[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Rules and Regulations]
[Pages 78931-78934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28367]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1250; Directorate Identifier 2008-SW-49-AD; 
Amendment 39-15755; AD 2008-17-51]
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 document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2008-17-51, which was sent 
previously to all known U.S. owners and operators of MD Helicopters, 
Inc. (MDHI) Model MD900 helicopters by individual letters. This AD 
requires, before further flight, fluorescent magnetic particle 
inspecting the aft threads of the forward directional control cable 
(control cable) for a crack and replacing the control cable with an 
airworthy part if you find a crack. If you do not find a crack, this AD 
requires that you demagnetize the cable threads until you reach a 
certain gauss level. This AD also requires visually inspecting the aft 
cable attach bracket for a crack and for interference with movement of 
the control cable or for deformation of the aft cable attach bracket. 
If a crack or interference with movement of the control cable or 
deformation of the aft cable attach bracket exists, this AD requires 
replacing the bracket with an airworthy part. This AD also requires 
modifying the control cable conduit and the rotating cone control rod 
and identifying the rotating cone control rod with a certain part 
number. This amendment is prompted by three reports of in-flight 
failure of the control cable and loss of yaw control resulting in 
emergency landings and subsequent damage to the helicopter. The actions 
specified by this AD are intended to prevent loss of yaw control and 
subsequent loss of control of the helicopter.

[[Page 78932]]


DATES: January 8, 2009, to all persons except those persons to whom it 
was made immediately effective by Emergency AD 2008-17-51, issued on 
August 14, 2008, which contained the requirements of this amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 8, 2009.
    Comments for inclusion in the Rules Docket must be received on or 
before February 23, 2009.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service bulletin identified in this AD from MD 
Helicopters Inc., Attn: Customer Support Division, 4555 E. McDowell 
Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-800-388-
3378, fax 480-346-6813, or on the Web at http://www.mdhelicopters.com. 
You may purchase the American Society for Testing and Material standard 
from ASTM International on the Web at http://www.astm.org/.
    Examining the Docket: You may examine the docket that contains the 
AD, any comments, and other information on the Internet at http://www.regulations.gov, or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Eric D. Schrieber, FAA, Los Angeles 
Aircraft Certification Office, Aviation Safety Engineer, Airframe 
Branch, 3960 Paramount Blvd., Lakewood, California 90712, telephone 
562-627-5348, fax 562-627-5210.

SUPPLEMENTARY INFORMATION: On August 14, 2008, we issued Emergency AD 
2008-17-51 for the specified MDHI model helicopters. The Emergency AD 
requires fluorescent magnetic particle inspecting the aft threads of 
the control cable for a crack and replacing the control cable with an 
airworthy part if you find a crack. If you do not find a crack, the 
Emergency AD requires that you demagnetize the cable threads until you 
reach a certain gauss level. The Emergency AD also requires visually 
inspecting the aft cable attach bracket for a crack and for 
interference with movement of the control cable or for deformation of 
the aft cable attach bracket. If a crack or interference with movement 
of the control cable or deformation of the aft cable attach bracket 
exists, the Emergency AD requires replacing the bracket with an 
airworthy part. The Emergency AD also requires modifying the control 
cable conduit and the rotating cone control rod and identifying the 
rotating cone control rod with part number ``900C2010582-105.'' The 
Emergency AD was prompted by three reports of in-flight failure of the 
control cable and loss of yaw control resulting in emergency landings 
and subsequent damage to the helicopter. This condition, if not 
corrected, could result in loss of yaw control and subsequent loss of 
control of the helicopter.
    MDHI has issued Service Bulletin SB900-108R1, dated August 13, 
2008, which describes procedures for magnetic particle inspecting and 
modifying the control cable and rotating cone control rod installation.
    Since the unsafe condition described is likely to exist or develop 
on other MDHI model helicopters of the same type design, we issued 
Emergency AD 2008-17-51 to prevent loss of yaw control and subsequent 
loss of control of the helicopter. The Emergency AD requires the 
following, before further flight:
     Remove the rotating cone, the thruster extension, and the 
rotating cone control rod, and NAS1193K4CP lock device (2 parts).
     Do a fluorescent magnetic particle inspection for a crack 
in the aft threads of the control cable. If you find a crack, replace 
the control cable with an airworthy part. If you do not find a crack, 
demagnetize the cable threads until you reach a gauss level of +/-3.
     Visually inspect the aft cable attach bracket for a crack. 
Inspect for interference with the movement of the control cable or for 
deformation of the aft cable attach bracket. If a crack or interference 
with the movement of the control cable or deformation of the aft cable 
attach bracket exists, replace the bracket with an airworthy part.
     Cut and modify the aft end of the control cable conduit.
     Modify the rotating cone control rod by drilling lock wire 
holes. Using permanent ink, identify the rotating cone control rod with 
part number 900C2010582-105.
     Inspect the control cable for proper adjustment.
     Install the rotating cone control rod.
     Install the thruster extension.
     Install the rotating cone. If you adjust the control cable 
at the attach brackets, inspect for interference with the movement of 
the control cable or for deformation of the aft cable attach bracket. 
If interference with the movement of the control cable or deformation 
of the aft cable attach bracket exists, replace the bracket with an 
airworthy part.
     Rerig the antitorque directional control system.
    The actions must be done by following specified portions of the 
service bulletin described previously. The short compliance time 
involved is required because the previously described critical unsafe 
condition can adversely affect the controllability of the helicopter. 
Therefore, the actions described previously are required before further 
flight, and this AD must be issued immediately.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on August 14, 2008, to all known U.S. owners and operators of 
MDHI Model MD900 helicopters. These conditions still exist, and the AD 
is hereby published in the Federal Register as an amendment to 14 CFR 
39.13 to make it effective to all persons.
    The FAA estimates that this AD will affect 33 helicopters of U.S. 
registry. It will take about 5.5 work hours to remove, modify, visually 
inspect, and install parts, and 2 work hours to fluorescent magnetic 
particle inspect the aft threads in the control cable per helicopter at 
an average labor rate of $80 per work hour. The kits required to modify 
the control cable cost about $8,603 for the entire fleet. Based on 
these figures, we estimate the total cost impact of the AD on U.S. 
operators to be $28,403.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any

[[Page 78933]]

written data, views, or arguments regarding this AD. Send your comments 
to an address listed under ADDRESSES. Include ``Docket No. FAA-2008-
1250; Directorate Identifier 2008-SW-49-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this AD. Using the search function of our 
docket Web site, you can find and read the comments to any of our 
dockets, including the name of the individual who sent the comment. You 
may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78).

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 AD docket to examine the economic evaluation.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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:

2008-17-51 MD Helicopters, Inc.: Amendment 39-15755. Docket No. FAA-
2008-1250; Directorate Identifier 2008-SW-49-AD.

    Applicability: Model MD900 helicopters, serial numbers 900-00008 
through 900-00128, with part number (P/N) 900C3010045-105 forward 
directional control cable (control cable), P/N 900C2010582-103 
rotating cone control rod, and P/N 9000F2318021 (all dash numbers) 
tailboom assembly, installed, certificated in any category.
    Compliance: Before further flight, unless done previously.
    To prevent loss of yaw control and subsequent loss of control of 
the helicopter, do the following:
    (a) Remove the rotating cone, the thruster extension, the 
rotating cone control rod, and the NAS1193K4CP lock device (2 
parts). Do not reinstall the lock device. Use your hand and turn the 
telescopic part on the aft end of the control cable until it is 
fully forward on the control cable.

    Note: The MDHI maintenance manuals CSP-900RMM-2, Sections 67-20-
00, 29-00-00, 53-40-00; CSP-SPM, Section 20-30-00; and CSP-900IPL-4 
Illustrated Parts pertain to the subject of this AD.

    (b) Do a fluorescent magnetic particle inspection for a crack in 
the aft threads of the control cable as depicted in Figure 2 and by 
following MD Helicopters, Inc. (MDHI) Service Bulletin SB900-108R1, 
dated August 13, 2008, Section 2, Accomplishment Instructions (SB), 
paragraphs (5)(a) through 5(j). The inspection must be done by an 
inspector qualified under the guidelines established by MIL-STD-
410E, ATA Specification 105, AIA-NAS-410, or an FAA-accepted 
equivalent for qualification standards of NDT Inspection/Evaluation 
Personnel. The inspector that accepts or rejects the inspected part 
must be certified to a Non-Destructive Testing (NDT) UT minimum 
Level II. The part must be inspected to the inspection facilities 
written procedure approved by a person certified to a Level III. For 
the magnetic particle examination process and qualifications, follow 
the American Society for Testing and Material (ASTM) E 1444-93 
[egr]1.
    (1) If you find a crack, replace the control cable with an 
airworthy part.
    (2) If you do not find a crack, demagnetize the cable threads by 
following paragraphs (6)(a) or (6)(b) of the SB until you reach a 
gauss level of +/-3.
    (c) Visually inspect the aft cable attach bracket, depicted in 
Figure 3 of the SB, for a crack. Inspect for interference with the 
movement of the control cable or for deformation of the aft cable 
attach bracket by following paragraphs (9)(a) through (9)(c) of the 
SB. If a crack or interference with the movement of the control 
cable or deformation of the aft cable attach bracket exists, replace 
the bracket with an airworthy part.
    (d) Cut and modify the aft end of the control cable conduit as 
depicted in Figure 4 of the SB by following paragraphs (10)(a) 
through (10)(g) of the SB.
    (e) Modify the rotating cone control rod by drilling lock wire 
holes as depicted in Figure 5 of the SB by following paragraphs 
(11)(a) through (11)(g) of the SB. Using permanent ink, mark the 
rotating cone control rod with ``900C2010582-105.''
    (f) Inspect the control cable for proper adjustment by following 
paragraphs (12)(a) through (12)(c), of the SB.
    (g) Install the rotating cone control rod as depicted in Figure 
6 of the SB by following paragraphs (13)(a) through (13)(c) of the 
SB. Make sure the control cable threads are past the witness hole in 
the rotating cone control rod.
    (h) Install the thruster extension.
    (i) Install the rotating cone. If you adjust the control cable 
at the attach brackets, inspect for interference with the movement 
of the control cable or for deformation of the aft cable attach 
bracket by following paragraph (15) of the SB. If interference with 
the movement of the control cable or deformation of the aft cable 
attach bracket exists, replace the bracket with an airworthy part.
    (j) Rerig the antitorque directional control system.
    (k) 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: Eric D. Schrieber, Aviation Safety Engineer, Airframe Branch, 
3960 Paramount Blvd., Lakewood, California 90712, telephone 562-627-
5348, fax 562-627-5210, for information about previously approved 
alternative methods of compliance.

[[Page 78934]]

    (l) Special flight permits will not be issued.
    (m) The inspections and modification must be done by following 
the specified portions of MD Helicopters, Inc. Service Bulletin 
SB900-108R1, dated August 13, 2008. Copies of this service bulletin 
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. The inspection must also be done by 
following the magnetic particle examination process and 
qualifications found in American Society for Testing and Material 
(ASTM) E 1444-93 [egr]1, approved February 15, 1993, 
Standard Practice for Magnetic Particle Examination. Copies of this 
information may be purchased from AMST International on the Web at 
http://www.astm.org/. 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 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.
    (n) This amendment becomes effective on January 8, 2009, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2008-17-51, issued August 14, 2008, which 
contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on November 19, 2008.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-28367 Filed 12-23-08; 8:45 am]
BILLING CODE 4910-13-P