[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)] [Proposed Rules] [Pages 44245-44247] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-22045] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 97-SW-03-AD] Airworthiness Directives; McDonnell Douglas Helicopter Systems Model 369F and 369FF Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This document proposes the adoption of a new airworthiness directive (AD) that is applicable to McDonnell Douglas Helicopter Systems (MDHS) Model 369F and 369FF helicopters. This proposal would require removing the tail rotor control rod assembly (rod assembly) and replacing it with an airworthy rod assembly. This proposal is prompted by a failure of a rod assembly during a proof-load test conducted by the manufacturer. The actions specified by the proposed AD are intended to prevent buckling of the rod assembly when subjected to ultimate jam loads, loss of tail rotor control, and subsequent loss of control of the helicopter. DATES: Comments must be received by October 20, 1997. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Office of the Assistant Chief Counsel, Attention: Rules Docket No. 97-SW-03-AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. Comments may be inspected at this location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal holidays. [[Page 44246]] FOR FURTHER INFORMATION CONTACT: Mr. John L. Cecil, Aerospace Engineer, ANM-120L, Los Angeles Aircraft Certification Office, FAA, 3960 Paramount Boulevard, Lakewood, California 90712, telephone (562) 627- 5322, fax (562) 627-5210. SUPPLEMENTARY INFORMATION: Comments Invited Interested persons are invited to participate in the making of the proposed 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 above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 97-SW-03-AD.'' The postcard will be date stamped and returned to the commenter. Availability of NPRMs Any person may obtain a copy of this NPRM by submitting a request to the FAA, Office of the Assistant Chief Counsel, Attention: Rules Docket No. 97-SW-03-AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. Discussion This document proposes the adoption of a new AD that is applicable to MDHS Model 369F and 369FF helicopters. This proposal would require removing the rod assembly, part number (P/N) 369D27516, and replacing it with an airworthy rod assembly, P/N 369D27516-5, within 300 hours time-in-service (TIS) after the effective date of the AD. On April 16, 1996, one rod assembly failed during a proof-load test conducted by the manufacturer. It was determined that the design of the rod assembly was inadequate for jam load conditions. This condition, if not corrected, could result in buckling of the rod assembly when subjected to ultimate jam loads, loss of tail rotor control, and subsequent loss of control of the helicopter. Since an unsafe condition has been identified that is likely to exist or develop on other MDHS Model 369F and 369FF helicopters of the same type design, the proposed AD would require, within 300 hours TIS after the effective date of the AD, removing the rod assembly and replacing it with an airworthy rod assembly. Replacement of the rod assembly, P/N 369D27516, with an airworthy rod assembly, P/N 369D27516- 5, constitutes a terminating action for the requirements of this AD. The FAA estimates that 17 helicopters of U.S. registry would be affected by this proposed AD, that it would take approximately 4 work hours per helicopter to accomplish the proposed actions, and that the average labor rate is $60 per work hour. Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $4080. The regulations proposed herein would not have substantial direct effects 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, in accordance with Executive Order 12612, it is determined that this proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. For the reasons discussed above, I certify that this proposed 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) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39--AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: McDonnell Douglas Helicopter Systems: Docket No. 97-SW-03-AD. Applicability: Model 369F and 369FF helicopters, certificated in any category. Note 1: This AD applies to each helicopter identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For helicopters that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must use the authority provided in paragraph (b) to request approval from the FAA. This approval may address either no action, if the current configuration eliminates the unsafe condition, or different actions necessary to address the unsafe condition described in this AD. Such a request should include an assessment of the effect of the changed configuration on the unsafe condition addressed by this AD. In no case does the presence of any modification, alteration, or repair remove any helicopter from the applicability of this AD. Compliance: Required within 300 hours time-in-service after the effective date of this AD, unless accomplished previously. To prevent buckling of the tail rotor control rod assembly (rod assembly) when subjected to ultimate jam loads, loss of tail rotor control, and subsequent loss of control of the helicopter, accomplish the following: (a) Remove the rod assembly, part number (P/N) 369D27516, and replace it with an airworthy rod assembly, P/N 369D27516-5. Replacement of the rod assembly with an airworthy rod assembly, P/N 369D275216-5, constitutes a terminating action for the requirements of this AD. (b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Los Angeles Aircraft Certification Office. Operators shall submit their requests through an FAA Principal Maintenance Inspector, who may concur or comment and then send it to the Manager, Los Angeles Aircraft Certification Office. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Los Angeles Aircraft Certification Office. (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the helicopter [[Page 44247]] to a location where the requirements of this AD can be accomplished. Issued in Fort Worth, Texas, on August 13, 1997. Larry M. Kelly, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 97-22045 Filed 8-19-97; 8:45 am] BILLING CODE 4910-13-U