On December 22, 1998, the FAA issued Priority Letter AD 99-01-09, applicable to Sikorsky Model S-76C helicopters, which requires, before further flight, installing a placard in the cockpit adjacent to the fuel quantity gauge that states "No flight operations to be conducted with less than 250 lbs. fuel in each tank." The AD must be placed in the Operating Limitations section of the Rotorcraft Flight Manual. The AD also requires, within 50 hours TIS or 30 calendar days, whichever occurs first, defueling, engine starting, and if necessary, inspecting fuel supply lines. Flight with less than 250 lbs. in each fuel tank could result in air getting into a fuel supply line, engine flame-out, and a subsequent forced landing.
The FAA has reviewed Sikorsky Aircraft Corporation Alert Service Bulletin No. 76-28-4, dated December 11, 1998, which describes procedures for a fuel line integrity test and an adjustment/replacement, if necessary, of the fuel supply lines.
Since the unsafe condition described is likely to exist or develop on other Sikorsky Model S-76C helicopters of the same type design, the FAA issued Priority Letter AD 99-01-09 to prevent air from getting into a fuel supply line when there is less than 250 lbs. of fuel in either fuel tank, engine flame-out, and a subsequent forced landing. The AD requires, before further flight, installing a placard in the cockpit adjacent to the fuel quantity gauge that states "No flight operations to be conducted with less than 250 lbs. fuel in each tank." The AD must be placed in the Operating Limitations section of the Rotorcraft Flight Manual. The AD also requires, within 50 hours TIS or 30 calendar days, whichever occurs first, defueling, engine starting, and if necessary, inspecting fuel supply lines. The short compliance time involved is required because the previously described critical unsafe condition can result in a forced landing. Therefore, defueling, engine starting, and ifnecessary, inspecting fuel supply lines are required within 50 hours TIS or 30 calendar days, whichever occurs first. Also, installing a placard and placing this AD in the Rotorcraft Flight Manual are required prior to 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 December 22, 1998 to all known U.S. owners and operators of Sikorsky Model S-76C helicopters. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons.
The FAA estimates that 7 helicopters of U.S. registry will be affected by this AD, that it will take approximately 3 work hours per helicopter toplacard and inspect the fuel supply lines, and the average labor rate is $60 per work hour. No parts are required. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $1,260 for all 7 helicopters.
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 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 helpfulin 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, both before and after the closing date for comments, 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 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. 98-SW-81-AD." The postcard will be date stamped and returned to the commenter.
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 have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
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, 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.
39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: