[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Proposed Rules]
[Pages 1083-1086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2021-28089]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / 
Proposed Rules

[[Page 1083]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1078; Project Identifier MCAI-2020-01574-R]
RIN 2120-AA64


Airworthiness Directives; Bell Textron Canada Limited Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

Republication

    Editorial Note: Rule document 2021-28089 was originally 
published on pages 73708 through 73712 in the issue of Tuesday, 
December 28, 2021. At the bottom of page 73711, Figure 3 to 
paragraph (g) was inadvertently split between pages 73711 and 73712. 
The corrected document is republished in its entirety.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bell Textron Canada Limited Model 429 helicopters. This 
proposed AD was prompted by in-service reports of the loss of display 
and subsequent recovery of certain display units (DUs). This proposed 
AD would require revising the existing rotorcraft flight manual 
supplement (RFMS) for your helicopter and disabling the traffic alert 
and collision avoidance system (TCAS) POP-UP feature for certain DUs. 
The FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by February 
11, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 <a href="/cdn-cgi/l/email-protection#a5d5d7cac1d0c6d1d6d0d5d5cad7d1e5c7c0c9c9c3c9ccc2cdd18bc6cac8"><span class="__cf_email__" data-cfemail="7404061b10011700070104041b0600341611181812181d131c005a171b19">[email protected]</span></a>; or at https://www.bellflight.com/support/contact-support. 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1078; 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 NPRM, the 
Transport Canada AD, any comments received, and other information. The 
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, FAA, Operational Safety Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email <a href="/cdn-cgi/l/email-protection#3377524141565d1d745240405647475c735552521d545c45"><span class="__cf_email__" data-cfemail="e2a6839090878ccca58391918796968da2848383cc858d94">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-1078; Project Identifier 
MCAI-2020-01574-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Darren Gassetto, Aerospace Engineer, COS Program Management Section, 
FAA, Operational Safety Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (516) 228-7323; email 
<a href="/cdn-cgi/l/email-protection#4d092c3f3f2823630a2c3e3e283939220d2b2c2c632a223b"><span class="__cf_email__" data-cfemail="bdf9dccfcfd8d393fadcceced8c9c9d2fddbdcdc93dad2cb">[email protected]</span></a>. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2020-18R1, dated November 27, 2020 
(Transport Canada AD CF-2020-18R1), to correct an unsafe condition for 
Bell Textron Canada Limited Model 429 helicopters, serial numbers 57001 
through 57369, 57371, and 57373. Transport Canada advises that it has 
received in-service reports of the loss of display and subsequent 
recovery of the DU manufactured by Rogerson Kratos (RK). During an 
instrument flight rules approach, a Bell Textron Canada

[[Page 1084]]

Limited Model 429 helicopter lost its center DU display, which then 
rebooted, and subsequently lost its right-hand side (RHS) DU display, 
which then also rebooted. Investigation revealed that the DUs' power 
cycle occurred while in Map-Mode, which was caused by the RK DUs' 
limited processing capability for excessive null waypoints generated by 
the Garmin GTN 750/650 GPS/NAV/COMM/MFD.
    Transport Canada also advises that the use of Map-Mode to the 
center DU should be limited only for Bell Textron Canada Limited Model 
429 helicopters equipped with RK DUs and Garmin GTN 750/650 main 
software version 6.21 or later and that the use of Map-Mode should be 
prohibited on both the RHS DU and left-hand side DU, if installed. In 
addition, Transport Canada advises that a new emergency and malfunction 
procedure in the event of center DU failure should be implemented.
    If not addressed, a DU power cycle occurring during flight and 
consequent momentary loss of display information on the primary flight 
display and other DUs could result in the unexpected loss of display of 
important flight parameters to the pilots, including attitude, 
approach, airspeed, altitude, flight director information, navigation 
system cues, as well as engine and rotor drive system indications.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bell Alert Service Bulletin 429-20-51, Revision B, 
dated July 17, 2021, which specifies procedures for disabling the TCAS 
POP-UP feature for certain DUs. 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.

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 proposing this AD after evaluating all 
known relevant information and determining that the unsafe condition 
described previously is likely to exist or develop on other helicopters 
of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing RFMS for your 
helicopter and disabling the TCAS POP-UP feature for certain DUs.

Differences Between This Proposed AD and the Transport Canada AD

    Transport Canada AD CF-2020-18R1 requires operators to ``advise all 
flight crews'' of the changes introduced by the RFMS revision. However, 
this proposed AD would not specifically require that action. 14 CFR 
91.9 requires that no person may operate a civil aircraft without 
complying with the operating limitations specified in the RFMS. 
Therefore, including a requirement in this AD to operate the helicopter 
according to the revised RFMS would be redundant and unnecessary. 
Further, compliance with such a requirement in an AD would be 
impracticable to demonstrate or track on an ongoing basis; therefore, a 
requirement to operate the helicopter in such a manner would be 
unenforceable. The flight manual supplement changes proposed in this AD 
would also apply to the emergency and malfunction procedures section of 
the existing RFMS for your helicopter. FAA regulations mandate 
compliance only with the operating limitations section of the flight 
manual. Nonetheless, the FAA recommends that flight crews of the 
helicopters listed in the applicability operate in accordance with the 
revised emergency and malfunction procedures specified in this proposed 
AD.
    This proposed AD would also propose to require disabling the TCAS 
POP-UP feature for certain DUs, which is not required in Transport 
Canada AD CF-2020-18R1. The FAA has coordinated this requirement with 
Transport Canada, and Transport Canada stated that it is planning to 
include this action in a future rulemaking action.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 88 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 proposed AD.
    Revising the RFMS for your helicopter takes about 1 work-hour for 
an estimated cost of $85 per helicopter and $7,480 for the U.S. fleet.
    Disabling the TCAS POP-UP feature for your helicopter takes about 
0.5 work-hours for an estimated cost of $43 per helicopter and $3,784 
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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.

[[Page 1085]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Bell Textron Canada Limited: Docket No. FAA-2021-1078; Project 
Identifier MCAI-2020-01574-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 11, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Canada Limited Model 429 
helicopters, certificated in any category, serial numbers 57001 
through 57369 inclusive, 57371, and 57373.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 3100, Indicating/
Recording System.

(e) Unsafe Condition

    This AD was prompted by in-service reports of the loss of 
display and subsequent recovery of certain display units (DUs). The 
FAA is issuing this AD to address a DU power cycle occurring during 
flight and consequent momentary loss of display information on the 
primary flight display and other DUs, which if not addressed, could 
result in the unexpected loss of display of important flight 
parameters to the pilots, including attitude, approach, airspeed, 
altitude, flight director information, navigation system cues, as 
well as engine and rotor drive system indications.

(f) Compliance

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

(g) Revising the Rotorcraft Flight Manual Supplement (RFMS)

    Within 30 days after the effective date of this AD: Revise the 
Types of Operation--Limitations (section 1-3-A.) of the existing 
RFMS for your helicopter to include the information in the 
``Limitations'' procedure specified in figure 1 to paragraph (g) of 
this AD, revise the Configuration (section 1-5.) of the existing 
RFMS for your helicopter to include the information in the 
``Configuration'' specified in figure 2 to paragraph (g) of this AD, 
and revise the Emergency and Malfunction Procedures (section 3) of 
the existing RFMS for your helicopter to include the information in 
the ``CENTER DU FAILURE'' specified in figure 3 to paragraph (g) of 
this AD.
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    Note 1 to paragraph (g): The information in the ``CENTER DU 
FAILURE'' specified in figure 3 to paragraph (g) of this AD can be 
found in Bell 429 Rotorcraft Flight Manual Supplement BHT-429-FMS-
19, Revisions 3, 4, 5, and 6.

(h) Disabling the Traffic Alert and Collision Avoidance System (TCAS) 
POP-UP Feature

    Within 30 days after the effective date of this AD: Disable the 
TCAS POP-UP mode, including those helicopters equipped with the TCAS 
kit, in the parameter setup page on all RK DUs, in accordance with 
paragraph 3. of the Accomplishment Instructions of Bell Alert 
Service Bulletin 429-20-51, Revision B, dated July 17, 2021.

(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)(1) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#96afbbd7c0c5bbd7dfc4bba1a5a6bbd7dbd9d5d6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="ffc6d2bea9acd2beb6add2c8cccfd2beb2b0bcbf999e9ed1989089">[email protected]</span></a>.
    (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

    (1) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, FAA, Operational 
Safety Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone (516) 228-7323; email <a href="/cdn-cgi/l/email-protection#4d092c3f3f2823630a2c3e3e283939220d2b2c2c632a223b"><span class="__cf_email__" data-cfemail="1b5f7a69697e75355c7a68687e6f6f745b7d7a7a357c746d">[email protected]</span></a>.
    (2) For service information identified in this AD, 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 <a href="/cdn-cgi/l/email-protection#69191b060d1c0a1d1a1c1919061b1d290b0c05050f05000e011d470a0604"><span class="__cf_email__" data-cfemail="7a0a08151e0f190e090f0a0a15080e3a181f16161c16131d120e54191517">[email protected]</span></a>; or at https://www.bellflight.com/support/contact-support. You may view this 
referenced 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.
    (3) The subject of this AD is addressed in Transport Canada AD 
CF-2020-18R1, dated November 27, 2020. You may view the Transport 
Canada AD on the internet at https://www.regulations.gov in Docket 
No. FAA-2021-1078.

    Issued on December 16, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. R1-2021-28089 Filed 1-6-22; 4:15 pm]
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