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.

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:
productsupport@bellflight.com; 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: hung.v.nguyen@faa.gov.

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: hung.v.nguyen@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.

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 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:

PART 39--AIRWORTHINESS DIRECTIVES

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]

2. The FAA amends Sec. 39.13 by:

a. Removing Airworthiness Directive 2000-18-09, Amendment 39-11894 (65
FR 55175, September 13, 2000); and

b. Adding the following new airworthiness directive: