Discussion
On April 25, 2013, at 78 FR 24371, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to Robinson Model R22, R22 Alpha, R22 Beta, and R22 Mariner helicopters, serial number 0002 through 4271, with a fuel shut-off valve part-number (P/N) A670-1 revision A through H installed. The NPRM proposed to require, within 3 years, removing the fuel shut-off valve, P/N A670-1 revision A through H, and replacing the valve with a newly designed fuel shut-off valve. Three accidents have occurred with R22 helicopters because the lever- handle fuel valve was inadvertently moved to the ``off'' position before takeoff. Closing this valve will result in loss of power from the engine and subsequent loss of control of the helicopter. Robinson subsequently redesigned the fuel valve with a smaller actuating handle and with the valve spring loaded to the ``on'' position, to prevent inadvertent fuel shut-off. The proposed requirements were intended to prevent inadvertent closing of the fuel valve, which could result in engine power loss.
Comments
After our NPRM (78 FR 24371, April 25, 2013) was published, we received comments from one commenter.
Request
Robinson noted that the Summary and Discussion sections of the NPRM contained language stating that closing of the fuel valve could result in engine power loss and subsequent loss of control of the helicopter. Robinson commented that loss of engine power does not result in loss of control of the helicopter.
We agree, and have redefined the unsafe condition in the SUMMARY and SUPPLEMENTARY INFORMATION Discussion sections of the preamble of this final rule to state that inadvertent closing of the fuel valve could result in engine power loss from which a safe landing may not be possible.
FAA's Determination
We have reviewed the relevant information, considered the comment 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 the change described previously. This change is consistent with the intent of the proposals in the NPRM and will not increase the economic burden on any operator nor increase the scope of this AD.
Related Service Information
Robinson has issued R22 Service Bulletin SB-105, dated September 7, 2011 (SB-105), which specifies procedures to replace the lever handle fuel shut-off valve part number (P/N) A670-1 revision A through H with a fuel shut-off valve P/N A670-1 revision I or later.
Differences Between This AD and the Service Information
SB-105 specifies compliance within 500 flight-hours or by August 31, 2012. This AD requires compliance within 3 years.
Costs of Compliance
We estimate that this AD will affect 1,282 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. Replacing the fuel shut-off valve requires about 2 work-hours at an average labor rate of $85 per hour, and required parts will cost about $260, for a cost per helicopter of $430, and a total cost to U.S. operators of $551,260.
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.
We are 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.
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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 above, I certify that this AD:
(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);
(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and
(4) Will not have a significant economic impact, positiveor negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.