[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Rules and Regulations]
[Pages 52646-52649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25452]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
[Docket No. SW-006; Special Condition No. 29-006-SC]
Special Conditions: Garlick Helicopters, Inc. Model GH205A
helicopters; 14 CFR Part 21.27(c), aircraft engines installed in
surplus Armed Forces aircraft
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special condition; request for comments.
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SUMMARY: This special condition is issued for Garlick Helicopters, Inc.
Model GH205A helicopters. This model helicopter will have a novel or
unusual design feature(s) associated with the aircraft engines
installed in surplus Armed Forces aircraft. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. This special condition contains the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.
DATES: The effective date of this special condition is September 22,
1999. Comments must be received on or before November 29, 1999.
ADDRESSES: Comments on this special condition may be mailed in
duplicate to: Federal Aviation Administration, Office of Regional
Counsel, Attention: Rules Docket No. SW-006, 2601 Meacham Blvd., Fort
Worth, Texas, 76137; or delivered in duplicate to the Office of the
Regional Counsel at the above address. Comments must be marked: Docket
No. SW-006. Comments may be inspected in the Rules Docket weekdays,
except Federal holidays, between 7:30 a.m. and 4:00 p.m.
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: The FAA has determined that notice and
opportunity for prior public comment hereon are impracticable because
these procedures would significantly delay issuance of the approval
design and thus delivery of the affected helicopter. In addition, the
substance of this special condition has been subject to the public
comment process in a prior instance. The FAA therefore finds that good
cause exists for making this special condition effective upon issuance.
Comments Invited
Even though comments have been received on this engine special
condition, interested persons are invited to submit such additional
written data, views, or arguments as they may desire. Communications
should identify the regulatory docket and be submitted in duplicate to
the address specified above. All communications received on or before
the closing date for comments will be considered by the FAA. This
special condition may be changed in light of the comments received. All
comments received will be available in the Rules Docket for examination
by interested persons, both before and after the closing date for
comments. A report summarizing each substantive public contact with FAA
personnel concerning this rulemaking will be filed in the docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this special condition must include a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. SW-006.'' The postcard will be date stamped
and returned to the commenter.
Background
On December 9, 1993, Garlick Helicopters, Inc. applied for a
transport category type certificate for their Model GH205A helicopters
that contain military surplus T53-L-13 engines. The
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Model GH205A helicopters are former U.S. Army Model UH-1H or UH-1V
helicopters.
For engines sold to the civilian aviation industry as surplus, the
Department of Defense, the initial source of Garlick Helicopters,
Inc's. surplus military helicopter engines, makes no representation as
to the compliance of its military engines with FAA airworthiness
regulations. Once the engines enter military service, they are no
longer subject to FAA operating limitations, surveillance, and quality
assurance programs and, therefore, may not meet FAA standards or
airworthiness requirements when released as surplus. Certain engine
components may have exceeded the life limit or shelf life of the civil
counterpart, may not have been produced under a FAA-approved quality
system, or may lack documentation, operating records, or maintenance
records.
Therefore, the FAA finds that the engine approval basis alone does
not contain adequate or appropriate safety standards for engines
installed in surplus military aircraft. 14 CFR Sec. 21.27(e) permits
the FAA to require an applicant to comply with special conditions or
other airworthiness requirements necessary to ensure an adequate level
of airworthiness of a 14 CFR 21.27 type design. Special conditions are
airworthiness safety standards promulgated in accordance with
Sec. 11.28 and 21.16, which include public participation, and
establishes a level of safety equivalent to that contained in the
regulations.
General Discussion of Public Comments
On July 2, 1997, the FAA published in the Federal Register (62 FR
35872) a notice of proposed type certification basis. In that notice,
the FAA requested public comments on this special condition. The FAA
has carefully reviewed and considered all comments in the development
of the type certification basis and the regulatory standards contained
therein for Model GH205A helicopters. Comments relating to the special
condition in that notice for the engine are addressed in this document.
Because of the volume of comments, comments of a similar nature are
answered as a group.
Discussion of Comments
Several commenters state that the military surplus Allied Signal
(formerly Lycoming) T53-L-13 engines slated for use in the Model GH205A
helicopters are unsuitable for civil use. The methodology by which the
military tracks life-limited components differs from that required for
the T5313B civil engine counterpart; the U.S. Army procured certain
critical engine spare parts from non-FAA approved vendors (defined as
breakout parts); insufficient maintenance history is available for
surplused engines; certain engine fuel system components do not meet
FAA airworthiness requirements; service history for early versions of
the T53-L-13 is not satisfactory; and military spare parts could co-
mingle with the civil inventory and become indistinguishable.
The FAA agrees that blanket approval of all surplus engines
installed on military Model UH-1H and UH-1V helicopters is not
appropriate. However, the FAA has determined that equivalent
airworthiness standards required under FAR 21.27(c) can be
demonstrated. For this type certification basis, the engine approval
basis for the T53-L-13 engine includes not only the airworthiness rules
in existence at the time the engine was qualified for military service,
but also includes certain requirements imposed by later 14 CFR Part 33
amendments. Each engine proposed for use on the Model GH205A must be
presented for FAA approval with the proper historical record
documenting service usage, maintenance history, and complete status and
assessment of all life-limited parts. Further, each of these engines
must undergo a teardown and inspection per FAA-approved procedures to
identify and remove all ``breakout'' and suspect parts; be reworked, as
required, into an FAA-approved configuration; be overhauled to a
baseline specification; and be re-identified to reflect its approval
for civil use. This process will include compliance with all relevant
FAA Airworthiness Directives and military equivalent technical orders.
One commenter endorses the proposed special condition set forth for
engine approval. The commenter states that strict adherence to the
proposed engine certification basis and special conditions will enhance
the airworthiness of the engines installed on Model GH205A helicopters.
In addition, the commenter recommends that all FAA approval involving
engine part lives and other changes to the type design should be
processed by the Aircraft Certification Office (ACO) responsible for
the military T53-L-13 engine civil counterpart.
The FAA agrees that the airworthiness approval of the T53-L-13
engine for the Model GH205A helicopter is an engine certification, and
will be administered by the accountable ACO with support from various
FAA offices.
Two commenters state that the military T53-L-13 engine should
comply with the requirements of 14 CFR 33.17, Amendment 6, Fire
Prevention, which addresses fire resistant external lines. Unlike its
civil counterpart, the military T53 series engines do not incorporate
fire shielding on lines that contain or convey flammable fluid.
The FAA agrees that the engine for Model GH205A helicopters must
comply with the fire prevention requirements, that is, the external
lines which convey flammable fluids must be at least fire resistant;
and that the possibility of fire hazard of flammable fluid carrying
lines must be minimized by appropriate shielding. Section 13.202 of CAR
13 at Amendments 13-1 through 13-3, the type certificate basis for the
Model GH205A engine, prescribes the above fire prevention requirements
with which the applicant must comply.
Type Certification Basis
Under the provisions of 14 CFR 21.17, Garlick Helicopters, Inc.
must show that each T53-L-13 surplus Armed Forces helicopter engine
installed in the Model GH205A helicopter meets the applicable
provisions of Sec. 21.27(c), as amended by Amendment 21-59 in effect on
March 9, 1987.
Specifically, in accordance with Sec. 21.27(c), the Model GH205A
helicopter engine approval basis is as follows:
Part 13 of the Civil Air Regulations (CAR), effective
August 12, 1957, as amended by Amendment 13-1;
Part 13 of the CAR, effective May 17, 1958, as amended by
Amendment 13-2;
Part 13 of the CAR, effective October 1, 1959, as amended
by Amendment 13-3;
Part 33 of the Federal Aviation Regulations (FAR) as noted
below:
Sec. 33.4 of the FAR, effective October 14, 1980, as
amended by Amendment 33-9;
Sec. 33.14 of the FAR, effective March 26, 1984, as
amended by Amendment 33-10; and
Any special conditions required by the Administrator.
If the Administrator finds that the applicable airworthiness
regulations of 14 CFR 21.27 do not contain adequate or appropriate
safety standards for the Model GH205A helicopter engines because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Secs. 21.16 and 21.27(e).
In addition to the applicable airworthiness regulations and special
conditions, the Model GH205A helicopter must comply with the noise
[[Page 52648]]
certification requirements of 14 CFR part 36; and the FAA must issue a
finding of regulatory adequacy pursuant to Sec. 611 of Public Law 92-
574, the ``Noise Control Act of 1972.''
Special conditions, as appropriate, are issued in accordance with
Sec. 11.49, as required by Secs. 11.28 and 11.29(b), and become part of
the type certification basis in accordance with Sec. 21.17.
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, the special conditions would also apply to the
other model under the provisions of Sec. 21.101(a)(1).
Novel or Unusual Design Features
Model GH205A helicopters will incorporate the following novel or
unusual design features: a surplus Armed Forces helicopter engine
installed in a transport category rotorcraft. 14 CFR 21.27(c) requires
that the engines installed in surplus Armed Forces aircraft for which a
type certificate is sought under this section must provide
substantially the same level of airworthiness as would be provided if
the engine were type certificated under Part 33 of the Federal Aviation
Regulations. To provide the required level of airworthiness, in
addition to the Model GH205A helicopter engine approval basis, the
following areas require a special condition in order to provide
substantially the same level of airworthiness as would be provided if
the engines were type certificated under Part 33 in accordance with 14
CFR 21.27(c):
Engine and maintenance records
Military unique and breakout hardware
Conformity
Life limited engine parts
Continued Airworthiness
Identification marking
Airworthiness Directives (AD's)
Overhaul
Applicability
As discussed above, this special condition is applicable to Model
GH205A helicopters. Should Garlick Helicopters, Inc. apply at a later
date for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, the special
conditions would apply to that model as well under the provisions of
Sec. 21.101(a)(1).
Conclusion
This action affects only certain novel or unusual design features
on one model of helicopter. It is not a rule of general applicability
and affects only the applicant who applied to the FAA for approval of
these features on the helicopter.
Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register; however, as the certification date for the Garlick
Helicopters, Inc. Model GH205A helicopter is imminent and the substance
of these special conditions has been subjected to a comment period in a
prior instance, the FAA finds that good cause exists to make this
special condition effective upon issuance. The FAA is requesting
comments to allow interested persons to submit views that may not have
been submitted in response to the prior opportunities for comment.
List of Subjects in 14 CFR Part 21
Aircraft, Air transportation, Aviation safety, Rotorcraft, Safety.
The authority citation for these special conditions is as follows:
42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 44701-44702, 44709,
44711, 44713, 44715, 45303.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, in addition to the Model GH205A helicopter engine
approval basis, the following special condition is issued as part of
the type certification basis for the Garlick Helicopters, Inc. Model
GH205A helicopter.
1. Engine and Maintenance Records
The following data is required:
(a) Records establishing that the engine, components, and parts
that have been installed since original manufacture were produced under
an FAA-approved production and inspection system.
(b) 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.
(c) 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.
2. Military Unique and Breakout Hardware
Military unique and breakout parts are engine parts for which the
military utilized the manufacturer's design drawings and
specifications, but the parts were produced specifically for the
military by non FAA-approved manufacturers. All military unique and
breakout parts must be replaced with parts made by FAA production
approval holders.
3. Conformity
The applicant must substantiate that the engine conforms to the
FAA-approved type design of its civil counterpart. The manufacturing
records must include any deviation from the FAA-approved type design
and quality control system that was in existence at the time of
manufacture. With regard to maintenance, the applicant must 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 must be removed. The operating records
must show 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, the operational history records must show whether the engine
has been subjected to other extreme operating conditions such as
accidents, fire, or missile drone target shooting.
4. 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, operating history, and 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 hour. The applicant must have a
FAA-approved process for screening military engine
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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 unairworthy
and must be removed from service. For those engines having accurate TIS
and service history records, the applicant must develop a conversion
factor(s) to convert TIS of past engine usage in military service to
the equivalent civil engine cycles which includes cumulative partial
cycles. The procedure for such conversions must be submitted to and
approved by the FAA. The applicant must 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.
5. Continued Airworthiness
The applicant will be required to provide Instructions for
Continued Airworthiness in accordance with 14 CFR 33.4. The type
certificate holder must report failures, malfunctions, and defects;
support required design changes; and maintain records concerning the
continued airworthiness of the engines in accordance with 14 CFR Parts
21, 33, and 43.
6. Identification Marking
The existing military identification marking (data plate) shall
remain attached to the engine. A supplemental data plate, in compliance
with the requirements of part 45, will be used to further identify the
engine.
7. Airworthiness Directives (AD's)
The type certificate holder must comply with all FAA AD's
pertaining to the equivalent civil engine and with certain military
Time Compliance Technical Orders (i.e., the military equivalent to
AD's) that are approved by the FAA for the engine.
8. Overhaul
The engine must be newly overhauled, in accordance with the current
civil engine model overhaul manual(s), by a maintenance facility
certificated by the FAA to perform such overhauls.
Issued in Fort Worth, Texas on September 22, 1999.
Henry A. Armstrong,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-25452 Filed 9-29-99; 8:45 am]
BILLING CODE 4910-13-U