81 FR 13303 - Airworthiness Directives; Sikorsky Aircraft Corporation (Sikorsky) Helicopters

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 49 (March 14, 2016)

Page Range		13303-13303
FR Document		2016-05517

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.

Federal Register, Volume 81 Issue 49 (Monday, March 14, 2016)

[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Proposed Rules]
[Page 13303]
From the Federal Register Online  [www.thefederalregister.org]
[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published June 19, 2009 (74 FR 29148) is withdrawn.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]
BILLING CODE 4910-13-P

Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules 13303

appropriate. If sending information directly helicopter in Category B with 10 or mitigates the inconsistency with 14 CFR
to the manager of the ACO, send it to the more passenger seats is not an unsafe 29.1(c).
attention of the person identified in condition but an inconsistency with 14 Withdrawal of the NPRM constitutes
paragraph (j)(1) of this AD. CFR 29.1(c). Accordingly, we withdraw only such action and does not preclude
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
the proposed rule. the agency from issuing another notice
or lacking a principal inspector, the manager DATES: As of March 14, 2016, the in the future nor does it commit the
of the local flight standards district office/ proposed rule to amend 14 CFR part 39 agency to any course of action in the
certificate holding district office. published June 19, 2009 (74 FR 29148) future.
is withdrawn. Since this action only withdraws an
(j) Related Information
NPRM, it is neither a proposed nor a
(1) For more information about this AD, FOR FURTHER INFORMATION CONTACT: John final rule; therefore, it is not covered
contact Ronald Wissing, Aerospace Engineer, Coffey, Flight Test Engineer, Boston under Executive Order 12866, the
Airframe Branch, ACE–117A, FAA, Atlanta Aircraft Certification Office, Engine &
ACO, 1701 Columbia Avenue, College Park,
Regulatory Flexibility Act, or DOT
Propeller Directorate, FAA, 1200 Regulatory Policies and Procedures (44
GA 30337; phone: 404–474–5552; fax: 404–
474–5606; email: ronald.wissing@faa.gov.
District Avenue, Burlington, FR 11034, February 26, 1979).
(2) For service information identified in Massachusetts 01803; telephone (781)
238–7173; email john.coffey@faa.gov. List of Subjects in 14 CFR Part 39
this AD, contact Gulfstream Aerospace
Corporation, Technical Publications Dept., SUPPLEMENTARY INFORMATION: The FAA Air transportation, Aircraft, Aviation
P.O. Box 2206, Savannah, GA 31402–2206; proposed to amend 14 CFR part 39 to safety, Incorporation by reference,
telephone: 800–810–4853; fax: 912–965– Safety.
add a new AD (74 FR 29148, June 19,
3520; email: pubs@gulfstream.com; Internet:
http://www.gulfstream.com/product_ 2009) for Sikorsky Model S–92A The Withdrawal
support/technical_pubs/pubs/index.htm. helicopters. The NPRM proposed to
require revising the Limitations section Accordingly, the notice of proposed
You may view this referenced service
information at the FAA, Transport Airplane of the RFM by clarifying that the Model rulemaking, Docket No. FAA–2009–
Directorate, 1601 Lind Avenue SW., Renton, S–92A helicopter was certificated as a 0559; Directorate Identifier 2008–SW–
WA 98057–3356. For information on the transport category rotorcraft in both 66–AD, published in the Federal
availability of this material at the FAA, call Categories A and B with different Register on June 19, 2009 (74 FR 29148),
425–227–1221. operating limitations for each category is withdrawn.
Issued in Renton, WA, on March 3, 2016. and must be operated accordingly. Issued in Fort Worth, Texas, on March 4,
Michael Kaszycki, When the Model S–92A is configured 2016.
Acting Manager, Transport Airplane with 10 or more passenger seats, it is a Scott A. Horn,
Directorate, Aircraft Certification Service. Category A helicopter, and operators Acting Manager, Rotorcraft Directorate,
[FR Doc. 2016–05606 Filed 3–11–16; 8:45 am] must follow the limitations for Category Aircraft Certification Service.
BILLING CODE 4910–13–P A. When it is configured with 9 or fewer [FR Doc. 2016–05517 Filed 3–11–16; 8:45 am]
passenger seats, it may be considered a BILLING CODE 4910–13–P
Category B helicopter, and operators
DEPARTMENT OF TRANSPORTATION may follow the less stringent Category B
limitations. At the time the NPRM was
Federal Aviation Administration DEPARTMENT OF COMMERCE
published, the limitation language in
the RFM did not make a clear National Oceanic and Atmospheric
14 CFR Part 39 distinction between Category A and Administration
[Docket No. FAA–2009–0559; Directorate Category B based on the seating
Identifier 2008–SW–66–AD] configuration. The proposed actions 15 CFR Part 922
were intended to prevent operating
RIN 2120–AA64 under less stringent requirements. [Docket No. 140207122–4122–01]
Airworthiness Directives; Sikorsky Actions Since NPRM (74 FR 29148, RIN 0648–BD97
Aircraft Corporation (Sikorsky) June 19, 2009) Was Issued
Helicopters Withdrawal of Hawaiian Islands
Since we issued the NPRM (74 FR
Humpback Whale National Marine
AGENCY: Federal Aviation 29148, June 19, 2009), one commenter
Sanctuary Proposed Regulations
Administration (FAA), DOT. noted the proposed AD misinterprets
ACTION: Proposed rule; withdrawal. certification rules as operational rules. AGENCY: Office of National Marine
We considered the comment and re- Sanctuaries (ONMS), National Oceanic
SUMMARY: The FAA is withdrawing a evaluated the details that went into the and Atmospheric Administration
notice of proposed rulemaking (NPRM). determination of the unsafe condition (NOAA), Department of Commerce
The NPRM proposed a new for this concern. We determined that (DOC).
airworthiness directive (AD) for operating the helicopter in Category B ACTION: Notice of proposed rulemaking;
Sikorsky Model S–92A helicopters. The with 10 or more passengers is not an withdrawal.
proposed action would have required unsafe condition, and the associated
revising the Limitations section of the level of risk does not warrant AD action. SUMMARY: This action withdraws a
mstockstill on DSK4VPTVN1PROD with PROPOSALS

Rotorcraft Flight Manual (RFM) to Rather, this was an inconsistency with notice of proposed rulemaking (NPRM)
clarify that the Model S–92A helicopter 14 CFR 29.1(c). Sikorsky has since published in the Federal Register on
was certificated as a transport category revised the RFM to clarify that a March 26, 2015 (80 FR 16224), to amend
rotorcraft in both Categories A and B helicopter configured with a maximum the regulations for the Hawaiian Islands
with different operating limitations for of 19 passenger seats must be operated Humpback Whale National Marine
each category and must be operated as a Category A but if configured with Sanctuary (HIHWNMS or sanctuary)
accordingly. Since we issued the NPRM, 9 or fewer passenger seats may be and to revise the sanctuary’s terms of
we have determined that operating the operated as a Category B. This action designation and management plan.

VerDate Sep<11>2014 16:03 Mar 11, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\14MRP1.SGM 14MRP1

Document Created: 2016-03-12 01:00:46
Document Modified: 2016-03-12 01:00:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; withdrawal.
Dates		As of March 14, 2016, the proposed rule to amend 14 CFR part 39 published June 19, 2009 (74 FR 29148) is withdrawn.
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]
FR Citation		81 FR 13303
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

81 FR 13303 - Airworthiness Directives; Sikorsky Aircraft Corporation (Sikorsky) Helicopters

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 81, Issue 49 (March 14, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration