[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Proposed Rules]
[Pages 29148-29149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14356]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0559; Directorate Identifier 2008-SW-66-AD]
RIN 2120-AA64


Airworthiness Directives; Sikorsky Aircraft Corporation 
(Sikorsky) Model S-92A Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes adopting a new airworthiness directive 
(AD) for Sikorsky Model S-92A helicopters. The AD would require 
revising the Limitations section of the Rotorcraft Flight Manual (RFM) 
by clarifying that the Model S-92A helicopter was certificated as a 
transport category rotorcraft in both Categories A and B with different 
operating limitations for each category and must be operated 
accordingly. We have received reports that some operators are 
inappropriately operating Model S-92A helicopters using Category B 
limitations when the helicopter is configured with 10 or more passenger 
seats. Operating this helicopter when configured with 10 or more 
passenger seats and adhering to the less stringent limitations for the 
Category B configuration approved for a 9 or less passenger seat 
configuration does not maintain the FAA required minimum level of 
safety. This condition if not corrected, could result in operating 
under less stringent requirements.

DATES: Comments must be received on or before August 18, 2009.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD:
     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, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, 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 FURTHER INFORMATION CONTACT: John Coffey, Flight Test Engineer, 
Boston Aircraft Certification Office, 12 New England Executive Park, 
Burlington, MA 01803, telephone (781) 238-7161, fax (781) 238-7170.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any written data, views, or arguments 
regarding this proposed AD. Send your comments to the address listed 
under the caption ADDRESSES. Include the docket number ``FAA-2009-0559, 
Directorate Identifier 2008-SW-66-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this proposed rulemaking. Using the 
search function of our docket Web site, you can find and read the 
comments to any of our dockets, including the name of the individual 
who sent or signed the comment. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000.

Examining the Docket

    You may examine the docket that contains the proposed AD, any 
comments, and other information in person at the Docket Operations 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Operations office (telephone (800) 647-5527) is 
located in Room

[[Page 29149]]

W12-140 on the ground floor of the West Building at the street address 
stated in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

Discussion

    This document proposes adopting a new AD for Sikorsky Model S-92A 
helicopters. The AD would require revising the Limitations section of 
the RFM by clarifying that the Model S-92A helicopter was certificated 
as a transport category rotorcraft in both Categories A and B with 
different operating limitations for each category and must be operated 
accordingly. The Model S-92A helicopter was certificated to Category A 
requirements on December 17, 2002, and certificated to Category B 
requirements on May 7, 2004. When the Model S-92A is configured with 10 
or more passenger seats, it is a Category A rotorcraft, and operators 
must follow the limitations for Category A. When it is configured with 
9 or less passenger seats, it may be considered a Category B 
rotorcraft, and operators may follow the less stringent Category B 
limitations. The current limitation language in the RFM does not make a 
clear distinction between Categories A and B based on the seating 
configuration. We have received reports that some operators are 
inappropriately operating Model S-92A helicopters using Category B 
limitations when the helicopter is configured with 10 or more passenger 
seats. Operating this helicopter when configured with 10 or more 
passenger seats and adhering to the less stringent limitations for the 
Category B configuration approved for a 9 or less passenger seat 
configuration does not maintain the FAA required minimum level of 
safety. Therefore, we are proposing to change the Limitations section 
of the RFM to make it clear that this model helicopter is a Category A 
helicopter when configured with 10 or more passenger seats.
    This unsafe condition is likely to exist or develop on other 
helicopters of the same type design. Therefore, the proposed AD would 
require revising the Limitations section of the RFM by replacing the 
wording in Part 1, Section 1, of the Operating Limitations under Types 
of Operation. Replace this wording: ``Category `A' and `B', Day, Night, 
VFR and IFR, transport, with maximum seating for 19 passengers'' with 
this wording: ``Category `A' with a maximum of 19 passenger seats or 
Category `B' with 9 or less passenger seats; day, night, VFR and IFR.''
    We estimate this proposed AD would affect about 65 helicopters of 
U.S. registry. Revising the RFM would result in minimal costs.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. Additionally, this proposed 
AD would not have a substantial direct effect on the States, on the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

Sikorsky Aircraft Corporation: Docket No. FAA-2009-0559; Directorate 
Identifier 2008-SW-66-AD.

Applicability

    Model S-92A helicopters, certificated in any category.

Compliance

    Within the next 10 days, unless accomplished previously.
    To prevent operating under less stringent requirements, do the 
following:
    (a) Make the following pen and ink changes or insert a copy of 
this AD into the Limitations section of the Rotorcraft Flight Manual 
(RFM), Part 1, Section 1, of the Operating Limitations under Types 
of Operation:
    Replace this wording:
    ``Category `A' and `B', Day, Night, VFR and IFR, transport, with 
maximum seating for 19 passengers''
    With this wording:
    ``Category `A' with a maximum of 19 passenger seats or Category 
`B' with 9 or less passenger seats; Day, Night, VFR and IFR.''
    (b) Making the change required by paragraph (a) of this AD is 
terminating action for the requirements of this AD.
    (c) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Manager, Boston Aircraft Certification Office, FAA, 
ATTN: John Coffey, Flight Test Engineer, 12 New England Executive 
Park, Burlington, MA 01803, telephone (781) 238-7161, fax (781) 238-
7170, for information about previously approved alternative methods 
of compliance.

    Issued in Fort Worth, Texas, on June 15, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-14356 Filed 6-18-09; 8:45 am]
BILLING CODE 4910-13-P