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[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Proposed Rules]
[Pages 27867-27869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11237]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0401; Directorate Identifier 2012-SW-047-AD]
RIN 2120-AA64

Airworthiness Directives; MD Helicopters Inc. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) for MD Helicopters Inc. (MDHI) Model 369A, 369D, 369E, 369H, 
369HE, 369HM, 369HS, 369F and 369FF helicopters with certain MDHI or 
Helicopter Technology Company (HTC) tail rotor blades installed. The 
existing AD currently requires reducing the retirement life of each 
tail rotor blade (blade), performing a one-time visual inspection of 
each blade's pitch horn (pitch horn) for a crack or corrosion, and 
replacing any cracked blade or any blade that has exceeded its 
retirement life with an airworthy blade. The AD also requires reporting 
information to the FAA within 24 hours following the one-time 
inspection. Since we issued that AD, an accident in England prompted an 
investigation that showed corrosion on the blade's pitch horn that had 
not been detected under the paint. This proposed AD would retain some 
of the requirements in the existing AD but would require paint removal 
for all pitch horn inspections, inspecting for pitting and the shot 
peen surface's condition in addition to cracks and corrosion, and would 
add certain part-numbered blades to the applicability. The proposed 
actions are intended to prevent a pitch horn from cracking, leading to 
vibration, loss of tail rotor pitch control, and subsequent loss of 
tail rotor and helicopter control.

DATES: We must receive comments on this proposed AD by July 12, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket 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 AD docket contains this proposed AD, the economic 
evaluation, any comments received and other information. The street 
address for the Docket Operations Office (telephone 800-647-5527) is in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt. For service information identified in this 
proposed AD, contact MD Helicopters, Inc., Attn: Customer Support 
Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, AZ 85215-9734; 
telephone 1-800-388-3378; fax 480-346-6813; email 
serviceengineering@mdhelicopters.com; Web site http://www.mdhelicopters.com or contact Helicopter Technology Company, 12923 
South Spring Street, Los Angeles, CA 90061; telephone 310-523-2750; 
email gburdorf@helicoptertech.com; Web site www.helicoptertech.com. You 
may review service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas 76137.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, 
Los

[[Page 27868]]

Angeles Aircraft Certification Office, Transport Airplane Directorate, 
FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone (562) 
627-5232; email fred.guerin@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    On July 2, 2003, we published AD No. 2003-08-51, Amendment 39-13215 
(68 FR 39449) for MDHI Model 369A, 369D, 369E, 369H, 369HE, 369HM, 
369HS, 369F and 369FF helicopters. AD No. 2003-08-51 requires reducing 
the retirement life of certain blades, performing a one-time visual 
inspection of each pitch horn for a crack or corrosion, and replacing 
an unairworthy blade with an airworthy blade. AD No. 2003-08-51 also 
requires revising the Airworthiness Limitations section of the 
helicopter maintenance manual to reflect the reduced retirement life, 
and reporting the information to the FAA within 24 hours following the 
one-time inspection. AD No. 2003-08-51 published in the Federal 
Register Emergency AD No. 2003-08-51, dated April 15, 2003. On August 
11, 2003, the Federal Register published a correction to AD No. 2003-
08-51 (68 FR 47447) to correct an error in a blade part number.
    AD No. 2003-08-51 (68 FR 39449, July 2, 2003) was prompted by two 
reports of cracked pitch horns that failed during flight. The failures 
were caused by a fatigue crack in the pitch horns that developed before 
the blades reached their retirement lives. The pilots, however, landed 
the helicopters without further incidents.
    The actions of AD No. 2003-08-51 (68 FR 39449, July 2, 2003) are 
intended to prevent a pitch horn from cracking and separating from the 
blade, leading to an unbalanced condition, vibration, loss of tail 
rotor pitch control, and loss of directional control of the helicopter.

Actions Since Existing AD Was Issued

    Since we published AD No. 2003-08-51 (68 FR 39449, July 2, 2003) 
and its correction (68 FR 47447, August 11, 2003), a June 2011 accident 
in England prompted an investigation that found corrosion on the pitch 
horn of the blade that had not been detected under the paint. The 
corrosion compromised the shot peen surface, which caused premature 
fatigue failure. The pilot survived the accident but suffered serious 
injuries. These actions are intended to detect a crack or condition 
that could cause a crack on the blades, as well as on blades 
manufactured or reworked since the issuance of AD No. 2003-08-51. We 
are including HTC blades in the applicability of the AD because that 
company manufactures blades for MDHI.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs.

Related Service Information

    We reviewed MDHI Service Bulletin SB369D-210/SB369E-105/SB369F-091/
SB369H-252, dated November 21, 2011, and HTC Mandatory Service Bulletin 
No. 3100-5, dated August 25, 2011 (service bulletins). The service 
bulletins specify removing the paint from the pitch horn, performing an 
inspection of the blade using a 10x magnifying glass and a bright 
light, repainting the pitch horn area, and repeating the inspection 
annually. The service bulletins state that no corrosion, pitting, or 
cracking is acceptable. The MDHI service bulletin adds that a lack, 
removal, or blending of the shot peen surface is unacceptable.

Proposed AD Requirements

    This proposed AD would require establishing a retirement life for 
new applicable blades of 400 hours time-in-service (TIS). Installed 
blades with 390 to 700 hours TIS would need to be replaced within 10 
hours TIS. Blades with more than 700 hours TIS would need to be 
replaced before further flight. Within 60 days and thereafter at 
intervals not to exceed one year, all other blades would need to be 
inspected with a 10X magnifying glass for a crack, pitting, corrosion 
and the condition of the dimpled shot peen surface. If there is a 
crack, pitting, corrosion or a nonconforming shot peen surface, then we 
would require replacement of the blade with an airworthy blade.

Differences Between the Proposed AD and the Service Information

    The service bulletins require the initial corrosion inspection 
within 5 flight hours and annually thereafter. This AD proposes that 
the initial corrosion inspection occur within 60 days and annually 
thereafter.
    We use the term ``pitch horn'' to describe the section that 
connects the blade to the tail rotor pitch link. The service bulletins 
use the term ``pitch control arm.''

Costs of Compliance

    We estimate that this proposed AD would affect 827 helicopters of 
U.S. Registry and that labor costs would average $85 a work-hour. Based 
on these estimates, we expect the following costs:
     The inspection would require 4.5 work hours, and parts 
would cost $20 for a total cost of about $403 per helicopter and 
$333,281 for the U.S. fleet.
     Replacing a tail rotor blade, if needed, would require 1 
work hour. Parts would cost $15,951, for a total cost of $16,036 per 
helicopter.
     The cost would be negligible to revise the Airworthiness 
Limitations section of the maintenance manual to reflect a blade's new 
retirement life.

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

[[Page 27869]]

products identified in this rulemaking action.

Regulatory Findings

    We 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, I certify 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);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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 proposed AD and placed it in the AD docket.

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 removing Amendment 39-13215 (68 FR 
39449, August 11, 2003), and adding the following new airworthiness 
directive (AD):

MD Helicopters, Inc.: Docket No. FAA-2013-0401; Directorate 
Identifier 2012-SW-047-AD.

(a) Applicability

    This AD applies to MD Helicopters, Inc., (MDHI) Model 369A, 
369D, 369E, 369H, 369HE, 369HM, 369HS, 369F and 369FF helicopters 
with a tail rotor blade (blade) part number (P/N) 369D21640-501, 
369D21640-503, 369D21641-501, 369D21641-503, 369D21642-501, 
369D21642-503, 369D21643-501, or 369D21643-503 installed, or with a 
Helicopter Technology Company blade P/N 500P3100-101, 500P3100-301, 
500P3300-501, or 500P3500-701 installed, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as the tail rotor blade 
pitch horn (pitch horn) separating from the tail rotor blade, 
leading to an unbalanced condition, vibration, loss of tail rotor 
pitch control and loss of directional control of the helicopter.

 (c) Affected ADs

    This AD supersedes AD No. 2003-08-51, Amendment 39-13215 (68 FR 
39449, July 2, 2003; correction 68 FR 47447, August 11, 2003).

(d) Comments Due Date

    Comments are due July 12, 2013.

(e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(f) Required Actions

    (1) Before further flight, for each applicable blade, revise the 
Airworthiness Limitations section of the maintenance manual to 
reflect that the blade has a retirement life of 400 hours time-in-
service (TIS).
    (2) For helicopters with an applicable blade installed that has 
390 through 700 hours TIS, within 10 hours TIS, replace the blade 
with an airworthy blade.
    (3) For all other applicable helicopters, within 60 days, and 
thereafter at intervals not to exceed one year, remove the paint 
from the blade pitch control arm in accordance with the 
Accomplishment Instructions, Section 2.A.(1) through 2.A.(3), of 
MDHI Service Bulletin SB369D-210/SB369E-105/SB369F-091/SB369H-252, 
dated November 21, 2011 (MDHI SB).
    (i) Using a 10X or higher power magnifying glass, inspect all 
four sides and the pocket of the blade pitch control arm for a 
crack, pitting, or corrosion and for the condition of the dimpled 
shot peen surface by referring to Figure 1 of the MDHI SB and by 
reviewing the rotorcraft maintenance records to determine whether 
rework was done in this area.
    (ii) If there is pitting, corrosion, a crack, blending or 
removal of any of the dimpled shot peen surface, or any indication 
that the shot peen has not been done, replace the blade with an 
airworthy blade.
    (iii) If there is no pitting, corrosion, cracks, or blending or 
removal of any of the dimpled shot peen surface, refinish the 
stripped pitch control arm in accordance with the Accomplishment 
Instructions, Section 2.A.(6) through 2.A.(7), of the MDHI SB.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office, FAA, 
may approve AMOCs for this AD. Send your proposal to: Fred Guerin, 
Aviation Safety Engineer, Los Angeles Aircraft Certification Office, 
Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, 
California 90712; telephone (562) 627-5232; email 
fred.guerin@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.
    (3) AMOCs approved previously in accordance with AD No. 2003-08-
51 (68 FR 39449, July 2, 2003; correction 68 FR 47447, August 11, 
2003) are approved as AMOCs for the corresponding requirements in 
this AD.

(h) Additional Information

    MD Helicopters Inc. maintenance manuals CSP-HMI2, TR12-001, CHP-
H-4, and TR12-001, which are not incorporated by reference, contain 
additional information about the subject of this AD. For service 
information identified in this AD, contact MD Helicopters, Inc., 
Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop 
M615, Mesa, AZ 85215-9734; telephone 1-800-388-3378; fax 480-346-
6813; email serviceengineering@mdhelicopters.com; Web site http://www.mdhelicopters.com or contact Helicopter Technology Company, 
12923 South Spring Street, Los Angeles, CA 90061; telephone 310-523-
2750; email gburdorf@helicoptertech.com; Web site 
www.helicoptertech.com. You may review a copy of this information at 
the FAA, Office of the Regional Counsel, Southwest Region, 2601 
Meacham Blvd., Room 663, Fort Worth, Texas 76137.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6410.

    Issued in Fort Worth, Texas, on April 26, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-11237 Filed 5-10-13; 8:45 am]
BILLING CODE 4910-13-P
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