AD 95-04-13

Effective March 17, 1995.

Comments for inclusion in the Rules Docket must be received on or before May 1, 1995.

Submit comments in triplicate to the Federal Aviation Administration (FAA), Office of the Assistant Chief Counsel, Attention: Rules Docket No. 95-SW-12-AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

Mr. Scott Horn, Aerospace Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Southwest Region, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5125, fax (817) 222-5961.

On January 12, 1995, the FAA issued Priority Letter AD 95-02-04, to require revisions to the Limitations section, the Normal Procedures section, and the Emergency Procedures section of the R44 Rotorcraft Flight Manual, revised September 6, 1994. These revisions limit operations in high winds, turbulence, and wind shear conditions; provide information about M/R stalls and mast bumping; and, provide recommendations for avoiding these situations. That action was prompted by two Model R44 accidents since April 1994 involving M/R blades contacting the helicopters' fuselage. M/R stall and mast bumping may have caused these M/R blade contacts with the fuselage. Both of these accidents resulted in fatalities. Limited pilot experience in rotorcraft has been identified as common to these accidents. High winds and turbulence were also noted in both of the accidents. Airspeed and low rotor RPM could also be influencing factors in these M/R blades contacting the fuselage. Flight in strong or gusty winds, areas of wind shear, or areas of moderate, severe, or extreme turbulence can degrade the helicopter handling qualities, thereby creating an unsafe condition. These conditions, if not compensated for, could result in M/ R stall or mast bumping, which could result in the M/R blades contacting the fuselage causing failure of the M/R system and subsequent loss of control of the helicopter.

Since the issuance of that AD, the FAA has determined that the words ``areas of forecasted or reported'' should be deleted from the revision to the Limitations section of the Model R44 Rotorcraft Flight Manual, revised September 6, 1994. Some operators receive area forecasts and reports that cover wide geographic regions. These forecasts and reports can refer to turbulence in areas unrelated to the actual area of operation. Forecasted or reported wind shear or turbulence outside of the operational area was not intended to be a flight limitation. The word ``spreads'' was added to the term ``wind gusts'' to define this limitation as the spread or variance of wind velocities. The phrase ``but no lower than 60 knots'' was added to the Limitations section because of the possibility that at higher altitudes, 0.7 Vne could be lower than 60 knots. Additionally, the phrase ``but no lower than 60 knots'' was added to recommendation (1) of the Normal Procedures section because of the possibility that at higher altitudes, 0.9 Vne could be lower than 60 knots. Below 60 knots, the energy required to recover from a low-rotor RPM condition by flaring the helicopter and converting forward airspeed to rotor speed is unavailable. The reference to the requirement to report compliance that was contained in paragraph (b) of the existing Priority Letter AD has been deleted since part 91.147(a)(2)(v) already contains that requirement. Finally, another paragraph has been inserted to state that special flight permits will not be issued to operators for the purpose of obtaining and inserting the three pages into the rotorcraft flight manual. Due to the immediate compliance time and the criticality of preventing M/R blade contacts with the fuselage, this rule is being issued immediately to revise the operating limitation of the helicopter to a safer level.

Since an unsafe condition has been identified that is likely to exist or develop on other Robinson Helicopter Company Model R44 helicopters of the same type design, this AD supersedes Priority Letter AD 95-02-04 to require the same revisions to the Limitations [[Page 11612]] section, the Normal Procedures section, and the Emergency Procedures section of the R44 Rotorcraft Flight Manual, revised September 6, 1994, that were required by the Priority Letter AD, but deletes the words ``areas of forecasted or reported'' from the wind turbulence limitation; adds the word ``spreads'' when referencing wind gusts; adds the phrase ``but no lower than 60 knots'' to the same section; deletes the reference to the requirement to record compliance that was contained in paragraph (b) of the existing Priority Letter AD; and, adds another paragraph to state that special flight permits will not be issued to accomplish the requirements of this AD.

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.

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 No. 95-SW-12-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.

Air transportation, Aircraft, Aviation safety, Safety.

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:

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.