Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters, 57555-57558 [2021-22464]

Download as PDF Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations (c) Applicability This AD applies to all Airbus SAS Model A330–841 and A330–941 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 34, Navigation. (e) Unsafe Condition This AD was prompted by a report of incorrect take-off computations for crosswinds above 20 knots. The FAA is issuing this AD to address substantially reduced take-off performance in crosswind conditions above 20 knots, possibly resulting in a runway overrun, in the event of continued takeoff following an engine failure or rejected takeoff, with consequent damage to the airplane and injury to occupants. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2021–0210, dated September 16, 2021 (EASA AD 2021–0210). jspears on DSK121TN23PROD with RULES1 (h) Exceptions to EASA AD 2021–0210 (1) Where EASA AD 2021–0210 refers to its effective date, this AD requires using the effective date of this AD. (2) Where paragraph (1) of EASA AD 2021– 0210 specifies amending the aircraft flight manual (AFM), this AD requires replacing the text ‘‘implement the aircraft performance database by introducing the AFM DU [Documentary Unit]’’ with ‘‘amend the applicable existing AFM and applicable corresponding operational procedures by incorporating the AFM DU.’’ (3) Whereas paragraph (1) of EASA AD 2021–0210 specifies to ‘‘inform all flight crews, and, thereafter, operate the aeroplane accordingly,’’ this AD does not require those actions as those actions are already required by existing FAA operating regulations. (4) The ‘‘Remarks’’ section of EASA AD 2021–0210 does not apply to this AD. (i) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal VerDate Sep<11>2014 16:35 Oct 15, 2021 Jkt 256001 inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Required for Compliance (RC): Except as required by paragraph (i)(2) of this AD, if any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (j) Related Information For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3229; email vladimir.ulyanov@faa.gov. (k) 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 this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2021–0210, dated September 16, 2021. (ii) [Reserved] (3) For EASA AD 2021–0210, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// ad.easa.europa.eu. (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 57555 Issued on October 7, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–22633 Filed 10–14–21; 11:15 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0106; Project Identifier AD–2020–00708–R; Amendment 39–21735; AD 2021–19–17] RIN 2120–AA64 Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Sikorsky Aircraft Corporation (Sikorsky) Model S–92A helicopters. This AD was prompted by an incident of a side facing utility seat detaching from wall attachment points. This AD requires modifying certain side facing utility seats and observer seats, and prohibits installing those seats unless the modification has been accomplished. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 22, 2021. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 22, 2021. ADDRESSES: For Martin-Baker and Sikorsky service information identified in this final rule, contact your local Sikorsky Field Representative or Sikorsky’s Service Engineering Group at Sikorsky Aircraft Corporation, Mailstop K100, 124 Quarry Road, Trumbull, CT 06611; telephone 1–800–946–4337 (1– 800–Winged–S); email wcs_cust_ service_eng.gr-sik@lmco.com. Operators may also log on to the Sikorsky 360 website at https:// www.sikorsky360.com. You may view this service information at the 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. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0106. SUMMARY: E:\FR\FM\18OCR1.SGM 18OCR1 57556 Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0106; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Dorie Resnik, Aerospace Engineer, Aviation Safety Section, Boston ACO Branch, FAA, 1200 District Ave., Burlington, MA 01803; phone: (781) 238–7693; email: dorie.resnik@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to Sikorsky Model S–92A helicopters with certain Martin-Baker side facing utility or observer seats installed. The NPRM published in the Federal Register on March 4, 2021 (86 FR 12550). The NPRM was prompted by an incident of a side facing utility seat detaching from wall attachment points during dynamic testing. The root cause has been identified as a change in the finishing process of the main back tube. Due to design similarity, certain observer seats are also subject to this unsafe condition. In the NPRM, the FAA proposed to require replacing the main back tube assembly in affected side facing utility and observer seats. The NPRM also proposed to prohibit installing those seats unless the main back tube assembly has been replaced. The FAA is issuing this AD to address the unsafe condition on these products. Discussion of Final Airworthiness Directive jspears on DSK121TN23PROD with RULES1 Comments The FAA received comments from two commenters. One commenter supported the NPRM without change. Sikorsky also commented on the NPRM. The following presents the comments received on the NPRM and the FAA’s response to each comment. Request To Change the AD to an Appliance AD Against Martin-Baker Seats Sikorsky requested changes throughout the proposed AD to change it from an aircraft AD against Sikorsky to an appliance AD against Martin- VerDate Sep<11>2014 16:35 Oct 15, 2021 Jkt 256001 Baker. Sikorsky stated that the defect is in Martin-Baker technical standard order (TSO) authorization seats and is not a defect of the Sikorsky Model S– 92A helicopter, and that the seats sold to Sikorsky are manufactured under TSO–C39b (side facing utility seat) and TSO–C127a (observer seat) qualifications and are supplied with a TSO–C39b or TSO–C127a tag, as applicable. Sikorsky stated that the background of the AD should provide the result of the FAA’s review with Martin-Baker Aircraft. According to Sikorsky, Martin-Baker indicated that seats for Sikorsky platforms are tracked separately from other platforms; and accordingly, the AD should be issued against affected Martin-Baker seats to ensure all affected parts (Martin-Baker seat tube part number (P/N) MBCS4109 and/or seat P/Ns MBCS12410AA001, MBCS12200, MBCS7301–2, and other P/Ns as identified by Martin-Baker) are corrected. Sikorsky further stated that during the review in support of the issuance of Sikorsky S–92A Helicopter Alert Service Bulletin ASB 92–25–026, Basic Issue, dated March 5, 2020 (ASB 92–25–026), Martin Baker Aircraft Company indicated that over 1,000 fielded seats are affected by the defect and that Sikorsky purchased 371 of the affected seats for the Model S–92A helicopter. Sikorsky stated that it issued ASB 92–25–026 to ensure its operators implemented the repairs specified in Martin-Baker Special Information Leaflet (SIL) No. 831, dated July 10, 2019 (SIL 831), and SIL No. 833, dated July 11, 2019 (SIL 833). Additionally, Sikorsky explained that ASB 92–25–026 identifies Model S–92A helicopters with certain serial numbers (S/Ns) in its Effectivity paragraph because that was the known span at the time of its issuance; however, the AD should be against the seats because the seats can be moved from one serial-numbered aircraft to another serial-numbered aircraft and because the required change is to the articles. The FAA disagrees. The FAA has confirmed that the manufacturing defect of Martin-Baker side facing utility seats supplier P/N MBCS12410AA001 did not cause non-compliance with TSO–C39b Aircraft Seats and Berths. The unsafe condition does not exist in those seats, it resulted from the installation of those seats in Sikorsky Model S–92A helicopters. In this situation, it became Sikorsky’s responsibility to show compliance with 14 CFR 29.562 at Amendment 29–41 for the installed seat because this is part of the certification basis of the aircraft as defined in FAA Type Certificate No. R00024BO. Even PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 though the seat is TSO–C39b qualified, the seat installation is required to meet the dynamic landing conditions defined in 14 CFR 29.562. Because the manufacturing defect caused noncompliance with the aircraft certification basis of 14 CFR 29.562, the AD is applicable to the aircraft. Conversely, the FAA has confirmed that the manufacturing defect of MartinBaker observer seats supplier P/Ns MBCS12200 and MBCS7301–2 did cause non-compliance with TSO–C127a, Rotorcraft, Transport Airplane, and Normal and Utility Airplane Seating Systems standards, which was the applicable TSO when the seats were manufactured. In this situation, the unsafe condition exists in those European State of Design seats, and not from the installation of those seats in Sikorsky Model S–92A helicopters. The FAA recognizes that in this situation, the FAA customarily issues an AD against the appliance instead of the aircraft. However, Sikorsky Model S– 92A helicopters are the only model on the U.S. registry with those seats installed and the FAA has therefore determined that it is unnecessary to change this AD at this time and have a separate appliance AD against the observer seats. If additional information is later identified, the FAA might consider further rulemaking. Request To Change the Consequences of Not Addressing the Unsafe Condition Sikorsky requested revising the consequences of not addressing the unsafe condition in paragraph (e) of this AD to not limit excessive lumbar loads during a crash event to just the observer seats because any seat with an improperly manufactured main back tube could induce excessive lumbar loads during a crash event. The FAA agrees for the reasons provided. The FAA has revised paragraph (e) of this AD accordingly. Request for Credit for Compliance With Service Information In a request to change requirements proposed in the NPRM, Sikorsky commented that compliance with ASB 92–25–026 was required by March 5, 2021, and that all affected seats (installed on Sikorsky Model S–92A helicopters) that have been updated with its procedures should be identified as complying with this AD with no further action required. The FAA disagrees. This AD requires replacing each main back tube assembly by following procedures in ASB 92–25– 026. If this action has been accomplished prior to the effective date of this AD, then compliance for this E:\FR\FM\18OCR1.SGM 18OCR1 Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations action has been accomplished by paragraph (f) of this AD. However, this AD also prohibits installing an affected seat on Sikorsky Model S–92A helicopters unless the main back tube assembly has been replaced following those procedures in ASB 92–25–026. Additionally, not all operators are required to accomplish a manufacturer’s maintenance procedures. In order for procedures in service information, including procedures in alert service bulletins, to become mandatory when the FAA has determined the procedures are necessary to correct an identified unsafe condition, the FAA must issue an AD. Request To Require Destruction and Discarding of Parts Instead of Removal From Service Sikorsky requested changing the requirement to remove certain previously-installed parts from service to destroying or discarding those parts instead because Sikorsky does not endorse removal from service. The FAA disagrees. The FAA appreciates that the removed main back tube assemblies, split pins, and tie down straps must not be reinstalled and that those parts may be destroyed or discarded; however, the FAA cannot mandate or enforce destruction or disposal of parts to address an unsafe condition. For the purposes of an AD, the FAA requires removal from service instead to prevent reinstallation. jspears on DSK121TN23PROD with RULES1 Conclusion The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for a minor change in paragraph (e) of this AD to clarify that the FAA is issuing this AD to detect and address a main back tube that does not meet design specifications, a minor change in Note 3 to paragraph (c) to clarify that the marking of, ‘‘SIL833 incorporated’’ could be located adjacent to identification labels on the underside of the sitting platform assembly P/N MBCS12215, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Related Service Information Under 1 CFR Part 51 The FAA reviewed ASB 92–25–026, with attachments Martin-Baker SIL 831 and Martin-Baker SIL 833. ASB 92–25– 026 specifies procedures for preparing the helicopter for replacing the main VerDate Sep<11>2014 16:35 Oct 15, 2021 Jkt 256001 back tube assembly by following SIL 831 or SIL 833, as applicable to your seat. ASB 92–25–026 specifies removing existing placards, complying with the applicable SIL, reinstalling the removed placards, inspecting for foreign object debris (FOD), and cleaning. MartinBaker SIL 831 for side facing utility seat supplier P/N MBCS12410AA001, and Martin-Baker SIL 833 for observer seat supplier P/N MBCS12200 and MBCS7301–2, specify procedures for disassembling the seat, inspecting components, replacing the main back tube assembly (tube assembly, back main), and reassembling, testing, and marking the seat. SIL 831 and SIL 833 are attached to ASB 92–25–026. 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 ADDRESSES. Differences Between This AD and the Service Information ASB 92–25–026 specifies a compliance time of no later than March 5, 2021; whereas this AD specifies a compliance time of within 125 hours time-in-service (TIS) or six months after the effective date of this AD, whichever occurs first. ASB 92–25–026 specifies inspecting for FOD and cleaning; whereas this AD does not. SIL 831 and SIL 833 specify destroying and disposing discrepant main back tube assemblies and discarding removed split pins and tie down straps; whereas this AD requires removing those parts from service instead. The service information specifies recording compliance; whereas this AD does not. Costs of Compliance The FAA estimates that this AD affects 9 helicopters of U.S. Registry. Labor rates are estimated at $85 per work-hour. Based on these numbers, the FAA estimates the following costs to comply with this AD. Replacing a main back tube assembly takes about 2 work-hours and parts cost about $11,217, for an estimated cost of about $11,387 per seat. Each helicopter could have up to 19 affected seats, which takes up to about 38 work-hours and parts cost up to about $213,123, for an estimated cost of up to about $216,353 per helicopter and $1,947,177 for the U.S. fleet. The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 57557 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. The FAA is 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) Will not affect intrastate aviation in Alaska, 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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 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. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ E:\FR\FM\18OCR1.SGM 18OCR1 57558 Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations 2021–19–17 Sikorsky Aircraft Corporation: Amendment 39–21735; Docket No. FAA–2021–0106; Project Identifier AD– 2020–00708–R. (a) Effective Date This airworthiness directive (AD) is effective November 22, 2021. (b) Affected ADs None. (c) Applicability This AD applies to Sikorsky Aircraft Corporation Model S–92A helicopters, certificated in any category, with the following installed: (1) A Martin-Baker side facing utility seat supplier part number (P/N) MBCS12410AA001 with a serial number (S/N) identified in Table 2 of Martin-Baker Special Information Leaflet (SIL) No. 831, dated July 10, 2019 (SIL 831), that is not marked with ‘‘SIL831 incorporated;’’ or (2) A Martin-Baker observer seat supplier P/N MBCS12200 or MBCS7301–2 with an S/N identified in Table 2 of Martin-Baker SIL No. 833, dated July 11, 2019 (SIL 833), that is not marked with ‘‘SIL833 incorporated.’’ Note 1 to paragraph (c): SIL 831 and SIL 833 are attached to Sikorsky S–92A Helicopter Alert Service Bulletin ASB 92– 25–026, Basic Issue, dated March 5, 2020 (ASB 92–25–026). Note 2 to paragraph (c): Section 3., the Accomplishment Instructions, Tables 1 and 2 of ASB 92–25–026, specify cross references of Martin-Baker supplier P/Ns with Sikorsky P/Ns and kit P/Ns. Note 3 to paragraph (c): The marking ‘‘SIL831 incorporated’’ or ‘‘SIL833 incorporated,’’ as applicable, could be located adjacent to identification labels on the underside of the sitting platform assembly P/N MBCS4111 or MBCS12215, respectively. (d) Subject Joint Aircraft System Component (JASC) Code: 2500, Cabin Equipment/Furnishings; and 2520, Passenger Compartment Equipment. jspears on DSK121TN23PROD with RULES1 (e) Unsafe Condition This AD was prompted by an incident of a side facing utility seat detaching from wall attachment points during dynamic testing. The FAA is issuing this AD to detect and address a main back tube, a component of the main back tube assembly, which does not meet design specifications. The unsafe condition, if not addressed, could result in increased surface friction in the direction of the seat attenuation, failure of proper utility seat attenuation during a crash event, excessive lumbar loads during a crash event, and subsequent excessive occupant injury. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) Within 125 hours time-in-service or six months after the effective date of this AD, whichever occurs first, replace each main VerDate Sep<11>2014 16:35 Oct 15, 2021 Jkt 256001 back tube assembly by following Section 3., Accomplishment Instructions, paragraphs C. through E., of ASB 92–25–026; except where the service information referenced in ASB 92–25–026 specifies destroying and disposing of parts or discarding parts, this AD requires removing those parts from service instead. Note 4 to paragraph (g)(1): SIL 831 and SIL 833, referred to in ASB 92–25–026, refer to main back tube assembly as tube assembly, back main. (2) As of the effective date of this AD, do not install a Martin-Baker side facing utility seat identified in paragraph (c)(1) of this AD or a Martin-Baker observer seat identified in paragraph (c)(2) of this AD unless the actions in paragraph (g)(1) of this AD have been accomplished. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, Boston ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (i) of this AD. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (i) Related Information For more information about this AD, contact Dorie Resnik, Aerospace Engineer, Aviation Safety Section, Boston ACO Branch, FAA, 1200 District Ave., Burlington, MA 01803; phone: (781) 238–7693; email: dorie.resnik@faa.gov. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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) Sikorsky S–92A Helicopter Alert Service Bulletin ASB 92–25–026, Basic Issue, dated March 5, 2020, with attachments: (A) Martin-Baker Special Information Leaflet (SIL) No. 831, dated July 10, 2019; and (B) Martin-Baker SIL No. 833, dated July 11, 2019. (ii) [Reserved] (3) As the design approval holder for the product identified in paragraph (c) of this AD, contact Sikorsky Aircraft Corporation for Martin-Baker service information, as well as Sikorsky S–92A helicopter service information identified in this AD, by contacting your local Sikorsky Field Representative or Sikorsky’s Service Engineering Group at Sikorsky Aircraft Corporation, Mailstop K100, 124 Quarry Road, Trumbull, CT 06611; telephone 1–800– 946–4337 (1–800–Winged–S); email wcs_ PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 cust_service_eng.gr-sik@lmco.com. Operators may also log on to the Sikorsky 360 website at https://www.sikorsky360.com. (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, email: fr.inspection@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ ibr-locations.html. Issued on September 8, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–22464 Filed 10–15–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0576; Project Identifier 2019–CE–008–AD; Amendment 39–21758; AD 2021–20–20] RIN 2120–AA64 Airworthiness Directives; Pacific Aerospace Limited Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Pacific Aerospace Limited Model 750XL airplanes. This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI identifies the unsafe condition as installation of the wing leading edge tank fuel pickup assembly in a prestressed condition, which could cause cracks in the wing spar web or the fuel pickup assembly pipe. This AD requires inspecting the angle of the support bracket on the wing leading edge tank fuel pickup assembly and taking any necessary corrective actions. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 22, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 22, 2021. SUMMARY: E:\FR\FM\18OCR1.SGM 18OCR1

Agencies

[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57555-57558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22464]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0106; Project Identifier AD-2020-00708-R; 
Amendment 39-21735; AD 2021-19-17]
RIN 2120-AA64


Airworthiness Directives; Sikorsky Aircraft Corporation 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Sikorsky Aircraft Corporation (Sikorsky) Model S-92A 
helicopters. This AD was prompted by an incident of a side facing 
utility seat detaching from wall attachment points. This AD requires 
modifying certain side facing utility seats and observer seats, and 
prohibits installing those seats unless the modification has been 
accomplished. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective November 22, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 22, 
2021.

ADDRESSES: For Martin-Baker and Sikorsky service information identified 
in this final rule, contact your local Sikorsky Field Representative or 
Sikorsky's Service Engineering Group at Sikorsky Aircraft Corporation, 
Mailstop K100, 124 Quarry Road, Trumbull, CT 06611; telephone 1-800-
946-4337 (1-800-Winged-S); email [email protected]. 
Operators may also log on to the Sikorsky 360 website at https://www.sikorsky360.com. You may view this service information at the 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. It is also available 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0106.

[[Page 57556]]

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0106; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, any 
comments received, and other information. The address for Docket 
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dorie Resnik, Aerospace Engineer, 
Aviation Safety Section, Boston ACO Branch, FAA, 1200 District Ave., 
Burlington, MA 01803; phone: (781) 238-7693; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Sikorsky Model S-92A 
helicopters with certain Martin-Baker side facing utility or observer 
seats installed. The NPRM published in the Federal Register on March 4, 
2021 (86 FR 12550). The NPRM was prompted by an incident of a side 
facing utility seat detaching from wall attachment points during 
dynamic testing. The root cause has been identified as a change in the 
finishing process of the main back tube. Due to design similarity, 
certain observer seats are also subject to this unsafe condition. In 
the NPRM, the FAA proposed to require replacing the main back tube 
assembly in affected side facing utility and observer seats. The NPRM 
also proposed to prohibit installing those seats unless the main back 
tube assembly has been replaced. The FAA is issuing this AD to address 
the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from two commenters. One commenter 
supported the NPRM without change. Sikorsky also commented on the NPRM. 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Change the AD to an Appliance AD Against Martin-Baker Seats

    Sikorsky requested changes throughout the proposed AD to change it 
from an aircraft AD against Sikorsky to an appliance AD against Martin-
Baker. Sikorsky stated that the defect is in Martin-Baker technical 
standard order (TSO) authorization seats and is not a defect of the 
Sikorsky Model S-92A helicopter, and that the seats sold to Sikorsky 
are manufactured under TSO-C39b (side facing utility seat) and TSO-
C127a (observer seat) qualifications and are supplied with a TSO-C39b 
or TSO-C127a tag, as applicable. Sikorsky stated that the background of 
the AD should provide the result of the FAA's review with Martin-Baker 
Aircraft. According to Sikorsky, Martin-Baker indicated that seats for 
Sikorsky platforms are tracked separately from other platforms; and 
accordingly, the AD should be issued against affected Martin-Baker 
seats to ensure all affected parts (Martin-Baker seat tube part number 
(P/N) MBCS4109 and/or seat P/Ns MBCS12410AA001, MBCS12200, MBCS7301-2, 
and other P/Ns as identified by Martin-Baker) are corrected. Sikorsky 
further stated that during the review in support of the issuance of 
Sikorsky S-92A Helicopter Alert Service Bulletin ASB 92-25-026, Basic 
Issue, dated March 5, 2020 (ASB 92-25-026), Martin Baker Aircraft 
Company indicated that over 1,000 fielded seats are affected by the 
defect and that Sikorsky purchased 371 of the affected seats for the 
Model S-92A helicopter. Sikorsky stated that it issued ASB 92-25-026 to 
ensure its operators implemented the repairs specified in Martin-Baker 
Special Information Leaflet (SIL) No. 831, dated July 10, 2019 (SIL 
831), and SIL No. 833, dated July 11, 2019 (SIL 833). Additionally, 
Sikorsky explained that ASB 92-25-026 identifies Model S-92A 
helicopters with certain serial numbers (S/Ns) in its Effectivity 
paragraph because that was the known span at the time of its issuance; 
however, the AD should be against the seats because the seats can be 
moved from one serial-numbered aircraft to another serial-numbered 
aircraft and because the required change is to the articles.
    The FAA disagrees. The FAA has confirmed that the manufacturing 
defect of Martin-Baker side facing utility seats supplier P/N 
MBCS12410AA001 did not cause non-compliance with TSO-C39b Aircraft 
Seats and Berths. The unsafe condition does not exist in those seats, 
it resulted from the installation of those seats in Sikorsky Model S-
92A helicopters. In this situation, it became Sikorsky's responsibility 
to show compliance with 14 CFR 29.562 at Amendment 29-41 for the 
installed seat because this is part of the certification basis of the 
aircraft as defined in FAA Type Certificate No. R00024BO. Even though 
the seat is TSO-C39b qualified, the seat installation is required to 
meet the dynamic landing conditions defined in 14 CFR 29.562. Because 
the manufacturing defect caused non-compliance with the aircraft 
certification basis of 14 CFR 29.562, the AD is applicable to the 
aircraft. Conversely, the FAA has confirmed that the manufacturing 
defect of Martin-Baker observer seats supplier P/Ns MBCS12200 and 
MBCS7301-2 did cause non-compliance with TSO-C127a, Rotorcraft, 
Transport Airplane, and Normal and Utility Airplane Seating Systems 
standards, which was the applicable TSO when the seats were 
manufactured. In this situation, the unsafe condition exists in those 
European State of Design seats, and not from the installation of those 
seats in Sikorsky Model S-92A helicopters. The FAA recognizes that in 
this situation, the FAA customarily issues an AD against the appliance 
instead of the aircraft. However, Sikorsky Model S-92A helicopters are 
the only model on the U.S. registry with those seats installed and the 
FAA has therefore determined that it is unnecessary to change this AD 
at this time and have a separate appliance AD against the observer 
seats. If additional information is later identified, the FAA might 
consider further rulemaking.

Request To Change the Consequences of Not Addressing the Unsafe 
Condition

    Sikorsky requested revising the consequences of not addressing the 
unsafe condition in paragraph (e) of this AD to not limit excessive 
lumbar loads during a crash event to just the observer seats because 
any seat with an improperly manufactured main back tube could induce 
excessive lumbar loads during a crash event.
    The FAA agrees for the reasons provided. The FAA has revised 
paragraph (e) of this AD accordingly.

Request for Credit for Compliance With Service Information

    In a request to change requirements proposed in the NPRM, Sikorsky 
commented that compliance with ASB 92-25-026 was required by March 5, 
2021, and that all affected seats (installed on Sikorsky Model S-92A 
helicopters) that have been updated with its procedures should be 
identified as complying with this AD with no further action required.
    The FAA disagrees. This AD requires replacing each main back tube 
assembly by following procedures in ASB 92-25-026. If this action has 
been accomplished prior to the effective date of this AD, then 
compliance for this

[[Page 57557]]

action has been accomplished by paragraph (f) of this AD. However, this 
AD also prohibits installing an affected seat on Sikorsky Model S-92A 
helicopters unless the main back tube assembly has been replaced 
following those procedures in ASB 92-25-026. Additionally, not all 
operators are required to accomplish a manufacturer's maintenance 
procedures. In order for procedures in service information, including 
procedures in alert service bulletins, to become mandatory when the FAA 
has determined the procedures are necessary to correct an identified 
unsafe condition, the FAA must issue an AD.

Request To Require Destruction and Discarding of Parts Instead of 
Removal From Service

    Sikorsky requested changing the requirement to remove certain 
previously-installed parts from service to destroying or discarding 
those parts instead because Sikorsky does not endorse removal from 
service.
    The FAA disagrees. The FAA appreciates that the removed main back 
tube assemblies, split pins, and tie down straps must not be 
reinstalled and that those parts may be destroyed or discarded; 
however, the FAA cannot mandate or enforce destruction or disposal of 
parts to address an unsafe condition. For the purposes of an AD, the 
FAA requires removal from service instead to prevent reinstallation.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for a minor change in paragraph (e) 
of this AD to clarify that the FAA is issuing this AD to detect and 
address a main back tube that does not meet design specifications, a 
minor change in Note 3 to paragraph (c) to clarify that the marking of, 
``SIL833 incorporated'' could be located adjacent to identification 
labels on the underside of the sitting platform assembly P/N MBCS12215, 
and any other changes described previously, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed ASB 92-25-026, with attachments Martin-Baker SIL 
831 and Martin-Baker SIL 833. ASB 92-25-026 specifies procedures for 
preparing the helicopter for replacing the main back tube assembly by 
following SIL 831 or SIL 833, as applicable to your seat. ASB 92-25-026 
specifies removing existing placards, complying with the applicable 
SIL, reinstalling the removed placards, inspecting for foreign object 
debris (FOD), and cleaning. Martin-Baker SIL 831 for side facing 
utility seat supplier P/N MBCS12410AA001, and Martin-Baker SIL 833 for 
observer seat supplier P/N MBCS12200 and MBCS7301-2, specify procedures 
for disassembling the seat, inspecting components, replacing the main 
back tube assembly (tube assembly, back main), and reassembling, 
testing, and marking the seat. SIL 831 and SIL 833 are attached to ASB 
92-25-026.
    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 ADDRESSES.

Differences Between This AD and the Service Information

    ASB 92-25-026 specifies a compliance time of no later than March 5, 
2021; whereas this AD specifies a compliance time of within 125 hours 
time-in-service (TIS) or six months after the effective date of this 
AD, whichever occurs first. ASB 92-25-026 specifies inspecting for FOD 
and cleaning; whereas this AD does not. SIL 831 and SIL 833 specify 
destroying and disposing discrepant main back tube assemblies and 
discarding removed split pins and tie down straps; whereas this AD 
requires removing those parts from service instead. The service 
information specifies recording compliance; whereas this AD does not.

Costs of Compliance

    The FAA estimates that this AD affects 9 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    Replacing a main back tube assembly takes about 2 work-hours and 
parts cost about $11,217, for an estimated cost of about $11,387 per 
seat. Each helicopter could have up to 19 affected seats, which takes 
up to about 38 work-hours and parts cost up to about $213,123, for an 
estimated cost of up to about $216,353 per helicopter and $1,947,177 
for the U.S. fleet.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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.
    The FAA is 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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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:



[[Page 57558]]


2021-19-17 Sikorsky Aircraft Corporation: Amendment 39-21735; Docket 
No. FAA-2021-0106; Project Identifier AD-2020-00708-R.

(a) Effective Date

    This airworthiness directive (AD) is effective November 22, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Sikorsky Aircraft Corporation Model S-92A 
helicopters, certificated in any category, with the following 
installed:
    (1) A Martin-Baker side facing utility seat supplier part number 
(P/N) MBCS12410AA001 with a serial number (S/N) identified in Table 
2 of Martin-Baker Special Information Leaflet (SIL) No. 831, dated 
July 10, 2019 (SIL 831), that is not marked with ``SIL831 
incorporated;'' or
    (2) A Martin-Baker observer seat supplier P/N MBCS12200 or 
MBCS7301-2 with an S/N identified in Table 2 of Martin-Baker SIL No. 
833, dated July 11, 2019 (SIL 833), that is not marked with ``SIL833 
incorporated.''
     Note 1 to paragraph (c): SIL 831 and SIL 833 are attached to 
Sikorsky S-92A Helicopter Alert Service Bulletin ASB 92-25-026, 
Basic Issue, dated March 5, 2020 (ASB 92-25-026).
    Note 2 to paragraph (c): Section 3., the Accomplishment 
Instructions, Tables 1 and 2 of ASB 92-25-026, specify cross 
references of Martin-Baker supplier P/Ns with Sikorsky P/Ns and kit 
P/Ns.
    Note 3 to paragraph (c): The marking ``SIL831 incorporated'' or 
``SIL833 incorporated,'' as applicable, could be located adjacent to 
identification labels on the underside of the sitting platform 
assembly P/N MBCS4111 or MBCS12215, respectively.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2500, Cabin 
Equipment/Furnishings; and 2520, Passenger Compartment Equipment.

(e) Unsafe Condition

    This AD was prompted by an incident of a side facing utility 
seat detaching from wall attachment points during dynamic testing. 
The FAA is issuing this AD to detect and address a main back tube, a 
component of the main back tube assembly, which does not meet design 
specifications. The unsafe condition, if not addressed, could result 
in increased surface friction in the direction of the seat 
attenuation, failure of proper utility seat attenuation during a 
crash event, excessive lumbar loads during a crash event, and 
subsequent excessive occupant injury.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Within 125 hours time-in-service or six months after the 
effective date of this AD, whichever occurs first, replace each main 
back tube assembly by following Section 3., Accomplishment 
Instructions, paragraphs C. through E., of ASB 92-25-026; except 
where the service information referenced in ASB 92-25-026 specifies 
destroying and disposing of parts or discarding parts, this AD 
requires removing those parts from service instead.
    Note 4 to paragraph (g)(1): SIL 831 and SIL 833, referred to in 
ASB 92-25-026, refer to main back tube assembly as tube assembly, 
back main.
    (2) As of the effective date of this AD, do not install a 
Martin-Baker side facing utility seat identified in paragraph (c)(1) 
of this AD or a Martin-Baker observer seat identified in paragraph 
(c)(2) of this AD unless the actions in paragraph (g)(1) of this AD 
have been accomplished.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the certification office, send it to the attention of the 
person identified in paragraph (i) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    For more information about this AD, contact Dorie Resnik, 
Aerospace Engineer, Aviation Safety Section, Boston ACO Branch, FAA, 
1200 District Ave., Burlington, MA 01803; phone: (781) 238-7693; 
email: [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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) Sikorsky S-92A Helicopter Alert Service Bulletin ASB 92-25-
026, Basic Issue, dated March 5, 2020, with attachments:
    (A) Martin-Baker Special Information Leaflet (SIL) No. 831, 
dated July 10, 2019; and
    (B) Martin-Baker SIL No. 833, dated July 11, 2019.
    (ii) [Reserved]
    (3) As the design approval holder for the product identified in 
paragraph (c) of this AD, contact Sikorsky Aircraft Corporation for 
Martin-Baker service information, as well as Sikorsky S-92A 
helicopter service information identified in this AD, by contacting 
your local Sikorsky Field Representative or Sikorsky's Service 
Engineering Group at Sikorsky Aircraft Corporation, Mailstop K100, 
124 Quarry Road, Trumbull, CT 06611; telephone 1-800-946-4337 (1-
800-Winged-S); email [email protected]. Operators 
may also log on to the Sikorsky 360 website at https://www.sikorsky360.com.
    (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, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-22464 Filed 10-15-21; 8:45 am]
BILLING CODE 4910-13-P