Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14619

horse owners will be minimal. The

horse owners that will be affected by

this rule change are those that have

horses that test positive for EIA and

voluntarily choose to transport their

horses interstate to slaughter under an

official seal. APHIS estimates that,

annually, between 500 and 1,000 horse

operations have horses that become

infected with EIA. Although it is not

known how many of these operations

are ‘‘small’’ entities (less than $0.5

million in annual sales, according to

Small Business Administration size

criteria), it is likely that most are in that

category.

Current estimates put the number of

horses in the United States between 6

and 10 million. In 1993, about 1 million

horses were tested for EIA. Of these,

1,859 (about 0.18 percent) tested

positive for EIA.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

in conflict with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.), the information collection or

recordkeeping requirements included in

this rule have been approved by the

Office of Management and Budget

(OMB) under OMB control number

0579–0051.

List of Subjects in 9 CFR Part 75

Animal diseases, Horses, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 9 CFR part 75 is

amended as follows:

PART 75—COMMUNICABLE

DISEASES IN HORSES, ASSES,

PONIES, MULES, AND ZEBRAS

1. The authority citation for part 75

continues to read as follows:

Authority: 21 U.S.C. 111–113, 115, 117,

120, 121, 123–126, and 134–134h; 7 CFR

2.17, 2.51, and 371.2(d).

2. In § 75.4, paragraph (a) is amended

by adding two new definitions, in

alphabetical order, and in paragraph (b),

the introductory text is amended by

adding a statement immediately

following the colon, to read as follows:

§ 75.4 Interstate movement of equine

infectious anemia reactors and approval of

laboratories, diagnostic facilities, research

facilities, and stockyards.

(a) * * *

Official seal. A serially numbered

metal or plastic strip, or a serially

numbered button, consisting of a selflocking device on one end and a slot on

the other end, which forms a loop when

the ends are engaged and which cannot

be reused if opened. It is applied by an

APHIS representative or State

representative.

* * * * *

Permit. An official document (VS

Form 1–27 or a State form which

contains the same information, but not

a ‘‘permit for entry’’) issued by an

APHIS representative, State

representative, or accredited

veterinarian which lists the owner’s

name and address, points of origin and

destination, number of animals covered,

purpose of the movement, and one of

the following: The individual animal

registered breed association registration

tattoo, individual animal registered

breed association registration number,

or similar individual identification,

including name, age, sex, breed, color,

and markings.

* * * * *

(b) * * * Provided that official

identification is not necessary if the

reactor is moved directly to slaughter

under a permit and in a conveyance

sealed with an official seal:

* * * * *

Done in Washington, DC, this 14th day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–6762 Filed 3–17–95; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–SW–22–AD; Amendment

39–9177; AD 95–06–07]

Airworthiness Directives; Robinson

Helicopter Company Model R22

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to Robinson Helicopter

Company (RHC) Model R22 helicopters,

that currently requires an initial dye

penetrant inspection of the main rotor

drive forward flexplate (flexplate), and

repetitive visual inspections of certain

installed flexplates. This amendment is

prompted by three accidents reported by

the airworthiness authority of Australia

involving failure of the flexplate,

located between the main rotor gearbox

and clutch assembly. The actions

specified by this AD are intended to

prevent failure of the flexplate, failure of

the main rotor drive system, and

subsequent loss of control of the

helicopter.

DATES: Effective April 4, 1995.

Comments for inclusion in the Rules

Docket must be received on or before

May 19, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 94–SW–22–AD, 2601

Meacham Boulevard, Room 663, Fort

Worth, Texas 76137–4298.

FOR FURTHER INFORMATION CONTACT: Ms.

Elizabeth Bumann, Aerospace Engineer,

Los Angeles Aircraft Certification

Office, Propulsion Branch, FAA, 3960

Paramount Blvd., Lakewood, California

90712, telephone (310) 627–5265, fax

(310) 627–5210.

SUPPLEMENTARY INFORMATION: On May

18, 1994, the FAA issued Priority Letter

AD 94–11–01, applicable to RHC Model

R22 helicopters, to require an initial dye

penetrant inspection of the flexplate on

all RHC Model R22 helicopters, and

repetitive visual inspections of

flexplates that have been in service for

2 or more years or 500 or more hours

time-in-service (TIS). That action was

prompted by three accidents reported by

the airworthiness authority of Australia

involving failure of the flexplate. In one

accident, the flexplate fractured during
14620 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations

normal cruise flight releasing several

fragments, some of which punctured the

fuel tank. A metallurgical report issued

by the airworthiness authority of

Australia suggests that the failures

resulted from fatigue cracking that

initiated at areas of intergranular pitting

corrosion on the edge of the flexplates.

The FAA has determined that any crack,

nick, or corrosion in the flexplate

creates an unsafe condition and should

be corrected. That condition, if not

corrected, could result in failure of the

flexplate, failure of the main rotor drive

system, and subsequent loss of control

of the helicopter.

Since the issuance of that AD, the

FAA has received information

indicating that flexplates, part number

(P/N) A193–1 without bonded washers,

and P/N A947–1 with bonded washers,

may have been subjected to paint

overspray at Robinson Helicopter

Company when they were painting

hardware adjacent to the flexplate.

Damage to flexplate edges with paint

overspray could result in corrosion due

to the retention of contaminants under

the paint. Robinson Helicopter

Company has revised their inspection

procedures to ensure that subsequentlyproduced flexplates are not subject to

the paint overspray. This corrective

procedure was implemented with the

production of flexplate, P/N A947–1E.

In addition, flexplate, P/N A947–1E is

stronger and more resistant to corrosion

damage than the previously-designed

flexplates. Therefore, the initial dye

penetrant inspection for cracks and

repetitive visual inspections for nicks,

cracks, or corrosion may be terminated

upon installation of this improved

flexplate or a subsequent FAA-approved

revision to P/N A947–1E.

The reference to the flexplate’s TIS in

paragraph (b) of the Priority Letter AD

has been clarified to require that the

repetitive visual inspections in

paragraph (d) of the AD be conducted

upon reaching 2 years or 500 hours TIS

on the flexplate. If the flexplate TIS

cannot be determined through a review

of the log book, the helicopter TIS must

be used to determine the TIS of the

flexplate.

Paragraph (c) has been revised to

delete the reference to the repetitive

visual inspections for flexplates used to

replace those that were determined to

have cracks as a result of the inspection

of paragraph (a) of the Priority Letter

AD. This deletion changes the lettering

of the subsequent paragraphs. The FAA

has determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Since an unsafe condition has been

identified that is likely to exist or

develop on other Robinson Helicopter

Company Model R–22 helicopters of the

same type design, this AD supersedes

Priority Letter AD 94–11–01, to require

a one-time dye penetrant inspection of

the flexplate, P/N A193–1 without

bonded washers and P/N A947–1 with

bonded washers, for cracks within the

next 25 hours TIS, and replacement if a

crack is found. Additionally, for

flexplates that have been in service for

2 or more years or 450 or more hours

TIS, repetitive visual inspections of the

flexplate for nicks, cracks, or corrosion

are required at intervals not to exceed

50 hours TIS. This AD also provides for

repair of the flexplate if a nick or

corrosion is found, or replacement if a

crack is found. The flexplate connects

the gearbox and the clutch shaft, and

failure of the flexplate could lead to

failure of the driveshaft and loss of

power to the rotor system. Due to the

critical need for the flexplate to ensure

the continued safe flight of the affected

helicopters, this rule must be issued

immediately to correct an unsafe

condition in aircraft.

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 94–SW–22–AD.’’ The

postcard will be date stamped and

returned to the commenter.

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from 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.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration 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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14621

§ 39.13 [Amended]

2. Section 39.13 is amended by adding a

new airworthiness directive (AD),

Amendment 39–9177, to read as follows:

AD 95–06–07 Robinson Helicopter Company:

Amendment 39–9177. Docket Number

94–SW–22–AD. Supersedes Priority

Letter AD 94–11–01, issued May 18,

1994.

Applicability: Model R22 helicopters, with

forward flexplate (flexplate), part number (P/

N) A947–1 with bonded washers, or P/N

A193–1 without bonded washers, installed,

certificated in any category. Flexplate, P/N

A947–1E and subsequent FAA-approved

revisions to P/N A947–1, is exempt from the

requirements of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the flexplate, failure

of the main rotor drive, and subsequent loss

of control of the helicopter, accomplish the

following:

(a) Within the next 25 hours time-inservice (TIS) after the effective date of this

airworthiness directive (AD), accomplish the

following:

(1) With the clutch disengaged, support the

forward end of the clutch shaft, P/N A166–

1, remove the flexplate, and record the shim

locations for use during reinstallation.

(i) Replace any flexplate that does not have

eight bonded washers (two per arm) with an

airworthy flexplate, P/N A947–1E or a

subsequent FAA-approved revision to P/N

A947–1.

(ii) For those flexplates that have eight

bonded washers (two per arm), comply with

the following:

(2) Remove all coating down to bare metal

from the outer edges of the flexplate to

approximately 0.125 inches inward, but in no

case within 0.50 inches of the bonded

washers, using Scotch Brite or 600 grit sand

paper. Do not use a chemical paint stripper

since it may adversely affect the adhesive

that bonds the washers to the flexplate.

(3) Inspect the outer edges of the flexplate

for cracks, avoiding the bonded washers,

using a dye penetrant inspection method in

accordance with Appendix I of this AD. If the

dye penetrant contacts the bonded washers,

remove the solution from the bonded

washers within 1 minute since longer

exposure may adversely affect the adhesive.

(i) If a crack is found, replace the flexplate

with an airworthy flexplate, P/N A947–1E or

a subsequent FAA-approved revision to P/N

A947–1.

(ii) If no crack is found, paint the bare edge

area of the flexplate with an even coat of

zinc-chromate or epoxy primer. Do not paint

the bare metal surface of the bonded washers.

(4) Reinstall the flexplate and ensure

sheave and clutch shaft angle are properly

aligned in accordance with the applicable

maintenance manual.

(b) For those helicopters with flexplates

that have less than 2 years or 450 hours TIS,

accomplish the following prior to or upon

reaching 2 years or 500 hours TIS, and

thereafter at intervals not to exceed 50 hours

TIS from the last inspection; for those

helicopters with flexplates that have 2 years

or more or 450 hours or more TIS,

accomplish the following at intervals not to

exceed 50 hours TIS from the last inspection.

(If the flexplate TIS cannot be determined

through a review of the maintenance records,

then use the helicopter TIS as the TIS of the

flexplate).

(1) Remove the flexplate in accordance

with the applicable maintenance manual.

(2) Clean the flexplate using a solvent (e.g.,

methyl-ethyl ketone or naphtha).

(3) Inspect the flexplate for nicks, cracks,

or corrosion using a 10-power or higher

magnifying glass, paying close attention to

the edges of the flexplate.

(i) If a crack is found, replace the flexplate

with an airworthy flexplate, P/N A947–1E or

a subsequent FAA-approved revision to P/N

A947–1, in accordance with the applicable

maintenance manual.

(ii) If a nick or corrosion is found, repair

the flexplate in accordance with the

applicable maintenance manual.

(iii) Paint any bare edges of the flexplate

with an even coat of zinc-chromate or epoxy

primer. Do not paint the bare metal surface

of the bonded washers.

(iv) If any nick or corrosion cannot be

repaired within the rework limits specified in

the applicable maintenance manual, replace

the flexplate with an airworthy flexplate, P/

N A947–1E or a subsequent FAA-approved

revision to P/N A947–1, in accordance with

the applicable maintenance manual.

(4) Reinstall the flexplate and ensure

sheave and clutch shaft are properly aligned

in accordance with the applicable

maintenance manual.

Note 1: Robinson Helicopter Company R22

Maintenance Manual, Change 14, dated

March 14, 1994, pertains to this AD.

(c) If a crack, nick, or corrosion is found

on the flexplate as a result of the inspections

required by this AD, report a description of

the crack, nick, or corrosion, the total TIS,

and the operating conditions to the Manager,

Propulsion Branch, Los Angeles Aircraft

Certification Office, FAA. Reporting

requirements have been approved by the

Office of Management and Budget and

assigned control number 2120–0056.

(d) Installation of a flexplate, P/N A947–1E

or a subsequent FAA-approved revision to P/

N A947–1, constitutes terminating action for

the requirements of this AD.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used when approved by the Manager, Los

Angeles Aircraft Certification Office, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Los Angeles Aircraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles Aircraft

Certification Office.

(f) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

(g) This amendment becomes effective on

April 4, 1995.

Appendix I—Dye Penetrants

Several dye penetrant type inspection kits

are now available that will reveal the

presence of surface cracks or defects and

subsurface flaws that extend to the surface of

the part being inspected. These penetrant

type inspection methods are considered

acceptable, provided the part being inspected

has been thoroughly cleaned, all areas are

readily accessible for viewing, and the

manufacturer’s recommendations as to the

method of application are closely followed.

a. Cleaning. An inspection is initiated by

first cleaning the surface to be inspected of

dirt, loose scale, oil, and grease. Precleaning

may usually be accomplished by vapor

degreasing or with volatile cleaners. Use a

volatile cleaner as it will evaporate from the

defects before applying the penetrant dye.

Sand blasting is not as desirable a cleaning

method, since surface indications may be

obscured. It is not necessary to remove

anodic films from parts to be inspected, since

the dye readily penetrates such films. Special

procedures for removing the excess dye

should be followed.

b. Application of Penetrant. The penetrant

is applied by brushing, spraying, or by

dipping and allowing to stand for a minimum

of 2 minutes. Dwell time may be extended up

to 15 minutes, depending upon the

temperature of the part and fineness of the

defect or surface condition. Parts being

inspected should be dry and heated to at

least 70° F, but not over 130° F. Very small

indications require increased penetration

periods.

c. Removal of Dye Penetrant. Surplus

penetrant is usually removed by application

of a special cleaner or remover, or by

washing with plain water and allowing the

part to dry. Water rinse may also be used in

conjunction with the remover, subject to the

manufacturer’s recommendations.

d. Application of Developer. A light and

even coat of developer is applied by

spraying, brushing, or dipping. When

dipping, avoid excess accumulation.

Penetrant that has penetrated into cracks or

other openings in the surface of the material

will be drawn out by the developer resulting

in a bright red indication. Some idea of the

size of the defect may be obtained after

experience by watching the size and rate of

growth of the indication.

Issued in Fort Worth, Texas, on March 10,

1995.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 95–6684 Filed 3–17–95; 8:45 am]

BILLING CODE 4910–13–P