Airworthiness Directives; MD Helicopters, Inc. Model 369A, 369D, 369E, 369F, 369FF, 369H, 369HE, 369HS, 369HM, 500N, and OH-6A Helicopters, 32788-32791 [E7-11393]

Download as PDF 32788 Federal Register / Vol. 72, No. 114 / Thursday, June 14, 2007 / Rules and Regulations • $6 for hydraulic fluid each time it is changed. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $92,296, assuming two fluid replacements per year for 50 percent of the helicopter fleet. Regulatory Findings We have determined that 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 the 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 an economic evaluation of the estimated costs to comply with this AD. See the DMS to examine the economic evaluation. pwalker on PROD1PC71 with RULES 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, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration I VerDate Aug<31>2005 17:11 Jun 13, 2007 Jkt 211001 amends 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: I Authority: 49 U.S.C. 106(g), 40113, 44701. www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. (e) This amendment becomes effective on July 19, 2007. Note: The subject of this AD is addressed in Direction Generale de l’Aviation Civile (France) AD Nos. F–2004–055 and F–2004– 056, both dated April 28, 2004. 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: 2007–12–22 Eurocopter France: Amendment 39–15100. Docket No. FAA–2005–20863; Directorate Identifier 2004–SW–36–AD. Issued in Fort Worth, Texas, on May 25, 2007. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7–11410 Filed 6–13–07; 8:45 am] BILLING CODE 4910–13–P § 39.13 [Amended] I Applicability Model AS350B, BA, B1, B2, B3, D and AS355E helicopters, certificated in any category. Compliance Required as indicated. To prevent ice from forming in the hydraulic system resulting in an unintended movement of the flight controls and subsequent loss of control of the helicopter, do the following: (a) If the outside air temperature in an FAA weather briefing is forecast to be below negative 15 degrees Celsius (5 degrees Fahrenheit) at or below your planned flight altitude and the hydraulic fluid has not been replaced within the past 100 hours time-inservice or within the past 30 days, whichever occurred first, before further flight, replace the hydraulic fluid. Replace the hydraulic fluid by following the Accomplishment Instructions, paragraphs 2.A. and 2.B., of Eurocopter Alert Service Bulletin Nos. 05.00.43 or 05.00.45, both dated April 8, 2004, as applicable. (b) 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 Safety Management Group, Rotorcraft Directorate, FAA, ATTN: Ed Cuevas, Aviation Safety Engineer, Fort Worth, Texas 76193–0111, telephone (817) 222–5355, fax (817) 222–5961, for information about previously approved alternative methods of compliance. (c) Special flight permits will not be issued. (d) Replacing the hydraulic fluid must be done by following Eurocopter Alert Service Bulletin Nos. 05.00.43 or 05.00.45, both dated April 8, 2004, as applicable. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053–4005, telephone (972) 641–3460, fax (972) 641–3527. You may review copies at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 63, Fort Worth, Texas, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2003–SW–37–AD; Amendment 39–15101; AD 2007–12–23] RIN 2120–AA64 Airworthiness Directives; MD Helicopters, Inc. Model 369A, 369D, 369E, 369F, 369FF, 369H, 369HE, 369HS, 369HM, 500N, and OH–6A Helicopters Federal Aviation Administration, DOT. ACTION: Final rule. AGENCY: SUMMARY: This amendment adopts a new airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) Model 369A, 369D, 369E, 369F, 369FF, 369H, 369HE, 369HS, 369HM, 500N, and OH– 6A helicopters that requires inspecting each landing gear fairing support assembly (support assembly), replacing or reworking certain forward and aft landing gear assemblies, and creating an access hole to facilitate inspections and a recurring inspection. A terminating action for the requirements of this AD is also provided. This amendment is prompted by five reports of landing gear strut (strut) failures. The actions specified by this AD are intended to detect a crack that could result in the failure of a strut and subsequent loss of control of the helicopter during landing. DATES: Effective July 19, 2007. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of July 19, 2007. The service information referenced in this AD may be obtained from MD Helicopters Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, ADDRESSES: E:\FR\FM\14JNR1.SGM 14JNR1 pwalker on PROD1PC71 with RULES Federal Register / Vol. 72, No. 114 / Thursday, June 14, 2007 / Rules and Regulations Arizona 85215–9734, telephone 1–800– 388–3378, fax 480–346–6813, or on the Web at http://www.mdhelicopters.com. This information may be examined at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas. FOR FURTHER INFORMATION CONTACT: John Cecil, Aviation Safety Engineer, FAA, Los Angeles Aircraft Certification Office, Airframe Branch, 3960 Paramount Blvd., Lakewood, California 90712–4137, telephone (562) 627–5228, fax (562) 627–5210. SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to add an AD for the specified MDHI model helicopters was published as a Notice of Proposed Rulemaking (NPRM) in the Federal Register on August 4, 2004 (69 FR 47040). That NPRM would have required removing all landing gear fairings; determining the number and location of rivets that attach the landing gear fairing support assembly to the landing gear strut; and if three rivets (forward, aft and inboard) are present, replacing or reworking the landing gear assembly. If only the forward and aft rivets are present, no rework would be required by the proposed AD. That NPRM was prompted by five reports of strut failures. Operators of the helicopters with failed struts do not fall into any clear category of service. For example, one was a tour operator in Niagara Falls, New York, and another was a police department operator in Calgary, Canada. In its original design, the fairing support was attached to the strut with three rivets (forward, aft, and outboard). In 1994, the manufacturer released a design change to attach the fairing support assembly with only forward and aft rivets because of the possibility of reduced service life of the strut if the third rivet was located on the inboard side of the strut. Some landing gear struts entered service with an additional rivet hole drilled on the inboard side of the strut. This additional rivet hole results in decreased fatigue strength of the strut and subsequent cracking. That condition, if not corrected, could result in cracking of the forward and aft struts, failure of a strut, and subsequent loss of control of the helicopter during landing. After issuing that NPRM, we received several comments from 2 commenters and we agreed that we should make some changes to the NPRM. Because some of those changes expanded the scope of the NPRM, we determined that it was necessary to reopen the comment period to provide additional opportunity for public comment. Therefore, a Supplemental NPRM VerDate Aug<31>2005 17:11 Jun 13, 2007 Jkt 211001 (SNPRM) was published in the Federal Register on January 8, 2007 (72 FR 666). The SNPRM revised the NPRM by proposing to mandate both the creation of an access hole to facilitate inspections and a recurring inspection. The SNPRM also proposed excluding from the applicability certain helicopters modified with a certain Supplemental Type Certificate (STC) and provided a terminating action for the proposed requirements. The SNPRM also included clarifying changes. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the SNPRM or the FAA’s determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed except we have expanded the contact address in paragraph (d) in the body of the AD to provide more information to the public and have made minor editorial changes. These changes will neither increase the economic burden on any operator nor increase the scope of this AD. The FAA has reviewed MD Helicopters Service Bulletin SB369H– 244, SB369E–094, SB500N–022, SB369D–200, and SB369F–078, dated April 7, 2000, which describes procedures for determining the number and location of rivets attaching the landing gear fairing support assembly to the landing gear strut. Where three rivets are present, instructions are provided to rework the landing gear assembly and replace any cracked strut assembly. The FAA estimates that this AD will affect 651 helicopters of U.S. registry. Determining the number of rivets and initially inspecting each affected ‘‘3hole’’ strut and fairing will take approximately 2 work hours, installing a new strut will take approximately 1.5 work hours, and reworking a strut will take 1 work hour. Each repetitive inspection will take 1/4 work hour per strut (1 hour per helicopter for each of 4 struts). The average labor rate is $80 per work hour. Required parts (new struts) will cost approximately $2,838 for each forward strut, $2,574 for each aft strut, and $97 for a modification kit to install an inspection hole. Assuming that each helicopter has an initial inspection, that all 651 helicopters are modified, that 325 helicopters have two struts reworked, that 5 helicopters require 2 new forward struts, and that 2 repetitive inspections are required per year, the total estimated cost of the AD on U.S. operators is about $353,047 ($248,887 for the initial inspections, PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 32789 modification, and parts, and $104,160 for the repetitive inspections). Regulatory Findings The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this action (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); 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. 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, Incorporation by reference, Safety. Adoption of the Amendment 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: I E:\FR\FM\14JNR1.SGM 14JNR1 32790 Federal Register / Vol. 72, No. 114 / Thursday, June 14, 2007 / Rules and Regulations § 39.13 PART 39—AIRWORTHINESS DIRECTIVES [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: I 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. 2007–12–23 MD Helicopters, Inc.: Amendment 39–15101. Docket No. 2003–SW–37–AD. Applicability Model 369A, 369D, 369E, 369F, 369FF, 369H, 369HE, 369HS, 369HM, 500N, and OH–6A helicopters, with any of the components listed in the Applicability Table installed, excluding any helicopter with Aerometals strut (part number (P/N) 369XH6001–41, –42, –51, or –52) installed in accordance with Supplemental Type Certificate (STC) No. SR00981LA, certificated in any category: APPLICABILITY TABLE Component name Component part No. (P/N) Mid Aft Fairing Assembly .................................... Aft Support Assembly ......................................... 369H6200–61, –62, standard gear. 369H6200–23, –24 (–23 to be reinstalled on the right-hand side and –24 to be reinstalled on the left-hand side, all configurations). 369H92113–91, –92, extended gear. 369H92113–131, –132, extended gear. 369A6200–45, –46, standard gear. 369H92113–111, –112, extended gear. 369H6200–41, –42, standard gear. 369H92113–81, –82, extended gear. 369H6200–23, –24 (–23 becomes right-hand side and –24 becomes left-hand side). 369H92113–121, –122, extended gear. 369A6200–57, –58, standard gear. 369H92113–101, –102, extended gear. Aft Fairing Assembly ........................................... Aft Filler Assembly .............................................. Aft Fillet Assembly .............................................. Aft Fillet Assembly .............................................. Mid Fwd Fairing Assembly ................................. Fwd Fairing Assembly ........................................ Fwd Support Assembly ....................................... Fwd Filler Assembly ........................................... Fwd Fillet Assembly ............................................ Fwd Fillet Assembly ............................................ pwalker on PROD1PC71 with RULES Compliance Required as indicated. To detect a crack that could result in the failure of a strut and subsequent loss of control of the helicopter during landing, accomplish the following: (a) Within 4 months, unless accomplished previously, remove all landing gear fairings (fairings) and inspect each landing gear fairing support assembly (support assembly) to determine the number and location of the rivets attaching the support assembly to the landing gear strut assembly (strut assembly). (1) If three rivets (forward, aft and inboard) are used to attach the support assembly to the strut assembly, (i) For each FORWARD landing gear assembly, remove the landing gear fillet assembly (fillet assembly), the three rivets, and the support assembly, and clean and dye-penetrant inspect the area in and around the 0.125 (3.18mm) diameter hole in the inboard surface of the strut assembly. (A) If the strut assembly is cracked, replace the cracked strut assembly with an airworthy strut assembly and install the other landing gear components in accordance with steps (6) through (11) of paragraph C of the Accomplishment Instructions of MD Helicopters Service Bulletin SB369H–244, SB369E–094, SB500N–022, SB369D–200, and SB369F–078, dated April 7, 2000 (SB). (B) If the strut assembly is not cracked, rework the landing gear assembly and install the other landing gear components in accordance with steps (5) through (11) of paragraph C of the Accomplishment Instructions of the SB. (ii) For each AFT landing gear assembly, remove the fillet assembly, the three rivets, and the support assembly, and clean and dye-penetrant inspect the area in and around VerDate Aug<31>2005 17:11 Jun 13, 2007 Jkt 211001 the 0.125 (3.18mm) diameter hole in the inboard surface of the strut assembly. (A) If the strut assembly is cracked, replace the cracked strut assembly with an airworthy strut assembly and install the other landing gear components in accordance with steps (6) through (13) of paragraph B of the Accomplishment Instructions of the SB. (B) If the strut assembly is not cracked, rework the landing gear assembly and install the other landing gear components in accordance with steps (5) through (13) of Paragraph B of the Accomplishment Instructions of the SB. (2) If only two rivets (forward and aft) are used to attach the support assembly to the strut assembly and a third rivet hole has not been drilled in the strut, neither the inspection of the strut assembly nor the rework of those landing gear assemblies is required by this AD. (b) At intervals not to exceed 100 hours TIS or during each annual inspection, whichever occurs first, for any strut assembly that has a third rivet hole, remove the fairing inspection button plug and clean and inspect the area in and around the rivet hole for cracks using a bright light and a 10x or higher magnifying glass. (1) If any FORWARD strut assembly is cracked, replace the cracked strut with an airworthy strut assembly. (2) If any AFT strut assembly is cracked, replace the cracked strut with an airworthy strut assembly. (c) Installing a strut assembly that has only 2 rivet holes is terminating action for the requirements of this AD. Note 1: For the Model 369D, 369E, 369F, 369FF, and 500N helicopters, the Handbook of Maintenance Instruction, Servicing and Maintenance, HMI, CSP–HMI–2, Chapter 32, PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Section 32–10–00, ‘‘Landing Gear Strut Inspection’’ pertains to the subject of this AD. Note 2: For the Model 369A (OH–6A), 369H, 369HE, 369HS, and 369HM helicopters, the Basic Handbook of Maintenance Instructions CSP–H–2, Section 6, ‘‘Landing Gear’’ pertains to the subject of this AD. (d) 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 Manager, Los Angeles Aircraft Certification Office, FAA, ATTN: John Cecil, Aviation Safety Engineer, FAA, Los Angeles Aircraft Certification Office, Airframe Branch, 3960 Paramount Blvd., Lakewood, California 90712–4137, telephone (562) 627–5228, fax (562) 627–5210 for information about previously approved alternative methods of compliance. (e) The replacements and installations shall be done in accordance with the specified portions of MD Helicopters Service Bulletin SB369H–244, SB369E–094, SB500N–022, SB369D–200, and SB369F–078, dated April 7, 2000. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained 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 http://www.mdhelicopters.com. Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/ E:\FR\FM\14JNR1.SGM 14JNR1 Federal Register / Vol. 72, No. 114 / Thursday, June 14, 2007 / Rules and Regulations code_of_federal_regulations/ ibr_locations.html. (f) This amendment becomes effective on July 19, 2007. Issued in Fort Worth, Texas, on June 5, 2007. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7–11393 Filed 6–13–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30554; Amdt. No. 3222] Standard Instrument Approach Procedures; Miscellaneous Amendments Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. This rule is effective June 14, 2007. The compliance date for each SIAP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of June 14, 2007. DATES: Availability of matter incorporated by reference in the amendment is as follows: For Examination— 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Ave., SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which affected airport is located; or 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For pwalker on PROD1PC71 with RULES ADDRESSES: VerDate Aug<31>2005 17:11 Jun 13, 2007 Jkt 211001 information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. For Purchase—Individual SIAP copies may be obtained from: 1. FAA Public Inquiry Center (APA– 200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. By Subscription—Copies of all SIAPs, mailed once every 2 weeks, are for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AFS–420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone: (405) 954–4164. SUPPLEMENTARY INFORMATION: This amendment to Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) amends Standard Instrument Approach Procedures (SIAPs). The complete regulatory description of each SIAP is contained in the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P–NOTAM), which is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of the Code of Federal Regulations. Materials incorporated by reference are available for examination or purchase as stated above. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. The provisions of this amendment state the affected CFR sections, with the types and effective dates of the SIAPs. This amendment also identifies the airport, its location, the procedure identification and the amendment number. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 32791 The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP as modified by FDC/P–NOTAMs. The SIAPs, as modified by FDC P– NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these chart changes to SIAPs, the TERPS criteria were applied to only these specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days. Further, the SIAPs contained in this amendment are based on the criteria contained in TERPS. Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(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); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). E:\FR\FM\14JNR1.SGM 14JNR1

Agencies

[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Rules and Regulations]
[Pages 32788-32791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11393]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-37-AD; Amendment 39-15101; AD 2007-12-23]
RIN 2120-AA64


Airworthiness Directives; MD Helicopters, Inc. Model 369A, 369D, 
369E, 369F, 369FF, 369H, 369HE, 369HS, 369HM, 500N, and OH-6A 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
MD Helicopters, Inc. (MDHI) Model 369A, 369D, 369E, 369F, 369FF, 369H, 
369HE, 369HS, 369HM, 500N, and OH-6A helicopters that requires 
inspecting each landing gear fairing support assembly (support 
assembly), replacing or reworking certain forward and aft landing gear 
assemblies, and creating an access hole to facilitate inspections and a 
recurring inspection. A terminating action for the requirements of this 
AD is also provided. This amendment is prompted by five reports of 
landing gear strut (strut) failures. The actions specified by this AD 
are intended to detect a crack that could result in the failure of a 
strut and subsequent loss of control of the helicopter during landing.

DATES: Effective July 19, 2007.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 19, 2007.

ADDRESSES: The service information referenced in this AD may be 
obtained from MD Helicopters Inc., Attn: Customer Support Division, 
4555 E. McDowell Rd., Mail Stop M615, Mesa,

[[Page 32789]]

Arizona 85215-9734, telephone 1-800-388-3378, fax 480-346-6813, or on 
the Web at http://www.mdhelicopters.com. This information may be 
examined at the FAA, Office of the Regional Counsel, Southwest Region, 
2601 Meacham Blvd., Room 663, Fort Worth, Texas.

FOR FURTHER INFORMATION CONTACT: John Cecil, Aviation Safety Engineer, 
FAA, Los Angeles Aircraft Certification Office, Airframe Branch, 3960 
Paramount Blvd., Lakewood, California 90712-4137, telephone (562) 627-
5228, fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to add an 
AD for the specified MDHI model helicopters was published as a Notice 
of Proposed Rulemaking (NPRM) in the Federal Register on August 4, 2004 
(69 FR 47040). That NPRM would have required removing all landing gear 
fairings; determining the number and location of rivets that attach the 
landing gear fairing support assembly to the landing gear strut; and if 
three rivets (forward, aft and inboard) are present, replacing or 
reworking the landing gear assembly. If only the forward and aft rivets 
are present, no rework would be required by the proposed AD. That NPRM 
was prompted by five reports of strut failures. Operators of the 
helicopters with failed struts do not fall into any clear category of 
service. For example, one was a tour operator in Niagara Falls, New 
York, and another was a police department operator in Calgary, Canada. 
In its original design, the fairing support was attached to the strut 
with three rivets (forward, aft, and outboard). In 1994, the 
manufacturer released a design change to attach the fairing support 
assembly with only forward and aft rivets because of the possibility of 
reduced service life of the strut if the third rivet was located on the 
inboard side of the strut. Some landing gear struts entered service 
with an additional rivet hole drilled on the inboard side of the strut. 
This additional rivet hole results in decreased fatigue strength of the 
strut and subsequent cracking. That condition, if not corrected, could 
result in cracking of the forward and aft struts, failure of a strut, 
and subsequent loss of control of the helicopter during landing.
    After issuing that NPRM, we received several comments from 2 
commenters and we agreed that we should make some changes to the NPRM. 
Because some of those changes expanded the scope of the NPRM, we 
determined that it was necessary to reopen the comment period to 
provide additional opportunity for public comment. Therefore, a 
Supplemental NPRM (SNPRM) was published in the Federal Register on 
January 8, 2007 (72 FR 666). The SNPRM revised the NPRM by proposing to 
mandate both the creation of an access hole to facilitate inspections 
and a recurring inspection. The SNPRM also proposed excluding from the 
applicability certain helicopters modified with a certain Supplemental 
Type Certificate (STC) and provided a terminating action for the 
proposed requirements. The SNPRM also included clarifying changes.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the SNPRM 
or the FAA's determination of the cost to the public. The FAA has 
determined that air safety and the public interest require the adoption 
of the rule as proposed except we have expanded the contact address in 
paragraph (d) in the body of the AD to provide more information to the 
public and have made minor editorial changes. These changes will 
neither increase the economic burden on any operator nor increase the 
scope of this AD.
    The FAA has reviewed MD Helicopters Service Bulletin SB369H-244, 
SB369E-094, SB500N-022, SB369D-200, and SB369F-078, dated April 7, 
2000, which describes procedures for determining the number and 
location of rivets attaching the landing gear fairing support assembly 
to the landing gear strut. Where three rivets are present, instructions 
are provided to rework the landing gear assembly and replace any 
cracked strut assembly.
    The FAA estimates that this AD will affect 651 helicopters of U.S. 
registry. Determining the number of rivets and initially inspecting 
each affected ``3-hole'' strut and fairing will take approximately 2 
work hours, installing a new strut will take approximately 1.5 work 
hours, and reworking a strut will take 1 work hour. Each repetitive 
inspection will take 1/4 work hour per strut (1 hour per helicopter for 
each of 4 struts). The average labor rate is $80 per work hour. 
Required parts (new struts) will cost approximately $2,838 for each 
forward strut, $2,574 for each aft strut, and $97 for a modification 
kit to install an inspection hole. Assuming that each helicopter has an 
initial inspection, that all 651 helicopters are modified, that 325 
helicopters have two struts reworked, that 5 helicopters require 2 new 
forward struts, and that 2 repetitive inspections are required per 
year, the total estimated cost of the AD on U.S. operators is about 
$353,047 ($248,887 for the initial inspections, modification, and 
parts, and $104,160 for the repetitive inspections).

Regulatory Findings

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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); 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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:

[[Page 32790]]

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2007-12-23 MD Helicopters, Inc.: Amendment 39-15101. Docket No. 
2003-SW-37-AD.

Applicability

    Model 369A, 369D, 369E, 369F, 369FF, 369H, 369HE, 369HS, 369HM, 
500N, and OH-6A helicopters, with any of the components listed in 
the Applicability Table installed, excluding any helicopter with 
Aerometals strut (part number (P/N) 369XH6001-41, -42, -51, or -52) 
installed in accordance with Supplemental Type Certificate (STC) No. 
SR00981LA, certificated in any category:

                           Applicability Table
------------------------------------------------------------------------
        Component name                 Component part No.  (P/N)
------------------------------------------------------------------------
Mid Aft Fairing Assembly.....  369H6200-61, -62, standard gear.
Aft Support Assembly.........  369H6200-23, -24 (-23 to be reinstalled
                                on the right-hand side and -24 to be
                                reinstalled on the left-hand side, all
                                configurations).
Aft Fairing Assembly.........  369H92113-91, -92, extended gear.
Aft Filler Assembly..........  369H92113-131, -132, extended gear.
Aft Fillet Assembly..........  369A6200-45, -46, standard gear.
Aft Fillet Assembly..........  369H92113-111, -112, extended gear.
Mid Fwd Fairing Assembly.....  369H6200-41, -42, standard gear.
Fwd Fairing Assembly.........  369H92113-81, -82, extended gear.
Fwd Support Assembly.........  369H6200-23, -24 (-23 becomes right-hand
                                side and -24 becomes left-hand side).
Fwd Filler Assembly..........  369H92113-121, -122, extended gear.
Fwd Fillet Assembly..........  369A6200-57, -58, standard gear.
Fwd Fillet Assembly..........  369H92113-101, -102, extended gear.
------------------------------------------------------------------------

Compliance

    Required as indicated.
    To detect a crack that could result in the failure of a strut 
and subsequent loss of control of the helicopter during landing, 
accomplish the following:
    (a) Within 4 months, unless accomplished previously, remove all 
landing gear fairings (fairings) and inspect each landing gear 
fairing support assembly (support assembly) to determine the number 
and location of the rivets attaching the support assembly to the 
landing gear strut assembly (strut assembly).
    (1) If three rivets (forward, aft and inboard) are used to 
attach the support assembly to the strut assembly,
    (i) For each FORWARD landing gear assembly, remove the landing 
gear fillet assembly (fillet assembly), the three rivets, and the 
support assembly, and clean and dye-penetrant inspect the area in 
and around the 0.125 (3.18mm) diameter hole in the inboard surface 
of the strut assembly.
    (A) If the strut assembly is cracked, replace the cracked strut 
assembly with an airworthy strut assembly and install the other 
landing gear components in accordance with steps (6) through (11) of 
paragraph C of the Accomplishment Instructions of MD Helicopters 
Service Bulletin SB369H-244, SB369E-094, SB500N-022, SB369D-200, and 
SB369F-078, dated April 7, 2000 (SB).
    (B) If the strut assembly is not cracked, rework the landing 
gear assembly and install the other landing gear components in 
accordance with steps (5) through (11) of paragraph C of the 
Accomplishment Instructions of the SB.
    (ii) For each AFT landing gear assembly, remove the fillet 
assembly, the three rivets, and the support assembly, and clean and 
dye-penetrant inspect the area in and around the 0.125 (3.18mm) 
diameter hole in the inboard surface of the strut assembly.
    (A) If the strut assembly is cracked, replace the cracked strut 
assembly with an airworthy strut assembly and install the other 
landing gear components in accordance with steps (6) through (13) of 
paragraph B of the Accomplishment Instructions of the SB.
    (B) If the strut assembly is not cracked, rework the landing 
gear assembly and install the other landing gear components in 
accordance with steps (5) through (13) of Paragraph B of the 
Accomplishment Instructions of the SB.
    (2) If only two rivets (forward and aft) are used to attach the 
support assembly to the strut assembly and a third rivet hole has 
not been drilled in the strut, neither the inspection of the strut 
assembly nor the rework of those landing gear assemblies is required 
by this AD.
    (b) At intervals not to exceed 100 hours TIS or during each 
annual inspection, whichever occurs first, for any strut assembly 
that has a third rivet hole, remove the fairing inspection button 
plug and clean and inspect the area in and around the rivet hole for 
cracks using a bright light and a 10x or higher magnifying glass.
    (1) If any FORWARD strut assembly is cracked, replace the 
cracked strut with an airworthy strut assembly.
    (2) If any AFT strut assembly is cracked, replace the cracked 
strut with an airworthy strut assembly.
    (c) Installing a strut assembly that has only 2 rivet holes is 
terminating action for the requirements of this AD.

    Note 1: For the Model 369D, 369E, 369F, 369FF, and 500N 
helicopters, the Handbook of Maintenance Instruction, Servicing and 
Maintenance, HMI, CSP-HMI-2, Chapter 32, Section 32-10-00, ``Landing 
Gear Strut Inspection'' pertains to the subject of this AD.


    Note 2: For the Model 369A (OH-6A), 369H, 369HE, 369HS, and 
369HM helicopters, the Basic Handbook of Maintenance Instructions 
CSP-H-2, Section 6, ``Landing Gear'' pertains to the subject of this 
AD.

    (d) 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 Manager, Los Angeles Aircraft Certification Office, FAA, 
ATTN: John Cecil, Aviation Safety Engineer, FAA, Los Angeles 
Aircraft Certification Office, Airframe Branch, 3960 Paramount 
Blvd., Lakewood, California 90712-4137, telephone (562) 627-5228, 
fax (562) 627-5210 for information about previously approved 
alternative methods of compliance.
    (e) The replacements and installations shall be done in 
accordance with the specified portions of MD Helicopters Service 
Bulletin SB369H-244, SB369E-094, SB500N-022, SB369D-200, and SB369F-
078, dated April 7, 2000. The Director of the Federal Register 
approved this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained 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 http://www.mdhelicopters.com. Copies 
may be inspected at the FAA, Office of the Regional Counsel, 
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/

[[Page 32791]]

code--of--federal--regulations/ibr--locations.html.
    (f) This amendment becomes effective on July 19, 2007.

    Issued in Fort Worth, Texas, on June 5, 2007.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E7-11393 Filed 6-13-07; 8:45 am]
BILLING CODE 4910-13-P