Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26429

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

(e) This amendment becomes effective on

July 2, 1996.

Issued in Fort Worth, Texas, on May 15,

1996.

Daniel P. Salvano,

Manager, Rotorcraft Directorate, Aircraft

Certification Service.

[FR Doc. 96–13207 Filed 5–24–96; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 39

[Docket No. 95–SW–27–AD, Amendment

39–9633; AD 96–11–08]

RIN 2120–AA64

Airworthiness Directives; Robinson

Helicopter Company Model R22

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to Robinson Helicopter

Company (Robinson) Model R22

helicopters, that currently requires

installing a low-rotor RPM caution light

and resetting the low-RPM warning unit

to activate the warning horn and caution

light at 94% to 96% revolutions-perminute (RPM). This amendment

requires installation of an improved

throttle governor; an adjustment to the

low RPM warning unit threshold to

increase the RPM at which the warning

horn and caution light activate; and,

revisions to the R22 Rotorcraft Flight

Manual that prohibit flight with the

improved throttle governor selected off,

except in certain situations. This

amendment is prompted by an FAA

Technical Panel review of Model R22

accident history data which revealed

that main rotor (M/R) blade stall at

abnormally low M/R RPM resulted in

accidents. The actions specified by this

AD are intended to minimize the

possibility of pilot mismanagement of

the M/R RPM, which could result in

unrecoverable M/R blade stall and

subsequent loss of control of the

helicopter.

EFFECTIVE DATE: July 2, 1996.

FOR FURTHER INFORMATION CONTACT: Ms.

Elizabeth Bumann, Aerospace Engineer,

FAA, Los Angeles Aircraft Certification

Office, 3960 Paramount Blvd.,

Lakewood, California 90712–4137,

telephone (310) 627–5265; fax (310)

627–5210.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 82–23–51,

Amendment 39–4645, (48 FR 21894,

May 16, 1983), which is applicable to

Robinson Helicopter Model R22

helicopters, was published in the

Federal Register on December 14, 1995

(60 FR 64129). That action proposed to

require installation of an improved

throttle governor; an adjustment to the

warning unit threshold to increase the

RPM at which the warning horn and

caution light activate; and, revisions to

the R22 Rotorcraft Flight Manual.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Discussion of Comments

Eight commenters responded to the

NPRM. These commenters are the

National Transportation Safety Board

(NTSB), Helicopter Association

International (HAI), Helicopter

Association of Australia, Civil Aviation

Safety Authority Australia, the

Robinson Helicopter Association, the

manufacturer, and two helicopter

operators. Comments were received on

the proposal to increase the threshold of

the low rotor RPM warning unit, the

proposal to require installation of the

improved throttle governor, the

proposal to limit operations with the

governor selected off, and proposed

Rotorcraft Flight Manual (RFM) changes

and other general comments. The

commenters’ positions and the FAA

response to each of these positions are

summarized as follows:

Increase in Threshold of Warning Unit

Three commenters support and no

commenters object to the proposal to

increase the low rotor RPM warning

unit horn and caution light threshold

from 95±1% RPM to between 96% and

97% RPM. Therefore, the proposal is

adopted as proposed.

Installation of Improved Throttle

Governor

Three commenters support and five

commenters oppose the proposal to

require installation of a throttle

governor on all Model R22 helicopters.

The two commenters from Australia

oppose mandating installation of a

throttle governor and state that although

the throttle governor would reduce pilot

workload and enhance public safety,

mandatory installation of the governor

is unnecessary since no conclusive

evidence exists to indicate that a Model

R22 accident in their country was

caused by abnormally low RPM.

Therefore, very few accidents would

have been prevented with a governor

installed. Additionally, these two

commenters suggest that the FAA allow

more time to determine whether

implementation of Special Federal

Aviation Regulation (SFAR 73) on

March 27, 1995, mandating awareness

training for low time pilots and special

training requirements for flight

instructors, will necessitate any further

safety action.

Another commenter states that the

improved throttle governor is not

necessary based upon their analysis of

the National Transportation Safety

Board (NTSB) accident data for the

Model R22 from January 1992 to

December 1995. The commenter noted

that the overall number of R22 accidents

declined with the implementation of

SFAR 73 and the issuance of

Airworthiness Directive 95–11–09,

effective July 14, 1995, prohibiting low

‘‘g’’ maneuvers.

Another commenter states that recent

accident statistics show that no R22

accident in 1995 could be attributed to

low rotor RPM. The commenter states

that the awareness training has had a

positive effect and that mechanical

solutions should be deleted or put on

hold until evidence is available which

indicates that the proposed changes are

necessary.

A fifth commenter states that the

proposal to require installation of the

improved throttle governor may not

increase safety in any way and may

cause additional accidents since some

low time pilots may become too reliant

on the governor and not realize other

difficulties such as carburetor icing.

The FAA does not concur. Although

accident data presented indicates that

low rotor stall due to improper throttle

management has not resulted in recent

R22 accidents, several of the 31 fatal

accidents in the period from 1981 to the

present involving main rotor to fuselage

contact have exhibited signs of low rotor

stall due to low rotor RPM. Accident

records provided by the NTSB indicate

that there were 33 non-fatal accidents in

a 10 year period, from June 1985 to June

1995, in which failure to maintain rotor

RPM was a casual factor. These

accidents all resulted in at least

substantial damage to the airframe. The

FAA’s recently completed study

indicates that the potential exists for

these types of accidents due to throttle

mismanagement. Installation of the

improved throttle governor will reduce

the possibility of throttle

mismanagement.

Even with the improved training, as

stipulated in SFAR 73, the possibility of

M/R stall due to throttle

mismanagement still exists. The current
26430 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

R22 fleet consists of helicopters that

have no governors, and that have either

throttle/collective governors or throttle

governors. The FAA considers issuance

of this AD to be necessary due to the

different operating characteristics and

associated safety implications of this

mixed fleet, particularly in the training

environment. The differences in flight

operating characteristics between the

governor configurations are significant

and could cause confusion and an

unsafe condition for students and lowtime pilots, especially while operating

in adverse flying conditions. Based on

these safety concerns, the proposal to

install or upgrade, as appropriate, a

governor on the Model R22 helicopters

is adopted as proposed.

Another commenter, although

supportive of the proposal to require a

throttle governor, states that installation

of a governor caution light should be

mandatory to indicate governor failure.

The FAA does not concur. A governor

caution light is not necessary since the

main rotor RPM gage and low rotor RPM

warning horn and light should provide

sufficient information to the pilot to

indicate that a governor failure has

occurred. This suggestion is beyond the

scope of the proposal, is unecessary,

and is not adopted.

Operations With the Governor Selected

Off

One commenter supports the

proposed rule to prohibit flight with the

throttle governor selected off, except for

system malfunction and emergency

procedures training with an instructor

pilot. Three commenters oppose this

action.

Two commenters state that pilots

should be allowed to operate without

the throttle governor during all dual

training operations with a qualified

helicopter flight instructor to ensure the

continuing acceptance of the R22

helicopter as a generic piston helicopter

trainer.

The FAA does not concur. The FAA

considers flight with the governor off to

be emergency procedures training and

disagrees that the governor should

remain off during all flight with a

qualified flight instructor to support

training for flight in other piston

helicopters.

One commenter states that the

proposed action is too restrictive and

may have a negative impact on safety in

that it precludes low-time pilots from

continuing to reinforce their training

through hands-on flying.

The FAA does not concur. The

proposed action does not preclude a low

time pilot from practicing flight with the

governor selected off when that pilot is

with an instructor. Therefore, there is

still the opportunity to continue to

reinforce flight training with the

governor selected off.

RFM Changes and Other General

Comments

The manufacturer comments that the

R22 Rotorcraft Flight Manual (RFM)

requires the governor be selected off for

autorotations. It further states that a

high time experienced pilot should be

able to practice autorotations without an

instructor.

The FAA concurs. Pilots should be

able to reinforce their training by

practicing maneuvers in which they

have already demonstrated proficiency.

Persons who have received an

endorsement from a certified flight

instructor to act as a pilot in command

of a Robinson R22 helicopter should be

allowed to practice emergency

procedures training without the

assistance of a flight instructor. This

final rule is revised to require the Flight

and Maneuver Limitations section of the

R22 RFM to read ‘‘Flight prohibited

with governor selected off, with

exceptions for inflight system

malfunction or emergency procedures

training.’’

The manufacturer states that the cost

estimate in the proposal is $1,000,000

too high, since only one-half of the 1,

014 helicopters will require the

complete governor at a cost of $2,150

per helicopter.

The costs stated in the proposal are

estimates. Since it is unknown how

many Model R22’s will require the

upgrade to the throttle/collective

governor, there are no data to support a

change and therefore the estimated total

cost in the proposal will remain

unchanged.

The manufacturer also states that the

reference to the July 6, 1995 date, the

revision date of the Rotorcraft Flight

Manual (RFM), in paragraph (d) of the

NPRM should be omitted. Additionally,

the manufacturer states that the

requirement to add page 2–2 to the FAA

approved R22 RFM is not appropriate

since it is already in the earlier revision

to the RFM and is not related to the

proposed actions.

The FAA concurs. Changes to page 2–

2 of the FAA approved RFM, revised

July 6, 1995, do not pertain to the

actions of this AD. Therefore, the

reference to page 2–2 of the RFM is

omitted in this final rule. Also, since the

proposal indicated that page 2–7 would

be inserted into the RFM, it was

necessary to state the revision date, July

6, 1995, of that change. However, this

final rule only requires that a specific

statement be inserted into the Flight and

Maneuver Limitations section of the

RFM and not that the manufacturer¢s

specific revised page be inserted into

the RFM; hence, the revision date of

July 6, 1995 is no longer needed.

Therefore, with the exception of

omitting the reference to page 2–2 and

reorganization of the requirement to add

a statement to the Flight and Maneuver

Limitations section of the RFM, this

action is adopted as proposed.

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rules as proposed except

for revisions to paragraph (d) to delete

the words ‘‘with an instructor pilot’’

from the requirement ‘‘flight prohibited

with governor selected off, with

exceptions for inflight system

malfunction or emergency procedures

training with an instructor pilot,’’

deletion of page 2–2 as referenced, and

deletion of the reference to page 2–7.

The FAA estimates that 1,014

helicopters of U.S. registry will be

affected by this AD, that it will take

approximately 8 work hours to install

the improved throttle governor, or 7

hours to upgrade the throttle/collective

governor, and approximately 0.2 work

hour to accomplish the adjustment of

the light/warning horn RPM, and that

the average labor rate is $60 per work

hour. Required parts will cost

approximately $2,150 per helicopter to

install the improved throttle governor,

or approximately $500 for upgrading the

throttle/collective governor per

helicopter. Based on these figures, the

total cost impact of the AD on U.S.

operators is estimated to be $2,678,988.

This cost estimate assumes that no

helicopters are currently equipped with

a governor and all will need the

improved throttle governor installed.

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.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26431

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it 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. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Amendment 39–4645 (48 FR

21894, May 16, 1983), and by adding a

new airworthiness directive (AD),

Amendment 39–9633, to read as

follows:

AD 96–11–08 Robinson Helicopter

Company: Amendment 39–9633. Docket

No. 95–SW–27–AD. Supersedes AD 82–

23–51, Amendment 39–4645.

Applicability: Model R22 helicopters,

serial numbers (S/N) 0002 to 2537,

certificated in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (e) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required within 30 days after

the effective date of this AD, unless

accomplished previously.

To minimize the possibility of pilot

mismanagement of the main rotor (M/R)

revolutions-per-minute (RPM), which could

result in unrecoverable M/R blade stall and

subsequent loss of control of the helicopter,

accomplish the following:

(a) Adjust the A569–1 or –5 low-RPM

warning unit so that the warning horn and

caution light activate when the M/R RPM is

between 96% and 97% rotor RPM in

accordance with the procedures contained in

the Model R22 maintenance manual.

(b) For Model R22 helicopters that do not

have a governor currently installed, install a

Robinson Helicopter Company KI–67–2

Governor Field Installation Kit in accordance

with the kit instructions.

(c) For Model R22 helicopters that have a

throttle/collective governor currently

installed, upgrade the governor with a

Robinson Helicopter Company KI–67–3

Governor Upgrade Kit in accordance with the

kit instructions.

(d) Upon accomplishment of paragraphs (b)

or (c) of this AD, revise the FAA-approved

Robinson Helicopter Company R22 Rotorcraft

Flight Manual (RFM) to include the following

statement in the Flight and Maneuver

Limitations section. This may be

accomplished by inserting a copy of this AD

into the RFM.

‘‘Flight prohibited with governor selected

off, with exceptions for inflight system

malfunction or emergency procedures

training.’’

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Los

Angeles Aircraft Certification Office, FAA.

Operators shall submit their requests through

FAA Principal Maintenance Inspectors, 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.

Issued in Fort Worth, Texas, on May 15,

1996.

Daniel P. Salvano,

Manager, Rotorcraft Directorate, Aircraft

Certification Service.

[FR Doc. 96–13206 Filed 5–24–96; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 71

[Airspace Docket No. 95–AWA–7]

Modification of the Offutt AFB, Class C

Airspace Area; NE

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This rule will modify the

Class C airspace area at Offutt AFB, NE,

by eliminating the 1-mile exclusion

around the South Omaha Airport due to

its closure. In addition, this action will

reduce controller workload.

EFFECTIVE DATE: 0901 UTC, August 15,

1996.

FOR FURTHER INFORMATION CONTACT: Bil

Nelson, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–3075.

SUPPLEMENTARY INFORMATION:

History

On November 1, 1995, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) to modify the Class C airspace

area at Offutt AFB, NE (60 FR 55498).

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments were received concerning

the proposal. Except for editorial

changes, this amendment is the same as

that proposed in the notice. Class C

airspace designations are published in

paragraph 4000 of FAA Order 7400.9C

dated August 17, 1995, and effective

September 16, 1995, which is

incorporated by reference in 14 CFR

71.1. The Class C airspace designation

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) modifies the Class C airspace

area at Offutt AFB, NE. This amendment

eliminates the 1-mile exclusion around

the South Omaha Airport due to its

closure. The action returns this airspace

to the surface area of the established

Class C airspace.

Regulatory Evaluation Summary

Changes to Federal regulations must

undergo several economic analyses.

First, Executive Order 12866 directs that

each Federal agency shall propose or

adopt a regulation only upon a reasoned

determination that the benefits of the

intended regulation justify its costs.

Second, the Regulatory Flexibility Act

of 1980 requires agencies to analyze the

economic effect of regulatory changes

on small entities. Third, the Office of

Management and Budget directs

agencies to assess the effect of

regulatory changes on international

trade. In conducting these analyses, the

FAA has determined that this final rule

is not ‘‘a significant regulatory action’’

as defined in the Executive Order and

the Department of Transportation

Regulatory Policies and Procedures.

This final rule will modify the Class

C airspace area at Offutt AFB, NE. The