Airworthiness Directives; Robinson Helicopter Company Helicopters, 49915-49917 [2021-19300]
Download as PDF
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations
(IBR) 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) Rolls-Royce Non-Modification Service
Bulletin Trent XWB 72–K633, Initial Issue,
dated August 7, 2020.
(ii) [Reserved]
(3) For Rolls-Royce service information
identified in this AD, contact Rolls-Royce
plc, Corporate Communications, P.O. Box 31,
Derby, DE24 8BJ, United Kingdom; phone:
+44 (0)1332 242424; fax: +44 (0)1332 249936;
website: https://www.rolls-royce.com/
contact-us.aspx.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–7759.
(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: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on August 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–19175 Filed 9–3–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0727; Project
Identifier AD–2021–00835–R; Amendment
39–21726; AD 2021–19–08]
RIN 2120–AA64
Airworthiness Directives; Robinson
Helicopter Company Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Robinson Helicopter Company Model
R44 and R44 II helicopters. This AD was
prompted by reports of cracked tail rotor
blades (blades). This AD requires
checking each blade for any crack and
removing any cracked blade from
service. This AD also requires removing
all affected blades from service and
prohibits installing any affected blade
on any helicopter. The FAA is issuing
this AD to address the unsafe condition
on these products.
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SUMMARY:
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16:15 Sep 03, 2021
Jkt 253001
This AD is effective September
22, 2021.
The FAA must receive comments on
this AD by October 22, 2021.
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
https://www.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.
For service information identified in
this final rule, contact Robinson
Helicopter Company, Pete Riedl, 2901
Airport Drive, Torrance, CA 90505,
United States; phone: (310) 539–0508;
email: eng1@robinsonheli.com; website:
https://robinsonheli.com/. 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.
DATES:
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0727; 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
the Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
James Guo, Aerospace Engineer,
Airframe Section, Los Angeles ACO
Branch, Compliance & Airworthiness
Division, FAA, 3960 Paramount Blvd.,
Lakewood, CA 90712; telephone (562)
627–5357; email james.guo@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA received reports of spanwise
cracks found along the leading edge of
part number (P/N) C029–3 blades, serial
numbers (S/N) 9410 through 9909.
These affected blades were factoryinstalled or shipped as spares between
March and December 2019. The cracks
were found at different inspection
intervals ranging from preflight
inspections to 100-hour inspections. In
one instance, a cracked blade was
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49915
suspected when the pilot felt abnormal
vibrations during flight; subsequent
investigation determined that the blade
was cracked. The cause of the cracks is
a manufacturing defect in the properties
of the blade skin that makes the blades
prone to stress corrosion cracking. This
condition, if not addressed, could result
in reduced controllability and
subsequent loss of control of the
helicopter. The FAA is issuing this AD
to address the unsafe condition on these
products.
FAA’s Determination
The FAA is issuing this AD because
the agency has determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
Related Service Information
The FAA reviewed Robinson
Helicopter Company R44 Service
Bulletin
SB–108, dated June 30, 2021. This
service bulletin specifies removing P/N
C029–3 blades with S/N 9410 through
9909 from service. For continued
operation until the affected blades are
replaced, the service bulletin specifies a
preflight inspection to be performed by
the pilot.
AD Requirements
This AD requires, before further flight
and thereafter before each flight,
checking blade P/N C029–3 with S/N
9410 through 9909 inclusive, for any
crack along the leading edge of the
blade. An owner/operator (pilot) may
perform this required check but must
enter compliance with the applicable
paragraph of this AD in the helicopter
maintenance records in accordance with
14 CFR 43.9(a)(1) through (4) and
91.417(a)(2)(v). A pilot may perform this
check because it involves visually
checking each blade for a crack. This
action can be performed equally well by
a pilot or a mechanic. This check is an
exception to the FAA’s standard
maintenance regulations. This AD also
requires, before further flight, removing
from service any cracked blade and
prohibits installing the affected blades
on any helicopter. Additionally, this AD
requires, within three months after the
effective date of this AD, removing all
affected blades from service.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(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
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations
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 foregoing notice
and comment prior to adoption of this
rule because an urgent unsafe condition
exist and corrective actions must
accomplished before further flight and
then within three months. Accordingly,
notice and opportunity for prior public
comment are impracticable and contrary
to the public interest pursuant to 5
U.S.C. 553(b)(3)(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 forego
notice and comment.
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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 ADDRESSES.
Include ‘‘Docket No. 2021–0727 and
Project Identifier AD–2021–00835–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 https://
www.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
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16:15 Sep 03, 2021
Jkt 253001
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 James Guo, Aerospace
Engineer, Airframe Section, Los Angeles
ACO Branch, Compliance &
Airworthiness Division, FAA, 3960
Paramount Blvd., Lakewood, CA 90712;
telephone (562) 627–5357; email
james.guo@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.
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 164 helicopters of U.S. registry.
The FAA estimates the following costs
to comply with this AD. Labor costs are
estimated at $85 per work-hour.
Checking the tail rotor blade for any
crack takes about 0.25 work-hour for an
estimated cost of $22 per inspection.
Replacing the tail rotor blade takes
about 3.5 work-hours and parts cost
about $3,320 for an estimated cost of
$3,618 per helicopter.
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some of the
costs of this AD may be covered under
warranty, thereby reducing the cost
impact on affected operators.
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
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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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2021–19–08 Robinson Helicopter Company:
Amendment 39–21726; Docket No.
FAA–2021–0727; Project Identifier AD–
2021–00835–R.
(a) Effective Date
This airworthiness directive (AD) is
effective September 22, 2021.
(b) Affected ADs
None.
(c) Applicability
Robinson Helicopter Company Model R44
and R44 II helicopters, certificated in any
category, with a tail rotor blade (blade) part
number (P/N) C029–3 with serial number (S/
N) 9410 through 9909 inclusive, installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code: 6410, Tail Rotor Blades.
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations
(e) Unsafe Condition
DEPARTMENT OF TRANSPORTATION
This AD was prompted by reports of
cracked blades. The FAA is issuing this AD
to detect and prevent cracks in the affected
blades. The unsafe condition, if not
addressed, could result in reduced
controllability and subsequent loss of control
of the helicopter.
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2021–0424; Airspace
Docket No. 21–ACE–13]
(f) Compliance
RIN 2120–AA66
Comply with this AD within the
compliance times specified, unless already
done.
Amendment of Class E Airspace;
Malden, MO
(g) Required Actions
(1) Before further flight and thereafter
before each flight, check each blade at the
leading edge for a crack. This action may be
performed by the owner/operator (pilot)
holding at least a private pilot certificate and
must be entered into the aircraft records
showing compliance with this AD in
accordance with 14 CFR 43.9(a)(1) through
(4) and 14 CFR 91.417(a)(2)(v). The record
must be maintained as required by 14 CFR
91.417, 121.380, or 135.439.
(2) If there is any crack, before further
flight, remove the blade from service.
(3) As of the effective date of this AD, do
not install a blade identified in paragraph (c)
of this AD on any helicopter.
(4) Within three months after the effective
date of this AD, remove from service any
blade identified in paragraph (c) of this AD.
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles ACO 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
certification office, send it to the attention of
the person identified in paragraph (i) of this
AD. Information may be emailed to: 9-ANMLAACO-AMOC-REQUESTS@faa.gov.
(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.
(i) Related Information
For more information about this AD,
contact James Guo, Aerospace Engineer,
Airframe Section, Los Angeles ACO Branch,
Compliance & Airworthiness Division, FAA,
3960 Paramount Blvd., Lakewood, CA 90712;
telephone (562) 627–5357; email james.guo@
faa.gov.
(j) Material Incorporated by Reference
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None.
Issued on September 1, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–19300 Filed 9–2–21; 11:15 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:15 Sep 03, 2021
Jkt 253001
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Class E
airspace extending upward from 700
feet above the surface at Malden
Regional Airport, (formerly Malden
Municipal Airport), Malden, MO. The
FAA is taking this action as a result of
an airspace review caused by the
decommissioning of the Malden Very
High Frequency Omni-Directional
Range (VOR) co-located with Tactical
Air Navigation (TACAN) which equates
to a (VORTAC) navigation aid as part of
the VOR Minimum Operational
Network (MON) Program. Controlled
airspace is necessary for the safety and
management of instrument flight rules
(IFR) in the area.
DATES: Effective 0901 UTC, December 2,
2021. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
ADDRESSES: FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; Telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email
fr.inspection@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Ave.,
College Park, GA 30337; Telephone
(404) 305–6364.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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49917
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends the
Class E airspace extending upward from
700 feet above the surface in Malden,
MO, to support IFR operations in the
area.
History
The FAA published a notice of
proposed rulemaking in the Federal
Register (86 FR 33920, June 28, 2021)
for Docket No. FAA–2021–0424 to
amend Class E airspace extending
upward from 700 feet above the surface
at Malden Regional Airport, Malden,
MO, due to the decommissioning of the
Malden VORTAC.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received.
Class E airspace designations are
published in Paragraph 6005, of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020,
and effective September 15, 2020. FAA
Order 7400.11E is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic routes, and reporting points.
The Rule
The FAA is amending 14 CFR part 71
by amending the Class E airspace
extending upward from 700 feet above
the surface for Malden Regional Airport,
Malden, MO, as the Malden VORTAC
has been decommissioned and all
associated airspace extensions of Class E
airspace extending upward from 700
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Agencies
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Rules and Regulations]
[Pages 49915-49917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19300]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0727; Project Identifier AD-2021-00835-R;
Amendment 39-21726; AD 2021-19-08]
RIN 2120-AA64
Airworthiness Directives; Robinson Helicopter Company Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Robinson Helicopter Company Model R44 and R44 II helicopters.
This AD was prompted by reports of cracked tail rotor blades (blades).
This AD requires checking each blade for any crack and removing any
cracked blade from service. This AD also requires removing all affected
blades from service and prohibits installing any affected blade on any
helicopter. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective September 22, 2021.
The FAA must receive comments on this AD by October 22, 2021.
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 https://www.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.
For service information identified in this final rule, contact
Robinson Helicopter Company, Pete Riedl, 2901 Airport Drive, Torrance,
CA 90505, United States; phone: (310) 539-0508; email:
[email protected]; website: https://robinsonheli.com/. 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.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0727; 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 the
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: James Guo, Aerospace Engineer,
Airframe Section, Los Angeles ACO Branch, Compliance & Airworthiness
Division, FAA, 3960 Paramount Blvd., Lakewood, CA 90712; telephone
(562) 627-5357; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA received reports of spanwise cracks found along the leading
edge of part number (P/N) C029-3 blades, serial numbers (S/N) 9410
through 9909. These affected blades were factory-installed or shipped
as spares between March and December 2019. The cracks were found at
different inspection intervals ranging from preflight inspections to
100-hour inspections. In one instance, a cracked blade was suspected
when the pilot felt abnormal vibrations during flight; subsequent
investigation determined that the blade was cracked. The cause of the
cracks is a manufacturing defect in the properties of the blade skin
that makes the blades prone to stress corrosion cracking. This
condition, if not addressed, could result in reduced controllability
and subsequent loss of control of the helicopter. The FAA is issuing
this AD to address the unsafe condition on these products.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
Related Service Information
The FAA reviewed Robinson Helicopter Company R44 Service Bulletin
SB-108, dated June 30, 2021. This service bulletin specifies
removing P/N C029-3 blades with S/N 9410 through 9909 from service. For
continued operation until the affected blades are replaced, the service
bulletin specifies a preflight inspection to be performed by the pilot.
AD Requirements
This AD requires, before further flight and thereafter before each
flight, checking blade P/N C029-3 with S/N 9410 through 9909 inclusive,
for any crack along the leading edge of the blade. An owner/operator
(pilot) may perform this required check but must enter compliance with
the applicable paragraph of this AD in the helicopter maintenance
records in accordance with 14 CFR 43.9(a)(1) through (4) and
91.417(a)(2)(v). A pilot may perform this check because it involves
visually checking each blade for a crack. This action can be performed
equally well by a pilot or a mechanic. This check is an exception to
the FAA's standard maintenance regulations. This AD also requires,
before further flight, removing from service any cracked blade and
prohibits installing the affected blades on any helicopter.
Additionally, this AD requires, within three months after the effective
date of this AD, removing all affected blades from service.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(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
[[Page 49916]]
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 foregoing notice and comment prior to adoption of this rule
because an urgent unsafe condition exist and corrective actions must
accomplished before further flight and then within three months.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(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 forego notice and
comment.
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
ADDRESSES. Include ``Docket No. 2021-0727 and Project Identifier AD-
2021-00835-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
https://www.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 James
Guo, Aerospace Engineer, Airframe Section, Los Angeles ACO Branch,
Compliance & Airworthiness Division, FAA, 3960 Paramount Blvd.,
Lakewood, CA 90712; telephone (562) 627-5357; email [email protected].
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
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 164 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD.
Labor costs are estimated at $85 per work-hour. Checking the tail rotor
blade for any crack takes about 0.25 work-hour for an estimated cost of
$22 per inspection. Replacing the tail rotor blade takes about 3.5
work-hours and parts cost about $3,320 for an estimated cost of $3,618
per helicopter.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.
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
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:
2021-19-08 Robinson Helicopter Company: Amendment 39-21726; Docket
No. FAA-2021-0727; Project Identifier AD-2021-00835-R.
(a) Effective Date
This airworthiness directive (AD) is effective September 22,
2021.
(b) Affected ADs
None.
(c) Applicability
Robinson Helicopter Company Model R44 and R44 II helicopters,
certificated in any category, with a tail rotor blade (blade) part
number (P/N) C029-3 with serial number (S/N) 9410 through 9909
inclusive, installed.
(d) Subject
Joint Aircraft System Component (JASC) Code: 6410, Tail Rotor
Blades.
[[Page 49917]]
(e) Unsafe Condition
This AD was prompted by reports of cracked blades. The FAA is
issuing this AD to detect and prevent cracks in the affected blades.
The unsafe condition, if not addressed, could result in reduced
controllability and subsequent loss of control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Before further flight and thereafter before each flight,
check each blade at the leading edge for a crack. This action may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with 14 CFR 43.9(a)(1)
through (4) and 14 CFR 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417, 121.380, or 135.439.
(2) If there is any crack, before further flight, remove the
blade from service.
(3) As of the effective date of this AD, do not install a blade
identified in paragraph (c) of this AD on any helicopter.
(4) Within three months after the effective date of this AD,
remove from service any blade identified in paragraph (c) of this
AD.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles ACO 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 certification office, send it to the attention of
the person identified in paragraph (i) 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.
(i) Related Information
For more information about this AD, contact James Guo, Aerospace
Engineer, Airframe Section, Los Angeles ACO Branch, Compliance &
Airworthiness Division, FAA, 3960 Paramount Blvd., Lakewood, CA
90712; telephone (562) 627-5357; email [email protected].
(j) Material Incorporated by Reference
None.
Issued on September 1, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-19300 Filed 9-2-21; 11:15 am]
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