[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Rules and Regulations]
[Pages 24037-24041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08563]



[[Page 24037]]

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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; 
Amendment 39-22014; AD 2022-08-11]
RIN 2120-AA64


Airworthiness Directives; Bell Textron Canada Limited Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bell Textron Canada Limited Model 429 helicopters. This AD was 
prompted by in-service reports of the loss of display and subsequent 
recovery of certain display units (DUs). This AD requires 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 issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective May 27, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of May 27, 2022.

ADDRESSES: For 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 https://www.bellflight.com/support/contact-support. You may view the 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. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
1078.

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 final rule, the 
Transport Canada AD, any comments received, and other information. The 
street address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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 [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Bell Textron Canada 
Limited Model 429 helicopters, serial numbers 57001 through 57369 
inclusive, 57371, and 57373. The NPRM published in the Federal Register 
on December 28, 2021 (86 FR 73708; corrected January 10, 2022 (87 FR 
1083)). In the NPRM, the FAA proposed to require revising the existing 
RFMS for your helicopter and disabling the TCAS POP-UP feature for 
certain DUs. The NPRM was prompted by Transport Canada AD CF-2020-18R1, 
dated November 27, 2020 (Transport Canada AD CF-2020-18R1), issued by 
Transport Canada, which is the aviation authority for Canada, 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 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter, Bell Textron Canada 
Limited. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Revise Figures 1 and 2 to Paragraph (g) To Match the RFMS

    Bell Textron Canada Limited requested that the limitations 
specified in figures 1 and 2 to paragraph (g) of the proposed AD be 
revised to reflect the limitations identified in Bell Alert Service 
Bulletin 429-20-51, Revision B, dated July 17, 2021; and Bell 429 
Rotorcraft Flight Manual Supplement BHT-429-FMS-19, Revision 7, dated 
December 14, 2021. The commenter noted that the unsafe condition 
identified in the NPRM is only present when Garmin GTN 650/750 main 
software version 6.21 or later is installed because these software 
versions introduce an increased number of waypoints that can be 
displayed, which is beyond the memory capability of the RK DU. In 
addition, the commenter explained that the Garmin main software version 
is obvious to the pilot because it is displayed on the GTN 650/750 
``splash''screen when the DUs are powered-up and can be easily accessed 
prior to flight through the GTN 650/750 configuration pages.
    The FAA partially agrees with the commenter's request. The FAA 
agrees with revising the limitations specified in figures 1 and 2 to 
paragraph (g) of this AD to reflect the Garmin GTN 650/750 main 
software versions specified in Bell 429 Rotorcraft Flight Manual 
Supplement BHT-429-FMS-19, Revision 7, dated December 14, 2021, because 
the unsafe condition is limited to Garmin GTN 650/750 main software 
version 6.21 or later, and the flight crew can determine the software 
version from the DUs and not from memory or running a diagnostic 
program. The FAA has revised figures 1 and 2 to paragraph (g) of this 
AD accordingly. The FAA notes that Bell Alert Service Bulletin

[[Page 24038]]

429-20-51, Revision B, dated July 17, 2021, refers to an older revision 
of the Bell 429 Rotorcraft Flight Manual Supplement BHT-429-FMS-19, 
which does not include all of the clarifying information regarding the 
affected manufacturer and software versions.

Request To Revise Figure 3 to Paragraph (g) To Specify the RK DU 
Configuration

    Bell Textron Canada Limited requested that figure 3 to paragraph 
(g) of the proposed AD be revised to specify that the revision to the 
Emergency and Malfunction Procedures (section 3) of the existing RFMS 
applies to a center DU with the RK DU configuration. The commenter 
explained that Bell 429 Rotorcraft Flight Manual Supplement BHT-429-
FMS-19, Revision 7, dated December 14, 2021, included a revision to 
Section 3-14-B., CENTER DU FAILURE, to clarify that the Emergency and 
Malfunction Procedure applied only to the RK DU configuration.
    The FAA agrees with the commenter's request and has revised 
paragraph (g) of this AD and figure 3 to paragraph (g) of this AD to 
specify that the Emergency and Malfunction Procedures apply to a center 
DU with the RK DU configuration. The FAA contacted Transport Canada, 
the State of Design Authority for Bell Textron Canada Limited Model 429 
helicopters, and confirmed that the Emergency and Malfunction 
Procedures are applicable only to a center DU with the RK DU 
configuration.

Request To Revise Note 1 to Paragraph (g) To Refer to a Later Revision 
of the RFMS

    Bell Textron Canada Limited requested that Note 1 to paragraph (g) 
be revised to refer to only Bell 429 Rotorcraft Flight Manual 
Supplement BHT-429-FMS-19, Revision 7, dated December 14, 2021. The 
commenter explained that this revision level provides additional 
clarifying information regarding the manufacturer and software versions 
affected by the unsafe condition identified in the NPRM.
    The FAA agrees with the commenter's request for the reason provided 
by the commenter and because the FAA has additionally agreed to certain 
changes in the information presented in figures 1, 2, and 3 to 
paragraph (g) of this AD in response to the commenter's previous 
comments regarding the RFMS revision. In the proposed AD Note 1 to 
paragraph (g) was as follows: ``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.'' In this 
AD the FAA revised Note 1 to paragraph (g) to refer to Bell 429 
Rotorcraft Flight Manual Supplement BHT-429-FMS-19, Revision 7, dated 
December 14, 2021, and to include the pertinent changes that resulted 
from the other Bell Textron Canada Limited comments previously 
discussed.

Changes Since the NPRM Was Issued

    After the NPRM was issued, Transport Canada issued Transport Canada 
AD CF-2020-18R2, dated January 27, 2022 (Transport Canada AD CF-2020-
18R2), which superseded Transport Canada AD CF-2020-18R1. Transport 
Canada AD CF-2020-18R2, mandates incorporation of Bell 429 Rotorcraft 
Flight Manual Supplement BHT-429-FMS-19, Revision 7, dated December 14, 
2021, which specifies disabling the TCAS POP-UP feature for certain 
DUs. That action was included in the proposed AD requirements, and in 
the NPRM preamble, was identified in the Differences Between this 
Proposed AD and the Transport Canada AD section because it was not 
included in Transport Canada AD CF-2020-18R1 but was included in the 
proposed AD requirements. That difference has been removed from this 
final rule.

Conclusion

    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 reviewed the relevant data, considered the 
comments received, and determined that, except for the changes 
described previously, air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these helicopters. Except for minor editorial changes, and any other 
changes described previously, this AD is adopted as proposed in the 
NPRM. None of the changes will increase the economic burden on any 
operator.

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.

Differences Between This AD and the Transport Canada AD

    Transport Canada AD CF-2020-18R2 requires operators to ``advise all 
flight crews'' of the changes introduced by the RFMS revision. However, 
this AD does 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 in this AD 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 AD.

Costs of Compliance

    The FAA estimates that this AD affects 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 AD.
    Revising the existing 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

[[Page 24039]]

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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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:

2022-08-11 Bell Textron Canada Limited: Amendment 39-22014; Docket 
No. FAA-2021-1078; Project Identifier MCAI-2020-01574-R.

(a) Effective Date

    This airworthiness directive (AD) is effective May 27, 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'' 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 (RK CONFIGURATION)'' specified in figure 3 to paragraph 
(g) of this AD.
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    Figure 1 to paragraph (g)--Limitations revision
    [GRAPHIC] [TIFF OMITTED] TR22AP22.000
    
    Figure 2 to paragraph (g)--Configuration revision
    [GRAPHIC] [TIFF OMITTED] TR22AP22.001
    

[[Page 24041]]


    Figure 3 to paragraph (g)--Emergency and Malfunction Procedures 
revision
[GRAPHIC] [TIFF OMITTED] TR22AP22.002

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    Note 1 to paragraph (g): The information in the ``Limitations'' 
specified in figure 1 to paragraph (g), ``Configuration'' specified 
in figure 2 to paragraph (g), and ``CENTER DU FAILURE (RK 
CONFIGURATION)'' specified in figure 3 to paragraph (g) of this AD 
can be found in Bell 429 Rotorcraft Flight Manual Supplement BHT-
429-FMS-19, Revision 7, dated December 14, 2021.

(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: [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

    (1) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, FAA, Operational 
Safety Branch, Compliance & Airworthiness Division, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone (516) 228-7323; 
email [email protected].
    (2) The subject of this AD is addressed in Transport Canada AD 
CF-2020-18R2, dated January 27, 2022. You may view the Transport 
Canada AD at https://www.regulations.gov in Docket No. FAA-2021-
1078.
    (3) Bell 429 Rotorcraft Flight Manual Supplement BHT-429-FMS-19, 
Revision 7, dated December 14, 2021, which is not incorporated by 
reference, contains additional information about the subject of this 
AD. This service information is available at the contact information 
specified in paragraphs (k)(3) and (4) of this AD.

(k) 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 the AD specifies otherwise.
    (i) Bell Alert Service Bulletin 429-20-51, Revision B, dated 
July 17, 2021.
    (ii) [Reserved]
    (3) 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 [email protected]; or at https://www.bellflight.com/support/contact-support.
    (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: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 5, 2022.
Derek Morgan,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-08563 Filed 4-21-22; 8:45 am]
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