DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0361; Product Identifier 2019-SW-015-AD; Amendment
39-19673; AD 2019-12-18]
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
Robinson Helicopter Company (Robinson) Model R44 II helicopters. This
AD requires inspecting the engine air induction hose (hose) and
replacing any hose that is not airworthy. This AD was prompted by
multiple reports of separation between the outer and inner layers of
the hoses. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective July 5, 2019.
The FAA must receive comments on this AD by August 19, 2019.
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 http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, 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, 2901 Airport Drive, Torrance, CA 90505;
phone 310-539-0508; fax 310-539-5198; or at https://robinsonheli.com/
robinson-r44-service-bulletins/. 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.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2019-0361;
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, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Roger Gretler, Aviation Safety
Engineer, Los Angeles ACO Branch, Compliance & Airworthiness Division,
FAA, 3960 Paramount Blvd., Lakewood, CA 90712; phone 562- 627-5251;
email roger.gretler@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA has received reports of separation between the outer and
inner layers of the hose part number (P/N) A785-31. The FAA's
investigation shows that, to date, 12 hoses have been inspected and all
12 out of a suspect population of 100 exhibit this condition. The
suspect population is traced to a specific manufacturing batch marked
by code 1Q18. This condition, if not addressed, could result in
blockage of air flow to the engine, engine stoppage, and subsequent
loss of control of the helicopter. The FAA is issuing this AD to
address the unsafe condition on these products.
Record of Ex Parte Communication
In preparation of AD actions such as notices of proposed rulemaking
and immediately adopted final rules, it is the practice of the FAA to
obtain technical information and information on operational and
economic impacts from design approval holders and aircraft operators.
The FAA discussed certain aspects of this AD by email and telephone
with Robinson. A summary of the discussions can be found in the
rulemaking docket. For information on locating the docket, see
``Examining the AD Docket.''
Related Service Information
The FAA reviewed Robinson R44 Service Bulletin SB-97, dated April
11, 2019 (SB). The SB applies to Robinson Model R44 II helicopters
serial numbers (S/N) 14248 through 14286, except 14269, and to any
A785-31 hoses shipped as spares from May through November 2018. The SB
specifies, within 1 flight hour or prior to further flight if engine
roughness or power loss is, or has been encountered, visually
inspecting the hose for separation, flexing the hose to listen for a
crinkling sound, which is an indication of separation, and replacing
any hose that shows indication of separation. The SB also specifies
replacing or discarding all affected hoses by June 30, 2019.
FAA's Determination
The FAA is issuing this AD because the FAA evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
AD Requirements
This AD requires, for Robinson R44 II helicopters S/N 14248 through
14268 and 14270 through 14286 or with a hose P/N A785-31 installed
after April 30, 2018, within 10 hours time-in-service (TIS), inspecting
the inside of the hose for separation between the outer and inner
layers, and flexing the hose in all directions while listening for a
crinkling sound, which is an indication of separation. If there is any
separation or a crinkling sound, this AD requires replacing the hose
before further flight. If there is no separation and no crinkling
sound, this AD requires replacing the hose within 50 hours TIS.
Finally, after the effective date of this AD, installing on any
helicopter a hose P/N A785-31 marked with code 1Q18 is prohibited.
Differences Between the AD and the Service Information
The SB specifies corrective action within one flight hour or prior
to further flight if engine roughness or power loss is, or has been,
encountered. This AD requires corrective action within 10 hours TIS.
The compliance times specified in this AD differ from the SB because
the FAA determined 10 hours TIS is a reasonable amount of time to
comply with the required corrective actions. The SB applies only to
those serial-numbered helicopters with an affected hose installed,
whereas this AD also applies to helicopters with a hose that has been
replaced after April 30, 2018.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those 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 seeking comment prior to the
rulemaking.
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 waiving notice and comment prior to adoption of this rule
because corrective actions must be made within 10 hours TIS. Therefore,
notice and opportunity for prior public comment are impracticable and
contrary to public interest pursuant to 5 U.S.C. 553(b)(3)(B). In
addition, for the reasons stated above, 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.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites 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-2019-
0361 and Product Identifier 2019-SW-015-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
The FAA will post all comments received, without change, to http://www.
regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this final rule.
Costs of Compliance
The FAA estimates that this AD may affect up to 88 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. Inspecting the
hose takes about 0.5 work-hour and replacing it takes about 0.5 work-
hour. Parts cost are about $134 per hose for an estimated cost of $219
per helicopter.
According to Robinson's service information, some of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all costs in
the 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.
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.
Adoption of 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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