83 FR 39874 - Airworthiness Directives; Various Model 234 and Model CH-47D Helicopters

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 156 (August 13, 2018)

Page Range		39874-39877
FR Document		2018-17112

We are adopting a new airworthiness directive (AD) for various Model 234 and Model CH-47D helicopters. This AD requires inspections of the pitch housing and revising the pitch housing retirement life. This AD was prompted by reports of cracking in the pitch housing lugs. The actions of this AD are intended to detect and prevent an unsafe condition on these products.

Federal Register, Volume 83 Issue 156 (Monday, August 13, 2018)

[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39874-39877]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-17112]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4007; Product Identifier 2015-SW-064-AD; Amendment
39-19351; AD 2018-16-11]
RIN 2120-AA64

Airworthiness Directives; Various Model 234 and Model CH-47D
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for various
Model 234 and Model CH-47D helicopters. This AD requires inspections of
the pitch housing and revising the pitch housing retirement life. This
AD was prompted by reports of cracking in the pitch housing lugs. The
actions of this AD are intended to detect and prevent an unsafe
condition on these products.

DATES: This AD is effective September 17, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of September 17,
2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Helicopters, The Boeing Company, 1 S. Stewart Avenue,
Ridley Park, PA 19078, telephone 610-591-2121, and Columbia
Helicopters, Inc. (Columbia), 14452 Arndt Road NE, Aurora, OR 97002,
telephone (503) 678-1222, fax (503) 678-5841, or at http://www.colheli.com. You may review a copy of the referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

Examining the AD Docket

You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4007; 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

[[Page 39875]]

contains this AD, any incorporated-by-reference service information,
the Special Airworthiness Information Bulletin (SAIB), the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (phone: 800-647-5527) is U.S.
Department of Transportation, Docket Operations Office, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Chris Bonar, Aerospace Engineer,
Airframe Section, Seattle ACO Branch, FAA, 2200 S 216th Street, Des
Moines, WA 98198; telephone (206) 231-3521; email
Christopher.Bonar@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

On March 14, 2017, at 82 FR 13567, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 by adding an AD that would apply to Model 234 and Model CH-
47D helicopters with a pitch housing part number (P/N) 145R2075-11,
145R2075-12, 145R2075-13, 145R2075-14, 145R2075-15, 145R2075-16,
234R2075-1, or 234R2075-2 installed. The type certificate (TC) holder
for Model 234 helicopters is Columbia (TC previously held by Boeing
Defense & Space Group), and the TC holders for Model CH-47D helicopters
currently include Columbia, Billings Flying Service, Inc., and Tandem
Rotor, LLC. We did not limit the proposed AD to these TC holders
because we expect additional TC holders of helicopters that are subject
to this same unsafe condition.
The NPRM was prompted by reports of cracking in the pitch housing
lugs, located on the lead side of the lower vertical pin lug. The
reports initially prompted the FAA to issue SAIB SW-11-03, dated
October 22, 2010, which recommends that all owners and operators of
Columbia Model 234 helicopters perform repetitive ultrasonic
inspections of the lugs. At that time, there were no civil Model CH-47D
helicopters in service. On March 20, 2015, we received a report of
lateral vibration on a Model 234 helicopter caused by a crack in an aft
pitch housing upper lug. The crack was determined to be caused by
fatigue and attributed to underestimated load conditions in the
original life limit calculations. This cracking differed from the
cracking described in the SAIB.
To correct this unsafe condition, we proposed to require repetitive
eddy current and ultrasonic inspections of the pitch housing. Boeing,
the original manufacturer of both model helicopters, developed service
information for the SAIB ultrasonic inspections, which we proposed to
require in the NPRM. Due to the rapid growth rate, an effective eddy
current inspection must detect an inward-growing crack of no more than
0.10 inch. The NPRM proposed to require, for Columbia helicopters, the
eddy current inspection method specified in Columbia's service
information. Because the other TC holders have not developed service
instructions, we proposed to require the eddy current inspection
procedures for all other helicopters be submitted to the Seattle or
Denver Aircraft Certification Offices for approval.
We also proposed to require removing the pitch housing from service
when it accumulates a total of 8,200 hours time-in-service (TIS).
Forward pitch housings on Model CH-47D helicopters had no life limit
and the aft pitch housing already had a life limit of 8,200 hours TIS.
For Model 234 helicopters, the forward pitch housing had a life limit
of 12,547 hours TIS and the aft pitch housing had a life limit of
19,077 hours TIS. The NPRM proposed to establish or reduce these life
limits to 8,200 hours TIS for both forward and aft pitch housings,
regardless of the model helicopter.
The actions specified by the NPRM were intended to detect and
prevent a crack in a pitch housing lug. This condition could result in
loss of a rotor blade and consequent loss of helicopter control.
Since the NPRM was issued, the FAA's Aircraft Certification Service
has changed its organization structure. The new structure replaces
product directorates with functional divisions. We have revised some of
the office titles and nomenclature throughout this final rule to
reflect the new organizational changes. Additional information about
the new structure can be found in the Notice published on July 25, 2017
(82 FR 34564).

Ex Parte Contact

On October 25, 2017, after the comment period closed, we had a
teleconference with Columbia about Columbia's service information
identified in the NPRM. Columbia's comment during this teleconference
is addressed below. A summary of this discussion can be found in the
rulemaking docket at http://www.regulations.gov in Docket No. FAA-2015-
4007.

Comments

We gave the public an opportunity to participate in developing this
AD. The following presents the comments we received and the FAA's
response to each comment.

Request

One commenter supported the actions required by this AD.
Another commenter requested that we provide more information
regarding our determination to include all Model CH-47D and Model 234
helicopters in this AD, including the number of hours on the failed
Japanese military CH-47 pitch housing. This commenter suggested the
failures may be unique to the Model 234 helicopter or may result from
factors, such as high speed operations, a corrosive Japanese operating
environment, or inaccurate fatigue equations.
We agree to provide additional information regarding our
determination. The Japanese military CH-47 pitch housing failure
referenced in SAIB SW-11-03 failed due to fatigue cracking initiated by
fretting. The event occurred in 2006, and we do not have access to the
number of hours on the failed pitch housing. The reported pitch housing
lug cracks occurred on both the Model 234 and the Model CH-47D. These
models use identical rotor head design and components, including the
same part-numbered pitch housings. Therefore, we determined that the
life limits for the pitch housings on both models should be the same.
We found no indication that the lug failure resulted from the
Japanese operating environment. Investigation of the cracking did not
show evidence of damage originating at corrosion sites. The Japanese
operating environment is not unique as these aircraft operate worldwide
in a variety of conditions. We also found no indications that the
failures were due to inaccuracies in the Boeing Model 234 cycle count
equations. Our investigation concluded that the original fatigue life
evaluation excluded certain loading conditions and resulted in a life
limit that was too high.
Tandem Rotor requested the AD not impose a life limit on the
forward pitch housing or, alternatively, impose a life limit consistent
with the life limit of the MH-47E/G forward pitch housing of 24,975
hours TIS. As part of this request, Tandem Rotor asks us to reconsider
the service lives established by Boeing.
We disagree. We reviewed newer analyses than those considered by
Boeing, including fatigue loading that was not part of the original
design data. These newer analyses show a life limit is required on both
the forward and aft pitch housings. This is consistent with SAIB SW-11-
03, which included the

[[Page 39876]]

forward pitch housing despite cracks having only been found in service
on the aft pitch housing. The newer analyses do not support the 24,975-
hour life limit requested by Tandem Rotor. These helicopters are used
in a wide variety of operations. The life limits required by this AD
assume more severe usage than the average operator in order to fully
cover the range of different operators and usages. Individual operators
may request an alternative method of compliance if sufficient data is
submitted to substantiate a different life limit because their usage is
not as damaging to a particular part.
Tandem Rotor also requested that the repetitive ultrasonic
inspection interval be increased from 200 hours to 250 hours TIS to
align the inspection with an existing recurring 500-hour eddy current
inspection, thus reducing travel costs and simplifying maintenance
planning for the technician.
We disagree. We have determined that the 200-hour interval for the
inspection represents an appropriate time in which the required actions
can be performed in a timely manner within the affected fleet, while
still maintaining an adequate level of safety. A 250-hour interval did
not yield a sufficient safety margin when considering all usage
spectrums in the current fleet.
Columbia requested that we change the AD to make the eddy current
inspection requirement the same for all helicopters. In support of its
request, Columbia states that its service bulletin is proprietary and
should not be incorporated by reference (and thus made publicly
available) as an inspection method in the AD.
We agree. The inspection methods in the Columbia service
information is specific to Columbia helicopters. Because Columbia is
the only operator of its U.S. fleet, we determined there are no other
operators that need this information to perform the eddy current
inspections. We have changed the AD accordingly.

FAA's Determination

We have reviewed the relevant information, considered the comments
received, and determined that an unsafe condition exists and is likely
to exist or develop on other products of these same type designs and
that air safety and the public interest require adopting the AD with
the change previously described. This change will not increase the
economic burden on any operator or increase the scope of the AD.

Related Service Information Under 1 CFR Part 51

We reviewed Boeing Service Bulletin 145R2075-62-0001, Revision 1,
dated September 27, 2011, which specifies updated life limits for the
forward and aft pitch housings and revised overhaul and ultrasonic
inspection procedures for various military Model CH-47 and Model 234
helicopters.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

We also reviewed Columbia Helicopters, Inc. Alert Service Bulletin
No. 234-62-A0012, Revision 2, dated March 1, 2016, and Alert Service
Bulletin No. 47D-62-A0002, Revision 0, dated March 1, 2016. This
service information specifies performing repetitive eddy current
inspections, visual inspections, and ultrasonic inspections and for
reducing the life limit of the pitch housing assemblies.

Differences Between This AD and the Service Information

The service information provides different life limits for the
forward and aft pitch housings, while this AD requires a life limit of
8,200 hours TIS for all pitch housings. The service information
requires either an ultrasonic inspection or a dye penetrant inspection
as part of the overhaul procedures. The service information specifies
different compliance times for the inspections than what this AD
requires.

Costs of Compliance

We estimate that this AD affects 15 helicopters of U.S. Registry
and that labor costs average $85 per work-hour. Based on these
estimates, we expect the following costs:
An eddy current inspection requires 4 work-hours for a
total cost of $340 per helicopter and $5,100 for the U.S. fleet, per
inspection cycle.
An ultrasonic inspection requires 4 work-hours for a total
cost of $340 per helicopter and $5,100 for the U.S. fleet, per
inspection cycle.
Replacing a pitch housing requires 8 work-hours and parts
cost $13,000, for a total cost of $13,680 per helicopter.

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.

Regulatory Findings

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 this AD:
(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);
(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 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.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 adding the following new airworthiness
directive (AD):

[[Page 39877]]

2018-16-11 Various Model 234 and Model CH-47D Helicopters: Amendment
39-19351; Docket No. FAA-2015-4007; Product Identifier 2015-SW-064-
AD.

(a) Applicability

This AD applies to Model 234 and Model CH-47D helicopters,
regardless of type certificate holder, with a pitch housing assembly
(pitch housing) part number (P/N) 145R2075-11, 145R2075-12,
145R2075-13, 145R2075-14, 145R2075-15, 145R2075-16, 234R2075-1, or
234R2075-2 installed, certificated in any category.

(b) Unsafe Condition

This AD defines the unsafe condition as a crack in a pitch
housing lug. This condition could result in loss of a rotor blade
and consequent loss of helicopter control.

This AD becomes effective September 17, 2018.

(d) 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.

(e) Required Actions

(1) Before further flight, remove from service any pitch housing
P/N 145R2075-11, 145R2075-12, 145R2075-13, 145R2075-14, 145R2075-15,
145R2075-16, 234R2075-1, and 234R2075-2 that has accumulated 8,200
hours total time-in-service (TIS).
(2) Before the pitch housing accumulates 200 hours TIS after the
effective date of this AD and thereafter at intervals not to exceed
200 hours TIS, ultrasonic inspect the pitch housing for a crack in
accordance with Attachment 1, paragraphs F and H through K, of
Boeing Service Bulletin 145R2075-62-0001, Revision 1, dated
September 27, 2011. If there is a crack, replace the pitch housing
before further flight.
(3) Within 400 hours TIS after the effective date of this AD or
before the pitch housing has accumulated 4,000 hours total TIS,
whichever occurs later, and thereafter at intervals not to exceed
500 hours TIS, eddy current inspect the pitch housing for a crack.
If there is a crack, replace the pitch housing before further
flight. The eddy current inspection must be accomplished using a
method approved by the Manager, Seattle ACO Branch, or by the
Manager, Denver ACO Branch. For a repair method to be approved as
required by this AD, the manager's approval letter must specifically
refer to this AD.

(f) Alternative Methods of Compliance (AMOCs)

(1) For operators of helicopters with type certificates issued
by the Denver Aircraft Certificate Office or ACO Branch, the manager
of the Denver ACO Branch, FAA, may approve AMOCs for this AD. Send
your proposal to: Greg Johnson, Senior Aerospace Engineer, Denver
ACO Branch, Compliance and Airworthiness Division, FAA, 26805 East
68th Avenue, Denver, CO 80249; phone: 303-342-1083; fax: 303-342-
1088; email: Gregory.Johnson@faa.gov.
(2) All other AMOC requests should be sent to the Manager,
Seattle ACO Branch, FAA. Send your proposal to: Chris Bonar,
Aerospace Engineer, Airframe Section, Seattle ACO Branch, FAA, 2200
S 216th Street, Des Moines, WA 98198; telephone (206) 231-3521;
email 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(3) 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.

(g) Additional Information

Special Airworthiness Information Bulletin SW-11-03, dated
October 22, 2010 (SAIB); Columbia Helicopters, Inc., Alert Service
Bulletin No. 234-62-A0012, Revision 2, dated March 1, 2016; and
Columbia Helicopters, Inc., Alert Service Bulletin No. 47D-62-A0002,
Revision 0, dated March 1, 2016, which are not incorporated by
reference, contain additional information about the subject of this
AD. You may view the SAIB on the internet at http://www.regulations.gov in the AD Docket. For Columbia service
information identified in this final rule, contact Columbia
Helicopters, Inc., 14452 Arndt Road NE, Aurora, OR 97002, telephone
(503) 678-1222, fax (503) 678-5841, or at http://www.colheli.com.
You may view a copy of the referenced service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

(h) Subject

Joint Aircraft Service Component (JASC) Code: 6220, Main Rotor
Head.

(i) Material Incorporated by Reference

(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Service Bulletin 145R2075-62-0001, Revision 1, dated
September 27, 2011.
(ii) Reserved.
(3) For Boeing Helicopters service information identified in
this AD, contact Boeing Helicopters, The Boeing Company, 1 S.
Stewart Avenue, Ridley Park, PA 19078, telephone 610-591-2121.
(4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call (817) 222-5110.
(5) You may view this service information that is incorporated
by reference 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/cfr/ibr-locations.html.

Issued in Fort Worth, Texas, on July 27, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018-17112 Filed 8-10-18; 8:45 am]
BILLING CODE 4910-13-P

39874 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations

FR 32228. On July 17, 2017, following significant economic impacts for JCI Signed in Washington, DC, on August 3,
the denial of its request for stay of the resulting from a possibly 2018.
180-day extension and/or for unrepresentative test procedure; and (2) Stephen C. Skubel,
preliminary injunctive relief, Lennox the desire to maintain a level playing Assistant General Counsel for Litigation.
voluntarily dismissed its lawsuit. field for all central air conditioner [FR Doc. 2018–17187 Filed 8–10–18; 8:45 am]
Grant of JCI’s Application for Interim manufacturers. The issuance of the BILLING CODE 6450–01–P

Waiver interim waiver removes the first concern
and subjects the final determination on
As stated above, JCI submitted initial
the waiver request to the administrative DEPARTMENT OF TRANSPORTATION
and amended petitions for waiver and
process, including a notice-and-
interim waiver that raise concerns about Federal Aviation Administration
the equity of the challenged test comment period, in DOE’s waiver
procedure provisions. JCI contends that regulations at 10 CFR 430.27. Further,
even if DOE ultimately denies JCI’s 14 CFR Part 39
the challenged test procedure provisions
unfairly require central air conditioner amended waiver petition, an [Docket No. FAA–2015–4007; Product
systems that are approved for use with administrative stay would still no longer Identifier 2015–SW–064–AD; Amendment
R–407C refrigerant and are offered as be needed as DOE would have 39–19351; AD 2018–16–11]
new, matched systems to be tested as determined that the results of the test RIN 2120–AA64
outdoor units with no match. Under the procedure issued in the January 2017
outdoor unit with no match testing final rule accurately represent the Airworthiness Directives; Various
provisions, these systems are treated as energy use of JCI’s products.2 In that Model 234 and Model CH–47D
replacement outdoor units, regardless of case, there would be no concern about Helicopters
whether they are sold as new, matched possible significant economic impacts to
AGENCY: Federal Aviation
systems or replacement outdoor units, JCI resulting from an unrepresentative
Administration (FAA), DOT.
and are rated using default indoor test procedure.
parameters that approximate the ACTION: Final rule.
The waiver petition process also
performance of an old, previously addresses the second concern as any SUMMARY: We are adopting a new
installed indoor unit. As such, JCI manufacturer of a similar product may airworthiness directive (AD) for various
argues that the test procedure is not
also submit a waiver petition. In fact, if Model 234 and Model CH–47D
representative of the energy
DOE ultimately grants JCI’s amended helicopters. This AD requires
consumption of such central air
waiver petition, a manufacturer of a inspections of the pitch housing and
conditioners when installed in the field
similar product would be required to revising the pitch housing retirement
as new, matched systems. JCI proposes
submit a petition for waiver under life. This AD was prompted by reports
to evaluate the 1,178 system
DOE’s regulations. 10 CFR 430.27(j). of cracking in the pitch housing lugs.
combinations listed in its amended
Further, DOE has determined that the The actions of this AD are intended to
waiver petition and certified in DOE’s
waiver petition process is a better, more detect and prevent an unsafe condition
Compliance Certification Management
tailored approach to ensuring a level on these products.
System in a manner that is
representative of the true energy playing field as manufacturers are DATES: This AD is effective September
consumption of these products when required to propose alternative test 17, 2018.
installed as new, matched systems, procedures to the test procedure from The Director of the Federal Register
similar to how central air conditioners which the waiver is sought, which are approved the incorporation by reference
that use other refrigerants and are sold then subject to potential modification of certain documents listed in this AD
both as new, matched systems and as and approval by DOE. 10 CFR as of September 17, 2018.
replacement outdoor units are treated 430.27(b)(1)(iii). Because DOE explicitly ADDRESSES: For service information
under DOE’s test procedure. approves alternative test procedures, identified in this final rule, contact
While the administrative stay has there is no possibility of uncertainty Boeing Helicopters, The Boeing
been in place, DOE has continued to regarding how a product subject to a Company, 1 S. Stewart Avenue, Ridley
evaluate JCI’s initial and amended waiver should be tested. This also Park, PA 19078, telephone 610–591–
petitions for waiver and interim waiver. allows DOE to ensure that 2121, and Columbia Helicopters, Inc.
Based on a review of these petitions and manufacturers of similar products are (Columbia), 14452 Arndt Road NE,
JCI’s public-facing materials, it is DOE’s making energy efficiency Aurora, OR 97002, telephone (503) 678–
current understanding that the basic representations using the same 1222, fax (503) 678–5841, or at http://
models listed in JCI’s amended petition, alternative test procedure, which is www.colheli.com. You may review a
similar to central air conditioners that essential for maintaining integrity in a copy of the referenced service
use other refrigerants, are offered as market. information at the FAA, Office of the
both matched, new systems and as Regional Counsel, Southwest Region,
Based on the foregoing reasons, DOE
replacement outdoor units for existing 10101 Hillwood Pkwy, Room 6N–321,
lifts the administrative stay issued on Fort Worth, TX 76177.
systems. As a result, DOE determined
July 3, 2017.
that JCI’s amended petition for waiver Examining the AD Docket
would likely be granted and issued a 2 DOE will grant a waiver from the test procedure You may examine the AD docket on
decision granting JCI an interim waiver
sradovich on DSK3GMQ082PROD with RULES

requirements if the prescribed test procedures
subject to certain conditions. evaluate the basic model in a manner so
the internet at http://
unrepresentative of its true energy or water www.regulations.gov by searching for
Lifting of the Administrative Stay consumption characteristics as to provide and locating Docket No. FAA–2015–
In issuing the administrative stay, materially inaccurate comparative data. 10 CFR 4007; or in person at the Docket
430.27(f)(2). JCI argues that the test procedure
DOE determined that it was in the provisions in question result in materially
Operations Office between 9 a.m. and 5
interest of justice to do so based on two inaccurate comparative data for the basic models p.m., Monday through Friday, except
concerns: (1) The potential for listed in its amended petition. Federal holidays. The AD docket

VerDate Sep<11>2014 16:02 Aug 10, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\13AUR1.SGM 13AUR1

39876 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations

forward pitch housing despite cracks Related Service Information Under 1 detail the scope of the Agency’s
having only been found in service on CFR Part 51 authority.
the aft pitch housing. The newer We are issuing this rulemaking under
We reviewed Boeing Service Bulletin
analyses do not support the 24,975-hour the authority described in Subtitle VII,
145R2075–62–0001, Revision 1, dated
life limit requested by Tandem Rotor. Part A, Subpart III, Section 44701:
September 27, 2011, which specifies
These helicopters are used in a wide ‘‘General requirements.’’ Under that
updated life limits for the forward and
variety of operations. The life limits section, Congress charges the FAA with
aft pitch housings and revised overhaul
required by this AD assume more severe promoting safe flight of civil aircraft in
and ultrasonic inspection procedures for
usage than the average operator in order air commerce by prescribing regulations
various military Model CH–47 and
to fully cover the range of different for practices, methods, and procedures
Model 234 helicopters.
operators and usages. Individual the Administrator finds necessary for
This service information is reasonably
operators may request an alternative safety in air commerce. This regulation
available because the interested parties
method of compliance if sufficient data is within the scope of that authority
have access to it through their normal
is submitted to substantiate a different because it addresses an unsafe condition
course of business or by the means
that is likely to exist or develop on
life limit because their usage is not as identified in the ADDRESSES section.
products identified in this rulemaking
damaging to a particular part.
Other Related Service Information action.
Tandem Rotor also requested that the
repetitive ultrasonic inspection interval We also reviewed Columbia Regulatory Findings
be increased from 200 hours to 250 Helicopters, Inc. Alert Service Bulletin This AD will not have federalism
No. 234–62–A0012, Revision 2, dated implications under Executive Order
hours TIS to align the inspection with
March 1, 2016, and Alert Service 13132. This AD will not have a
an existing recurring 500-hour eddy
Bulletin No. 47D–62–A0002, Revision 0, substantial direct effect on the States, on
current inspection, thus reducing travel
dated March 1, 2016. This service the relationship between the national
costs and simplifying maintenance information specifies performing
planning for the technician. government and the States, or on the
repetitive eddy current inspections, distribution of power and
We disagree. We have determined that visual inspections, and ultrasonic responsibilities among the various
the 200-hour interval for the inspection inspections and for reducing the life levels of government.
represents an appropriate time in which limit of the pitch housing assemblies. For the reasons discussed above, I
the required actions can be performed in certify that this AD:
Differences Between This AD and the
a timely manner within the affected (1) Is not a ‘‘significant regulatory
Service Information
fleet, while still maintaining an action’’ under Executive Order 12866;
adequate level of safety. A 250-hour The service information provides (2) Is not a ‘‘significant rule’’ under
interval did not yield a sufficient safety different life limits for the forward and DOT Regulatory Policies and Procedures
margin when considering all usage aft pitch housings, while this AD (44 FR 11034, February 26, 1979);
spectrums in the current fleet. requires a life limit of 8,200 hours TIS (3) Will not affect intrastate aviation
for all pitch housings. The service in Alaska to the extent that it justifies
Columbia requested that we change information requires either an ultrasonic
the AD to make the eddy current making a regulatory distinction; and
inspection or a dye penetrant inspection (4) Will not have a significant
inspection requirement the same for all as part of the overhaul procedures. The
helicopters. In support of its request, economic impact, positive or negative,
service information specifies different on a substantial number of small entities
Columbia states that its service bulletin compliance times for the inspections under the criteria of the Regulatory
is proprietary and should not be than what this AD requires. Flexibility Act.
incorporated by reference (and thus We prepared an economic evaluation
made publicly available) as an Costs of Compliance
of the estimated costs to comply with
inspection method in the AD. We estimate that this AD affects 15 this AD and placed it in the AD docket.
We agree. The inspection methods in helicopters of U.S. Registry and that
labor costs average $85 per work-hour. List of Subjects in 14 CFR Part 39
the Columbia service information is
specific to Columbia helicopters. Based on these estimates, we expect the Air transportation, Aircraft, Aviation
Because Columbia is the only operator following costs: safety, Incorporation by reference,
of its U.S. fleet, we determined there are • An eddy current inspection requires Safety.
no other operators that need this 4 work-hours for a total cost of $340 per
helicopter and $5,100 for the U.S. fleet, Adoption of the Amendment
information to perform the eddy current
per inspection cycle. Accordingly, under the authority
inspections. We have changed the AD
accordingly. • An ultrasonic inspection requires 4 delegated to me by the Administrator,
work-hours for a total cost of $340 per the FAA amends 14 CFR part 39 as
FAA’s Determination helicopter and $5,100 for the U.S. fleet, follows:
per inspection cycle.
We have reviewed the relevant • Replacing a pitch housing requires PART 39—AIRWORTHINESS
information, considered the comments 8 work-hours and parts cost $13,000, for DIRECTIVES
received, and determined that an unsafe a total cost of $13,680 per helicopter.
condition exists and is likely to exist or ■ 1. The authority citation for part 39
Authority for This Rulemaking continues to read as follows:
sradovich on DSK3GMQ082PROD with RULES

develop on other products of these same
type designs and that air safety and the Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701.
public interest require adopting the AD specifies the FAA’s authority to issue
with the change previously described. rules on aviation safety. Subtitle I, § 39.13 [Amended]
This change will not increase the section 106, describes the authority of ■ 2. The FAA amends § 39.13 by adding
economic burden on any operator or the FAA Administrator. Subtitle VII: the following new airworthiness
increase the scope of the AD. Aviation Programs, describes in more directive (AD):

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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39877

2018–16–11 Various Model 234 and Model (2) All other AMOC requests should be Issued in Fort Worth, Texas, on July 27,
CH–47D Helicopters: Amendment 39– sent to the Manager, Seattle ACO Branch, 2018.
19351; Docket No. FAA–2015–4007; FAA. Send your proposal to: Chris Bonar, Scott A. Horn,
Product Identifier 2015–SW–064–AD. Aerospace Engineer, Airframe Section,
Deputy Director for Regulatory Operations,
Seattle ACO Branch, FAA, 2200 S 216th
(a) Applicability Compliance & Airworthiness Division,
Street, Des Moines, WA 98198; telephone
This AD applies to Model 234 and Model Aircraft Certification Service.
(206) 231–3521; email 9-ANM-Seattle-ACO-
CH–47D helicopters, regardless of type AMOC-Requests@faa.gov. [FR Doc. 2018–17112 Filed 8–10–18; 8:45 am]
certificate holder, with a pitch housing (3) For operations conducted under a 14 BILLING CODE 4910–13–P
assembly (pitch housing) part number (P/N) CFR part 119 operating certificate or under
145R2075–11, 145R2075–12, 145R2075–13, 14 CFR part 91, subpart K, we suggest that
145R2075–14, 145R2075–15, 145R2075–16, you notify your principal inspector, or
234R2075–1, or 234R2075–2 installed, lacking a principal inspector, the manager of DEPARTMENT OF THE INTERIOR
certificated in any category. the local flight standards district office or
certificate holding district office before National Indian Gaming Commission
(b) Unsafe Condition operating any aircraft complying with this
This AD defines the unsafe condition as a AD through an AMOC. 25 CFR Part 542
crack in a pitch housing lug. This condition
could result in loss of a rotor blade and (g) Additional Information RIN 3141–AA55
consequent loss of helicopter control. Special Airworthiness Information Bulletin
SW–11–03, dated October 22, 2010 (SAIB); Minimum Internal Control Standards
(c) Effective Date Columbia Helicopters, Inc., Alert Service
This AD becomes effective September 17, Bulletin No. 234–62–A0012, Revision 2,
AGENCY: National Indian Gaming
2018. dated March 1, 2016; and Columbia Commission, Department of the Interior.
Helicopters, Inc., Alert Service Bulletin No. ACTION: Notification of final rulemaking;
(d) Compliance
47D–62–A0002, Revision 0, dated March 1, stay.
You are responsible for performing each 2016, which are not incorporated by
action required by this AD within the reference, contain additional information SUMMARY: The National Indian Gaming
specified compliance time unless it has about the subject of this AD. You may view Commission (NIGC) is suspending its
already been accomplished prior to that time. the SAIB on the internet at http:// minimum internal control standards
(e) Required Actions www.regulations.gov in the AD Docket. For (MICS) for Class III gaming under the
Columbia service information identified in
(1) Before further flight, remove from this final rule, contact Columbia Helicopters, Indian Gaming Regulatory Act. Updated
service any pitch housing P/N 145R2075–11, Inc., 14452 Arndt Road NE, Aurora, OR guidance for Class III MICS will now be
145R2075–12, 145R2075–13, 145R2075–14, 97002, telephone (503) 678–1222, fax (503) maintained at www.nigc.gov.
145R2075–15, 145R2075–16, 234R2075–1, 678–5841, or at http://www.colheli.com. You DATES: This rule is effective September
and 234R2075–2 that has accumulated 8,200 may view a copy of the referenced service
hours total time-in-service (TIS). 27, 2018. Title 25 CFR part 542 is stayed
information at the FAA, Office of the effective September 27, 2018.
(2) Before the pitch housing accumulates Regional Counsel, Southwest Region, 10101
200 hours TIS after the effective date of this Hillwood Pkwy, Room 6N–321, Fort Worth, FOR FURTHER INFORMATION CONTACT:
AD and thereafter at intervals not to exceed TX 76177. Jennifer Lawson at 202–632–7003 or
200 hours TIS, ultrasonic inspect the pitch write to info@nigc.gov.
housing for a crack in accordance with (h) Subject
Attachment 1, paragraphs F and H through K, SUPPLEMENTARY INFORMATION:
Joint Aircraft Service Component (JASC)
of Boeing Service Bulletin 145R2075–62– Code: 6220, Main Rotor Head. I. Background
0001, Revision 1, dated September 27, 2011.
If there is a crack, replace the pitch housing (i) Material Incorporated by Reference The NIGC Class III MICS were
before further flight. (1) The Director of the Federal Register promulgated in 1999 and last
(3) Within 400 hours TIS after the effective approved the incorporation by reference of substantively revised in 2005. In 2006,
date of this AD or before the pitch housing the service information listed in this the D.C. Circuit Court of Appeals in
has accumulated 4,000 hours total TIS, paragraph under 5 U.S.C. 552(a) and 1 CFR Colorado River Indian Tribes v. Nat’l
whichever occurs later, and thereafter at part 51.
intervals not to exceed 500 hours TIS, eddy
Indian Gaming Comm’n, 466 F.3d 134
(2) You must use this service information
current inspect the pitch housing for a crack. as applicable to do the actions required by (CRIT v. NIGC), held that NIGC lacked
If there is a crack, replace the pitch housing this AD, unless the AD specifies otherwise. authority to enforce or promulgate Class
before further flight. The eddy current (i) Boeing Service Bulletin 145R2075–62– III MICS. Since that time, the Class III
inspection must be accomplished using a 0001, Revision 1, dated September 27, 2011. MICS have remained untouched.
method approved by the Manager, Seattle (ii) Reserved. Technology has advanced rapidly,
ACO Branch, or by the Manager, Denver ACO (3) For Boeing Helicopters service though, making some standards obsolete
Branch. For a repair method to be approved information identified in this AD, contact and introducing new areas of risk not
as required by this AD, the manager’s Boeing Helicopters, The Boeing Company, 1 contemplated by the outdated
approval letter must specifically refer to this S. Stewart Avenue, Ridley Park, PA 19078,
AD. telephone 610–591–2121. standards. And yet, many tribal-state
(4) You may view this service information compacts—even those entered into
(f) Alternative Methods of Compliance at FAA, Office of the Regional Counsel, since 2006—continue to adopt NIGC
(AMOCs) Southwest Region, 10101 Hillwood Pkwy, Class III MICS by reference.
(1) For operators of helicopters with type Room 6N–321, Fort Worth, TX 76177. For
certificates issued by the Denver Aircraft information on the availability of this II. Development of the Rule
Certificate Office or ACO Branch, the material at the FAA, call (817) 222–5110. In light of the ruling in CRIT v. NIGC
sradovich on DSK3GMQ082PROD with RULES

manager of the Denver ACO Branch, FAA, (5) You may view this service information and recognizing the industry’s need for
may approve AMOCs for this AD. Send your that is incorporated by reference at the updated standards, the NIGC sought
proposal to: Greg Johnson, Senior Aerospace National Archives and Records
Engineer, Denver ACO Branch, Compliance Administration (NARA). For information on comment on what to do with the
and Airworthiness Division, FAA, 26805 East the availability of this material at NARA, call outdated standards still remaining in
68th Avenue, Denver, CO 80249; phone: 303– (202) 741–6030, or go to: http:// the regulations and whether to draft
342–1083; fax: 303–342–1088; email: www.archives.gov/federal-register/cfr/ibr- updated, non-binding guidance for Class
Gregory.Johnson@faa.gov. locations.html. III MICS. Between 2015 and 2016, over

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Document Created: 2018-08-11 00:28:10
Document Modified: 2018-08-11 00:28:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This AD is effective September 17, 2018.
Contact		Chris Bonar, Aerospace Engineer, Airframe Section, Seattle ACO Branch, FAA, 2200 S 216th Street, Des Moines, WA 98198; telephone (206) 231-3521; email [email protected]
FR Citation		83 FR 39874
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

83 FR 39874 - Airworthiness Directives; Various Model 234 and Model CH-47D Helicopters

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 83, Issue 156 (August 13, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration