Performance and Handling Qualities Requirements for Rotorcraft, 42222-42232 [E6-11726]
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Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 27 and 29
[Docket No. FAA–2006–25414; Notice No.
06–11]
RIN 2120–AH87
Performance and Handling Qualities
Requirements for Rotorcraft
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA is proposing new
and revised airworthiness standards for
normal and transport category rotorcraft
due to technological advances in design
and operational trends in normal and
transport rotorcraft performance and
handling qualities. The changes would
enhance the safety standards for
performance and handling qualities to
reflect the evolution of rotorcraft
capabilities.
Send your comments on or
before October 23, 2006.
ADDRESSES: You may send comments
[identified by Docket Number FAA–
2006–25414] using any of the following
methods:
• DOT Docket Web site: Go to https://
dms.dot.gov and follow the instructions
for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Fax: 1–202–493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For more information on the rulemaking
process, see the SUPPLEMENTARY
INFORMATION section of this document.
Privacy: We will post all comments
we receive, without change, to https://
dms.dot.gov, including any personal
information you provide. For more
information, see the Privacy Act
discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background
documents or comments received, go to
https://dms.dot.gov at any time or to
Room PL–401 on the plaza level of the
Nassif Building, 400 Seventh Street,
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DATES:
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SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jeff
Trang, Rotorcraft Standards Staff,
Rotorcraft Directorate, ASW–110,
Federal Aviation Administration, Fort
Worth, Texas 76193–0110, telephone
number (817) 222–5135; facsimile (817)
222–5961, e-mail jeff.trang@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. We also invite comments relating
to the economic, environmental, energy,
or federalism impacts that might result
from adopting the proposals in this
document. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
The docket is available for public
inspection before and after the comment
closing date. If you wish to review the
docket in person, go to the address in
the ADDRESSES section of this preamble
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may also review the docket using
the Internet at the web address in the
ADDRESSES section.
Privacy Act: Using the search function
of our docket Web site, anyone can find
and read the comments received into
any of our dockets, including the name
of the individual sending the comment
(or signing the comment on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78) or you may visit
https://dms.dot.gov.
Before acting on this proposal, we
will consider all comments we receive
on or before the closing date for
comments. We will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change this proposal in light of the
comments we receive.
If you want the FAA to acknowledge
receipt of your comments on this
proposal, include with your comments
a pre-addressed, stamped postcard on
which the docket number appears. We
will stamp the date on the postcard and
mail it to you.
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Proprietary or Confidential Business
Information
Do not file in the docket information
that you consider to be proprietary or
confidential business information. Send
or deliver this information directly to
the person identified in the FOR FURTHER
INFORMATION CONTACT section of this
document. You must mark the
information that you consider
proprietary or confidential. If you send
the information on a disk or CD–ROM,
mark the outside of the disk or CD–ROM
and also identify electronically within
the disk or CD–ROM the specific
information that is proprietary or
confidential.
Under 14 CFR 11.35(b), when we are
aware of proprietary information filed
with a comment, we do not place it in
the docket. We hold it in a separate file
to which the public does not have
access, and place a note in the docket
that we have received it. If we receive
a request to examine or copy this
information, we treat it as any other
request under the Freedom of
Information Act (5 U.S.C. 552). We
process such a request under the DOT
procedures found in 49 CFR part 7.
Availability of Rulemaking Documents
You can get an electronic copy using
the Internet by:
(1) Searching the Department of
Transportation’s electronic Docket
Management System (DMS) Web page
(https://dms.dot.gov/search);
(2) Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies/; or
(3) Accessing the Government
Printing Office’s Web page at https://
www.gpoaccess.gov/fr/.
You can also get a copy by sending a
request to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue
SW., Washington, DC 20591, or by
calling (202) 267–9680. Make sure to
identify the docket number, notice
number, or amendment number of this
rulemaking.
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701, ‘‘General requirements,’’ Section
44702, ‘‘Issuance of Certificates,’’ and
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Section 44704, ‘‘Type Certificates,
production certificates, and
airworthiness certificates.’’ Under
Section 44701, the FAA is charged with
prescribing regulations and minimum
standards for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
Under Section 44702, the FAA may
issue various certificates including type
certificates, production certificates, air
agency certificates, and airworthiness
certificates. Under Section 44704, the
FAA shall issue type certificates for
aircraft, aircraft engines, propellers, and
specified appliances when the FAA
finds that the product is properly
designed and manufactured, performs
properly, and meets the regulations and
minimum prescribed standards. This
regulation is within the scope of these
authorities because it would promote
safety by updating the existing
minimum prescribed standards, used
during the type certification process, to
reflect the enhanced performance and
handling quality capabilities of
rotorcraft. It would also harmonize this
standard with international standards
for evaluating the performance and
handling qualities of normal and
transport category rotorcraft.
Background
Statement of the Problem
Due to technological advances in
design and operational trends in normal
and transport rotorcraft performance
and handling qualities, the FAA is
proposing new and revised
airworthiness standards. Some current
part 27 and 29 regulations do not reflect,
in some cases, safety levels attainable by
modern rotorcraft, and FAA-approved
equivalent level of safety findings.
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History
It has been more than 20 years since
the last major promulgation of rules that
address the performance and handling
qualities of rotorcraft (Amendments 29–
24 and 27–21, 49 FR 44433 and 49 FR
44436, November 6, 1984). Since then,
the FAA has developed policy and
procedures that address certain aspects
of these requirements to make the parts
27 and 29 rules workable within the
framework of later rotorcraft designs
and operational needs. In addition, most
manufacturers have routinely exceeded
some of the minimum performance
requirements in part 27 and 29 of Title
14 of the Code of Federal Regulation
(CFR) to meet customer needs.
After the publication of the first issue
of the Joint Aviation Regulations (JAR)
for parts 27 and 29, which closely
mirrored 14 CFR part 29 at amendment
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31 and 14 CFR part 27 at amendment
27, the European Joint Aviation
Authorities (JAA) Helicopter
Airworthiness Study Group (HASG) and
the FAA agreed to form a specialist
subgroup to review proposals on flight
matters that were not incorporated
during promulgation of the JAR. This
subgroup consisted of representatives of
the JAA, Association of European des
Constructeurs de Material Aerospatiale
(AECMA), Aerospace Industries
Association of America (AIA), and the
FAA.
The subgroup first met in January
1994, and presented their findings to the
HASG and the FAA in May 1994. The
FAA announced the formation of the
Performance and Handling Qualities
Requirements Harmonization Working
Group (PHQHWG) in the Federal
Register (60 FR 4220, January 20, 1995)
to act on the recommendation presented
to the HASG and the FAA by the
specialist subgroup. The PHQHWG was
charged with recommending to the
Aviaiton Rulemaking Advisory
Committee (ARAC) new or revised
standards for flight-test procedures and
requirements. The PHQHWG was tasked
to ‘‘Review Title 14 Code of Federal
Regulations part 27 and Appendix B,
and part 29 and Appendix B, and
supporting policy and guidance material
for the purpose of determining the
course of action to be taken for
rulemaking and/or policy relative to the
issue of harmonizing performance and
handling qualities requirements.’’
The PHQHWG included
representatives that expressed an
interest by responding to the notice the
FAA published in the Federal Register.
The PHQHWG included representatives
from the AIA, the AECMA, the
European JAA, Transport Canada, and
the FAA Rotorcraft Directorate.
Additionally, the PHQHWG consulted
representatives from the manufacturers
of small rotorcraft. This broad
participation is consistent with the FAA
policy to involve all known interested
parties as early as practicable in the
rulemaking process. The PHQHWG first
met in March 1995 and has
subsequently met nine times.
General Discussion of the Proposals
Using the report submitted to the
HASG as a starting point, the PHQHWG
agreed there was a need to update the
rotorcraft performance and handling
qualities standards. As the meetings
progressed, the group evaluated
additional internally generated
proposals to change the performance
and handling qualities requirements
that were believed to be pertinent to the
group’s task. These proposals were
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either accepted or rejected on their
merits and by consensus of the group.
The group also came to a common
understanding of some acceptable
methods of compliance for the
proposals as well as the current
requirements, and appropriate Advisory
Circular material was developed
concurrently with this proposed rule.
There was much discussion in the
working group about the evolution of
the Appendix B Instrument Flight Rules
(IFR) flight characteristic requirements.
Early IFR helicopters were developed
using relatively simple analog systems
consisting primarily of two or three-axis
rate damping with, in some cases,
attitude or heading hold features.
Today, there are complex digital
automatic flight control systems or flight
management systems available with
highly redundant system architectures.
These highly complex systems may
have enough redundancy or
compensating features to allow system
operating characteristics as well as
acceptable aircraft handling qualities to
be maintained in degraded modes of
operation. Due to the difficulty of
adequately addressing all the various
elements of these complex systems and
the associated flight characteristics, it
was decided not to initiate parts 27 and
29 rulemaking addressing these
complex systems at this time, and that
the certification requirements for these
types of complex systems would be
handled on a case-by-case basis within
the current regulatory structure.
Section-by-Section Discussion of the
Proposals
Section 27.25 Weight Limits
Paragraph (a)(1)(iv) would be added to
formalize the equivalent level of safety
findings by establishing a maximum
weight limit if the requirements in
§ 27.79 or § 27.143(c)(1) cannot be met.
Some recent certifications of part 27
rotorcraft have required placing weight,
altitude, and temperature limitations in
the Rotorcraft Flight Manual (RFM) to
achieve an equivalent level of safety
with certain flight requirements.
Specifically, the requirement for
controllability near the ground while at
maximum weight and 7,000 feet density
altitude and the requirement to establish
the height-speed envelope at maximum
weight or the highest weight allowing
for hover out-of-ground-effect (OGE) for
altitudes above sea level are considered
a minimum level of safety for normal
category rotorcraft. If compliance with
these minimum standards is reached,
the resultant data is put in the flight
manual as performance information. In
some cases, an equivalent level of safety
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has been attained by prohibiting certain
operations and including limitations in
the RFM that reflect the actual
capability of the rotorcraft.
Section 29.25 Weight Limits
Amendments 29–21 (48 FR 4374,
January 31, 1983) and 29–24 (49 FR
44422, November 6, 1984) granted relief
to certain operating limitations for
Category B certificated rotorcraft with a
passenger seating capacity of nine or
less. These amendments stated that, for
these rotorcraft, the hover controllability
requirements of § 29.143(c) should not
be operating limitations. However, these
amendments did not specifically
include language that would assure
appropriate limitations are provided in
the RFM. The FAA has determined that
it is necessary to establish appropriate
limitations to ensure safe aircraft
operations within the demonstrated
performance envelope of the helicopter.
This proposed rule would amend
§ 29.25 by requiring that the maximum
weights, altitudes, and temperatures
demonstrated for compliance with
§ 29.143(c), which may also include
limited wind azimuths, become
operating limitations.
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New § 27.49 Performance at Minimum
Operating Speed (Formerly § 27.73)
This proposed rule would redesignate
§ 27.73 as § 27.49 and add a requirement
to determine the OGE hover
performance. Installed engine power
available on normal category helicopters
has increased significantly since the
promulgation of the original part 27
requirement, particularly for hot-day
and high-altitude conditions. As a
result, OGE helicopter operations once
limited to special missions have become
common. Most manufacturers present
OGE hover performance data in
approved flight manuals, although these
data are not currently required. This
change would mandate the current
industry practice and require that OGE
hover data be determined throughout
the range of weights, altitudes, and
temperatures.
Section 27.51 Takeoff
The proposed rule would revise the
wording of § 27.51 to recognize that the
most critical center-of-gravity (CG) may
not be the extreme forward CG, and
would require that tests be performed at
the most critical CG configuration and at
the maximum weight for which takeoff
certification is requested. The current
standard requires that tests be
performed at the extreme forward CG
and at a weight selected by the
applicant for altitudes above sea level.
Although for most rotorcraft the extreme
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forward CG is most critical, this may not
be true for all rotorcraft, and the
proposed language would provide for
such possibilities. This change to
§ 27.51 more clearly states the intent of
the current rule, which is to
demonstrate engine failure along the
takeoff flight path at the weight for
which takeoff data are provided. The
requirement to demonstrate safe
landings after an engine failure at any
point along the takeoff path up to the
maximum takeoff altitude or 7,000 feet,
whichever is less, has been clarified to
explicitly state that the altitudes cited in
the requirement are density altitudes.
Section 27.75 Landing
The proposed rule would revise
§ 27.75(a) to state the required flight
condition in more traditional rotorcraft
terminology. Included in this revision to
§ 27.75(a) is the requirement for multiengine helicopters to demonstrate
landings with one engine inoperative
and initiated from an established
approach. The proposed rule would also
make a minor revision in the text of
paragraph (a) of this section by
replacing the word ‘‘glide’’ with
‘‘autorotation.’’
Section 27.79 Limiting Height-Speed
Envelope
The proposed rule would revise
§ 27.79(a)(1) to include the words
‘‘density altitude’’ after ‘‘7000 feet.’’ The
proposed rule would also revise
§ 27.79(a)(2) by removing the word
‘‘lesser’’ from the first sentence. This
change reflects that current OGE
weights for helicopters are not
necessarily less than the maximum
weight at sea level. Additionally, in
§ 27.79(b)(2), the term ‘‘greatest power’’
is removed and replaced with language
that more clearly states the power to be
used on the remaining engine(s) for
multi-engine helicopters. This
‘‘minimum installed specification
power’’ is the minimum uninstalled
specification engine power after it is
corrected for installation losses. The
specific text in the proposed rule of the
ambient conditions that define the
engine power to be used during the
compliance demonstration is consistent
with existing advisory material and
current industry practice.
Section 27.143 Controllability and
Maneuverability
This proposed rule would revise
§ 27.143(a)(2)(v) to replace the word
‘‘glide’’ with ‘‘autorotation.’’ This minor
change does not affect the method of
compliance but states the required flight
condition in more traditional rotorcraft
terminology.
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This proposed rule would redesignate § 27.143(c) paragraphs (1)
through (4). Paragraph (4) would
become paragraph (1) and paragraphs
(1), (2), and (3) would become
paragraphs (i), (ii), and (iii). Paragraph
(c) in § 27.143 is rewritten to more
clearly state that controllability on or
near the ground must be demonstrated
throughout a range of speeds from zero
to at least 17 knots. The current part 27
rule could lead some applicants to
conclude that only a 17-knots
controllability data point must be
considered. That was not the intent of
the current part 27 requirement. The
most critical speed may be less than 17
knots. Additionally, the altitude
requirement is clarified with the
addition of the words ‘‘density
altitude.’’
Section 27.143(c)(2) is revised to
require that controllability be
determined at altitudes above 7,000 feet
density altitude if takeoff and landing
data are scheduled above that altitude.
Currently, no requirement exists to
determine controllability above 7,000
feet, even though takeoff and landing
data may be presented above that
altitude. With the advent of lighter and
more powerful engines, it is not
uncommon for rotorcraft to operate at
altitudes that, until recently, were
limited to a small number of rotorcraft
performing very specialized operations.
Since more rotorcraft are operating at
these altitudes, safety dictates that
controllability and maneuverability be
determined above 7,000 feet.
The proposed rule would add
§ 27.143(d) to require the determination
of controllability for wind velocities
from zero to at least 17 knots OGE at
weights selected by the applicant.
Operations in support of law
enforcement, search and rescue, and
media coverage are often performed in
such a manner that the rotorcraft
performance in rearward or quartering
flight is important in accomplishing the
mission. This new requirement in
§ 27.143(d), in conjunction with the
proposed OGE hover requirement of
§ 27.49, would increase the level of
safety by requiring additional
performance information.
Section 29.143 Controllability and
Maneuverability
The proposed rule would revise
§ 29.143(a)(2)(v) to replace the word
‘‘glide’’ with ‘‘autorotation.’’ This minor
change does not affect the method of
compliance but states the required flight
condition in more traditional rotorcraft
terminology.
Paragraph (c) in section § 29.143
would be rewritten to clarify that
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controllability on or near the ground
must be demonstrated throughout a
range of speeds from zero to at least 17
knots. The current part 29 rule could
lead some applicants to the conclusion
that only a 17-knot controllability data
point must be considered when, in fact,
the most critical speed may be less than
17 knots. This proposed rule would add
paragraph (c)(4) to § 29.143 to explicitly
require that controllability be
determined for wind velocities up to at
least 17 knots, at an altitude from
standard sea level conditions to the
maximum takeoff and landing altitude
capability of the rotorcraft. This
proposed rule reflects current practice.
This proposed rule would add
paragraph (d) to § 29.143 to require that
controllability be determined for wind
velocities up to at least 17 knots OGE at
weights selected by the applicant.
Today, operations in support of law
enforcement, search and rescue, and
media coverage will often be performed
in such a manner that the rotorcraft
performance in rearward or quartering
flight are of a safety concern.
Sections 27.173 and 29.173 Static
Longitudinal Stability
A minor clarification change is
proposed to paragraph (a) in §§ 27.173
and 29.173 to change ‘‘a speed’’ to ‘‘an
airspeed.’’ Paragraph (b) would be
combined with paragraph (c) in
§§ 27.173 and 29.173 to allow neutral or
negative static stability in limited areas
of the flight envelope, if adequate
compensating characteristics are present
and the pilot can maintain airspeed
within 5 knots of the desired trim speed
during the conditions specified in
§§ 27.175 and 29.175.
The ability to maintain appropriate
airspeed control during other flight
conditions would be tested under
§§ 27.143 and 29.143. Neutral or
negative static longitudinal stability in
limited flight domains has been allowed
for numerous rotorcraft under
equivalent level of safety findings when
adequate compensating features have
been present. The satisfactory
experience gained with these equivalent
safety findings has provided the basis
for the proposed change. Historically,
these limited flight domains have been
encountered at the aft limit of the
weight/CG envelopes during descent, or
autorotation, or climb stability
demonstrations. Historically, negative
longitudinal control position gradient
versus airspeed has generally been no
more than 2 to 3 percent of the total
control travel.
Additionally, these proposals would
delete the §§ 27.173(c) and 29.173(c)
requirements relating to the hover
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demonstration specified in the current
§§ 27.175(d) and 29.175(d). See
additional discussion at §§ 27.175 and
29.175.
Sections 27.175 and 29.175
Demonstration of Static Longitudinal
Stability
The proposals in paragraphs (a) and
(b) would decrease the speed range
about the specified trim speeds to more
representative values than are currently
contained in the rule. A new paragraph
(c) would require an additional level
flight demonstration point. The current
paragraph (c) would be re-designated as
paragraph (d), and the current paragraph
(d) containing the hover demonstration
would be deleted.
Some current requirements in
§§ 27.175 and 29.175 are not
appropriate for the newer generation of
rotorcraft. When the current regulation
was written, the cruise demonstration of
0.7 VH to 1.1 VH typically represented
approximately a 30 knots speed
variation for helicopters. Now, the
cruise demonstration, between the
maximum and the minimum speeds (1.1
VH and 0.7 VH), can encompass such a
large speed range that the trim point and
end points actually represent
completely different flight regimes
rather than perturbations about a trim
point in a given flight regime. For some
modern helicopters with a never-exceed
speed (VNE) in excess of 150 knots, the
speed variation for the cruise
demonstration could approach 60 knots,
which makes the maneuver difficult to
perform and does not represent a
normal variation about a trim point.
These proposals would reduce the
speed range for the cruise
demonstration to ±10 knots about the
specified trim point.
An additional demonstration point at
a trim airspeed of VNE¥10 knots is
proposed to maintain the data coverage
over a speed range similar to that
contained in the current §§ 27.175(b)
and 29.175(b).
For the demonstration in autorotation,
the current requirement specifies that
the rotorcraft be trimmed at speeds
found necessary by the Administrator to
demonstrate stability. The proposed rule
would specify typically used trim
speeds—minimum rate of descent and
best angle of glide airspeeds—for the
stability demonstration. The conditions
required to develop these airspeeds are
currently stated in §§ 27.67, 27.71, 29.67
and 29.71. The proposed rule would
also limit the speed range for
demonstration to ±10 knots from the
trim points. The proposed new trim
points and speed ranges may not
encompass VNE in autorotation as
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explicitly required in current §§ 27.175
and 29.175. The proposed trim points,
however, provide data at the most likely
operating conditions. Autorotation at
VNE is typically a transient and dynamic
flight condition that often places high
workload demands on the pilot due
primarily to maintaining rotor speed
control and the desired flight path.
During these dynamic conditions of
autorotation at VNE that are evaluated
under §§ 27.143 and 29.143,
longitudinal static stability is less
important than in the more stabilized
conditions as proposed.
This proposed rule would delete the
hover demonstration requirements of
current §§ 27.175(d) and 29.175(d). The
requirement to demonstrate static
longitudinal stability in a hover has
been shown to be unnecessary since the
proper sense and motion of controls
during hover are evaluated as part of
other required tests. The controllability
and maneuverability requirements of
§§ 27.143(a) and (c) and 29.143(a) and
(c) adequately address the safety
considerations during hover flight.
Sections 27.177 and 29.177 Static
Directional Stability
This proposed rule would revise
§§ 27.177 and 29.177 to change the
demonstration criteria for static
directional stability. The current part 27
and 29 rule contains general language
and relies primarily on a pilot’s
subjective judgment that he is
approaching the sideslip limit, which
renders it difficult to make compliance
determinations due to a lack of objective
test criteria. The proposals would
provide further objective criteria over
which the directional stability
characteristics of rotorcraft are
evaluated. The proposed rule also
allows for a minimal amount of negative
stability around each trim point. This
recognizes the characteristics exhibited
by many rotorcraft that have some
airflow blockage of the vertical fin or
tail rotor at small sideslip angles. This
minimal amount of negative stability
does not materially affect the overall
safety considerations of static
directional stability.
Section 27.903 Engines
This proposed rule would revise
§ 27.903 to add a new paragraph (d) to
require engine restart capability. A
restart capability is a fundamental
necessity for any aircraft to minimize
the risk of a forced landing. A restart
capability will enhance safety, even
though it will not be useful in every
case such as when there is engine
damage or insufficient altitude to carry
out the restart procedure. A study of
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accident and incident data shows a large
number of engine failures or flameouts
on rotorcraft with a restart capability. A
number of these incidents resulted in
successful in-flight restarts following
failure due to causes such as snow and
ice ingestion, fuel contamination, or fuel
mismanagement. The data related to the
accident and incident engine failures or
flameouts are contained in the Docket.
The proposed text, taken directly from
current § 29.903(e), would require an inflight restart capability for both singleengine and multiengine rotorcraft. We
intend that restart procedures be
included in the RFM.
Section 27.1587 Performance
Information
Section 27.1587(a) would be revised
to include a reference to new § 27.49.
Section 27.1587(a)(2)(i) and (ii) would
be revised to specifically include
requirements for presenting maximum
safe winds for OGE operations
established in the proposed § 27.143.
Section 27.1587(b)(1)(i) and (ii) would
be deleted. These two paragraphs were
moved into § 27.1585(a) by Amendment
27–21, and inadvertently left in from
§ 27.1587.
sroberts on PROD1PC70 with PROPOSALS
Section 29.1587 Performance
Information
The proposal to revise § 29.1587
would require new performance
information be included in the RFM.
Sections 29.1587(a)(7) and 29.1587(b)(8)
would be amended to include the
requirements for presenting maximum
safe winds for OGE operations.
Appendix B to Part 27—Airworthiness
Criteria for Helicopter Instrument
Flight
The proposed rule would amend
paragraph (V)(a) to allow for a minimal
amount of neutral or negative stability
around trim and would replace the
words ‘‘in approximately constant
proportion’’ with ‘‘without
discontinuity.’’ This is intended to be a
more objective standard that does not
allow irregularity in the aircraft
response to control input. Also, this is
consistent with the change that is
proposed in § 27.177 of the VFR
requirements that proposes more
specific criteria to evaluate stability
characteristics, but also recognizes a
minimal amount of negative stability.
Additionally, the proposed paragraph
would require that the pilot be able to
maintain the desired heading without
exceptional skill or alertness. This
proposed rule would also revise
paragraph VII(a)(1) and VII(a)(2). This
revision would reorganize the
paragraphs and further specify the
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standards that must be met when
considering a stability augmentation
system failure.
Appendix B to Part 29—Airworthiness
Criteria for Helicopter Instrument
Flight
The proposed rule would amend
paragraph (V)(a) to allow for a minimal
amount of neutral or negative stability
around trim and would replace the
words ‘‘in approximately constant
proportion’’ with ‘‘without
discontinuity.’’ This is intended to be a
more objective standard that does not
allow irregularity in the aircraft
response to control input. Also, this is
consistent with the change that is
proposed in § 29.177 of the VFR
requirements that proposes more
specific criteria to evaluate stability
characteristics, but also recognizes a
minimal amount of negative stability.
Additionally, the proposed paragraph
would require that the pilot be able to
maintain the desired heading without
exceptional skill or alertness. Lastly, in
paragraph (V)(b)—the word ‘‘cycle’’ is
replaced by the correct word, ‘‘cyclic.’’
This proposed rule would revise
paragraphs VII(a)(1) and VII(a)(2). This
change would reorganize the paragraphs
and further specify the standards that
must be met when considering a
stability augmentation system failure.
Paperwork Reduction Act
This proposal contains the following
new information collection
requirements. As required by the
Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the FAA has submitted
the information requirements associated
with this proposal to the Office of
Management and Budget for review.
Title: Performance and Handling
Qualities Requirements for Rotorcraft.
Summary: This proposal would revise
the airworthiness standards for normal
and transport category rotorcraft
performance and handling qualities.
This proposal would increase the
current minimum safety standards to
require compliance with certain current
industry practices and FAA policies that
result in higher safety standards, and
would result in harmonized
international standards. Proposed
§§ 27.49(a)(3) and 27.143(d) require all
applicants seeking certification for a
normal category rotorcraft to determine
out-of-ground effect performance data,
and the proposed § 27.1587 requires that
performance data be provided to
operators in the RFM that must be
furnished with each rotorcraft. For those
applicants seeking certification for a
transport category rotorcraft, proposed
§ 29.143(d) requires that they determine
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additional out-of-ground effect
performance data. Proposed § 29.1587
requires that performance data, in
addition to current § 29.49 and other
data, be provided to operators in the
RFM.
Use of: The required performance
information would be determined
during the certification process for
various rotorcraft weights, altitudes, and
temperatures and would be collected
from rotorcraft certification applicants.
This performance information would be
inserted into the RFM and used by
rotorcraft operators to determine
whether their rotorcraft was capable of
performing certain missions in their
operating environment.
Respondents (including number of):
We anticipate an average of 4 normal or
transport category rotorcraft certification
applicants every 10 years would be
required to determine this performance
information and provide it to operators
in each RFM. We anticipate 50 rotorcraft
are delivered for each new certification
and a RFM must be furnished with each
rotorcraft.
Frequency: The frequency of
determining the performance data
would depend on how often an
applicant seeks the certification of a
rotorcraft. We anticipate four new
rotorcraft certifications each 10 years.
This performance data would be
provided when the manufacturer
delivers each rotorcraft to an operator.
Based on industry responses, we
anticipate 50 rotorcraft are delivered per
certification, resulting in 50 manuals.
Annual Burden Estimate: The
performance data must be collected
during each certification and disclosed
in each RFM. Based on industry
response, we anticipate that it would
take 20 hours at $100 per hour to collect
the performance data for four
certifications every 10 years for an
annual collection burden of $200.00
($100 * (20/10)). We further anticipate
2 additional pages would be required to
place the data in the RFM. We estimate
an annual paperwork burden of 120
pages with an annual reproduction cost
of $6.00. Therefore, the estimated total
annual cost burden of the additional
paperwork for this proposed rule would
be $206.00.
The agency is soliciting comments
to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
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Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Proposed Rules
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Individuals and organizations may
submit comments on the information
collection requirement by September 25,
2006, and should direct them to the
address listed in the ADDRESSES section
of this document. Comments also
should be submitted to the Office of
Information and Regulatory Affairs,
OMB, New Executive Building, Room
10202, 725 17th Street, NW.,
Washington, DC 20053, Attention: Desk
Officer for FAA.
According to the 1995 amendments to
the Paperwork Reduction Act (5 CFR
1320.8(b)(3)(vi)), an agency may not
collect or sponsor the collection of
information, nor may it impose an
information collection requirement
unless it displays a currently valid OMB
control number. The OMB control
number for this information collection
will be published in the Federal
Register, after the Office of Management
and Budget approves it.
sroberts on PROD1PC70 with PROPOSALS
International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
comply with International Civil
Aviation Organization (ICAO) Standards
and Recommended Practices to the
maximum extent practicable. The FAA
has reviewed the corresponding ICAO
Standards and Recommended Practices
and has identified no ‘‘differences’’ with
these proposed regulations.
Executive Order 12866, DOT
Regulatory Policies and Procedures,
Economic Assessment, Regulatory
Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates
Assessment
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 directs that
each Federal agency shall propose or
adopt a regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (Pub. L. 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
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Jkt 208001
commerce of the United States. In
developing U.S. standards, this Trade
Act requires agencies to consider
international standards and, where
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector, of
$100 million or more annually (adjusted
for inflation with base year of 1995).
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this proposed rule.
We suggest readers seeking greater
detail read the full regulatory
evaluation, a copy of which we have
placed in the docket for this rulemaking.
In conducting these analyses, FAA
has determined that this proposed rule:
(1) Has benefits that justify its costs, (2)
is not an economically ‘‘significant
regulatory action’’ as defined in section
3(f) of Executive Order 12866, (3) is not
‘‘significant’’ as defined in DOT’s
Regulatory Policies and Procedures; (4)
would not have a significant economic
impact on a substantial number of small
entities; (5) would not have a significant
effect on international trade; and (6)
would not impose an unfunded
mandate on state, local, or tribal
governments, or on the private sector by
exceeding the threshold identified
above. These analyses are summarized
below.
Total Benefits and Costs of This
Rulemaking
The estimated cost of this proposed
rule is about $558,250 ($364,955 in
present value). The estimated potential
benefits of avoiding at least one
helicopter accident are about $3.9
million ($2.7 million in present value).
Who is Potentially Affected by This
Rulemaking
• Operators of U.S.-registered part 27
or 29 rotorcraft, and
• Manufacturers of those rotorcraft.
Our Cost Assumptions and Sources of
Information
• Discount rate—7%.
• Period of analysis—10 years.1
• Value of fatality avoided—$3.0
million (Source: ‘‘Economic Values for
FAA Investment & Regulatory
Decisions,’’ (March 2004)).
1 The 10-year analysis period covers our
assumption that manufacturers will seek new
certification for one large and one small part 27 and
two large part 29 rotorcraft.
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42227
Benefits of This Rulemaking
The benefits of this NPRM consist of
the value of lives and property saved
due to avoiding accidents involving part
27 or part 29 rotorcraft. Over the 10-year
period of analysis, the potential benefit
of the NPRM would be at least $3.9
million ($2.7 million in present value)
by preventing one accident.
Costs of This Rulemaking
We estimate the costs of this proposed
rule to be about $558,250 ($364,955 in
present value) over the 10-year analysis
period. Manufacturers of 14 CFR part 27
helicopters would incur costs of
$383,250 ($234,039 in present value)
and manufacturers of 14 CFR part 29
helicopters would incur costs of
$175,000 ($130,916 in present value).
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objective of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the business, organizations, and
governmental jurisdictions subject to
regulation.’’ To achieve that principle,
the RFA requires agencies to consider
flexible regulatory proposals, to explain
the rationale for their actions, and to
solicit comments. The RFA covers a
wide-range of small entities, including
small businesses, not-for-profit
organizations and small governmental
jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA.
However, if an agency determines that
a proposed or final rule is not expected
to have a significant economic impact
on a substantial number of small
entities, section 605(b) of the 1980 RFA
provides that the head of the agency
may so certify and a regulatory
flexibility analysis is not required. The
certification must include a statement
providing the factual basis for this
determination, and the reasoning should
be clear.
We use the Small Business
Administration (SBA) guideline of 1,500
employees or less per firm as the
criterion for the determination of a
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Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Proposed Rules
small business in commercial air
service.2
In order to determine if the proposed
rule will have a significant economic
impact on a substantial number of small
entities, a list of all U.S. rotorcraft
manufacturers, who must meet normal
and transport category rotorcraft
airworthy standards under 14 CFR parts
27 and 29, was tabulated.
Using information provided by three
sources: The World Aviation Directory,
Dunn and Bradstreet’s company
databases, and SEC filings through the
Internet, we examined the publicly
available revenue and employment of
all these businesses, after eliminating
those with more than 1,500 employees
and subsidiaries of larger businesses. An
example of a subsidiary business is Bell
Helicopter, which is a subsidiary of
Textron, Inc.
This methodology resulted in the
following list of 6 U.S. part 27 rotorcraft
manufactures with less than 1,500
employees. None of the part 29
rotorcraft manufacturers has 1,500 or
fewer employees.
U.S. rotorcraft manufactures
Hiller Aircraft Corp. ...............
Brantly Helicopter Industry ...
U.S. rotorcraft manufactures
COMPLIANCE COSTS
Employment
Enstrom Helicopter Corporation ....................................
Schweizer Aircraft Corporation ....................................
Erickson Air-Crane ...............
Robinson Helicopter Company, Inc ...........................
Section
400
500
700
The FAA expects that one large firm
and one small firm will seek
certification of a new part 27 normal
category rotorcraft over the next ten
years. Although most of the proposed
requirements intended to revise the
flight certification requirements are
current industry standard and support
new FAA rotorcraft policy, some will
increase costs, while some will decrease
costs. Sections 27.49, 27.143, 29.143,
27.175, 29.175, 27.177, and 27.903 will
increase costs by requiring
manufacturers to add additional data
and testing procedures to the Rotorcraft
Flight Manual (RFM). Sections 27.173
and 29.173 on static longitudinal
stability would be cost relieving to the
manufactures because they delete hover
demonstrations not relevant to safety
and are redundant with other
Employment
requirements. We estimate the average
35 compliance costs for such a small firm
35 to be $84,500 as follows:
U.S. rotorcraft manufactures
27.49 .....................................
27.143 ...................................
27.173 ...................................
27.175 ...................................
27.177 ...................................
27.903 ...................................
$21,125
26,000
(13,000)
3,250
17,875
16,250
Total ...............................
84,500
The annualized cost for this small
operator is estimated at $12,030
($84,500 X 0.142378).3
The degree to which a small rotorcraft
manufacturer can ‘‘afford’’ the cost of
compliance is determined by the
availability of financial resources. The
initial implementation costs of the
proposed rule may come from either
cash flow or be borrowed. As a proxy for
the firm’s ability to afford the cost of
compliance, we calculated the ratio of
the total annualized cost of the
proposed rule as a percentage of annual
revenue. None of the small business
operators potentially affected by this
proposed rule would incurred costs
greater that 0.2 percent of their annual
revenue (see table below).
Employment
Hiller Aircraft Corp. ......................................................................................................................
Brantly Helicopter Industry ..........................................................................................................
Enstrom Helicopter Corporation ..................................................................................................
Schweizer Aircraft Corporation ....................................................................................................
Erickson Air-Crane .......................................................................................................................
Robinson Helicopter Company, Inc .............................................................................................
As we expect only one of these
companies to certificate a new rotorcraft
in the next 10 years, only one would
incur compliance costs. We estimated
this compliance cost would be less that
0.2 percent of their total annual
revenue.
Thus, we determined that no small
entity would incur a substantial
economic impact in the form of higher
annual costs as a result of this proposed
rule. Therefore, the FAA certifies that
this proposal would not have a
significant economic impact on a
substantial number of small entities.
sroberts on PROD1PC70 with PROPOSALS
International Trade Impact Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39) prohibits Federal
agencies from establishing any
2 13 CFR part 121.201, Size Standards Used to
Define Small Business Concerns, Section 48–49
Transportation, Subsector 481 Air Transportation.
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Cost
100
35
35
100
400
500
700
Annual
revenue
Percentage
$7,500,000
15,000,000
35,000,000
35,000,000
35,000,000
80,000,000
0.16
0.08
0.03
0.03
0.03
0.02
standards or engaging in related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Legitimate domestic
objectives, such as safety, are not
considered unnecessary obstacles. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards. This proposed rule
reflects an international effort to have
common certification standards, and
thus is in accord with the Trade
Agreements Act.
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more
(adjusted annually for inflation with the
base year 1995) in any one year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of
$120.7 million in lieu of $100 million.
This proposed rule does not contain
such a mandate. The requirements of
Title II do not apply.
Unfunded Mandates Assessment
Executive Order 13132, Federalism
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order 13132, Federalism. We
determined that this action would not
3 Uniform Annual Value discounted at 7% over
10-year period.
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Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Proposed Rules
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, and therefore
would not have federalism implications.
Regulations Affecting Intrastate
Aviation in Alaska
Section 1205 of the FAA
Reauthorization Act of 1996 (codified at
49 U.S.C. 40113(f)) requires the
Administrator, when modifying
regulations in title 14 of the CFR in a
manner affecting intrastate aviation in
Alaska, to consider the extent to which
Alaska is not served by transportation
modes other than aviation, and to
establish such regulatory distinctions as
he or she considers appropriate.
Because this proposed rule would apply
to the certification of future designs of
normal and transport category rotorcraft
and their subsequent operation, it could,
if adopted, affect intrastate aviation in
Alaska. The FAA therefore specifically
requests comments on whether there is
justification for applying the proposed
rule differently in intrastate operations
in Alaska.
sroberts on PROD1PC70 with PROPOSALS
Environmental Analysis
FAA Order 1050.1E identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this proposed
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 312f and involves no
extraordinary circumstances.
Regulations that Significantly Affect
Energy Supply, Distribution, or Use
The energy impact of the proposed
rule has been assessed in accordance
with the Energy Policy and
Conservation Act (EPCA) Public Law
94–163, as amended (42 U.S.C. 6362)
and the Department of Transportation
implementing regulations, specifically
14 CFR 313.4, that defines a ‘‘major
regulatory action.’’ We have determined
that this notice is not a ‘‘major
regulatory action’’ under the provisions
of the EPCA. Additionally, we have
analyzed this proposal under Executive
Order 13211, Actions Concerning
Regulations that Significantly Affect
Energy Supply, Distribution, or Use
(May 18, 2001).
We have determined that this
proposed rule is not a ‘‘significant
energy action’’ under the executive
order because it is not a ‘‘significant
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Jkt 208001
regulatory action’’ under Executive
Order 12866, and it is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy.
List of Subjects
14 CFR Part 27
Air transportation, Aircraft, Aviation
safety, Rotorcraft, Safety.
14 CFR Part 29
Air transportation, Aircraft, Aviation
safety, Rotorcraft, Safety.
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend parts 27 and 29 of
Title 14, Code of Federal Regulations, as
follows:
PART 27—AIRWORTHINESS
STANDARDS: NORMAL CATEGORY
ROTORCRAFT
1. The authority citation for part 27
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 4470144702, 44704.
2. Amend § 27.25 by adding the word
‘‘weight’’ after the word ‘‘maximum’’
and removing the word ‘‘or’’ at the end
of the sentence in paragraph (a)(1)(ii);
removing the word ‘‘and’’ and adding
the word ‘‘or’’ in its place in paragraph
(a)(1)(iii); and by adding paragraph
(a)(1)(iv) to read as follows:
§ 27.25
Weight limits.
(a) * * *
(1) * * *
(iv) The highest weight in which the
provisions of §§ 27.79 or 27.143(c)(1), or
combinations thereof, are demonstrated
if the weights and operating conditions
(altitude and temperature) prescribed by
those requirements cannot be met; and
*
*
*
*
*
3. Re-designate § 27.73 as new § 27.49
and revise to read as follows:
§ 27.49 Performance at minimum
operating speed.
(a) For helicopters—
(1) The hovering ceiling must be
determined over the ranges of weight,
altitude, and temperature for which
certification is requested, with—
(i) Takeoff power;
(ii) The landing gear extended; and
(iii) The helicopter in-ground effect at
a height consistent with normal takeoff
procedures; and
(2) The hovering ceiling determined
under paragraph (a)(1) of this section
must be at least—
(i) For reciprocating engine powered
helicopters, 4,000 feet at maximum
weight with a standard atmosphere; or
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42229
(ii) For turbine engine powered
helicopters, 2,500 feet pressure altitude
at maximum weight at a temperature of
standard plus 22 °C (standard plus 40
°F).
(3) The out-of-ground effect hovering
performance must be determined over
the ranges of weight, altitude, and
temperature for which certification is
requested, using takeoff power.
(b) For rotorcraft other than
helicopters, the steady rate of climb at
the minimum operating speed must be
determined over the ranges of weight,
altitude, and temperature for which
certification is requested, with—
(1) Takeoff power; and
(2) The landing gear extended.
4. Revise § 27.51 to read as follows:
§ 27.51
Takeoff.
The takeoff, with takeoff power and
r.p.m. at the most critical center of
gravity, and with weight from the
maximum weight at sea level to the
weight for which takeoff certification is
requested for each altitude covered by
this section—
(a) May not require exceptional
piloting skill or exceptionally favorable
conditions throughout the ranges of
altitude from standard sea level
conditions to the maximum altitude for
which takeoff and landing certification
is requested, and
(b) Must be made in such a manner
that a landing can be made safely at any
point along the flight path if an engine
fails. This must be demonstrated up to
the maximum altitude for which takeoff
and landing certification is requested or
7,000 feet density altitude, whichever is
less.
5. Revise § 27.75(a) to read as follows:
§ 27.75
Landing.
(a) The rotorcraft must be able to be
landed with no excessive vertical
acceleration, no tendency to bounce,
nose over, ground loop, porpoise, or
water loop, and without exceptional
piloting skill or exceptionally favorable
conditions, with—
(1) Approach or autorotation speeds
appropriate to the type of rotorcraft and
selected by the applicant;
(2) The approach and landing made
with—
(i) Power off, for single engine
rotorcraft and entered from steady state
autorotation; or
(ii) One-engine inoperative (OEI) for
multiengine rotorcraft, with each
operating engine within approved
operating limitations, and entered from
an established OEI approach.
*
*
*
*
*
6. Amend § 27.79 by removing the
word ‘‘rotocraft’’ and replacing it with
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‘‘rotorcraft’’ in paragraph (b)(3) and
revising paragraphs (a)(1), (a)(2) and
(b)(2) to read as follows:
§ 27.79
Limiting height-speed envelope.
(a) * * *
(1) Altitude, from standard sea level
conditions to the maximum altitude
capability of the rotorcraft, or 7000 feet
density altitude, whichever is less; and
(2) Weight, from the maximum weight
at sea level to the weight selected by the
applicant for each altitude covered by
paragraph (a)(1) of this section. For
helicopters, the weight at altitudes
above sea level may not be less than the
maximum weight or the highest weight
allowing hovering out-of-ground effect,
whichever is lower.
(b) * * *
(2) For multiengine helicopters, OEI
(where engine isolation features ensure
continued operation of the remaining
engines), and the remaining engine(s)
within approved limits and at the
minimum installed specification power
available for the most critical
combination of approved ambient
temperature and pressure altitude
resulting in 7000 feet density altitude or
the maximum altitude capability of the
helicopter, whichever is less, and
*
*
*
*
*
7. Amend § 27.143 by revising
paragraph (a)(2)(v); re-designating
paragraphs (d) and (e) as paragraphs (e)
and (f) respectively; revising paragraph
(c); and adding a new paragraph (d) to
read as follows:
sroberts on PROD1PC70 with PROPOSALS
§ 27.143 Controllability and
maneuverability.
(a) * * *
(2) * * *
(v) Autorotation;
*
*
*
*
*
(c) Wind velocities from zero to at
least 17 knots, from all azimuths, must
be established in which the rotorcraft
can be operated without loss of control
on or near the ground in any maneuver
appropriate to the type (such as
crosswind takeoffs, sideward flight, and
rearward flight)—
(1) With altitude, from standard sea
level conditions to the maximum takeoff
and landing altitude capability of the
rotorcraft or 7000 feet density altitude,
whichever is less; with:
(i) Critical Weight;
(ii) Critical center of gravity;
(iii) Critical rotor r.p.m.;
(2) For takeoff and landing altitudes
above 7000 feet density altitude with—
(i) Weight selected by the applicant;
(ii) Critical center of gravity; and
(iii) Critical rotor r.p.m.
(d) Wind velocities from zero to at
least 17 knots, from all azimuths, must
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be established in which the rotorcraft
can be operated without loss of control
out-of-ground-effect, with—
(1) Weight selected by the applicant;
(2) Critical center of gravity;
(3) Rotor r.p.m. selected by the
applicant; and
(4) Altitude, from standard sea level
conditions to the maximum takeoff and
landing altitude capability of the
rotorcraft.
*
*
*
*
*
8. Amend § 27.173 by removing the
words ‘‘a speed’’ in the two places in
paragraph (a) and adding the words ‘‘an
airspeed’’ in both their places; removing
paragraph (c); and revising paragraph (b)
to read as follows:
§ 27.173
Static longitudinal stability.
*
*
*
*
*
(b) Throughout the full range of
altitude for which certification is
requested, with the throttle and
collective pitch held constant during the
maneuvers specified in § 27.175(a)
through (d), the slope of the control
position versus airspeed curve must be
positive. However, in limited flight
conditions or modes of operation
determined by the Administrator to be
acceptable, the slope of the control
position versus airspeed curve may be
neutral or negative if the rotorcraft
possesses flight characteristics that
allow the pilot to maintain airspeed
within ±5 knots of the desired trim
airspeed without exceptional piloting
skill or alertness.
9. Amend § 27.175 by removing
paragraph (d); revising the introductory
text in paragraphs (a) and (b); revising
paragraphs (b)(3) and (b)(5); redesignating paragraph (c) as (d) and
revising re-designated paragraph (d);
and adding a new paragraph (c) to read
as follows:
§ 27.175 Demonstration of static
longitudinal stability.
(a) Climb. Static longitudinal stability
must be shown in the climb condition
at speeds from Vy ¥ 10 kt, to Vy + 10
kt with—
*
*
*
*
*
(b) Cruise. Static longitudinal stability
must be shown in the cruise condition
at speeds from 0.8 VNE ¥ 10 kt to 0.8
VNE + 10 kt or, if VH is less than 0.8 VNE,
from VH -10 kt to VH + 10 kt, with—
*
*
*
*
*
(3) Power for level flight at 0.8 VNE or
VH, whichever is less;
*
*
*
*
*
(5) The rotorcraft trimmed at 0.8 VNE
or VH, whichever is less.
(c) VNE. Static longitudinal stability
must be shown at speeds from VNE ¥
20 kt to VNE with—
PO 00000
Frm 00010
Fmt 4701
Sfmt 4702
(1) Critical weight;
(2) Critical center of gravity;
(3) Power required for level flight at
VNE ¥ 10 kt or maximum continuous
power, whichever is less;
(4) The landing gear retracted; and
(5) The rotorcraft trimmed at VNE ¥
10 kt.
(d) Autorotation. Static longitudinal
stability must be shown in autorotation
at—
(1) Airspeeds from the minimum rate
of descent airspeed ¥ 10 kt to the
minimum rate of descent airspeed + 10
kt, with—
(i) Critical weight;
(ii) Critical center of gravity;
(iii) The landing gear extended; and
(iv) The rotorcraft trimmed at the
minimum rate of descent airspeed.
(2) Airspeeds from best angle-of-glide
airspeed ¥ 10 kt to the best angle-ofglide airspeed + 10 kt, with—
(i) Critical weight;
(ii) Critical center of gravity;
(iii) The landing gear retracted; and
(iv) The rotorcraft trimmed at the best
angle-of-glide airspeed.
10. Revise § 27.177 to read as follows:
§ 27.177
Static directional stability.
(a) The directional controls must
operate in such a manner that the sense
and direction of motion of the rotorcraft
following control displacement are in
the direction of the pedal motion with
the throttle and collective controls held
constant at the trim conditions specified
in § 27.175 (a), (b), and (c). Sideslip
angles must increase with steadily
increasing directional control deflection
for sideslip angles up to the lesser of—
(1) ±25 degrees from trim at a speed
of 15 knots less than the speed for
minimum rate of descent varying
linearly to (10 degrees from trim at VNE;
(2) The steady state sideslip angles
established by § 27.351;
(3) A sideslip angle selected by the
applicant, which corresponds to a
sideforce of at least 0.1g; or,
(4) The sideslip angle attained by
maximum directional control input.
(b) Sufficient cues must accompany
the sideslip to alert the pilot when the
aircraft is approaching the sideslip
limits.
(c) During the maneuver specified in
paragraph (a) of this section, the sideslip
angle versus directional control position
curve may have a negative slope within
a small range of angles around trim,
provided the desired heading can be
maintained without exceptional piloting
skill or alertness.
11. Amend § 27.903 by adding a new
paragraph (d) to read as follows:
§ 27.903
*
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Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Proposed Rules
(d) Restart capability: A means to
restart any engine in flight must be
provided.
(1) Except for the in-flight shutdown
of all engines, engine restart capability
must be demonstrated throughout a
flight envelope for the rotorcraft.
(2) Following the in-flight shutdown
of all engines, in-flight engine restart
capability must be provided.
12. Amend § 27.1587 by removing
paragraphs (b)(1)(i) and (b)(1)(ii) and
revising the introductory text in
paragraph (a) and paragraphs (a)(2)(i)
and (a)(2)(ii) to read as follows:
§ 27.1587
Performance information.
(a) The Rotorcraft Flight Manual must
contain the following information,
determined in accordance with §§ 27.49
through 27.79 and 27.143(c) and (d):
*
*
*
*
*
(2) * *
(i) The steady rates of climb and
decent, in-ground effect and out-ofground effect hovering ceilings, together
with the corresponding airspeeds and
other pertinent information including
the calculated effects of altitude and
temperatures;
(ii) The maximum weight for each
altitude and temperature condition at
which the rotorcraft can safely hover inground effect and out-of-ground effect in
winds of not less than 17 knots from all
azimuths. These data must be clearly
referenced to the appropriate hover
charts. In addition, if there are other
combinations of weight, altitude and
temperature for which performance
information is provided and at which
the rotorcraft cannot land and takeoff
safely with the maximum wind value,
those portions of the operating envelope
and the appropriate safe wind
conditions must be stated in the
Rotorcraft Flight Manual;
*
*
*
*
*
13. Amend APPENDIX B TO PART
27—AIRWORTHINESS CRITERIA FOR
HELICOPTER INSTRUMENT FLIGHT
by revising paragraphs V(a) and VII(a) to
read as follows:
Appendix B to Part 27—Airworthiness
Criteria for Helicopter Instrument
Flight
sroberts on PROD1PC70 with PROPOSALS
*
*
*
*
*
V. Static lateral-directional stability.
(a) Static directional stability must be
positive throughout the approved ranges of
airspeed, power, and vertical speed. In
straight and steady sideslips up to ±10° from
trim, directional control position must
increase without discontinuity with the angle
of sideslip, except for a small range of
sideslip angles around trim. At greater angles
up to the maximum sideslip angle
appropriate to the type, increased directional
control position must produce an increased
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18:42 Jul 24, 2006
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angle of sideslip. It must be possible to
maintain balanced flight without exceptional
pilot skill or alertness.
*
*
*
*
*
VII. Stability Augmentation System (SAS).
(a) If a SAS is used, the reliability of the
SAS must be related to the effects of its
failure. Any SAS failure that would prevent
continued safe flight and landing must be
extremely improbable. It must be shown that,
for any failure of the SAS that is not shown
to be extremely improbable—
(1) The helicopter is safely controllable
when the failure or malfunction occurs at any
speed or altitude within the approved IFR
operating limitations; and
(2) The overall flight characteristics of the
helicopter allow for prolonged instrument
flight without undue pilot effort. Additional
unrelated probable failures affecting the
control system must be considered. In
addition—
(i) The controllability and maneuverability
requirements in Subpart B of this part must
be met throughout a practical flight envelope;
(ii) The flight control, trim, and dynamic
stability characteristics must not be impaired
below a level needed to allow continued safe
flight and landing; and
(iii) The static longitudinal and static
directional stability requirements of Subpart
B must be met throughout a practical flight
envelope.
*
*
*
*
*
PART 29—AIRWORTHINESS
STANDARDS: TRANSPORT
CATEGORY ROTORCRAFT
14. The authority citation for part 29
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44704.
15. Amend § 29.25 by adding
paragraph (a)(4) to read as follows:
§ 29.25
Weight limits.
(a) * * *
(4) For Category B rotorcraft with 9 or
less passenger seats, the maximum
weight, altitude, and temperature at
which the rotorcraft can safely operate
near the ground with the maximum
wind velocity determined under
§ 29.143(c) and may include other
demonstrated wind velocities and
azimuths. The operating envelopes must
be stated in the Limitations section of
the Rotorcraft Flight Manual.
*
*
*
*
*
16. Amend § 29.143 by revising
paragraph (a)(2)(v); re-designating
paragraphs (d) and (e) as paragraphs (e)
and (f) respectively; revising paragraph
(c); and adding a new paragraph (d) to
read as follows:
§ 29.143 Controllability and
maneuverability.
PO 00000
(a) * * *
(2) * * *
Frm 00011
Fmt 4701
Sfmt 4702
42231
(v) Autorotation; and
*
*
*
*
(c) Wind velocities from zero to at
least 17 knots, from all azimuths, must
be established in which the rotorcraft
can be operated without loss of control
on or near the ground in any manner
appropriate to the type (such as
crosswind takeoffs, sideward flight, and
rearward flight), with—
(1) Critical weight;
(2) Critical center of gravity;
(3) Critical rotor r.p.m.; and
(4) Altitude, from standard sea level
conditions to the maximum takeoff and
landing altitude capability of the
rotorcraft.
(d) Wind velocities from zero to at
least 17 knots, from all azimuths, must
be established in which the rotorcraft
can be operated without loss of control
out-of-ground effect, with—
(1) Weight selected by the applicant;
(2) Critical center of gravity;
(3) Rotor r.p.m. selected by the
applicant; and
(4) Altitude, from standard sea level
conditions to the maximum takeoff and
landing altitude capability of the
rotorcraft.
*
*
*
*
*
17. Amend § 29.173 by removing the
words ‘‘a speed’’ in the two places in
paragraph (a) and adding the words ‘‘an
airspeed’’ in their places; removing
paragraph (c); and revising paragraph (b)
to read as follows:
*
§ 29.173
Static longitudinal stability.
*
*
*
*
*
(b) Throughout the full range of
altitude for which certification is
requested, with the throttle and
collective pitch held constant during the
maneuvers specified in § 29.175(a)
through (d), the slope of the control
position versus airspeed curve must be
positive. However, in limited flight
conditions or modes of operation
determined by the Administrator to be
acceptable, the slope of the control
position versus airspeed curve may be
neutral or negative if the rotorcraft
possesses flight characteristics that
allow the pilot to maintain airspeed
within (5 knots of the desired trim
airspeed without exceptional piloting
skill or alertness.
18. Revise § 29.175 to read as follows:
§ 29.175 Demonstration of static
longitudinal stability.
(a) Climb. Static longitudinal stability
must be shown in the climb condition
at speeds from Vy ¥ 10 kt, to Vy + 10
kt with—
(1) Critical weight;
(2) Critical center of gravity;
(3) Maximum continuous power;
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Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Proposed Rules
(4) The landing gear retracted; and
(5) The rotorcraft trimmed at Vy.
(b) Cruise. Static longitudinal stability
must be shown in the cruise condition
at speeds from 0.8 VNE ¥ 10 kt to 0.8
VNE + 10 kt or, if VH is less than 0.8 VNE,
from VH ¥ 10 kt to VH + 10 kt, with—
(1) Critical weight;
(2) Critical center of gravity;
(3) Power for level flight at 0.8 VNE or
VH, whichever is less;
(4) The landing gear retracted; and
(5) The rotorcraft trimmed at 0.8 VNE
or VH, whichever is less.
(c) VNE . Static longitudinal stability
must be shown at speeds from VNE ¥
20 kt to VNE with—
(1) Critical weight;
(2) Critical center of gravity;
(3) Power required for level flight at
VNE ¥ 10 kt or maximum continuous
power, whichever is less;
(4) The landing gear retracted; and
(5) The rotorcraft trimmed at VNE ¥
10 kt.
(d) Autorotation. Static longitudinal
stability must be shown in autorotation
at—
(1) Airspeeds from the minimum rate
of descent airspeed ¥ 10 kt to the
minimum rate of descent airspeed + 10
kt, with—
(i) Critical weight;
(ii) Critical center of gravity;
(iii) The landing gear extended; and
(iv) The rotorcraft trimmed at the
minimum rate of descent airspeed.
(2) Airspeeds from the best angle-ofglide airspeed ¥ 10kt to the best angleof-glide airspeed + 10kt, with—
(i) Critical weight;
(ii) Critical center of gravity;
(iii) The landing gear retracted; and
(iv) The rotorcraft trimmed at the best
angle-of-glide airspeed.
19. Revise § 29.177 to read as follows:
§ 29.177
Static directional stability.
sroberts on PROD1PC70 with PROPOSALS
(a) The directional controls must
operate in such a manner that the sense
and direction of motion of the rotorcraft
following control displacement are in
the direction of the pedal motion with
throttle and collective controls held
constant at the trim conditions specified
in § 29.175 (a), (b), (c), and (d). Sideslip
angles must increase with steadily
increasing directional control deflection
for sideslip angles up to the lesser of—
(1) ±25 degrees from trim at a speed
of 15 knots less than the speed for
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minimum rate of descent varying
linearly to ±10 degrees from trim at VNE;
(2) The steady-state sideslip angles
established by § 29.351;
(3) A sideslip angle selected by the
applicant, which corresponds to a
sideforce of at least 0.1g; or
(4) The sideslip angle attained by
maximum directional control input.
(b) Sufficient cues must accompany
the sideslip to alert the pilot when
approaching sideslip limits.
(c) During the maneuver specified in
paragraph (a) of this paragraph, the
sideslip angle versus directional control
position curve may have a negative
slope within a small range of angles
around trim, provided the desired
heading can be maintained without
exceptional piloting skill or alertness.
20. Amend § 29.1587 by revising
paragraph (a)(7) and (b)(8) to read as
follows:
§ 29.1587
Performance information.
*
*
*
*
*
(a) * * *
(7) Out-of-ground effect hover
performance determined under § 29.49
and the maximum weight for each
altitude and temperature condition at
which the rotorcraft can safely hover inground effect and out-of-ground effect in
winds of not less than 17 knots from all
azimuths. These data must be clearly
referenced to the appropriate hover
charts.
(b) * * *
(8) Out-of-ground effect hover
performance determined under § 29.49
and the maximum safe wind
demonstrated under the ambient
conditions for data presented. In
addition, the maximum weight for each
altitude and temperature condition at
which the rotorcraft can safely hover inground-effect and out-of-ground-effect
in winds of not less than 17 knots from
all azimuths. These data must be clearly
referenced to the appropriate hover
charts; and
*
*
*
*
*
21. Amend APPENDIX B TO PART
29—AIRWORTHINESS CRITERIA FOR
HELICOPTER INSTRUMENT FLIGHT
by amending paragraph (V)(b) by
removing the word ‘‘cycle’’ and adding
the word ‘‘cyclic’’ in its place; and
revising paragraphs V(a) and VII(a) to
read as follows:
PO 00000
Frm 00012
Fmt 4701
Sfmt 4702
APPENDIX B TO PART 29—
AIRWORTHINESS CRITERIA FOR
HELICOPTER INSTRUMENT FLIGHT
*
*
*
*
*
V. Static lateral directional stability.
(a) Static directional stability must be
positive throughout the approved ranges of
airspeed, power, and vertical speed. In
straight and steady sideslips up to ±10° from
trim, directional control position must
increase without discontinuity with the angle
of sideslip, except for a small range of
sideslip angles around trim. At greater angles
up to the maximum sideslip angle
appropriate to the type, increased directional
control position must produce an increased
angle of sideslip. It must be possible to
maintain balanced flight without exceptional
pilot skill or alertness.
*
*
*
*
*
VII. Stability Augmentation System (SAS).
(a) If a SAS is used, the reliability of the
SAS must be related to the effects of its
failure. Any SAS failure that would prevent
continued safe flight and landing must be
extremely improbable. It must be shown that,
for any failure of the SAS that is not shown
to be extremely improbable—
(1) The helicopter is safely controllable
when the failure or malfunction occurs at any
speed or altitude within the approved IFR
operating limitations; and
(2) The overall flight characteristics of the
helicopter allow for prolonged instrument
flight without undue pilot effort. Additional
unrelated probable failures affecting the
control system must be considered. In
addition—
(i) The controllability and maneuverability
requirements in Subpart B must be met
throughout a practical flight envelope;
(ii) The flight control, trim, and dynamic
stability characteristics must not be impaired
below a level needed to allow continued safe
flight and landing;
(iii) For Category A helicopters, the
dynamic stability requirements of Subpart B
must also be met throughout a practical flight
envelope; and
(iv) The static longitudinal and static
directional stability requirements of Subpart
B must be met throughout a practical flight
envelope.
*
*
*
*
*
Issued in Washington, DC, on July 18,
2006,
Dorenda D. Baker,
Acting Director, Aircraft Certification Service.
[FR Doc. E6–11726 Filed 7–24–06; 8:45 am]
BILLING CODE 4910–13–P
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Agencies
[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Proposed Rules]
[Pages 42222-42232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11726]
[[Page 42221]]
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Part III
Department of Transportation
-----------------------------------------------------------------------
Federal Aviation Administration
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14 CFR Parts 27 and 29
Performance and Handling Qualities Requirements for Rotorcraft;
Proposed Rule
Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 /
Proposed Rules
[[Page 42222]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 27 and 29
[Docket No. FAA-2006-25414; Notice No. 06-11]
RIN 2120-AH87
Performance and Handling Qualities Requirements for Rotorcraft
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA is proposing new and revised airworthiness standards
for normal and transport category rotorcraft due to technological
advances in design and operational trends in normal and transport
rotorcraft performance and handling qualities. The changes would
enhance the safety standards for performance and handling qualities to
reflect the evolution of rotorcraft capabilities.
DATES: Send your comments on or before October 23, 2006.
ADDRESSES: You may send comments [identified by Docket Number FAA-2006-
25414] using any of the following methods:
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
https://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
https://dms.dot.gov at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jeff Trang, Rotorcraft Standards
Staff, Rotorcraft Directorate, ASW-110, Federal Aviation
Administration, Fort Worth, Texas 76193-0110, telephone number (817)
222-5135; facsimile (817) 222-5961, e-mail jeff.trang@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. We ask that you send us two copies of written
comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also review the docket using the
Internet at the web address in the ADDRESSES section.
Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing
the comment on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78) or you may visit
https://dms.dot.gov.
Before acting on this proposal, we will consider all comments we
receive on or before the closing date for comments. We will consider
comments filed late if it is possible to do so without incurring
expense or delay. We may change this proposal in light of the comments
we receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, include with your comments a pre-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it to you.
Proprietary or Confidential Business Information
Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. You must mark the
information that you consider proprietary or confidential. If you send
the information on a disk or CD-ROM, mark the outside of the disk or
CD-ROM and also identify electronically within the disk or CD-ROM the
specific information that is proprietary or confidential.
Under 14 CFR 11.35(b), when we are aware of proprietary information
filed with a comment, we do not place it in the docket. We hold it in a
separate file to which the public does not have access, and place a
note in the docket that we have received it. If we receive a request to
examine or copy this information, we treat it as any other request
under the Freedom of Information Act (5 U.S.C. 552). We process such a
request under the DOT procedures found in 49 CFR part 7.
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (https://dms.dot.gov/search);
(2) Visiting the FAA's Regulations and Policies Web page at https://
www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's Web page at https://
www.gpoaccess.gov/fr/.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements,'' Section 44702, ``Issuance of Certificates,'' and
[[Page 42223]]
Section 44704, ``Type Certificates, production certificates, and
airworthiness certificates.'' Under Section 44701, the FAA is charged
with prescribing regulations and minimum standards for practices,
methods, and procedures the Administrator finds necessary for safety in
air commerce. Under Section 44702, the FAA may issue various
certificates including type certificates, production certificates, air
agency certificates, and airworthiness certificates. Under Section
44704, the FAA shall issue type certificates for aircraft, aircraft
engines, propellers, and specified appliances when the FAA finds that
the product is properly designed and manufactured, performs properly,
and meets the regulations and minimum prescribed standards. This
regulation is within the scope of these authorities because it would
promote safety by updating the existing minimum prescribed standards,
used during the type certification process, to reflect the enhanced
performance and handling quality capabilities of rotorcraft. It would
also harmonize this standard with international standards for
evaluating the performance and handling qualities of normal and
transport category rotorcraft.
Background
Statement of the Problem
Due to technological advances in design and operational trends in
normal and transport rotorcraft performance and handling qualities, the
FAA is proposing new and revised airworthiness standards. Some current
part 27 and 29 regulations do not reflect, in some cases, safety levels
attainable by modern rotorcraft, and FAA-approved equivalent level of
safety findings.
History
It has been more than 20 years since the last major promulgation of
rules that address the performance and handling qualities of rotorcraft
(Amendments 29-24 and 27-21, 49 FR 44433 and 49 FR 44436, November 6,
1984). Since then, the FAA has developed policy and procedures that
address certain aspects of these requirements to make the parts 27 and
29 rules workable within the framework of later rotorcraft designs and
operational needs. In addition, most manufacturers have routinely
exceeded some of the minimum performance requirements in part 27 and 29
of Title 14 of the Code of Federal Regulation (CFR) to meet customer
needs.
After the publication of the first issue of the Joint Aviation
Regulations (JAR) for parts 27 and 29, which closely mirrored 14 CFR
part 29 at amendment 31 and 14 CFR part 27 at amendment 27, the
European Joint Aviation Authorities (JAA) Helicopter Airworthiness
Study Group (HASG) and the FAA agreed to form a specialist subgroup to
review proposals on flight matters that were not incorporated during
promulgation of the JAR. This subgroup consisted of representatives of
the JAA, Association of European des Constructeurs de Material
Aerospatiale (AECMA), Aerospace Industries Association of America
(AIA), and the FAA.
The subgroup first met in January 1994, and presented their
findings to the HASG and the FAA in May 1994. The FAA announced the
formation of the Performance and Handling Qualities Requirements
Harmonization Working Group (PHQHWG) in the Federal Register (60 FR
4220, January 20, 1995) to act on the recommendation presented to the
HASG and the FAA by the specialist subgroup. The PHQHWG was charged
with recommending to the Aviaiton Rulemaking Advisory Committee (ARAC)
new or revised standards for flight-test procedures and requirements.
The PHQHWG was tasked to ``Review Title 14 Code of Federal Regulations
part 27 and Appendix B, and part 29 and Appendix B, and supporting
policy and guidance material for the purpose of determining the course
of action to be taken for rulemaking and/or policy relative to the
issue of harmonizing performance and handling qualities requirements.''
The PHQHWG included representatives that expressed an interest by
responding to the notice the FAA published in the Federal Register. The
PHQHWG included representatives from the AIA, the AECMA, the European
JAA, Transport Canada, and the FAA Rotorcraft Directorate.
Additionally, the PHQHWG consulted representatives from the
manufacturers of small rotorcraft. This broad participation is
consistent with the FAA policy to involve all known interested parties
as early as practicable in the rulemaking process. The PHQHWG first met
in March 1995 and has subsequently met nine times.
General Discussion of the Proposals
Using the report submitted to the HASG as a starting point, the
PHQHWG agreed there was a need to update the rotorcraft performance and
handling qualities standards. As the meetings progressed, the group
evaluated additional internally generated proposals to change the
performance and handling qualities requirements that were believed to
be pertinent to the group's task. These proposals were either accepted
or rejected on their merits and by consensus of the group. The group
also came to a common understanding of some acceptable methods of
compliance for the proposals as well as the current requirements, and
appropriate Advisory Circular material was developed concurrently with
this proposed rule.
There was much discussion in the working group about the evolution
of the Appendix B Instrument Flight Rules (IFR) flight characteristic
requirements. Early IFR helicopters were developed using relatively
simple analog systems consisting primarily of two or three-axis rate
damping with, in some cases, attitude or heading hold features. Today,
there are complex digital automatic flight control systems or flight
management systems available with highly redundant system
architectures. These highly complex systems may have enough redundancy
or compensating features to allow system operating characteristics as
well as acceptable aircraft handling qualities to be maintained in
degraded modes of operation. Due to the difficulty of adequately
addressing all the various elements of these complex systems and the
associated flight characteristics, it was decided not to initiate parts
27 and 29 rulemaking addressing these complex systems at this time, and
that the certification requirements for these types of complex systems
would be handled on a case-by-case basis within the current regulatory
structure.
Section-by-Section Discussion of the Proposals
Section 27.25 Weight Limits
Paragraph (a)(1)(iv) would be added to formalize the equivalent
level of safety findings by establishing a maximum weight limit if the
requirements in Sec. 27.79 or Sec. 27.143(c)(1) cannot be met. Some
recent certifications of part 27 rotorcraft have required placing
weight, altitude, and temperature limitations in the Rotorcraft Flight
Manual (RFM) to achieve an equivalent level of safety with certain
flight requirements. Specifically, the requirement for controllability
near the ground while at maximum weight and 7,000 feet density altitude
and the requirement to establish the height-speed envelope at maximum
weight or the highest weight allowing for hover out-of-ground-effect
(OGE) for altitudes above sea level are considered a minimum level of
safety for normal category rotorcraft. If compliance with these minimum
standards is reached, the resultant data is put in the flight manual as
performance information. In some cases, an equivalent level of safety
[[Page 42224]]
has been attained by prohibiting certain operations and including
limitations in the RFM that reflect the actual capability of the
rotorcraft.
Section 29.25 Weight Limits
Amendments 29-21 (48 FR 4374, January 31, 1983) and 29-24 (49 FR
44422, November 6, 1984) granted relief to certain operating
limitations for Category B certificated rotorcraft with a passenger
seating capacity of nine or less. These amendments stated that, for
these rotorcraft, the hover controllability requirements of Sec.
29.143(c) should not be operating limitations. However, these
amendments did not specifically include language that would assure
appropriate limitations are provided in the RFM. The FAA has determined
that it is necessary to establish appropriate limitations to ensure
safe aircraft operations within the demonstrated performance envelope
of the helicopter. This proposed rule would amend Sec. 29.25 by
requiring that the maximum weights, altitudes, and temperatures
demonstrated for compliance with Sec. 29.143(c), which may also
include limited wind azimuths, become operating limitations.
New Sec. 27.49 Performance at Minimum Operating Speed (Formerly Sec.
27.73)
This proposed rule would redesignate Sec. 27.73 as Sec. 27.49 and
add a requirement to determine the OGE hover performance. Installed
engine power available on normal category helicopters has increased
significantly since the promulgation of the original part 27
requirement, particularly for hot-day and high-altitude conditions. As
a result, OGE helicopter operations once limited to special missions
have become common. Most manufacturers present OGE hover performance
data in approved flight manuals, although these data are not currently
required. This change would mandate the current industry practice and
require that OGE hover data be determined throughout the range of
weights, altitudes, and temperatures.
Section 27.51 Takeoff
The proposed rule would revise the wording of Sec. 27.51 to
recognize that the most critical center-of-gravity (CG) may not be the
extreme forward CG, and would require that tests be performed at the
most critical CG configuration and at the maximum weight for which
takeoff certification is requested. The current standard requires that
tests be performed at the extreme forward CG and at a weight selected
by the applicant for altitudes above sea level. Although for most
rotorcraft the extreme forward CG is most critical, this may not be
true for all rotorcraft, and the proposed language would provide for
such possibilities. This change to Sec. 27.51 more clearly states the
intent of the current rule, which is to demonstrate engine failure
along the takeoff flight path at the weight for which takeoff data are
provided. The requirement to demonstrate safe landings after an engine
failure at any point along the takeoff path up to the maximum takeoff
altitude or 7,000 feet, whichever is less, has been clarified to
explicitly state that the altitudes cited in the requirement are
density altitudes.
Section 27.75 Landing
The proposed rule would revise Sec. 27.75(a) to state the required
flight condition in more traditional rotorcraft terminology. Included
in this revision to Sec. 27.75(a) is the requirement for multi-engine
helicopters to demonstrate landings with one engine inoperative and
initiated from an established approach. The proposed rule would also
make a minor revision in the text of paragraph (a) of this section by
replacing the word ``glide'' with ``autorotation.''
Section 27.79 Limiting Height-Speed Envelope
The proposed rule would revise Sec. 27.79(a)(1) to include the
words ``density altitude'' after ``7000 feet.'' The proposed rule would
also revise Sec. 27.79(a)(2) by removing the word ``lesser'' from the
first sentence. This change reflects that current OGE weights for
helicopters are not necessarily less than the maximum weight at sea
level. Additionally, in Sec. 27.79(b)(2), the term ``greatest power''
is removed and replaced with language that more clearly states the
power to be used on the remaining engine(s) for multi-engine
helicopters. This ``minimum installed specification power'' is the
minimum uninstalled specification engine power after it is corrected
for installation losses. The specific text in the proposed rule of the
ambient conditions that define the engine power to be used during the
compliance demonstration is consistent with existing advisory material
and current industry practice.
Section 27.143 Controllability and Maneuverability
This proposed rule would revise Sec. 27.143(a)(2)(v) to replace
the word ``glide'' with ``autorotation.'' This minor change does not
affect the method of compliance but states the required flight
condition in more traditional rotorcraft terminology.
This proposed rule would re-designate Sec. 27.143(c) paragraphs
(1) through (4). Paragraph (4) would become paragraph (1) and
paragraphs (1), (2), and (3) would become paragraphs (i), (ii), and
(iii). Paragraph (c) in Sec. 27.143 is rewritten to more clearly state
that controllability on or near the ground must be demonstrated
throughout a range of speeds from zero to at least 17 knots. The
current part 27 rule could lead some applicants to conclude that only a
17-knots controllability data point must be considered. That was not
the intent of the current part 27 requirement. The most critical speed
may be less than 17 knots. Additionally, the altitude requirement is
clarified with the addition of the words ``density altitude.''
Section 27.143(c)(2) is revised to require that controllability be
determined at altitudes above 7,000 feet density altitude if takeoff
and landing data are scheduled above that altitude. Currently, no
requirement exists to determine controllability above 7,000 feet, even
though takeoff and landing data may be presented above that altitude.
With the advent of lighter and more powerful engines, it is not
uncommon for rotorcraft to operate at altitudes that, until recently,
were limited to a small number of rotorcraft performing very
specialized operations. Since more rotorcraft are operating at these
altitudes, safety dictates that controllability and maneuverability be
determined above 7,000 feet.
The proposed rule would add Sec. 27.143(d) to require the
determination of controllability for wind velocities from zero to at
least 17 knots OGE at weights selected by the applicant. Operations in
support of law enforcement, search and rescue, and media coverage are
often performed in such a manner that the rotorcraft performance in
rearward or quartering flight is important in accomplishing the
mission. This new requirement in Sec. 27.143(d), in conjunction with
the proposed OGE hover requirement of Sec. 27.49, would increase the
level of safety by requiring additional performance information.
Section 29.143 Controllability and Maneuverability
The proposed rule would revise Sec. 29.143(a)(2)(v) to replace the
word ``glide'' with ``autorotation.'' This minor change does not affect
the method of compliance but states the required flight condition in
more traditional rotorcraft terminology.
Paragraph (c) in section Sec. 29.143 would be rewritten to clarify
that
[[Page 42225]]
controllability on or near the ground must be demonstrated throughout a
range of speeds from zero to at least 17 knots. The current part 29
rule could lead some applicants to the conclusion that only a 17-knot
controllability data point must be considered when, in fact, the most
critical speed may be less than 17 knots. This proposed rule would add
paragraph (c)(4) to Sec. 29.143 to explicitly require that
controllability be determined for wind velocities up to at least 17
knots, at an altitude from standard sea level conditions to the maximum
takeoff and landing altitude capability of the rotorcraft. This
proposed rule reflects current practice.
This proposed rule would add paragraph (d) to Sec. 29.143 to
require that controllability be determined for wind velocities up to at
least 17 knots OGE at weights selected by the applicant. Today,
operations in support of law enforcement, search and rescue, and media
coverage will often be performed in such a manner that the rotorcraft
performance in rearward or quartering flight are of a safety concern.
Sections 27.173 and 29.173 Static Longitudinal Stability
A minor clarification change is proposed to paragraph (a) in
Sec. Sec. 27.173 and 29.173 to change ``a speed'' to ``an airspeed.''
Paragraph (b) would be combined with paragraph (c) in Sec. Sec. 27.173
and 29.173 to allow neutral or negative static stability in limited
areas of the flight envelope, if adequate compensating characteristics
are present and the pilot can maintain airspeed within 5 knots of the
desired trim speed during the conditions specified in Sec. Sec. 27.175
and 29.175.
The ability to maintain appropriate airspeed control during other
flight conditions would be tested under Sec. Sec. 27.143 and 29.143.
Neutral or negative static longitudinal stability in limited flight
domains has been allowed for numerous rotorcraft under equivalent level
of safety findings when adequate compensating features have been
present. The satisfactory experience gained with these equivalent
safety findings has provided the basis for the proposed change.
Historically, these limited flight domains have been encountered at the
aft limit of the weight/CG envelopes during descent, or autorotation,
or climb stability demonstrations. Historically, negative longitudinal
control position gradient versus airspeed has generally been no more
than 2 to 3 percent of the total control travel.
Additionally, these proposals would delete the Sec. Sec. 27.173(c)
and 29.173(c) requirements relating to the hover demonstration
specified in the current Sec. Sec. 27.175(d) and 29.175(d). See
additional discussion at Sec. Sec. 27.175 and 29.175.
Sections 27.175 and 29.175 Demonstration of Static Longitudinal
Stability
The proposals in paragraphs (a) and (b) would decrease the speed
range about the specified trim speeds to more representative values
than are currently contained in the rule. A new paragraph (c) would
require an additional level flight demonstration point. The current
paragraph (c) would be re-designated as paragraph (d), and the current
paragraph (d) containing the hover demonstration would be deleted.
Some current requirements in Sec. Sec. 27.175 and 29.175 are not
appropriate for the newer generation of rotorcraft. When the current
regulation was written, the cruise demonstration of 0.7 VH
to 1.1 VH typically represented approximately a 30 knots
speed variation for helicopters. Now, the cruise demonstration, between
the maximum and the minimum speeds (1.1 VH and 0.7
VH), can encompass such a large speed range that the trim
point and end points actually represent completely different flight
regimes rather than perturbations about a trim point in a given flight
regime. For some modern helicopters with a never-exceed speed
(VNE) in excess of 150 knots, the speed variation for the
cruise demonstration could approach 60 knots, which makes the maneuver
difficult to perform and does not represent a normal variation about a
trim point. These proposals would reduce the speed range for the cruise
demonstration to 10 knots about the specified trim point.
An additional demonstration point at a trim airspeed of
VNE-10 knots is proposed to maintain the data coverage over
a speed range similar to that contained in the current Sec. Sec.
27.175(b) and 29.175(b).
For the demonstration in autorotation, the current requirement
specifies that the rotorcraft be trimmed at speeds found necessary by
the Administrator to demonstrate stability. The proposed rule would
specify typically used trim speeds--minimum rate of descent and best
angle of glide airspeeds--for the stability demonstration. The
conditions required to develop these airspeeds are currently stated in
Sec. Sec. 27.67, 27.71, 29.67 and 29.71. The proposed rule would also
limit the speed range for demonstration to 10 knots from
the trim points. The proposed new trim points and speed ranges may not
encompass VNE in autorotation as explicitly required in
current Sec. Sec. 27.175 and 29.175. The proposed trim points,
however, provide data at the most likely operating conditions.
Autorotation at VNE is typically a transient and dynamic
flight condition that often places high workload demands on the pilot
due primarily to maintaining rotor speed control and the desired flight
path. During these dynamic conditions of autorotation at VNE
that are evaluated under Sec. Sec. 27.143 and 29.143, longitudinal
static stability is less important than in the more stabilized
conditions as proposed.
This proposed rule would delete the hover demonstration
requirements of current Sec. Sec. 27.175(d) and 29.175(d). The
requirement to demonstrate static longitudinal stability in a hover has
been shown to be unnecessary since the proper sense and motion of
controls during hover are evaluated as part of other required tests.
The controllability and maneuverability requirements of Sec. Sec.
27.143(a) and (c) and 29.143(a) and (c) adequately address the safety
considerations during hover flight.
Sections 27.177 and 29.177 Static Directional Stability
This proposed rule would revise Sec. Sec. 27.177 and 29.177 to
change the demonstration criteria for static directional stability. The
current part 27 and 29 rule contains general language and relies
primarily on a pilot's subjective judgment that he is approaching the
sideslip limit, which renders it difficult to make compliance
determinations due to a lack of objective test criteria. The proposals
would provide further objective criteria over which the directional
stability characteristics of rotorcraft are evaluated. The proposed
rule also allows for a minimal amount of negative stability around each
trim point. This recognizes the characteristics exhibited by many
rotorcraft that have some airflow blockage of the vertical fin or tail
rotor at small sideslip angles. This minimal amount of negative
stability does not materially affect the overall safety considerations
of static directional stability.
Section 27.903 Engines
This proposed rule would revise Sec. 27.903 to add a new paragraph
(d) to require engine restart capability. A restart capability is a
fundamental necessity for any aircraft to minimize the risk of a forced
landing. A restart capability will enhance safety, even though it will
not be useful in every case such as when there is engine damage or
insufficient altitude to carry out the restart procedure. A study of
[[Page 42226]]
accident and incident data shows a large number of engine failures or
flameouts on rotorcraft with a restart capability. A number of these
incidents resulted in successful in-flight restarts following failure
due to causes such as snow and ice ingestion, fuel contamination, or
fuel mismanagement. The data related to the accident and incident
engine failures or flameouts are contained in the Docket. The proposed
text, taken directly from current Sec. 29.903(e), would require an in-
flight restart capability for both single-engine and multiengine
rotorcraft. We intend that restart procedures be included in the RFM.
Section 27.1587 Performance Information
Section 27.1587(a) would be revised to include a reference to new
Sec. 27.49. Section 27.1587(a)(2)(i) and (ii) would be revised to
specifically include requirements for presenting maximum safe winds for
OGE operations established in the proposed Sec. 27.143. Section
27.1587(b)(1)(i) and (ii) would be deleted. These two paragraphs were
moved into Sec. 27.1585(a) by Amendment 27-21, and inadvertently left
in from Sec. 27.1587.
Section 29.1587 Performance Information
The proposal to revise Sec. 29.1587 would require new performance
information be included in the RFM. Sections 29.1587(a)(7) and
29.1587(b)(8) would be amended to include the requirements for
presenting maximum safe winds for OGE operations.
Appendix B to Part 27--Airworthiness Criteria for Helicopter Instrument
Flight
The proposed rule would amend paragraph (V)(a) to allow for a
minimal amount of neutral or negative stability around trim and would
replace the words ``in approximately constant proportion'' with
``without discontinuity.'' This is intended to be a more objective
standard that does not allow irregularity in the aircraft response to
control input. Also, this is consistent with the change that is
proposed in Sec. 27.177 of the VFR requirements that proposes more
specific criteria to evaluate stability characteristics, but also
recognizes a minimal amount of negative stability. Additionally, the
proposed paragraph would require that the pilot be able to maintain the
desired heading without exceptional skill or alertness. This proposed
rule would also revise paragraph VII(a)(1) and VII(a)(2). This revision
would reorganize the paragraphs and further specify the standards that
must be met when considering a stability augmentation system failure.
Appendix B to Part 29--Airworthiness Criteria for Helicopter Instrument
Flight
The proposed rule would amend paragraph (V)(a) to allow for a
minimal amount of neutral or negative stability around trim and would
replace the words ``in approximately constant proportion'' with
``without discontinuity.'' This is intended to be a more objective
standard that does not allow irregularity in the aircraft response to
control input. Also, this is consistent with the change that is
proposed in Sec. 29.177 of the VFR requirements that proposes more
specific criteria to evaluate stability characteristics, but also
recognizes a minimal amount of negative stability. Additionally, the
proposed paragraph would require that the pilot be able to maintain the
desired heading without exceptional skill or alertness. Lastly, in
paragraph (V)(b)--the word ``cycle'' is replaced by the correct word,
``cyclic.''
This proposed rule would revise paragraphs VII(a)(1) and VII(a)(2).
This change would reorganize the paragraphs and further specify the
standards that must be met when considering a stability augmentation
system failure.
Paperwork Reduction Act
This proposal contains the following new information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the FAA has submitted the information requirements
associated with this proposal to the Office of Management and Budget
for review.
Title: Performance and Handling Qualities Requirements for
Rotorcraft.
Summary: This proposal would revise the airworthiness standards for
normal and transport category rotorcraft performance and handling
qualities. This proposal would increase the current minimum safety
standards to require compliance with certain current industry practices
and FAA policies that result in higher safety standards, and would
result in harmonized international standards. Proposed Sec. Sec.
27.49(a)(3) and 27.143(d) require all applicants seeking certification
for a normal category rotorcraft to determine out-of-ground effect
performance data, and the proposed Sec. 27.1587 requires that
performance data be provided to operators in the RFM that must be
furnished with each rotorcraft. For those applicants seeking
certification for a transport category rotorcraft, proposed Sec.
29.143(d) requires that they determine additional out-of-ground effect
performance data. Proposed Sec. 29.1587 requires that performance
data, in addition to current Sec. 29.49 and other data, be provided to
operators in the RFM.
Use of: The required performance information would be determined
during the certification process for various rotorcraft weights,
altitudes, and temperatures and would be collected from rotorcraft
certification applicants. This performance information would be
inserted into the RFM and used by rotorcraft operators to determine
whether their rotorcraft was capable of performing certain missions in
their operating environment.
Respondents (including number of): We anticipate an average of 4
normal or transport category rotorcraft certification applicants every
10 years would be required to determine this performance information
and provide it to operators in each RFM. We anticipate 50 rotorcraft
are delivered for each new certification and a RFM must be furnished
with each rotorcraft.
Frequency: The frequency of determining the performance data would
depend on how often an applicant seeks the certification of a
rotorcraft. We anticipate four new rotorcraft certifications each 10
years. This performance data would be provided when the manufacturer
delivers each rotorcraft to an operator. Based on industry responses,
we anticipate 50 rotorcraft are delivered per certification, resulting
in 50 manuals.
Annual Burden Estimate: The performance data must be collected
during each certification and disclosed in each RFM. Based on industry
response, we anticipate that it would take 20 hours at $100 per hour to
collect the performance data for four certifications every 10 years for
an annual collection burden of $200.00 ($100 * (20/10)). We further
anticipate 2 additional pages would be required to place the data in
the RFM. We estimate an annual paperwork burden of 120 pages with an
annual reproduction cost of $6.00. Therefore, the estimated total
annual cost burden of the additional paperwork for this proposed rule
would be $206.00.
The agency is soliciting comments to--
(1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden;
[[Page 42227]]
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
Individuals and organizations may submit comments on the
information collection requirement by September 25, 2006, and should
direct them to the address listed in the ADDRESSES section of this
document. Comments also should be submitted to the Office of
Information and Regulatory Affairs, OMB, New Executive Building, Room
10202, 725 17th Street, NW., Washington, DC 20053, Attention: Desk
Officer for FAA.
According to the 1995 amendments to the Paperwork Reduction Act (5
CFR 1320.8(b)(3)(vi)), an agency may not collect or sponsor the
collection of information, nor may it impose an information collection
requirement unless it displays a currently valid OMB control number.
The OMB control number for this information collection will be
published in the Federal Register, after the Office of Management and
Budget approves it.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no ``differences'' with these proposed regulations.
Executive Order 12866, DOT Regulatory Policies and Procedures, Economic
Assessment, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule. We suggest readers seeking
greater detail read the full regulatory evaluation, a copy of which we
have placed in the docket for this rulemaking.
In conducting these analyses, FAA has determined that this proposed
rule: (1) Has benefits that justify its costs, (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, (3) is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) would not have a
significant economic impact on a substantial number of small entities;
(5) would not have a significant effect on international trade; and (6)
would not impose an unfunded mandate on state, local, or tribal
governments, or on the private sector by exceeding the threshold
identified above. These analyses are summarized below.
Total Benefits and Costs of This Rulemaking
The estimated cost of this proposed rule is about $558,250
($364,955 in present value). The estimated potential benefits of
avoiding at least one helicopter accident are about $3.9 million ($2.7
million in present value).
Who is Potentially Affected by This Rulemaking
Operators of U.S.-registered part 27 or 29 rotorcraft, and
Manufacturers of those rotorcraft.
Our Cost Assumptions and Sources of Information
Discount rate--7%.
Period of analysis--10 years.\1\
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\1\ The 10-year analysis period covers our assumption that
manufacturers will seek new certification for one large and one
small part 27 and two large part 29 rotorcraft.
---------------------------------------------------------------------------
Value of fatality avoided--$3.0 million (Source:
``Economic Values for FAA Investment & Regulatory Decisions,'' (March
2004)).
Benefits of This Rulemaking
The benefits of this NPRM consist of the value of lives and
property saved due to avoiding accidents involving part 27 or part 29
rotorcraft. Over the 10-year period of analysis, the potential benefit
of the NPRM would be at least $3.9 million ($2.7 million in present
value) by preventing one accident.
Costs of This Rulemaking
We estimate the costs of this proposed rule to be about $558,250
($364,955 in present value) over the 10-year analysis period.
Manufacturers of 14 CFR part 27 helicopters would incur costs of
$383,250 ($234,039 in present value) and manufacturers of 14 CFR part
29 helicopters would incur costs of $175,000 ($130,916 in present
value).
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objective of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the business, organizations, and governmental jurisdictions subject
to regulation.'' To achieve that principle, the RFA requires agencies
to consider flexible regulatory proposals, to explain the rationale for
their actions, and to solicit comments. The RFA covers a wide-range of
small entities, including small businesses, not-for-profit
organizations and small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the 1980 RFA provides that
the head of the agency may so certify and a regulatory flexibility
analysis is not required. The certification must include a statement
providing the factual basis for this determination, and the reasoning
should be clear.
We use the Small Business Administration (SBA) guideline of 1,500
employees or less per firm as the criterion for the determination of a
[[Page 42228]]
small business in commercial air service.\2\
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\2\ 13 CFR part 121.201, Size Standards Used to Define Small
Business Concerns, Section 48-49 Transportation, Subsector 481 Air
Transportation.
---------------------------------------------------------------------------
In order to determine if the proposed rule will have a significant
economic impact on a substantial number of small entities, a list of
all U.S. rotorcraft manufacturers, who must meet normal and transport
category rotorcraft airworthy standards under 14 CFR parts 27 and 29,
was tabulated.
Using information provided by three sources: The World Aviation
Directory, Dunn and Bradstreet's company databases, and SEC filings
through the Internet, we examined the publicly available revenue and
employment of all these businesses, after eliminating those with more
than 1,500 employees and subsidiaries of larger businesses. An example
of a subsidiary business is Bell Helicopter, which is a subsidiary of
Textron, Inc.
This methodology resulted in the following list of 6 U.S. part 27
rotorcraft manufactures with less than 1,500 employees. None of the
part 29 rotorcraft manufacturers has 1,500 or fewer employees.
------------------------------------------------------------------------
U.S. rotorcraft manufactures Employment
------------------------------------------------------------------------
Hiller Aircraft Corp.................................... 35
Brantly Helicopter Industry............................. 35
Enstrom Helicopter Corporation.......................... 100
Schweizer Aircraft Corporation.......................... 400
Erickson Air-Crane...................................... 500
Robinson Helicopter Company, Inc........................ 700
------------------------------------------------------------------------
The FAA expects that one large firm and one small firm will seek
certification of a new part 27 normal category rotorcraft over the next
ten years. Although most of the proposed requirements intended to
revise the flight certification requirements are current industry
standard and support new FAA rotorcraft policy, some will increase
costs, while some will decrease costs. Sections 27.49, 27.143, 29.143,
27.175, 29.175, 27.177, and 27.903 will increase costs by requiring
manufacturers to add additional data and testing procedures to the
Rotorcraft Flight Manual (RFM). Sections 27.173 and 29.173 on static
longitudinal stability would be cost relieving to the manufactures
because they delete hover demonstrations not relevant to safety and are
redundant with other requirements. We estimate the average compliance
costs for such a small firm to be $84,500 as follows:
Compliance Costs
------------------------------------------------------------------------
Section Cost
------------------------------------------------------------------------
27.49................................................... $21,125
27.143.................................................. 26,000
27.173.................................................. (13,000)
27.175.................................................. 3,250
27.177.................................................. 17,875
27.903.................................................. 16,250
---------------
Total............................................... 84,500
------------------------------------------------------------------------
The annualized cost for this small operator is estimated at $12,030
($84,500 X 0.142378).\3\
---------------------------------------------------------------------------
\3\ Uniform Annual Value discounted at 7% over 10-year period.
---------------------------------------------------------------------------
The degree to which a small rotorcraft manufacturer can ``afford''
the cost of compliance is determined by the availability of financial
resources. The initial implementation costs of the proposed rule may
come from either cash flow or be borrowed. As a proxy for the firm's
ability to afford the cost of compliance, we calculated the ratio of
the total annualized cost of the proposed rule as a percentage of
annual revenue. None of the small business operators potentially
affected by this proposed rule would incurred costs greater that 0.2
percent of their annual revenue (see table below).
----------------------------------------------------------------------------------------------------------------
Annual
U.S. rotorcraft manufactures Employment revenue Percentage
----------------------------------------------------------------------------------------------------------------
Hiller Aircraft Corp............................................ 35 $7,500,000 0.16
Brantly Helicopter Industry..................................... 35 15,000,000 0.08
Enstrom Helicopter Corporation.................................. 100 35,000,000 0.03
Schweizer Aircraft Corporation.................................. 400 35,000,000 0.03
Erickson Air-Crane.............................................. 500 35,000,000 0.03
Robinson Helicopter Company, Inc................................ 700 80,000,000 0.02
----------------------------------------------------------------------------------------------------------------
As we expect only one of these companies to certificate a new
rotorcraft in the next 10 years, only one would incur compliance costs.
We estimated this compliance cost would be less that 0.2 percent of
their total annual revenue.
Thus, we determined that no small entity would incur a substantial
economic impact in the form of higher annual costs as a result of this
proposed rule. Therefore, the FAA certifies that this proposal would
not have a significant economic impact on a substantial number of small
entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. This proposed rule reflects an
international effort to have common certification standards, and thus
is in accord with the Trade Agreements Act.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $120.7 million in lieu of $100 million. This proposed rule does not
contain such a mandate. The requirements of Title II do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action would not
[[Page 42229]]
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,
and therefore would not have federalism implications.
Regulations Affecting Intrastate Aviation in Alaska
Section 1205 of the FAA Reauthorization Act of 1996 (codified at 49
U.S.C. 40113(f)) requires the Administrator, when modifying regulations
in title 14 of the CFR in a manner affecting intrastate aviation in
Alaska, to consider the extent to which Alaska is not served by
transportation modes other than aviation, and to establish such
regulatory distinctions as he or she considers appropriate. Because
this proposed rule would apply to the certification of future designs
of normal and transport category rotorcraft and their subsequent
operation, it could, if adopted, affect intrastate aviation in Alaska.
The FAA therefore specifically requests comments on whether there is
justification for applying the proposed rule differently in intrastate
operations in Alaska.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312f and involves no
extraordinary circumstances.
Regulations that Significantly Affect Energy Supply, Distribution, or
Use
The energy impact of the proposed rule has been assessed in
accordance with the Energy Policy and Conservation Act (EPCA) Public
Law 94-163, as amended (42 U.S.C. 6362) and the Department of
Transportation implementing regulations, specifically 14 CFR 313.4,
that defines a ``major regulatory action.'' We have determined that
this notice is not a ``major regulatory action'' under the provisions
of the EPCA. Additionally, we have analyzed this proposal under
Executive Order 13211, Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use (May 18,
2001).
We have determined that this proposed rule is not a ``significant
energy action'' under the executive order because it is not a
``significant regulatory action'' under Executive Order 12866, and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
List of Subjects
14 CFR Part 27
Air transportation, Aircraft, Aviation safety, Rotorcraft, Safety.
14 CFR Part 29
Air transportation, Aircraft, Aviation safety, Rotorcraft, Safety.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend parts 27 and 29 of Title 14, Code of
Federal Regulations, as follows:
PART 27--AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT
1. The authority citation for part 27 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.
2. Amend Sec. 27.25 by adding the word ``weight'' after the word
``maximum'' and removing the word ``or'' at the end of the sentence in
paragraph (a)(1)(ii); removing the word ``and'' and adding the word
``or'' in its place in paragraph (a)(1)(iii); and by adding paragraph
(a)(1)(iv) to read as follows:
Sec. 27.25 Weight limits.
(a) * * *
(1) * * *
(iv) The highest weight in which the provisions of Sec. Sec. 27.79
or 27.143(c)(1), or combinations thereof, are demonstrated if the
weights and operating conditions (altitude and temperature) prescribed
by those requirements cannot be met; and
* * * * *
3. Re-designate Sec. 27.73 as new Sec. 27.49 and revise to read
as follows:
Sec. 27.49 Performance at minimum operating speed.
(a) For helicopters--
(1) The hovering ceiling must be determined over the ranges of
weight, altitude, and temperature for which certification is requested,
with--
(i) Takeoff power;
(ii) The landing gear extended; and
(iii) The helicopter in-ground effect at a height consistent with
normal takeoff procedures; and
(2) The hovering ceiling determined under paragraph (a)(1) of this
section must be at least--
(i) For reciprocating engine powered helicopters, 4,000 feet at
maximum weight with a standard atmosphere; or
(ii) For turbine engine powered helicopters, 2,500 feet pressure
altitude at maximum weight at a temperature of standard plus 22 [deg]C
(standard plus 40 [deg]F).
(3) The out-of-ground effect hovering performance must be
determined over the ranges of weight, altitude, and temperature for
which certification is requested, using takeoff power.
(b) For rotorcraft other than helicopters, the steady rate of climb
at the minimum operating speed must be determined over the ranges of
weight, altitude, and temperature for which certification is requested,
with--
(1) Takeoff power; and
(2) The landing gear extended.
4. Revise Sec. 27.51 to read as follows:
Sec. 27.51 Takeoff.
The takeoff, with takeoff power and r.p.m. at the most critical
center of gravity, and with weight from the maximum weight at sea level
to the weight for which takeoff certification is requested for each
altitude covered by this section--
(a) May not require exceptional piloting skill or exceptionally
favorable conditions throughout the ranges of altitude from standard
sea level conditions to the maximum altitude for which takeoff and
landing certification is requested, and
(b) Must be made in such a manner that a landing can be made safely
at any point along the flight path if an engine fails. This must be
demonstrated up to the maximum altitude for which takeoff and landing
certification is requested or 7,000 feet density altitude, whichever is
less.
5. Revise Sec. 27.75(a) to read as follows:
Sec. 27.75 Landing.
(a) The rotorcraft must be able to be landed with no excessive
vertical acceleration, no tendency to bounce, nose over, ground loop,
porpoise, or water loop, and without exceptional piloting skill or
exceptionally favorable conditions, with--
(1) Approach or autorotation speeds appropriate to the type of
rotorcraft and selected by the applicant;
(2) The approach and landing made with--
(i) Power off, for single engine rotorcraft and entered from steady
state autorotation; or
(ii) One-engine inoperative (OEI) for multiengine rotorcraft, with
each operating engine within approved operating limitations, and
entered from an established OEI approach.
* * * * *
6. Amend Sec. 27.79 by removing the word ``rotocraft'' and
replacing it with
[[Page 42230]]
``rotorcraft'' in paragraph (b)(3) and revising paragraphs (a)(1),
(a)(2) and (b)(2) to read as follows:
Sec. 27.79 Limiting height-speed envelope.
(a) * * *
(1) Altitude, from standard sea level conditions to the maximum
altitude capability of the rotorcraft, or 7000 feet density altitude,
whichever is less; and
(2) Weight, from the maximum weight at sea level to the weight
selected by the applicant for each altitude covered by paragraph (a)(1)
of this section. For helicopters, the weight at altitudes above sea
level may not be less than the maximum weight or the highest weight
allowing hovering out-of-ground effect, whichever is lower.
(b) * * *
(2) For multiengine helicopters, OEI (where engine isolation
features ensure continued operation of the remaining engines), and the
remaining engine(s) within approved limits and at the minimum installed
specification power available for the most critical combination of
approved ambient temperature and pressure altitude resulting in 7000
feet density altitude or the maximum altitude capability of the
helicopter, whichever is less, and
* * * * *
7. Amend Sec. 27.143 by revising paragraph (a)(2)(v); re-
designating paragraphs (d) and (e) as paragraphs (e) and (f)
respectively; revising paragraph (c); and adding a new paragraph (d) to
read as follows:
Sec. 27.143 Controllability and maneuverability.
(a) * * *
(2) * * *
(v) Autorotation;
* * * * *
(c) Wind velocities from zero to at least 17 knots, from all
azimuths, must be established in which the rotorcraft can be operated
without loss of control on or near the ground in any maneuver
appropriate to the type (such as crosswind takeoffs, sideward flight,
and rearward flight)--
(1) With altitude, from standard sea level conditions to the
maximum takeoff and landing altitude capability of the rotorcraft or
7000 feet density altitude, whichever is less; with:
(i) Critical Weight;
(ii) Critical center of gravity;
(iii) Critical rotor r.p.m.;
(2) For takeoff and landing altitudes above 7000 feet density
altitude with--
(i) Weight selected by the applicant;
(ii) Critical center of gravity; and
(iii) Critical rotor r.p.m.
(d) Wind velocities from zero to at least 17 knots, from all
azimuths, must be established in which the rotorcraft can be operated
without loss of control out-of-ground-effect, with--
(1) Weight selected by the applicant;
(2) Critical center of gravity;
(3) Rotor r.p.m. selected by the applicant; and
(4) Altitude, from standard sea level conditions to the maximum
takeoff and landing altitude capability of the rotorcraft.
* * * * *
8. Amend Sec. 27.173 by removing the words ``a speed'' in the two
places in paragraph (a) and adding the words ``an airspeed'' in both
their places; removing paragraph (c); and revising paragraph (b) to
read as follows:
Sec. 27.173 Static longitudinal stability.
* * * * *
(b) Throughout the full range of altitude for which certification
is requested, with the throttle and collective pitch held constant
during the maneuvers specified in Sec. 27.175(a) through (d), the
slope of the control position versus airspeed curve must be positive.
However, in limited flight conditions or modes of operation determined
by the Administrator to be acceptable, the slope of the control
position versus airspeed curve may be neutral or negative if the
rotorcraft possesses flight characteristics that allow the pilot to
maintain airspeed within 5 knots of the desired trim
airspeed without exceptional piloting skill or alertness.
9. Amend Sec. 27.175 by removing paragraph (d); revising the
introductory text in paragraphs (a) and (b); revising paragraphs (b)(3)
and (b)(5); re-designating paragraph (c) as (d) and revising re-
designated paragraph (d); and adding a new paragraph (c) to read as
follows:
Sec. 27.175 Demonstration of static longitudinal stability.
(a) Climb. Static longitudinal stability must be shown in the climb
condition at speeds from Vy - 10 kt, to Vy + 10 kt with--
* * * * *
(b) Cruise. Static longitudinal stability must be shown in the
cruise condition at speeds from 0.8 VNE - 10 kt to 0.8
VNE + 10 kt or, if VH is less than 0.8
VNE, from VH -10 kt to VH + 10 kt,
with--
* * * * *
(3) Power for level flight at 0.8 VNE or VH,
whichever is less;
* * * * *
(5) The rotorcraft trimmed at 0.8 VNE or VH,
whichever is less.
(c) VNE. Static longitudinal stability must be shown at
speeds from VNE - 20 kt to VNE with--
(1) Critical weight;
(2) Critical center of gravity;
(3) Power required for level flight at VNE - 10 kt or
maximum continuous power, whichever is less;
(4) The landing gear retracted; and
(5) The rotorcraft trimmed at VNE - 10 kt.
(d) Autorotation. Static longitudinal stability must be shown in
autorotation at--
(1) Airspeeds from the minimum rate of descent airspeed - 10 kt to
the minimum rate of descent airspeed + 10 kt, with--
(i) Critical weight;
(ii) Critical center of gravity;
(i