[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Rules and Regulations]
[Pages 61984-61985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-40-AD; Amendment 39-12896; AD 2002-15-51]
RIN 2120-AA64


Airworthiness Directives; Sikorsky Aircraft Corporation Model 
S76A, B, and C Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2002-15-51, sent previously to 
all known U.S. owners and operators of the specified Sikorsky Aircraft 
Corporation (Sikorsky) helicopters by individual letters. This AD 
requires, before further flight, identifying and removing any main 
rotor blade (blade) that has been damaged by lightning and any blade 
with an unclear service history. This AD is prompted by the failure of 
a blade due to lightning strike damage. The actions specified by this 
AD are intended to prevent failure of a blade and subsequent loss of 
control of the helicopter.

DATES: Effective October 18, 2002, to all persons except those persons 
to whom it was made immediately effective by Emergency AD 2002-15-51, 
issued on July 26, 2002, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 18, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before December 2, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2002-SW-40-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: [email protected].
    The applicable service information may be obtained from Sikorsky 
Aircraft Corporation, Attn: Manager, Commercial Tech Support, 6900 Main 
Street, Stratford, Connecticut 06614, phone (203) 386-3001, fax (203) 
386-5983. This information may be examined at the FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort 
Worth, Texas; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Richard Noll, Aviation Safety 
Engineer, Boston Aircraft Certification Office, 12 New England 
Executive Park, Burlington, MA 01803, telephone (781) 238-7160, fax 
(781) 238-7199.

SUPPLEMENTARY INFORMATION: On July 26, 2002, the FAA issued Emergency 
AD 2002-15-51, for the specified Sikorsky model helicopters, which 
requires, before further flight, reviewing the blade service records 
and identifying and removing any blade damaged by lightning or any 
blade with an unclear service history. That action was prompted by the 
failure of a blade due to lightning strike damage. This condition, if 
not corrected, could result in blade failure and subsequent loss of 
control of the helicopter.
    The FAA has reviewed Sikorsky Alert Service Bulletin No. 76-65-55A, 
dated July 25, 2002 (ASB). The ASB specifies reviewing the component 
log cards or, if necessary, other maintenance and operational records 
or the service history to determine if a blade has been damaged by a 
lightning strike, either in flight or on the ground. If the records 
indicate that a blade has been damaged by a lightning strike, the ASB 
specifies removing it from service before the next flight. If the 
service history cannot be determined, the ASB specifies removing the 
blade before the next flight.
    Since the unsafe condition described is likely to exist or develop 
on other specified model helicopters of these same type designs, the 
FAA issued Emergency AD 2002-15-51 to prevent failure of a blade and 
subsequent loss of control of the helicopter. The AD requires the 
following before further flight:
    [sbull] Reviewing the records for damage to a blade due to a 
lightning strike.
    [sbull] Removing any blade that has been damaged by lightning.
    [sbull] Removing any blade if the blade service history cannot be 
determined.
    [sbull] Removing any blade with lightning strike damage.

The actions must be accomplished in accordance with the ASB described 
previously. The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
structural integrity and controllability of the helicopter. Therefore, 
reviewing the records for lightning strike damage, removing any blade 
damaged by lightning, and removing any blade if the blade service 
history is unclear are required before further flight, 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 July 26, 2002, to all known U.S. owners and operators of the 
specified Sikorsky model helicopters. These conditions still exist, 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.
    The FAA estimates that this AD will affect 150 helicopters of U.S. 
registry and will take approximately 2 work hours per helicopter to 
accomplish the required actions at an average labor rate of $60 per 
work hour. Required parts will cost approximately $102,640 per 
helicopter. Based on these figures, the total cost impact of the AD on 
U.S. operators is estimated to be $15, 414,000.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are

[[Page 61985]]

invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications should identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available in the Rules Docket for examination by interested persons. A 
report that summarizes each FAA-public contact concerned with the 
substance of this AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their mailed 
comments submitted in response to this rule must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2002-SW-40-AD.'' The postcard will be date 
stamped and returned to the commenter.
    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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, Incorporation by 
reference, 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 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:

2002-15-51 Sikorsky Aircraft Corporation: Amendment 39-12896. Docket 
No. 2002-SW-40-AD.

    Applicability: Model S-76A, B, and C helicopters, certificated 
in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required before further flight, unless accomplished 
previously.
    To prevent failure of a main rotor blade (blade) and subsequent 
loss of control of the helicopter, accomplish the following:
    (a) Review the blade service records and other records in 
accordance with the Accomplishment Instructions, paragraphs 3.A.(1), 
(2), and (3), of Sikorsky Aircraft Corporation Alert Service 
Bulletin No. 76-65-55A, dated July 25, 2002, for evidence of damage 
to a blade due to a lightning strike. Before further flight, remove 
any blade identified as having been damaged by lightning.
    (b) Remove blades, serial number A086-00167, 00429, 00798, 
00999, 01165, 01168, 01291, and 02504, which are known to have 
sustained lightning damage.
    (c) If the blade service history cannot be determined, remove 
the blade from service before further flight.
    (d) After the effective date of this AD, should a blade be 
subjected to lightning strike damage, remove the blade from service 
before the next flight.
    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Boston Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
FAA Principal Maintenance Inspector, who may concur or comment and 
then send it to the Manager, Boston ACO. Blades removed from service 
in accordance with this AD may be returned to service under a 
process approved by the Manager, Boston ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Boston ACO.

    (f) Special flight permits will not be issued.
    (g) Reviewing the blades service records and other records shall 
be done in accordance with the Accomplishment Instructions, 
paragraphs 3.A.(1), (2), and (3) of Sikorsky Aircraft Corporation 
Alert Service Bulletin No. 76-65-55A, dated July 25, 2002. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Sikorsky Aircraft Corporation, Attn: 
Manager, Commercial Tech Support, 6900 Main Street, Stratford, 
Connecticut 06614, phone (203) 386-3001, fax (203) 386-5983. 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 Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (h) This amendment becomes effective on October 18, 2002, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2002-15-51, issued July 26, 2002, which 
contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on September 18, 2002.
Eric D. Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-24994 Filed 10-2-02; 8:45 am]
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