[Federal Register Volume 69, Number 59 (Friday, March 26, 2004)]
[Proposed Rules]
[Pages 15743-15744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6779]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-SW-30-AD]
RIN 2120-AA64


Airworthiness Directives; Robinson Helicopter Company Model R44 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM); rescission.

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SUMMARY: This amendment proposes rescinding an existing Airworthiness 
Directive (AD) for Robinson Helicopter Company (Robinson) Model R44 
helicopters. That AD currently requires revisions to the R44 Rotorcraft 
Flight Manual (RFM). The revisions limit operations in high winds and 
turbulence; provide information about main rotor (M/R) stall and mast 
bumping, recommendations for avoiding these situations, and additional 
emergency procedures for use in certain conditions. This action would 
rescind all the requirements of AD 95-26-05, Amendment 39-9463, Docket 
95-SW-30-AD. This proposal is prompted by the FAA's determination that 
the limitations and the procedures required by that AD are no longer 
necessary to correct an unsafe condition.

DATES: Comments must be received on or before May 25, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA) Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 95-SW-30-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. Comments may be inspected at this location 
between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. You may also send comments electronically to the Rules Docket 
at the following address: [email protected].

FOR FURTHER INFORMATION CONTACT: Gordon Acker, FAA, Los Angeles 
Aircraft Certification Office, Flight Test Branch, 3960 Paramount 
Blvd., Lakewood, California 90712-4137, telephone (562) 627-5374, fax 
(562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this document may be changed 
in light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their mailed 
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 95-SW-30-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    On December 11, 1995, the FAA issued AD 95-26-05, Amendment 39-
9463, Docket No. 95-SW-30-AD (60 FR 66488, December 22, 1995), for 
Robinson Model R44 helicopters. AD 95-26-05 superseded AD 95-04-13, 
Amendment 39-9165, Docket No. 95-SW-12-AD, issued February 23, 1995 (60 
FR 11611, March 2, 1995). AD 95-04-13 superseded Priority Letter AD 95-
02-04, Docket No. 95-SW-08-AD, issued January 12, 1995. AD 95-26-05 
requires revisions to the Limitations, the Normal Procedures, and the 
Emergency

[[Page 15744]]

Procedures sections of the R44 RFM. These revisions limit operations in 
certain winds and turbulence; provide information about M/R stall and 
mast bumping; and provide recommendations for avoiding these 
situations. Additionally, emergency procedures are provided for use 
should certain conditions be encountered. AD 95-26-05 reduces the 
limitations required by the superseded ADs for pilots who have the 
flight experience specified in AD 95-26-05 and who have completed the 
SFAR No. 73 training.

Actions Since Issuing Previous AD

    Since issuing AD 95-26-05, an FAA Technical Panel (TP) met on April 
30, 1996, and recommended that AD 95-26-05 be rescinded. Recommendation 
Number 1 in the TP Executive Summary states: ``Rescind AD 95-26-05 
(restricting operations of the R44 in high wind and turbulence) based 
upon the results of the R44 Rotor Decay and Blade Flapping Survey 
conducted in July and August 1995 and the pilot workload reduction 
afforded by mandatory in-flight use of the throttle governor in all R44 
helicopters.'' AD 96-11-09, Amendment 39-9634, Docket No. 95-SW-32-AD 
issued May 15, 1996 (61 FR 26427, May 28, 1996), prohibits flight with 
the governor ``off'' except for in-flight system malfunctions or 
emergency procedures training. The TP recommended rescission has been 
pending for over 7 years. No additional incidents or accidents have 
occurred that are due to M/R stall or mast bumping at abnormally low M/
R revolutions-per-minute, flight in high winds, or flight in turbulence 
that indicate that the limitations imposed by AD 95-26-05 are still 
needed.

FAA's Conclusions

    After reviewing the available data, the FAA has determined that it 
is appropriate to rescind AD 95-26-05 to eliminate unnecessary 
limitations and procedures. The limitations and procedures imposed by 
that AD are no longer needed to correct an unsafe condition.
    This proposed action would rescind AD 95-26-05. Rescission of AD 
95-26-05 would constitute only such action and if followed by a final 
action would not preclude the agency from issuing another action in the 
future nor would it commit the agency to any course of action in the 
future.

Cost Impact

    The FAA estimates that 515 helicopters of U.S. registry are 
affected by AD 95-26-05 and that it would take approximately \1/2\ work 
hour per helicopter to accomplish the actions at an average labor rate 
of $65 per work hour. Based on these figures, the total cost impact of 
the AD on U.S. operators is estimated to be $16,738. However, adopting 
this proposed rescission would eliminate those costs.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the economic 
evaluation prepared for this action is contained in the Rules Docket. A 
copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 an AD removing Amendment 39-
9463 to read as follows:

Robinson Helicopter Company: Docket No. 95-SW-30-AD. Rescinds AD 95-
26-05, Amendment 39-9463.

    Applicability: Model R44 helicopters, certificated in any 
category.

    Issued in Fort Worth, Texas, on March 10, 2004.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-6779 Filed 3-25-04; 8:45 am]
BILLING CODE 4910-13-P