This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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REGISTER issue of each week.

Rules and Regulations Federal Register

45085 

Vol. 79, No. 149 

Monday, August 4, 2014 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1088; Directorate 

Identifier 2008–SW–76–AD; Amendment 39– 

17872; AD 2014–12–11] 

RIN 2120–AA64 

Airworthiness Directives; Sikorsky 

Aircraft Corporation Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

Sikorsky Aircraft Corporation (Sikorsky) 

Model S–92A helicopter. This AD 

requires revising the Rotorcraft Flight 

Manual (RFM) to include the 

appropriate operating limitations for 

performing Class D external loadcombination operations. This AD was 

prompted by an inaccurate 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). The 

actions are 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: This AD is effective September 8, 

2014. 

ADDRESSES: 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 tsslibrary@sikorsky.com, 

or at http://www.sikorsky.com. You may 

review a copy of the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

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 AD, the economic 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations Office (phone: 

800–647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

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: 

john.coffey@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On December 10, 2009, at 74 FR 

65496, the Federal Register published 

our notice of proposed rulemaking 

(NPRM), which proposed to amend 14 

CFR part 39 by adding an AD that 

would apply to Sikorsky Model S–92A 

helicopters. The NPRM proposed to 

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 NPRM proposed replacing 

that statement with ‘‘HOIST: Class D 

external loads PROHIBITED.’’ Also, the 

NPRM proposed replacing the words 

‘‘RESCUE HOIST’’ in the RFM with 

‘‘HOIST’’. The 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 hover performance and 

procedures. 

On September 13, 2012, at 77 FR 

56581, the Federal Register published 

our supplemental notice of proposed 

rulemaking (SNPRM), which proposed 

to revise the actions of the NPRM. The 

SNPRM proposed to allow Class D 

external load operations if the 

appropriate operating limitations are 

included in the RFM, instead of 

prohibiting rotorcraft load combinations 

for HEC operations. The proposed 

requirements were 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. 

Comments 

After our SNPRM (77 FR 56581, 

September 13, 2012) was published, we 

received comments from one 

commenter. 

Request 

Sikorsky generally concurs with the 

corrective action but requests that 

Paragraph (d)(3)(i) of the SNPRM (77 FR 

56581, September 13, 2012), which 

requires removing a note from the RFM, 

be deleted from the AD. Sikorsky 

commented that removing the note is 

not appropriate with respect to applying 

the 150 pound penalty for the hoist. 

Sikorsky states that the 150 pound 

penalty applies to the drag of the hoist 

being installed on the aircraft and, if one 

would first determine the maximum 

gross weight by the chart and then apply 

the penalty, they would always be 

limited to 150 pounds below the 

maximum gross weight of the 

helicopter. Sikorsky states the note is 

required so pilots do not erroneously 

apply a 150 pound penalty to their 

weight when they are maximum gross 

weight limited instead of performance 

limited. As the note only applies when 

the aircraft is performance limited, 

Sikorsky requests that it not be 

removed. 

We agree that the correct instructions 

need to be inserted in the Required 

Actions section, but disagree with 

Sikorsky’s request. Not removing the 

note would result in keeping the 

incorrect instructions from the original 

Limitations section. But we are 

including a requirement to add the 

following note to the Weight Limits 

section of the RFM to address Sikorsky’s 

comments and to provide accurate 

instructions: ‘‘NOTE: If conditions 

permit, the pilot may go to the right of 

the 26,500 pound line on Figure 1–2 to 

determine the maximum gross weight 

and then subtract a 150 pound hoist 

decrement. The maximum gross weight 

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45086 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

for category ‘A’ operations cannot 

exceed 26,500 pounds (12,020) 

kilograms.’’ 

FAA’s Determination 

We have reviewed the relevant 

information, considered the comment 

received, and determined that an unsafe 

condition exists and is likely to exist or 

develop on other products of these same 

type designs and that air safety and the 

public interest require adopting the AD 

requirements as proposed with the 

changes described previously. We also 

changed the formatting of this AD to 

meet current publication requirements. 

These changes are consistent with the 

intent of the proposals in the SNPRM 

(77 FR 56581, September 13, 2012), and 

will not increase the economic burden 

on any operator nor increase the scope 

of the AD. 

Costs of Compliance 

We estimate that this AD affects 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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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 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. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2014–12–11 Sikorsky Aircraft Corporation: 

Amendment 39–17872; 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) Effective Date 

This AD becomes effective September 8, 

2014. 

(d) 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. 

(e) Required Actions 

Within 90 days, revise the Operating 

Limitations section of Sikorsky Rotorcraft 

Flight Manual (RFM) SA S92A–RFM–003, 

Part 1, Section I, by inserting a copy of this 

AD into the RFM or by making pen and ink 

changes, as follows: 

(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 

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 the following: 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 the following: NOTE: If conditions 

permit, the pilot may go to the right of the 

26,500 pound line on Figure 1–2 to 

determine the maximum gross weight and 

then subtract a 150 pound hoist decrement. 

The maximum gross weight for category ‘A’ 

operations cannot exceed 26,500 pounds 

(12,020 kilograms). 

(iii) Add the following and insert Figure 1 

to Paragraph (e)(3)(iii) of this AD: ‘‘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 to Paragraph (e)(3)(iii) 

of this AD for your altitude and temperature 

with the air-conditioner, anti-ice, and bleed 

air turned off. 

Note 1 to paragraph (e)(3)(iii) of this AD: 

Figure 1 to Paragraph (e)(3)(iii) of this AD 

becomes Figure 1–2A when inserted in the 

‘‘Weight Limits’’ section of your RFM. 

BILLING CODE 4910–13–P 

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Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 45087 


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Part 1, Section I 

OPERATING UMITATIONS 

S-I2A MAXIMUM GROSS WEIGHT 

FOR HOISnNG HUMAN EXTERNAL C.ARGO 

REQUIRING CATEGORY A 

ONE ENGDEINOPERA11V& 01130 SECOND POWER 

AIR-OONDI1'IONER OFF AND-ICE OFF BLElEO AIR OFF 

GROSS WEIGHT .. 1000 LB 

ROTE t :lHISCHARTDEPICTS THE GROSS WBGHT, PRE~ ALTilUIJIE, TEMPERATURE COIIBIIAliOIIIIMIEIE 

OB HOGE CAPADUTY EliiSTS USIIIG36 SECOIID OBPO'II!IIR Willi A GO SliP MARGIIL 

IIOTE2: 15FT OF GROinBJCLEARAIICE lSASSUREDIIITHE EVEIIT OF All EIIIGliiEFAILUREAT26 T080 FT AGL 

Figur&1-2A- Maximum Gross weight for HEC Requiring cat 'A" 

Figure 1 to Paragraph (e)(3)(iii) 
45088 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

(f) Credit for Actions Previously Completed 

Incorporation of the changes contained in 

Sikorsky RFM SA S92A–RFM–003, Part 1, 

Revision No. 12, approved March 21, 2005, 

before the effective date of this AD is 

considered acceptable for compliance with 

the corresponding actions specified in 

paragraph (e) of this AD. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Boston Aircraft 

Certification Office, 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 john.coffey@faa.gov. 

(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. 

(h) 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 tsslibrary@sikorsky.com, or 

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. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2510 Flight Compartment Equipment. 

Issued in Fort Worth, Texas, on July 22, 

2014. 

S. Frances Cox, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–17923 Filed 8–1–14; 8:45 am] 

BILLING CODE 4910–13–C 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 140711578–4578–01] 

RIN 0694—AG23 

Technical Amendments to the Export 

Administration Regulations: Update of 

Export Control Classification Number 

0Y521 Series Supplement—Biosensor 

Systems and Related Software and 

Technology 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) by removing certain entries from 

the supplement that identifies those 

items subject to the EAR that are not 

listed elsewhere in the Commerce 

Control List (CCL), but which the 

Department of Commerce, with the 

concurrence of the Departments of 

Defense and State, has determined 

should be controlled for export for 

foreign policy reasons or because the 

items provide a significant military or 

intelligence advantage to the United 

States. Within one calendar year from 

the date that such items are listed in the 

supplement, BIS must publish a rule 

reclassifying the items under an entry 

on the CCL. Otherwise, such items 

automatically become designated as 

EAR99 items, unless BIS publishes a 

rule amending the supplement to extend 

the period in which the items will be 

listed therein. In accordance with this 

requirement, this rule removes 

references to biosensor systems and 

related ‘‘software’’ and ‘‘technology’’ 

from the supplement, because these 

items automatically became designated 

as EAR99 items on March 28, 2014, and 

the references to them in the 

supplement are now obsolete. 

DATES: This rule is effective August 4, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Scott Hubinger, Senior Chemist and 

General Engineer, Chemical and 

Biological Controls Division, Office of 

Nonproliferation and Treaty 

Compliance by phone 202–482–5223 or 

by email at scott.hubinger@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

ECCN 0Y521 Series 

BIS established the ECCN 0Y521 

series in a final rule published April 13, 

2012 (72 FR 22191) (hereinafter ‘‘April 

13 rule’’) to identify items that warrant 

control on the Commerce Control List 

(CCL) but are not yet identified in an 

existing ECCN. Items are added to the 

ECCN 0Y521 series by the Department 

of Commerce, with the concurrence of 

the Departments of Defense and State, 

upon a determination that an item 

should be controlled because it provides 

at least a significant military or 

intelligence advantage to the United 

States or because foreign policy reasons 

justify such control. The ECCN 0Y521 

series is a temporary holding 

classification with a limitation that 

while an item is temporarily classified 

under ECCN 0Y521, the U.S. 

Government works to adopt a control 

through the relevant multilateral 

regime(s), to determine an appropriate 

longer-term control over the item, or 

that the item does not warrant control 

on the CCL. 

Under the procedures established in 

the April 13 rule and codified at 

§ 742.6(a)(7)(iii) of the EAR, items 

classified under ECCN 0Y521 remain soclassified for one year from the date a 

final rule identifying the item is 

published in the Federal Register 

amending the EAR, unless the item is 

re-classified under a different ECCN, 

under an EAR99 designation, or the 

0Y521 classification is extended. During 

this time, the U.S. Government 

determines whether it is appropriate to 

submit a proposed control to the 

applicable export control regime (e.g., 

the Wassenaar Arrangement) for 

potential multilateral control, with the 

understanding that multilateral controls 

are preferable when practical. 

Technical Amendments Updating 

Supplement No. 5 to Part 774: Removal 

of References to Biosensor Systems and 

Related ‘‘Software’’ and ‘‘Technology’’ 

On March 28, 2013 (78 FR 18814), BIS 

imposed 0Y521 license requirements on 

biosensor systems and related 

‘‘software’’ and ‘‘technology’’ for export 

and reexport to all destinations, except 

Canada. Under the procedures 

established in the April 13 rule and as 

described in Supplement No. 5 to Part 

774, the effective date of the initial 

classification was the date of that rule’s 

publication, March 28, 2013, and the 

date the items would be designated 

EAR99, unless reclassified in another 

ECCN or the 0Y521 classification was 

reissued, was one year later, March 28, 

2014. In the interim, BIS, on behalf of 

the U.S. Government, submitted a 

proposal to the Australia Group (a 

multilateral regime of which the United 

States is a member) for control of the 

items for nonproliferation reasons. The 

Australia Group decided that it would 

not impose controls on the items, and 

the U.S. Government did not seek 

further consideration of multilateral 

controls, nor did BIS re-classify the 

items under a different ECCN or reissue 

the 0Y521 classification. In accordance 

with § 742.6(a)(7)(iii) of the EAR, as of 

March 28, 2014, the 0Y521 classification 

of the biosensor systems and related 

‘‘software’’ and ‘‘technology’’ expired, 

meaning the items were no longer 

classified in the 0Y521 series and 

became designated EAR99. By removing 

the items from the list of items classified 

in the 0Y521 series in Supplement No. 

5 to Part, this rule removes text that 

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