[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Rules and Regulations]
[Pages 69485-69488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24258]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0921; Project Identifier AD-2020-00323-R; 
Amendment 39-21303; AD 2020-22-07]
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 all 
Bell Textron Inc. (Type Certificate previously held by Bell Helicopter 
Textron Inc.) Model 412, 412CF, and 412EP helicopters. This AD requires 
revising the existing Rotorcraft Flight Manual (RFM) for your 
helicopter. This AD was prompted by an accident and multiple reports of 
a cracked main gearbox (MGB) support case. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective November 18, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 18, 
2020.
    The FAA must receive comments on this AD by December 18, 2020.

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 https://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, 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 817-280-
3391; fax 817-280-6466; or at https://www.bellcustomer.com. 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. It is also available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0921.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0921; 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 service information that is incorporated by 
reference, any comments received, and other information. The street 
address for the Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kuethe Harmon, Safety Management 
Program Manager, DSCO Branch, Compliance & Airworthiness Division, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222- 5198; 
email kuethe.harmon@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA is adopting a new AD for Bell Textron Inc. Model 412, 
412CF, and 412EP helicopters. This AD was prompted by an accident on a 
Model 412EP helicopter and multiple reports of a cracked MGB support 
case. Initial investigations showed that excessive pylon pitch 
vibrations likely caused overload that resulted in these failures, and 
investigations are ongoing to determine the root cause of these 
vibrations. However, field experience and flight test data indicate 
that excessive degradation of the transmission mounts and friction 
dampers could cause the sudden increase in one-per-rev vertical 
vibration, and minimum collective and cyclic controls friction not 
meeting the maintenance manual specifications may also be a 
contributing factor.
    This condition, if not addressed, could result in structural 
failure of the MGB support case and subsequent reduced control of the 
helicopter. To address this unsafe condition, this AD requires revising 
Section 2, Normal Procedures, under both ``BEFORE TAKEOFF'' and ``IN-
FLIGHT OPERATION(S)'' of the existing RFM for your helicopter.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Section 2--Normal Procedures, of Bell 412 BHT-412-
FM-1 RFM, Revision 26; Bell 412 BHT-412-FM-2 RFM, Revision 13; Bell 412 
BHT-412-FM-3 RFM, Revision 20; Bell 412EP BHT-412-FM-4 RFM, Revision 
37; Bell 412EPI BHT-412-FM-5 RFM, Revision 9; and Subaru Bell 412EPX 
BHT-412-FM-6 RFM, Revision 5, each dated August 19, 2020. These RFM 
revisions add a caution under ``BEFORE TAKEOFF'' and ``IN-FLIGHT 
OPERATION(S)'' to the existing RFM for your helicopter.
    This service information 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 also reviewed Bell Operation Safety Notice 412-18-43, dated 
December 19, 2018 (OSN), which notified Model 412 and 412EP helicopter 
owners and operators of reports regarding rapid buildup of one-per-rev 
vertical vibration associated with a large steady state forward cyclic 
displacement in combination with collective input while at 100/103 
percent revolutions per minute (RPM) with any part of the skid gear in 
contact with the ground. The OSN also noted that this vibration mode 
can be encountered on all Bell Model 412 helicopters equipped with any 
type of landing gear. Finally, the OSN reminded operators that, should 
this vibration mode be experienced, the amount of forward cyclic input 
shall immediately be reduced and, if necessary, the collective and 
rotor RPM shall also be reduced to exit the vibration mode described.

FAA's Determination

    The FAA is issuing this AD after evaluating all of the relevant 
information and determining the unsafe condition described previously 
is likely

[[Page 69486]]

to exist or develop in other helicopters of these same type designs.

AD Requirements

    This AD requires, before further flight, revising Section 2, Normal 
Procedures, under both ``BEFORE TAKEOFF'' and ``IN-FLIGHT 
OPERATION(S)'' of the existing RFM for your helicopter to add a caution 
about what to do if a sudden increase in one-per-rev vertical 
vibrations occurs with large steady state forward cycle displacements 
in combination with collective input while at a certain RPM % is 
encountered while any part of the skids is touching the ground. The 
caution varies depending on your helicopter model and serial number.
    Revising the existing RFM for your helicopter may be performed by 
the owner/operator (pilot) holding at least a private pilot 
certificate. This authorization is an exception to the FAA's standard 
maintenance regulations. The pilot must record compliance with this AD 
in the aircraft maintenance records in accordance with 14 CFR 
43.9(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record must be 
maintained as required by 14 CFR 91.417, 121.380, or 135.439.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.) 
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 seeking comment prior to the rulemaking.
    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 waiving notice and comment prior to adoption of this rule 
because the required corrective action must be completed before further 
flight. Therefore, notice and opportunity for prior public comment are 
impracticable and contrary to public interest pursuant to 5 U.S.C. 
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds 
that good cause exists pursuant to 5 U.S.C. 553(d) for making this 
amendment effective in less than one month.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not provide you with notice and an opportunity 
to provide your comments prior to it becoming effective. However, the 
FAA invites you to participate in this rulemaking by submitting written 
comments, data, or views. The most helpful comments reference a 
specific portion of the AD, explain the reason for any recommended 
change, and include supporting data. To ensure the docket does not 
contain duplicate comments, commenters should send only one copy of 
written comments, or if comments are filed electronically, commenters 
should submit them only one time.
    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 file in the docket all comments received, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this rulemaking during the comment period. The FAA 
will consider all the comments received and may conduct additional 
rulemaking based on those comments.

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 final rule 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 final rule, 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 final rule. Submissions containing CBI 
should be sent to Kuethe Harmon, Safety Management Program Manager, 
DSCO Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone 817-222- 5198; email 
kuethe.harmon@faa.gov. 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 FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 96 helicopters of U.S. 
registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this AD.
    For Model 412 and 412EP helicopters, revising the existing RFM for 
your helicopter takes about 0.5 work-hour for an estimated cost of $43 
per helicopter and $4,128 for the U.S. fleet.
    For Model 412CF helicopters, there are no costs of compliance 
associated with this AD because there are no helicopters with this type 
certificate on the U.S. Registry.

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

[[Page 69487]]

    (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.

Adoption of 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:

2020-22-07 Bell Textron Inc. (Type Certificate Previously Held by 
Bell Helicopter Textron Inc.): Amendment 39-21303; Docket No. FAA-
2020-0921; Project Identifier AD-2020-00323-R.

(a) Effective Date

    This AD is effective November 18, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This airworthiness directive (AD) applies to Bell Textron Inc. 
(Type Certificate previously held by Bell Helicopter Textron Inc.) 
(Bell) Model 412, 412CF, and 412EP helicopters, certificated in any 
category.

    Note 1 to paragraph (c):  Helicopters with a 412EPI or 412EPX 
designation are Model 412EP helicopters.

(d) Subject

    Joint Aircraft System Component (JASC): 5400, Nacelle/Pylon 
Structure.

(e) Unsafe Condition

    This AD was prompted by an accident and multiple reports of a 
cracked main gearbox (MGB) support case. The FAA is issuing this AD 
to address excessive pylon pitch vibrations. The unsafe condition, 
if not addressed, could result in structural failure of the MGB 
support case and subsequent reduced control of the helicopter.

(f) Compliance

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

(g) Required Actions

    Before further flight:
    (1) For Bell Model 412 helicopters with serial number (S/N) 
33001 through 33107 inclusive, S/N 33108 through 33213 inclusive, S/
N 34001 through 34024 inclusive, or S/N 36001 through 36019 
inclusive, revise Section 2, Normal Procedures, under both ``BEFORE 
TAKEOFF'' and ``IN-FLIGHT OPERATION(S)'' of the existing Rotorcraft 
Flight Manual (RFM) for your helicopter by adding the information in 
Figure 1 to paragraph (g)(1) of this AD or by adding this 
information under both ``BEFORE TAKEOFF'' and ``IN-FLIGHT 
OPERATION(S)'' of the following as applicable for your helicopter: 
Bell 412 BHT-412-FM-1 RFM, Revision 26; or Bell 412 BHT-412-FM-2 
RFM, Revision 13, each dated August 19, 2020. Using a different 
document with information identical to this information under both 
``BEFORE TAKEOFF'' and ``IN-FLIGHT OPERATION(S)'' in the RFM 
revision specified in this paragraph for your helicopter is 
acceptable for compliance with the requirements of this paragraph.
[GRAPHIC] [TIFF OMITTED] TR03NO20.033

    (2) For Bell Model 412 helicopters with S/N 36020 through 36086 
inclusive, and for Bell Model 412EP helicopters with S/N 36087 
through 36999 inclusive, S/N 37002 through 37999 inclusive, S/N 
38001 through 38999 inclusive, or S/N 39101 through 39999, revise 
Section 2, Normal Procedures, under both ``BEFORE TAKEOFF'' and 
``IN-FLIGHT OPERATIONS'' of the existing RFM for your helicopter by 
adding the information in Figure 2 to paragraph (g)(2) of this AD or 
by adding this information under both ``BEFORE TAKEOFF'' and ``IN-
FLIGHT OPERATIONS'' of the following as applicable for your 
helicopter: Bell 412 BHT-412-FM-3 RFM, Revision 20; Bell 412EP BHT-
412-FM-4 RFM, Revision 37; Bell 412EPI BHT-412-FM-5 RFM, Revision 9; 
or Subaru Bell 412EPX BHT-412-FM-6 RFM, Revision 5, each dated 
August 19, 2020. Using a different document with information 
identical to this information under both ``BEFORE TAKEOFF'' and 
``IN-FLIGHT OPERATIONS'' in the RFM revision specified in this 
paragraph for your helicopter is acceptable for compliance with the 
requirements of this paragraph.

[[Page 69488]]

[GRAPHIC] [TIFF OMITTED] TR03NO20.034

    (3) For Bell Model 412CF helicopters, revise Section 2, Normal 
Procedures, under both ``BEFORE TAKEOFF'' and ``IN-FLIGHT 
OPERATIONS'' of the existing RFM for your helicopter by adding the 
information in Figure 1 to paragraph (g)(1) of this AD. Using a 
different document with information identical to that contained in 
Figure 1 to paragraph (g)(1) of this AD is acceptable for compliance 
with the requirements of this paragraph.
    (4) The actions required by paragraphs (g)(1) through (3) of 
this AD may be performed by the owner/operator (pilot) holding at 
least a private pilot certificate and must be entered into the 
aircraft records showing compliance with this AD in accordance with 
14 CFR 43.9(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record 
must be maintained as required by 14 CFR 91.417, 121.380, or 
135.439.

(h) 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 paragraph (i) of this AD. Information may be emailed 
to: 9-ASW-190-COS@faa.gov.
    (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.

(i) Related Information

    For more information about this AD, contact Kuethe Harmon, 
Safety Management Program Manager, DSCO Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone 817-222-5198; email kuethe.harmon@faa.gov.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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) Section 2, Normal Procedures, of Bell 412 BHT-412-FM-1 
Rotorcraft Flight Manual (RFM), Revision 26, dated August 19, 2020.
    (ii) Section 2, Normal Procedures, of Bell 412 BHT-412-FM-2 RFM, 
Revision 13, dated August 19, 2020.
    (iii) Section 2, Normal Procedures, of Bell 412 BHT-412-FM-3 
RFM, Revision 20, dated August 19, 2020.
    (iv) Section 2, Normal Procedures, of Bell 412EP BHT-412-FM-4 
RFM, Revision 37, dated August 19, 2020.
    (v) Section 2, Normal Procedures, of Bell 412EPI BHT-412-FM-5 
RFM, Revision 9, dated August 19, 2020.
    (vi) Section 2, Normal Procedures, of Subaru Bell 412EPX BHT-
412-FM-6 RFM, Revision 5, dated August 19, 2020.
    (3) For service information identified in this AD, contact Bell 
Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; telephone 817-
280-3391; fax 817-280-6466; or at https://www.bellcustomer.com.
    (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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 15, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-24258 Filed 11-2-20; 8:45 am]
BILLING CODE 4910-13-P


