DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2329; Project Identifier AD-2024-00451-R;
Amendment 39-22864; AD 2024-20-05]
RIN 2120-AA64
Airworthiness Directives; Columbia Helicopters, Inc., and
Restricted Category Model CH-47D Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Columbia Helicopters, Inc., Model 234 helicopters and restricted
category Model CH-47D helicopters. This AD was prompted by two reports
of a flight control rigid connecting link (link) failure, due to a
manufacturing defect.
This AD requires removing certain links from service and prohibits
installing those links. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective October 28, 2024.
The FAA must receive comments on this AD by November 25, 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-2024-2329; 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.
Related Material: For Boeing material identified in this AD,
contact Billings Flying Service, Inc., 309 Jellison Road, Billings, MT
59101; phone: (406) 252-6937; email: jed@flybfscom.
FOR FURTHER INFORMATION CONTACT: David Herron, Aviation Safety
Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone:
(206) 231-3544; email: david.herron@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-2024-2329; Project
Identifier AD-2024-00451-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 David
Herron, Aviation Safety Engineer, FAA, 3960 Paramount Boulevard,
Lakewood, CA 90712; phone: (206) 231-3544; email: david.herron@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 received two reports of a link part number (P/N) 145C3340-
10 failure involving a Model CH-47D helicopter. In both reports, it was
determined that the failed link was manufactured by Aero Components
Inc., which was not an approved supplier for these links. Boeing
advised that failure of one link was caused by an eccentricity of the
threaded bore in the end of the tube associated with the rod-end
installation, which was determined to be a manufacturing defect; this
resulted in a thin wall condition on one-side. Failure of the other
link showed the same contributor, but on the opposite end of the tube.
Boeing advised some links having P/N 145C3340 have been found to
have missing or illegible markings; however, both failed links involve
clear Aero Components Inc. CAGE code markings. Columbia Helicopters,
Inc., Model 234 helicopters are also affected by the unsafe condition
since the affected links may also be installed on that model
helicopter.
This condition, if not addressed, could result in link failure
within the flight control system due to fatigue. The FAA is issuing
this AD to address the unsafe condition on these products and
subsequent immediate loss of control of the helicopter.
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 design.
Related Material
The FAA reviewed Boeing CH-47 Service Bulletin No. 145-67-1047,
dated May 22, 2024. This material specifies procedures for inspecting
link P/N 145C3340-10 to determine its manufacturing code and, depending
on the results, contacting Boeing for additional assistance or
replacing the link.
AD Requirements
This AD requires removing links P/N 145C3340-10 with manufacturing
CAGE code 59213 from service and prohibits installing those links on
any helicopter.
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 component is part of an assembly that is critical
to the flight control of a helicopter, such that if failure occurs in
the affected component subsequent immediate loss of control of a
helicopter will occur. As the FAA has no information pertaining to the
extent of fatigue of the affected component that may currently exist in
helicopters or how quickly the condition may propagate to failure, the
actions required by this AD must be accomplished within 5 days. The
compliance time in this AD is shorter than the time necessary for the
public to comment and for publication of the final
rule. 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 36 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.
Replacing a link will take 8 work-hours and parts will cost $1,963
for an estimated cost of $2,643 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
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 adding the following new airworthiness
directive:
|