FIREHAWK HELICOPTERS, Inc. 

8850 Airport Blvd Telephone (352) 365-9077

Leesburg, FL 34788 Fax (352) 365-0077

Page 1 of 6

 

November, 1 2012

U.S. Department of Transportation, 

Docket Operations,

West Building Ground Floor, Room W12-140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590

Subject: Request for Exemption

Dear Administrator,

Pursuant to Federal Aviation Regulations (14 CFR) 11.61(b), Firehawk Helicopters Inc. submits 

this petition for permanent exemption from the provisions of 14 CFR 133.33(d), 14 CFR

133.33(e), 14 CFR 133.45(d) and 14 CFR 91.313(e) any other pertinent regulations to the 

extent necessary to operate its Sikorsky S-70 series helicopters (N2FH, N135BH, N136BH, 

N137BH), and future acquisitions of the same make and model helicopters, in external load 

operations.

1. Interest of the Petitioner

Firehawk Helicopters Inc. operates four S-70 and three AS-350-B3 helicopters under Air 

Carrier Certificates JSDL363F/JSDA363F in support of interagency fire fighting operations 

for the United States Forest Service and Department of the Interior. We conduct Part 135 

charter operations with the three AS-350-B3 helicopters and Part 133 operations with all 

seven. In the conduct of these operations we are called upon to perform external load 

operations not only in support of firefighting operations but also external load operations in 

support of construction projects, geological exploration, and others. We are currently able to 

perform operations over “congested areas” in only the three AS-350-B3 helicopters due to 

the restraints of Part 133.33 and Part 133.45.
FIREHAWK HELICOPTERS, Inc. 

8850 Airport Blvd Telephone (352) 365-9077

Leesburg, FL 34788 Fax (352) 365-0077

Page 2 of 6

2. The specific section or sections of 14 CFR from which the petitioner seeks an 

exemption

a) 14 CFR 133.33(d) provides, in relevant part, that a person may conduct external load 

operations over congested areas only in rotorcraft that are certified under Part 27 or Part 

29 if those operations are conducted without hazard to persons or property on the 

ground. Relief from Sub Paragraphs (1) and (2) is not sought. 133.33(d)(1) and (2) 

should be retained for all operations.

b) 14 CFR 133.33(e) provides, in relevant part that certificate holders, if the rotorcraft 

meets Part 133.33(d) above, may conduct operations necessary for external load 

operations below 500 feet above the surface and closer than 500 feet to persons, 

vessels, vehicles, and structures if the operations are conducted without creating a 

hazard to persons or property on the surface. 

c) 14 CFR 133.45(d) provides, in relevant part, that external load operations may not be 

conducted in a rotorcraft certified in the restricted category under 14 CFR Part 21.25 

over densely populated areas, in a congested airway, or near a busy airport where 

passenger transport operations are conducted.

d) 14 CFR 91.313(e) provides, in relevant part, that no person may operate a restricted 

category civil aircraft within the United States- Over densely populated area; in a

congested airway; or near a busy airport where passenger transport operations are 

conducted. 
FIREHAWK HELICOPTERS, Inc. 

8850 Airport Blvd Telephone (352) 365-9077

Leesburg, FL 34788 Fax (352) 365-0077

Page 3 of 6

3. How Firehawk Helicopters Inc., is unique when compared to other petitioners who 

have requested relief from these same parts.

a) The Sikorsky S-70 is a transport category helicopter certificated under both 14 CFR

21.25(a)(2) and 14 CFR 29 for non-US Army approved modifications. 

b) The S-70 is NOT a military surplus model, but is a separate model manufactured under 

Production Certificate No. 105 and 8 SO as an “S-70 (Restricted Category) Approved: 

10/21/83 (Derivative aircraft of U.S. Army Models UH-60A and UH60L)” (per Type 

Certificate Data Sheet H3NE) These aircraft are sold into the civil registry and are 

maintained in continued compliance with civil requirements.

c) 14 CFR Part 21 Subpart H – Airworthiness Certificates Sec. 21.185 provides that:

(1) Aircraft manufactured under a production certificate or type certificate only. An 

applicant for the original issue of a restricted category airworthiness certificate for an 

aircraft type certificated in the restricted category, that was not previously type 

certificated in any other category, must comply with the appropriate provisions of 

Sec. 21.183

(2) Other Aircraft. An applicant for a restricted category airworthiness certificate for an 

aircraft type certificated in the restricted category, that was either a surplus aircraft 

of the Armed Forces or previously type certificated in another category, is entitled to 

an airworthiness certificate if the aircraft has been inspected by the 

administrator and found by him to be in a good state of preservation and repair and 

in a condition for safe operation.

(3) Import aircraft. An applicant for the original issue of a restricted category 

airworthiness certificate for an import aircraft type certificated in the restricted 

category only in accordance with Sec, 21.29 of this part is entitled..........

The S-70 was manufactured in compliance with 14 CFR 21.183 as it obviously does not 

fit Para. (2) and (3) above. 14 CFR 21.183 provides, in relevant part, that new aircraft 

manufactured under a production certificate is entitled to a standard airworthiness 

certificate without further showing, except that the Administrator may inspect the 

aircraft to determine conformity to the type design and condition for safe operations.
FIREHAWK HELICOPTERS, Inc. 

8850 Airport Blvd Telephone (352) 365-9077

Leesburg, FL 34788 Fax (352) 365-0077

Page 4 of 6

The position of Firehawk Helicopters Inc. is that the S-70 is a transport category aircraft 

that was certificated under the restricted category at the request of the manufacturer. It 

is common knowledge in the industry that Sikorsky sought restricted category 

certification for the S-70 so as not to compete with other models by Sikorsky under 

standard certification. (We can offer no documentary evidence of this claim.) Further, 

the reference to Part 29 under Type Certificate Basis as stated in Type Certificate H3NE 

is evidence that this aircraft is intended to remain in full compliance with the 

specifications of Part 29. As a restricted category aircraft produced available for sale to 

the industry and not a military surplus model, the S-70 does not meet the intent of 14 

CFR 133.33(d) or 133.33(e) or 133.45(d) or 91.313(e). It is our position that, due to the 

reference to Part 29 in H3NE, this helicopter also does not meet the letter of these parts. 

 

4. Public Interest 

It has long been held that the availability to perform external load operations is in the public 

interest when such operations are conducted safely with proper oversight and Congested 

Area Plan approval. Grant of this exemption would make a transport category rotorcraft, 

which is not military surplus, with a greater load carrying ability, with a far superior safety 

record than currently used equivalent performing rotorcraft, available for such use. 

5. Granting the Requested Exemption Provides a Level of Safety Equivalent to the Rule.

The S-70 helicopter is a civilian derivative of the UH60 manufactured under a production 

certificate. By regulation it is not required to be inspected by the Administrator prior to 

certification, as is a surplus military rotorcraft. Thus, the Administrator is already satisfied 

that this model meets a higher standard of conformity and safety than a surplus military 

model.

The S-70 is maintained under a factory approved continuing maintenance program with 

factory approved parts.

The S-70 helicopter is required by Type Certificate H3NE to be maintained continuously in 

compliance with 14 CFR Part 29.

In denial of Exemption No. 6934, Docket No. 28991, a request for deviation from the same 

Parts with a military surplus UH1H, the Administrator’s representative stated: 

“..... cannot ensure an equivalent level of safety will be maintained with a rotorcraft not 

type certificated under part 27 or part 29. The civil rotorcraft certification process itself 

provides the FAA with a measure of the level of safety such an aircraft possesses. In 

contrast, the petitioner's restricted-category helicopter did not undergo such a process and 

thus, the FAA is not convinced that equivalent level of safety can be achieved.”
FIREHAWK HELICOPTERS, Inc. 

8850 Airport Blvd Telephone (352) 365-9077

Leesburg, FL 34788 Fax (352) 365-0077

Page 5 of 6

Since the S-70 helicopter has undergone the civil certification rotorcraft process and has 

been continuously in the civil registry since new, the grant of this exemption will provide a 

level of safety equivalent to the rule. 

6. The Exemption is Not Precedent Setting

This exemption is not precedent setting in that it has effect on a very limited number of 

helicopters at this point. A search of the records did not reveal more than four S-70 

helicopters in civilian use at this time. Firehawk Helicopters Inc. operates all four. In this 

search we were also unable to find any UH60 military helicopters that had been released 

from military ownership and certified under any type certificate. Should such helicopters be 

made available in the future, they would obviously have the same standards applied as 

other military models and be certified under 14 CFR 21.25(a)(2) and 14 CFR 21.83(2). 

A delay in granting this exemption would constitute a financial burden on Firehawk 

Helicopters Inc. as the S-70 helicopters operated by Firehawk Helicopters Inc. should be 

committed to construction and other non-government contracts when not needed for wild 

land firefighting.
FIREHAWK HELICOPTERS, Inc. 

8850 Airport Blvd Telephone (352) 365-9077

Leesburg, FL 34788 Fax (352) 365-0077

Page 6 of 6

Should the decision of the Administrator be that this petition should be published, a 

summary statement is provided below as required by 14 CFR 11.81(f):

Summary for Publication

Petitioner: Firehawk Helicopters Inc.

 8850 Airport Road

 Leesburg, FL 34788-4002

 Phone: (352) 365-9077

 Fax: (352) 365-0077

Relief Sought: 14 CFR 133.33(d), 133.33(e), 133.45(d), and 91.313(e).

Description: Firehawk Helicopters Inc. is requesting relief from 14 CFR 133.33(d), 

133.33(e), 133.45(d), and 91.313(e) in order to allow its S-70 restricted category rotorcraft 

to, ferry to, and conduct external load operations over congested areas.

Sincerely,

Timothy Hansen,

Chief Pilot JSDL363F,

tim@firehawkhelicopters.com

352-630-1234