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:
Reviewing the records for damage to a blade due to a lightning strike.
Removing any blade that has been damaged by lightning.
Removing any blade if the blade service history cannot be determined.
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. Basedon 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 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.
39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: