83_FR_23453 83 FR 23355 - Airworthiness Directives; Sikorsky Aircraft Corporation

83 FR 23355 - Airworthiness Directives; Sikorsky Aircraft Corporation

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range23355-23358
FR Document2018-10581

We are adopting a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-76C helicopters. This AD requires inspecting the engine collective position transducer (CPT). This AD was prompted by reports of wear of the CPT that has resulted in several One Engine Inoperative (OEI) incidents. The actions of this AD are intended to detect and prevent an unsafe condition on these products.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23355-23358]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10581]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0874; Product Identifier 2015-SW-082-AD; Amendment 
39-19282; AD 2018-10-07]
RIN 2120-AA64


Airworthiness Directives; Sikorsky Aircraft Corporation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for 
Sikorsky Aircraft Corporation (Sikorsky) Model S-76C helicopters. This 
AD requires inspecting the engine collective position transducer (CPT). 
This AD was prompted by reports of wear of the CPT that has resulted in 
several One Engine Inoperative (OEI) incidents. The actions of this AD 
are intended to detect and prevent an unsafe condition on these 
products.

DATES: This AD is effective June 25, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of June 25, 2018.

ADDRESSES: For service information identified in this final rule, 
contact Sikorsky Aircraft Corporation, Customer Service Engineering, 
124 Quarry Road, Trumbull, CT 06611; telephone 1-800-Winged-S or 203-
416-4299; email [email protected]. You may review a 
copy of the referenced service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, 
Fort Worth, TX 76177. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0874.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0874; 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 AD, any incorporated-by-reference service information, the 
economic evaluation, any comments received, and other information. The 
street address for Docket Operations (phone: 800-647-5527) 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: Nick Rediess, Aviation Safety 
Engineer, Boston ACO Branch, Compliance & Airworthiness Division, 1200 
District Avenue, Burlington, MA 01803; telephone (781) 238-7159; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    On September 14, 2017, at 82 FR 43195, the Federal Register 
published our notice of proposed rulemaking (NPRM), which proposed to 
amend 14 CFR part 39 by adding an AD that would apply to Sikorsky Model 
S-76C helicopters with a Turbomeca, S.A., Arriel 2S1 or Arriel 2S2 
engine with an engine CPT part number (P/N) 76900-01821-104 installed. 
The NPRM was prompted by 20 reports of OEI incidents resulting from 
wear of a CPT. One of these incidents resulted in a rejected takeoff to 
an unprepared site.
    The NPRM proposed to require initial and recurring inspections of 
each CPT by measuring resistance, linearity resistance movement, and 
differential voltage, and depending on the outcome of the inspections, 
replacing the CPT. The proposed requirements were intended to detect 
wear of a CPT prior to it causing an OEI condition and possible 
emergency landing.

Comments

    After our NPRM was published, we received comments from Sikorsky.

Request To Include an Additional Part to the AD

    Sikorsky requested the AD also apply to engine CPT P/N 76900-01821-
105. In support of this request, Sikorsky stated that engine CPT P/N 
76900-01821-105 is a new replacement for engine CPT P/N 76900-01821-
104, which does not differ substantially from engine CPT P/N 76900-
01821-104 and therefore should be subject to the periodic inspections.
    We partially agree. While engine CPT P/N 76900-01821-105 may be 
subject to the same unsafe condition because of design similarity, 
adding this part would increase the scope of the AD. Therefore, we plan 
to publish another NPRM for P/N 76900-01821-105 to give the public an 
opportunity to comment on those requirements.

Request To Remove a Test Box From the AD

    Sikorsky requested we remove Test Box P/N 76700-40009-042 and only 
allow the use of Test Box P/N 76700-40009-043 to comply with the AD. In 
support of this request, Sikorsky stated it considers Test Box P/N 
76700-40009-042 obsolete because Test Box P/N 76700-40009-043 is easier 
to use and provides less subjective results.
    We disagree. The proposed AD provided procedures for both test 
boxes for the repetitive inspections. While Test Box P/N 76700-40009-
043 may be more efficient, the use of Test Box P/N 76700-40009-042 also 
addresses the unsafe condition. We do not find justification for 
requiring operators who have Test Box P/N 76700-40009-042 to upgrade or 
replace their test box. However, we have revised the initial inspection 
requirements of the AD to allow the use of Test Box P/N 76700-40009-043 
as an option. We have also revised the repetitive inspection procedures 
to allow the use of updated testing procedures for Test Box P/N 76700-
40009-043, which had not been

[[Page 23356]]

issued at the time we published the proposed AD, as an option.
    Lastly, Sikorsky requested we revise the unsafe condition to more 
accurately describe that it would be a momentary OEI condition. In 
support, Sikorsky stated that the unsafe condition statement in the 
proposed AD could be misinterpreted as an in-flight shutdown or engine 
failure. For this particular CPT failure, Sikorsky stated normal engine 
operation is restored within approximately two seconds without the need 
for any specific action by the pilot.
    We agree and have made the requested change accordingly.

FAA's Determination

    We have reviewed the relevant information, considered the comments 
received, and determined that an unsafe condition exists and is likely 
to exist or develop on other products of the same type design and that 
air safety and the public interest require adopting the AD requirements 
as proposed with the changes described previously and minor editorial 
changes. These changes are consistent with the intent of the proposals 
in the NPRM and will not increase the economic burden on any operator 
nor increase the scope of the AD.

Interim Action

    We consider this AD to be an interim action. The design approval 
holder is currently developing a modification that will address the 
unsafe condition identified in this AD. Once this modification is 
developed, approved, and available, we might consider additional 
rulemaking.

Related Service Information Under 1 CFR Part 51

    We reviewed Sikorsky S-76 Helicopter Alert Service Bulletin (ASB) 
76-73-8, Revision A, dated December 4, 2015 (ASB 76-73-8A), which 
specifies a one-time inspection of total resistance, linearity 
resistant movement, excitation voltage, and differential voltage of the 
CPTs using CPT Text Box P/N 76700-40009-042.
    We reviewed Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary 
Revision No. 73-07, dated August 17, 2016 (TR 73-07), which specifies 
procedures for removing, installing, and adjusting the CPTs, and 
inspections of total resistance, linearity resistant movement, 
excitation voltage, and differential voltage of the CPTs. TR 73-07 also 
divides the procedures by CPT Test Box P/N by providing separate 
procedures for test boxes modified by Sikorsky Special Service 
Instructions (SSI) No. 76-96, dated August 19, 2016, which is not 
incorporated by reference in this AD.
    We also reviewed Sikorsky Maintenance Manual, SA 4047-76C-2, 
Temporary Revision No. 73-08, dated September 20, 2017 (TR 73-08), 
which updates the procedures in TR 73-07. TR 73-08 does not divide the 
procedures by CPT Test Box P/N as it eliminates the procedures for CPT 
Text Box P/N 76700-40009-042. TR 73-08 omits obsolete figures and it 
provides inspection results as pass or fail.
    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 the ADDRESSES section.

Other Related Service Information

    We reviewed Sikorsky S-76 Helicopter ASB 76-73-8, Basic Issue, 
dated August 21, 2015 (ASB 76-73-8). ASB 76-73-8 contains the same 
procedures as ASB 76-73-8A; however, ASB 76-73-8A updates Sikorsky's 
contact information for submitting a purchase order.
    We also reviewed Sikorsky SA 4047-76C-2-1, Temporary Revision No. 
5-181, dated August 21, 2015 (TR 5-181); Task 5-20-00 of Sikorsky 
Airworthiness Limitations and Inspection Requirements, Publication No. 
SA 4047-76C-2-1, Revision 24, dated December 15, 2015 (Task 5-20-00); 
and Section 73-22-04 of Chapter 73 Engine Fuel and Control, of Sikorsky 
Maintenance Manual, SA 4047-76C-2, Revision 31, dated December 15, 2015 
(Section 73-22-04). TR 5-181 specifies adding CPT inspections 
referenced in Section 73-22-04 to the 300-hour inspection checklist 
contained in Task 5-20-00.
    We reviewed Sikorksy Safety Advisory No. SSA-S76-11-0002, dated May 
17, 2011. This service information provides precautionary instructions 
to minimize hazardous situations that might result from an unreliable 
CPT.
    We also reviewed Sikorsky SSI No. 76-96, dated August 19, 2016, 
which specifies procedures to modify CPT Test Box P/N 76700-40009-042 
and re-identify it as P/N 76700-40009-043. This one-time modification 
reduces the instructions to inspect the CPT and improves the inspection 
accuracy.
    We reviewed Sikorsky SSI No. 76-87, dated July 24, 2015, and SSI 
No. 76-87A, Revision A, dated August 21, 2015. These SSIs specify a 
one-time inspection of total resistance, linearity resistant movement, 
excitation voltage, and differential voltage of the CPTs using CPT Text 
Box P/N 76700-40009-042.

Differences Between This AD and the Service Information

    Sikorsky ASB 76-73-8A, TR 73-07, and TR 73-08 specify using and 
returning Sikorsky's CPT data sheet and any failed CPT to Sikorsky. 
This AD does not.

Costs of Compliance

    We estimate that this AD affects 90 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs in order to 
comply with this AD. Labor costs are estimated at $85 per work-hour.
    The inspections will take about 3.75 work-hours for an estimated 
cost of $319 per helicopter and $28,710 for the U.S. fleet per 
inspection cycle. Replacing a CPT will take about 6 work-hours and 
parts will cost $3,072 for an estimated replacement cost of $3,582.

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.

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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent 
that it justifies making a regulatory distinction; and

[[Page 23357]]

    (4) 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 and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 (AD):

2018-10-07 Sikorsky Aircraft Corporation: Amendment 39-19282; Docket 
No. FAA-2017-0874; Product Identifier 2015-SW-082-AD.

(a) Applicability

    This AD applies to Sikorsky Aircraft Corporation Model S-76C 
helicopters, certificated in any category, with a Turbomeca, S.A., 
Arriel 2S1 or Arriel 2S2 engine with an engine collective position 
transducer (CPT) part number 76900-01821-104 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a CPT. This 
condition could result in a reduction in power to one engine 
resulting in an annunciated momentary One Engine Inoperative (OEI) 
condition and subsequent emergency landing.

(c) Effective Date

    This AD becomes effective June 25, 2018.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) Within 130 hours time-in-service (TIS):
    (i) Measure resistance of each engine CPT and replace the CPT if 
the measured resistance is not within tolerance by following the 
Accomplishment Instructions, paragraphs 3.C.(1) through 3.C.(8)(b), 
of Sikorsky S-76 Helicopter Alert Service Bulletin ASB 76-73-8, 
Revision A, dated December 4, 2015 (ASB 76-73-8A), if using Test Box 
P/N 76700-40009-042 or by following paragraph 3.B.(11) of Sikorsky 
Maintenance Manual, SA 4047-76C-2, Temporary Revision No. 73-08, 
dated September 20, 2017 (TR 73-08), if using Test Box P/N 76700-
40009-043. You are not required to use Sikorsky's CPT data sheet or 
submit a data sheet to Sikorsky.
    (ii) Measure the linearity resistance movement of each engine 
CPT and replace the CPT if there is a linear abnormality or change 
in resistance that is not within tolerance by following the 
Accomplishment Instructions, paragraphs 3.D.(1) through 3.D.(14)(b), 
of ASB 76-73-8A, if using Test Box P/N 76700-40009-042 or by 
following paragraph 3.B.(12) of TR 73-08, if using Test Box P/N 
76700-40009-043. You are not required to use Sikorsky's CPT data 
sheet or submit a data sheet to Sikorsky.
    (iii) Measure the differential voltage of each engine CPT and 
replace the CPT if the measured voltage is not within tolerance by 
following the Accomplishment Instructions, paragraphs 3.E. through 
3.G.(1) of ASB 76-73-8A, if using Test Box P/N 76700-40009-042 or by 
following paragraph 3.B.(13) of TR 73-08, if using Test Box P/N 
76700-40009-043. You are not required to use Sikorsky's CPT data 
sheet or submit a data sheet to Sikorsky.
    (2) Thereafter, at intervals not to exceed 300 hours TIS:
    (i) If using Test Box P/N 76700-40009-042:
    (A) Measure resistance of each engine CPT and replace the CPT if 
the resistance is not within tolerance by following paragraph 
4.B.(11) of Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary 
Revision No. 73-07, dated August 17, 2016 (TR 73-07), except you are 
not required to use Sikorsky's CPT data sheet or return a failed CPT 
to Sikorsky.
    (B) Measure the linearity resistance movement of each engine CPT 
and replace the CPT if the movement exceeds tolerance by following 
paragraphs 4.B.(12)(a) through 4.B.(13)(f) of TR 73-07, except you 
are not required to use Sikorsky's CPT data sheet or return a failed 
CPT to Sikorsky.
    (C) Measure the differential voltage of each CPT by following 
paragraphs 4.B.(14) through 4.B.(15)(h) of TR 73-07, except you are 
not required to use Sikorsky's CPT data sheet. If the maximum 
voltage is greater than 100 millivolts or the minimum voltage is 
less than -100 millivolts, replace the CPT.
    (ii) For helicopters using Test Box P/N 76700-40009-043:
    (A) Measure resistance of each engine CPT and replace the CPT if 
the resistance is not within tolerance by following paragraph 
5.B.(11) of TR 73-07 or paragraph 3.B.(11) of TR 73-08, except you 
are not required to use Sikorsky's CPT data sheet or return a failed 
CPT to Sikorsky.
    (B) Measure the resistance linearity of each engine CPT and 
replace the CPT if the resistance is not within tolerance by 
following paragraph 5.B.(12) of TR 73-07 or paragraph 3.B.(12) of TR 
73-08, except you are not required to use Sikorsky's CPT data sheet 
or return a failed CPT to Sikorsky.
    (C) Measure the differential voltage of each engine CPT and 
replace the CPT if the resistance is not within tolerance by 
following paragraphs 5.B.(13)(a) through 5.B.(13)(k) of TR 73-07 or 
paragraph 3.B.(13) of TR 73-08, except you are not required to use 
Sikorsky's CPT data sheet or return a failed CPT to Sikorsky.

(f) Credit for Previous Actions

    Actions accomplished before the effective date of this AD in 
accordance with the procedures specified in Sikorsky S-76 Helicopter 
Alert Service Bulletin ASB 76-73-8, Basic Issue, dated August 21, 
2015; Sikorsky Special Service Instruction SSI No. 76-87, dated July 
24, 2015; or Sikorsky Special Service Instruction SSI No. 76-87, 
Revision A, dated August 21, 2015, are considered acceptable for 
compliance with the corresponding actions specified in paragraph 
(e)(1) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston ACO Branch, FAA, may approve AMOCs for 
this AD. Send your proposal to: Nick Rediess, Aviation Safety 
Engineer, Boston ACO Branch, Compliance & Airworthiness Division, 
1200 District Avenue, Burlington, MA 01803; telephone (781) 238-
7159; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.

(h) Additional Information

    Sikorsky S-76 Helicopter Alert Service Bulletin ASB 76-73-8, 
Basic Issue, dated August 21, 2015; Sikorsky SA 4047-76C-2-1, 
Temporary Revision No. 5-181, dated August 21, 2015; Task 5-20-00 of 
Sikorsky Airworthiness Limitations and Inspection Requirements, 
Publication No. SA 4047-76C-2-1, Revision 24, dated December 15, 
2015; Section 73-22-04 of Chapter 73 Engine Fuel and Control, of 
Sikorsky Maintenance Manual, SA 4047-76C-2, Revision 31, dated 
December 15, 2015; Sikorksy Safety Advisory No. SSA-S76-11-0002, 
dated May 17, 2011; Sikorsky Special Service Instruction (SSI) No. 
76-96, dated August 19, 2016; Sikorsky SSI No. 76-87, dated July 24, 
2015; and Sikorsky SSI No. 76-87, Revision A, dated August 21, 2015, 
which are not incorporated by reference, contain additional 
information about the subject of this AD. For service information 
identified in this AD, contact Sikorsky Aircraft Corporation, 
Customer Service Engineering, 124 Quarry Road, Trumbull, CT 06611; 
telephone 1-800-Winged-S or 203-416-4299; email 
[email protected]. You may review a copy of this 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 
76177.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 7600, Engine 
Controls.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of

[[Page 23358]]

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-76 Helicopter Alert Service Bulletin ASB 76-73-8, 
Revision A, dated December 4, 2015.
    (ii) Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary 
Revision No. 73-07, dated August 17, 2016.
    (iii) Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary 
Revision No. 73-08, dated September 20, 2017.
    (3) For Sikorsky service information identified in this AD, 
contact Sikorsky Aircraft Corporation, Customer Service Engineering, 
124 Quarry Road, Trumbull, CT 06611; telephone 1-800-Winged-S or 
203-416-4299; email [email protected].
    (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, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on May 9, 2018.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2018-10581 Filed 5-18-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                                  Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations                                          23355

                                                 (i) Bombardier Service Bulletin 600–0770,            Inoperative (OEI) incidents. The actions              these incidents resulted in a rejected
                                              including Appendix A, both Revision 01,                 of this AD are intended to detect and                 takeoff to an unprepared site.
                                              both dated March 31, 2016.                              prevent an unsafe condition on these                    The NPRM proposed to require initial
                                                 (ii) Bombardier Service Bulletin 601–0643,           products.
                                              including Appendix A, both Revision 01,
                                                                                                                                                            and recurring inspections of each CPT
                                              both dated March 31, 2016.                              DATES: This AD is effective June 25,                  by measuring resistance, linearity
                                                 (iii) Bombardier Service Bulletin 604–27–            2018.                                                 resistance movement, and differential
                                              037, including Appendix A, Revision 01,                   The Director of the Federal Register                voltage, and depending on the outcome
                                              both dated March 31, 2016.                              approved the incorporation by reference               of the inspections, replacing the CPT.
                                                 (iv) Bombardier Service Bulletin 605–27–             of certain documents listed in this AD                The proposed requirements were
                                              008, including Appendix A, Revision 01,                 as of June 25, 2018.                                  intended to detect wear of a CPT prior
                                              both dated March 31, 2016.                                                                                    to it causing an OEI condition and
                                                 (v) Bombardier Service Bulletin 650–27–              ADDRESSES: For service information
                                                                                                      identified in this final rule, contact                possible emergency landing.
                                              002, dated June 30, 2016, including
                                              Appendix A, Revision 01, dated March 31,                Sikorsky Aircraft Corporation, Customer               Comments
                                              2016.                                                   Service Engineering, 124 Quarry Road,
                                                 (3) For service information identified in            Trumbull, CT 06611; telephone 1–800–                    After our NPRM was published, we
                                              this AD, contact Bombardier, Inc., 400 Côte            Winged–S or 203–416–4299; email wcs_                  received comments from Sikorsky.
                                              Vertu Road West, Dorval, Québec H4S 1Y9,               cust_service_eng.gr-sik@lmco.com. You
                                              Canada; Widebody Customer Response
                                                                                                                                                            Request To Include an Additional Part
                                                                                                      may review a copy of the referenced                   to the AD
                                              Center North America toll-free telephone
                                              1–866–538–1247 or direct-dial telephone
                                                                                                      service information at the FAA, Office
                                                                                                      of the Regional Counsel, Southwest                       Sikorsky requested the AD also apply
                                              1–514–855–2999; fax 514–855–7401; email                                                                       to engine CPT P/N 76900–01821–105. In
                                              ac.yul@aero.bombardier.com; internet http://            Region, 10101 Hillwood Pkwy, Room
                                              www.bombardier.com.                                     6N–321, Fort Worth, TX 76177. It is also              support of this request, Sikorsky stated
                                                 (4) You may view this service information            available on the internet at http://                  that engine CPT P/N 76900–01821–105
                                              at the FAA, Transport Standards Branch,                 www.regulations.gov by searching for                  is a new replacement for engine CPT P/
                                              2200 South 216th St., Des Moines, WA. For               and locating Docket No. FAA–2017–                     N 76900–01821–104, which does not
                                              information on the availability of this                 0874.                                                 differ substantially from engine CPT P/
                                              material at the FAA, call 206–231–3195.                                                                       N 76900–01821–104 and therefore
                                                 (5) You may view this service information            Examining the AD Docket                               should be subject to the periodic
                                              that is incorporated by reference at the                   You may examine the AD docket on                   inspections.
                                              National Archives and Records
                                                                                                      the internet at http://                                  We partially agree. While engine CPT
                                              Administration (NARA). For information on
                                              the availability of this material at NARA, call         www.regulations.gov by searching for                  P/N 76900–01821–105 may be subject to
                                              202–741–6030, or go to: http://                         and locating Docket No. FAA–2017–                     the same unsafe condition because of
                                              www.archives.gov/federal-register/cfr/ibr-              0874; or in person at Docket Operations               design similarity, adding this part
                                              locations.html.                                         between 9 a.m. and 5 p.m., Monday                     would increase the scope of the AD.
                                                Issued in Des Moines, Washington, on                  through Friday, except Federal holidays.              Therefore, we plan to publish another
                                              April 27, 2018.                                         The AD docket contains this AD, any                   NPRM for P/N 76900–01821–105 to give
                                              Michael Kaszycki,                                       incorporated-by-reference service                     the public an opportunity to comment
                                                                                                      information, the economic evaluation,                 on those requirements.
                                              Acting Director, System Oversight Division,
                                              Aircraft Certification Service.                         any comments received, and other
                                                                                                                                                            Request To Remove a Test Box From
                                                                                                      information. The street address for
                                              [FR Doc. 2018–09732 Filed 5–18–18; 8:45 am]                                                                   the AD
                                                                                                      Docket Operations (phone: 800–647–
                                              BILLING CODE 4910–13–P
                                                                                                      5527) is U.S. Department of                              Sikorsky requested we remove Test
                                                                                                      Transportation, Docket Operations, M–                 Box P/N 76700–40009–042 and only
                                              DEPARTMENT OF TRANSPORTATION                            30, West Building Ground Floor, Room                  allow the use of Test Box P/N 76700–
                                                                                                      W12–140, 1200 New Jersey Avenue SE,                   40009–043 to comply with the AD. In
                                              Federal Aviation Administration                         Washington, DC 20590.                                 support of this request, Sikorsky stated
                                                                                                      FOR FURTHER INFORMATION CONTACT: Nick                 it considers Test Box P/N 76700–40009–
                                              14 CFR Part 39                                          Rediess, Aviation Safety Engineer,                    042 obsolete because Test Box P/N
                                                                                                      Boston ACO Branch, Compliance &                       76700–40009–043 is easier to use and
                                              [Docket No. FAA–2017–0874; Product                                                                            provides less subjective results.
                                              Identifier 2015–SW–082–AD; Amendment                    Airworthiness Division, 1200 District
                                              39–19282; AD 2018–10–07]                                Avenue, Burlington, MA 01803;                            We disagree. The proposed AD
                                                                                                      telephone (781) 238–7159; email                       provided procedures for both test boxes
                                              RIN 2120–AA64                                           nicholas.rediess@faa.gov.                             for the repetitive inspections. While
                                                                                                      SUPPLEMENTARY INFORMATION:                            Test Box P/N 76700–40009–043 may be
                                              Airworthiness Directives; Sikorsky                                                                            more efficient, the use of Test Box P/N
                                              Aircraft Corporation                                    Discussion                                            76700–40009–042 also addresses the
                                              AGENCY:  Federal Aviation                                 On September 14, 2017, at 82 FR                     unsafe condition. We do not find
                                              Administration (FAA), DOT.                              43195, the Federal Register published                 justification for requiring operators who
                                              ACTION: Final rule.                                     our notice of proposed rulemaking                     have Test Box P/N 76700–40009–042 to
                                                                                                      (NPRM), which proposed to amend 14                    upgrade or replace their test box.
                                              SUMMARY:   We are adopting a new                        CFR part 39 by adding an AD that                      However, we have revised the initial
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                                              airworthiness directive (AD) for                        would apply to Sikorsky Model S–76C                   inspection requirements of the AD to
                                              Sikorsky Aircraft Corporation (Sikorsky)                helicopters with a Turbomeca, S.A.,                   allow the use of Test Box P/N 76700–
                                              Model S–76C helicopters. This AD                        Arriel 2S1 or Arriel 2S2 engine with an               40009–043 as an option. We have also
                                              requires inspecting the engine collective               engine CPT part number (P/N) 76900–                   revised the repetitive inspection
                                              position transducer (CPT). This AD was                  01821–104 installed. The NPRM was                     procedures to allow the use of updated
                                              prompted by reports of wear of the CPT                  prompted by 20 reports of OEI incidents               testing procedures for Test Box P/N
                                              that has resulted in several One Engine                 resulting from wear of a CPT. One of                  76700–40009–043, which had not been


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                                              23356               Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations

                                              issued at the time we published the                     which is not incorporated by reference                Differences Between This AD and the
                                              proposed AD, as an option.                              in this AD.                                           Service Information
                                                 Lastly, Sikorsky requested we revise                   We also reviewed Sikorsky                             Sikorsky ASB 76–73–8A, TR 73–07,
                                              the unsafe condition to more accurately                 Maintenance Manual, SA 4047–76C–2,                    and TR 73–08 specify using and
                                              describe that it would be a momentary                   Temporary Revision No. 73–08, dated                   returning Sikorsky’s CPT data sheet and
                                              OEI condition. In support, Sikorsky                     September 20, 2017 (TR 73–08), which                  any failed CPT to Sikorsky. This AD
                                              stated that the unsafe condition                        updates the procedures in TR 73–07. TR                does not.
                                              statement in the proposed AD could be                   73–08 does not divide the procedures by
                                              misinterpreted as an in-flight shutdown                 CPT Test Box P/N as it eliminates the                 Costs of Compliance
                                              or engine failure. For this particular CPT              procedures for CPT Text Box P/N                         We estimate that this AD affects 90
                                              failure, Sikorsky stated normal engine                  76700–40009–042. TR 73–08 omits                       helicopters of U.S. Registry. We estimate
                                              operation is restored within                            obsolete figures and it provides                      that operators may incur the following
                                              approximately two seconds without the                   inspection results as pass or fail.                   costs in order to comply with this AD.
                                              need for any specific action by the pilot.                This service information is reasonably              Labor costs are estimated at $85 per
                                                 We agree and have made the                           available because the interested parties              work-hour.
                                              requested change accordingly.                           have access to it through their normal                  The inspections will take about 3.75
                                              FAA’s Determination                                     course of business or by the means                    work-hours for an estimated cost of
                                                                                                      identified in the ADDRESSES section.                  $319 per helicopter and $28,710 for the
                                                We have reviewed the relevant
                                              information, considered the comments                    Other Related Service Information                     U.S. fleet per inspection cycle.
                                              received, and determined that an unsafe                                                                       Replacing a CPT will take about 6 work-
                                                                                                        We reviewed Sikorsky S–76                           hours and parts will cost $3,072 for an
                                              condition exists and is likely to exist or              Helicopter ASB 76–73–8, Basic Issue,
                                              develop on other products of the same                                                                         estimated replacement cost of $3,582.
                                                                                                      dated August 21, 2015 (ASB 76–73–8).
                                              type design and that air safety and the                 ASB 76–73–8 contains the same                         Authority for This Rulemaking
                                              public interest require adopting the AD                 procedures as ASB 76–73–8A; however,
                                              requirements as proposed with the                                                                                Title 49 of the United States Code
                                                                                                      ASB 76–73–8A updates Sikorsky’s                       specifies the FAA’s authority to issue
                                              changes described previously and minor                  contact information for submitting a
                                              editorial changes. These changes are                                                                          rules on aviation safety. Subtitle I,
                                                                                                      purchase order.                                       section 106, describes the authority of
                                              consistent with the intent of the                         We also reviewed Sikorsky SA 4047–
                                              proposals in the NPRM and will not                                                                            the FAA Administrator. Subtitle VII:
                                                                                                      76C–2–1, Temporary Revision No. 5–                    Aviation Programs, describes in more
                                              increase the economic burden on any                     181, dated August 21, 2015 (TR 5–181);
                                              operator nor increase the scope of the                                                                        detail the scope of the Agency’s
                                                                                                      Task 5–20–00 of Sikorsky Airworthiness                authority.
                                              AD.                                                     Limitations and Inspection                               We are issuing this rulemaking under
                                              Interim Action                                          Requirements, Publication No. SA                      the authority described in Subtitle VII,
                                                We consider this AD to be an interim                  4047–76C–2–1, Revision 24, dated                      Part A, Subpart III, Section 44701:
                                              action. The design approval holder is                   December 15, 2015 (Task 5–20–00); and                 ‘‘General requirements.’’ Under that
                                              currently developing a modification that                Section 73–22–04 of Chapter 73 Engine                 section, Congress charges the FAA with
                                              will address the unsafe condition                       Fuel and Control, of Sikorsky                         promoting safe flight of civil aircraft in
                                              identified in this AD. Once this                        Maintenance Manual, SA 4047–76C–2,                    air commerce by prescribing regulations
                                              modification is developed, approved,                    Revision 31, dated December 15, 2015                  for practices, methods, and procedures
                                              and available, we might consider                        (Section 73–22–04). TR 5–181 specifies                the Administrator finds necessary for
                                              additional rulemaking.                                  adding CPT inspections referenced in                  safety in air commerce. This regulation
                                                                                                      Section 73–22–04 to the 300-hour                      is within the scope of that authority
                                              Related Service Information Under 1                     inspection checklist contained in Task                because it addresses an unsafe condition
                                              CFR Part 51                                             5–20–00.                                              that is likely to exist or develop on
                                                 We reviewed Sikorsky S–76                              We reviewed Sikorksy Safety                         products identified in this rulemaking
                                              Helicopter Alert Service Bulletin (ASB)                 Advisory No. SSA–S76–11–0002, dated                   action.
                                              76–73–8, Revision A, dated December 4,                  May 17, 2011. This service information
                                                                                                      provides precautionary instructions to                Regulatory Findings
                                              2015 (ASB 76–73–8A), which specifies
                                              a one-time inspection of total resistance,              minimize hazardous situations that                      This AD will not have federalism
                                              linearity resistant movement, excitation                might result from an unreliable CPT.                  implications under Executive Order
                                              voltage, and differential voltage of the                  We also reviewed Sikorsky SSI No.                   13132. This AD will not have a
                                              CPTs using CPT Text Box P/N 76700–                      76–96, dated August 19, 2016, which                   substantial direct effect on the States, on
                                              40009–042.                                              specifies procedures to modify CPT Test               the relationship between the national
                                                 We reviewed Sikorsky Maintenance                     Box P/N 76700–40009–042 and re-                       government and the States, or on the
                                              Manual, SA 4047–76C–2, Temporary                        identify it as P/N 76700–40009–043.                   distribution of power and
                                              Revision No. 73–07, dated August 17,                    This one-time modification reduces the                responsibilities among the various
                                              2016 (TR 73–07), which specifies                        instructions to inspect the CPT and                   levels of government.
                                              procedures for removing, installing, and                improves the inspection accuracy.                       For the reasons discussed above, I
                                              adjusting the CPTs, and inspections of                    We reviewed Sikorsky SSI No. 76–87,                 certify that this AD:
                                              total resistance, linearity resistant                   dated July 24, 2015, and SSI No. 76–                    (1) Is not a ‘‘significant regulatory
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                                              movement, excitation voltage, and                       87A, Revision A, dated August 21, 2015.               action’’ under Executive Order 12866;
                                              differential voltage of the CPTs. TR 73–                These SSIs specify a one-time                           (2) Is not a ‘‘significant rule’’ under
                                              07 also divides the procedures by CPT                   inspection of total resistance, linearity             DOT Regulatory Policies and Procedures
                                              Test Box P/N by providing separate                      resistant movement, excitation voltage,               (44 FR 11034, February 26, 1979);
                                              procedures for test boxes modified by                   and differential voltage of the CPTs                    (3) Will not affect intrastate aviation
                                              Sikorsky Special Service Instructions                   using CPT Text Box P/N 76700–40009–                   in Alaska to the extent that it justifies
                                              (SSI) No. 76–96, dated August 19, 2016,                 042.                                                  making a regulatory distinction; and


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                                                                  Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations                                              23357

                                                (4) Will not have a significant                       following paragraph 3.B.(11) of Sikorsky              of TR 73–08, except you are not required to
                                              economic impact, positive or negative,                  Maintenance Manual, SA 4047–76C–2,                    use Sikorsky’s CPT data sheet or return a
                                              on a substantial number of small entities               Temporary Revision No. 73–08, dated                   failed CPT to Sikorsky.
                                                                                                      September 20, 2017 (TR 73–08), if using Test
                                              under the criteria of the Regulatory                                                                          (f) Credit for Previous Actions
                                                                                                      Box P/N 76700–40009–043. You are not
                                              Flexibility Act.                                        required to use Sikorsky’s CPT data sheet or             Actions accomplished before the effective
                                                We prepared an economic evaluation                    submit a data sheet to Sikorsky.                      date of this AD in accordance with the
                                              of the estimated costs to comply with                     (ii) Measure the linearity resistance               procedures specified in Sikorsky S–76
                                              this AD and placed it in the AD docket.                 movement of each engine CPT and replace               Helicopter Alert Service Bulletin ASB 76–
                                                                                                      the CPT if there is a linear abnormality or           73–8, Basic Issue, dated August 21, 2015;
                                              List of Subjects in 14 CFR Part 39                      change in resistance that is not within               Sikorsky Special Service Instruction SSI No.
                                                Air transportation, Aircraft, Aviation                tolerance by following the Accomplishment             76–87, dated July 24, 2015; or Sikorsky
                                              safety, Incorporation by reference,                     Instructions, paragraphs 3.D.(1) through              Special Service Instruction SSI No. 76–87,
                                                                                                      3.D.(14)(b), of ASB 76–73–8A, if using Test           Revision A, dated August 21, 2015, are
                                              Safety.                                                                                                       considered acceptable for compliance with
                                                                                                      Box P/N 76700–40009–042 or by following
                                              Adoption of the Amendment                               paragraph 3.B.(12) of TR 73–08, if using Test         the corresponding actions specified in
                                                                                                      Box P/N 76700–40009–043. You are not                  paragraph (e)(1) of this AD.
                                                Accordingly, under the authority                      required to use Sikorsky’s CPT data sheet or
                                              delegated to me by the Administrator,                                                                         (g) Alternative Methods of Compliance
                                                                                                      submit a data sheet to Sikorsky.
                                              the FAA amends 14 CFR part 39 as                                                                              (AMOCs)
                                                                                                        (iii) Measure the differential voltage of
                                              follows:                                                each engine CPT and replace the CPT if the               (1) The Manager, Boston ACO Branch,
                                                                                                      measured voltage is not within tolerance by           FAA, may approve AMOCs for this AD. Send
                                              PART 39—AIRWORTHINESS                                   following the Accomplishment Instructions,            your proposal to: Nick Rediess, Aviation
                                              DIRECTIVES                                              paragraphs 3.E. through 3.G.(1) of ASB 76–            Safety Engineer, Boston ACO Branch,
                                                                                                      73–8A, if using Test Box P/N 76700–40009–             Compliance & Airworthiness Division, 1200
                                              ■ 1. The authority citation for part 39                 042 or by following paragraph 3.B.(13) of TR          District Avenue, Burlington, MA 01803;
                                              continues to read as follows:                           73–08, if using Test Box P/N 76700–40009–             telephone (781) 238–7159; email
                                                                                                      043. You are not required to use Sikorsky’s           nicholas.rediess@faa.gov.
                                                  Authority: 49 U.S.C. 106(g), 40113, 44701.          CPT data sheet or submit a data sheet to                 (2) For operations conducted under a 14
                                                                                                      Sikorsky.                                             CFR part 119 operating certificate or under
                                              § 39.13   [Amended]                                                                                           14 CFR part 91, subpart K, we suggest that
                                                                                                        (2) Thereafter, at intervals not to exceed
                                              ■ 2. The FAA amends § 39.13 by adding                   300 hours TIS:                                        you notify your principal inspector, or
                                              the following new airworthiness                           (i) If using Test Box P/N 76700–40009–042:          lacking a principal inspector, the manager of
                                                                                                        (A) Measure resistance of each engine CPT           the local flight standards district office or
                                              directive (AD):
                                                                                                      and replace the CPT if the resistance is not          certificate holding district office before
                                              2018–10–07 Sikorsky Aircraft Corporation:               within tolerance by following paragraph               operating any aircraft complying with this
                                                  Amendment 39–19282; Docket No.                      4.B.(11) of Sikorsky Maintenance Manual, SA           AD through an AMOC.
                                                  FAA–2017–0874; Product Identifier                   4047–76C–2, Temporary Revision No. 73–07,
                                                  2015–SW–082–AD.                                                                                           (h) Additional Information
                                                                                                      dated August 17, 2016 (TR 73–07), except
                                                                                                                                                               Sikorsky S–76 Helicopter Alert Service
                                              (a) Applicability                                       you are not required to use Sikorsky’s CPT
                                                                                                                                                            Bulletin ASB 76–73–8, Basic Issue, dated
                                                                                                      data sheet or return a failed CPT to Sikorsky.
                                                 This AD applies to Sikorsky Aircraft                                                                       August 21, 2015; Sikorsky SA 4047–76C–2–
                                                                                                        (B) Measure the linearity resistance
                                              Corporation Model S–76C helicopters,                                                                          1, Temporary Revision No. 5–181, dated
                                                                                                      movement of each engine CPT and replace               August 21, 2015; Task 5–20–00 of Sikorsky
                                              certificated in any category, with a
                                                                                                      the CPT if the movement exceeds tolerance             Airworthiness Limitations and Inspection
                                              Turbomeca, S.A., Arriel 2S1 or Arriel 2S2
                                                                                                      by following paragraphs 4.B.(12)(a) through           Requirements, Publication No. SA 4047–
                                              engine with an engine collective position
                                                                                                      4.B.(13)(f) of TR 73–07, except you are not           76C–2–1, Revision 24, dated December 15,
                                              transducer (CPT) part number 76900–01821–
                                                                                                      required to use Sikorsky’s CPT data sheet or          2015; Section 73–22–04 of Chapter 73 Engine
                                              104 installed.
                                                                                                      return a failed CPT to Sikorsky.                      Fuel and Control, of Sikorsky Maintenance
                                              (b) Unsafe Condition                                      (C) Measure the differential voltage of each        Manual, SA 4047–76C–2, Revision 31, dated
                                                 This AD defines the unsafe condition as              CPT by following paragraphs 4.B.(14)                  December 15, 2015; Sikorksy Safety Advisory
                                              failure of a CPT. This condition could result           through 4.B.(15)(h) of TR 73–07, except you           No. SSA–S76–11–0002, dated May 17, 2011;
                                              in a reduction in power to one engine                   are not required to use Sikorsky’s CPT data           Sikorsky Special Service Instruction (SSI)
                                              resulting in an annunciated momentary One               sheet. If the maximum voltage is greater than         No. 76–96, dated August 19, 2016; Sikorsky
                                              Engine Inoperative (OEI) condition and                  100 millivolts or the minimum voltage is less         SSI No. 76–87, dated July 24, 2015; and
                                              subsequent emergency landing.                           than ¥100 millivolts, replace the CPT.                Sikorsky SSI No. 76–87, Revision A, dated
                                                                                                        (ii) For helicopters using Test Box P/N             August 21, 2015, which are not incorporated
                                              (c) Effective Date                                      76700–40009–043:                                      by reference, contain additional information
                                                 This AD becomes effective June 25, 2018.               (A) Measure resistance of each engine CPT           about the subject of this AD. For service
                                                                                                      and replace the CPT if the resistance is not          information identified in this AD, contact
                                              (d) Compliance                                          within tolerance by following paragraph               Sikorsky Aircraft Corporation, Customer
                                                You are responsible for performing each               5.B.(11) of TR 73–07 or paragraph 3.B.(11) of         Service Engineering, 124 Quarry Road,
                                              action required by this AD within the                   TR 73–08, except you are not required to use          Trumbull, CT 06611; telephone 1–800-
                                              specified compliance time unless it has                 Sikorsky’s CPT data sheet or return a failed          Winged-S or 203–416–4299; email wcs_cust_
                                              already been accomplished prior to that time.           CPT to Sikorsky.                                      service_eng.gr-sik@lmco.com. You may
                                                                                                        (B) Measure the resistance linearity of each        review a copy of this service information at
                                              (e) Required Actions                                    engine CPT and replace the CPT if the                 the FAA, Office of the Regional Counsel,
                                                 (1) Within 130 hours time-in-service (TIS):          resistance is not within tolerance by                 Southwest Region, 10101 Hillwood Pkwy,
                                                 (i) Measure resistance of each engine CPT            following paragraph 5.B.(12) of TR 73–07 or           Room 6N–321, Fort Worth, TX 76177.
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                                              and replace the CPT if the measured                     paragraph 3.B.(12) of TR 73–08, except you
                                              resistance is not within tolerance by                   are not required to use Sikorsky’s CPT data           (i) Subject
                                              following the Accomplishment Instructions,              sheet or return a failed CPT to Sikorsky.                Joint Aircraft Service Component (JASC)
                                              paragraphs 3.C.(1) through 3.C.(8)(b), of                 (C) Measure the differential voltage of each        Code: 7600, Engine Controls.
                                              Sikorsky S–76 Helicopter Alert Service                  engine CPT and replace the CPT if the
                                              Bulletin ASB 76–73–8, Revision A, dated                 resistance is not within tolerance by                 (j) Material Incorporated by Reference
                                              December 4, 2015 (ASB 76–73–8A), if using               following paragraphs 5.B.(13)(a) through                 (1) The Director of the Federal Register
                                              Test Box P/N 76700–40009–042 or by                      5.B.(13)(k) of TR 73–07 or paragraph 3.B.(13)         approved the incorporation by reference of



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                                              23358               Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations

                                              the service information listed in this                  human food. In a declaratory order                    distributors and other members of the
                                              paragraph under 5 U.S.C. 552(a) and 1 CFR               announcing our final determination, we                food industry that they have an
                                              part 51.                                                set a compliance date of June 18, 2018.               obligation to ensure that the food they
                                                 (2) You must use this service information                                                                  manufacture, distribute, sell, or
                                                                                                      We are now extending the compliance
                                              as applicable to do the actions required by
                                              this AD, unless the AD specifies otherwise.             date for certain uses of PHOs.                        otherwise market complies with the
                                                 (i) Sikorsky S–76 Helicopter Alert Service           DATES: Compliance dates: See sections II              Federal Food, Drug, and Cosmetic Act
                                              Bulletin ASB 76–73–8, Revision A, dated                 and III of this document.                             (FD&C Act) (80 FR 34650 at 34655).
                                              December 4, 2015.                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               In the Federal Register of October 28,
                                                 (ii) Sikorsky Maintenance Manual, SA                 Ellen Anderson, Center for Food Safety                2015 (80 FR 65978), we published a
                                              4047–76C–2, Temporary Revision No. 73–07,
                                                                                                      and Applied Nutrition (HFS–265), Food                 document announcing that we had filed
                                              dated August 17, 2016.                                                                                        a food additive petition submitted by
                                                 (iii) Sikorsky Maintenance Manual, SA                and Drug Administration, 5001 Campus
                                                                                                      Dr., College Park, MD 20740, 240–402–                 the Grocery Manufacturers Association
                                              4047–76C–2, Temporary Revision No. 73–08,                                                                     (GMA) seeking approval for certain uses
                                              dated September 20, 2017.                               1309, email: ellen.anderson@
                                                                                                      fda.hhs.gov.                                          of PHOs in or on select foods. We
                                                 (3) For Sikorsky service information
                                              identified in this AD, contact Sikorsky                                                                       initially filed the food additive petition
                                                                                                      SUPPLEMENTARY INFORMATION:                            on October 1, 2015. GMA subsequently
                                              Aircraft Corporation, Customer Service
                                              Engineering, 124 Quarry Road, Trumbull, CT              I. Background                                         amended their food additive petition,
                                              06611; telephone 1–800-Winged-S or 203–                                                                       and it was re-filed on March 7, 2017.
                                              416–4299; email wcs_cust_service_eng.gr-
                                                                                                         In the Federal Register of June 17,                The amended food additive petition
                                              sik@lmco.com.                                           2015 (80 FR 34650), we issued a final                 requested that the food additive
                                                 (4) You may view this service information            determination that there is no longer a               regulations be amended to provide for
                                              at FAA, Office of the Regional Counsel,                 consensus among qualified experts that                the safe use of PHOs in certain food
                                              Southwest Region, 10101 Hillwood Pkwy,                  PHOs are GRAS for any use in human                    applications. Elsewhere in this issue of
                                              Room 6N–321, Fort Worth, TX 76177. For                  food. Because PHOs are the primary                    the Federal Register, we have published
                                              information on the availability of this                 dietary source of IP–TFA, FDA’s
                                              material at the FAA, call (817) 222–5110.                                                                     a document announcing our denial of
                                                                                                      evaluation of the GRAS status of PHOs                 this food additive petition.
                                                 (5) You may view this service information            centered on the trans fatty acid
                                              that is incorporated by reference at the                                                                         For purposes of this document
                                              National Archives and Records
                                                                                                      component of these fats and oils. We                  extending the compliance date for
                                              Administration (NARA). For information on               based our determination on available                  certain uses of PHOs, we refer to the
                                              the availability of this material at NARA, call         scientific evidence and the findings of               specified uses of PHOs in GMA’s food
                                              (202) 741–6030, or go to: http://                       expert scientific panels establishing the             additive petition as the ‘‘petitioned
                                              www.archives.gov/federal-register/cfr/ibr-              health risks associated with the                      uses’’ and all other uses of PHOs not
                                              locations.html.                                         consumption of trans fat. FDA’s                       authorized by FDA as ‘‘non-petitioned
                                                Issued in Fort Worth, Texas, on May 9,                determination identified significant                  uses.’’ We refer to ‘‘manufacturing’’ in
                                              2018.                                                   human health risks, namely an                         this document as making food from one
                                              Lance T. Gant,                                          increased risk of coronary heart disease,             or more ingredients, or synthesizing,
                                              Director, Compliance & Airworthiness                    associated with the consumption of                    preparing, treating, modifying or
                                              Division, Aircraft Certification Service.               trans fat (78 FR 67169 at 67172; 80 FR                manipulating food, including food crops
                                              [FR Doc. 2018–10581 Filed 5–18–18; 8:45 am]             34650 at 34659).                                      or ingredients. See 21 CFR 1.227.
                                                                                                         The order established a 3-year                        On March 23, 2018, the Consolidated
                                              BILLING CODE 4910–13–P
                                                                                                      compliance date, to June 18, 2018, to                 Appropriations Act, 2018, (Pub. L. 115–
                                                                                                      allow time for food manufacturers using               141) was enacted into law. Section 738
                                                                                                      PHOs to identify suitable replacement                 of the Consolidated Appropriations Act,
                                              DEPARTMENT OF HEALTH AND                                ingredients for PHOs and to reformulate               2018, provided that no PHOs, as defined
                                              HUMAN SERVICES                                          and modify labeling of affected                       in our declaratory order, shall be
                                              Food and Drug Administration                            products. The 3-year compliance date                  deemed unsafe within the meaning of
                                                                                                      was also intended to allow time for                   section 409(a) of the FD&C Act (21
                                              21 CFR Part 172                                         submission and review and, if                         U.S.C. 348(a)) and no food that is
                                                                                                      applicable requirements were met,                     introduced or delivered for introduction
                                              [Docket No. FDA–2013–N–1317]                            approval of food additive petitions for               into interstate commerce that bears or
                                                                                                      uses of PHOs for which industry or                    contains a partially hydrogenated oil
                                              Final Determination Regarding                           other interested individuals believe that             shall be deemed adulterated under
                                              Partially Hydrogenated Oils                             safe conditions of use may be                         sections 402(a)(1) or (a)(2)(C)(i) of the
                                              AGENCY:    Food and Drug Administration,                prescribed. Finally, this compliance                  FD&C Act (21 U.S.C. 342(a)(1) or
                                              HHS.                                                    date was also intended to give                        (a)(2)(C)(i)) by virtue of bearing or
                                              ACTION: Notification; declaratory order;                manufacturers time to exhaust existing                containing a partially hydrogenated oil,
                                              extension of compliance date.                           inventories and give distributors and                 until June 18, 2018.
                                                                                                      retailers time to distribute products with
                                              SUMMARY:   Based on the available                       PHOs (80 FR 34650 at 34669). We based                 II. Extension of the Compliance Date for
                                              scientific evidence and the findings of                 the compliance date on the information                Certain Uses
                                              expert scientific panels, the Food and                  available, including comments on the                     We have been informed by a number
                                              Drug Administration (FDA or we) made                    proposed order (80 FR 34650 at 34668                  of trade associations representing many
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                                              a final determination that there is no                  to 34669).                                            segments of the food industry that they
                                              longer a consensus among qualified                         In the 2015 final order, we stated that            have replaced the PHO uses that are not
                                              experts that partially hydrogenated oils                food that is adulterated may be subject               covered by the food additive petition
                                              (PHOs), which are the primary dietary                   to seizure and distributors,                          (the non-petitioned uses) and thus will
                                              source of industrially produced trans                   manufacturers, and other parties                      be able to stop using PHOs by the June
                                              fatty acids (IP–TFA), are generally                     responsible for such food may be subject              18, 2018, compliance date (Ref. 1).
                                              recognized as safe (GRAS) for any use in                to injunction. We also reminded                       However, the trade associations also


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Document Created: 2018-11-02 11:07:20
Document Modified: 2018-11-02 11:07:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective June 25, 2018.
ContactNick Rediess, Aviation Safety Engineer, Boston ACO Branch, Compliance & Airworthiness Division, 1200 District Avenue, Burlington, MA 01803; telephone (781) 238-7159; email [email protected]
FR Citation83 FR 23355 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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