[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Rules and Regulations]
[Pages 14576-14579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04172]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0226; Project Identifier MCAI-2024-00069-R; 
Amendment 39-22674; AD 2024-02-55]
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 
Bell Textron Canada Limited Model 505 helicopters. This AD was prompted 
by reports of cracked vertical stabilizer top end cap assemblies. This 
AD requires an initial and recurring inspections of the vertical 
stabilizer top end cap assembly and corrective action if a crack is 
found, as specified in a Transport Canada AD, which is incorporated by 
reference. The FAA previously sent this AD as an emergency AD to all 
known U.S. owners and operators of these helicopters. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 14, 2024. Emergency AD 2024-02-55, 
issued on January 26, 2024, 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 listed in this AD as of March 14, 
2024.
    The FAA must receive comments on this AD by April 15, 2024.

[[Page 14577]]


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-2024-0226; 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 identified 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 wwwapps.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/ad_qs1.aspx.
     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-2024-0226.
    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: 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-2024-0226; Project Identifier MCAI-
2024-00069-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 that is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The FAA issued Emergency AD 2024-02-55, dated January 26, 2024 (the 
emergency AD), to address an unsafe condition on Bell Textron Canada 
Limited Model 505 helicopters. The FAA sent the emergency AD to all 
known U.S. owners and operators of these helicopters. The emergency AD 
requires, within 10 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 25 hours TIS, a detailed visual inspection for 
a cracked vertical stabilizer top end assembly and replacing a cracked 
vertical stabilizer top end assembly before further flight.
    The emergency AD was prompted by Transport Canada Emergency AD CF-
2024-03, dated January 25, 2024 (Transport Canada AD CF-2024-03), 
issued by Transport Canada, which is the aviation authority for Canada, 
to correct an unsafe condition on Bell Textron Canada Limited Model 505 
helicopters, serial numbers 65011 and subsequent. Transport Canada AD 
CF-2024-03 states that there have been multiple occurrences of the 
vertical stabilizer top end cap assembly being found cracked, with some 
cases including the departure of the navigation/very high frequency 
omni-directional range (VOR)/glide slope antenna and tuning weight from 
the helicopter during flight. Detailed investigation has identified 
that the stabilizer top end cap assembly was not designed for the full 
fatigue spectrum. Transport Canada AD CF-2024-03 further states that an 
investigation determined that if no corrective actions are implemented, 
there is the potential for the antenna and tuning weight to depart, 
which could impact and damage the tail rotor, resulting in the loss of 
directional control of the helicopter. Accordingly, Transport Canada AD 
CF-2024-03 mandates an initial and recurring inspections of the 
vertical stabilizer top end cap assembly, and corrective action if a 
crack is found. Transport Canada AD CF-2024-03 states that the 
corrective actions are interim actions until a permanent solution can 
be made available for the fleet.
    You may examine Transport Canada AD CF-2024-03 in the AD docket at 
regulations.gov under Docket No. FAA-2024-0226.
    The FAA is issuing this AD to address cracking in the vertical 
stabilizer top end cap assembly. This condition, if not addressed, 
could result in the antenna or tuning weight departing from the 
helicopter and impacting and damaging the tail rotor, resulting in the 
loss of directional control of the helicopter.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2024-03 requires, within 10 hours air time, 
accomplishing a one-time detailed visual inspection of the vertical 
stabilizer top end cap assembly for cracking and accomplishing 
corrective action if cracking is found. Thereafter at

[[Page 14578]]

intervals not greater than 25 hours air time following the 
accomplishment of the 10-hour air time inspection or the corrective 
action, Transport Canada AD CF-2024-03 requires performing recurring 
detailed visual inspections of the vertical stabilizer top end cap 
assembly for cracking.
    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 reviewed Bell Alert Service Bulletin 505-24-38, dated 
January 24, 2024, which specifies procedures for performing a one-time 
detailed inspection of the top end cap assembly for cracking, provides 
instructions for replacing a cracked top end cap assembly, and provides 
instructions for a performing a recurring detailed inspection of the 
top end cap assembly.

FAA's Determination

    These helicopters 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.

Requirements of This AD

    This AD requires accomplishing the actions specified in Transport 
Canada AD CF-2024-03, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this 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-2024-03 is incorporated by reference in this FAA 
AD. This AD, therefore, requires compliance with Transport Canada AD 
CF-2024-03 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-2024-03 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 sections 
titled ``Compliance'' and ``Corrective Actions'' in Transport Canada AD 
CF-2024-03. Service information referenced in Transport Canada AD CF-
2024-03 for compliance will be available at regulations.gov under 
Docket No. FAA-2024-0226 after this final rule is published.

Interim Action

    The FAA considers that this AD is an 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 required the immediate adoption of 
Emergency AD 2024-02-55, issued on January 26, 2024, 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 cracking of the vertical stabilizer top 
end cap assembly could result in loss of the antenna and tuning weight 
during flight and damage to the tail rotor, which is critical for 
directional control of the helicopter. As the FAA also has no 
information pertaining to the quantity of cracked vertical stabilizer 
top end cap assemblies that may currently exist in the U.S. fleet or 
how quickly the condition may propagate to failure, the inspections 
required by this AD must be accomplished within 10 hours TIS followed 
by repetitive actions at intervals not to exceed 25 hours TIS, with 
corrective action required before further flight. 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 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.
    The initial vertical stabilizer top end assembly inspection takes 
approximately 2 work-hours with no parts cost for the inspection, for 
an initial cost of $170 per helicopter and $23,970 for the U.S. fleet.
    The recurring vertical stabilizer top end assembly inspections take 
approximately 3 work-hours with no parts cost for the inspections. 
Based on these figures, the cost for each inspection is estimated at 
$255 per helicopter and $35,955 for the U.S. fleet, per inspection 
cycle.
    If required, replacing a vertical stabilizer top end assembly will 
take approximately 1 work-hour with parts cost of approximately $125 
for a vertical stabilizer top end assembly. Based on these figures, the 
cost to replace the vertical stabilizer top end assembly is estimated 
at $210.
    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

[[Page 14579]]

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:

2024-02-55 Bell Textron Canada Limited: Amendment 39-22674; Docket 
No. FAA-2024-0226; Project Identifier MCAI-2024-00069-R.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2024-02-55 
on January 26, 2024, directly to affected owners and operators. As a 
result of such actual notice, that emergency AD was effective for 
those owners and operators on the date it was provided. This AD 
contains the same requirements as that emergency AD and, for those 
who did not receive actual notice, is effective on March 14, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Canada Limited Model 505 
helicopters, certificated in any category, as identified in 
Transport Canada Emergency AD CF-2024-03, dated January 25, 2024 
(Transport Canada AD CF-2024-03).

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5532 Vertical 
stabilizer, plates/skin.

(e) Unsafe Condition

    This AD was prompted by multiple occurrences of the vertical 
stabilizer top end cap assembly being found cracked, with some cases 
including the departure of the navigation/very high frequency omni-
directional range (VOR)/glide slope antenna and tuning weight from 
the helicopter during flight. The FAA is issuing this AD to detect 
cracking on the vertical stabilizer top end cap assembly. The unsafe 
condition, if not addressed, could result in the antenna or tuning 
weight departing from the helicopter and impacting and damaging the 
tail rotor, resulting in the loss of directional 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-2024-03.

(h) Exceptions to Transport Canada AD CF-2024-03

    (1) Where Transport Canada AD CF-2024-03 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2024-03 refers to ``air time,'' 
this AD requires replacing those words with ``hours time-in-
service.''

(i) Special Flight Permits

    Special flight permits are prohibited.

(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 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.

(k) Related 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].

(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 Emergency AD CF-2024-03, dated January 25, 
2024.
    (ii) [Reserved]
    (3) For Transport Canada Emergency AD CF-2024-03, contact 
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 wwwapps.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/ad_qs1.aspx.
    (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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on February 23, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2024-04172 Filed 2-26-24; 11:15 am]
BILLING CODE 4910-13-P