Discussion \n\n\n\tThe FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to MDHI Model 369A, 369D, 369E, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 600N helicopters with a MR blade part number (P/N) 500P2100-105, P/N 500P2100-305, P/N 500P2300-505, P/N 369D21120-505, P/N 369D21121-505, or P/N 369D21123- 505 with a 1.25 inch chord length nickel abrasion strip (abrasion strip) manufactured or installed by Helicopter Technology Company, LLC (HTC), or \n\n((Page 59664)) \n\nwhere the manufacturer of the abrasion strip is unknown, except if the abrasion strip has accumulated 700 or more hours time-in-service (TIS). The NPRM published in the Federal Register on May 14, 2020 (85 FR 28895). \n\tThe NPRM was prompted by reports of leading edge abrasion strips manufactured by HTC departing the MR blades during flight. An investigation determined that the abrasion strips were manufactured from electroformed nickel, have a chord length of 1.25 inch, and are delaminating from the MR blade before departing from the helicopter. HTC has determined that a repetitive tap inspection of the abrasion strips should be performed on all blades with abrasion strips that have less than 700 hours TIS to detect any voids, including blistering, bubbling, or lifting of the abrasion strip. Identical looking electroformed nickel abrasion strips with a chord length of 1.25 inch manufactured by other repair stations have not departed in flight and therefore were not proposed as the subject of this AD. \n\tTo address this unsafe condition, the NPRM proposed to require tap inspecting the abrasion strip within 10 hours TIS and thereafter before the first flight of each day until the abrasion strip has accumulated 700 or more hours TIS since installation. \n\nComments \n\n\n\tThe FAA gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM andthe FAA's response to each comment. \n\nSupportive Comment \n\n\n\tThe FAA received one comment in support of the NPRM. \n\nRequests \n\n\n\tRequest: HTC stated that the NPRM proposed to mandate its service bulletin that was issued June 1, 2017, and that there has not been a documented case of an abrasion strip departure related to this issue in 4 years. HTC further stated that the majority of affected operators have either modified the abrasion strip or accumulated more than 700 hours TIS, such that the proposed AD would no longer apply. Although HTC did not request any changes to the NPRM, the FAA infers that this commenter would like the FAA to withdraw the proposed AD. \n\tFAA's Response: The FAA partially agrees. The FAA has not received any reports of an abrasion strip departure related to this issue since issuance of the HTC service bulletin. In addition, about a third of the abrasion strips have been modified and others have accumulated more than 700 hours TIS, and therefore would not be affected by this AD. However, because some affected abrasion strips are still in service or may be stored as spare parts, the unsafe condition exists and corrective action is necessary. The FAA has made no changes based on these comments. \n\tRequest: Wilson Construction requested that the FAA change the NPRM to allow pilots to perform the tap test following proper training, to avoid difficulties complying with the AD while away from base of operations or during cross country flights. The commenter stated that this would be consistent with AD 88-17-09 R1 (Amendment 39-6400; 54 FR 48583, November 24, 1989) (''AD 88-17-09 R1''), which allows a pilot to perform a pre-flight check, and that the test itself is simple to perform. \n\tFAA's Response: The FAA disagrees. AD 88-17-09 R1 allows the pilot to perform a check of the tail boom extension for security. This check is an exception to the FAA's standard maintenance regulations and is allowed in AD 88-17-09 R1 because it is a visualcheck that can be performed equally well by a pilot or a mechanic and does not require training or the use of tools. Since the tap inspection proposed in the NPRM would require both training and the use of a tool, allowing a pilot to perform it is not acceptable. The FAA made no changes in this final rule based on this comment. \n\tRequest: Wilson Construction stated the inspection criteria in the proposed AD are already specified by the manufacturer of the MR blades (HTC) and by MDHI. The commenter stated if owners/operators would follow the manufacturer's instructions, then an AD would not be necessary. \n\tFAA's Response: The FAA agrees. Not all operators are required to incorporate a manufacturer's maintenance instructions into the operator's maintenance program. Where the FAA has determined that a manufacturer's maintenance instructions are necessary to correct an unsafe condition, the FAA must issue an AD to mandate those instructions. The FAA made no changes in this final rule based on this comment. \n\nFAA's Determination \n\n\n\tThe FAA has reviewed the relevant information, considered the comments received, and determined that an unsafe condition exists and is likely to exist or develop on other products of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed with minor editorial changes. These minor changes are consistent with the proposals in the NPRM and will not increase the economic burden on any operator nor increase the scope of the AD. \n\nRelated Service Information Under 1 CFR Part 51 \n\n\n\tThe FAA reviewed HTC Mandatory Service Bulletin Notice No. 2100- 8R4, dated June 1, 2017, which specifies a daily tap inspection of the MR blade abrasion strip to detect voids. If there are any voids, this service information specifies repairing or replacing the MR blade, depending on the size, quantity, and location of any damage. \n\tThis service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 50 helicopters of U.S. Registry. The FAA estimates that operators may incur the following costs in order to comply with this AD. \n\tAt an average labor rate of $85 per hour, tap-testing the MR blades requires about 0.25 work-hour, for a cost per helicopter of $22 per inspection cycle. If required, replacing an MR blade requires about 1 work-hour and required parts cost up to $24,130, for a cost per helicopter of $24,215. \n\tAccording to HTC's service information, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. The FAA does not control warranty coverage by HTC. Accordingly, the FAA has included all costs in this cost estimate. \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tThe 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 \n\n((Page 59665)) \n\ndevelop on products identified in this rulemaking action. \n\nRegulatory Findings \n\n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, \n\t(2) Will not affect intrastate aviation in Alaska, and \n\t(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.