[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Proposed Rules]
[Pages 56581-56585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22525]


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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 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for the Sikorsky Aircraft Corporation (Sikorsky) Model S-92A 
helicopter, which proposed revising the Rotorcraft Flight Manual (RFM), 
Operating Limitations section, to prohibit Class D external load 
operations, including human external cargo (HEC), because this model 
helicopter was not certificated to one-engine inoperative performance 
standards for carrying Class D external loads. This Supplemental NPRM 
is prompted by a recent design approval, which allows Class D external 
load operations if the appropriate operating limitations are included 
in the RFM. This proposed AD is intended to require appropriate 
operating limitations to allow operators to perform Class D external 
load-combination operations, including HEC, in this model helicopter 
that now meets the Category A performance standard.

DATES: We must receive comments on this proposed AD by November 13, 
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 proposed AD, the 
economic evaluation, any comments received and other information. The 
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.
    For service information identified in this proposed AD, contact 
Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical 
Support, mailstop S581A, 6900 Main Street, Stratford, CT, telephone 
(203) 383-4866, email address [email protected], or at http://www.sikorsky.com. You may review a copy of the service information at 
the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas 76137.

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; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    On October 23, 2009, we issued a proposal to amend 14 CFR part 39 
to include an AD that would apply to Sikorsky Model S-92 helicopters. 
That NPRM was published in the Federal

[[Page 56582]]

Register on December 10, 2009 (74 FR 65496). The NPRM proposed 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 
NPRM proposed replacing that statement with ``HOIST: Class D external 
loads PROHIBITED.''
    That NPRM was prompted by a mistake in the RFM, which allowed 
``Class D'' rotorcraft load combinations for HEC operations for this 
model helicopter. The Model S-92A RFM did not include the required one-
engine inoperative (OEI) hover performance and procedures.
    Also, the NPRM proposed replacing the words ``RESCUE HOIST'' in the 
RFM with ``HOIST.''

Actions Since Previous NPRM Was Issued

    Since issuing the previous NPRM, a recent design approval for HEC 
operations has been issued for this helicopter. Therefore, we no longer 
need to prohibit rotorcraft load combinations for HEC operations for 
this model helicopter, but rather we need to correct the RFM to apply 
the appropriate limitations.
    Because this change expands the scope of the originally proposed 
rule, the FAA will reopen the comment period to provide additional 
opportunity for public comment.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require, within 90 days, revising the 
Operating Limitations section of the RFM S92A-RFM-003, Part 1, Section 
1, by inserting a copy of this AD into the RFM or by making pen and ink 
changes to several sections of the RFM Operating Limitations. The 
changes required by this AD are complied with if RFM S92A-RFM-003, 
Revision 12, has been incorporated into the RFM.

Costs of Compliance

    We estimate that this proposed AD would affect 65 helicopters in 
the U.S. registry. The costs for inserting a correction to the RFM are 
expected to be minimal.

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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. 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, I certify this 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);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Sikorsky Aircraft Corporation Helicopters: Docket No. FAA-2009-1088; 
Directorate Identifier 2008-SW-76-AD.

(a) Applicability

    This AD applies to Sikorsky Aircraft Corporation Model S-92A 
helicopters, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as an inaccurate Rotorcraft 
Flight Manual (RFM) provision, which was approved without 
appropriate limitations for this model helicopter for carrying Class 
D external rotorcraft-load combinations, including Human External 
Cargo (HEC), when this model helicopter was not certificated to 
Category A one-engine inoperative (OEI) performance standards, 
including fly away capabilities after an engine failure, which is 
required for carrying HEC.

(c) 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.

(d) Required Actions

    Within 90 days, revise the Operating Limitations section of 
Rotorcraft Flight Manual (RFM) S92A-RFM-003, Part 1, Section 1, by 
inserting a copy of this AD into the RFM or by making pen and ink 
changes, as follows:

    Note to paragraph (d):  The changes required by this AD are 
complied with if RFM S92A-RFM-003, Revision 12, has been 
incorporated into the RFM.

    (1) In the Types of Operation section, beneath Hoist, add the 
following:
    ``The hoist equipment certification installation approval does 
not constitute approval to conduct hoist operations. Operational 
approval for hoist operations must be granted by the Federal 
Aviation Administration. No cabin seats may be installed in front of 
station 317 when conducting Human External Cargo hoist operations, 
which requires Category A performance capabilities.''
    (2) In the Flight Limits section, add the following:
    ``HOIST When conducting Human External Cargo operations, which 
require category `A' performance capabilities, the minimum hover 
height is 20 feet AGL and the maximum hover height is 80 feet AGL.
    HOIST The collective axis must remain uncoupled when conducting 
Human External Cargo, which requires category `A' performance 
capabilities, for the period of time that the person is off the 
ground or water and not in the aircraft. This can be

[[Page 56583]]

accomplished by either uncoupling the collective axis or by the 
pilot depressing the collective trim switch during the pertinent 
portion of the maneuver.''
    (3) In the Weight Limits section:
    (i) Remove this note: ``NOTE: The 150 pound hoist decrement does 
not preclude Cat A operations at a gross weight of 26,500 pounds 
with a hoist installed. If conditions permit, the pilot may go to 
the right of the 26,500 line on figure 1-2 to determine a maximum 
gross weight up to 26,650 and then subtract 150 pounds.''
    (ii) Add this paragraph and figure: ``HOIST Maximum gross weight 
for Human External Cargo, which requires category `A' performance 
capabilities, is limited to the gross weight determined in 
accordance with the following Figure 1-2A to Paragraph (d) of this 
AD for your altitude and temperature with the air-conditioner, anti-
ice, and bleed air turned off.''
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(e) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: 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; 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.

(f) Additional Information

    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, email address [email protected], or at http://www.sikorsky.com. You may review a copy of this information at the 
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas 76137.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 2510: Flight 
Compartment Equipment.

    Issued in Fort Worth, Texas, on September 5, 2012.
Lance T. Gant,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-22525 Filed 9-12-12; 8:45 am]
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