DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0786; Project Identifier AD-2020-00914-R;
Amendment 39-21229; AD 2020-18-08]
RIN 2120-AA64
Airworthiness Directives; Robinson Helicopter Company
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-12-18
for Robinson Helicopter Company (Robinson) Model R44 II helicopters. AD
2019-12-18 required inspecting certain engine air induction hoses
(hoses) and replacing any hose that was not airworthy. AD 2019-12-18
also prohibited the installation of certain hoses. This AD continues to
require inspecting those previously affected hoses and amends the
applicability, clarifies an inspection requirement, adds a requirement
to repeat the inspection, and expands the installation prohibition.
This AD was prompted by an additional report of separation between the
outer and inner hose layers. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective August 27, 2020.
The FAA must receive any comments on this AD by October 13, 2020.
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: 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;
telephone 310-539-0508; fax 310-539-5198; or at 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 on the internet at https://www.regulations.
gov by searching for and locating Docket No. FAA-2020-
0786; 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 Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Roger Gretler, Aerospace 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 issued AD 2019-12-18, Amendment 39-19673 (84 FR 32028, July
5, 2019) (``AD 2019-12-18''), for Robinson Model R44 II helicopters. AD
2019-12-18 required, for helicopter serial numbers (S/Ns) 14248 through
14268 and 14270 through 14286 and helicopters with a hose part number
(P/N) A785-31 installed after April 30, 2018, 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 was any separation or a
crinkling sound, AD 2019-12-18 required replacing the hose before
further flight. If there was no separation and no crinkling sound, AD
2019-12-18 required replacing the hose within 50 hours time-in-service
(TIS). Finally, AD 2019-12-18 prohibited installing hose P/N A785-31
marked with code 1Q18 on any helicopter.
AD 2019-12-18 resulted from 12 reports, including an accident on
April 4, 2019, of separation between the outer and inner layers of the
orange silicone hose out of a suspected population of 100 hoses traced
to a specific manufacturing batch marked by code 1Q18 (1st quarter of
2018). The separation of the silicone layers, if not addressed, could
result in blockage of air flow to the engine, engine stoppage, and
subsequent loss of control of the helicopter. Accordingly, the FAA
issued AD 2019-12-18 to address the unsafe condition on these products.
Actions Since AD 2019-12-18 Was Issued
Since the FAA issued AD 2019-12-18, an NTSB report of October 2019
concluded from the accident aircraft's orange silicone hose marked by
code 1Q18, that contamination was introduced during the manufacturing
process between the silicone layers that prevented a satisfactory bond.
In addition, a helicopter accident occurred on April 6, 2020, and
preliminary investigation indicated that separation between the outer
and inner layers of the orange silicone hose P/N A785-31 occurred. This
hose was traced to the manufacturing batch marked by code 3Q17 (3rd
quarter of 2017).
Subsequently, the FAA determined that any helicopter with an
improved black neoprene hose P/N A785-31 installed should not be
affected by this AD. The FAA has also determined that, for helicopters
with an orange silicone hose, repeating the inspection is necessary.
Accordingly, the FAA is superseding AD 2019-12-18 to amend the
applicability from all Robinson Model R44 II helicopters to Model R44
II helicopters with an orange silicone hose P/N A785-31 installed. This
AD also clarifies that the hose must be removed to perform the
inspection, adds a requirement to repeat the inspection, and expands
the installation prohibition to include any orange silicone hose P/N A785-31
marked with code 3Q17 or with an illegible code marking.
Comments to AD 2019-12-18
After AD 2019-12-18 was published, the FAA received a comment from
one commenter.
Request
An anonymous commenter requested the FAA clarify which hose P/N
A785-31 must be replaced within 50 hours TIS. The commenter stated
that, as written, AD 2019-12-18 requires that any hose P/N A785-31
installed after April 30, 2018, must be replaced within 50 hours TIS
regardless of its code. The commenter asked whether this is correct, or
if instead whether only P/N A785-31 hoses with code 1Q18 need to be
replaced.
The commenter is correct that AD 2019-12-18 required replacement of
any hose P/N A785-31 installed after April 30, 2018, regardless of its
code. The FAA intended this requirement in the event the manufacturing
code becomes illegible during service. However, the FAA agrees that
instead only P/N A785-31 hoses marked with code 1Q18 (with no
separation and no crinkling sound) must be replaced within 50 hours
TIS. The FAA has changed this final rule accordingly.
Related Service Information
The FAA reviewed Robinson Helicopter Company R44 Service Bulletin
SB-97, dated April 11, 2019 (SB-97). This service information applies
to Robinson Model R44 II helicopters S/Ns 14248 through 14286, except
14269, and to any P/N A785-31 hoses shipped as spares from May through
November 2018. This service information 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.
This service information also specifies replacing or discarding all
affected hoses by June 30, 2019.
The FAA also reviewed Robinson Helicopter Company R44 Service
Bulletin SB-100, dated July 3, 2019 (SB-100). This service information
applies to Robinson Model R44 II helicopters S/Ns 10001 through 14314,
except 14269, 14287, 14299, and 14304, and to any P/N A785-31 hoses
shipped as spares through March 2019. This service information
specifies the same inspection procedures as SB-97, except with a
compliance time of within 100 hours TIS or by August 31, 2019,
whichever occurs first, and replacing the hose only if there is any
indication of separation. This service information also specifies
returning the hose to Robinson or discarding a hose with any indication
of separation.
FAA's Determination
The FAA is issuing this AD after evaluating all the relevant
information and determining 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 Model R44 II helicopters with S/Ns 14168
through 14314 inclusive (except S/Ns 14269, 14287, 14299, and 14304),
or with an orange silicone hose P/N A785-31 installed after October 1,
2017, and before the effective date of this AD, within 10 hours TIS
after the effective date of this AD, 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. This
inspection must be done with the hose removed.
If there is any separation or a crinkling sound, removing
the hose from service before further flight.
If there is no separation and no crinkling sound, and the
hose is marked with code 3Q17 or 1Q18 or the code marking is illegible,
removing the hose from service within 50 hours TIS.
For all Robinson Model R44 II helicopters with an orange
silicone hose P/N A785-31 installed, performing the inspection of the
inside of the hose at intervals not to exceed 100 hours TIS or at each
annual inspection after the effective date of this AD, whichever occurs
first. If there is any separation or a crinkling sound, removing the
hose from service before further flight.
This AD prohibits installing an orange silicone hose P/N A785-31
marked with code 1Q18 or 3Q17, or with an illegible code marking, on
any helicopter.
Because this AD only applies to Model R44 II helicopters with an
orange silicone hose P/N A785-31 installed, operators do not have to
comply with this AD if they have replaced the orange silicone hose
installed on their helicopter with a black neoprene hose P/N A785-31.
Differences Between This AD and the Service Information
SB-97 and SB-100 apply to Robinson Model R44 II helicopters with
certain S/Ns and certain spare hoses. This AD applies to Robinson Model
R44 II helicopters with an orange silicone hose P/N A785-31 installed
instead. SB-97 specifies inspecting the hose within one flight hour or
prior to further flight if engine roughness or power loss has been
encountered, and SB-100 specifies inspecting the hose within 100 hours
TIS or by August 31, 2019, whichever occurs first. For certain
helicopters, this AD requires inspecting the hose within 10 hours TIS,
and for all other helicopters, within 100 hours TIS or at the next
annual inspection, whichever occurs first. This AD requires repeating
the inspection, whereas SB-97 and SB-100 do not. SB-97 specifies
replacing all affected hoses, even if they pass the inspection, by June
30, 2019, and SB-100 specifies only replacing a hose if the hose has
any indication of separation. This AD requires removing from service
all hoses with any separation or a crinkling sound, as well as hoses
marked with code 3Q17, 1Q18, or an illegible code, even if they pass
the inspection.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (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 the corrective actions must be completed within 10 hours TIS
and within 100 hours TIS, a time period of up to four months based on
the average flight-hour utilization rates of these helicopters.
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 the FAA did not provide you with notice and an opportunity
to provide your comments prior to it becoming
effective. However, the FAA invites you to participate in this
rulemaking by submitting written comments, data, or views. The most
helpful comments reference a specific portion of the AD, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit them only one time.
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 file in the docket all comments received, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this rulemaking during the comment period. The FAA
will consider all the comments received and may conduct additional
rulemaking based on those comments.
Confidential Business Information
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 final rule 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 final rule, 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 final rule. Submissions
containing CBI should be sent to Roger Gretler, Aerospace Engineer, Los
Angeles ACO Branch, Compliance & Airworthiness Division, FAA, 3960
Paramount Blvd., Lakewood, CA 90712; phone 562-627-5251; email
roger.gretler@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 the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects up to 187 helicopters of
U.S. registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
Inspecting a hose takes about 0.5 work-hour for an estimated cost
of $43 per helicopter and $8,041 for the U.S. fleet per inspection
cycle. Replacing a hose takes about 0.5 work-hour and parts cost about
$151 for an estimated cost of $194 per helicopter.
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 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. The FAA amends Sec. 39.13 by:
a. Removing Airworthiness Directive (AD) 2019-12-18, Amendment 39-19673
(84 FR 32028, July 5, 2019); and
b. Adding the following new AD:
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