Shawn,
as I'm sure at the weights that are proposed for hoisting it has the necessary HOGE OEI performance.
I don't know how you can possibly make that statement without substantiation of the operational conditions. As has already been pointed out, compliance with Part 29.865(c)(6) is not just a matter of raw performance, it requires 'OEI hover performance and procedures in the RFM for the weights, altitudes and temperatures for which that external load approval is requested'.
The AD does not question the ability of the S92A to perform hoist missions it merely points out that that:
...the Model S-92A does not comply with the requirements of 14 CFR 29.865(c)(6) because, for HEC applications requiring use of Category A rotorcraft, that rotorcraft must have OEI hover performance and procedures in the RFM for the weights, altitudes and temperatures for which that external load approval is requested. The Model S-92A RFM does not contain that information. For conducting external load operations under 14 CFR 133, the FAA has defined HEC to be a rotorcraft-load combination "Class D'' operation. The actions in the proposed AD are intended to correct this mistake and to prevent HEC operation in noncompliance with the requirements, which could result in injury or loss of life.
Jim