[Federal Register Volume 68, Number 153 (Friday, August 8, 2003)]
[Notices]
[Pages 47379-47380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19527]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Intent To Designate as Abandoned Certain Type 
Certificates Issued in the Restricted Category: International 
Helicopters, H5S0; Smith Helicopters, H8NM; Invest In Opportunities, 
Inc., H9WE; Helitech Corporation, H12WE; Pacific Aviation, H15WE; Joe 
G. Marrs, H2SO; Glacier Helicopter, Inc., H21NM; Charles D. Linza, 
H4WE; Sterling Aircraft Industries, H7WE; Heli Crane Corporation, HR-
35; Lassen Air, H11WE; U.S. Helicopter, R00009AT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent to designate certain type certificates issued 
in the restricted category as abandoned; request for comments.

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SUMMARY: This notice announces the FAA's intent to designate each of 
the above-cited Type Certificates issued in the Restricted Category 
(RCTC) as abandoned. The FAA has been unable to locate these RCTC 
holders concerning the continued airworthiness of the aircraft 
certificated under their type certificates. The Federal Aviation 
Regulations (FARs) require that type certificate (TC) holders report 
certain failures, malfunctions, and defects to the FAA. The FARs also 
require, upon request, that TC holders submit design changes to the FAA 
that are necessary to correct any unsafe condition in their products. 
The FAA has been unsuccessful in its attempt to contact each of the 
above listed TC holders by certified mail, by telephone, and Internet 
search. The FAA is responsible for surveillance of the RCTC holder's 
ability to perform continued operational safety (COS) management and 
oversight of each helicopter on their TC. This action is intended to 
ensure that each individual RCTCed helicopter is under a TC that has 
active COS management and oversight by a TC holder that can be subject 
to periodic safety audits by the FAA.

DATES: Comments must be received on or before October 7, 2003.

ADDRESSES: Comments on this notice must be submitted to the Federal 
Aviation Administration, Safety Management Group, ASW-112, Rotorcraft 
Directorate, Fort Worth, Texas 76193-0112 or electronically to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Charles Harrison, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Aircraft Certification Service, Fort 
Worth, Texas 76193-0112, telephone (817) 222-5128, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: This notice is intended to inform the public 
of the FAA's intent to designate certain Type Certificates issued in 
the Restricted Category as being abandoned and that no additional 
original airworthiness certificates will be issued against these type 
certificates (TC) designated as abandoned. The FAA has been unable to 
locate these TC holders concerning the continued airworthiness of the 
aircraft certificated under their type certificates. Among other 
regulatory requirements, 14 CFR 21.3 requires TC holders to report 
certain failures, malfunctions, and defects to the FAA; and 14 CFR 
21.99 requires, upon request, that TC holders submit design changes 
that are necessary to correct any unsafe condition in their products. 
To date, the FAA has been unsuccessful in its attempts to locate each 
of the above listed TC holders by certified mail, by telephone, and 
Internet search. The FAA is responsible for surveillance of the RCTC 
holder's ability to perform continued operational safety (COS) 
management and oversight of each helicopter on their TC. This action is 
not intended as a surrender, suspension, revocation, or termination of 
any TC as those terms are used in 14 CFR part 21. However, this action 
is intended to ensure that each individual RCTCed helicopter is under a 
TC that has active COS management and oversight by a TC holder that can 
be subject to periodic safety audits by the FAA. Periodic safety audits 
that the FAA performs on these TC holder's compliance with the FAA 
safety regulations relating to continued airworthiness of their 
helicopters cannot be accomplished if they cannot be located.
    Interested parties are invited to provide comments, written data, 
views, or arguments relating to this notice. Comments should be 
submitted in duplicate to the address specified above. All comments 
received on or before the closing date will be considered. All comments 
received will be available in the docket for examination by interested 
persons. Comments may be inspected at the office of the FAA, Rotorcraft 
Safety Management Group, Rotorcraft Directorate, 4th Floor, 2601 
Meacham Boulevard, Fort Worth, Texas, between 9 a.m. and 4 p.m. Monday 
through Friday, except Federal holidays.
    Background: Since the issuance of many of the RCTC's, there have 
been a large number of significant service difficulties that have been 
discovered on various models of surplus military aircraft certificated 
in the restricted category, particularly under 14 CFR 21.25. Some of 
these service difficulties have resulted in fatalities and led to the 
discovery of various continued operational safety problems in this 
fleet. Based on the numbers of significant service difficulties that 
are being discovered in the RCTC helicopter fleet, the FAA conducted an 
audit of the records of all known RCTC holders.
    As part of this audit, the FAA elevated its efforts to contact and 
review all of the RCTC holders for up-to-date information on their RCTC 
including the number of helicopters, the serial numbers (S/N), and the 
operators of those helicopters. This effort has revealed that there are 
helicopters listed on the FAA Aircraft Registry for which there is no 
COS management and oversight by the TC holder. The audit also revealed 
that there are many RCTC's that have been sold and not properly 
transferred to the new owner. Contacts with some RCTC holders also 
revealed that there were some certificates that were intentionally not 
managed for various reasons, however the RCTC was not surrendered. As 
part of the audit, the FAA also discovered that several RCTC holders 
could not be located and in some cases there were no active aircraft 
listed in the FAA Registry for certain RCTC's and in other cases there 
are active aircraft listed in the FAA Registry. The FAA attempted to 
contact and locate all of these RCTC holders by phone, certified 
letter, and Internet search. Several RCTC holders could not be located 
and have never

[[Page 47380]]

contacted the FAA after obtaining the TC for their aircraft.
    Discussion: The basis for issuance of a TC for a Restricted 
Category helicopter not only includes various reports and data, it 
requires that the applicant submit information about periodic 
inspections and maintenance to assure the continued operational safety 
of the helicopter. These TC holders are also required to meet certain 
COS requirements regardless of who owns or operates the aircraft. The 
FAA continues to monitor the safety performance of a helicopter design 
even after the type design is approved and the aircraft is introduced 
into service. This is accomplished through post-certification design 
reviews, various safety reports and data, discussions with operators, 
and reports from the TC holder.
    COS oversight and management is a safety requirement for every 
individual helicopter. This action is part of the FAA's continuing 
effort to oversee TC holder COS management of the aircraft on their TCs 
issued in the restricted category and to provide current information to 
the public as to the status of these TCs.
    The COS responsibilities of aircraft certificated by the FAA 
require that the TC holder remain in contact with all owners and 
operators of their aircraft in order to meet their regulatory safety 
obligations. For example, 14 CFR 21.3 requires that the TC holder 
report certain failures, malfunctions, or defects to the FAA within 24 
hours after it has been determined to be a reportable occurrence. That 
regulation also requires that if action is required to correct the 
defect, the data necessary for the issuance of an appropriate 
airworthiness directive shall also be submitted. In addition, the 
regulations make it clear that Instructions for Continuing 
Airworthiness, as well as appropriate approved design changes to a 
type-certificated aircraft that will contribute to the safety of a 
product, shall be made available to all owners and operators of that 
product.
    Since several TC holders cannot be located or contacted, the FAA 
cannot perform its auditing oversight function and determine whether 
the TC holder is in compliance with the regulatory requirements. 
Therefore, the TC holders that can not be located and are not properly 
managing the COS aspects of the helicopters listed on their TC are in 
default of their FAA regulatory obligations. Hence, the FAA proposes to 
``flag'' their TC and consider it abandoned. This notice is intended as 
notification to the public that the FAA intends to designate those TCs 
as abandoned and no additional original airworthiness certificates will 
be issued against these TCs designated as abandoned. There are FAA 
procedures in place to accommodate the transfer or surrender of a TC.
    To properly transfer a TC, FAA order 8110.4B, dated April 24, 2000, 
and 14 CFR 21.47 requires that the grantor, within thirty (30) days 
after the transfer of the TC, shall notify in writing the appropriate 
FAA Aircraft Certification Office. This notification must state the 
name and address of the transferee or licensee, date of the 
transaction, and in the case of a licensing agreement, the extent of 
authority granted the licensee. The recipient of a transferred TC 
accedes to all the privileges and all the responsibilities of the 
transferring TC holder, which includes the continued airworthiness 
responsibilities for all aircraft covered by that TC. Also, when a TC 
is transferred, FAA Order 8110.4B, dated April 24, 2000, states that 
the TC will be reissued. The proper procedures for transferring a TC 
are contained in FAA Order 8110.4B, dated April 24, 2000.
    The surrender of a TC for cancellation renders it ineffective. Upon 
surrender of a TC for cancellation, all associated privileges, such as 
those stated in 14 CFR 21.45, are extinguished. If a TC is surrendered 
for cancellation, no further aircraft may be placed on the TC. However, 
the TC surrender does not affect adversely the eligibility of any 
aircraft to seek conformity to another TC or eligibility for issuance 
of an airworthiness certificate if conformity can be established. To be 
airworthy, an aircraft must conform to its TC (or Supplemental Type 
Certificate), including its approved type design and applicable 
airworthiness directives, and must be in a condition for safe operation 
(49 USC 44704(d); 14 CFR 21.41).
    In order to meet the COS requirements of the FAA regulations, any 
owner or operator of a helicopter certificated under any of the cited 
type certificates that the FAA designates as abandoned, is encouraged 
to apply for their own type certificate in accordance with the 
applicable FAA Regulations or they may, with concurrence from another 
TC holder, conform their helicopter to that TC and add it to that COS-
managed TC.

    Dated: Issued in Fort Worth, Texas on July 23, 2003.
Kim Smith,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-19527 Filed 8-7-03; 8:45 am]
BILLING CODE 4910-13-M