On August 20, 2008, we issued Emergency AD 2008-18-51 for 500N, 600N, and MD900 helicopters. Emergency AD 2008-18- 51 was prompted by reports that 2 MD900 helicopters experienced failed vertical stabilizer control system (VSCS) adapter tubes. In one case, the helicopter experienced an uncommanded yaw, resulting in loss of a window and a door. The Emergency AD required several actions related to the YSAS for the Model 500N and 600N helicopters and to the vertical stabilizer control system (VSCS) for the Model MD900 helicopters.
After we issued Emergency AD 2008-18-51, we discovered that pulling the circuit breaker per the Emergency AD caused impaired directional control, which could result in loss of control of the helicopter. Therefore, on August 27, 2008, we issued superseding Emergency AD 2008- 18-52, which requires, for Model 500N, 600N and MD900 helicopters, turning OFF the VSCS or YSAS switches instead of pulling the circuit breakers and installing placards that limit airspeed to 100 KIAS or VNE, whichever is less. For the Model MD900 helicopters, limiting flight to VFR, prohibiting use of the autopilot, and making changes to the Emergency Procedures and Airworthiness (sic) Limitations sections of the RFM are also required. For all of the helicopter models, Emergency AD 2008-18-52 requires, within 45 days, terminating action by replacing the adapter tube with an airworthy adapter tube that has a date stamp of August 15, 2008 or later, and then removing the placards, removing the AD limitation changes from the RFM, and returning all switches and circuit breakers to their normal positions.
Since the issuance of Emergency AD 2008-18-52, we have had additional occurrences of failed adapter tubes on the MD900 helicopters. The replacement adapter tube that was terminating action for the requirements of Emergency AD 2008-18-52 failed on 2 of the MD900 helicopters. Furthermore, adapter tubes without a production date code stamp remain asafety concern on the 500N and 600N helicopters because they may not conform to the FAA-approved design. Therefore, we separated the AD actions and issued 2 superseding Emergency ADs; 2008- 22-52 for the 500N and 600N helicopters, and 2008-22-53 for the MD900 helicopters.
Emergency AD 2008-22-52 applies to the 500N and 600N helicopters and continues to require the same actions as Emergency AD 2008-18-52; however, we made minor editorial changes as well as the following changes:
We do not include any serial numbers in the applicability because this unsafe condition can occur on any helicopter with the affected adapter tube installed.
We require that the limitations section of the RFM be revised to reflect the airspeed limitation required by the placard.
We require that replacement adapter tubes have a production date code stamped on them to determine that the parts are airworthy (e.g., 08-08 indicates a production date of August 2008).
We have reviewed MDHI Service Bulletin (SB) SB500N-040R1/SB600N- 047R1 dated August 27, 2008. The SB specifies de-energizing the YSAS, installing a placard that limits the airspeed, and replacing the YSAS adapter.
Since the unsafe condition described is likely to exist or develop on other MDHI Model 500N and 600N helicopters of the same type designs, we issued superseding Emergency AD 2008-22-52 to prevent loss of yaw control and subsequent loss of control of the helicopter. The Emergency AD requires the following before further flight:
Turning OFF the YSAS switch.
Installing a placard on the instrument panel as close as practicable to the airspeed indicator that states:
"YSAS SYSTEM IS OFF. AIRSPEED LIMIT 100 KIAS or VNE, WHICHEVER IS LESS."
Revising the limitations section of the RFM to limit the airspeed to 100 KIAS or VNE, whichever is less.
The Emergency AD also requires replacing adapter tubes without a production date code stamp with adapter tubes that have a production date code stamp within 45 days and is terminating action for the requirements of the Emergency AD. After replacing the affected adapter tubes, the Emergency AD requires removing the placards, removing the revisions that were made to the RFM because of the Emergency AD, and returning the YSAS system to its normal position. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the controllability of the helicopter. Therefore, the actions described previously are required before further flight and within 45 days, and this AD must be issued immediately.
Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual letters issued on October 23, 2008 to all known U.S. owners and operators of MDHI Model 500N and 600N helicopters. These conditions stillexist, and the AD is hereby published in the Federal Register as an amendment to 14 CFR 39.13 to make it effective to all persons.
We estimate that this AD will affect 65 helicopters of U.S. registry. The required actions will take about 6 work hours per helicopter, at an average labor rate of $80 per work hour. Required parts will cost about $920 per helicopter. Based on these figures we estimate the total cost impact of the AD on U.S. operators to be $91,000 ($1,400 per helicopter). However, MDHI states in their service information that required YSAS adapters will be supplied at no cost and labor costs of 5.7 hours will be covered under labor warranty. Assuming operators take advantage of these credits, we estimate that this AD will have a negligible cost impact on U.S. operators.
Comments Invited
This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include "Docket No. FAA-2008-1244; Directorate Identifier 2008-SW-59-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments.
We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of our docket Web site, you can find and read the comments to any of our dockets, including the name of the individual who sent the comment. You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78).
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, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the FederalAviation 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 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: