Discussion
We issued AD 2017-15-02, Amendment 39-18962 (82 FR 33439, July 20, 2017), (``AD 2017-15-02''). AD 2017-15-02 applied to Bell Model 212 and 412 helicopters with an engine oil or fuel check valve part number (P/ N) 209-062-520-001 or P/N 209-062-607-001 that was manufactured by Circor Aerospace, marked ``Circle Seal'' and marked with a manufacturing date code of ``10/11'' (October 2011) through ``03/15'' (March 2015) installed. AD 2017-15-02 resulted from a report that certain part numbered 209-062-520-001 check valves manufactured by Circor Aerospace as replacement parts have been found cracked or leaking on several Bell Model 427 and Model 429 helicopters. These check valves may be installed as engine oil check valves on Bell Model 212 helicopters. Similar check valves, part number 209-062-607-001, may be installed as fuel check valves on Bell Model 212 or 412 helicopters. These check valves may have a condition induced during assembly that can cause the valve body to crack, resulting in oil or fuel leakage. This condition could result in loss of lubrication or fuel to the engine, failure of the engine or a fire, and subsequent loss of control of the helicopter. To address this condition, AD 2017-15-02 required replacing the engine oil and fuel check valves and prohibited installing an affected check valve on any helicopter.
Actions Since AD 2017-15-02 Was Issued
Since we issued AD 2017-15-02, we discovered an error in that Bell Model 412CF and 412EP helicopters should have been included in the applicability of the AD. Additionally, Bell revised its service information to exclude check valves identified with ``TQL'' regardless of manufacture date. Check valves marked ``TQL'' were manufactured using a different process and are not affected by the unsafe condition. Therefore, we are superseding AD 2017-15-02 to add Bell Model 412CF and 412EP helicopters to the applicability and to exclude check valves marked``TQL.''
Related Service Information
We reviewed Bell Alert Service Bulletin (ASB) 212-15-153, Revision A, dated October 6, 2017 (212-15-153), and Bell ASB 212-15-155, Revision A, dated October 6, 2017 (212-15-155), for Model 212 helicopters; Bell ASB 412-15-165, Revision A, dated October 6, 2017 (412-15-165), and Bell ASB 412-15-168, Revision A, dated October 6, 2017 (ASB 412-15-168), for Model 412 and 412 EP helicopters; and Bell ASB 412CF-15-57, Revision A, dated October 6, 2017 (412CF-15-57), and Bell ASB 412CF-15-59, Revision A, dated October 6, 2017 (412CF-15-59), for Model 412CF helicopters. ASB 212-15-153, ASB 412-15-165, and ASB 412-CF-15-57 contain procedures for inspecting and replacing engine oil check valve P/N 209-062-520-001. ASB 212-15-155, ASB 412-15-168, and ASB
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412CF-15-59 contain procedures for inspecting and replacing fuel check valve P/N 209-062-607-001. Revision A of the service information clarifies that check valves identifiedwith ``TQL'' are not affected by the ASB procedures.
FAA's Determination
We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of these same type designs.
AD Requirements
This AD requires, within 25 hours time-in-service (TIS), replacing the engine oil and fuel check valves. This AD also prohibits installing on any helicopter a check valve P/N 209-062-520-001 or P/N 209-062-607- 001 that was manufactured by Circor Aerospace, marked ``Circle Seal'' and marked with a manufacturing date code of ``10/11'' (October 2011) through ``03/15'' (March 2015), except if ``TQL'' is marked next to the manufacturing date code.
FAA's Justification and Determination of the Effective Date
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 foundthat the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the actions required by this AD must be accomplished within 25 hours TIS, a very short interval for helicopters used in firefighting and logging operations. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reason stated above, we find that good cause exists for making this amendment effective in less than 30 days.
Comments Invited
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 before it becomes effective. However, we invite 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 the docket number FAA-2018-0738 and product identifier 2017-SW-132-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this final rule. We will consider all comments received by the closing date and may amend this final rule because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this final rule.
Costs of Compliance
We estimate that this AD affects 161 (59 Model 212 and 102 Model 412) helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to comply with this AD. At an average labor rate of $85, replacing each check valve (engine oil or fuel) will require about 1 work-hour, and required parts will cost $85. For the Model 212, we estimate a total cost of $340 per helicopter and $20,060 for the U.S. fleet. For the Model 412, we estimate a total cost of $170 per helicopter and $17,340 for the U.S. fleet.
According to Bell's service information some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage by Bell. Accordingly, we have included all costs in our cost estimate.
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.
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.
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) 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, 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.
Listof Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.