Proposed Rule2021-15979
Airworthiness Directives; Hamilton Sundstrand Corporation Propellers; Initial Regulatory Flexibility Analysis
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 28, 2021
Effective
February 25, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is publishing and requesting comments on this IRFA for the previously published notice of proposed rulemaking (NPRM), Project Identifier AD-2020-01314-P, applicable to Hamilton Sundstrand Corporation 54H model propellers with a 54H60 model propeller hub installed. That NPRM proposed to supersede Airworthiness Directive (AD) 2020-12-07, which applies to certain Hamilton Sundstrand Corporation (Hamilton Sundstrand) 54H model propellers.
Full Text
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<title>Federal Register, Volume 86 Issue 142 (Wednesday, July 28, 2021)</title>
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[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Proposed Rules]
[Pages 40376-40378]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15979]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0032; Project Identifier AD-2020-01314-P]
RIN 2120-AA64
Airworthiness Directives; Hamilton Sundstrand Corporation
Propellers; Initial Regulatory Flexibility Analysis
AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).
ACTION: Initial regulatory flexibility analysis (IRFA); request for
comment.
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SUMMARY: The FAA is publishing and requesting comments on this IRFA for
the previously published notice of proposed rulemaking (NPRM), Project
Identifier AD-2020-01314-P, applicable to Hamilton Sundstrand
Corporation 54H model propellers with a 54H60 model propeller hub
installed. That NPRM proposed to supersede Airworthiness Directive (AD)
2020-12-07, which applies to certain Hamilton Sundstrand Corporation
(Hamilton Sundstrand) 54H model propellers.
DATES: Comments on this IRFA for the NPRM published on February 25,
2021 (86 FR 11473), must be received on or before September 13, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michael Schwetz, Aviation Safety
Engineer, Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA
01803; phone: (781) 238-7761; fax: (781) 238-7199; email:
<a href="/cdn-cgi/l/email-protection#6904000a01080c05471a0a011e0c1d13290f0808470e061f"><span class="__cf_email__" data-cfemail="f69b9f959e97939ad885959e8193828cb6909797d8919980">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this IRFA. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0032; Project Identifier
AD-2020-01314-P'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact we receive about this proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Michael Schwetz, Aviation Safety Engineer, Boston ACO Branch, FAA, 1200
District Avenue, Burlington, MA 01803. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
Background
The FAA issued AD 2020-12-07, Amendment 39-21142 (85 FR 36145, June
15, 2020) (AD 2020-12-07) for certain Hamilton Sundstrand 54H model
propellers. AD 2020-12-07 was prompted by a report of the separation of
a 54H60 model propeller blade installed on a United States Marine Corps
Reserve (USMCR) KC-130T airplane during a flight in July 2017. The
USMCR investigation of this event revealed the Hamilton Sundstrand
54H60 model propeller blade separated due to corrosion pitting and a
resultant intergranular radial crack that was not corrected at the last
propeller overhaul. From this intergranular crack, a fatigue crack
initiated and grew under service loading until the Hamilton Sundstrand
54H60 model propeller blade could no longer sustain the applied loads
and ultimately the blade separated. The separation of the blade
resulted in the loss of the airplane and 17 fatalities. The
investigation further revealed that 54H60 model propeller blades
manufactured before 1971 are susceptible to cracks of the propeller
blade in the area of the internal taper bore. The applicability of AD
2020-12-07 was therefore limited to those Hamilton Sundstrand 54H60
model propellers blades with a blade serial number (S/N) below 813320,
which are those propeller blades manufactured before 1971. AD 2020-12-
07 required initial and repetitive eddy current inspections (ECIs) of
the affected propeller blades and replacement of any propeller blade
that fails inspection. The agency issued AD 2020-12-07 to detect
cracking in the propeller blade taper bore.
[[Page 40377]]
Actions Since AD 2020-12-07 Was Issued
Since the FAA issued AD 2020-12-07, the manufacturer determined
that all propeller blades installed on Hamilton Sundstrand 54H model
propellers with a 54H60 model propeller hub are susceptible to
intergranular corrosion cracking in the blade taper bore. As a result,
the manufacturer published Hamilton Sundstrand Alert Service Bulletin
(ASB) 54H60-61-A154, Revision 1, dated May 29, 2020, to expand the
effectivity of the ASB to include propeller blades with a blade S/N
below 813320, all propeller blades if the propeller contains a
propeller blade with a blade S/N below 813320, and all propeller blades
that have not been overhauled within ten years.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objective of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.
To achieve that principle, the RFA requires agencies to solicit and
consider flexible regulatory proposals and to explain the rationale for
their actions. The RFA covers a wide-range of small entities, including
small businesses, not-for-profit organizations, and small governmental
jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the Act. Based on the comments received following publication of the
NPRM, the FAA has completed an IRFA and requests comments from affected
small entities. The purpose of this analysis is to identify the number
of small entities affected, assess the economic impact of the proposed
regulation on them, and consider less burdensome alternatives and still
meet the agency's statutory objectives.
Initial Regulatory Flexibility Act Analysis
The Regulatory Flexibility Act (RFA) of 1980, Public Law 96-354, 94
Stat. 1164 (5 U.S.C. 601-612), as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat.
857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L.
111-240, 124 Stat. 2504, Sept. 27, 2010), requires Federal agencies to
consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term ``small entities'' comprises small businesses and small
organizations that are independently owned and operated and are not
dominant in their fields, and small governmental jurisdictions with
populations of less than fifty thousand (50,000).
The FAA is publishing this Initial Regulatory Flexibility Analysis
(IRFA) to aid the public in commenting on the potential impacts to
small entities from this proposal. The FAA invites interested parties
to submit data and information regarding the potential economic impact
that would result from the proposal. The FAA will consider comments
when making a determination or when completing a Final Regulatory
Flexibility Assessment.
Under Sections 603(b) and (c) of the RFA, the initial regulatory
flexibility analysis for a proposed rule must: Contain the following:
(1) A description of the reasons why the action by the agency is
being considered;
(2) A succinct statement of the objectives of, and legal basis for,
the proposed rule;
(3) A description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply;
(4) A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
(5) An identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule; and
(6) A description of any significant alternatives to the proposed
rule which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rule on
small entities.
1. Reasons the Action Is Being Considered
AD 2020-12-07 was prompted by a report of the separation of a 54H60
model propeller blade installed on a USMCR KC-130T airplane during a
flight in July 2017. The subsequent NPRM proposed to retain certain
requirements of AD 2020-12-07 and proposed to require initial and
repetitive ECIs of all propeller blades installed on Hamilton
Sundstrand 54H model propellers with a propeller hub, model 54H60,
installed. Additionally, the NPRM proposed to require replacement of
any propeller blade that fails inspection.
2. Objectives and Legal Basis of the Proposed Rule
The FAA issued NPRM, Project Identifier AD-2020-01314-P, under the
authority described in Title 49, Subtitle VII, Part A, Subpart III,
Section 44701, General requirements. Under that section, the FAA is
charged with promoting safe flight of civil aircraft in air commerce by
prescribing minimum safety standards required in the interest of
safety. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
the propellers identified in the NPRM.
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.
3. All Federal Rules That May Duplicate, Overlap, or Conflict
There are no relevant Federal rules that may duplicate, overlap, or
conflict with the proposed rule.
4. Description and Estimate of the Number of Small Entities
FAA used the definition of small entities in the RFA for this
analysis. The RFA defines small entities as small businesses, small
governmental jurisdictions, or small organizations. In 5 U.S.C. 601(3),
the RFA defines ``small business'' to have the same meaning as ``small
business concern'' under section 3 of the Small Business Act. The Small
Business Act authorizes the Small Business Administration (SBA) to
define ``small business'' by issuing regulations.
SBA (2019) has established size standards for various types of
economic activities, or industries, under the North American Industry
Classification System (NAICS).\1\ These size standards generally define
small businesses based on the number of employees or annual receipts.
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\1\ Small Business Administration (SBA). 2019. Table of Size
Standards. Effective August 12, 2019. <a href="https://www.sba.gov/document/support--table-size-standards">https://www.sba.gov/document/support--table-size-standards</a>.
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The FAA identified fifty-three (53) airplanes with 54H model
propellers having propeller hub, model 54H60,
[[Page 40378]]
installed. These 53 airplanes are registered to twenty (20) entities.
Twenty (20) airplanes are registered to the United States Government
entities, including the U.S. Customs and Border Protection, which
operates thirteen (13) of these airplanes. The FAA determined that
these government entities are not small businesses or other forms of
small entity.
The remaining thirty-three (33) airplanes are owned and operated by
sixteen (16) private entities. All of these private entities fall under
the 481112 NAICS Code (Scheduled Freight Air Transportation) with a
small business size standard of a maximum of 1,500 employees to be
considered small business.
Six (6) of these thirty-three (33) airplanes are registered to
Lynden Air Cargo, LLC, affiliated with the Lynden Incorporated, which,
with 2,500 employees on its payroll, is not a small entity per the SBA
definition. The FAA considered all other entities that own and operate
similar airplanes as small entities since they all employ less than
1,500 employees. Therefore, the FAA estimated that this proposed AD
would impact fifteen (15) small entities.
5. Projected Reporting, Recordkeeping, and Other Compliance
Requirements
There are no reporting or recordkeeping costs with this proposed
AD. However, the FAA estimated that there would be compliance costs due
to the proposed requirements as discussed below.
Using the compliance cost estimate that Lynden Air Cargo LLC
provided in its public comment to the proposed AD ($9,190 to inspect
all propeller blades installed on each propeller, or $36,760 to inspect
an airplane with four (4) propellers), the FAA calculated the total
compliance costs of this AD on fifteen (15) small businesses that own
and operate twenty-seven (27) airplanes at $992,520 ($36,760 x 27).
Eight (8) small businesses that own and operate one airplane would
incur $36,760. The compliance costs of one small entity with five (5)
airplanes would be $183,800. The average compliance costs of this AD on
small entities would be $66,168 ($992,520/15).
The FAA estimated the revenue impact of complying with this
proposed AD's requirements on these 15 small entities would vary from
under 1 percent (0.12 percent) of affected companies' annual revenues
to approximately 2 percent (1.69 percent) of their annual revenues.
To the extent that small entities provide more unique services or
serve markets with less competition, they may also be able to pass on
costs in the form of price increases. However, the FAA assumed that
none of these small entities would be able to pass these compliance
costs to their customers in terms of higher prices.
6. Significant Alternatives Considered
The FAA did not find any significant regulatory alternatives to the
proposed AD that would still accomplish the safety objectives of this
proposed AD.
Issued on July 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-15979 Filed 7-27-21; 8:45 am]
BILLING CODE 4910-13-P
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