AD 2015-22-02

This AD becomes effective November 12, 2015.

We must receive comments on this AD by December 28, 2015.

You may send comments by any of the following methods:

• Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

• Fax: 202-493-2251.

• Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

• Hand Delivery: Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

David Hatfield, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email david.hatfield@faa.gov.

This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. 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. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.

Transport Canada, which is the aviation authority for Canada, issued Emergency AD No. CF-2015-16, dated July 2, 2015, to correct an unsafe condition for Bell Model 429 helicopters. Transport Canada advised that in-service reports showed that the tail rotor pitch link spherical bearings have experienced early and accelerated wear. On three occasions, bearings were found worn beyond limits during pre-flight inspections, showing a radial and axial play that was easily detectable. In one case, the spherical bearing separated from the tail rotor pitch link, resulting in damage to the tail rotor blade pitch horn assembly. In another case, the spherical bearing had been inspected and found acceptable during a maintenance inspection; about “1 hour air time” later, it was found worn beyond limits during a pre-flight inspection.

On August 6, 2015, we issued Emergency AD 2015-16-51, which was made immediately effective to all known U.S. owners and operators of Bell Model 429 helicopters. Emergency AD 2015-16-51 required, before further flight and thereafter at intervals not to exceed 50 hours TIS, inspecting each inboard and outboard tail rotor pitch link assembly for axial or radial bearing play. Emergency AD 2015-16-51 also required, if there was axial or radial bearing play, removing the tail rotor pitch link and performing a dimensional inspection for wear. Finally, Emergency AD 2015-16-51 required, if wear exceeded the allowable limits, replacing the tail rotor pitch link assembly.

On the same day that we issued Emergency AD 2015-16-51, Transport Canada issued a revised Emergency AD No. CF-2015-16R1, dated August 6, 2015, changing the applicability and compliance time to clarify that the inspections are required for all Model 429 helicopters. Transport Canada advises of the possibility that some operators would conclude that no action was required for low time helicopters. Transport Canada Emergency AD No. CF-2015-16R1 removes the following language from the applicability so that it applies to all Model 429 helicopters regardless of time: “that have accumulated 50 hours air time or more.” It also adds language to the compliance time so that the corrective actions must be accomplished within 10 hours air time “or before exceeding 60 hours air time since new, whichever occurs later.” Therefore, we are issuing this AD to make similar revisions.

These helicopters have been approved by Transport Canada and are approved for operation in the United States. Pursuant to our bilateral agreement with Canada, Transport Canada, its technical representative, has notified us of the unsafe condition described in its Emergency AD. We are issuing this AD because we evaluated all information provided by Transport Canada and determined the unsafe condition exists and is likely to exist or develop on other helicopters of this same type design.

Bell issued Alert Service Bulletin 429-15-16, dated February 18, 2015 (ASB) for Bell Model 429 helicopters, S/N 57001 and subsequent, which have accumulated more than 50 hours. The ASB specifies inspecting both inboard and outboard tail rotor pitch link assemblies for axial and radial play. If abnormal wear or bearing play is detected, the ASB specifies removing the affected tail rotor pitch link, performing a dimensional check of both axial and radial play, and replacing any tail rotor pitch link assembly 429-012-112-101 or -103 or pitch link bearing 429-312-107-103 that exceeds the allowable limits.

This AD retains the inspection requirements of Emergency AD 2015-16-51 but revises the applicability and compliance time. This AD applies to Model 429 helicopters regardless of accumulated TIS. The inspections in this AD are required before further flight for helicopters with 50 or more hours TIS and before accumulating 50 hours TIS for helicopters with less than 50 hours TIS.

The Transport Canada Emergency AD requires compliance within 10 hours TIS or before exceeding 60 hours air time, whichever occurs later. This AD requires compliance before further flight for helicopters with 50 or more hours TIS. For helicopters with less than 50 hours TIS, this AD requires compliance before the helicopter accumulates 50 hours TIS.

We consider this AD to be an interim action. If final action is later identified, we might consider further rulemaking then.

We estimate that this AD affects 54 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per work hour. It will take about 2 work hours to do the inspections at an estimated cost of $170 per helicopter or $9,180 for the fleet per inspection cycle. Replacing a tail rotor pitch link assembly will take 4 work hours and required parts will cost $2,685 for a total cost of $3,025 per helicopter.

Providing an opportunity for public comments prior to adopting these AD requirements would delay implementing the safety actions needed to correct this known unsafe condition. Therefore, we found and continue to find that the risk to the flying public justifies waiving notice and comment prior to adopting this rule because the previously described unsafe condition can adversely affect the controllability of the helicopter, and the initial required corrective actions must be accomplished before further flight or before accumulating 50 hours TIS, depending upon the hours TIS accumulated on the helicopter.

Since it was found that immediate corrective action was required, notice and opportunity for prior public comment before issuing this AD were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by Emergency AD 2015-16-51, issued on August 6, 2015, to all known U.S. owners and operators of these helicopters. These conditions still exist and the Emergency AD is hereby superseded.

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.

We are 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.

We determined that 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, I certify that this AD:

1. Is not a “significant regulatory action” under Executive Order 12866;

2. Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

4. 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.

We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):