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[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published June 19, 2009 (74 FR 29148) is withdrawn.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 john.coffey@faa.gov.

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
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