[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Rules and Regulations]
[Pages 11254-11257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4967]
[[Page 11253]]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 61
Robinson R-22/R-44 Special Training and Experience Requirements; Final
Rule
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules
and Regulations
[[Page 11254]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. 28095; SFAR No. 73]
RIN 2120-AF66
Robinson R-22/R-44 Special Training and Experience Requirements
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; Request for comments.
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SUMMARY: This Special Federal Aviation Regulation (SFAR) establishes
special training and experience requirements for pilots operating the
Robinson model R-22 or R-44 helicopters to maintain safe operation of
Robinson helicopters. It also establishes special training and
experience requirements for certified flight instructors conducting
student instruction or flight reviews. The FAA has determined this
emergency SFAR is needed to respond to the number of accidents
involving the Robinson model R-22 and R-44 helicopters. The intended
effect of this emergency action is to increase awareness of and
training for the potential hazards of particular flight operations in
the Robinson helicopters.
DATES: This final rule is effective March 27, 1995. This final rule
expires December 31, 1997. Comments must be received by May 30, 1995.
ADDRESSES: Comments should be submitted in triplicate to Federal
Aviation Administration, Office of the Chief Counsel, Attn: Rules
Docket (AGC-200), Docket No. 28095, 800 Independence Avenue, SW.,
Washington, DC 20591.
FOR FURTHER INFORMATION CONTACT:
Robert J. O'Haver, Operations Branch, AFS-820, General Aviation and
Commercial Division, 800 Independence Ave. SW., Washington, DC 20591;
Telephone: (202) 267-7031.
SUPPLEMENTARY INFORMATION:
Comments Invited
All interested persons are invited to comment on this SFAR by
submitting such written data, views, or arguments as they may desire,
including comments relating to the environmental, energy, or economic
impacts. Communications should identify the regulatory docket or SFAR
number, and be submitted in triplicate to the Federal Aviation
Administration, Office of the Chief Counsel, Attn: Rules Docket (AGC-
200), Docket No. 28095, 800 Independence Ave., Washington, DC 20591.
All communications received will be considered by the Administrator.
The rules in this SFAR may be changed as a result of comments received
from the public. All comments submitted will be available for
examination in the Rules Docket in Room 915-G of the FAA Building, 800
Independence Ave., Washington, DC 20591. Persons wishing to have the
FAA acknowledge receipt of their comments must submit a self-addressed,
stamped postcard with the following statement: ``Comments to Docket
Number 28095.'' The postcard will then be dated, time stamped, and
returned by the FAA.
Availability of This SFAR
Any person may obtain a copy of this SFAR by submitting a request
to the FAA, Office of Public Affairs, ATTN: APA-200, 800 Independence
Avenue, SW., Washington, D.C. 20591, or by calling the Office of Public
Affairs at (202) 267-3484. Persons wanting a copy of this SFAR must
identify the SFAR by asking for ``Docket No. 28095; Robinson R-22/R-44
Special Training and Experience Requirements Final Rule.''
Persons interested in being placed on a mailing list for future
notices should request a copy of Advisory Circular 11-2A, Notice of
Proposed Rulemaking Distribution System, which describes the
application procedure.
Background
Part 61 of Title 14 of the Code of Federal Regulations (14 CFR part
61) details the certification requirements for pilots and flight
instructors. Particular requirements for pilots and flight instructors
in rotorcraft are found in Subparts C through G, and Appendix B of part
61. These requirements do not address any specific type or model of
rotorcraft. However, the FAA has determined that specific training and
experience requirements are necessary for the safe operation of
Robinson R-22 and R-44 model helicopters.
The R-22 is a 2-seat, reciprocating engine-powered helicopter that
is frequently used as low-cost initial student training aircraft. The
R-44 is a 4-seat helicopter with similar operating characteristics and
design features of the R-22. The R-22 is the smallest helicopter in its
class and incorporates a unique cyclic control and rotor system.
Certain aerodynamic and design features of the aircraft cause specific
flight characteristics that require particular pilot awareness and
responsiveness.
Currently, there are 855 registered R-22's and three R-44's in the
United States. Since the R-22 was certificated, there have been 339
accidents in the U.S. involving R-22's. The FAA found that the R-22 met
14 CFR part 27 certification requirements and issued a type certificate
in 1979; however, the R-22 has had a high number of fatal accidents due
to main rotor/airframe contact when compared to other piston powered
helicopters. Many of these accidents have been attributed to pilot
performance or inexperience, leading to low rotor revolutions per
minute (RPM) or low ``G'' conditions that resulted in mast bumping or
main rotor-airframe contact accidents. Its small size and relatively
low operating costs result in its use as a training or small utility
aircraft, and its operation by a significant population of relatively
inexperienced helicopter pilots.
In its analysis of accident data, the FAA has found that apparently
qualified pilots may not be properly prepared to safely operate the R-
22 and R-44 helicopters in certain flight conditions. The FAA has
determined that additional specific pilot training is necessary for
safe operation of these helicopters as part of a comprehensive program
that responds to the high number of accidents involving these
helicopters. Other elements of this program include addressing design
and operational issues, cited by the National Transportation Safety
Board (NTSB), that may have been contributing factors in some of the
accidents.
In addition to the specific pilot training and experience
requirements recommended by a R-22 and R-44 Flight Standardization
Board established on January 8, 1995, and the subject of this SFAR, the
FAA has taken several other actions to alert pilots and owners to the
hazards of these helicopters. Individual notice to every certificated
rotorcraft pilot, including all rotorcraft certified flight instructors
who instruct in these helicopters, was given by the FAA when it issued
the Special Airworthiness Alert No. ASW-95-01 on January 10, 1995. This
alert, provided specific guidance in avoiding and dealing with low
rotor RPM and low G conditions. This guidance was made mandatory when
the FAA issued to all owners of these helicopters Airworthiness
Directives Nos. 95-02-03 and 95-02-04 on January 12, 1995, which
amended these helicopters' operating envelope by limiting operations in
certain atmospheric conditions, such as turbulence, and reduced
operating speed in turbulent conditions to avoid the situations
described in the Alert. Finally, the FAA is undertaking an aggressive
engineering and design review of these helicopters and their operations
as well as [[Page 11255]] evaluating potential design improvement for
the Robinson helicopters.
Discussion
The FAA has determined, after reviewing the NTSB accident reports
of 30 fatal accidents since 1982 in which main rotor/airframe contact
occurred, that certain flight maneuvers caused, or contributed to, the
accidents. In four recent R-22 and R-44 accidents, main rotor/airframe
contact occurred while the helicopters were apparently well within the
aircraft's defined operating envelope. Although the pilots assumed to
be operating the flight controls at the time of the accidents had
little experience, the investigations found no evidence that the pilots
were improperly operating the helicopters.
There is a clear relationship between pilot inexperience in the R-
22 and R-44 helicopters and main rotor/airframe contact accidents. An
analysis of this type of accident, indicates that in 23 of the 30 fatal
accidents, the pilot apparently manipulating the controls had less than
200 flight hours in helicopters or less than 50 flight hours in the
model of Robinson helicopter they were operating. It appears that
pilots with more than a minimal level of experience are more likely to
recognize situations that would cause this type of accident. However,
the FAA has determined that all pilots, regardless of their level of
experience, need to have a greater awareness of the flight conditions
that have led to these accidents and a capability to respond
appropriately when those conditions are encountered. Accordingly, the
agency is initiating a two-fold program, including ground and flight
training. For pilots that have 200 flight hours in helicopters and at
least 50 hours in either the R22 or R44 Robinson helicopter, as
appropriate, flight training would not be required because of their
overall experience, and their specific experience in the Robinson
helicopter. For rated pilots who do not have this experience and
students pilots, there are specific flight training requirements. In
both cases, the intent is to ensure that the pilots, either through
accumulated experience or flight training, have the skills necessary to
avoid, as well as react to, situations that can cause main rotor/
airframe contact. While experience is beneficial in avoiding this type
of accident, the FAA believes that there is a need for all pilots
operating the Robinson helicopters to be aware of certain
characteristics associated with the Robinson R22 and R44 helicopter.
For this reason, the FAA is imposing an awareness training requirement
on all individuals operating Robinson R22 and R44 aircraft.
In addition, the FAA is requiring that any pilot operating a
Robinson R22 helicopter, as pilot in command, to complete future flight
review requirements of Part 61 in the R22. A separate flight review is
required for the R-44. Pilots with less experience (i.e. those with
less than 200 flight hours in helicopters and at least 50 hours in the
model of Robinson helicopters) are required to complete an annual
flight review. Similarly, the pilot in command currency requirements of
Part 61 must be met in the particular model Robinson helicopter. The
purpose of these provisions is to ensure persons operating Robinson R22
and R44 maintain proficiency and competency over time.
Finally, the SFAR establishes criteria for flight instructor who
wish to continue to instruct or conduct flight reviews in a Robinson
helicopter. These criteria are established to insure that the
instructors are knowledgeable and competent to conduct the awareness
and flight training. This SFAR requires that each individual who
receives awareness training or flight training obtain an endorsement in
that individuals logbook from a CFI who has met the criteria.
The FAA has determined that the provisions of this SFAR for
requiring student pilots, pilots, and flight instructors to undergo
special awareness training, additional recency of experience
requirements, and the additional aeronautical flight experience above
the current requirements in Part 61 will provide for safe operation of
the Robinson R-22 and R-44 helicopters.
The FAA has determined that prompt action regarding these
helicopters is necessary, and therefore that notice and comment
concerning this rule is not in the public interest. The additional
training prescribed in the rule should be taken as rapidly as possible.
Nonetheless, the FAA believes that adherence to the Alert and
Airworthiness Directives noted above, together with appropriate caution
in operating these aircraft, will provide for safe operations for the
next 30 days until this SFAR takes effect. No additional extension of
this 30 day period is anticipated, however.
Ongoing FAA Actions
The rule expires on December 31, 1997, but may be terminated sooner
or extended through the publication of notice, comment and final rule
action if circumstances so warrant. This action is one of several on-
going actions related to the Robinson helicopters. The FAA may take
additional actions or modify these actions already taken as a result of
further study or comments received concerning this rule.
Regulatory Evaluation Summary
Proposed 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 requires agencies
to analyze the economic effect or regulatory changes on small entities.
Third, the Office of Management of Budget (OMB) directs agencies to
assess the effect of regulatory changes on international trade.
However, OMB may exempt classes of regulations from the Executive
Order's requirements, in addition to those explicitly exempt, such as
rules unlikely to involve significant policy issues for which even a
brief delay could impose significant costs. In addition, DOT Order
2100.5 ``Policies and Procedures for Simplification, Analysis, and
Review of Regulations'' states that an emergency regulation that
overwise would be nonsignificant is excepted from the requirements for
any Evaluation. Thus, because of the emergency nature of this SFAR, the
FAA has not prepared a full regulatory evaluation.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily or
disproportionately burdened by Federal regulations. The RFA requires a
Regulatory Flexibility Analysis if a rule will have a significant
economic impact on a substantial number of small entities. FAA Order
2100.14A, Regulatory Flexibility Criteria and Guidance, provides
threshold cost and small entity size standards for complying with RFA
review requirements in FAA rulemaking actions. Small entities are
independently owned and operated small businesses and small not-for-
profit organizations. A substantial number of small entities is defined
as a number that is 11 or more and which is more than one-third of the
small entities subject to this rule. The FAA has determined that this
rule will not result in a significant economic impact, either
detrimental or beneficial, on a substantial number of small entities,
however, the public is invited to comment on this determination
particularly with respect to the number [[Page 11256]] of small
entities that will be affected and the cost impact on those small
entities.
International Trade Impact Assessment
The FAA has determined that this SFAR will not constitute barriers
to international trade, including the export of American goods and
services to foreign countries and barriers affecting the import of
foreign goods and services into the United States.
Good Cause Justification for Immediate Adoption
Because of the emergency nature of this rulemaking and because of
the reasons stated above, the FAA finds that notice and public comment
under 5 U.S.C. 553(b) are impracticable and contrary to the public
interest.
Paperwork Reduction Act
This SFAR contains no information collection requests requiring
approval of the Office of Management and Budget pursuant to the
Paperwork Reduction Act (44 U.S.C. 3507 et seq.).
Federalism Implications
The SFAR adopted herein will not have substantial direct effects on
the states, on the relationship between the Federal government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12866, it is determined that this SFAR does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
International Civil Aviation Organization (ICAO) and Joint Aviation
Regulations
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA has determined that this SFAR does not conflict with any
international agreement of the United States.
Conclusion
For the reasons previously discussed in the preamble, the FAA has
determined that this SFAR is not significant under Executive Order
12866. The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to address an unsafe
condition. Based on the findings in the Regulatory Flexibility
Determination and the International Trade Impact Analysis, the FAA
certifies that this SFAR will not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. This SFAR is not
considered significant under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979).
List of Subjects in 14 CFR Part 61
Aircraft, Aircraft pilots, Airmen, Airplanes, Air safety, Air
transportation, Aviation safety, Balloons, Helicopters, Rotorcraft,
Students.
The Rule
In consideration of the foregoing, the Federal Aviation
Administration amends part 61 of Title 14 of the Code of Federal
Regulations (14 CFR part 61) as follows:
PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. app. 1354(a), 1355, 1421, 1422, and 1427;
49 U.S.C. 106(g).
2. By adding Special Federal Aviation Regulation (SFAR) No. 73 to
part 61 to read as follows:
Special Federal Aviation Regulations
* * * * *
SFAR No. 73--Robinson R-22/R-44 Special Training and Experience
Requirements
1. Applicability. Under the procedures prescribed herein, this
SFAR applies to all persons who seek to manipulate the controls or
act as pilot in command of a Robinson model R-22 or R-44 helicopter.
The requirements stated in this SFAR are in addition to the current
requirements of part 61.
2. Required training, aeronautical experience, endorsements, and
flight review.
(a) Awareness Training:
(1) Except as provided in paragraph (a)(2) of this section, no
person may manipulate the controls of a Robinson model R-22 or R-44
helicopter after March 27, 1995 for the purpose of flight unless the
awareness training specified in paragraph (a)(3) of this section is
completed and the person's logbook has been endorsed by a certified
flight instructor authorized under paragraph (b)(5) of this section.
(2) A person who holds a rotorcraft category and helicopter
class rating on their pilot certificate and meets the experience
requirements of paragraph (b)(1) or (b)(2) of this section may not
manipulate the controls of a Robinson model R-22 or R-44 helicopter
for the purpose of flight after April 26, 1995 unless the awareness
training specified in paragraph (a)(3) of this section is completed
and the person's logbook has been endorsed by a certified flight
instructor authorized under paragraph (b)(5) of this section.
(3) Awareness training must be conducted by a certified flight
instructor who has been endorsed under paragraph (b)(5) of this
section and consists of instruction in the following general subject
areas:
(i) energy management;
(ii) mast bumping;
(iii) low rotor RPM (blade stall);
(iv) low G hazards; and
(v) rotor RPM decay.
(4) A person who can show satisfactory completion of the
manufacturer's safety course after January 1, 1994, may obtain an
endorsement from an FAA aviation safety inspector in lieu of
completing the awareness training required in paragraphs (a)(1) and
(a)(2) of this section.
(b) Aeronautical Experience:
(1) No person may act as pilot in command of a Robinson model R-
22 unless that person:
(i) has had at least 200 flight hours in helicopters, at least
50 flight hours of which were in the Robinson R-22; or
(ii) has had at least 10 hours dual instruction in the Robinson
R-22 and has received an endorsement from a certified flight
instructor authorized under paragraph (b)(5) of this section that
the individual has been given the training required by this
paragraph and if proficient to act as pilot in command of an R-22.
Beginning 12 calendar months after the date of the endorsement, the
individual may not act as pilot in command unless the individual has
completed a flight review in an R-22 within the preceding 12
calendar months and obtained an endorsement for that flight review.
The dual instruction must include at least the following abnormal
and emergency procedures flight training:
(A) enhanced training in autorotation procedures,
(B) engine rotor RPM control without the use of the governor,
(C) low rotor RPM recognition and recovery, and
(D) effects of low G maneuvers and proper recovery procedures.
(2) No person may act as pilot in command of a Robinson model R-
44 unless that person:
(i) has had at least 200 flight hours in helicopters, at least
50 flight hours of which were in the Robinson R-44; or
(ii) has had at least 10 hours dual instruction in the Robinson
R-44 and has received an endorsement from a certified flight
instructor authorized under paragraph (b)(5) of this section that
the individual has been given the training required by this
paragraph and is proficient to act as pilot in command of an R-44.
Beginning 12 calendar months after the date of the endorsement, the
individual may not act as pilot in command unless the individual has
completed a flight review in an R-44 within the preceding 12
calendar months and obtained an endorsement for that flight review.
The dual instruction must include at least the following abnormal
and emergency procedures flight training:
(A) enhanced training in autorotation procedures,
(B) engine rotor RPM control without the use of the governor,
(C) low rotor RPM recognition and recovery, and
(D) effects of low G maneuvers and proper recovery
procedures. [[Page 11257]]
(3) A person who does not hold a rotorcraft category and
helicopter class rating must have had at least 20 hours of dual
instruction in a Robinson R-22 helicopter prior to operating it in
solo flight. In addition, the person must obtain an endorsement from
a certified flight instructor authorized under paragraph (b)(5) of
this section that instruction has been given in those maneuvers and
procedures, and the instructor has found the applicant proficient to
solo a Robinson R-22. This endorsement is valid for a period of 90
days. The dual instruction must include at least the following
abnormal and emergency procedures flight training:
(i) enhanced training in autorotation procedures,
(ii) engine rotor RPM control without the use of the governor,
(iii) low rotor RPM recognition and recovery, and
(iv) effects of low G maneuvers and proper recovery procedures.
(4) A person who does not hold a rotocraft category and
helicopter class rating must have had at least 20 hours of dual
instruction in a Robinson R-44 helicopter prior to operating it in
solo flight. In addition, the person must obtain an endorsement from
a certified flight instructor authorized under paragraph (b)(5) of
this section that instruction has been given in those maneuvers and
procedures, and the instructor has found the applicant proficient to
solo a Robinson R-44. This endorsement is valid for a period of 90
days. The dual instruction must include at least the following
abnormal and emergency procedures flight training:
(i) enhanced training in autorotation procedures,
(ii) engine rotor RPM control without the use of the governor,
(iii) low rotor RPM recognition and recovery, and
(iv) effects of low G maneuvers and proper recovery procedures.
(5) No certificated flight instructor may provide instruction or
conduct a flight review in a Robinson model R-22 or R-44 unless that
instructor:
(i) Completes the awareness training in paragraph 2(a) of this
SFAR,
(ii) Meets the experience requirements of paragraphs 2(b)(1)(i)
of this SFAR for the R-22, or 2(b)(2)(i) of this SFAR for the R-44,
(iii) Has completed flight training in an R-22, R-44, or both,
on the following abnormal and emergency procedures:
(A) enhanced training in autorotation procedures,
(B) engine rotor RPM control without the use of the governor,
(C) low rotor RPM recognition and recovery, and
(D) effects of low G maneuvers and proper recovery procedures.
(iv) Been authorized by endorsement from an FAA aviation safety
inspector or authorized designated examiner that the instructor has
completed the appropriate training, meets the experience
requirements and has satisfactorily demonstrated an ability to
provide instruction on the general subject areas of paragraph
2(a)(3) of this SFAR, and the flight training identified in
paragraph 2(b)(5)(iii) of this SFAR.
(c) Flight Review:
(1) No flight review completed to satisfy Sec. 61.56 by an
individual after becoming eligible to function as pilot in command
in a Robinson R-22 helicopter shall be valid for the operation of R-
22 helicopter unless that flight review was taken in an R-22.
(2) No flight review completed to satisfy Sec. 61.56 by
individual after becoming eligible to function as pilot in command
in a Robinson R-44 helicopter shall be valid for the operation of R-
44 helicopter unless that flight review was taken in the R-44.
(3) The flight review will include a review of the awareness
training subject areas of paragraph 2(a)(3) of this SFAR and the
flight training identified in paragraph 2(b) of this SFAR.
(d) Currency Requirements: No person may act as pilot in command
of a Robinson model R-22 or R-44 helicopter carrying passengers
unless the pilot in command has met the recency of flight experience
requirements of Sec. 61.57 in an R-22 or R-44, as appropriate.
3. Expiration date. This SFAR expires December 31, 1997, unless
sooner superseded or rescinded.
Issued in Washington, DC, February 23, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-4967 Filed 2-24-95; 12:49 pm]
BILLING CODE 4910-13-M