[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]


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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.

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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]
BILLING CODE 4910-13-P