Proposed Rule2024-17318
Airworthiness Directives; MD Helicopters, LLC, Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 28, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 167 (Wednesday, August 28, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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).
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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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> 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]]
<bullet> 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: <a href="/cdn-cgi/l/email-protection#c3aaada5ac83aea7aba6afaaa0acb3b7a6b1b0eda0acae"><span class="__cf_email__" data-cfemail="6801060e0728050c000d04010b07181c0d1a1b460b0705">[email protected]</span></a>; website:
<a href="http://mdhelicopters.com/contact/">mdhelicopters.com/contact/</a>.
<bullet> 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: <a href="/cdn-cgi/l/email-protection#753011001407111a5b3a071a0f161a58310007141b351314145b121a03"><span class="__cf_email__" data-cfemail="2f6a4b5a4e5d4b4001605d40554c40026b5a5d4e416f494e4e01484059">[email protected]</span></a>.
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
<a href="http://regulations.gov">regulations.gov</a>, 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:
<a href="/cdn-cgi/l/email-protection#b1f4d5c4d0c3d5de9ffec3decbd2de9cf5c4c3d0dff1d7d0d09fd6dec7"><span class="__cf_email__" data-cfemail="89ccedfce8fbede6a7c6fbe6f3eae6a4cdfcfbe8e7c9efe8e8a7eee6ff">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#3475797b77745255551a535b42"><span class="__cf_email__" data-cfemail="7a3b3735393a1c1b1b541d150c">[email protected]</span></a>.
(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: <a href="/cdn-cgi/l/email-protection#cd88a9b8acbfa9a2e382bfa2b7aea2e089b8bfaca38dabacace3aaa2bb"><span class="__cf_email__" data-cfemail="bcf9d8c9ddced8d392f3ced3c6dfd391f8c9ceddd2fcdadddd92dbd3ca">[email protected]</span></a>.
(2) For advisory circular material identified in this AD that is
not incorporated by reference, go to <a href="http://faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1023552">faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1023552</a>.
(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: <a href="/cdn-cgi/l/email-protection#5a33343c351a373e323f363339352a2e3f282974393537"><span class="__cf_email__" data-cfemail="c2abaca4ad82afa6aaa7aeaba1adb2b6a7b0b1eca1adaf">[email protected]</span></a>; website:
<a href="http://mdhelicopters.com/contact/">mdhelicopters.com/contact/</a>.
(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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#2543570b4c4b56554046514c4a4b654b4457440b424a53"><span class="__cf_email__" data-cfemail="fe988cd097908d8e9b9d8a979190be909f8c9fd0999188">[email protected]</span></a>.
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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