[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Rules and Regulations]
[Pages 60883-60886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19324]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1813; Project Identifier MCAI-2023-00980-R; 
Amendment 39-22540; AD 2023-17-51]
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 adopting a new airworthiness directive (AD) for all 
Bell Textron Canada Limited Model 407 helicopters. The FAA previously 
sent this AD as an emergency AD to all known U.S. owners and operators 
of these helicopters. This AD was prompted by a report of a disbonded 
area in a tail rotor (T/R) blade. This AD requires determining if an 
affected T/R blade is installed, inspecting each of those T/R blades 
and, depending on the results, replacing the T/R blade as specified in 
a Transport Canada emergency AD, which is incorporated by reference. 
This AD also limits the installation of T/R blades to certain T/R 
blades. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective September 21, 2023. Emergency AD 2023-17-
51, issued on August 18, 2023, which contained the requirements of this 
amendment, was effective with actual notice.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication identified in this AD as of 
September 21, 2023.
    The FAA must receive comments on this AD by October 23, 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-2023-1813; 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, the Transport Canada emergency AD, any 
comments received, and other information. The street 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

[[Page 60884]]

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-2023-1813.
    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: Dan McCully, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (404) 
474-5548; 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-2023-1813; Project Identifier MCAI-
2023-00980-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 Dan 
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone (404) 474-5548; 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 Emergency AD 2023-17-51, dated August 18, 2023 (the 
emergency AD), to address an unsafe condition on Bell Textron Canada 
Limited Model 407 helicopters. The FAA sent the emergency AD to all 
known U.S. owners and operators of these helicopters. The emergency AD 
requires determining if certain serial-numbered T/R blade part number 
406-016-100-119 is installed, tap inspecting each affected T/R blade 
for skin to core voids and, depending on the results, replacing the T/R 
blade. The emergency AD also limits the installation of T/R blades to 
affected T/R blades that have passed its required inspection and 
unaffected T/R blades.
    The emergency AD was prompted by Transport Canada Emergency AD CF-
2023-63, dated August 17, 2023 (Transport Canada AD CF-2023-63), issued 
by Transport Canada, which is the aviation authority for Canada, to 
correct an unsafe condition on certain serial-numbered Bell Textron 
Canada Limited Model 407 helicopters. Transport Canada AD CF-2023-63 
states that an operator identified an abnormal sound in a T/R blade 
while manually rotating it. A subsequent tap inspection revealed a 
disbonded area that exceeds allowable limits. According to Transport 
Canada, an investigation by Bell Textron Canada Limited identified 43 
T/R blades that could have missing adhesive between the upper skin and 
core that was caused during the manufacturing process. This condition, 
if not addressed, could result in severe vibration, failure of the T/R 
blade, and subsequent loss of T/R control. The FAA is issuing this AD 
to address the unsafe condition on these products.
    You may examine Transport Canada AD CF-2023-63 in the AD docket at 
regulations.gov under Docket No. FAA-2023-1813.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Transport Canada AD CF-2023-63, which requires 
determining if an affected T/R blade is installed, inspecting each of 
those T/R blades and, depending on the results, replacing the T/R 
blade. Transport Canada AD CF-2023-63 also limits installation of T/R 
blades to serviceable T/R blades, as defined therein.
    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 Bell Alert Service Bulletin 407-23-132, dated 
August 14, 2023, which identifies affected T/R blade part number 406-
016-100-119 serial numbers and specifies procedures for inspecting 
affected T/R blades for skin to core voids. Depending on the results, 
this service information specifies procedures for reporting information 
to Bell Product Support Engineering, returning specified T/R blades to 
Bell for investigation, and replacing a T/R blade.

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 
its emergency AD referenced 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 the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in Transport 
Canada AD CF-2023-63, described previously, as incorporated by 
reference, 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 Emergency 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

[[Page 60885]]

requirements for corresponding FAA ADs. The FAA has been coordinating 
this process with manufacturers and CAAs. As a result, Transport Canada 
AD CF-2023-63 is incorporated by reference in this FAA AD. This AD, 
therefore, requires compliance with Transport Canada AD CF-2023-63 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-2023-63 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-2023-63.

Differences Between This AD and the Transport Canada Emergency AD

    Transport Canada AD CF-2023-63 applies to certain serial-numbered 
Bell Textron Canada Limited Model 407 helicopters, whereas this AD 
applies to all Bell Textron Canada Limited Model 407 helicopters. 
Transport Canada AD CF-2023-63 does not clearly specify how to inspect 
affected T/R blades for skin to core voids, whereas this AD requires 
tap inspecting each affected T/R blade for skin to core voids.

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 required the immediate adoption of 
Emergency AD 2023-17-51, issued on August 18, 2023, to all known U.S. 
owners and operators of these helicopters. The FAA found that the risk 
to the flying public justified waiving notice and comment prior to 
adoption of this rule because each T/R blade is critical to the control 
of a helicopter. Debonding of a T/R blade could lead to instantaneous 
failure before detection. Additionally, affected T/R blades are 
installed on high usage helicopters, which could increase the 
likeliness of occurrence of a failure. In light of this, the initial 
action required by this AD must be accomplished within 10 hours time-
in-service or 14 days, whichever occurs first. This compliance time is 
shorter than the time necessary for the public to comment and for 
publication of the final rule. These conditions still exist, therefore, 
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.

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 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 up to 43 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.
    Determining if an affected T/R blade is installed takes about 0.5 
work-hour for an estimated cost of $43 per helicopter and up to $1,849 
for the U.S. fleet. Tap inspecting an affected T/R blade takes about 1 
work-hour for an estimated cost of $85 per T/R blade. If required, 
replacing a T/R blade takes about 5 work-hours and parts cost about 
$42,951 for an estimated cost of $43,376 per T/R blade.
    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 operators.

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 adding the following new airworthiness 
directive:

2023-17-51 Bell Textron Canada Limited: Amendment 39-22540; Docket 
No. FAA-2023-1813; Project Identifier MCAI-2023-00980-R.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2023-17-51 
on August 18, 2023, directly to affected owners and operators. As a 
result of such actual notice, the emergency AD was effective for 
those owners and operators on the date it was provided. This AD 
contains the same requirements as the emergency AD and, for those 
who did not receive actual notice, is effective on September 21, 
2023.

(b) Affected ADs

    None.

[[Page 60886]]

(c) Applicability

    This AD applies to Bell Textron Canada Limited Model 407 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6410, Tail Rotor 
Blades.

(e) Unsafe Condition

    This AD was prompted by a report of a disbonded area in a tail 
rotor (T/R) blade due to missing adhesive between the upper skin and 
core. The FAA is issuing this AD to detect skin to core voids that 
exceed allowable limits in affected T/R blades. The unsafe 
condition, if not addressed, could result in severe vibration, 
failure of the T/R blade, and subsequent loss of T/R control.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, Transport Canada Emergency AD CF-2023-63, dated 
August 17, 2023 (Transport Canada AD CF-2023-63).

(h) Exceptions to Transport Canada AD CF-2023-63

    (1) Where Transport Canada AD CF-2023-63 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2023-63 requires compliance in 
terms of hours air time, this AD requires compliance using hours 
time-in-service.
    (3) Where paragraph A.2. of Transport Canada AD CF-2023-63 
requires inspecting an affected T/R blade and the service 
information referenced in paragraph A.2. of Transport Canada AD CF-
2023-63 specifies inspecting an affected T/R blade, this AD requires 
using a steel tap hammer and tap inspecting each affected T/R blade.
    (4) Where the service information referenced in Transport Canada 
AD CF-2023-63 specifies returning parts to the manufacturer, this AD 
does not include that requirement.

(i) No Reporting Requirement

    Although the service information referenced in Transport Canada 
AD CF-2023-63 specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

(j) Special Flight Permits

    A special flight permit may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
tap inspection can be performed, provided no passengers are onboard.

(k) 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 39.19. In accordance with 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, mail it to the 
address identified in paragraph (l) of this AD or email to: [email protected]. If mailing information, also submit 
information by email.
    (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.

(l) Additional Information

    For more information about this AD, contact Dan McCully, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone (404) 474-5548; email 
[email protected].

(m) 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 the AD specifies otherwise.
    (i) Transport Canada Emergency AD CF-2023-63, dated August 17, 
2023.
    (ii) [Reserved]
    (3) For Transport Canada Emergency AD CF-2023-63, 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 service information 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 August 25, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-19324 Filed 9-1-23; 4:15 pm]
BILLING CODE 4910-13-P