[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Notices]
[Pages 71543-71546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33039]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Certification Basis for Garlick Helicopters, Inc. Model GH205A 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Type Certification Basis.

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SUMMARY: This document establishes the type certification basis for 
Garlick Helicopters, Inc. Model GH205A helicopters. It is published in 
the interest of keeping the public informed and to advise all 
interested persons of the airworthiness standards applicable to Model 
GH205A helicopters.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 9, 1993, Garlick Helicopters, Inc., of Hamilton, 
Montana, applied for a transport category rotorcraft type certificate 
under the provisions of 14 CFR 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 
Garlick Helicopters, Inc. Model GH205A helicopters. The later military 
Model UH-1V helicopters contain avionics and internal equipment changes 
only and is considered identical to Model UH-1H helicopters for the 
purposes of FAA certification.
    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 the particular model 
was accepted for operational use 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, has stated that the UH-1H 
model helicopter was first accepted for operational use by the U.S. 
Army on September 8, 1966, and no similar civil version was 
certificated until June 13, 1968. Hence, no similar civil model was 
certificated prior to the first operational use of the military UH-1H 
model helicopter. Therefore, the

[[Page 71544]]

Model GH205A helicopter must comply with the airworthiness standards 
specified in Sec. 21.27(f) at the regulation amendment level in effect 
on September 8, 1966.
    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. Additionally, 
Sec. 21.27(e) permits the FAA to adopt special conditions or later 
airworthiness requirements if the FAA finds that the requirements 
stated in Sec. 21.27(e) and (f) would not ensure an adequate level of 
airworthiness of the type design. Special conditions are airworthiness 
safety standards promulgated in accordance with Secs. 11.28 and 21.16, 
which include public participation, and establish a level of safety 
equivalent to that contained in the regulations.
    A notice that invited public comments on the proposed certification 
basis including the Special Condition concerning the T53-L-13 engine 
for the Model GH205A helicopters was published in the Federal Register, 
on July 2, 1997 (62 FR 35872). Numerous comments, both for and against, 
were received on the proposed certification basis.

General Discussion of Public Comments

    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. Because of 
the volume of comments, comments of a similar nature are answered as a 
group.
    After receipt of the comments from the notice of proposed type 
certification basis, the FAA decided to issue a separate Special 
Condition for the T53-L-13 engines. In that Final Special Condition; 
request for comments, the FAA disposed of the comments relating to the 
engine. Special Condition No. 29-006-SC, issued and effective on 
September 22, 1999 (64 FR 52646 September 30, 1999), promulgates the 
additional safety standards that the FAA Administrator considers 
necessary to establish a level of safety for the T53-L-13 surplus 
military aircraft engines installed in the Model GH205A helicopters 
equivalent to that established by the existing airworthiness standards.

Discussion of Comments

    Several commenters suggested that the Model UH-1H helicopters while 
being flown by the U.S. Army had a safe operational record. These 
commenters state that Model UH-1H helicopters are proven aircraft with 
some 20 million fleet hours. The commenters state that this 
satisfactory service history shows that the Model UH-1H helicopters are 
safe and reliable. One commenter reports that they have flown Model UH-
1H helicopters in the public-use role for over 46,000 flight hours of 
accident-free operations. Another commenter reports that they have 
flown Model UH-1 helicopters accumulating over 16,000 flight hours 
without an incident or accident caused by mechanical failure or 
maintenance problems.
    In general, the FAA agrees that Model UH-1H helicopters have 
demonstrated a satisfactory military service history. However, for FAA 
type certification in the civil transport rotorcraft category, more 
than satisfactory military service history is required. In some 
instances, military qualifications and acceptance do not meet the 
safety requirements specified in 14 CFR parts 21 and 29. Since the 
proposed Model GH205A helicopters will be flown in accordance with 14 
CFR parts 91 and 135 operating requirements, those operations must meet 
the minimum appropriate level of safety commensurate with the category 
for which certification is requested. Therefore, in accordance with 14 
CFR 21.27, the FAA will require Garlick Helicopters, Inc. to meet the 
appropriate regulation and certain special conditions deemed necessary 
to ensure the appropriate minimum level of safety.
    Some public aircraft operators commented that the proposed Model 
GH205A helicopters would benefit the taxpayers. They argue that the 
taxpayers, who must pay for fire fighting and rescue services, have 
already paid for these helicopters as military aircraft and should 
continue to benefit from their operation.
    The FAA does not evaluate applications for type certificates based 
on economic considerations. The type certification basis is established 
by mandating applicable minimum safety standards. The FAA presumes that 
the type certificate applicant has or will perform an economic analysis 
based on the regulatory requirements.
    Several comments were received concerning the economic impact of 
the civil certification of military surplus helicopters. One commenter 
stated that infusing large numbers of military surplus aircraft into 
the civil market would have a much more detrimental affect on the 
industry than any benefits that might be realized. Not only would it 
affect the major manufacturers and large commercial operators, it would 
also affect small companies and individual owners who have invested in 
standard category aircraft. These commenters further state that the 
certification of military surplus helicopters would ``devalue the civil 
fleet and the owners of civil-certified standard category helicopters 
would be at a competitive disadvantage.'' They further emphasized that 
``the civil market has already been damaged enough through national 
park regulations and loss of public-use contracts to surplus aircraft. 
Any further pursuit of an initiative to certify surplus aircraft could 
very well harm the industry in such a manner that it would not 
recover.'' Another commenter stated, ``My concern is trying to make a 
profit by competing with people with lesser standards operating surplus 
government helicopters.''
    The FAA is sensitive to both sides of the economic issues 
associated with this project. However, in accordance with 14 CFR 21.27, 
an applicant is entitled to a type certificate for a surplus aircraft 
of an Armed Force of the United States if it complies with certain 
appropriate regulations. The FAA's focus is on assuring that the 
minimum level of safety is maintained.
    One commenter states that the sudden expansion of the number of 
operators in the industry due to the affordability and access to 
surplus aircraft will result in an increased workload on an already 
overloaded FAA inspection system and would necessitate the need for 
additional manpower to regulate that growth.
    The FAA continually assesses the resources needed to regulate the 
industry. However, the FAA has no basis to deny a type certificate to 
an applicant that has met all the appropriate regulatory requirements.
    Several commenters state that the proposed certification basis will 
assure a proper level of safety for a transport category rotorcraft. 
These commenters emphasize that the proper level of safety is generated 
when the proposed regulatory criteria is met during the upgrade from 
military surplus to transport category rotorcraft and when the aircraft 
are properly maintained during service.
    The FAA agrees. The type certification basis and special conditions 
will provide a high level of safety for Model GH205A helicopters. The 
airframe, including electrical and mechanical systems as well as the 
engine, will be inspected and overhauled in accordance with an FAA-
approved procedure. Model GH205A helicopters will be produced in 
accordance with an FAA-approved type design. A FAA-approved production 
and quality system will be maintained

[[Page 71545]]

with FAA oversight. The Fort Worth Aircraft Evaluation Group will 
review the instructions for continued airworthiness for acceptability. 
The Rotorcraft Certification Office will review and approve the 
Airworthiness Limitations.
    One commenter states that certification of Model GH205A helicopters 
would cause an irreparable setback to rotorcraft aviation due to the 
high noise signature of the similar Model UH-1 helicopters, which has 
already been responsible for a negative perception and acceptance of 
helicopters by the general public. Certain helicopter models are 
currently banned from several geographical areas in the civil sector 
because of their high ambient noise level.
    The Model GH205A helicopter certification basis includes 14 CFR 
part 36, Appendix H, latest Amendment, ``Noise Requirements for 
Helicopters under Subpart H''. Further, a prototype Model GH205A 
helicopter has been tested and found to be in compliance with the 
current Part 36, Appendix H, noise certification requirements. The 
Model GH205A helicopters will basically have the same noise signature 
as existing civil certified Bell Helicopter Textron, Inc. (Bell) Model 
205A helicopters.
    Several commenters point out that there was a Notice of Proposed 
Rulemaking (NPRM No. 94-12) published in the Federal Register on April 
21, 1994, which proposed to rescind the current rules providing for the 
issuance of a type certificate to surplus military aircraft previously 
accepted for use by the U.S. Armed Forces. They state that the 
airworthiness standards specified for compliance are no longer 
appropriate for normal or transport category helicopter type 
certification and do not offer the same levels of safety to the general 
public as current amendment levels of FAR Parts 27 and 29.
    While the FAA agrees that several amendments to the normal and 
transport helicopter airworthiness standards, FAR Parts 27 and 29, have 
been incorporated to enhance flight safety since the U.S. military 
first accepted delivery of the Model UH-1 series helicopters, 
retroactive compliance to later amendment levels for previously-
certificated civil helicopters has not been required of any type 
certificate holder. There are currently many type certificated 
helicopters on the FAA U.S. Registry, similar to Model GH205A 
helicopters, that were type certificated to the airworthiness standards 
in existence at the time the Model UH-1 series helicopters entered 
military service. The type certification basis established for Model 
GH205A helicopters meets the regulatory requirements of the Bell Model 
205A helicopters, and also includes certain requirements imposed by 
later FAR Part 29 and FAR Part 33 amendment levels to achieve a level 
of safety equal to that required of current type certificate 
applicants. The FAA recognizes that the type, quantity, and potential 
civil usage of aircraft now being declared surplus by the U.S. Armed 
Forces has changed significantly since the World War II era, hence the 
promulgation of NPRM 94-12. NPRM 94-12 was never adopted. The FAA has a 
rigorous airworthiness compliance plan for the Model GH205A 
helicopters, including provisions for maintaining the continued 
airworthiness of these helicopters, such that no unfair advantage of 
Garlick Helicopters, Inc. over current helicopter manufacturers is 
intended and the type certification basis will result in a safe 
helicopter.
    Several commenters state that the surplus Model UH-1 series 
airframes are similar in appearance to civil-certified Bell Model 205 
helicopters, but do not meet FAR Part 29 airworthiness requirements due 
to significant differences in the rotor drive systems configuration, 
control systems design and construction materials. They state that the 
tail rotor on the Bell Model 205 helicopters is located on the right 
side of the tailboom with a push/pull tube type of control system, 
while on the Model UH-1 series helicopters, the tail rotor is located 
on the left side of the tail boom and controlled via a cable/silent 
chain system. A commenter further states that the hydraulic boost 
actuators for the collective and cyclic main rotor primary control 
systems on the Bell Model 205 helicopters are required by the FAA to 
have redundant servo valves while the corresponding actuators on the 
Model UH-1 series helicopters contain a single servo valve. In 
addition, a commenter states that many airframe components/detail parts 
on the Model UH-1 series helicopters may have been replaced by the 
military with breakout parts. Also, military design specifications in 
some cases allowed the substitution of aluminum and magnesium in the 
Model UH-1 series helicopters instead of steel for similar parts on the 
Bell Model 205 helicopters.
    While the FAA is aware of these differences, it has determined that 
an applicant can conduct a design review of the Model UH-1H series 
helicopters to show compliance and address those areas which require 
modification in order to comply with the Model GH205A helicopters' type 
certification basis, which will result in a safe helicopter.
    In accordance with FAR 21.31, Garlick Helicopters, Inc. will be 
required to have a complete set of FAA-approved type design data which 
defines the configuration and design features of the Model GH205A 
helicopters' type design shown to comply with the Model GH205A 
helicopters' type certification basis. A complete drawing package will 
be required including any drawings for replacement or upgraded parts 
utilized from the original equipment manufacturer or other FAA 
production approval holders.
    FAA-approved procedures will be utilized to conduct receiving 
inspections on each Model GH205A helicopters' airframe; to purge all 
breakout parts; to inspect and, if necessary, overhaul all major 
systems; to establish criteria for use of life-limited parts; and to 
conform the helicopter to a FAA-approved configuration.
    Since the FAA originally imposed the dual servo valve hydraulic 
flight control actuator requirement on the Bell Model 205 helicopters' 
type certification, over 20 million military and civil flight hours 
have been accrued with acceptable service history on both military 
Model UH-1 and civil Bell Model 204 helicopters, which have single 
servo valve hydraulic actuators. Therefore, service history for the 
single servo actuators has proven to be satisfactory. However, Model 
GH205A helicopters will be subjected to extensive ground and flight 
tests to demonstrate the acceptability of the single servo actuators 
utilized in the surplus Model UH-1 series helicopters. If these tests 
are successful, an equivalent level of safety will have been 
demonstrated for Sec. 29.695, Power boost and power-operated control 
system.
    Additionally, in accordance with Sec. 21.27(e), the FAA has 
determined that the following sections must be included in the Model 
GH205A helicopters' type certification basis:
     14 CFR part 29.2, Amendment 29-32, Special retroactive 
requirements. This Section requires each occupant's seat to be equipped 
with a safety belt and shoulder harness.
     14 CFR part 29.785, Amendment 29-24, Seats, berths, safety 
belts, and harnesses. This Section describes the loads and other 
criteria that the seat belt and shoulder harness must meet.
     14 CFR part 29.853, Amendment 29-18, Compartment 
interiors. This section describes the requirements for cabin interiors. 
Of particular interest are the material burn testing requirements.

[[Page 71546]]

    Several commenters state that the proposed type certification basis 
will not assure a level of safety equal to other transport category 
helicopters currently certified, that use of obsolete certification 
regulations will not meet the same level of safety required of aircraft 
certified under modern certification regulations, and that Model UH-1H 
helicopters were built under military requirements while the Bell Model 
205 helicopters were designed for civilian use and therefore meet a 
higher standard.
    14 CFR 21.27 allows a type certification basis other than the most 
current certification regulations. As previously discussed, retroactive 
compliance for previously certificated civil helicopters or their 
derivatives has not been required of any type certificate holder. Bell 
Model 205 helicopters were certificated to CAR 7 rules. The FAA has 
determined that the Model GH205A helicopters' type certification basis 
at FAR 29, Amendment 1, certain later Amendments of FAR 29, equivalent 
safety finding requirement, CAR 13 at Amendments 13-1, 13-2 and 13-3, 
certain later Amendments of FAR 33, and special conditions provide a 
satisfactory level of safety commensurate with Bell Model 205 
helicopters.

Type Certification Basis

    Pursuant to the provisions of Sec. 21.27, the type certification 
basis of the Garlick Helicopters, Inc. Model GH205A helicopters is:
    1. 14 CFR part 29 of the Federal Aviation Regulations (FAR) 
effective August 12, 1965, as amended by Amendment 29-1, Category B, 
except:
     Section 29.2 of the FAR effective September 16, 1991, as 
amended by Amendment 29-32.
     Section 29.695 through Amendment 29-1, Category B, Finding 
of Equivalent Safety.
     Section 29.785 of the FAR effective December 6, 1984, as 
amended by Amendment 29-24.
     Section 29.853 of the FAR effective March 6, 1980, as 
amended by Amendment 29-18.
     Section 29.1529 of the FAR effective October 14, 1980, as 
amended by Amendment 29-20.
    2. 14 CFR part 36 of the FAR, Appendix H, latest Amendment in 
existence at the time of certification.
    3. Part 13 of the Civil Air Regulations (CAR) effective August 12, 
1957, as amended by Amendment 13-1.
    4. Part 13 of the CAR effective May 17, 1958, as amended by 
Amendment 13-2.
    5. Part 13 of the CAR effective October 1, 1959, as amended by 
Amendment 13-3.
    6. 14 CFR Section 33.4 of the FAR effective October 14, 1980, as 
amended by Amendment 33-9.
    7. 14 CFR Section 33.14 of the FAR effective March 26, 1984, as 
amended by Amendment 33-10.
    8. Special Condition No. 29-006-SC.

Additional Special Conditions

    The necessity for additional special conditions may become evident 
as more experience is gained during this type certification program. 
Any additional special conditions will be promulgated in accordance 
with Secs. 11.28 and 21.16.

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 helicopters' 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 post-certification design reviews 
when necessary. The airworthiness standards, such as Part 29 and Part 
33, 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, during an evaluation, 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 December 9, 1999.
Henry A. Armstrong,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-33039 Filed 12-20-99; 8:45 am]
BILLING CODE 4910-13-P