[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Rules and Regulations]
[Pages 43406-43409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17024]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0619; Project Identifier AD-2021-00789-R; 
Amendment 39-21678; AD 2021-15-51]
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 adopting a new airworthiness directive (AD) for 
certain Bell Textron Inc. (type certificate previously held by Bell 
Helicopter Textron Inc.) Model 204B, 205A, 205A-1, 205B, and 212 
helicopters. This AD was prompted by a fatal accident in which an 
outboard main rotor hub strap pin (pin) sheared off during flight, 
resulting in the main rotor blade and the main rotor head detaching 
from the helicopter. This AD requires removing the pins from service 
before further flight and prohibits installing them on any helicopter. 
The FAA previously sent an emergency AD to all known U.S. owners and 
operators of these helicopters and is now issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective August 24, 2021. Emergency AD 2021-15-51, 
issued on July 6, 2021, which contained the requirements of this 
amendment, was effective with actual notice.
    The FAA must receive comments on this AD by September 23, 2021.

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 above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact Bell 
Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; telephone (450) 437-
2862 or (800) 363-8023; fax (450) 433-0272; email 
<a href="/cdn-cgi/l/email-protection#84f4f6ebe0f1e7f0f7f1f4f4ebf6f0c4e6e1e8e8e2e8ede3ecf0aae7ebe9"><span class="__cf_email__" data-cfemail="1666647972637562656366667964625674737a7a707a7f717e623875797b">[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 2021-0619; 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.

FOR FURTHER INFORMATION CONTACT: David Wilson, Aerospace Engineer, DSCO 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone (817) 222-5786; email 
<a href="/cdn-cgi/l/email-protection#3c585d4a5558124b55504f53527c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="afcbced9c6cb81d8c6c3dcc0c1efc9cece81c8c0d9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

[[Page 43407]]

Background

    On July 6, 2021, the FAA issued Emergency AD 2021-15-51 (Emergency 
AD 2021-15-51), which requires, before further flight, removing from 
service all part number (P/N) 204-012-104-005 pins with a serial number 
(S/N) prefix ``FNFS''. Emergency AD 2021-15-51 also prohibits 
installing the pin on any helicopter as of the emergency AD's effective 
date. The FAA sent Emergency AD 2021-15-51 to all known U.S. owners and 
operators of these helicopters.
    Emergency AD 2021-15-51 was prompted by a fatal accident on a Bell 
Textron Inc. Model 212 helicopter in which a pin P/N 204-012-104-005 
with an S/N prefix ``FNFS'' sheared off during flight, which resulted 
in the main rotor blade and the main rotor head detaching from the 
helicopter. The pin had accumulated only 20 total hours time-in-service 
(TIS). An inspection of a different Model 212 helicopter revealed that 
another pin installed, and made by the same manufacturer and with the 
same S/N prefix, was deformed; this pin had accumulated only 29 total 
hours TIS. Failure of the pin could result in the main rotor blade 
detaching from the helicopter and subsequent loss of control of the 
helicopter.
    Prior to the FAA issuing Emergency AD 2021-15-51, Transport Canada, 
which is the aviation authority for Canada, issued Canadian Emergency 
AD CF-2021-23, dated July 5, 2021 (Transport Canada Emergency AD CF-
2021-23), to correct an unsafe condition for the following Bell 
Helicopter Textron Inc., helicopters:
    <bullet> Model 204B helicopters, S/Ns 2001 through 2070 and 2196 
through 2199;
    <bullet> Model 205A-1 helicopters, S/Ns 30001 through 30065, 30067 
through 30165, 30167 through 30187, 30189 through 30296, and 30298 
through 30332;
    <bullet> Model 205B helicopters, S/Ns 30066, 30166, 30188, and 
30297; and
    <bullet> Model 212 helicopters, S/Ns 30501 through 30999, 31101 
through 31311, 32101 through 32142, and 35001 through 35103.
    Transport Canada advises that during an investigation of a Bell 
Textron Inc., Model 212 fatal accident in Canada, it was discovered 
that a pin P/N 204-012-104-005 with an S/N prefix ``FNFS'', sheared off 
during flight, leading to detachment of the main rotor blade and the 
main rotor head. The pin had accumulated only 20 hours of service, and 
inspection of another Canadian Bell Textron Inc., Model 212 helicopter 
found a pin of the same P/N, made by the same manufacturer, with the 
same S/N prefix ``FNFS'', to be deformed after only approximately 29 
hours in service. According to Transport Canada, failure of a main 
rotor hub strap pin will result in detachment of the main rotor blade 
and loss of control of the helicopter.
    Transport Canada also advises that, although the defective pins 
were only reported on Bell Textron Inc., Model 212 helicopters, pins of 
the same P/N can also be installed on Bell Textron Inc., Model 204B, 
205A-1, and 205B helicopters. While the cause of failure has not been 
determined, as a precautionary measure and to address the risk of 
detachment of main rotor hub strap pins in flight, Bell has issued 
Alert Service Bulletins to require replacing all pins with P/N 204-012-
104-005 that have S/N prefix ``FNFS''. Accordingly, Transport Canada 
Emergency AD CF-2021-23 mandates replacement of affected pins. 
Transport Canada considers its emergency AD an interim action and 
states that further AD action may follow.

FAA's Determination

    The FAA is issuing this AD after evaluating all the relevant 
information and determining that the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs.

Related Service Information

    The FAA reviewed the following Bell Alert Service Bulletins (ASBs), 
each dated July 5, 2021:
    <bullet> ASB 204B-21-74 for Bell Textron Inc., Model 204B 
helicopters, S/Ns 2001 through 2070 and 2196 through 2199;
    <bullet> ASB 205-21-117 for Bell Textron Inc., Model 205A and 205A-
1 helicopters, S/Ns 30001 through 30065, 30067 through 30165, 30167 
through 30187, 30189 through 30296, and 30298 through 30332;
    <bullet> ASB 205B-21-71 for Bell Textron Inc., Model 205B 
helicopters, S/Ns30066, 30166, 30188 and 30297; and
    <bullet> ASB 212-21-165 for Bell Textron Inc., Model 212 
helicopters, S/Ns 30501 through 30999, 31101 through 31311, 32101 
through 32142, and 35001 through 35103.
    The ASBs specify removing all P/N 204-012-104-005 pins with an S/N 
prefix ``FNFS'' before further flight. The ASBs also specify that, 
although the investigation is still in progress, removing these pins 
from service is required. The ASBs state that these pins may not have 
been manufactured in accordance with the engineering design 
requirements and may therefore shear as a result of this 
nonconformance.

AD Requirements

    This AD requires removing from service all P/N 204-012-104-005 pins 
with an S/N prefix ``FNFS'' before further flight. This AD also 
prohibits installing this pin on any helicopter as of the effective 
date of this AD.

Interim Action

    The FAA considers this AD to be an interim action. 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)(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 2021-15-51, issued on July 6, 2021, 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 an urgent unsafe condition existed and 
corrective action was required before further flight. This condition 
still exists, 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.

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 the docket number FAA 2021-0619 and Project 
Identifier AD-2021-00789-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

[[Page 43408]]

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 
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 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 David 
Wilson, Aerospace Engineer, DSCO Branch, Compliance & Airworthiness 
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5786; email <a href="/cdn-cgi/l/email-protection#b5d1d4c3dcd19bc2dcd9c6dadbf5d3d4d49bd2dac3"><span class="__cf_email__" data-cfemail="f59194839c91db829c99869a9bb5939494db929a83">[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.

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 160 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.
    Replacing up to four pins takes about 20 work-hours and parts cost 
about $1,756 for four pins for an estimated cost of up to $3,456 per 
helicopter.

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:
2021-15-51 Bell Textron Inc. (Type Certificate Previously Held by 
Bell Helicopter Textron Inc.): Amendment 39-21678; Docket No. FAA 
2021-0619; Project Identifier AD-2021-00789-R.

(a) Effective Date

    This airworthiness directive (AD) is effective without actual 
notice on August 24, 2021. Emergency AD 2021-15-51, issued on July 
6, 2021, which contained the requirements of this amendment, was 
effective with actual notice.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Inc. (type certificate 
previously held by Bell Helicopter Textron Inc.) Model 204B, 205A, 
205A-1, 205B, and 212 helicopters, certificated in any category, 
with an outboard main rotor hub strap pin (pin) part number 204-012-
104-005 with a serial number prefix ``FNFS'' installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code/Air Transport 
Association (ATA) of America Code: 6200, Main rotor system.

(e) Unsafe Condition

    This AD was prompted by a fatal accident in which a pin sheared 
off during flight, resulting in the main rotor blade and the main 
rotor head detaching from the helicopter. The FAA is issuing this AD 
to address this unsafe condition and prevent loss of control of the 
helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Before further flight, remove from service any pin that is 
identified in paragraph (c) of this AD.
    (2) As of the effective date of this AD, do not install any pin 
that is identified in paragraph (c) of this AD on any helicopter.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, DSCO 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 in paragraph (j)(1) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#85bca8c4d6d2a8b4bcb5a8c6cad6c5e3e4e4abe2eaf3"><span class="__cf_email__" data-cfemail="241d0965777309151d1409676b77644245450a434b52">[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 David Wilson, 
Aerospace Engineer, DSCO Branch, Compliance & Airworthiness 
Division, FAA, 10101 Hillwood Pkwy., Fort

[[Page 43409]]

Worth, TX 76177; telephone (817) 222-5786; email 
<a href="/cdn-cgi/l/email-protection#a3c7c2d5cac78dd4cacfd0cccde3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="adc9ccdbc4c983dac4c1dec2c3edcbcccc83cac2db">[email protected]</span></a>.
    (2) The subject of this AD is addressed in Transport Canada 
Emergency AD CF-2021-23, dated July 5, 2021.

    Issued on July 30, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-17024 Filed 8-5-21; 4:15 pm]
BILLING CODE 4910-13-P


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