Adding the following new airworthiness directive:

2023-12-26 Bell Textron Canada Limited: Amendment 39-22485; Docket 
No. FAA-2023-1395; Project Identifier MCAI-2023-00720-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 21, 2023.

(b) Affected ADs

    This AD replaces AD 2021-24-04, Amendment 39-21825 (86 FR 69998, 
December 9, 2021).

(c) Applicability

    This AD applies to Bell Textron Canada Limited Model 505 
helicopters having a serial number 65011 and subsequent, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 7300, Engine fuel 
and control.

(e) Unsafe Condition

    This AD was prompted by the determination that the altitude 
limitations for certain fuel types were not valid. The FAA is 
issuing this AD to require limitations that align with the Safran 
Helicopter Engines, S.A. Model ARRIUS 2R engine, which include more 
stringent fuel operating envelope limitations for starting at 
certain altitudes, ambient temperatures, and fuel specifications. 
The unsafe condition, if not addressed, could result in low fuel 
pressure, engine flame-out, or engine power interruption.

(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-2023-16, dated March 6, 2023 
(Transport Canada AD CF-2023-16). The owner/operator (pilot) holding 
at least a private pilot certificate may revise the existing 
Rotorcraft Flight Manual for your helicopter and must enter 
compliance with this AD into the aircraft records in accordance with 
14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.

(h) Exceptions to Transport Canada AD CF-2023-16

    Where Transport Canada AD CF-2023-16 refers to its effective 
date, this AD requires using the effective date of this AD.

(i) 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 (j) of 
this AD. Information may be emailed to: [email protected].

[[Page 43058]]

    (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 Michael Hughlett, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone (817) 222-5889; email 
[email protected].

(k) 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-2023-16, dated March 6, 2023.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2023-16, contact Transport 
Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario, K1A 0N5, CANADA; phone 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 June 20, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14321 Filed 7-3-23; 11:15 am]
BILLING CODE 4910-13-P