[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26427-26429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13207]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-SW-32-AD; Amendment 39-9634; AD 96-11-09]
RIN 2120-AA64


Airworthiness Directives; Robinson Helicopter Company Model R44 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to Robinson Helicopter Company (Robinson) Model R44 
helicopters, that requires an adjustment to the low-RPM warning unit 
threshold to increase the revolutions-per-minute (RPM) at which the 
warning horn and caution light activate, and revisions to the R44 
Rotorcraft Flight Manual that prohibit flight with the throttle 
governor (governor) selected off, except in certain situations. This 
amendment is prompted by an FAA Technical Panel Review of Robinson 
accident history data which revealed that main rotor (M/R) blade stall 
at abnormally low M/R RPM resulted in accidents. The actions specified 
by this AD are intended to minimize the possibility of pilot 
mismanagement of the M/R RPM, which could result in unrecoverable M/R 
stall and subsequent loss of control of the helicopter.

EFFECTIVE DATE: July 2, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Bumann, Aerospace 
Engineer, FAA, Los Angeles Aircraft Certification Office, 3960 
Paramount Blvd., Lakewood, California 90712-4137, telephone (310) 627-
5265; fax (310) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to Robinson Model R44 helicopters was 
published in the Federal Register on February 2, 1996 (61 FR 3882). 
That action proposed to require resetting the warning unit to activate 
the warning horn and caution

[[Page 26428]]

light at 96% to 97% RPM, and revisions to the R44 Rotorcraft Flight 
Manual that prohibit flight with the governor selected off, except in 
certain situations.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Two comments were received. One commenter supports the proposal. 
The other commenter states that the proposal should not be issued since 
it is unnecessary with little impact on safety. The commenter notes 
that Robinson Helicopter R44 Service Bulletin SB-7A, revised June 8, 
1995, already requires all helicopters to be updated with the low RPM 
warning horn threshold between 96% to 98% RPM. Additionally, the 
commenter states that all U.S. registered aircraft have the current 
revision of the R44 Rotorcraft Flight Manual (RFM) incorporating the 
governor off limitation.
    The FAA does not concur. Manufacturer's Service Bulletins are not 
mandatory for Part 91 operators. Similarly, flight manual revisions are 
not required to be inserted in the RFM unless the revision is required 
by an AD. The FAA has determined that AD action should be taken to 
ensure that all U.S. operators have incorporated the revision to the 
Limitations section of the FAA-approved R44 RFM regarding operation of 
the governor.
    The same commenter also disagrees with the proposed action 
requiring an instructor pilot to be present with a high-time 
experienced pilot while practicing emergency procedures with the 
governor off. The commenter notes that since the R44 RFM requires the 
governor off for autorotations, high-time experienced pilots would only 
be allowed to practice autorotations with an instructor pilot present. 
The commenter believes that a pilot should be able to practice 
autorotations without an instructor.
    The FAA concurs. Pilots should be able to reinforce their training 
by practicing maneuvers in which they have already demonstrated 
proficiency. Pilots who have received an endorsement from a certified 
flight instructor to act as a pilot in command of a Robinson R44 
helicopter should be allowed to practice emergency procedures training 
without the assistance of a flight instructor. This final rule is 
revised to require the Limitations section of the R44 RFM to read 
``Flight prohibited with governor selected off, with exceptions for 
inflight system malfunction or emergency procedures training.''
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed except for 
revisions to paragraph (b) to delete the words ``with an instructor 
pilot'' from the requirement ``flight prohibited with governor selected 
off, with exceptions for inflight system malfunction or emergency 
procedures training with an instructor pilot.''
    The FAA estimates that 20 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 0.2 work hour per 
helicopter to accomplish the actions, and that the average labor rate 
is $60 per work hour. Based on these figures, the total cost impact of 
the AD on U.S. operators is estimated to be $240.
    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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); and (3) 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

AD 96-11-09 Robinson Helicopter Company: Amendment 39-9634. Docket 
No. 95-SW-32-AD.

    Applicability: Model R44 helicopters, serial numbers (S/N) 0001 
through 0183 and 0189, certificated in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (c) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition, or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any helicopter from the applicability of this AD.

    Compliance: Required within 30 days after the effective date of 
this AD, unless accomplished previously.
    To minimize the possibility of pilot mismanagement of the main 
rotor (M/R) RPM, which could result in M/R stall and subsequent loss 
of control of the helicopter, accomplish the following:
    (a) Adjust the A569-6 low-RPM warning unit so that the warning 
horn and caution light activate when the M/R RPM is between 96% and 
97% rotor RPM in accordance with the procedures contained in the 
applicable maintenance manual.
    (b) Insert page 2-7 of the FAA-approved Robinson Helicopter 
Company R44 Rotorcraft Flight Manual, revised July 25, 1995, into 
each Model R44 helicopter's flight manual, and make pen-and-ink 
changes to page 2-7 to add the word ``inflight'' before ``system 
malfunction,'' and change ``and'' to ``or,'' so that the affected 
limitation will state ``Flight prohibited with governor selected 
off, with exceptions for inflight system malfunction or emergency 
procedures training.''
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office, FAA. Operators shall submit their requests through an FAA 
Principal Maintenance Inspector, who may concur or comment and then 
send it to the Manager, Los Angeles Aircraft Certification Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles Aircraft Certification Office.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR

[[Page 26429]]

21.197 and 21.199) to operate the helicopter to a location where the 
requirements of this AD can be accomplished.
    (e) This amendment becomes effective on July 2, 1996.

    Issued in Fort Worth, Texas, on May 15, 1996.
Daniel P. Salvano,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 96-13207 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-13-P