31796 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

use when measuring the long-term 

insulation performance of the foam 

insulation used in a walk-in freezer 

unit. The published temperature, 35 °F 

± 1 °F—a temperature that exceeds the 

safe storage of frozen perishable items— 

conflicts with the mandatory 20 °F 

requirement that Congress had 

prescribed as part of the EISA 2007 

amendments governing the testing of 

insulation foam used in walk-in 

freezers. See 42 U.S.C. 6314(a)(9)(A)(iii) 

(indicating that the insulation value of 

the foam used with walk-in freezers 

shall be calculated using a temperature 

of 20 °F). This higher temperature also 

exceeds the temperature at which a 

walk-in freezer unit would normally 

operate. Additionally, the temperature 

conditions specified throughout the 

remaining portions of the recently 

promulgated test procedure for walk-in 

freezers are consistent with the 

operation of a freezer and substantially 

lower than 35 °F. See, e.g. 10 CFR part 

431, subpart R, Appendix A, Sec. 

5.3(a)(2)(i) (specifying the air 

temperature for freezer internal cooling 

conditions at -10 °F). DOE also notes 

that the preamble to the final rule 

explained that, consistent with the 

statute, a 20 °F requirement was being 

adopted in the regulations when testing 

the long-term performance of insulating 

foam for walk-in freezer applications. 

Another necessary correction to the text 

is that a period is needed for both 

conditions to clarify that the two 

conditions pertain to two situations— 

one for freezers and one for coolers. 

In light of the applicable statutory 

requirement, the clear inconsistency 

between the currently published 

temperature testing condition and the 

actual temperatures at which the tested 

products operate, and the fact that DOE 

specifically stated in the final rule’s 

preamble that the rule would apply a 20 

°F requirement for walk-in freezer 

applications, DOE finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

not provide prior notice and an 

opportunity for public comment on the 

changes contained in this document. 

For the reasons discussed above, 

providing prior notice and an 

opportunity for public comment would 

be unnecessary and contrary to the 

public interest. 

Accordingly, this correction 

document revises the temperature 

requirement specified in 10 CFR part 

431, subpart R, Appendix A, section 

5.2(a)(1)(i) to specify a 20 °F 

requirement for testing the insulation 

performance of walk-in freezer 

insulation foam and adds a period at the 

end of 10 CFR part 431, subpart R, 

Appendix A, sections 5.2(a)(1)(i) and 

5.2(a)(1)(ii). 

List of Subjects in 10 CFR Part 431 

Administrative practice and 

procedure, Energy conservation, 

Reporting and recordkeeping 

requirements. 

Issued in Washington, DC on May 26, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

For the reasons stated in the 

preamble, DOE corrects 10 CFR part 431 

as set forth below. 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

Appendix A [Corrected] 

■ 2. In Appendix A to subpart R of part 

431, revise sections 5.2(1)(i) and 

5.2(1)(ii) to read as follows: 

Appendix A to Subpart R of Part 431— 

Uniform Test Method for the 

Measurement of Energy Consumption of 

the Components of Envelopes of WalkIn Coolers and Walk-In Freezers 

* * * * * 

5.2 Measuring Long Term Thermal 

Resistance (LTTR) of Insulating Foam 

* * * * * 

(1) * * * 

(i) For freezers: 20 °F ± 1 °F must be used. 

(ii) For coolers: 55 °F ± 1 °F must be used. 

* * * * * 

[FR Doc. 2011–13653 Filed 6–1–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0548; Directorate 

Identifier 2011–SW–025–AD; Amendment 

39–16710; AD 2011–12–03] 

RIN 2120–AA64 

Airworthiness Directives; Sikorsky 

Aircraft Corporation (Sikorsky) Model 

S–92A Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

Sikorsky Model S–92A helicopters. This 

AD requires a nondestructive inspection 

(NDI), eddy current or fluorescent 

penetrant inspection (FPI), of each main 

gearbox (MGB) upper housing assembly 

rib on the left, right, and forward MGB 

mounting foot at specified intervals 

based on the MGB upper housing 

assembly hours time-in-service (TIS). If 

there is a crack, this AD requires 

replacing the MGB upper housing 

assembly with an airworthy MGB upper 

housing assembly. This AD is prompted 

by a report of a crack found on the MGB 

upper housing assembly left mounting 

foot forward rib that cannot be detected 

visually. We are issuing this AD to 

prevent loss of the MGB and subsequent 

loss of control of the helicopter. 

DATES: This AD is effective June 17, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of June 17, 2011. 

We must receive comments on this 

AD by August 1, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Sikorsky Aircraft 

Corporation, Attn: Manager, 

Commercial Technical Support, 

mailstop S581A, 6900 Main Street, 

Stratford, CT, telephone (203) 383–4866, 

e-mail address tsslibrary@sikorsky.com, 

or at http://www.sikorsky.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone: 

800–647–5527) is in the ADDRESSES


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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 31797 

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Michael Schwetz, Aviation Safety 

Engineer, Boston Aircraft Certification 

Office, 12 New England Executive Park, 

Burlington, MA 01803, telephone (781) 

238–7761, fax (781) 238–7170, 

Michael.Schwetz@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We are adopting a new AD for the 

Sikorsky Model S–92A helicopters. This 

AD requires an NDI, eddy current or 

FPI, of each MGB upper housing 

assembly rib on the left, right, and 

forward MGB mounting foot for a crack 

because it cannot be detected visually. 

This AD is prompted by a report of a 

crack found on the MGB upper housing 

assembly left mounting foot forward rib 

during removal of an MGB that had 

reached its life limit of 1,000 hours TIS. 

The MGB mounting foot has a history of 

two types of cracks. The visual 

inspection for these two types of cracks 

is required in AD 2010–24–04 (75 FR 

70812, November 19, 2010). The 

discovery of a third type of crack on the 

left mounting foot forward rib may not 

be reliably detected by visual 

inspection. This condition, if not 

detected and corrected, could result in 

loss of the MGB, and subsequent loss of 

control of the helicopter. 

Relevant Service Information 

We reviewed Sikorsky Alert Service 

Bulletin No. 92–63–025A, Revision A, 

dated May 12, 2011 (ASB). The ASB 

specifies a one-time NDI of the MGB 

assembly at the mounting foot ribs for 

cracks. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other helicopters of the same 

type design. 

AD Requirements 

This AD requires, at specified 

intervals based on the MGB upper 

housing assembly hours TIS, eddy 

current or FPI inspecting the left, right, 

and forward MGB upper housing 

mounting foot ribs for a crack. If there 

is a crack, the AD requires replacing the 

MGB upper housing assembly with an 

airworthy MGB upper housing 

assembly. This AD requires 

accomplishing the actions by following 

the specified portions in the ASB. 

Differences Between the AD and the 

Service Information 

We refer to ‘‘flight hours’’ as ‘‘hours 

TIS.’’ This AD requires the inspection to 

be done by an ASNT Level 2 or 

equivalent inspector and this AD 

requires recurring inspections. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because of the short compliance 

time required to NDI certain MGB upper 

housing assembly mounting foot ribs for 

a crack. Therefore, we find that notice 

and opportunity for prior public 

comment are impracticable and that 

good cause exists for making this 

amendment effective in less than 30 

days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include the docket number 

FAA–2011–0548 and Directorate 

Identifier 2011–SW–025–AD at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD affects 29 

helicopters of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

helicopter 

Cost on U.S. 

operators 

NDI of each left, right, and 

forward MGB mounting 

foot rib.

29 helicopters × 3.5 workhours per inspection × 

16 inspections per year 

× $85 per work-hour = 

$138,040. 

1 × 56 work-hours × $85 

per work-hour = $4,760, 

to replace 1 MGB.

$286,000 for a MGB upper 

housing.

$4,760 to do 16 NDI inspections per year.$428,800, assuming 1 replacement of the MGB 

upper housing assembly. 

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 


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31798 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

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) Does not warrant making 

distinction for intrastate aviation in 

Alaska, and 

(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. 

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 

■ 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 (AD): 

2011–12–03 Sikorsky Aircraft Corporation 

(Sikorsky): Amendment 39–16710; 

Docket No. FAA–2011–0548; Directorate 

Identifier 2011–SW–025–AD. 

Effective Date 

(a) This AD is effective June 17, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) Model S–92A helicopters with main 

gearbox (MGB) upper housing assembly, part 

number (P/N) 92351–15110–042, –043, –044, 

–045, or –046, installed, certificated in any 

category. 

Unsafe Condition 

(d) This AD is prompted by a report of a 

crack found on the MGB left mounting foot 

forward rib that may not be found during a 

visual inspection. We are issuing this AD to 

prevent loss of a MGB and subsequent loss 

of control of the helicopter. 

Compliance 

(e) For each MGB upper housing assembly 

with 700 or more hours time-in-service (TIS), 

within 30 hours TIS, unless already done, or 

for each MGB upper housing assembly with 

more than 500 hours TIS but less than 700 

hours TIS, within 50 hours TIS, unless 

already done, and for all helicopters 

thereafter at intervals not to exceed 50 hours 

TIS: 

(1) Clean and Eddy Current inspect the 

forward, left, and right MGB mounting foot 

ribs for a crack by following the 

Accomplishment Instructions, paragraphs 

3.C. through 3.D.(2)(d), of Sikorsky Alert 

Service Bulletin No. 92–63–025A, Revision 

A, dated May 12, 2011 (ASB); or 

(2) Clean and fluorescent penetrant inspect 

(FPI) the MGB mounting foot ribs for a crack 

by following the Accomplishment 

Instructions, paragraphs 3.E.(1) through 

3.E.(5), of the ASB. 

(3) An inspector qualified to ASNT Level 

II or equivalent is required to perform the 

nondestructive inspection (NDI), by Eddy 

Current or FPI, of the left, right, and forward 

MGB mounting foot ribs for a crack. 

(f) If there is a crack, before further flight, 

replace the MGB upper housing assembly 

with an airworthy MGB upper housing 

assembly. 

Note: Sikorsky has developed a Phase III 

MGB upper housing assembly, P/N 92351– 

15310–041, is not subject to the 

‘‘Applicability’’ of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Boston Aircraft 

Certification Office, 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 ACO, send it to the 

attention of the person identified in the 

Additional Information section of this AD. 

(2) Before using any approved AMOC, we 

request that you notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. 

Additional Information 

(h) For more information about this AD, 

contact Michael Schwetz, Aviation Safety 

Engineer, Boston Aircraft Certification Office, 

12 New England Executive Park, Burlington, 

MA 01803, telephone (781) 238–7761, fax 

(781) 238–7170, E-mail 

Michael.Schwetz@faa.gov. 

Material Incorporated by Reference 

(i)(1) Inspect the MGB upper housing 

assembly mounting foot ribs for a crack by 

following the specified portions of Sikorsky 

Alert Service Bulletin No. 92–63–025A, 

Revision A, dated May 12, 2011. The Director 

of the Federal Register approved the 

incorporation by reference of the service 

information. 

(2) For service information identified in 

this AD, contact Sikorsky Aircraft 

Corporation, Attn: Manager, Commercial 

Technical Support, mailstop S581A, 6900 

Main Street, Stratford, CT, telephone (203) 

383–4866, e-mail address 

tsslibrary@sikorsky.com, or at http:// 

www.sikorsky.com. 

(3) Copies may be inspected at the FAA, 

Office of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 663, Fort 

Worth, Texas, or at the National Archives 

and Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Subject 

(j) The Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code is 6320 Main Gearbox. 

Issued in Fort Worth, Texas on May 24, 

2011. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–13531 Filed 6–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0506; Directorate 

Identifier 2010–SW–020–AD; Amendment 

39–16703; AD 2011–11–04] 

RIN 2120–AA64 

Airworthiness Directives; L’Hotellier 

Portable Halon 1211 Fire Extinguishers 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for the 

specified fire extinguishers. This action 

requires replacing each unairworthy 

portable fire extinguisher with an 

airworthy portable fire extinguisher. 

This amendment is prompted by an 

ongoing investigation that has 

established that unapproved Halon 1211 

has been used to fill L’Hotellier portable 

fire extinguishers that are likely to be 

onboard various model helicopters. The 

actions specified in this AD are 

intended to prevent using contaminated 

gas that may reduce fire suppression 

and release toxic fumes that would 

endanger the safety of the helicopter 

and its occupants. 

DATES: Effective June 17, 2011. 

Comments for inclusion in the Rules 

Docket must be received on or before 

August 1, 2011. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 


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