AD 96-08-03

This amendment adopts a new airworthiness directive (AD), applicable to Flight Trails Helicopters, Inc. hardpoint assemblies, installed in accordance with Supplemental Type Certificate (STC) No. SH6080NM, or in accordance with Federal Aviation Administration (FAA) Form 337, "Major Repair and Alteration," approved on McDonnell Douglas Helicopter Systems (MDHS) Model 369D, 369E, 369F, 369FF, and 500N helicopters, that requires removing any Flight Trails Helicopters, Inc. hardpoint assembly not identified by part number (P/N) and serial number (S/N). This amendment is prompted by two incidents in which the hardpoint assembly used to support a search light or night vision system reportedly failed. The actions specified by this AD are intended to prevent failure of the hardpoint assembly, separation of the hardpoint assembly from the helicopter, and subsequent contact between the hardpoint assembly and the fuselage or rotor system of the helicopter.

Final rule.

96-08-03 FLIGHT TRAILS HELICOPTERS, INC.: Amendment 39-9569. Docket No. 95-SW-19-AD.

Applicability: McDonnell Douglas Helicopters Systems (MDHS) Model 369D, 369E, 369F, 369FF, and 500N helicopters, that have been modified in accordance with Supplemental Type Certificate (STC) No. SH6080NM, or in accordance with a Federal Aviation Administration (FAA) Form 337, "Major Repair and Alteration," using Flight Trails Helicopters, Inc. hardpoint assemblies, 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.

NOTE 2: Information concerning the hardpoint assemblies may be obtained from Flight Trails Helicopters, Inc., ATTN: Mr. Larry Anderson, 4805 Falcon Drive, Mesa, Arizona 85205, telephone (602) 396-8242.

Compliance: Required as indicated, unless accomplished previously.

To prevent failure of the hardpoint assembly, separation of the hardpoint assembly from the helicopter, and subsequent contact between the hardpoint assembly and the fuselage or rotor system of the helicopter, accomplish the following:

(a) Before further flight, remove from the helicopter any Flight Trails Helicopters, Inc. hardpoint assembly not marked with a part number (P/N) and serial number (S/N) by removing the NAS 1351-3 cap screw that secures the hardpoint assembly to the jacking fitting, P/N 369H2521-1 and -2, and slipping the hardpoint assembly out of the step mount. The only Flight Trails Helicopters, Inc. hardpoint assemblies that are considered airworthy and eligible for installation are those hardpoint assemblies marked with a serial number and either P/N FTH 105 LH Mod 1, for a hardpoint assembly mounted on the left side of the helicopter, or P/N FTH 105 RH Mod 1, for a hardpoint assembly mounted on the right side.

(b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used when approved by the Manager, Los Angeles Aircraft Certification Office, FAA. 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 3: 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 to a location where the requirements of this AD can be accomplished.

(d) This amendment becomes effective on May 20, 1996.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to Flight Trails Helicopters, Inc. hardpoint assemblies installed in accordance with STC No. SH6080NM, or in accordance with FAA Form 337, "Major Repair and Alteration," approved on MDHS Model 369D, 369E, 369F, 369FF, and 500N helicopters, was published in the Federal Register on September 19, 1995 (60 FR 48428). That action proposed to require, before further flight, removing the hardpoint assemblies not marked by a part number and a serial number from the affected helicopters. These hardpoint assemblies are used to secure a searchlight or night vision system to the affected helicopter.

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 thatair safety and the public interest require the adoption of the rule as proposed, except for adding the -1 and -2 to further identify the jacking fitting part number. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of this AD.

The FAA estimates that 59 helicopters of U.S. registry will be affected by this AD, that it will take approximately 1 work hour 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 AD on U.S. operators is estimated to be $3,540.

The regulations adopted herein will 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 final rule does not havesufficient federalism implications to warrant the preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this action (1) is not a "significant regulatory action" under Executive Order 12866; (2) is not a "significant rule" under 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from 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.

Adoption of the Amendment
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
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.

39.13 - [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: