[Federal Register Volume 69, Number 153 (Tuesday, August 10, 2004)]
[Rules and Regulations]
[Pages 48361-48363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17793]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-SW-10-AD; Amendment 39-13764; AD 2004-16-08]
RIN 2120-AA64


Airworthiness Directives; MD Helicopters Inc. Model MD900 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
MD Helicopters, Inc. Model MD900 helicopters. This action requires 
installing a fan input force limiting control rod assembly fail-safe 
device (fail-safe device). This AD also requires, after installing a 
fail-safe device, before the first flight of each day, checking the 
fail-safe device for bent clips, taut lanyards, and piston rod 
movement. If any of these conditions are found, this AD requires 
replacing the control rod assembly with an airworthy control rod 
assembly before further flight. This amendment is prompted by an 
accident report of fatigue failure of the piston rod in the spring 
capsule on a control rod assembly. The actions specified in this AD are 
intended to provide a temporary backup support system in the event of a 
piston rod failure and to prevent subsequent loss of control of the 
helicopter.

DATES: Effective August 25, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 25, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before October 12, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2004-SW-10-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: [email protected].
    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-GO48, Mesa, Arizona 85215-9734, telephone 1-800-
388-3378, fax 480-891-6782, 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; 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/code_-of--federal--regulations/ibr--locations.html.

FOR FURTHER INFORMATION CONTACT: Roger T. Durbin, Aviation Safety 
Engineer, FAA, Los Angeles Aircraft Certification Office, Airframe 
Branch, 3960 Paramount Blvd., Lakewood, California 90712-4137, 
telephone (562) 627-5233, fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: This amendment adopts a new AD for MD 
Helicopters, Inc. Model MD900 helicopters. This action requires 
installing a fail-safe device; and, thereafter, before the first flight 
of each day, checking for bent clips, taut lanyards, or piston rod 
movement. If any of these conditions are found, this AD requires 
replacing the control rod assembly with airworthy parts before further 
flight. This amendment is prompted by an accident report of

[[Page 48362]]

fatigue failure of the piston rod in the spring capsule of the control 
rod assembly. This condition, if not corrected, could result in failure 
of the piston rod and subsequent loss of control of the helicopter.
    The FAA has reviewed MD Helicopters, Inc. Service Bulletin SB900-
094, dated March 17, 2004 (SB), which describes procedures for 
installing a fail-safe device to prevent separation of the piston rod 
from the spring capsule if a fracture occurs. The SB also describes a 
daily pilot check of the piston rod and fail-safe device after 
installing it.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type design. Therefore, this AD is being issued 
to prevent fatigue failure of the piston rod and subsequent loss of 
control of the helicopter. This AD requires:
     Installing a fail-safe device on or before September 17, 
2004, or based on specified hours time-in-service (TIS) of the control 
rod assembly, whichever occurs first.
     Before the first flight of each day, after installing a 
fail-safe device, unzipping the ceiling panel in the baggage 
compartment and checking for bent clips on the outer bell-crank 
assembly, taut lanyards connected to clips, and movement of the piston 
rod. An owner/operator (pilot), holding at least a private pilot 
certificate, may perform these checks. Pilots may perform these checks 
because they require no tools and can be done equally well by a pilot 
or a mechanic. However, the pilot must enter compliance with these 
requirements into the helicopter maintenance records by following 14 
CFR 43.11 and 91.417(a)(2)(v).
     If the bellcrank assembly has taut lanyards, bent clips, 
or the piston rod moves in any direction, replacing the control rod 
assembly with an airworthy control rod assembly before further flight.
    Mechanics perform the actions following the SB described 
previously. The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
controllability or structural integrity of the helicopter. Therefore, 
installing a fail-safe device is required before further flight for 
those helicopters that have a control rod assembly with 790 or more 
hours TIS, and this AD must be issued immediately.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.
    The FAA estimates that this AD will affect 29 helicopters and take 
about 0.5 work hour to install a fail-safe device at an average labor 
rate of $65 per work hour. The daily check requires only a minimal 
amount of time and, therefore, the costs are negligible. Required parts 
will cost about $322 per helicopter. Based on these figures, we 
estimate the total cost impact of the AD on U.S. operators to be 
$10,280.50.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available in the Rules Docket for examination by interested persons. A 
report that summarizes each FAA-public contact concerned with the 
substance of this AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their mailed 
comments submitted in response to this rule must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2004-SW-10-AD.'' The postcard will be date 
stamped and returned to the commenter.
    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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

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:

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:

2004-16-08 MD Helicopters, Inc.: Amendment 39-13764. Docket No. 
2004-SW-10-AD.

    Applicability: Model MD900 helicopters, with Fan Input Force 
Limiting Control Rod Assembly (control rod assembly), part number 
(P/N) 900C6010239-105 or 900C2010239-107, installed, certificated in 
any category.
    Compliance: Required as indicated.
    To provide a temporary back-up support system in the event of 
piston rod failure and to prevent subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Unless accomplished previously, install a control rod 
assembly fail-safe device (fail-safe device) by following the 
Accomplishment Instructions, paragraph A., of MD Helicopters, Inc. 
Service Bulletin SB900-094, dated March 17, 2004 (SB). Install the 
fail-safe device on or before September 17, 2004, or as indicated in 
the following table based on the hours time-in-service (TIS) of the 
control rod assembly, whichever occurs first.

[[Page 48363]]



------------------------------------------------------------------------
                                             If the control rod assembly
        Install a fail-safe device                       has
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(1) Before reaching 200 hours TIS.........  Less than 200 hours TIS.
(2) Within 10 hours TIS...................  200 or more but less than
                                             790 hours TIS.
(3) Before further flight.................  790 or more hours TIS.
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    (b) Before the first flight of each day after installing a fail-
safe device required by paragraph (a) of this AD, check the control 
rod assembly as follows:
    (1) Unzip the ceiling panel of the baggage compartment;
    (2) Examine the outer bell-crank assembly for any bent clip and 
any lanyard connected to a clip that is taut; and
    (3) Check the piston rod for any movement.
    (4) An owner/operator, holding at least a private pilot 
certificate, may perform these visual checks and must enter 
compliance into the helicopter maintenance records in accordance 
with 14 CFR sections 43.11 and 91.417(a)(2)(v)).
    (c) Before further flight, replace the control rod assembly with 
an airworthy control rod assembly if a bent clip, a taut lanyard, or 
any movement of the piston rod is found.
    (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 Los Angeles Aircraft Certification Office (LAACO), FAA, 
for information about previously approved alternative methods of 
compliance.
    (e) Install the fail-safe device following MD Helicopter, Inc. 
Service Bulletin SB900-094, dated March 17, 2004. This incorporation 
by reference was approved by the Director of the Federal Register 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-GO48, Mesa, Arizona 85215-9734, 
telephone 1-800-388-3378, fax 480-891-6782, or on the web at 
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/code_ of--federal--regulations/
ibr--locations.html.
    (f) This amendment becomes effective on August 25, 2004.

    Issued in Fort Worth, Texas, on July 28, 2004.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-17793 Filed 8-9-04; 8:45 am]
BILLING CODE 4910-13-P