Airworthiness Directives; MD Helicopters, LLC, Helicopters, 68837-68840 [2024-17318]

Download as PDF Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Proposed Rules Qj = (Tj)(Pj) Where: Qj = Probability of being in failure condition j Tj = Average time spent in failure condition j (in hours) Pj = Probability of occurrence of failure mode j (per hour) khammond on DSKJM1Z7X2PROD with PROPOSALS Note: If Pj is greater than 10¥3 per flight hour, then a 1.5 factor of safety must be applied to all limit load conditions specified in subpart C. (iii) For residual strength substantiation, the rotorcraft must be able to withstand two thirds of the ultimate loads defined in paragraph (c)(2)(ii) of these special conditions. (iv) If the loads induced by the failure condition have a significant effect on fatigue or damage tolerance, then their effects must be taken into account. (v) Freedom from flutter and divergence must also be shown up to 1.11 VNE (power on and power off), including any probable system failure condition combined with any damage required or selected for investigation by either § 27.571(e) or § 27.573(d). (3) Consideration of certain failure conditions may be required by other sections of 14 CFR part 27 regardless of calculated system reliability. Where analysis shows the probability of these failure conditions to be extremely improbable, criteria other than those specified in this paragraph may be used for structural substantiation to show continued safe flight and landing. (d) Failure indications. For system failure detection and indication, the following apply: (1) The system must be checked for failure conditions, not shown to be extremely improbable, that degrade the structural capability below the level required by part 27 or that significantly reduce the reliability of the remaining operational portion of the system. As far as reasonably practicable, the flight crew must be made aware of these failures before flight. Certain elements of the control system, such as mechanical and hydraulic components, may use special periodic inspections, and electronic components may use daily checks, in lieu of detection and indication systems to achieve the objective of this requirement. These other means of detecting failures before flight are considered certification maintenance requirements and must be limited to components that are not readily detectable by normal detection and indication systems, and where service history shows that inspections will provide an adequate level of safety. (2) The existence of any failure condition, not shown to be extremely VerDate Sep<11>2014 17:52 Aug 27, 2024 Jkt 262001 improbable, during flight that could significantly affect the structural capability of the rotorcraft and for which the associated reduction in airworthiness can be minimized by suitable flight limitations, must be signaled to the flight crew. For example, failure conditions that result in a factor of safety between the rotorcraft strength and the loads of subpart C below 1.25, or flutter and divergence margins below 1.11 VNE (power on and power off), must be signaled to the crew during flight. (e) Dispatch with known failure conditions. If the rotorcraft is to be dispatched in a known system failure condition that affects structural performance, or that affects the reliability of the remaining operational portion of the system to maintain structural performance, then the provisions of these special conditions must be met, including the provisions of paragraph (b) for the dispatched condition and paragraph (c) for subsequent failures. Expected operational limitations may be taken into account in establishing Pj as the probability of failure occurrence for determining the safety margin in Figure 1. Flight limitations and expected operational limitations may be taken into account in establishing Qj as the combined probability of being in the dispatched failure condition and the subsequent failure condition for the safety margins in Figure 2. These limitations must be such that the probability of being in this combined failure state and then subsequently encountering limit load conditions is extremely improbable. No reduction in these safety margins is allowed if the subsequent system failure rate is greater than 10¥3 per flight hour. Issued in Kansas City, Missouri, on August 22, 2024. Patrick R. Mullen, Manager, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service. [FR Doc. 2024–19329 Filed 8–27–24; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 68837 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–2009; Project Identifier AD–2023–01286–R] RIN 2120–AA64 Airworthiness Directives; MD Helicopters, LLC, Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for certain MD Helicopters, LLC, Model 369 (Army YOH–6A), 369A (Army OH–6A), 369D, 369E, 369F, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 600N helicopters. This proposed AD was prompted by multiple reports of cracked tail rotor (T/R) pedal support brackets. This proposed AD would require repetitively inspecting certain partnumbered T/R pedal support brackets and depending on the results, replacing the T/R pedal support bracket or refinishing any exposed areas. This proposed AD would also prohibit installing certain part-numbered T/R pedal support brackets. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by October 15, 2024. SUMMARY: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–2009; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: ADDRESSES: E:\FR\FM\28AUP1.SGM 28AUP1 68838 Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Proposed Rules • For MD Helicopters material identified in this AD, contact MD Helicopters, LLC, 4555 East McDowell Road, Mesa, AZ 85215–9734; phone: (480) 346–6300; email: info@ mdhelicopters.com; website: mdhelicopters.com/contact/. • You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. FOR FURTHER INFORMATION CONTACT: Eduardo Orozco-Duran, Aviation Safety Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone: (562) 627–5264; email: Eduardo.Orozco-Duran@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2024–2009; Project Identifier AD–2023–01286–R’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. khammond on DSKJM1Z7X2PROD with PROPOSALS Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential VerDate Sep<11>2014 17:52 Aug 27, 2024 Jkt 262001 under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Eduardo OrozcoDuran, Aviation Safety Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone: (562) 627–5264; email: Eduardo.Orozco-Duran@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA received a report of a forced emergency landing involving an MD Helicopters, LLC, Model 369D helicopter in Canada in 2022 that was caused by a cracked magnesium cast T/ R pedal support bracket having part number (P/N) 369A7505–8. There have been 16 other reports of cracked magnesium cast T/R pedal support brackets having P/Ns 369A7505–7, 369A7505–8, 369A7505– 14, or 369A7505–15 discovered during maintenance in the last 30 years. Material deficiencies associated with magnesium cast parts, as well as fatigue damage and successive in-flight loading have been determined to cause the parts to fail. Additionally, magnesium cast parts are susceptible to corrosion where insufficient protective coatings have shown to wear and deteriorate. All reported failures of this part have been the magnesium cast 369A7505 configuration. The aluminum cast T/R pedal support bracket P/N 369N2640 have no reported failures but are still subject to the inspection requirements of this AD. The natural corrosion advantages of aluminum, as well as the coating requirements of its anodization offer greater mitigation of the risks of corrosion in comparison to the magnesium cast part. Although superior to the magnesium cast part, the alternate aluminum cast part could still be prone to these material deficiencies of cast parts. This proposed AD would require repetitively inspecting magnesium cast T/R pedal support brackets having P/N 369A7505–7, 369A7505–8, 369A7505– 14, or 369A7505–15, and aluminum cast T/R pedal support brackets having P/N 369N2640–1 or 369N2640–2. These T/R pedal support brackets may be installed on MD Helicopters, LLC, Model 369 (Army YOH–6A), 369A (Army OH–6A), 369D, 369E, 369F, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 600N helicopters. This proposed AD would also prohibit installing magnesium cast T/R pedal support bracket P/N 369A7505–7, 369A7505–8, 369A7505– 14, or 369A7505–15 on any helicopter. This condition, if not addressed, could PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 result in failure of the T/R pedal support bracket, reduced controllability of the helicopter, and subsequent loss of control of the helicopter. FAA’s Determination The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of these same type designs. Material Incorporated by Reference Under 1 CFR Part 51 The FAA reviewed MD Helicopters Service Bulletin SB369D–231R2 for Model 369D helicopters, SB369E–131R2 for Model 369E helicopters, SB369F– 122R2 for Model 369F and 369FF helicopters, SB369H–265R2 for Model 369H, 369HE, 369HM, and 369HS helicopters, SB500N–068R2 for Model 500N helicopters, and SB600N–082R2 for Model 600N helicopters, each dated November 1, 2023 (co-published as one document). For magnesium cast T/R pedal support brackets P/N 369A7505– 7, 369A7505–8, 369A7505–14, and 369A7505–15, this material specifies procedures for visually inspecting each T/R pedal support bracket for a crack and corrosion and depending on the results, replacing the bracket with an aluminum cast T/R pedal support bracket having P/N 369N2640–1 or 369N2640–2, or refinishing any exposed areas. For magnesium cast T/R pedal support brackets P/N 369A7505–7, 369A7505–8, 369A7505–14, and 369A7505–15, this material also specifies procedures for fluorescent penetrant inspecting, eddy current inspecting, or dye penetrant inspecting each T/R pedal support bracket for a crack and depending on the results, replacing the bracket with an aluminum cast T/R pedal support bracket having P/N 369N2640–1 or 369N2640–2, or refinishing any exposed areas. For the purposes of this proposed AD, MD Helicopters, LLC, Model 369 (Army YOH–6A) and 369A (Army OH–6A) helicopters would use MD Helicopters Service Bulletin SB369D–231R2, dated November 1, 2023, to accomplish certain actions required by this proposed AD. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Proposed AD Requirements in This NPRM This proposed AD would require accomplishing the actions specified in the material already described except as discussed under ‘‘Differences Between E:\FR\FM\28AUP1.SGM 28AUP1 Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Proposed Rules this Proposed AD and the Referenced Material.’’ Differences Between This Proposed AD and the Referenced Material The related material applies to magnesium cast T/R pedal support brackets having P/N 369A7505–7, 369A7505–8, 369A7505–14, or 369A7505–15, whereas this proposed AD would apply to those part-numbered magnesium cast T/R pedal support brackets and aluminum cast T/R pedal support brackets having P/N 369N2640– 1 or 369N2640–2. This proposed AD would prohibit installing magnesium cast T/R pedal support brackets having P/N 369A7505–7, 369A7505–8, 369A7505–14, or 369A7505–15, whereas the related material does not. khammond on DSKJM1Z7X2PROD with PROPOSALS Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 353 helicopters of U.S. registry. Labor rates are estimated at $85 per work-hour. Based on these numbers, the FAA estimates the following costs to comply with this proposed AD. Visually inspecting the T/R pedal support brackets (up to two T/R pedal support brackets per helicopter) would take approximately 0.5 work-hour for an estimated cost of up to $43 per helicopter and $15,179 for the U.S. fleet per inspection cycle. Non-destructive inspection of the T/R pedal support brackets would take approximately 2 work-hours for an estimated cost of up to $170 per helicopter and $60,010 for the U.S. fleet per inspection cycle. If required, replacing a T/R pedal support bracket would take approximately 8 work-hours and parts would cost approximately $2,075 for an estimated cost of $2,755 per T/R pedal support bracket. Refinishing any exposed areas could vary significantly from helicopter to helicopter. The FAA has no data to determine the costs to accomplish this action or the number of helicopters that may require this action. 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. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing VerDate Sep<11>2014 17:52 Aug 27, 2024 Jkt 262001 68839 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. helicopters, certificated in any category, with a tail rotor (T/R) pedal support bracket part number (P/N) 369A7505–7, 369A7505–8, 369A7505–14, 369A7505–15, 369N2640–1, or 369N2640–2, installed. Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. 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 this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. (e) Unsafe Condition This AD was prompted by multiple reports of cracked T/R pedal support brackets. The FAA is issuing this AD to detect a cracked T/R pedal support bracket. The unsafe condition, if not addressed, could result in failure of the T/R pedal support bracket, reduced controllability of the helicopter, and subsequent loss of control of the helicopter. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ MD Helicopters, LLC: Docket No. FAA– 2024–2009; Project Identifier AD–2023– 01286–R. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by October 15, 2024. (b) Affected ADs None. (c) Applicability This AD applies to MD Helicopters, LLC, Model 369 (Army YOH–6A), 369A (Army OH–6A), 369D, 369E, 369F, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 600N PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 (d) Subject Joint Aircraft System Component (JASC) Code: 6720, tail rotor control system. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) Within 25 hours time-in-service (TIS) and thereafter at intervals not to exceed 100 hours TIS, using a 10X power magnification glass, mirror, and flashlight, visually inspect each T/R pedal support bracket for cracks and corrosion by following the Accomplishment Instructions, paragraph 2.A.(2)., of MD Helicopters Service Bulletin SB369D–231R2, SB369E–131R2, SB369F– 122R2, SB369H–265R2, SB500N–068R2, or SB600N–082R2, each dated November 1, 2023 (collectively referred to as ‘‘the service bulletins’’), as applicable to your helicopter model; you may use a borescope as specified in the note in paragraph 2.A.(2) of the service bulletins. For the purposes of this AD, for MD Helicopters, LLC, Model 369 (Army YOH–6A) and 369A (Army OH–6A) helicopters, use MD Helicopters Service Bulletin SB369D–231R2, dated November 1, 2023, to accomplish the actions required by this AD. (i) If there is a crack or any corrosion as a result of the inspections required by the introductory text of paragraph (g)(1) of this AD, before further flight, remove the T/R pedal support bracket from service and replace it with an airworthy T/R pedal support bracket P/N 369N2640–1 or 369N2640–2. (ii) If there is not a crack and there is no corrosion as a result of the inspections required by the introductory text of paragraph (g)(1) of this AD, before further flight, refinish any exposed areas. (2) Within 50 hours TIS and thereafter at intervals not to exceed 300 hours TIS, eddy current, dye penetrant, or fluorescent penetrant inspect each T/R pedal support bracket for a crack by following the Accomplishment Instructions, paragraph 2.B.(2)., of the service bulletins, as applicable to your helicopter model. The inspections required by this paragraph must be performed by a Level II or Level III inspector certified in the FAA-acceptable standards for nondestructive inspection personnel. Note 1 to the introductory text of paragraph (g)(2): Advisory Circular 65–31B contains examples of FAA-acceptable Level II and Level III qualification standards criteria E:\FR\FM\28AUP1.SGM 28AUP1 68840 Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Proposed Rules for inspection personnel doing nondestructive test inspections. (i) If there is a crack as a result of the actions required by the introductory text of paragraph (g)(2) of this AD, before further flight, remove the T/R pedal support bracket from service and replace it with an airworthy T/R pedal support bracket P/N 369N2640–1 or 369N2640–2. (ii) If there is not a crack as a result of the actions required by the introductory text of paragraph (g)(2) of this AD, before further flight, refinish any exposed areas. (3) As of the effective date of this AD, do not install magnesium cast T/R pedal support bracket P/N 369A7505–7, 369A7505–8, 369A7505–14, or 369A7505–15 on any helicopter. (3) For MD Helicopters material identified in this AD, contact MD Helicopters, LLC, 4555 East McDowell Road, Mesa, AZ 85215– 9734; phone: (480) 346–6300; email: info@ mdhelicopters.com; website: mdhelicopters.com/contact/. (4) You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N– 321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, Western Certification Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the Western Certification Branch, send it to the attention of the person identified in paragraph (i) of this AD. Information may be emailed to AMOC@ faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. Issued on July 31, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. khammond on DSKJM1Z7X2PROD with PROPOSALS (i) Additional Information (1) For more information about this AD, contact Eduardo Orozco-Duran, Aviation Safety Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone: (562) 627–5264; email: Eduardo.OrozcoDuran@faa.gov. (2) For advisory circular material identified in this AD that is not incorporated by reference, go to faa.gov/regulations_policies/ advisory_circulars/index.cfm/go/ document.information/documentID/1023552. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) MD Helicopters Service Bulletin SB369D–231R2, dated November 1, 2023. (ii) MD Helicopters Service Bulletin SB369E–131R2, dated November 1, 2023. (iii) MD Helicopters Service Bulletin SB369F–122R2, dated November 1, 2023. (iv) MD Helicopters Service Bulletin SB369H–265R2, dated November 1, 2023. (v) MD Helicopters Service Bulletin SB500N–068R2, dated November 1, 2023. (vi) MD Helicopters Service Bulletin SB600N–082R2, dated November 1, 2023. Note 2 to paragraph (j)(2): The service bulletins identified in paragraphs (j)(2)(i) through (vi) of this AD are co-published as one document. VerDate Sep<11>2014 17:52 Aug 27, 2024 Jkt 262001 [FR Doc. 2024–17318 Filed 8–27–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–2133; Project Identifier MCAI–2024–00243–T] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.; Empresa Brasileira de Aeronáutica S.A. (EMBRAER)) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for all Embraer S.A. Model EMB–135ER, –135KE, –135KL, and –135LR airplanes; and Model EMB–145, –145EP, –145ER, –145LR, –145MP, –145MR, and –145XR airplanes. This proposed AD was prompted by a structural assessment that indicated certain central fuselage longitudinal splices are subjected to fatigue damage on multiple sites due to loose fasteners, which may reduce the structural residual strength below the required levels. This proposed AD would require performing repetitive inspections of certain upper central fuselage longitudinal splices and reporting the inspection results, as specified in an Agência Nacional de Aviação Civil (ANAC) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also require performing corrective actions if SUMMARY: PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 necessary. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by October 15, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–2133; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For ANAC material identified in this proposed AD, contact National Civil Aviation Agency (ANAC), Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230— Centro Empresarial Aquarius—Torre B—Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246–190—São José dos Campos—SP, Brazil; telephone 55 (12) 3203–6600; email pac@anac.gov.br; website anac.gov.br/en/. You may find this material on the ANAC website at sistemas.anac.gov.br/certificacao/DA/ DAE.asp. • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206–231–3653; email: Hassan.M.Ibrahim@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed E:\FR\FM\28AUP1.SGM 28AUP1

Agencies

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Proposed Rules]
[Pages 68837-68840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17318]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2009; Project Identifier AD-2023-01286-R]
RIN 2120-AA64


Airworthiness Directives; MD Helicopters, LLC, Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain MD Helicopters, LLC, Model 369 (Army YOH-6A), 369A (Army 
OH-6A), 369D, 369E, 369F, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 
600N helicopters. This proposed AD was prompted by multiple reports of 
cracked tail rotor (T/R) pedal support brackets. This proposed AD would 
require repetitively inspecting certain part-numbered T/R pedal support 
brackets and depending on the results, replacing the T/R pedal support 
bracket or refinishing any exposed areas. This proposed AD would also 
prohibit installing certain part-numbered T/R pedal support brackets. 
The FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by October 15, 
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2009; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:

[[Page 68838]]

     For MD Helicopters material identified in this AD, contact 
MD Helicopters, LLC, 4555 East McDowell Road, Mesa, AZ 85215-9734; 
phone: (480) 346-6300; email: [email protected]; website: 
mdhelicopters.com/contact/.
     You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Eduardo Orozco-Duran, Aviation Safety 
Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone: 
(562) 627-5264; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2024-2009; 
Project Identifier AD-2023-01286-R'' at the beginning of your comments. 
The most helpful comments reference a specific portion of the proposal, 
explain the reason for any recommended change, and include supporting 
data. The FAA will consider all comments received by the closing date 
and may amend this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Eduardo Orozco-Duran, Aviation Safety Engineer, FAA, 3960 Paramount 
Boulevard, Lakewood, CA 90712; phone: (562) 627-5264; email: 
[email protected]. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Background

    The FAA received a report of a forced emergency landing involving 
an MD Helicopters, LLC, Model 369D helicopter in Canada in 2022 that 
was caused by a cracked magnesium cast T/R pedal support bracket having 
part number (P/N) 369A7505-8. There have been 16 other reports of 
cracked magnesium cast T/R pedal support brackets having P/Ns 369A7505-
7, 369A7505-8, 369A7505-14, or 369A7505-15 discovered during 
maintenance in the last 30 years. Material deficiencies associated with 
magnesium cast parts, as well as fatigue damage and successive in-
flight loading have been determined to cause the parts to fail. 
Additionally, magnesium cast parts are susceptible to corrosion where 
insufficient protective coatings have shown to wear and deteriorate. 
All reported failures of this part have been the magnesium cast 
369A7505 configuration. The aluminum cast T/R pedal support bracket P/N 
369N2640 have no reported failures but are still subject to the 
inspection requirements of this AD. The natural corrosion advantages of 
aluminum, as well as the coating requirements of its anodization offer 
greater mitigation of the risks of corrosion in comparison to the 
magnesium cast part. Although superior to the magnesium cast part, the 
alternate aluminum cast part could still be prone to these material 
deficiencies of cast parts.
    This proposed AD would require repetitively inspecting magnesium 
cast T/R pedal support brackets having P/N 369A7505-7, 369A7505-8, 
369A7505-14, or 369A7505-15, and aluminum cast T/R pedal support 
brackets having P/N 369N2640-1 or 369N2640-2. These T/R pedal support 
brackets may be installed on MD Helicopters, LLC, Model 369 (Army YOH-
6A), 369A (Army OH-6A), 369D, 369E, 369F, 369FF, 369H, 369HE, 369HM, 
369HS, 500N, and 600N helicopters. This proposed AD would also prohibit 
installing magnesium cast T/R pedal support bracket P/N 369A7505-7, 
369A7505-8, 369A7505-14, or 369A7505-15 on any helicopter. This 
condition, if not addressed, could result in failure of the T/R pedal 
support bracket, reduced controllability of the helicopter, and 
subsequent loss of control of the helicopter.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of these same type designs.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed MD Helicopters Service Bulletin SB369D-231R2 for 
Model 369D helicopters, SB369E-131R2 for Model 369E helicopters, 
SB369F-122R2 for Model 369F and 369FF helicopters, SB369H-265R2 for 
Model 369H, 369HE, 369HM, and 369HS helicopters, SB500N-068R2 for Model 
500N helicopters, and SB600N-082R2 for Model 600N helicopters, each 
dated November 1, 2023 (co-published as one document). For magnesium 
cast T/R pedal support brackets P/N 369A7505-7, 369A7505-8, 369A7505-
14, and 369A7505-15, this material specifies procedures for visually 
inspecting each T/R pedal support bracket for a crack and corrosion and 
depending on the results, replacing the bracket with an aluminum cast 
T/R pedal support bracket having P/N 369N2640-1 or 369N2640-2, or 
refinishing any exposed areas. For magnesium cast T/R pedal support 
brackets P/N 369A7505-7, 369A7505-8, 369A7505-14, and 369A7505-15, this 
material also specifies procedures for fluorescent penetrant 
inspecting, eddy current inspecting, or dye penetrant inspecting each 
T/R pedal support bracket for a crack and depending on the results, 
replacing the bracket with an aluminum cast T/R pedal support bracket 
having P/N 369N2640-1 or 369N2640-2, or refinishing any exposed areas. 
For the purposes of this proposed AD, MD Helicopters, LLC, Model 369 
(Army YOH-6A) and 369A (Army OH-6A) helicopters would use MD 
Helicopters Service Bulletin SB369D-231R2, dated November 1, 2023, to 
accomplish certain actions required by this proposed AD.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the material already described except as discussed under 
``Differences Between

[[Page 68839]]

this Proposed AD and the Referenced Material.''

Differences Between This Proposed AD and the Referenced Material

    The related material applies to magnesium cast T/R pedal support 
brackets having P/N 369A7505-7, 369A7505-8, 369A7505-14, or 369A7505-
15, whereas this proposed AD would apply to those part-numbered 
magnesium cast T/R pedal support brackets and aluminum cast T/R pedal 
support brackets having P/N 369N2640-1 or 369N2640-2. This proposed AD 
would prohibit installing magnesium cast T/R pedal support brackets 
having P/N 369A7505-7, 369A7505-8, 369A7505-14, or 369A7505-15, whereas 
the related material does not.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 353 helicopters of U.S. registry. Labor rates are estimated at 
$85 per work-hour. Based on these numbers, the FAA estimates the 
following costs to comply with this proposed AD.
    Visually inspecting the T/R pedal support brackets (up to two T/R 
pedal support brackets per helicopter) would take approximately 0.5 
work-hour for an estimated cost of up to $43 per helicopter and $15,179 
for the U.S. fleet per inspection cycle. Non-destructive inspection of 
the T/R pedal support brackets would take approximately 2 work-hours 
for an estimated cost of up to $170 per helicopter and $60,010 for the 
U.S. fleet per inspection cycle.
    If required, replacing a T/R pedal support bracket would take 
approximately 8 work-hours and parts would cost approximately $2,075 
for an estimated cost of $2,755 per T/R pedal support bracket. 
Refinishing any exposed areas could vary significantly from helicopter 
to helicopter. The FAA has no data to determine the costs to accomplish 
this action or the number of helicopters that may require this action.

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.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

MD Helicopters, LLC: Docket No. FAA-2024-2009; Project Identifier 
AD-2023-01286-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 15, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MD Helicopters, LLC, Model 369 (Army YOH-6A), 
369A (Army OH-6A), 369D, 369E, 369F, 369FF, 369H, 369HE, 369HM, 
369HS, 500N, and 600N helicopters, certificated in any category, 
with a tail rotor (T/R) pedal support bracket part number (P/N) 
369A7505-7, 369A7505-8, 369A7505-14, 369A7505-15, 369N2640-1, or 
369N2640-2, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6720, tail rotor 
control system.

(e) Unsafe Condition

    This AD was prompted by multiple reports of cracked T/R pedal 
support brackets. The FAA is issuing this AD to detect a cracked T/R 
pedal support bracket. The unsafe condition, if not addressed, could 
result in failure of the T/R pedal support bracket, reduced 
controllability of the helicopter, and subsequent loss of control of 
the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Within 25 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 100 hours TIS, using a 10X power 
magnification glass, mirror, and flashlight, visually inspect each 
T/R pedal support bracket for cracks and corrosion by following the 
Accomplishment Instructions, paragraph 2.A.(2)., of MD Helicopters 
Service Bulletin SB369D-231R2, SB369E-131R2, SB369F-122R2, SB369H-
265R2, SB500N-068R2, or SB600N-082R2, each dated November 1, 2023 
(collectively referred to as ``the service bulletins''), as 
applicable to your helicopter model; you may use a borescope as 
specified in the note in paragraph 2.A.(2) of the service bulletins. 
For the purposes of this AD, for MD Helicopters, LLC, Model 369 
(Army YOH-6A) and 369A (Army OH-6A) helicopters, use MD Helicopters 
Service Bulletin SB369D-231R2, dated November 1, 2023, to accomplish 
the actions required by this AD.
    (i) If there is a crack or any corrosion as a result of the 
inspections required by the introductory text of paragraph (g)(1) of 
this AD, before further flight, remove the T/R pedal support bracket 
from service and replace it with an airworthy T/R pedal support 
bracket P/N 369N2640-1 or 369N2640-2.
    (ii) If there is not a crack and there is no corrosion as a 
result of the inspections required by the introductory text of 
paragraph (g)(1) of this AD, before further flight, refinish any 
exposed areas.
    (2) Within 50 hours TIS and thereafter at intervals not to 
exceed 300 hours TIS, eddy current, dye penetrant, or fluorescent 
penetrant inspect each T/R pedal support bracket for a crack by 
following the Accomplishment Instructions, paragraph 2.B.(2)., of 
the service bulletins, as applicable to your helicopter model. The 
inspections required by this paragraph must be performed by a Level 
II or Level III inspector certified in the FAA-acceptable standards 
for nondestructive inspection personnel.
    Note 1 to the introductory text of paragraph (g)(2): Advisory 
Circular 65-31B contains examples of FAA-acceptable Level II and 
Level III qualification standards criteria

[[Page 68840]]

for inspection personnel doing nondestructive test inspections.
    (i) If there is a crack as a result of the actions required by 
the introductory text of paragraph (g)(2) of this AD, before further 
flight, remove the T/R pedal support bracket from service and 
replace it with an airworthy T/R pedal support bracket P/N 369N2640-
1 or 369N2640-2.
    (ii) If there is not a crack as a result of the actions required 
by the introductory text of paragraph (g)(2) of this AD, before 
further flight, refinish any exposed areas.
    (3) As of the effective date of this AD, do not install 
magnesium cast T/R pedal support bracket P/N 369A7505-7, 369A7505-8, 
369A7505-14, or 369A7505-15 on any helicopter.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Western Certification Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the Western Certification Branch, send it 
to the attention of the person identified in paragraph (i) of this 
AD. Information may be emailed to [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Additional Information

    (1) For more information about this AD, contact Eduardo Orozco-
Duran, Aviation Safety Engineer, FAA, 3960 Paramount Boulevard, 
Lakewood, CA 90712; phone: (562) 627-5264; email: [email protected].
    (2) For advisory circular material identified in this AD that is 
not incorporated by reference, go to faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1023552.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) MD Helicopters Service Bulletin SB369D-231R2, dated November 
1, 2023.
    (ii) MD Helicopters Service Bulletin SB369E-131R2, dated 
November 1, 2023.
    (iii) MD Helicopters Service Bulletin SB369F-122R2, dated 
November 1, 2023.
    (iv) MD Helicopters Service Bulletin SB369H-265R2, dated 
November 1, 2023.
    (v) MD Helicopters Service Bulletin SB500N-068R2, dated November 
1, 2023.
    (vi) MD Helicopters Service Bulletin SB600N-082R2, dated 
November 1, 2023.
    Note 2 to paragraph (j)(2): The service bulletins identified in 
paragraphs (j)(2)(i) through (vi) of this AD are co-published as one 
document.
    (3) For MD Helicopters material identified in this AD, contact 
MD Helicopters, LLC, 4555 East McDowell Road, Mesa, AZ 85215-9734; 
phone: (480) 346-6300; email: [email protected]; website: 
mdhelicopters.com/contact/.
    (4) You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on July 31, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-17318 Filed 8-27-24; 8:45 am]
BILLING CODE 4910-13-P
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