[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Rules and Regulations]
[Pages 16114-16116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7780]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0772; Directorate Identifier 2008-SW-30-AD; 
Amendment 39-15872; AD 2009-07-13]
RIN 2120-AA64


Airworthiness Directives; MD Helicopters, Inc. Model MD900 
(including the MD902 Configuration) Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the specified MD Helicopters, Inc. (MDHI) model helicopters that 
requires, within 30 days, reducing the current gross weight limit to a 
maximum gross weight limit of 5,400 pounds and inserting a copy of this 
AD into the Limitations section of the Rotorcraft Flight Manual (RFM) 
or making certain optional modifications that constitute terminating 
actions. This amendment is prompted by flight tests that show that the 
information currently listed in the Limitations section of the RFM is 
inconsistent with the actual performance of the helicopter. The actions 
specified by this AD are intended to prevent loss of directional 
control of the helicopter.

DATES: Effective May 14, 2009.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 14, 2009.

ADDRESSES: You may get the service information 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.
    Examining the Docket: You may examine the docket that contains this 
AD, any comments, and other information on the Internet at http://www.regulations.gov or at the Docket Operations office, West Building 
Ground Floor, Room W12-140, 1200

[[Page 16115]]

New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Chip Adam, Flight Test Pilot, FAA, Los 
Angeles Aircraft Certification Office, Flight Test Branch, 3960 
Paramount Blvd., Lakewood, California 90712-4137, telephone (562) 627-
5369, fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to 
include an AD for the specified model helicopters was published in the 
Federal Register on July 28, 2008 (73 FR 43646). That action proposed 
to require, for helicopters that have not complied with MDHI Mandatory 
SB900-099 R1, dated December 27, 2006 (SB), reducing the gross weight 
limit to a maximum gross weight limit of 5,400 pounds and inserting a 
copy of the AD into the Limitations section of the RFM. These actions 
would be required within 30 days. The proposed AD also included 
optional terminating actions for the weight reduction. Those 
terminating actions would be to:
    <bullet> Determine if a NOTAR fan felt seal part number (P/N) 
900F3441025-103 is installed. If a NOTAR fan felt seal, P/N 
900F3441025-103, is not installed, replace the installed seal with an 
airworthy NOTAR fan felt seal, P/N 900F3441025-103, before further 
flight; and
    <bullet> Install a thruster extension kit in accordance with 
specified portions of SB.
    We have reviewed the SB, which describes procedures for adjusting 
the directional control system rigging, installing a thruster extension 
kit, and verifying that a NOTAR fan felt seal, part number (P/N) 
900F3441025-103 is installed. The SB specifies that failure to comply 
with the procedures may result in reduced anti-torque control during 
certain combinations of high gross weight, density altitude, and wind 
critical conditions. The SB also indicates that the maximum gross 
weight of the helicopter will be lowered if the SB is not complied 
with.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposal or the FAA's determination of the cost to the public. The FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed.
    We estimate that this AD affects 31 helicopters of U.S. registry. 
The estimated lost revenue attributable to the gross weight reduction 
is $1,750,000 per helicopter over the life of the helicopter. It takes 
approximately [frac1/2] work hour per helicopter to insert the AD into 
the Limitations section of the RFM; 8 work hours to adjust the 
directional control system rigging; 8 work hours to install a NOTAR fan 
felt seal; and 24 work hours to install a thruster extension kit at an 
average labor rate of $80 per work hour. The NOTAR fan felt seal and 
thruster extension kit cost approximately $16,000. However, the 
manufacturer has stated that they will provide the fan felt seal and 
the thruster extension kit to all operators at no cost to them and that 
they will also provide each affected operator a credit for the labor 
costs for a total of 32 work hours for those work hours required to 
perform the directional control rigging adjustment (8 work hours) and 
installation of the thruster extension kit (24 work hours). Based on 
these figures, the total estimated cost impact of this AD on U.S. 
operators is $1,920, assuming (1) The entire fleet chooses to modify 
their affected helicopter in accordance with the optional terminating 
action provision of this AD and there is no reduction in gross weight 
necessary, (2) the manufacturer covers all the costs of the parts and 
the labor costs associated with the rigging adjustment and installation 
of the thruster extension kit and (3) only 3 helicopters need to have a 
new fan felt seal installed.

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:

2009-07-13 MD Helicopters, Inc.: Amendment 39-15872. Docket No. FAA-
2008-0772; Directorate Identifier 2008-SW-30-AD.

    Applicability: Model MD900 (including MD902 Configuration) 
helicopters that have not complied with MD Helicopters, Inc. (MDHI) 
Mandatory Service Bulletin SB900-099 R1, dated December 27, 2006, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent loss of directional control of the helicopter, 
accomplish the following:
    (a) Within 30 days, reduce the gross weight limit to a maximum 
gross weight limit of 5,400 pounds by inserting a copy of this AD 
into the Limitations section of the Rotorcraft Flight Manual.
    (b) As an optional terminating action for the weight reduction 
mandated by paragraph (a) of this AD, accomplish the following:
    (1) Determine if a NOTAR fan felt seal part number (P/N) 
900F3441025-103 is installed. If a NOTAR fan felt seal, P/N 
900F3441025-103, is not installed, replace the installed seal with 
an airworthy NOTAR fan felt seal, P/N 900F3441025-103, before 
further flight.
    (2) Install a thruster extension kit in accordance with the 
Accomplishment

[[Page 16116]]

Instructions, paragraph B.(3). through (17). of MDHI Mandatory 
SB900-099 R1, dated December 27, 2006, before further flight. 
Contacting the manufacturer is not required by this AD.
    (c) 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, 
ATTN: Chip Adam, Flight Test Pilot, FAA, Flight Test Branch, 3960 
Paramount Blvd., Lakewood, California 90712-4137, telephone (562) 
627-5369, fax (562) 627-5210, for information about previously 
approved alternative methods of compliance.
    (d) Special flight permits will not be issued.
    (e) The modification shall be done in accordance with the 
specified portions of MDHI Mandatory SB900-099 R1, dated December 
27, 2006. 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 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. 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 May 14, 2009.

    Issued in Fort Worth, Texas, on March 26, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-7780 Filed 4-8-09; 8:45 am]
BILLING CODE 4910-13-P