[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Proposed Rules]
[Page 13303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05517]
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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) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM).
The NPRM proposed a new airworthiness directive (AD) for Sikorsky Model
S-92A helicopters. The proposed action would have required revising the
Limitations section of the Rotorcraft Flight Manual (RFM) to clarify
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. Since
we issued the NPRM, we have determined that operating the helicopter in
Category B with 10 or more passenger seats is not an unsafe condition
but an inconsistency with 14 CFR 29.1(c). Accordingly, we withdraw the
proposed rule.
DATES: As of March 14, 2016, the proposed rule to amend 14 CFR part 39
published June 19, 2009 (74 FR 29148) is withdrawn.
FOR FURTHER INFORMATION CONTACT: John Coffey, Flight Test Engineer,
Boston Aircraft Certification Office, Engine & Propeller Directorate,
FAA, 1200 District Avenue, Burlington, Massachusetts 01803; telephone
(781) 238-7173; email [email protected].
SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 to
add a new AD (74 FR 29148, June 19, 2009) for Sikorsky Model S-92A
helicopters. The NPRM proposed to 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. When the Model S-92A is configured with 10 or
more passenger seats, it is a Category A helicopter, and operators must
follow the limitations for Category A. When it is configured with 9 or
fewer passenger seats, it may be considered a Category B helicopter,
and operators may follow the less stringent Category B limitations. At
the time the NPRM was published, the limitation language in the RFM did
not make a clear distinction between Category A and Category B based on
the seating configuration. The proposed actions were intended to
prevent operating under less stringent requirements.
Actions Since NPRM (74 FR 29148, June 19, 2009) Was Issued
Since we issued the NPRM (74 FR 29148, June 19, 2009), one
commenter noted the proposed AD misinterprets certification rules as
operational rules. We considered the comment and re-evaluated the
details that went into the determination of the unsafe condition for
this concern. We determined that operating the helicopter in Category B
with 10 or more passengers is not an unsafe condition, and the
associated level of risk does not warrant AD action. Rather, this was
an inconsistency with 14 CFR 29.1(c). Sikorsky has since revised the
RFM to clarify that a helicopter configured with a maximum of 19
passenger seats must be operated as a Category A but if configured with
9 or fewer passenger seats may be operated as a Category B. This action
mitigates the inconsistency with 14 CFR 29.1(c).
Withdrawal of the NPRM constitutes only such action and does not
preclude the agency from issuing another notice in the future nor does
it commit the agency to any course of action in the future.
Since this action only withdraws an NPRM, it is neither a proposed
nor a final rule; therefore, it is not covered under Executive Order
12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Withdrawal
Accordingly, the notice of proposed rulemaking, Docket No. FAA-
2009-0559; Directorate Identifier 2008-SW-66-AD, published in the
Federal Register on June 19, 2009 (74 FR 29148), is withdrawn.
Issued in Fort Worth, Texas, on March 4, 2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-05517 Filed 3-11-16; 8:45 am]
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