[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Rules and Regulations]
[Pages 37228-37231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13362]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0685; Project Identifier MCAI-2022-00243-R; 
Amendment 39-22093; AD 2022-13-07]
RIN 2120-AA64


Airworthiness Directives; AutoGyro Certification Limited (Type 
Certificate Previously Held by RotorSport UK Ltd) Gyroplanes

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 all 
AutoGyro Certification Limited (type certificate previously held by 
RotorSport UK Ltd) Model Calidus, Cavalon, and MTOsport 2017 
gyroplanes. This AD was prompted by reports of rotor blade longitudinal 
cracking and rotor blade attachment bolt hole fretting corrosion and 
cracking. This AD requires reducing the life limits for the rotor 
systems, repetitively inspecting each rotor blade, and depending on the 
outcome, removing parts from service. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective July 7, 2022.
    The FAA must receive comments on this AD by August 8, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 
Gerry Speich; Poplar Farm, Wentnor, Bishops Castle, South Shropshire, 
United Kingdom, SY9 5EJ; telephone +44-1588-505060; or at http://www.auto-gyro.co.uk/. 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

[[Page 37229]]

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-2022-0685; 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 
United Kingdom (UK) Civil Aviation Authority (CAA) Mandatory Permit 
Directive (MPD), any comments received, and other information. The 
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer, 
Mechanical Systems & Administrative Services Section, New York ACO 
Branch, Compliance & Airworthiness Division, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone (516) 228-7300; email <a href="/cdn-cgi/l/email-protection#dce5f1bdaaaff1b2a5bdbfb3f1bfb3af9cbabdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="ffc6d29e898cd291869e9c90d29c908cbf999e9ed1989089">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    UK CAA, which is the aviation authority for the United Kingdom, has 
issued UK CAA MPD 2022-002, dated January 24, 2022 (UK CAA MPD 2022-
002), to correct an unsafe condition for Autogyro Certification Limited 
(formerly Rotorsport Uk Limited) Model MT-03, MTOsport, MTOsport 2017, 
Calidus, and Cavalon gyroplanes. UK CAA advises of rotor blade 
longitudinal cracking and rotor blade attachment bolt hole fretting 
corrosion and cracking on gyroplanes with a Rotor System II installed. 
According to the UK CAA, due to design similarity, this condition may 
also affect gyroplanes with a Rotor System I installed. This condition, 
if not addressed, could result in loss of a rotor blade and subsequent 
loss of control of the gyroplane.
    Accordingly, UK CAA MPD 2022-002 requires determining the 
accumulated flight hours on the rotor system, complying with new life 
limits for the rotor systems, and repetitively inspecting each rotor 
blade to hub bar attachment fastenings and blade holes. Depending on 
the outcome of the inspections, UK CAA MPD 2022-002 requires replacing 
and returning parts, and reporting certain information to Autogyro 
Certification Limited and the UK CAA.

FAA's Determination

    These gyroplanes have been approved by the aviation authority of 
the UK and are approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with the UK, the UK CAA, its technical 
representative, has notified the FAA of the unsafe condition described 
in its MPD. The FAA is issuing this AD after evaluating all known 
relevant information and determining that the unsafe condition 
described previously is likely to exist or develop on other gyroplanes 
of these same type designs.

Related Service Information

    The FAA reviewed RotorSport UK Ltd Service Bulletin SB-144 Issue 1, 
dated, August 19, 2021. This service information specifies new Rotor 
System I and II life limits and new rotor blade to hub bar attachment 
fastenings and blade hole inspection compliance times. This service 
information also specifies a recurring inspection of the rotor system 
hub bar assembly bolts.
    The FAA also reviewed RotorSport UK Ltd Service Information Letter 
SIL-028, Issue 1, dated June 17, 2019. This service information 
provides construction and general information regarding the different 
versions of Rotor System I and II and the rotor blades, and highlights 
particular areas of importance of the rotor blades. This service 
information specifies procedures for inspecting the blade to hub bar 
joints, rotor blade surfaces and planes, and rotor blade attachment 
bolt holes. This service information also specifies information 
regarding and provides photos of trailing edge damage, leading edge 
damage, and a longitudinal blade root crack that is adjacent to the 
bolted area. Lastly, this service information provides information 
regarding if there is substantial damage of a rotor blade or rotor 
system.

AD Requirements

    This AD requires reducing the life limits for Rotor Systems I and 
II. This AD also requires repetitively removing, cleaning, and 
inspecting certain areas of each rotor blade and each rotor blade bolt 
hole, and depending on the outcome, removing parts from service and 
installing airworthy parts.

Differences Between This AD and the UK CAA MPD

    UK CAA MPD 2022-002 applies to Model MT-03 and MTOsport gyroplanes, 
whereas this AD does not because those models are not FAA type-
certificated. UK CAA MPD 2022-002 requires accomplishing the initial 
instance of the inspections within 100 hours or 12 months for Rotor 
System I, and within 100 or 500 hours depending on accumulated usage or 
2 years or 1 year (recommended) depending on operational or storage 
usage for Rotor System II; whereas this AD requires accomplishing the 
initial inspections within 10 hours time-in-service (TIS) or 3 months, 
whichever occurs first, for a gyroplane with a Rotor System I or II, 
all part numbers and serial numbers, installed. For certain Rotor 
System II units, UK CAA MPD 2022-002 recommends a shorter recurring 
inspection time; whereas this AD does not. This AD requires wiping the 
inspection areas of the rotor blades clean before accomplishing the 
inspections; whereas UK CAA MPD 2022-002 does not. UK CAA MPD 2022-002 
refers to service information that states that ``means of inspection 
can be dye penetrant or visual high magnification or as determined 
appropriate by the inspector;'' whereas this AD mandates what types of 
inspections must be accomplished. UK CAA MPD 2022-002 requires 
returning parts to the manufacturer, whereas this AD does not. UK CAA 
MPD 2022-002 requires reporting certain information; whereas this AD 
does not.

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 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 cracking and fretting on the surfaces of the rotor blades can 
lead to degradation or structural failure of the rotor system and 
subsequent loss of control of the gyroplane. Loss of aerodynamic 
control due to the mentioned unsafe condition could ultimately be 
categorized as a catastrophic failure. In addition, the FAA has no 
information regarding the number of rotor blades that are in service 
beyond their fatigue life or pertaining to the extent of cracking or 
corrosion of rotor blades that may currently exist in gyroplanes or how 
quickly the condition may propagate to

[[Page 37230]]

failure. In light of this, this AD reduces the life limit threshold of 
the rotor systems and the initial instance of the rotor blade 
inspections required by this AD must be accomplished within 10 hours 
TIS or 3 months, whichever occurs first. This compliance time is 
shorter than the time necessary for the public to comment and for 
publication of the final rule. 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. FAA-2022-0685; Project Identifier MCAI-
2022-00243-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 Chirayu 
Gupta, Aerospace Engineer, Mechanical Systems & Administrative Services 
Section, New York ACO Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (516) 
228-7300; email <a href="/cdn-cgi/l/email-protection#2a13074b5c590744534b4945074945596a4c4b4b044d455c"><span class="__cf_email__" data-cfemail="172e3a7661643a796e7674783a7478645771767639707861">[email protected]</span></a>. 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 prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 41 gyroplanes 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.
    Replacing a rotor system takes about 1.5 hours and parts cost about 
$5,500 for an estimated cost of $5,628 per gyroplane and $230,748 for 
the U.S. fleet, per instance. Inspecting a rotor system takes about 1 
work-hour for an estimated cost of $85 per gyroplane and $3,485 for the 
U.S. fleet, per inspection cycle.

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, 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:

2022-13-07 AutoGyro Certification Limited (Type Certificate 
Previously Held by RotorSport UK Ltd): Amendment 39-22093; Docket 
No. FAA-2022-0685; Project Identifier MCAI-2022-00243-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 7, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to AutoGyro Certification Limited (type 
certificate previously held by RotorSport UK Ltd) Model Calidus, 
Cavalon, and MTOsport 2017 gyroplanes, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6210, Main Rotor 
Blades.

(e) Unsafe Condition

    This AD was prompted by reports of rotor blade longitudinal 
cracking and rotor blade attachment bolt hole fretting corrosion and 
cracking. The FAA is issuing this AD to prevent a rotor system from 
remaining in service beyond its fatigue life and detect fretting 
corrosion and cracking. The unsafe condition, if not addressed, 
could result in failure or loss of a rotor blade and subsequent loss 
of control of the gyroplane.

[[Page 37231]]

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) For a gyroplane with a Rotor System I, all part numbers and 
serial numbers, installed:
    (i) That has accumulated 700 or more total hours time-in-service 
(TIS) on the rotor system, before further flight after the effective 
date of this AD, remove the rotor system, which includes the rotor 
bearing, from service.
    (ii) That has accumulated less than 700 total hours TIS on the 
rotor system, before accumulating 700 total hours TIS after the 
effective date of this AD, remove the rotor system, which includes 
the rotor bearing, from service.
    (iii) Thereafter following paragraph (g)(1)(i) or (ii) of this 
AD, remove the rotor system, which includes the rotor bearing, from 
service before accumulating 700 total hours TIS.
    (2) For a gyroplane with a Rotor System II, all part numbers and 
serial numbers, installed:
    (i) That has accumulated 2,500 or more total hours TIS on the 
rotor system, before further flight after the effective date of this 
AD, remove the rotor system, which includes the rotor bearing, from 
service.
    (ii) That has accumulated less than 2,500 total hours TIS on the 
rotor system, before accumulating 2,500 total hours TIS after the 
effective date of this AD, remove the rotor system, which includes 
the rotor bearing, from service.
    (iii) Thereafter following paragraph (g)(2)(i) or (ii) of this 
AD, remove the rotor system, which includes the rotor bearing, from 
service before accumulating 2,500 total hours TIS.
    (3) For a gyroplane with a Rotor System I or II, all part 
numbers and serial numbers, installed, accomplish the actions 
required by paragraph (g)(4) of this AD within 10 hours TIS or 3 
months after the effective date of this AD, whichever occurs first.
    (4) For each rotor blade, starting with the rotor blade bolt 
closest to the rotor hub, sequentially remove each bolt and lock 
nut, remove the rotor blade, and remove the inner end cap.
    (i) Using a dry cloth, wipe clean the rotor blade upper and 
lower surfaces within 100 mm of the circumference of each bolt hole.
    (A) Dye penetrant inspect, or use a flashlight and 10X or higher 
power magnifying glass, to inspect the cleaned rotor blade upper and 
lower surfaces within 100 mm of the circumference of each bolt hole 
for a crack, split, dent, and fretting corrosion. If there is a 
crack, split, dent, or fretting corrosion at any point within 100 mm 
over the full circumference (360[deg]) of a bolt hole, before 
further flight, remove the rotor system, which includes the rotor 
bearing, from service and install airworthy parts.
    (B) Using a flashlight and 10X or higher power magnifying glass, 
inspect each plane on the cleaned upper and lower surfaces for 
bending within 100 mm of the circumference of the bolt hole. If 
there is any bending in any plane within 100 mm over the full 
circumference (360[deg]) of a bolt hole, before further flight, 
remove the rotor system, which includes the rotor bearing, from 
service and install airworthy parts.
    (ii) Dye penetrant inspect, or use a flashlight and 10X or 
higher power magnifying glass to inspect the rotor blade upper and 
lower inside surfaces at the rotor blade extrusion end (where the 
inner end cap was removed) for a crack, paying particular attention 
for a longitudinal crack adjacent to the bolted area. If there is a 
crack, before further flight, remove the rotor system, which 
includes the rotor bearing, from service and install airworthy 
parts.
    Note 1 to paragraph (g)(4)(ii): Page 5 of RotorSport UK Ltd 
Service Information Letter SIL-028, Issue 1, dated June 17, 2019, 
includes a photo of a longitudinal blade root crack.
    (iii) Using a flashlight and 10X or higher power magnifying 
glass, inspect each bolt hole in the rotor blade upper and lower 
surfaces for any burrs and fretting corrosion. If there is a burr or 
fretting corrosion, before further flight, remove the rotor system, 
which includes the rotor bearing, from service and install airworthy 
parts.
    (iv) Using a dry cloth, wipe clean and dye penetrant inspect, or 
use a flashlight and 10X or higher power magnifying glass to inspect 
each bolt hole in the rotor blade upper and lower surfaces for a 
crack. If there is a crack, before further flight, remove the rotor 
system, which includes the rotor bearing, from service and install 
airworthy parts.
    (5) Thereafter following paragraph (g)(3) of this AD, repeat the 
actions required by paragraph (g)(4) of this AD at intervals not to 
exceed the compliance time specified in paragraphs (g)(5)(i) through 
(iii) of this AD, as applicable to your rotor system.
    (i) For a gyroplane with a Rotor System I, all part numbers and 
serial numbers, installed, at intervals not to exceed 100 hours TIS 
or 12 months, whichever occurs first.
    (ii) For a gyroplane with a Rotor System II, all part numbers 
and serial numbers, installed, that has accumulated more than 1,500 
total hours TIS on the rotor system, at intervals not to exceed 100 
hours TIS or 24 months, whichever occurs first.
    (iii) For a gyroplane with a Rotor System II, all part numbers 
and serial numbers, installed, that has accumulated 1,500 or less 
total hours TIS on the rotor system, at intervals not to exceed 500 
hours TIS or 24 months, whichever occurs first.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 International Validation Branch, send 
it to the attention of the person identified in paragraph (i)(1) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#566f7b1700057b171f047b6165667b171b19151630373778313920"><span class="__cf_email__" data-cfemail="e5dcc8a4b3b6c8a4acb7c8d2d6d5c8a4a8aaa6a5838484cb828a93">[email protected]</span></a>.
    (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

    (1) For more information about this AD, contact Chirayu Gupta, 
Aerospace Engineer, Mechanical Systems & Administrative Services 
Section, New York ACO Branch, Compliance & Airworthiness Division, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
(516) 228-7300; email <a href="/cdn-cgi/l/email-protection#a29b8fc3d4d18fccdbc3c1cd8fc1cdd1e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="c4fde9a5b2b7e9aabda5a7abe9a7abb784a2a5a5eaa3abb2">[email protected]</span></a>.
    (2) RotorSport UK Ltd Service Information Letter SIL-028, Issue 
1, dated June 17, 2019, which is not incorporated by reference, 
contains additional information about the subject of this AD. For 
service information identified in this AD, contact Gerry Speich; 
Poplar Farm, Wentnor, Bishops Castle, South Shropshire, United 
Kingdom, SY9 5EJ; telephone +44-1588-505060; or at http://www.auto-gyro.co.uk/. You may view this referenced 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.
    (3) The subject of this AD is addressed in United Kingdom (UK) 
Civil Aviation Authority (CAA) Mandatory Permit Directive (MPD) 
2022-002, dated January 24, 2022. You may view the UK CAA MPD at 
https://www.regulations.gov in Docket No. FAA-2022-0685.

(j) Material Incorporated by Reference

    None.

    Issued on June 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-13362 Filed 6-16-22; 4:15 pm]
BILLING CODE 4910-13-P


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