[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

[[Page 52647]]

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