[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Proposed Rules]
[Pages 65496-65497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1088; Directorate Identifier 2008-SW-76-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 the Sikorsky Model S-92A helicopters. The AD would require 
revising the Rotorcraft Flight Manual (RFM), Operating Limitations 
section, to make it clear to operators that this model helicopter was 
not certificated to the standards that allow for the carriage of human 
external cargo. This proposal is prompted by a mistake in the RFM, 
which allows ``Class D'' rotorcraft load combinations for human 
external cargo load (HEC) operations for this model. The Model S-92A 
RFM does not include the required one-engine inoperative (OEI) hover 
performance and procedures. The actions specified by the proposed AD 
are intended to correct the Limitations section of the RFM to prevent 
HEC operations, which could result in injury or loss of life.

DATES: Comments must be received on or before February 8, 2010.

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.
    You may get the service information identified in this proposed AD 
from Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical 
Support, mailstop s581a, 6900 Main Street, Stratford, CT, telephone 
(203) 383-4866, e-mail address [email protected], or at http://www.sikorsky.com.

FOR FURTHER INFORMATION CONTACT: John Coffey, Flight Test Engineer, 
Boston Aircraft Certification Office, 12 New England Executive Park, 
Burlington, MA 01803, telephone (781) 238-7173, 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-2009-1088, 
Directorate Identifier 2008-SW-76-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 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 the Sikorsky Model S-
92A helicopters. The AD would require revising the RFM SA S92A-RFM-003, 
Part 1, Section 1, Operating Limitations, Types of Operation, by 
removing the statement ``RESCUE HOIST: Category `A' only External load 
operations with Class `D' external loads.'' The AD would require 
replacing that statement with ``HOIST: Class D external loads 
PROHIBITED.'' Also, the AD would require revising the RFM by removing 
all instances of the terms ``RESCUE HOIST'' and replacing them with the 
term ``HOIST.'' This proposal is prompted by a review of the RFM, in 
which a mistake was discovered. The RFM states that ``Class D'' 
external loads are approved for external load operations for this 
model. However, the Model S-92A does not comply with the requirements 
of 14 CFR 29.865(c)(6) because, for HEC applications requiring use of 
Category A rotorcraft, that rotorcraft must have OEI hover performance 
and procedures in the RFM for the weights, altitudes and temperatures 
for which that external load approval is requested. The Model

[[Page 65497]]

S-92A RFM does not contain that information. For conducting external 
load operations under 14 CFR 133, the FAA has defined HEC to be a 
rotorcraft-load combination ``Class D'' operation. The actions in the 
proposed AD are intended to correct this mistake and to prevent HEC 
operation in noncompliance with the requirements, which could result in 
injury or loss of life.
    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 RFM SA S92A-RFM-003 in accordance with the 
statements in the previous paragraph.
    We estimate that this proposed AD would affect 65 helicopters of 
U.S. registry. Correcting the wording in the RFM would take a minimal 
amount of time resulting in minimal cost.

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-2009-1088; Directorate 
Identifier 2008-SW-76-AD.

    Applicability: Model S-92A helicopters, certificated in any 
category.
    Compliance: Required within 90 days, unless accomplished 
previously.
    To correct a mistake in the Rotorcraft Flight Manual (RFM) to 
prevent human external cargo (HEC) operations, which could result in 
injury or loss of life, do the following:
    (a) Revise the RFM SA S92A-RFM-003, Part 1, Section 1, Operating 
Limitations, Types of Operation, by removing the statement ``RESCUE 
HOIST: Category `A' only External load operations with Class `D' 
external loads.'' Replace that statement with ``HOIST: Class D 
external loads PROHIBITED.'' Also, throughout the entire RFM, remove 
the term ``RESCUE HOIST,'' and replace it with the term ``HOIST.'' 
These revisions may be made by inserting a copy of this AD into the 
RFM, by making the changes in pen and ink, or by inserting a copy of 
the Sikorsky RFM revision containing these requirements into the 
RFM.
    (b) 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) 238-7173, fax (781) 238-
7170, for information about previously approved alternative methods 
of compliance.

    Issued in Fort Worth, Texas, on October 23, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-29430 Filed 12-9-09; 8:45 am]
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