Airworthiness Directives; MD Helicopters, Inc. Model MD900 Helicopters, 27212-27215 [E6-7092]
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27212
Federal Register / Vol. 71, No. 90 / Wednesday, May 10, 2006 / Proposed Rules
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Done in Washington, DC, May 8, 2006.
Barbara J. Masters,
Administrator.
[FR Doc. 06–4394 Filed 5–8–06; 12 pm]
BILLING CODE 3410–DM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24631; Directorate
Identifier 2005–SW–01–AD]
RIN 2120–AA64
Airworthiness Directives; MD
Helicopters, Inc. Model MD900
Helicopters
Federal Aviation
Administration, DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
rmajette on PROD1PC67 with PROPOSALS
AGENCY:
SUMMARY: This document proposes
superseding an existing airworthiness
directive (AD) for MD Helicopters, Inc.
(MDHI) Model MD900 helicopters. That
AD currently requires reducing the life
limit of certain Notar fan system
tension-torsion (TT) straps. That AD
also requires, at a specified time
interval, removing each affected TT
strap from the helicopter, doing a visual
and X-ray inspection, and replacing any
unairworthy part before further flight.
This AD would require the same actions
as the existing AD, but would also
require revising the life limit on the
component history card or equivalent
record, doing repetitive visual and X-ray
inspections, and would remove
reporting requirements. This proposal is
prompted by two in-flight TT strap
failures. The actions specified by the
proposed AD are intended to prevent
failure of a TT strap, loss of directional
control, and subsequent loss of control
of the helicopter.
DATES: Comments must be received on
or before July 10, 2006.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD:
• DOT Docket Web site: Go to https://
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14:25 May 09, 2006
Jkt 208001
dms.dot.gov and follow the instructions
for sending your comments
electronically;
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically;
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590;
• Fax: 202–493–2251; or
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may get the service information
identified in this proposed AD from MD
Helicopters Inc., Attn: Customer
Support Division, 4555 E. McDowell
Rd., Mail Stop M615, Mesa, Arizona
85215–9734, telephone 1–800–388–
3378, fax 480–346–6813, or on the Web
at https://www.mdhelicopters.com.
You may examine the comments to
this proposed AD in the AD docket on
the Internet at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Roger Durbin, Aviation Safety Engineer,
FAA, Los Angeles Aircraft Certification
Office, Airframe Branch, 3960
Paramount Blvd., Lakewood, California
90712, telephone (562) 627–5233, fax
(562) 627–5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any written
data, views, or arguments regarding this
proposed AD. Send your comments to
the address listed under the caption
ADDRESSES. Include the docket number
‘‘FAA–2006–24631, Directorate
Identifier 2005–SW–01–AD’’ at the
beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
the proposed AD. We will consider all
comments received by the closing date
and may amend the proposed AD in
light of those comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed
rulemaking. Using the search function
of our docket Web site, you can find and
read the comments to any of our
dockets, including the name of the
individual who sent or signed the
comment. You may review the DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
2000 (65 FR 19477–78) or you may visit
https://dms.dot.gov.
Examining the Docket
You may examine the docket that
contains the proposed AD, any
comments, and other information in
person at the Docket Management
System (DMS) Docket Office between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Docket Office (telephone 1–800–647–
5227) is located at the plaza level of the
Department of Transportation Nassif
Building in Room PL–401 at 400
Seventh Street, SW., Washington, DC.
Comments will be available in the AD
docket shortly after the DMS receives
them.
Discussion
On November 10, 2004, we issued a
Final Rule; Request for Comments. That
AD, 2004–23–15, Amendment 39–13870
(69 FR 67805, November 22, 2004),
requires reducing the life limit of certain
TT straps. At a specified time interval,
that AD also requires removing each
affected TT strap from the helicopter,
doing a visual and X-ray inspection, and
replacing any unairworthy part before
further flight. Reporting the discovery of
any unairworthy TT strap is also
required. That action was prompted by
two in-flight TT strap failures. The
requirements of that AD are intended to
prevent failure of a TT strap resulting in
loss of directional control and
subsequent loss of control of the
helicopter.
At the time we issued AD 2004–23–
15, the cause of the failures was not
known, and that AD was considered
interim action. These proposals also are
interim actions because the cause of the
failures is still unknown and the
investigation is ongoing. We will
consider further rulemaking once our
investigation is complete.
Before issuing that AD, we reviewed
MD Helicopters Service Bulletin SB–
900–095, dated November 3, 2004. The
service bulletin advises of the reduction
of the TT strap life limit and describes
procedures for performing an inspection
of each TT strap for nicks, cuts, cracks,
or wear. Procedures for a Level II or
higher X-Ray technician to do and
interpret an X-ray inspection of each TT
strap for progressive fiber fractures are
also included in the service bulletin.
Since issuing AD 2004–23–15, we
received several comments from the
manufacturer and have given them due
consideration. The following table lists
requested changes and comments and
our responses:
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Federal Register / Vol. 71, No. 90 / Wednesday, May 10, 2006 / Proposed Rules
27213
Requested change/comment
FAA response
1. Change the comments due date from January 21, 2004, to January
21, 2005.
We agree with this change and published a correction for this typographical error in the Federal Register on December 23, 2004 (69
FR 76979).
We have corrected the address and fax number. This proposed AD
contains the correct address and fax number.
The suggestion of first describing the part affected followed by the
compliance time is an acceptable method of organizing an AD. The
FAA has used that method. However, we believe that after determining if the AD applies to their product, operators generally want to
know when they have to comply with the AD. Therefore, in general,
we attempt to place the compliance times at the beginning of a paragraph. Each organizational approach has its merits. However, we
have chosen to continue to use the same organization in this proposal as we used in AD 2004–23–15.
Although these words have the same meaning, under plain-language
concepts, the shorter, simpler word is preferred. Therefore, we are
continuing to use ‘‘do’’ instead of ‘‘accomplish’’ or ‘‘complete,’’
We agree that the 300-hour TIS repetitive inspection needs to be mandated by AD. We issued AD 2004–23–15 as a Final Rule; Request
for comments (an immediately adopted rule (IAR)) without prior public notice and comment because the inspections mandated by that
AD were required within a very short time period. An IAR is an exception to the normal prior public notice and comment procedures of
the Administrative Procedures Act (5 U.S.C. 553) and is based on a
good-cause finding of impracticable, unnecessary, or contrary to the
public interest. Likewise, 14 CFR part 11 and DOT Regulatory Policies and Procedures guide our rulemaking.
Based on these rulemaking constraints, we could not justify inserting a
long-term requirement, such as a 300-hour TIS inspection, into an
IAR. However, we should have discussed our plan to implement the
long-term repetitive requirements in the preamble discussions of the
IAR.
We plan to add the recurring 300-hour TIS inspection after issuing an
NPRM and seeking public comments. We are doing that with this
proposal.
As to the comment that we add language to the AD in a note requiring
a repetitive 300-hour TIS visual and X-ray inspection, it is inappropriate to place a mandatory requirement in an AD note. Notes in
ADs are appropriate for providing helpful information, not required
actions, to AD users. Thus far, we have not required a repetitive
300-hour TIS inspection of these affected TT strap part numbers.
As to the comment that this requirement can be found as a note for
each appropriate part number listed in the Limitation section of the
maintenance manual, changes to the Airworthiness Limitations Section of the Instructions for Continued Airworthiness or Maintenance
Manuals, even if FAA-approved, require compliance only if implemented through an AD. This action proposes to require the repetitive
300-hour TIS inspection sought by the commenter.
We do not agree that any editorial changes are necessary.
2. Correct the manufacturer’s address and the fax number ....................
3. The commenter suggests we clarify when the initial visual and X-ray
inspections should begin. For example, instead of stating ‘‘within 10
hours TIS for any TT strap that has accumulated 1190 or more hours
TIS,’’ write it as: ‘‘For any TT strap that has accumulated 1190 or
more hours TIS, within 10 hours TIS * * *’’ The commenter suggests
this change be made in the preamble as well as paragraphs (b) and
(c) of the AD language.
4. The commenter suggests that we use the word ‘‘complete’’ instead
of ‘‘do’’ or ‘‘doing’’ in the AD where we state the compliance requirements.
5. The commenter suggests that we add the following language to the
preamble discussion of the AD as well as add it as a note to the AD
language: ‘‘Although not part of this AD, the FAA has required a 300
repetitive hour visual and x-ray inspection of the straps after the initial inspection required by this AD. This requirement can be found as
a note for each of the TT straps Part Numbers listed in the FAA Approved Airworthiness Limitations Section of the Maintenance Manual.’’
rmajette on PROD1PC67 with PROPOSALS
6. The commenter suggests the following editorial changes to the following sentence from paragraph (g) of the existing AD:
‘‘This AD revises the Airworthiness Limitations section of the maintenance * * *’’ to
‘‘This AD revises the Airworthiness Limitations Section (ALS) of the
maintenance * * *’’
7. The commenter suggests that the new life limits be recorded on the
Assembly Component Historical Record (CSP–RLB–L16 form).
8. The commenter requests that the existing AD be superseded as
soon as possible, but no later than February 7, 2005 ‘‘due to the critical nature of the recommended AD changes’’ and to ensure that operators do not overlook the 300-hour repetitive inspection.
We have also received several reports
from operators as required by AD 2004–
23–13. We included this reporting
requirement to obtain sufficient field
data that would allow us to verify that
the mandated inspection interval would
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14:25 May 09, 2006
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We agree that the new life limit should be recorded and propose that
change.
We agree that the repetitive inspection is important. The comment period for AD 2004–23–15 that we are proposing to supersede in this
NPRM closed January 21, 2005. Thus, the February 7, 2005, compliance date requested by the commenter was unrealistically short and
has already past. Since the comment period closed, the FAA has
been processing this NPRM that proposes requiring an additional
300-hour TIS inspection to the other requirements currently in AD
2004–23–15.
be adequate to manage the immediate
short-term safety concern. Since issuing
the AD, we have reviewed a sufficient
number of reports to determine that the
current interim inspection actions are
adequate to ensure safety. Accordingly,
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Fmt 4702
Sfmt 4702
we are proposing the remove the
reporting requirements. However, this
action is interim until the investigation
is complete and final terminating action
can be generated.
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Federal Register / Vol. 71, No. 90 / Wednesday, May 10, 2006 / Proposed Rules
The previously described unsafe
condition is likely to exist or develop on
other helicopters of the same type
design. Therefore, the proposed AD
would supersede AD 2004–23–15 and
would require the following for MDHI
Model MD900 helicopters with a TT
strap, part number (P/N) 900R3442009–
103, 900R6442009–103, 900R3442009–
101, or 500N5311–5, installed:
• Before further flight, unless
accomplished previously, for TT strap,
P/N 900R3442009–103 and
900R6442009–103, reducing the life
limit from 3,034 to 2,500 hours TIS and
revising the life limit on the component
history card or equivalent record;
• Within 10 hours TIS, unless
accomplished previously, and then at
intervals not to exceed 300 hours TIS,
for any TT strap that has accumulated
1,190 or more hours TIS, doing a visual
and X-ray inspection of each TT strap
and replacing any unairworthy TT strap
before further flight; and
• Before the TT strap accumulates
1,200 hours TIS, and then at intervals
not to exceed 300 hours TIS, for any TT
strap with less than 1,190 hours TIS,
doing a visual and X-ray inspection of
each strap and replacing any
unairworthy TT strap before further
flight.
The inspections would have to be
accomplished by following portions of
the service information previously
described.
We estimate that this proposed AD
would affect 31 helicopters of U.S.
registry. It would take about 7 work
hours for each visual inspection and
replacement at an average labor rate of
$65 per work hour. Because you must
remove the TT strap to inspect it, there
is no additional labor cost for replacing
the TT strap. It would also cost $100 for
each X-ray inspection. Required parts
would cost about $757 to replace each
strap. Based on these figures, we
estimate the total cost impact of the
proposed AD on U.S. operators to be
$168,950 in the first year (assuming a
total of 5 TT straps are replaced per
helicopter and 3 visual inspections and
3 X-ray inspections are conducted the
first year for each helicopter).
rmajette on PROD1PC67 with PROPOSALS
Regulatory Findings
We have determined that this
proposed AD would not have federalism
implications under Executive Order
13132. Additionally, this proposed AD
would 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.
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14:25 May 09, 2006
Jkt 208001
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
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
under the criteria of the Regulatory
Flexibility Act.
We prepared a draft economic
evaluation of the estimated costs to
comply with this proposed AD. See the
DMS to examine the draft economic
evaluation.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the Federal Aviation
Administration proposes to amend 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 39–13870 (69 FR
67805, November 22, 2004), and by
adding a new airworthiness directive
(AD), to read as follows:
MD Helicopters, Inc.: Docket No. FAA–2006–
24631; Directorate Identifier 2005–SW–
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
01. Supersedes AD 2004–23–15,
Amendment 39–13870, Docket No.
FAA–2004–19613, Directorate Identifier
2004–SW–38–AD.
Applicability: Model MD900 helicopters,
with a Notar fan system that has a tensiontorsion (TT) strap, part number (P/N)
900R3442009–103, 900R6442009–103,
900R3442009–101, or 500N5311–5, installed,
certificated in any category.
Compliance: Required as indicated.
To prevent failure of a TT strap in the
Notar fan system, loss of directional control,
and subsequent loss of control of the
helicopter, accomplish the following:
(a) Before further flight, unless
accomplished previously, for TT Straps, P/N
900R3442009–103 and 900R6442009–103,
reduce the life limit from 3,034 to 2,500
hours time-in-service (TIS) and revise the life
limit on the component history card or
equivalent record to reflect this reduced
retirement life.
(b) Within 10 hours TIS, unless
accomplished previously, for any TT strap
that has accumulated 1,190 or more hours
TIS, and then at intervals not to exceed 300
hours TIS, remove the TT strap from the
helicopter and do a visual and an X-ray
inspection in accordance with the Inspection
Instructions, paragraph 2.B.(1). through (5).,
and Figures 1 and 2 of MD Helicopters
Service Bulletin SB900–095, dated November
3, 2004 (SB). Replace any unairworthy TT
strap before further flight.
(c) Before the TT strap accumulates 1,200
hours TIS, for any TT strap with less than
1,190 hours TIS, and then at intervals not to
exceed 300 hours TIS, remove the TT strap
from the helicopter and do a visual and an
X-ray inspection in accordance with the
Inspection Instructions, paragraph 2.B.(1).
through (5)., and Figures 1 and 2 of the SB.
Replace any unairworthy TT strap before
further flight.
(d) The X-ray inspection of the TT strap
must be performed by a Level II or higher Xray technician who is qualified under the
guidelines established by MIL–STD– 410E,
ATA Specification 105, AIA–NAS–410, or an
FAA-accepted equivalent for qualification
standards.
(e) This AD revises the Airworthiness
Limitations section of the maintenance
manual by reducing the life limit of the TT
straps, P/N 900R3442009–103 and
900R6442009–103, from 3,034 hours TIS to
2,500 hours TIS. Additionally, this AD
revises the Airworthiness Limitations section
of the maintenance manual by adding
repetitive inspection requirements at
intervals not to exceed 300 hours TIS for TT
straps, P/N 900R3442009–103,
900R6442009–103, 900R3442009–101, and
500N5311–5, that have 1,200 or more hours
TIS until the TT strap reaches its retirement
life.
(f) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Contact the Los Angeles Aircraft
Certification, Transport Airplane Directorate,
FAA, for information about previously
approved alternative methods of compliance.
E:\FR\FM\10MYP1.SGM
10MYP1
Federal Register / Vol. 71, No. 90 / Wednesday, May 10, 2006 / Proposed Rules
Issued in Fort Worth, Texas, on May 1,
2006.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. E6–7092 Filed 5–9–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24733; Directorate
Identifier 2005–SW–08–AD]
RIN 2120–AA64
Airworthiness Directives; Eurocopter
France Model SA341G, SA342J, and
SA–360C Helicopters
Federal Aviation
Administration, DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This amendment proposes
superseding an existing airworthiness
directive (AD) for the specified
Eurocopter France (ECF) model
helicopters that currently requires
replacing each affected main rotor head
torsion tie bar (tie bar) with an
airworthy tie bar and revising the
limitations section of the maintenance
manual by adding life limits for certain
tie bars. This action would retain the
current requirements and reduce life
limits of another part-numbered tie bar.
This proposal is prompted by the FAA
determination, after reviewing the
manufacturer’s data, that another partnumbered tie bar should be included in
the applicability of the AD. The actions
specified by the proposed AD are
intended to prevent failure of a tie bar,
loss of a main rotor blade, and
subsequent loss of control of the
helicopter.
SUMMARY:
Comments must be received on
or before July 10, 2006.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD:
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically;
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically;
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590;
• Fax: 202–493–2251; or
rmajette on PROD1PC67 with PROPOSALS
DATES:
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Jkt 208001
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may get the service information
identified in this proposed AD from
American Eurocopter Corporation, 2701
Forum Drive, Grand Prairie, Texas
75053–4005, telephone (972) 641–3460,
fax (972) 641–3527.
You may examine the comments to
this proposed AD in the AD docket on
the Internet at https://dms.dot.gov.
Examining the Docket
You may examine the docket that
contains this AD, any comments, and
other information on the Internet at
https://dms.dot.gov, or at the Docket
Management System (DMS), U.S.
Department of Transportation, 400
Seventh Street SW., Room PL–401, on
the plaza level of the Nassif Building,
Washington, DC.
Gary
Roach, Aviation Safety Engineer, FAA,
Rotorcraft Directorate, Rotorcraft
Standards Staff, Fort Worth, Texas
76193–0111, telephone (817) 222–5130,
fax (817) 222–5961.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any written
data, views, or arguments regarding this
proposed AD. Send your comments to
the address listed under the caption
ADDRESSES. Include the docket number
‘‘FAA–2006–24733, Directorate
Identifier 2005–SW–08–AD’’ at the
beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
the proposed AD. We will consider all
comments received by the closing date
and may amend the proposed AD in
light of those comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed
rulemaking. Using the search function
of our docket Web site, you can find and
read the comments to any of our
dockets, including the name of the
individual who sent or signed the
comment. You may review the DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78) or you may visit
https://dms.dot.gov.
PO 00000
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Sfmt 4702
27215
Discussion
On April 11, 2002, we issued AD
2002–08–16 (67 FR 19640, April 23,
2002), Amendment 39–12725, to
supersede AD 2001–19–51 (66 FR
58663, November 23, 2001),
Amendment 39–12508. AD 2001–19–51
was published after we issued
Emergency AD 2001–19–51 on
September 21, 2001. AD 2001–19–51
requires removal of certain partnumbered tie bars and adds a life limit
for other part-numbered tie bars. AD
2002–08–16 retained requirements
removing certain part-numbered tie bars
and further reduced the life of the tie
bars. Those actions were prompted by
an accident involving an ECF Model
SA341G helicopter due to the failure of
a tie bar. The ECF Model SA342J and
SA–360C helicopters have tie bars
identical to the one that failed on the
ECF Model SA341G helicopter. The
requirements of the current AD are
intended to prevent failure of a tie bar,
loss of a main rotor blade, and
subsequent loss of control of the
helicopter.
Since issuing that AD, the Direction
Generale De L’Aviation Civile (DGAC),
the airworthiness authority for France,
notified the FAA of another affected tiebar, part number (P/N) 704A33–633–
270, and additional flight restrictions for
the new-affected tie bar.
Also, since issuing that AD, ECF has
issued Alert Service Bulletin No. 01.29,
dated December 4, 2002 (ASB), for the
Models SA341G and SA342J
helicopters. The ASB cancels Alert
Telex (AT) No. 01.28, dated August 7,
2001, and supersedes AT 01.29 R1,
dated December 11, 2001. The ASB
specifies additional flight restrictions
for the affected tie bars and adds tie bar,
P/N 704A33–633–270, to the ASB
effectivity. The DGAC classified this
ASB as mandatory and issued AD 2001–
587–041(A) R2, dated January 8, 2003,
for the Model SA341/342 helicopters to
ensure the continued airworthiness of
these helicopters in France.
These helicopter models are
manufactured in France and are type
certificated for operation in the United
States under the provisions of 14 CFR
21.29 and the applicable bilateral
agreement. Pursuant to the applicable
bilateral agreement, the DGAC has kept
the FAA informed of the situation
described above. The FAA has
examined the findings of the DGAC,
reviewed all available information, and
determined that AD action is necessary
for products of these type designs that
are certificated for operation in the
United States.
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Agencies
[Federal Register Volume 71, Number 90 (Wednesday, May 10, 2006)]
[Proposed Rules]
[Pages 27212-27215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7092]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24631; Directorate Identifier 2005-SW-01-AD]
RIN 2120-AA64
Airworthiness Directives; MD Helicopters, Inc. Model MD900
Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes superseding an existing airworthiness
directive (AD) for MD Helicopters, Inc. (MDHI) Model MD900 helicopters.
That AD currently requires reducing the life limit of certain Notar fan
system tension-torsion (TT) straps. That AD also requires, at a
specified time interval, removing each affected TT strap from the
helicopter, doing a visual and X-ray inspection, and replacing any
unairworthy part before further flight. This AD would require the same
actions as the existing AD, but would also require revising the life
limit on the component history card or equivalent record, doing
repetitive visual and X-ray inspections, and would remove reporting
requirements. This proposal is prompted by two in-flight TT strap
failures. The actions specified by the proposed AD are intended to
prevent failure of a TT strap, loss of directional control, and
subsequent loss of control of the helicopter.
DATES: Comments must be received on or before July 10, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD:
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically;
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically;
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590;
Fax: 202-493-2251; or
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
You may get the service information identified in this proposed AD
from MD Helicopters Inc., Attn: Customer Support Division, 4555 E.
McDowell Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-
800-388-3378, fax 480-346-6813, or on the Web at https://
www.mdhelicopters.com.
You may examine the comments to this proposed AD in the AD docket
on the Internet at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aviation Safety
Engineer, FAA, Los Angeles Aircraft Certification Office, Airframe
Branch, 3960 Paramount Blvd., Lakewood, California 90712, telephone
(562) 627-5233, fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any written data, views, or arguments
regarding this proposed AD. Send your comments to the address listed
under the caption ADDRESSES. Include the docket number ``FAA-2006-
24631, Directorate Identifier 2005-SW-01-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed rulemaking. Using the search
function of our docket Web site, you can find and read the comments to
any of our dockets, including the name of the individual who sent or
signed the comment. You may review the DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477-78) or you may visit https://dms.dot.gov.
Examining the Docket
You may examine the docket that contains the proposed AD, any
comments, and other information in person at the Docket Management
System (DMS) Docket Office between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5227) is located at the plaza level of the Department of
Transportation Nassif Building in Room PL-401 at 400 Seventh Street,
SW., Washington, DC. Comments will be available in the AD docket
shortly after the DMS receives them.
Discussion
On November 10, 2004, we issued a Final Rule; Request for Comments.
That AD, 2004-23-15, Amendment 39-13870 (69 FR 67805, November 22,
2004), requires reducing the life limit of certain TT straps. At a
specified time interval, that AD also requires removing each affected
TT strap from the helicopter, doing a visual and X-ray inspection, and
replacing any unairworthy part before further flight. Reporting the
discovery of any unairworthy TT strap is also required. That action was
prompted by two in-flight TT strap failures. The requirements of that
AD are intended to prevent failure of a TT strap resulting in loss of
directional control and subsequent loss of control of the helicopter.
At the time we issued AD 2004-23-15, the cause of the failures was
not known, and that AD was considered interim action. These proposals
also are interim actions because the cause of the failures is still
unknown and the investigation is ongoing. We will consider further
rulemaking once our investigation is complete.
Before issuing that AD, we reviewed MD Helicopters Service Bulletin
SB-900-095, dated November 3, 2004. The service bulletin advises of the
reduction of the TT strap life limit and describes procedures for
performing an inspection of each TT strap for nicks, cuts, cracks, or
wear. Procedures for a Level II or higher X-Ray technician to do and
interpret an X-ray inspection of each TT strap for progressive fiber
fractures are also included in the service bulletin.
Since issuing AD 2004-23-15, we received several comments from the
manufacturer and have given them due consideration. The following table
lists requested changes and comments and our responses:
[[Page 27213]]
------------------------------------------------------------------------
Requested change/comment FAA response
------------------------------------------------------------------------
1. Change the comments due date from We agree with this change and
January 21, 2004, to January 21, 2005. published a correction for
this typographical error in
the Federal Register on
December 23, 2004 (69 FR
76979).
2. Correct the manufacturer's address We have corrected the address
and the fax number. and fax number. This proposed
AD contains the correct
address and fax number.
3. The commenter suggests we clarify The suggestion of first
when the initial visual and X-ray describing the part affected
inspections should begin. For example, followed by the compliance
instead of stating ``within 10 hours time is an acceptable method
TIS for any TT strap that has of organizing an AD. The FAA
accumulated 1190 or more hours TIS,'' has used that method. However,
write it as: ``For any TT strap that we believe that after
has accumulated 1190 or more hours determining if the AD applies
TIS, within 10 hours TIS * * *'' The to their product, operators
commenter suggests this change be made generally want to know when
in the preamble as well as paragraphs they have to comply with the
(b) and (c) of the AD language. AD. Therefore, in general, we
attempt to place the
compliance times at the
beginning of a paragraph. Each
organizational approach has
its merits. However, we have
chosen to continue to use the
same organization in this
proposal as we used in AD 2004-
23-15.
4. The commenter suggests that we use Although these words have the
the word ``complete'' instead of same meaning, under plain-
``do'' or ``doing'' in the AD where we language concepts, the
state the compliance requirements. shorter, simpler word is
preferred. Therefore, we are
continuing to use ``do''
instead of ``accomplish'' or
``complete,''
5. The commenter suggests that we add We agree that the 300-hour TIS
the following language to the preamble repetitive inspection needs to
discussion of the AD as well as add it be mandated by AD. We issued
as a note to the AD language: AD 2004-23-15 as a Final Rule;
``Although not part of this AD, the Request for comments (an
FAA has required a 300 repetitive hour immediately adopted rule
visual and x-ray inspection of the (IAR)) without prior public
straps after the initial inspection notice and comment because the
required by this AD. This requirement inspections mandated by that
can be found as a note for each of the AD were required within a very
TT straps Part Numbers listed in the short time period. An IAR is
FAA Approved Airworthiness Limitations an exception to the normal
Section of the Maintenance Manual.'' prior public notice and
comment procedures of the
Administrative Procedures Act
(5 U.S.C. 553) and is based on
a good-cause finding of
impracticable, unnecessary, or
contrary to the public
interest. Likewise, 14 CFR
part 11 and DOT Regulatory
Policies and Procedures guide
our rulemaking.
Based on these rulemaking
constraints, we could not
justify inserting a long-term
requirement, such as a 300-
hour TIS inspection, into an
IAR. However, we should have
discussed our plan to
implement the long-term
repetitive requirements in the
preamble discussions of the
IAR.
We plan to add the recurring
300-hour TIS inspection after
issuing an NPRM and seeking
public comments. We are doing
that with this proposal.
As to the comment that we add
language to the AD in a note
requiring a repetitive 300-
hour TIS visual and X-ray
inspection, it is
inappropriate to place a
mandatory requirement in an AD
note. Notes in ADs are
appropriate for providing
helpful information, not
required actions, to AD users.
Thus far, we have not required
a repetitive 300-hour TIS
inspection of these affected
TT strap part numbers.
As to the comment that this
requirement can be found as a
note for each appropriate part
number listed in the
Limitation section of the
maintenance manual, changes to
the Airworthiness Limitations
Section of the Instructions
for Continued Airworthiness or
Maintenance Manuals, even if
FAA-approved, require
compliance only if implemented
through an AD. This action
proposes to require the
repetitive 300-hour TIS
inspection sought by the
commenter.
6. The commenter suggests the following We do not agree that any
editorial changes to the following editorial changes are
sentence from paragraph (g) of the necessary.
existing AD:
``This AD revises the Airworthiness
Limitations section of the maintenance
* * *'' to
``This AD revises the Airworthiness
Limitations Section (ALS) of the
maintenance * * *''
7. The commenter suggests that the new We agree that the new life
life limits be recorded on the limit should be recorded and
Assembly Component Historical Record propose that change.
(CSP-RLB-L16 form).
8. The commenter requests that the We agree that the repetitive
existing AD be superseded as soon as inspection is important. The
possible, but no later than February comment period for AD 2004-23-
7, 2005 ``due to the critical nature 15 that we are proposing to
of the recommended AD changes'' and to supersede in this NPRM closed
ensure that operators do not overlook January 21, 2005. Thus, the
the 300-hour repetitive inspection. February 7, 2005, compliance
date requested by the
commenter was unrealistically
short and has already past.
Since the comment period
closed, the FAA has been
processing this NPRM that
proposes requiring an
additional 300-hour TIS
inspection to the other
requirements currently in AD
2004-23-15.
------------------------------------------------------------------------
We have also received several reports from operators as required by
AD 2004-23-13. We included this reporting requirement to obtain
sufficient field data that would allow us to verify that the mandated
inspection interval would be adequate to manage the immediate short-
term safety concern. Since issuing the AD, we have reviewed a
sufficient number of reports to determine that the current interim
inspection actions are adequate to ensure safety. Accordingly, we are
proposing the remove the reporting requirements. However, this action
is interim until the investigation is complete and final terminating
action can be generated.
[[Page 27214]]
The previously described unsafe condition is likely to exist or
develop on other helicopters of the same type design. Therefore, the
proposed AD would supersede AD 2004-23-15 and would require the
following for MDHI Model MD900 helicopters with a TT strap, part number
(P/N) 900R3442009-103, 900R6442009-103, 900R3442009-101, or 500N5311-5,
installed:
Before further flight, unless accomplished previously, for
TT strap, P/N 900R3442009-103 and 900R6442009-103, reducing the life
limit from 3,034 to 2,500 hours TIS and revising the life limit on the
component history card or equivalent record;
Within 10 hours TIS, unless accomplished previously, and
then at intervals not to exceed 300 hours TIS, for any TT strap that
has accumulated 1,190 or more hours TIS, doing a visual and X-ray
inspection of each TT strap and replacing any unairworthy TT strap
before further flight; and
Before the TT strap accumulates 1,200 hours TIS, and then
at intervals not to exceed 300 hours TIS, for any TT strap with less
than 1,190 hours TIS, doing a visual and X-ray inspection of each strap
and replacing any unairworthy TT strap before further flight.
The inspections would have to be accomplished by following portions
of the service information previously described.
We estimate that this proposed AD would affect 31 helicopters of
U.S. registry. It would take about 7 work hours for each visual
inspection and replacement at an average labor rate of $65 per work
hour. Because you must remove the TT strap to inspect it, there is no
additional labor cost for replacing the TT strap. It would also cost
$100 for each X-ray inspection. Required parts would cost about $757 to
replace each strap. Based on these figures, we estimate the total cost
impact of the proposed AD on U.S. operators to be $168,950 in the first
year (assuming a total of 5 TT straps are replaced per helicopter and 3
visual inspections and 3 X-ray inspections are conducted the first year
for each helicopter).
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. Additionally, this proposed
AD would 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 the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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 under the criteria
of the Regulatory Flexibility Act.
We prepared a draft economic evaluation of the estimated costs to
comply with this proposed AD. See the DMS to examine the draft economic
evaluation.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing Amendment 39-13870 (69 FR
67805, November 22, 2004), and by adding a new airworthiness directive
(AD), to read as follows:
MD Helicopters, Inc.: Docket No. FAA-2006-24631; Directorate
Identifier 2005-SW-01. Supersedes AD 2004-23-15, Amendment 39-13870,
Docket No. FAA-2004-19613, Directorate Identifier 2004-SW-38-AD.
Applicability: Model MD900 helicopters, with a Notar fan system
that has a tension-torsion (TT) strap, part number (P/N)
900R3442009-103, 900R6442009-103, 900R3442009-101, or 500N5311-5,
installed, certificated in any category.
Compliance: Required as indicated.
To prevent failure of a TT strap in the Notar fan system, loss
of directional control, and subsequent loss of control of the
helicopter, accomplish the following:
(a) Before further flight, unless accomplished previously, for
TT Straps, P/N 900R3442009-103 and 900R6442009-103, reduce the life
limit from 3,034 to 2,500 hours time-in-service (TIS) and revise the
life limit on the component history card or equivalent record to
reflect this reduced retirement life.
(b) Within 10 hours TIS, unless accomplished previously, for any
TT strap that has accumulated 1,190 or more hours TIS, and then at
intervals not to exceed 300 hours TIS, remove the TT strap from the
helicopter and do a visual and an X-ray inspection in accordance
with the Inspection Instructions, paragraph 2.B.(1). through (5).,
and Figures 1 and 2 of MD Helicopters Service Bulletin SB900-095,
dated November 3, 2004 (SB). Replace any unairworthy TT strap before
further flight.
(c) Before the TT strap accumulates 1,200 hours TIS, for any TT
strap with less than 1,190 hours TIS, and then at intervals not to
exceed 300 hours TIS, remove the TT strap from the helicopter and do
a visual and an X-ray inspection in accordance with the Inspection
Instructions, paragraph 2.B.(1). through (5)., and Figures 1 and 2
of the SB. Replace any unairworthy TT strap before further flight.
(d) The X-ray inspection of the TT strap must be performed by a
Level II or higher X-ray technician who is qualified under the
guidelines established by MIL-STD- 410E, ATA Specification 105, AIA-
NAS-410, or an FAA-accepted equivalent for qualification standards.
(e) This AD revises the Airworthiness Limitations section of the
maintenance manual by reducing the life limit of the TT straps, P/N
900R3442009-103 and 900R6442009-103, from 3,034 hours TIS to 2,500
hours TIS. Additionally, this AD revises the Airworthiness
Limitations section of the maintenance manual by adding repetitive
inspection requirements at intervals not to exceed 300 hours TIS for
TT straps, P/N 900R3442009-103, 900R6442009-103, 900R3442009-101,
and 500N5311-5, that have 1,200 or more hours TIS until the TT strap
reaches its retirement life.
(f) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Los Angeles Aircraft Certification, Transport Airplane
Directorate, FAA, for information about previously approved
alternative methods of compliance.
[[Page 27215]]
Issued in Fort Worth, Texas, on May 1, 2006.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E6-7092 Filed 5-9-06; 8:45 am]
BILLING CODE 4910-13-P