[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Rules and Regulations]
[Pages 67263-67267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18580]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2010; Project Identifier AD-2024-00366-R; 
Amendment 39-22807; AD 2024-16-01]
RIN 2120-AA64


Airworthiness Directives; Bell Textron Inc. (Type Certificate 
Previously Held by Bell Helicopter Textron, Inc.), Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2000-18-
09, which applied to certain Bell Helicopter Textron, Inc. (now Bell 
Textron Inc.), Model 412, 412CF, and 412EP helicopters. AD 2000-18-09 
required repetitively inspecting the upper left-hand cap angle (cap 
angle) and adjacent structure for a crack and, depending on the 
results, replacing any cracked cap angle and repairing any crack in the 
adjacent structure. This AD was prompted by a report of a fatigue crack 
in a tail boom attachment cap angle. This AD retains the requirements 
of AD 2000-18-09, expands the applicability by adding models and an 
additional part-numbered cap angle, reduces the inspection intervals, 
and requires using updated procedures. This AD also updates the 
reporting requirement. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective September 4, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 4, 
2024.
    The FAA must receive comments on this AD by October 4, 2024.

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-2024-2010; 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 street address for Docket Operations is listed above.

[[Page 67264]]

    Material Incorporated by Reference:
     For Bell material identified in this AD, contact Bell 
Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; phone: (450) 437-
2862 or (800) 363-8023; fax: (450) 433-0272; email: 
[email protected]; website: bellflight.com/support/contact-support.
     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.

FOR FURTHER INFORMATION CONTACT: Hung Nguyen, Aviation Safety Engineer, 
FAA, 1801 S Airport Road, Wichita, KS 67209; phone: (562) 627-5362; 
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 
the ADDRESSES section. Include ``Docket No. FAA-2024-2010; Project 
Identifier AD-2024-00366-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 Hung 
Nguyen, Aviation Safety Engineer, FAA, 1801 S Airport Road, Wichita, KS 
67209; phone: (562) 627-5362; 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 2000-18-09, Amendment 39-11894 (65 FR 55175, 
September 13, 2000) (AD 2000-18-09), for Bell Helicopter Textron, Inc. 
(now Bell Textron Inc.), Model 412, 412CF, and 412EF helicopters with 
cap angle part number (P/N) 212-030-191-001, installed. AD 2000-18-09 
was prompted by a report of a fatigue crack in a tail boom attachment 
cap angle. AD 2000-18-09 required repetitively inspecting certain part-
numbered cap angles for a crack and, depending on the results, 
replacing a cracked cap angle with an airworthy cap angle and repairing 
any cracked adjacent structure. AD 2000-18-09 also required reporting 
any crack to the FAA. The FAA issued AD 2000-18-09 to prevent failure 
of a cap angle, loss of the tail boom, and subsequent loss control of 
the helicopter.

Actions Since Issuance of AD 2000-18-09

    Since the FAA issued AD 2000-18-09, Bell Textron Inc., has received 
additional reports of occurrences of fractured cap angles, which were 
found during routine inspections and during the repetitive 100 hours 
time-in-service (TIS) inspection required by AD 2000-18-09. Further 
investigation revealed the 100 hours TIS interval is not adequate to 
detect cracks before fracture of a cap angle could occur. Accordingly, 
Bell Textron Inc., issued updated material to reduce the inspection 
interval to 25 flight hours for certain helicopters and 50 flight hours 
for certain other helicopters to detect cracks and prevent failures of 
the cap angle. The updated material also specifies inspecting for and 
removing any sealant before inspecting the cap angle area. 
Additionally, due to the similarity to Model 412, 412CF, and 412EP 
helicopters, the FAA determined that Bell Textron Inc., Model 212, 
205A, 205A-1, and 205B helicopters are also affected by the same unsafe 
condition.
    Furthermore, since AD 2000-18-09 was issued, the FAA has revised 
its writing practices to comply with updated formats and policy. As a 
result, paragraph identifiers have changed and the reporting 
requirement that was required by AD 2000-18-09 has been revised in this 
AD. This AD also incorporates updated procedures by reference and 
removes the information in Note 1 of AD 2000-18-09 as that information 
is understood.
    Lastly, since the FAA issued AD 2000-18-09, Bell Helicopter 
Textron, Inc., changed its name to Bell Textron Inc.; this AD reflects 
that change.

FAA's Determination

    The FAA is issuing this AD because the agency determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type designs.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Bell Alert Service Bulletin (ASB) 205-24-122 for 
Model 205A and 205A-1 helicopters, Bell ASB 205B-24-77 for Model 205B 
helicopters, Bell ASB 212-24-169 for Model 212 helicopters, Bell ASB 
412-24-197 for Model 412 and 412EP helicopters, and Bell ASB 412CF-24-
77 for Model 412CF helicopters, all dated April 22, 2024. This material 
specifies procedures for inspecting for and removing any sealant, 
inspecting the cap angle area with a 10X magnifying glass and bright 
light for a crack and if a crack is found, this material specifies 
replacing the cap angle or contacting Bell for further instructions. 
This material also specifies touching up any primer that may have been 
damaged during the sealant removal.
    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.

AD Requirements

    This AD requires visually inspecting for sealant around the edge of 
the fitting and depending on the results, removing any sealant. This AD 
also requires, using a 10X or higher power magnifying glass and 
flashlight, inspecting the cap angle and adjacent structure for a 
crack. Depending on these results, this AD requires removing an 
affected cap angle from service and installing an airworthy cap angle, 
repairing an affected adjacent structure, and reporting certain 
information to the FAA.

Differences Between This AD and the Referenced Material

    If there is a crack in the cap angle and the helicopter is at a 
location where the cap angle cannot be replaced, the referenced 
material specifies contacting

[[Page 67265]]

the manufacturer, whereas this AD does not include that action.
    If there is a crack in the adjacent structure to the cap angle, 
this AD requires repairing the adjacent structure in accordance with a 
method approved by the FAA, whereas the referenced material does not 
address this condition.
    If there is a crack, this AD requires reporting certain 
information, whereas the referenced material does not.

Interim Action

    The FAA considers this AD to be an interim action. The manufacturer 
is currently investigating the root cause of the unsafe condition 
identified in this AD. If final action is later identified, the FAA 
might consider further rulemaking.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(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 forgoing notice and comment prior to adoption of this rule 
because the affected components are part of an assembly that is 
critical to the control of a helicopter. In addition, cracking could 
lead to instantaneous failure before detection. As the FAA has no 
information pertaining to the extent of cracking of the affected 
components that may currently exist in helicopters or how quickly the 
condition may propagate to failure, for certain helicopters the initial 
instance of the actions required by this AD must be accomplished within 
25 hours TIS, and thereafter within intervals not to exceed 25 hours 
TIS. Based on the average flight-hour utilization rate of these 
helicopters, the compliance time for the initial instance of the 
required actions is a period of up to 1 month. Accordingly, notice and 
opportunity for prior public comment are impracticable and contrary to 
the public interest pursuant to 5 U.S.C. 553(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 forgo 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 157 helicopters of U.S. 
registry. Labor costs are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    Visually inspecting for the presence of sealant takes a minimal 
amount of time for a nominal cost. If required, removing sealant will 
take approximately 0.5 work-hour for an estimated cost of $43 per 
helicopter.
    Inspecting the cap angle and adjacent structure will take 
approximately 0.5 work-hour for an estimated cost of $43 per helicopter 
and $6,751 for the U.S. fleet, per inspection cycle.
    If required, replacing an affected cap angle will take 
approximately 400 work-hours and parts will cost up to approximately 
$1,171 for an estimated cost of $35,171 per replacement.
    If required, repairing an adjacent structure will take 
approximately 16 work-hours for an estimated cost of $1,360 per 
helicopter. The FAA has no data to determine the parts costs to 
accomplish this repair.
    If required, reporting inspection results will take approximately 1 
work-hour for an estimated cost of $85 per report.

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 a 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 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:

[[Page 67266]]

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 2000-18-09, Amendment 39-11894 (65 
FR 55175, September 13, 2000); and
0
b. Adding the following new airworthiness directive:

2024-16-01 Bell Textron Inc. (Type Certificate previously held by 
Bell Helicopter Textron, Inc.): Amendment 39-22807; Docket No. FAA-
2024-2010; Project Identifier AD-2024-00366-R.

(a) Effective Date

    This airworthiness directive (AD) is effective September 4, 
2024.

(b) Affected ADs

    This AD replaces AD 2000-18-09, Amendment 39-11894 (65 FR 55175, 
September 13, 2000).

(c) Applicability

    This AD applies to Bell Textron Inc. (type certificate 
previously held by Bell Helicopter Textron, Inc.), Model 205A, 205A-
1, 205B, 212, 412, 412CF, and 412EP helicopters, certificated in any 
category, identified in paragraphs (c)(1) and (2) of this AD.
    (1) Model 205A, 205A-1, and 205B helicopters, with an upper 
left-hand cap angle (cap angle) part number (P/N) 205-030-207-005 
installed.
    (2) Model 212, 412, 412CF, and 412EP helicopters, with a cap 
angle P/N 212-030-191-001 installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5300, Fuselage 
structure.

(e) Unsafe Condition

    This AD was prompted by reports of a fatigue crack in a tail 
boom attachment cap angle. The FAA is issuing this AD to prevent 
failure of a cap angle. The unsafe condition, if not addressed, 
could result in failure of the fuselage and bulkhead, and subsequent 
separation of the tail boom and loss control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For Model 205A, 205A-1, 205B, 212, 412CF, and 412 
helicopters identified in paragraph (c) of this AD; and for Model 
412EP helicopters identified in paragraph (c)(2) of this AD with 
serial numbers 36087 through 36693 inclusive, within 25 hours time-
in-service (TIS) after the effective date of this AD, and thereafter 
at intervals not to exceed 25 hours TIS; and for Model 412EP 
helicopters identified in paragraph (c)(2) of this AD with serial 
numbers 36694 through 36999 inclusive and 37002 through 37999 
inclusive, within 50 hour TIS after the effective date of this AD, 
and thereafter at intervals not to exceed 50 hours TIS, accomplish 
the actions required by paragraphs (g)(1)(i) and (ii) of this AD.
    (i) Visually inspect for the presence of sealant around the 
forward edge of the left-hand tail boom cap angle fitting in the 
``Inspection Area'' depicted in Figure 1., of Bell Alert Service 
Bulletin (ASB) 205-24-122, Bell ASB 205B-24-77, Bell ASB 212-24-169, 
Bell ASB 412-24-197, or Bell ASB 412CF-24-77, all dated April 22, 
2024, as applicable to your model helicopter. If there is any 
sealant, before further flight, remove any sealant by following the 
Accomplishment Instructions, paragraph 2., of Bell ASB 205-24-122, 
Bell ASB 205B-24-77, Bell ASB 212-24-169, Bell ASB 412-24-197, or 
Bell ASB 412CF-24-77, all dated April 22, 2024, as applicable to 
your model helicopter.
    (ii) Using a 10X or higher power magnifying glass and 
flashlight, visually inspect the cap angle and adjacent structure 
for a crack in the ``Inspection Area'' depicted in Figure 1., of 
Bell ASB 205-24-122, Bell ASB 205B-24-77, Bell ASB 212-24-169, Bell 
ASB 412-24-197, or Bell ASB 412CF-24-77, all dated April 22, 2024, 
as applicable to your model helicopter.
    (A) If there is any crack in the cap angle, before further 
flight, remove the cap angle from service and install an airworthy 
cap angle.
    (B) If there is any crack in the adjacent structure, before 
further flight, repair the structure in accordance with a method 
approved by the Manager, Central Certification Branch, FAA. For a 
repair method to be approved by the Manager, Central Certification 
Branch, FAA; as required by this paragraph, the Manager's approval 
letter must specifically refer to this AD.
    (2) If there is a crack as a result of any instance of an 
inspection required by paragraph (g)(1)(ii) of this AD, within 10 
days after completing the inspection, report the information in 
Appendix 1 to this AD by email to [email protected].

(h) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
actions required by this AD can be performed, provided after 
takeoff, the flight is straight and level until landing, and avoids 
areas of known turbulence and provided no passengers are onboard.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Central Certification Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to the 
attention of the person identified in paragraph (j) of this AD. 
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    For more information about this AD, contact Hung Nguyen, 
Aviation Safety Engineer, FAA, 1801 S Airport Road, Wichita, KS 
67209; phone: (562) 627-5362; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) Bell Alert Service Bulletin (ASB) 205-24-122, dated April 
22, 2024.
    (ii) Bell ASB 205B-24-77, dated April 22, 2024.
    (iii) Bell ASB 212-24-169, dated April 22, 2024.
    (iv) Bell ASB 412-24-197, dated April 22, 2024.
    (v) Bell ASB 412CF-24-77, dated April 22, 2024.
    (3) For Bell material identified in this AD, contact Bell 
Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; phone: (450) 437-
2862 or (800) 363-8023; fax: (450) 433-0272; email: 
[email protected]; website: bellflight.com/support/contact-support.
    (4) You may view this material at the FAA, Office of Regional 
Counsel, Southwest Region, 10101 Hillwood Pkwy., 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/ibr-locations or email [email protected].

Appendix 1 to AD 2024-16-01

    Report the following information for each crack by email to: 
[email protected].
    In the subject line of the email, include the text ``AD 2024-16-
01''.
    (1) Date of inspection that revealed a crack in the cap angle or 
in the adjacent structure.
    (2) Helicopter Model:
    (3) Date of previous inspection of the cap angle and adjacent 
structure:
    (4) Helicopter serial number:
    (5) Total hours time-in-service accumulated since new on the 
airframe:
    (6) Helicopter N-number:
    (7) Cap angle(s) part number:
    (8) Describe in detail any information and findings, including 
any previous maintenance or modification of the cracked area, any 
cracks in the surrounding areas such as the fitting or web, and, if 
possible, provide photos.


[[Page 67267]]


    Issued on August 1, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-18580 Filed 8-15-24; 11:15 am]
BILLING CODE 4910-13-P