[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Notices]
[Pages 35872-35875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17299]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Application for Transport Category Type Certificate for Military 
Surplus U.S. Army Model UH-1H and UH-1V Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed type certification basis.

-----------------------------------------------------------------------

SUMMARY: This notice provides information and invites comments 
concerning the proposed transport category type certification basis for 
the Garlick Helicopters Incorporated (GHI) Model GH205A helicopter. GHI 
has applied for a transport category standard type certificate for U.S. 
Army surplus Model UH-1H and UH-1V helicopters that would be designated 
as Model GH205A's. This nonrulemaking document is published in the 
interest of informing the public of this application under the 
provisions of 14 CFR 21.27 (Sec. 21.27). Public comments concerning the 
proposed certification basis will be considered in determining the 
airworthiness standards applicable to the type certification of these 
surplus military helicopters in the transport category.

DATES: Comments on this notice must be received on or before September 
2, 1997.

ADDRESSES: Comments must be mailed in duplicate to the Federal Aviation 
Administration, Rotorcraft Directorate, Fort Worth, Texas 76193-0110.

FOR FURTHER INFORMATION CONTACT: Richard Monschke, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Aircraft Certification Service, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5116, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    This notice of the proposed type certification basis of the Model 
GH205A is part of the FAA's continuing efforts to keep the public 
informed of the type certification programs conducted by the

[[Page 35873]]

FAA. Interested parties are invited to provide comments, written data, 
views, or arguments relevant to the proposed type certification basis 
of the Model GH205A as contained in this notice. Comments should be 
submitted in duplicate to the address specified above. All comments 
received on or before the closing date specified will be considered by 
the Administrator before the type certification basis is established.

Availability of Additional Copies of Notice

    Any person may obtain a copy of this notice by submitting a request 
to the address noted in the ADDRESSES paragraph above or by calling 
(817) 222-5110.

Background

    GHI, Hamilton, Montana, has applied for a transport category 
standard type certificate under the provisions of Sec. 21.27, ``Issue 
of type certificate: Surplus aircraft of the Armed Forces of the United 
States,'' for former U.S. Army Model UH-1H and UH-1V helicopters, to be 
redesignated as GHI Model GH205A helicopters. The later military UH-1V 
model contains avionics and internal equipment changes only and is 
considered identical to the UH-1H model for the purposes of FAA 
certification. The FAA Denver Aircraft Certification Office (ACO) 
received the original GHI type certificate application dated December 
9, 1993, and held a Preliminary Type Certification Board Meeting on 
November 1, 1994. The program is large when viewed in terms of its 
requirements for FAA resources, applicant type design submittals, and 
policy considerations. Based on its potential impact on FAA 
certification operations, the program was transferred to the Rotorcraft 
Certification Office, Southwest Region, by mutual agreement of the FAA 
and the applicant on June 12, 1995. Two familiarization meetings were 
held June 29, 1995, and July 12, 1995, in Fort Worth, Texas, to discuss 
engine and airframe certification issues, respectively. As a result, 
the FAA determined the program was viable and initiated certification 
activity.
    Section 21.27 provides two methods for obtaining a type certificate 
on a military surplus aircraft designed and constructed in the United 
States and accepted for operational use by the U.S. Armed Forces. The 
type certificate may be obtained if the surplus aircraft (1) is a 
counterpart of a previously type certificated civil aircraft, or (2) 
meets the airworthiness standards in effect when accepted by the U.S. 
Armed Forces, subject to any special conditions or later amendments 
necessary to ensure an adequate level of airworthiness for the 
aircraft. The U.S. Army procurement offices in St. Louis, Missouri, 
state that the UH-1H model helicopter was first accepted for 
operational use on September 8, 1966, and no similar civil version was 
certified until June 13, 1968. Hence, no similar civil model was 
certificated prior to the first operational use of the UH-1H model 
helicopter. The Model GH205A must therefore comply with the 
airworthiness standards specified in Sec. 21.27(f) at the amendment 
level in effect on September 8, 1966, which is part 29 through 
Amendment 1.
    Section 21.27(d) permits the FAA to relieve an applicant from 
strict compliance with an airworthiness standard in the certification 
basis, provided the stated conditions are satisfied. In addition 
Sec. 21.27(e) permits the FAA to adopt special conditions or later 
airworthiness requirements than those stated in the procedural rule to 
ensure an adequate level of airworthiness of the type design. Special 
conditions are airworthiness safety standards promulgated in accordance 
with the procedural rules of Secs. 11.28 and 21.16, which include 
public participation, and establish a level of safety equivalent to 
that contained in the regulations.
    The proposed certification basis addresses FAA general concerns 
regarding the certification of military aircraft, compliance with 
current external noise criteria, and the ability to identify all 
critical components as to origin and service history. In that regard, 
certain later amendments of the regulation will be imposed. The 
applicant would be required to comply with basic airframe airworthiness 
standard part 29 effective August 12, 1965, with selected later 
revisions.
    Regarding the proposed certification basis for the military T53-L-
13 engines, Sec. 21.27(c) allows the FAA to approve, for use on the 
GH205A aircraft, those engines installed on surplus UH-1H and UH-1V 
model helicopters. That approval would be based on a showing that the 
previous military qualifications, acceptance, and service records 
provide substantially the same level of airworthiness as would be 
provided if the engines were type certificated under part 33. In 
addition, Sec. 21.27(e) allows the FAA to require special conditions if 
compliance with the regulations in part 33 in effect at the time the 
engines were originally accepted by the military would not ensure an 
adequate level of safety. Based on Secs. 21.27 (c) and (e), the FAA has 
determined that the engines may be approved using the standards in 
Civil Air Regulations (CAR) 13, Amendments 13-1, 13-2, and 13-3; 
Sec. 33.14, Amendment 10; and Sec. 33.4, Amendment 9, and special 
conditions. These engines, or engine components, will only be eligible 
for installation on Model GH205A aircraft.

Type Certification Process

    The statutory prerequisite for the issuance of a type certificate 
(49 U.S.C. 44704) is a finding by the Administrator that the aircraft 
is properly designed and manufactured, performs properly, and meets the 
regulations and minimum standards prescribed under 49 U.S.C. 44701(a). 
Pursuant to 49 U.S.C. 44701(a) and part 21, a type certificate is 
issued after:
    1. All applicable airworthiness, noise, fuel venting, and engine 
emission requirements of the CFR have been met, including the 
completion of required functional and reliability tests to ensure that 
the helicopter is considered safe in its operational environment; and
    2. The Administrator has found no feature or characteristic that 
makes the helicopter unsafe for the category in which certification is 
desired.

Proposed Type Certification Basis

    The proposed type certification basis presented herein represents 
the type certification basis required by Sec. 21.27(f), specifically, 
the regulations in effect on the date that the military models were 
first accepted by the U.S. Army, and later regulatory amendments, 
deemed appropriate by the FAA or elected by the applicant. The initial 
military acceptance date for the Model UH-1H helicopter was September 
8, 1966, establishing the baseline airframe airworthiness certification 
basis as part 29, Category B, Amendment 1. Similarly, the baseline 
engine certification basis is CAR 13, Amendments 13-1, 13-2, and 13-3.
    In this certification, the FAA has determined that instructions for 
continued airworthiness are to be provided for the airframe in 
accordance with Sec. 29.1529, Amendment 20, and for the engine in 
accordance with Sec. 33.4, Amendment 9. The applicant would be required 
to comply with these later airworthiness standards and with the engine 
rotating components low cycle fatigue (start-stop stress) life 
determination requirements of Sec. 33.14, Amendment 10.
    The applicant will be required to demonstrate compliance with part 
36, Appendix H, at the amendment level effective on the date of type 
certification to stage 2 noise level requirements. The FAA will grant 
an additional 2 EPNdb noise signature relief in accordance with

[[Page 35874]]

Sec. 36.805(c), based on the FAA's finding that the Model GH205A will 
be classified as the first civil version of a related military-design 
helicopter.
    In determining the certification basis, the FAA has considered the 
operating experience of similar civil helicopter models manufactured by 
Bell Helicopter Textron, Inc., and the service history for the UH-1H 
and UH-1V model military helicopters available from the U.S. Army. For 
example, as provided by Sec. 21.27(d), the single servo valve, single 
hydraulic assist primary flight control system design peculiar to the 
military UH-1H and UH-1V configuration has been found by the FAA to 
provide substantially the same level of airworthiness as specified in 
Sec. 29.695, latest amendment, and that strict compliance with the 
requirement will impose a severe burden on the applicant. That relief 
from strict compliance with Sec. 21.27(f) is based on satisfactory 
service experience and is contingent on an inflight demonstration that 
continued safe flight and landing can be executed following a loss of 
power assist to the flight controls at flight envelope limits.

Certification Basis Summary Table

Airframe:
    Part 29, Amendment 1, Category B
    Section 29. 1529, Amendment 20
    Part 36, Appendix H, Latest Amendment
Engine:
    CAR 13, Amendments 13-1, 13-2, 13-3
    Section 33.14, Amendment 10
    Section 33.4, Amendment 9

Special Conditions and Exemptions

    The FAA has not identified any additional requirements for special 
conditions pursuant to Sec. 21.16 nor has GHI petitioned the FAA for 
any exemptions relative to the certification of the Model GH205A 
airframe. However, the airframe certification process will address the 
issues of initial inspection, teardown, life limited parts, military 
unique parts, non-FAA approved military vendor (breakout) parts, non-
FAA approved repairs and alterations, instructions for continued 
airworthiness, and compliance with FAA airworthiness directives (ADs) 
and/or military safety of flight messages. The airframe will be 
inspected and overhauled in accordance with an FAA approved procedure. 
Prior to civil certification, the airframe must pass a conformity 
inspection to the FAA approved Model GH205A type design.
    For engines, the FAA would propose separate special conditions 
under the provisions of Sec. 21.16 to establish a level of safety 
substantially equivalent to that established in part 33.
    The Department of Defense makes no representation as to an engine's 
conformance with FAA airworthiness requirements in compliance with CFRs 
for engines sold to the commercial aviation industry as surplus. The 
FAA's concern has been that once the engines enter the military 
service, they are no longer subject to FAA operating limitations, 
surveillance, and quality assurance program and, therefore, may not 
meet FAA standards or airworthiness requirements when released as 
surplus. Certain engine components may have exceeded life limits of the 
civil counterpart or shelf life, may not have been produced under an 
FAA-approved quality system, or may lack documentation, operating 
records, or maintenance records. In addition, Sec. 43.13 mandates that 
the installer of a part have a reasonable basis for determining that, 
after the part is installed on a U.S. type-certificated product, the 
condition for the product is at least equal to the product's original 
or properly altered condition and that the product is in a condition 
for safe operation.
    The FAA finds that the engine approval basis alone may not contain 
adequate or appropriate safety standards for engines installed in 
surplus military aircraft for the reasons described previously. The 
areas of FAA concern regarding approval of the military surplus engines 
are described as follows:

a. Engine and Maintenance Records

    The following data would be required to support an equivalent 
airworthiness determination to the engine approval basis described 
previously:
    (1) Records which establish that the engine and components and 
parts that have been installed since original manufacture were produced 
under an FAA approved production and inspection system.
    (2) Complete historical records maintained by the military, the 
manufacturer, and any other prior owner(s) pertaining to inspection, 
modification, repair, alteration, maintenance, and operation of the 
engine from the time of acceptance by the military.
    (3) A report that the engine has an equivalent level of 
airworthiness substantiated by the engine approval basis described 
previously. The report will be required to address the provisions of 
CAR 13 and applicable part 33 sections on a paragraph by paragraph 
basis.

b. Military Unique and Breakout Hardware

    Military unique and breakout hardware are engine components for 
which the military utilized the manufacturer's design drawings and 
specifications, but the components were produced specifically for the 
military by non FAA-approved manufacturers. All military unique and 
breakout hardware must be replaced with parts made by FAA production 
approval holders.

c. Conformity

    The applicant will be required to present evidence to substantiate 
that the engine conforms to the FAA-approved type design of its civil 
counterpart. The manufacturing records will include any deviation from 
the FAA approved type design and quality control system which was in 
existence at the time of manufacture. With regard to maintenance, the 
applicant will need to establish that any alterations, modifications, 
or repairs were accomplished in compliance with FAA-approved data by 
maintenance facilities certificated by the FAA. When this cannot be 
established, the alterations or repairs must be appropriately 
substantiated in accordance with the applicable regulations and 
approved by the FAA, or the altered or repaired hardware will be 
removed. The operating records will be examined to determine whether 
the engine was utilized outside of the operating envelope specified for 
the civil version engine including speed, temperature, torque, engine 
mount load and other engine limits. In addition, this records review of 
operational history will be required to determine if the engine has 
been subjected to other extreme operating conditions such as accidents, 
fire, and missile drone target shooting.

d. Life Limited Engine Parts

    The military mission cycle, with or without the same type design, 
generally differs from civil aircraft mission cycles. As such, the life 
cycle limits for engine rotating parts (such as disks, spacers, hubs, 
and shafts of the compressors and turbines) and life limited stationary 
engine components may not be directly transferable between military and 
civil engines having the same hardware. To perform an accurate cycle 
adjustment on a military life limited engine part, there must be a 
record of operating hours and operating history and a known mission 
profile. Unlike civil missions, many military operations subject engine 
hardware to a wide variance in strain range, thus subjecting these 
components to multiple partial cycles for each flight

[[Page 35875]]

hour. The applicant will need to define a process for screening 
military engine operating and maintenance records to insure their 
accuracy.
    For engines lacking complete, accurate time in service (TIS) and 
operating records, the time remaining on life limited parts is 
considered unknown, therefore, such parts are considered not airworthy 
and will be required to be removed. For those engines having accurate 
TIS and service history records, the applicant will be required to 
develop a conversion factor(s) to convert TIS of past engine usage in 
military service to the equivalent civil engine cycles which will 
include cumulative partial cycles. The procedure for such conversions 
must be submitted to and approved by the FAA. The applicant will need 
to use the published life limit in civil engine manuals for all life 
limited engine hardware to establish the remaining cycles. If 
applicable, the applicant must also develop procedures approved by the 
FAA to account for anticipated additional life to be consumed from 
other aircraft operating modes, such as external load and repetitive 
heavy lift operations, that are not considered in the published life in 
the civil engine manuals.

e. Continued Airworthiness

    The applicant will be required to provide Instructions for 
Continued Airworthiness in accordance with Sec. 33.4 or the civil 
counterpart engine manuals acceptable to the FAA. The applicant will be 
responsible for maintaining pertinent information concerning continued 
airworthiness of the engines, such as future ADs and service 
difficulties. In addition, the type certificate holder is responsible 
for corrective actions of service difficulties including support of all 
accident, incident, and service difficulty engineering investigations.

f. Identification Marking

    The existing military identification marking (data plate) should 
remain attached to the engine. A supplemental data plate, in compliance 
with the requirements of part 45, will be used to further identify the 
applicant's engine.

g. Airworthiness Directives (AD's)

    The applicant would be required to comply with all FAA AD's 
pertaining to the civil equivalent engine and certain military Time 
Compliance Technical Orders (i.e., the military equivalent to AD) that 
are approved by the FAA for the engines.

h. Overhaul

    The engine will need to be in newly overhauled condition according 
to civil engine manuals by a maintenance facility certified by the FAA.

Post Certification Activity

    The design evaluation does not end with the issuance of the type 
certificate. Regulations require type certificate holders to submit 
various reports and data on the aircraft's service experience and to 
perform periodic inspections and maintenance necessary to assure 
continued airworthiness. The FAA continues to monitor the safety 
performance of a design after the type design is approved and the 
aircraft is introduced into service through the various reports and 
data that the FAA receives and with postcertification design reviews 
when necessary. The airworthiness standards such as part 29, and the 
operational standards, such as parts 91 and 135, are amended from time 
to time to incorporate new technologies and to upgrade the existing 
level of safety. If an unsafe condition is found as a result of service 
experience and that condition is likely to exist or develop in other 
products of the same type, the FAA issues an AD under part 39 to 
require a change to the type design or to define special inspection or 
operational limitations. In effect, these are retroactive applications 
of required type design changes.

    Issued in Fort Worth, Texas, on June 20, 1997.
Eric Bries,
Acting Manager, Aircraft Certification Service, Rotorcraft Directorate.
[FR Doc. 97-17299 Filed 7-1-97; 8:45 am]
BILLING CODE 4910-13-P