On March 23, 2009, we issued Emergency AD 2009-07-53 for Sikorsky Model S-92A helicopters, which requires, before further flight, removing all titanium studs that attach the MGB filter bowl assembly to the MGB and replacing them with steel studs. That action was prompted by the failure of 2 studs that were found broken during a fatal accident investigation in Canada. Before the accident, the manufacturer was investigating a July 2008 incident that also involved broken studs. In both cases, the broken studs resulted in rapid loss of MGB oil. The failures have been tied to fretting and galling of the original titanium studs. That emergency AD was published as Amendment 39-15886 on April 27, 2009 (74 FR 18977). This AD continues to require removing all titanium studs and replacing them with steel studs.
Since the fatal accident and since issuing AD 2009-07-53, Sikorsky has issued revisions to the Normal and Emergency procedures of the RFM. We have determinedthat these revisions are necessary because the existing procedures are unclear, may cause confusion, and may mislead the crew regarding MGB malfunctions, in particular the urgency to land immediately after warning indications of loss of MGB oil pressure and oil pressure below 5 psi. This action does not mandate the procedures the pilot must perform in an emergency, but requires making changes to the RFM to clarify and emphasize the Normal and Emergency procedures addressing specified MGB malfunctions, thus giving the pilot the necessary information to make an informed decision. We are superseding the existing AD to include the most recent RFM revisions because the revisions were not available when we originally issued AD 2009-07-53.
We have reviewed Sikorsky Alert Service Bulletin No. 92-63-014A, Revision A, dated March 20, 2009 (ASB), which describes procedures for removing titanium studs and replacing them with steel suds. We have also reviewed the RFM revisions and, after full coordination with Sikorsky, approved them on May 13, 2009. Sikorsky has since assured us that they have provided the revised RFM procedures to all affected operators. The RFM revisions are as follows:
SA S92A-RFM-000 Revision No. 4,
SA S92A-RFM-002 Revision No. 10,
SA S92A-RFM-003 Revision No. 10,
SA S92A-RFM-004 Revision No. 8,
SA S92A-RFM-005 Revision No. 7,
SA S92A-RFM-006 Revision No. 8, and
S92A-RFM Supplement No. 3, Revision No. 2.
In addition to the RFM revisions, we have also reviewed associated Errata Sheets, dated June 4, 2009, that provide corrections to those RFM revisions; however, we are not mandating that they be incorporated.
Since an unsafe condition has been identified that is likely to exist or develop on other Sikorsky Model S-92A helicopters of the same type design, this AD supersedes AD 2009-07-53 to require, before further flight, removing all titanium studs and replacing them with steel studs. These actions must be accomplished by following the specified portions of the ASB described previously. Because the critical unsafe condition can adversely affect the structural integrity and controllability of the helicopter, AD 2009-07-53 remains in full effect until the effective date of this AD.
Making the Normal and Emergency RFM revisions that were not available when we issued AD 2009-07-53 is required within 10 hours time-in-service. The short compliance time is required because certain procedures in the existing RFM may be misleading, presenting an unacceptable level of risk, and because the required RFM revisions are already approved by the FAA and available to operators, imposing a minimal burden. Therefore, it is found that notice and opportunity for prior public comment hereon are unnecessary and contrary to the public interest, and that good cause also exists for making this amendment effective in less than 30 days.
We estimate that this AD will affect 35 helicopters of U.S. registry. Replacing the studs will take approximately 6 work hours per helicopter to accomplish at an average labor rate of $80 per work hour. In accordance with the ASB, required parts and tooling are available at no cost. Making the changes to the RFM will take a minimal amount of time and cost. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $16,800, assuming there are no parts and tooling costs.
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-2009-0518; Directorate Identifier 2009-SW-22-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 bythe 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, 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 removing Amendment 39-15886 (74 FR 18977, April 27, 2009), and by adding a new airworthiness directive (AD), Amendment 39-15940, to read as follows: