# 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 Avia tion 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 neces sary 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 constructio n 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 s ections of 14 CFR from which the petitioner seek s 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 conduc ted 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 rotorc raft 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 conges ted 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 H elicopters Inc., i s unique when compared to other petitioners who have requested relief from these same parts.

a) The Sikorsky S

- 70 is a transpo rt 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 requirement s.

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 ce rtificate 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 inspect ed 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 re stricted category

airworthiness certificate for an import aircraf t 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 re levant 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 co ndition 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 tha t Sikorsky sought restricted cat egory

c ertification 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 Certific ate 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 surpl us 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. Publ ic 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

factor y 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 sur plus 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 FA A 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 Setti ng

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. operat es 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 h ave 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 b y Firehawk Helicopters Inc. should be

committed to construction and othe r 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 prov ided 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

Relie f Sought: 14 CFR 133.33(d) , 133.33 (e), 133.45(d), and 91.313(e)

.

Description: Firehawk Helicopters Inc. is requesti ng 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 t o, and conduct external load operations over congested areas.

Sincerely,

Timothy Hansen, Chief Pilot JSDL363F, tim@firehawkhelicopters.com

352

- 630

- 1234