80_FR_68813 80 FR 68599 - Aviation Rulemaking Advisory Committee-New Task

80 FR 68599 - Aviation Rulemaking Advisory Committee-New Task

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 214 (November 5, 2015)

Page Range68599-68602
FR Document2015-28151

The FAA assigned the Aviation Rulemaking Advisory Committee (ARAC) a new task to provide recommendations regarding occupant protection rulemaking in normal and transport category rotorcraft for older certification basis type designs that are still in production. The FAA amended regulations to incorporate occupant protection rules, including those for emergency landing conditions and fuel system crash resistance, for new type designs in the 1980s and 1990s. These rule changes do not apply to newly manufactured rotorcraft with older type designs or to derivative type designs that keep the certification basis of the original type design. This approach has resulted in a very low incorporation rate of occupant protection features into the rotorcraft fleet, and fatal accidents remain unacceptably high. At the end of 2014, only 16% of U.S. fleet had complied with the crash resistant fuel system requirements effective 20 years earlier, and only 10% had complied with the emergency landing requirements effective 25 years earlier. A recent fatal accident study has shown these measures would have been effective in saving lives. This notice informs the public of the new ARAC activity and solicits membership for the new Rotorcraft Occupant Protection Working Group.

Federal Register, Volume 80 Issue 214 (Thursday, November 5, 2015)
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68599-68602]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28151]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Aviation Rulemaking Advisory Committee--New Task

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of a new task assignment for the Aviation Rulemaking 
Advisory Committee.

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

SUMMARY: The FAA assigned the Aviation Rulemaking Advisory Committee 
(ARAC) a new task to provide recommendations regarding occupant 
protection rulemaking in normal and transport category rotorcraft for 
older certification basis type designs that are still in production. 
The FAA amended regulations to incorporate occupant protection rules, 
including those for emergency landing conditions and fuel system crash 
resistance, for new type designs in the 1980s and 1990s. These rule 
changes do not apply to newly manufactured rotorcraft with older type 
designs or to derivative type designs that keep the certification basis 
of the original type design. This approach has resulted in a very low 
incorporation rate of occupant protection features into the rotorcraft 
fleet, and fatal accidents remain unacceptably high. At the end of 
2014, only 16% of U.S. fleet had complied with the crash resistant fuel 
system requirements effective 20 years earlier, and only 10% had 
complied with the emergency landing requirements effective 25 years 
earlier. A recent fatal accident study has shown these measures would 
have been effective in saving lives.
    This notice informs the public of the new ARAC activity and 
solicits

[[Page 68600]]

membership for the new Rotorcraft Occupant Protection Working Group.

FOR FURTHER INFORMATION CONTACT: Martin R. Crane, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, Texas 76177, 
[email protected], phone number 817-222-5110, facsimile number 
817-222-5961.

SUPPLEMENTARY INFORMATION:

ARAC Acceptance of Task

    As a result of the September 17, 2015, ARAC meeting, the FAA 
assigned and ARAC accepted this task establishing the Rotorcraft 
Occupant Protection Working Group. The Rotorcraft Occupant Protection 
Working Group will serve as staff to the ARAC and provide advice and 
recommendations on the assigned task. The ARAC will review and accept 
the recommendation report and will submit it to the FAA.

 Background

    The FAA established the ARAC to provide information, advice, and 
recommendations on aviation-related issues that could result in 
rulemaking to the FAA Administrator, through the Associate 
Administrator of Aviation Safety.
    The Rotorcraft Occupant Protection Working Group will provide 
advice and recommendations to the ARAC on occupant protection 
rulemaking, including both initial certification and continued 
airworthiness. The basic concept of occupant protection is to give all 
occupants the greatest possible chance to egress an aircraft without 
serious injury after a survivable emergency landing or accident. While 
the number of U.S. helicopter accidents and the corresponding accident 
rate over the past 10 years have steadily decreased, during that same 
time period data associated with fatal helicopter accidents and 
fatalities remains virtually unchanged. A number of regulations were 
promulgated in the 1980s and 1990s to address and greatly improve 
occupant protection in a survivable emergency landing or accident. 
These occupant protection improvements involve seat systems that reduce 
the likelihood of fatal injuries to the occupant in a crash (14 CFR 
27.562, 27.785, 29.562, and 29.785); structural requirements that 
maintain a survivable volume and restrain large items of mass above and 
behind the occupant (14 CFR 27.561 and 29.561); and fuel systems that 
reduce the likelihood of an immediate post-crash fire (14 CFR 27.952 
and 29.952). If the occupant protection improvement rules are not 
incorporated in new production helicopters, there will be no meaningful 
reduction in the number of fatalities in helicopter accidents.
    Following a series of accidents involving post-crash fires, the 
Australian Civil Aviation Safety Authority asked the FAA for assistance 
in determining the airworthiness of certain helicopters. This request 
resulted in a collaborative post-crash fire/blunt force trauma study 
performed by the FAA's Rotorcraft Directorate and Civil Aerospace 
Medical Institute (CAMI). The data consisted of 97 fatal accidents 
involving U.S. registered, type-certificated helicopters in a five-year 
timeframe from 2008 to 2013. Part 27 rotorcraft comprised the largest 
mass of data (87 of 97 fatal accidents, 90% of the total) in the study. 
The post-crash fire portion of the study found that post-crash fires 
occurred in 30 of 76 (39%) of fatal accidents involving part 27 
helicopters without fuel systems that meet the full crash resistance 
requirements of 14 CFR 27.952. The post-crash fire contributed to a 
fatality in 20% of these fatal accidents. While the data set for part 
29 rotorcraft was much smaller (10 of 97 fatal accidents, 10% of the 
total), the results were comparable. Through the course of the study, 
the Rotorcraft Directorate further discovered that there were only 
about 16% of U.S. registered, type-certificated rotorcraft that fully 
complied with the fuel system crash resistance provisions in Sec. Sec.  
27.952 and 29.952, despite those rules having been in effect for 20 
years at the time of the study.
    In the time since increased rotorcraft occupant protection 
standards became effective as federal regulations, research efforts 
have studied injury patterns in fatal rotorcraft accidents. In April 
2003, Aviation, Space, and Environmental Medicine published Narinder 
Taneja and Douglas A. Wiegmann's ``Analysis of Injuries Among Pilots 
Killed in Fatal Helicopter Accidents.'' Using autopsy data from 1993 to 
1999, Taneja and Wiegmann analyzed the pattern of specific bony 
injuries (ribs, skull, and pelvis) and organ/visceral injuries (brain, 
lung, and heart) documented in 74 fatal rotorcraft accidents. They 
found blunt trauma as the cause of death in 88% of the cases, with the 
highest percentages of injuries to the head and core body regions. 
Among the implications cited in their study was, ``Protection of the 
occupants exposed to a crash is a realistic objective that can be 
achieved if crashworthiness becomes a primary element of initial 
helicopter design and future upgrade programs.''
    The second component of the Rotorcraft Directorate/CAMI study 
involved blunt force trauma. Blunt force trauma accounted for cause of 
death in 92% of the 2008-2013 fatal accident data. In addition, blunt 
force trauma also was the cause of death in 80% of the part 27 fatal 
rotorcraft accidents where a post-crash fire occurred. The Rotorcraft 
Directorate and CAMI built their study using the framework and 
methodology previously established by Taneja and Wiegmann's 2003 study. 
Further, they used the percentages of bony injuries and organ/visceral 
injuries documented in Taneja and Wiegmann's study as a baseline for 
comparison. The intent was to see if a statistically significant change 
occurred in blunt force trauma injury patterns in fatal rotorcraft 
accidents in the 10 years since the previous study. They concluded 
there was no statistically significant difference across most 
categories of bony injuries and across all categories of organ/visceral 
injuries. The Rotorcraft Directorate further discovered that only 10% 
of U.S. registered, type-certificated rotorcraft complied with 
increased occupant protection measures related to blunt force trauma 
mandated in the Sec. Sec.  27.562 and 29.562 rules, despite the rules 
being in effect for 25 years at the time of the study. The provisions 
of Sec. Sec.  27.562 and 29.562 were specifically designed for 
increased protection of the head and core body regions, the same 
regions documented with the highest levels of injury in the fatal 
accident studies conducted by Taneja and Wiegmann and the Rotorcraft 
Directorate/CAMI.
    Additional research found that about 9,000 occupants had been 
involved in U.S. helicopter accidents in the 25 years since Sec. Sec.  
27.562 and 29.562 became effective. Only 2% of helicopters in those 
accidents were compliant with Sec. Sec.  27.562 and 29.562. Over 1,300 
occupants were killed in accidents involving the 98% of helicopters 
that were not compliant with Sec. Sec.  27.562 and 29.562.

The Task

    The Rotorcraft Occupant Protection Working Group is tasked to:
    1. Perform a cost-benefit analysis for incorporating the existing 
occupant protection standards 14 CFR 27.561, 27.562, 27.785, 27.952, 
29.561, 29.562, 29.785, and 29.952 via Sec. Sec.  27.2 and 29.2 for 
newly manufactured rotorcraft that addresses the following:
    a. Estimate what the regulated parties would do differently as a 
result of the proposed regulation and how much it would cost.
    b. Estimate the improvement in survivability of future accidents.
    c. Estimate any other benefits (e.g., reduced administrative 
burden) or costs

[[Page 68601]]

that would result from implementation of the occupant protection 
standards identified above.
    2. Develop a cost-benefit analysis report containing the 
information explained in task 1 above.
    3. After the FAA accepts and considers the cost benefit analysis 
report, the FAA will task the Rotorcraft Occupant Protection Working 
Group either to make specific written recommendations on how all or 
part of the existing occupant protection standards 14 CFR 27.561, 
27.562, 27.785, 27.952, 29.561, 29.562, 29.785, and 29.952 should be 
made effective via Sec. Sec.  27.2 and 29.2 for newly manufactured 
rotorcraft, or to propose new alternative performance-based occupant 
protection safety regulations for newly manufactured rotorcraft that 
will be effective via Sec. Sec.  27.2 and 29.2.
    4. If new alternative performance-based occupant protection safety 
regulations effective via Sec. Sec.  27.2 and 29.2 are proposed, 
perform a cost-benefit analysis that addresses the following:
    a. Estimate what the regulated parties would do differently as a 
result of the proposed regulation and how much it would cost.
    b. Estimate the improvement in survivability of future accidents 
from the proposed recommendations.
    c. Estimate any other benefits (e.g., reduced administrative 
burden) or costs that would result from implementation of the 
recommendations.
    5. Develop an initial report containing recommendations on the 
findings and results of the tasks explained above.
    a. The initial recommendation report should document both majority 
and dissenting positions on the findings and the rationale for each 
position.
    b. Any disagreements should be documented, including the rationale 
for each position and the reasons for the disagreement.
    6. Complete the following after the FAA accepts the initial 
recommendation report identified in task 5:
    a. Specifically advise and make written recommendations on 
incorporating rotorcraft occupant protection improvements and standards 
into the existing rotorcraft fleet. Occupant protection standards 
include either all or part of 14 CFR 27.561, 27.562, 27.785, 27.952, 
29.561, 29.562, 29.785, and 29.952, or new alternative proposed 
performance-based regulations.
    b. Develop an addendum report containing recommendations on the 
findings and results of the tasks explained above.
    c. Document both majority and dissenting positions on the findings 
and the rationale for each position.
    d. Any disagreements should be documented, including the rationale 
for each position and the reasons for the disagreement.
    7. The working group may be reinstated to assist the ARAC in 
responding to the FAA's questions or concerns after the recommendation 
report has been submitted.

Schedule

    This tasking notice requires three reports.
     The task 2 cost-benefit analysis report must be submitted 
to the FAA for review and acceptance no later than 6 months after 
publication of this notice in the Federal Register.
     The task 5 initial recommendation report must be submitted 
to the FAA for review and acceptance no later than 12 months after 
initiation of task 3 above.
     The task 6 addendum recommendation report must be 
submitted to the FAA for review and acceptance no later than 6 months 
after the initial recommendation report is submitted.

Working Group Activity

    The Rotorcraft Occupant Protection Working Group must comply with 
the procedures adopted by the ARAC as follows:
    1. Conduct a review and analysis of the assigned tasks and any 
other related materials or documents.
    2. Draft and submit a work plan for completion of the task, 
including the rationale supporting such a plan, for consideration by 
the ARAC.
    3. Provide a status report at each ARAC meeting.
    4. Draft and submit the recommendation reports based on review and 
analysis of the assigned tasks.
    5. Present the cost-benefit analysis report in task 2 at the ARAC 
meeting.
    6. Present the initial recommendation report at the ARAC meeting.
    7. Present the findings from the addendum recommendation report at 
the ARAC meeting.

Participation in the Working Group

    The Rotorcraft Occupant Protection Working Group will be comprised 
of technical experts having an interest in the assigned task. A working 
group member need not be a member representative of the ARAC. The FAA 
would like a wide range of members (normal category rotorcraft 
manufacturers, transport category rotorcraft manufacturers, and 
rotorcraft operators from various segments of the industry such as oil 
and gas exploration, emergency medical services, and air tour 
operators) to ensure all aspects of the tasks are considered in 
development of the recommendations. The provisions of the August 13, 
2014, Office of Management and Budget guidance, ``Revised Guidance on 
Appointment of Lobbyists to Federal Advisory Committees, Boards, and 
Commissions'' (79 FR 47482), continues the ban on registered lobbyists 
participating on Agency Boards and Commissions if participating in 
their ``individual capacity.'' The revised guidance now allows 
registered lobbyists to participate on Agency Boards and Commissions in 
a ``representative capacity'' for the ``express purpose of providing a 
committee with the views of a nongovernmental entity, a recognizable 
group of persons or nongovernmental entities (an industry, sector, 
labor unions, or environmental groups, etc.) or state or local 
government.'' (For further information see Lobbying Disclosure Act of 
1995 as amended, 2 U.S.C 1603, 1604, and 1605.)
    If you wish to become a member of the Rotorcraft Occupant 
Protection Working Group, write the person listed under the caption FOR 
FURTHER INFORMATION CONTACT expressing that desire. Describe your 
interest in the task and state the expertise you would bring to the 
working group. The FAA must receive all requests by December 7, 2015. 
The ARAC and the FAA will review the requests and advise you whether or 
not your request is approved.
    If you are chosen for membership on the working group, you must 
actively participate in the working group, attend all meetings, and 
provide written comments when requested. You must devote the resources 
necessary to support the working group in meeting any assigned 
deadlines. You must keep your management and those you may represent 
advised of working group activities and decisions to ensure the 
proposed technical solutions do not conflict with the position of those 
you represent. Once the working group has begun deliberations, members 
will not be added or substituted without the approval of the ARAC 
Chair, the FAA, including the Designated Federal Officer, and the 
Working Group Chair.
    The Secretary of Transportation determined the formation and use of 
the ARAC is necessary and in the public interest in connection with the 
performance of duties imposed on the FAA by law.
    The ARAC meetings are open to the public. However, meetings of the

[[Page 68602]]

Rotorcraft Occupant Protection Working Group are not open to the 
public, except to the extent individuals with an interest and expertise 
are selected to participate. The FAA will make no public announcement 
of working group meetings.

    Issued in Washington, DC, on October 30, 2015.
Lirio Liu,
Designated Federal Officer, Aviation Rulemaking Advisory Committee.
[FR Doc. 2015-28151 Filed 11-4-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices                                                68599

                                                  time segments does not create an undue                     temporarily suspend such rule change if               office of the Exchange. All comments
                                                  burden on competition, rather, it                          it appears to the Commission that such                received will be posted without change;
                                                  provides the Market Maker with clarity                     action is: (i) Necessary or appropriate in            the Commission does not edit personal
                                                  as to the manner in which the System                       the public interest; (ii) for the protection          identifying information from
                                                  counts quotes and orders and thereby                       of investors; or (iii) otherwise in                   submissions. You should submit only
                                                  provides NOM Market Makers with an                         furtherance of the purposes of the Act.               information that you wish to make
                                                  increased ability to monitor                               If the Commission takes such action, the              available publicly. All submissions
                                                  transactions.                                              Commission shall institute proceedings                should refer to File Number SR–
                                                                                                             to determine whether the proposed rule                NASDAQ–2015–122 and should be
                                                  Rounding                                                   should be approved or disapproved. The                submitted on or before November 27,
                                                    The Exchange’s amendment to add                          Exchange has provided the Commission                  2015.
                                                  that if the Issue Percentage, rounded to                   written notice of its intent to file the                 For the Commission, by the Division of
                                                  the nearest integer, equals or exceeds                     proposed rule change, along with a brief              Trading and Markets, pursuant to delegated
                                                  the Specified Percentage, the System                       description and text of the proposed                  authority.30
                                                  automatically removes a Market Maker’s                     rule change, at least five business days              Jill M. Peterson,
                                                  quotes and orders in all series of an                      prior to the date of filing of the                    Assistant Secretary.
                                                  underlying security does not create an                     proposed rule change.
                                                                                                                                                                   [FR Doc. 2015–28143 Filed 11–4–15; 8:45 am]
                                                  undue burden on competition because
                                                                                                             IV. Solicitation of Comments                          BILLING CODE 8011–01–P
                                                  this amendment also provides the
                                                  Market Maker with clarity as to the                          Interested persons are invited to
                                                  manner in which the System will                            submit written data, views, and
                                                  remove quotes and orders and thereby                       arguments concerning the foregoing,                   DEPARTMENT OF TRANSPORTATION
                                                  provides NOM Market Makers with an                         including whether the proposed rule
                                                                                                             change is consistent with the Act.                    Federal Aviation Administration
                                                  increased ability to monitor transactions
                                                  and set risk limits.                                       Comments may be submitted by any of
                                                                                                                                                                   Aviation Rulemaking Advisory
                                                                                                             the following methods:
                                                  Reset                                                                                                            Committee—New Task
                                                                                                             Electronic Comments
                                                    The amendment to the rule text                                                                                 AGENCY:  Federal Aviation
                                                  concerning resetting does not create an                      • Use the Commission’s Internet                     Administration (FAA), DOT.
                                                  undue burden on competition. The                           comment form (http://www.sec.gov/                     ACTION: Notice of a new task assignment
                                                  Exchange proposes to amend the                             rules/sro.shtml); or                                  for the Aviation Rulemaking Advisory
                                                  manner in which a Market Maker may                           • Send an email to rule-comments@                   Committee.
                                                  re-enter the System after a removal of                     sec.gov. Please include File Number SR–
                                                  quotes and orders. This amendment                          NASDAQ–2015–122 on the subject line.                  SUMMARY:    The FAA assigned the
                                                  provides information to NOM Market                         Paper Comments                                        Aviation Rulemaking Advisory
                                                  Makers as to the procedure to re-enter                                                                           Committee (ARAC) a new task to
                                                                                                                • Send paper comments in triplicate                provide recommendations regarding
                                                  the System after a trigger. This                           to Brent J. Fields, Secretary, Securities
                                                  information is intended to provide NOM                                                                           occupant protection rulemaking in
                                                                                                             and Exchange Commission, 100 F Street                 normal and transport category rotorcraft
                                                  Market Makers with access to the                           NE., Washington, DC 20549–1090.
                                                  market.                                                                                                          for older certification basis type designs
                                                                                                             All submissions should refer to File                  that are still in production. The FAA
                                                  C. Self-Regulatory Organization’s                          Number SR–NASDAQ–2015–122. This                       amended regulations to incorporate
                                                  Statement on Comments on the                               file number should be included on the                 occupant protection rules, including
                                                  Proposed Rule Change Received From                         subject line if email is used. To help the            those for emergency landing conditions
                                                  Members, Participants, or Others                           Commission process and review your                    and fuel system crash resistance, for
                                                    No written comments were either                          comments more efficiently, please use                 new type designs in the 1980s and
                                                  solicited or received.                                     only one method. The Commission will                  1990s. These rule changes do not apply
                                                                                                             post all comments on the Commission’s                 to newly manufactured rotorcraft with
                                                  III. Date of Effectiveness of the                          Internet Web site (http://www.sec.gov/                older type designs or to derivative type
                                                  Proposed Rule Change and Timing for                        rules/sro.shtml). Copies of the                       designs that keep the certification basis
                                                  Commission Action                                          submission, all subsequent                            of the original type design. This
                                                     Because the foregoing proposed rule                     amendments, all written statements                    approach has resulted in a very low
                                                  change does not: (i) Significantly affect                  with respect to the proposed rule                     incorporation rate of occupant
                                                  the protection of investors or the public                  change that are filed with the                        protection features into the rotorcraft
                                                  interest; (ii) impose any significant                      Commission, and all written                           fleet, and fatal accidents remain
                                                  burden on competition; and (iii) become                    communications relating to the                        unacceptably high. At the end of 2014,
                                                  operative for 30 days from the date on                     proposed rule change between the                      only 16% of U.S. fleet had complied
                                                  which it was filed, or such shorter time                   Commission and any person, other than                 with the crash resistant fuel system
                                                  as the Commission may designate, it has                    those that may be withheld from the                   requirements effective 20 years earlier,
                                                  become effective pursuant to Section                       public in accordance with the                         and only 10% had complied with the
                                                  19(b)(3)(A)(iii) of the Act 28 and                         provisions of 5 U.S.C. 552, will be                   emergency landing requirements
                                                                                                             available for Web site viewing and
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  subparagraph (f)(6) of Rule 19b–4                                                                                effective 25 years earlier. A recent fatal
                                                  thereunder.29                                              printing in the Commission’s Public                   accident study has shown these
                                                     At any time within 60 days of the                       Reference Room, 100 F Street NE.,                     measures would have been effective in
                                                  filing of the proposed rule change, the                    Washington, DC 20549, on official                     saving lives.
                                                  Commission summarily may                                   business days between the hours of                       This notice informs the public of the
                                                                                                             10:00 a.m. and 3:00 p.m. Copies of the                new ARAC activity and solicits
                                                    28 15   U.S.C. 78s(b)(3)(a)(iii).                        filing also will be available for
                                                    29 17   CFR 240.19b–4(f)(6).                             inspection and copying at the principal                 30 17   CFR 200.30–3(a)(12).



                                             VerDate Sep<11>2014      15:06 Nov 04, 2015   Jkt 238001   PO 00000   Frm 00108   Fmt 4703   Sfmt 4703   E:\FR\FM\05NON1.SGM     05NON1


                                                  68600                      Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices

                                                  membership for the new Rotorcraft                       helicopters, there will be no meaningful              trauma accounted for cause of death in
                                                  Occupant Protection Working Group.                      reduction in the number of fatalities in              92% of the 2008–2013 fatal accident
                                                  FOR FURTHER INFORMATION CONTACT:                        helicopter accidents.                                 data. In addition, blunt force trauma
                                                  Martin R. Crane, Federal Aviation                          Following a series of accidents                    also was the cause of death in 80% of
                                                  Administration, 10101 Hillwood                          involving post-crash fires, the                       the part 27 fatal rotorcraft accidents
                                                  Parkway, Fort Worth, Texas 76177,                       Australian Civil Aviation Safety                      where a post-crash fire occurred. The
                                                  Martin.R.Crane@faa.gov, phone number                    Authority asked the FAA for assistance                Rotorcraft Directorate and CAMI built
                                                  817–222–5110, facsimile number 817–                     in determining the airworthiness of                   their study using the framework and
                                                  222–5961.                                               certain helicopters. This request                     methodology previously established by
                                                                                                          resulted in a collaborative post-crash                Taneja and Wiegmann’s 2003 study.
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          fire/blunt force trauma study performed               Further, they used the percentages of
                                                  ARAC Acceptance of Task                                 by the FAA’s Rotorcraft Directorate and               bony injuries and organ/visceral injuries
                                                                                                          Civil Aerospace Medical Institute                     documented in Taneja and Wiegmann’s
                                                    As a result of the September 17, 2015,
                                                                                                          (CAMI). The data consisted of 97 fatal                study as a baseline for comparison. The
                                                  ARAC meeting, the FAA assigned and
                                                                                                          accidents involving U.S. registered,                  intent was to see if a statistically
                                                  ARAC accepted this task establishing
                                                                                                          type-certificated helicopters in a five-              significant change occurred in blunt
                                                  the Rotorcraft Occupant Protection
                                                                                                          year timeframe from 2008 to 2013. Part                force trauma injury patterns in fatal
                                                  Working Group. The Rotorcraft
                                                                                                          27 rotorcraft comprised the largest mass              rotorcraft accidents in the 10 years since
                                                  Occupant Protection Working Group                       of data (87 of 97 fatal accidents, 90% of             the previous study. They concluded
                                                  will serve as staff to the ARAC and                     the total) in the study. The post-crash               there was no statistically significant
                                                  provide advice and recommendations                      fire portion of the study found that post-            difference across most categories of
                                                  on the assigned task. The ARAC will                     crash fires occurred in 30 of 76 (39%)                bony injuries and across all categories of
                                                  review and accept the recommendation                    of fatal accidents involving part 27                  organ/visceral injuries. The Rotorcraft
                                                  report and will submit it to the FAA.                   helicopters without fuel systems that                 Directorate further discovered that only
                                                  Background                                              meet the full crash resistance                        10% of U.S. registered, type-certificated
                                                                                                          requirements of 14 CFR 27.952. The                    rotorcraft complied with increased
                                                     The FAA established the ARAC to
                                                                                                          post-crash fire contributed to a fatality             occupant protection measures related to
                                                  provide information, advice, and
                                                                                                          in 20% of these fatal accidents. While                blunt force trauma mandated in the
                                                  recommendations on aviation-related                     the data set for part 29 rotorcraft was
                                                  issues that could result in rulemaking to                                                                     §§ 27.562 and 29.562 rules, despite the
                                                                                                          much smaller (10 of 97 fatal accidents,               rules being in effect for 25 years at the
                                                  the FAA Administrator, through the                      10% of the total), the results were
                                                  Associate Administrator of Aviation                                                                           time of the study. The provisions of
                                                                                                          comparable. Through the course of the                 §§ 27.562 and 29.562 were specifically
                                                  Safety.                                                 study, the Rotorcraft Directorate further
                                                     The Rotorcraft Occupant Protection                                                                         designed for increased protection of the
                                                                                                          discovered that there were only about                 head and core body regions, the same
                                                  Working Group will provide advice and                   16% of U.S. registered, type-certificated
                                                  recommendations to the ARAC on                                                                                regions documented with the highest
                                                                                                          rotorcraft that fully complied with the               levels of injury in the fatal accident
                                                  occupant protection rulemaking,                         fuel system crash resistance provisions
                                                  including both initial certification and                                                                      studies conducted by Taneja and
                                                                                                          in §§ 27.952 and 29.952, despite those                Wiegmann and the Rotorcraft
                                                  continued airworthiness. The basic                      rules having been in effect for 20 years
                                                  concept of occupant protection is to give                                                                     Directorate/CAMI.
                                                                                                          at the time of the study.                                Additional research found that about
                                                  all occupants the greatest possible                        In the time since increased rotorcraft             9,000 occupants had been involved in
                                                  chance to egress an aircraft without                    occupant protection standards became                  U.S. helicopter accidents in the 25 years
                                                  serious injury after a survivable                       effective as federal regulations, research            since §§ 27.562 and 29.562 became
                                                  emergency landing or accident. While                    efforts have studied injury patterns in               effective. Only 2% of helicopters in
                                                  the number of U.S. helicopter accidents                 fatal rotorcraft accidents. In April 2003,            those accidents were compliant with
                                                  and the corresponding accident rate                     Aviation, Space, and Environmental                    §§ 27.562 and 29.562. Over 1,300
                                                  over the past 10 years have steadily                    Medicine published Narinder Taneja                    occupants were killed in accidents
                                                  decreased, during that same time period                 and Douglas A. Wiegmann’s ‘‘Analysis                  involving the 98% of helicopters that
                                                  data associated with fatal helicopter                   of Injuries Among Pilots Killed in Fatal              were not compliant with §§ 27.562 and
                                                  accidents and fatalities remains                        Helicopter Accidents.’’ Using autopsy                 29.562.
                                                  virtually unchanged. A number of                        data from 1993 to 1999, Taneja and
                                                  regulations were promulgated in the                     Wiegmann analyzed the pattern of                      The Task
                                                  1980s and 1990s to address and greatly                  specific bony injuries (ribs, skull, and                The Rotorcraft Occupant Protection
                                                  improve occupant protection in a                        pelvis) and organ/visceral injuries                   Working Group is tasked to:
                                                  survivable emergency landing or                         (brain, lung, and heart) documented in                  1. Perform a cost-benefit analysis for
                                                  accident. These occupant protection                     74 fatal rotorcraft accidents. They found             incorporating the existing occupant
                                                  improvements involve seat systems that                  blunt trauma as the cause of death in                 protection standards 14 CFR 27.561,
                                                  reduce the likelihood of fatal injuries to              88% of the cases, with the highest                    27.562, 27.785, 27.952, 29.561, 29.562,
                                                  the occupant in a crash (14 CFR 27.562,                 percentages of injuries to the head and               29.785, and 29.952 via §§ 27.2 and 29.2
                                                  27.785, 29.562, and 29.785); structural                 core body regions. Among the                          for newly manufactured rotorcraft that
                                                  requirements that maintain a survivable                 implications cited in their study was,                addresses the following:
                                                  volume and restrain large items of mass
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                                                                                                          ‘‘Protection of the occupants exposed to                a. Estimate what the regulated parties
                                                  above and behind the occupant (14 CFR                   a crash is a realistic objective that can             would do differently as a result of the
                                                  27.561 and 29.561); and fuel systems                    be achieved if crashworthiness becomes                proposed regulation and how much it
                                                  that reduce the likelihood of an                        a primary element of initial helicopter               would cost.
                                                  immediate post-crash fire (14 CFR                       design and future upgrade programs.’’                   b. Estimate the improvement in
                                                  27.952 and 29.952). If the occupant                        The second component of the                        survivability of future accidents.
                                                  protection improvement rules are not                    Rotorcraft Directorate/CAMI study                       c. Estimate any other benefits (e.g.,
                                                  incorporated in new production                          involved blunt force trauma. Blunt force              reduced administrative burden) or costs


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                                                                             Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices                                           68601

                                                  that would result from implementation                     c. Document both majority and                       operators from various segments of the
                                                  of the occupant protection standards                    dissenting positions on the findings and              industry such as oil and gas exploration,
                                                  identified above.                                       the rationale for each position.                      emergency medical services, and air
                                                     2. Develop a cost-benefit analysis                     d. Any disagreements should be                      tour operators) to ensure all aspects of
                                                  report containing the information                       documented, including the rationale for               the tasks are considered in development
                                                  explained in task 1 above.                              each position and the reasons for the                 of the recommendations. The provisions
                                                     3. After the FAA accepts and                         disagreement.                                         of the August 13, 2014, Office of
                                                  considers the cost benefit analysis                       7. The working group may be                         Management and Budget guidance,
                                                  report, the FAA will task the Rotorcraft                reinstated to assist the ARAC in                      ‘‘Revised Guidance on Appointment of
                                                  Occupant Protection Working Group                       responding to the FAA’s questions or                  Lobbyists to Federal Advisory
                                                  either to make specific written                         concerns after the recommendation                     Committees, Boards, and Commissions’’
                                                  recommendations on how all or part of                   report has been submitted.                            (79 FR 47482), continues the ban on
                                                  the existing occupant protection                                                                              registered lobbyists participating on
                                                                                                          Schedule                                              Agency Boards and Commissions if
                                                  standards 14 CFR 27.561, 27.562,
                                                  27.785, 27.952, 29.561, 29.562, 29.785,                   This tasking notice requires three                  participating in their ‘‘individual
                                                  and 29.952 should be made effective via                 reports.                                              capacity.’’ The revised guidance now
                                                                                                            • The task 2 cost-benefit analysis                  allows registered lobbyists to participate
                                                  §§ 27.2 and 29.2 for newly
                                                                                                          report must be submitted to the FAA for               on Agency Boards and Commissions in
                                                  manufactured rotorcraft, or to propose
                                                                                                          review and acceptance no later than 6                 a ‘‘representative capacity’’ for the
                                                  new alternative performance-based
                                                                                                          months after publication of this notice               ‘‘express purpose of providing a
                                                  occupant protection safety regulations
                                                                                                          in the Federal Register.                              committee with the views of a
                                                  for newly manufactured rotorcraft that
                                                                                                            • The task 5 initial recommendation                 nongovernmental entity, a recognizable
                                                  will be effective via §§ 27.2 and 29.2.
                                                                                                          report must be submitted to the FAA for               group of persons or nongovernmental
                                                     4. If new alternative performance-                   review and acceptance no later than 12                entities (an industry, sector, labor
                                                  based occupant protection safety                        months after initiation of task 3 above.              unions, or environmental groups, etc.)
                                                  regulations effective via §§ 27.2 and 29.2                • The task 6 addendum                               or state or local government.’’ (For
                                                  are proposed, perform a cost-benefit                    recommendation report must be                         further information see Lobbying
                                                  analysis that addresses the following:                  submitted to the FAA for review and                   Disclosure Act of 1995 as amended, 2
                                                     a. Estimate what the regulated parties               acceptance no later than 6 months after               U.S.C 1603, 1604, and 1605.)
                                                  would do differently as a result of the                 the initial recommendation report is                     If you wish to become a member of
                                                  proposed regulation and how much it                     submitted.                                            the Rotorcraft Occupant Protection
                                                  would cost.                                                                                                   Working Group, write the person listed
                                                     b. Estimate the improvement in                       Working Group Activity                                under the caption FOR FURTHER
                                                  survivability of future accidents from                    The Rotorcraft Occupant Protection                  INFORMATION CONTACT expressing that
                                                  the proposed recommendations.                           Working Group must comply with the                    desire. Describe your interest in the task
                                                     c. Estimate any other benefits (e.g.,                procedures adopted by the ARAC as                     and state the expertise you would bring
                                                  reduced administrative burden) or costs                 follows:                                              to the working group. The FAA must
                                                  that would result from implementation                     1. Conduct a review and analysis of                 receive all requests by December 7,
                                                  of the recommendations.                                 the assigned tasks and any other related              2015. The ARAC and the FAA will
                                                     5. Develop an initial report containing              materials or documents.                               review the requests and advise you
                                                  recommendations on the findings and                       2. Draft and submit a work plan for                 whether or not your request is
                                                  results of the tasks explained above.                   completion of the task, including the                 approved.
                                                     a. The initial recommendation report                 rationale supporting such a plan, for                    If you are chosen for membership on
                                                  should document both majority and                       consideration by the ARAC.                            the working group, you must actively
                                                  dissenting positions on the findings and                  3. Provide a status report at each                  participate in the working group, attend
                                                  the rationale for each position.                        ARAC meeting.                                         all meetings, and provide written
                                                                                                            4. Draft and submit the                             comments when requested. You must
                                                     b. Any disagreements should be
                                                                                                          recommendation reports based on                       devote the resources necessary to
                                                  documented, including the rationale for
                                                                                                          review and analysis of the assigned                   support the working group in meeting
                                                  each position and the reasons for the
                                                                                                          tasks.                                                any assigned deadlines. You must keep
                                                  disagreement.
                                                                                                            5. Present the cost-benefit analysis                your management and those you may
                                                     6. Complete the following after the                  report in task 2 at the ARAC meeting.                 represent advised of working group
                                                  FAA accepts the initial recommendation                    6. Present the initial recommendation               activities and decisions to ensure the
                                                  report identified in task 5:                            report at the ARAC meeting.                           proposed technical solutions do not
                                                     a. Specifically advise and make                        7. Present the findings from the                    conflict with the position of those you
                                                  written recommendations on                              addendum recommendation report at                     represent. Once the working group has
                                                  incorporating rotorcraft occupant                       the ARAC meeting.                                     begun deliberations, members will not
                                                  protection improvements and standards                                                                         be added or substituted without the
                                                  into the existing rotorcraft fleet.                     Participation in the Working Group
                                                                                                                                                                approval of the ARAC Chair, the FAA,
                                                  Occupant protection standards include                     The Rotorcraft Occupant Protection                  including the Designated Federal
                                                  either all or part of 14 CFR 27.561,                    Working Group will be comprised of                    Officer, and the Working Group Chair.
                                                  27.562, 27.785, 27.952, 29.561, 29.562,                 technical experts having an interest in
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                                                                                                                                                                   The Secretary of Transportation
                                                  29.785, and 29.952, or new alternative                  the assigned task. A working group                    determined the formation and use of the
                                                  proposed performance-based                              member need not be a member                           ARAC is necessary and in the public
                                                  regulations.                                            representative of the ARAC. The FAA                   interest in connection with the
                                                     b. Develop an addendum report                        would like a wide range of members                    performance of duties imposed on the
                                                  containing recommendations on the                       (normal category rotorcraft                           FAA by law.
                                                  findings and results of the tasks                       manufacturers, transport category                        The ARAC meetings are open to the
                                                  explained above.                                        rotorcraft manufacturers, and rotorcraft              public. However, meetings of the


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                                                  68602                      Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices

                                                  Rotorcraft Occupant Protection Working                  at: http://www.regulations.gov/. Then                 remedying the recall noncompliance as
                                                  Group are not open to the public, except                follow the online search instructions to              required by 49 U.S.C. 30120 should be
                                                  to the extent individuals with an                       locate docket number ‘‘NHTSA–2015–                    granted.
                                                  interest and expertise are selected to                  0053.’’
                                                  participate. The FAA will make no                          II. Vehicles Involved: Affected are                NHTSA’s Decision
                                                  public announcement of working group                    approximately 4,208 MY 2015 MINI                         NHTSA’s Analysis: NHTSA believes
                                                  meetings.                                               Cooper, Cooper S hardtop 2 door, and                  that while written information was not
                                                    Issued in Washington, DC, on October 30,              Cooper S hardtop 4 door passenger cars                provided to vehicle owners describing
                                                  2015.                                                   manufactured from February 25, 2015 to                the installed head air bags (side curtain)
                                                  Lirio Liu,                                              April 24, 2015.                                       as vehicle occupant ejection mitigation
                                                                                                             III. Noncompliance: BMW explains
                                                  Designated Federal Officer, Aviation                                                                          countermeasures that deploy in the
                                                                                                          that written information describing the
                                                  Rulemaking Advisory Committee.                                                                                event of a rollover, the owner’s manuals
                                                                                                          ejection mitigation countermeasure
                                                  [FR Doc. 2015–28151 Filed 11–4–15; 8:45 am]                                                                   for the affected vehicles otherwise
                                                                                                          installed in the vehicles was not
                                                  BILLING CODE 4910–13–P                                                                                        effectively describe, and illustrate the
                                                                                                          provided to the vehicle consumers as
                                                                                                                                                                location of, the head air bags. NHTSA
                                                                                                          required by paragraph S4.2.3(a) of
                                                                                                          FMVSS No. 226.                                        also believes that the status of the head
                                                  DEPARTMENT OF TRANSPORTATION                                                                                  air bags is monitored by the vehicle’s air
                                                                                                             IV. Rule Text: Paragraph S4.2.3 of
                                                                                                          FMVSS No. 226 requires in pertinent                   bag readiness indicator intended to
                                                  National Highway Traffic Safety                                                                               show operational readiness of the entire
                                                  Administration                                          part:
                                                                                                                                                                airbag system. Therefore, drivers should
                                                                                                             S4.2.3 Written information.                        be alerted to a malfunction of the head
                                                  [Docket No. NHTSA–2015–0053; Notice 2]
                                                                                                             (a) Vehicles with an ejection mitigation
                                                                                                          countermeasure that deploys in the event of
                                                                                                                                                                air bags that are intended to provide
                                                  BMW of North America, Inc., Grant of                    a rollover must be described as such in the           ejection countermeasures in the event of
                                                  Petition for Decision of                                vehicle’s owner manual or in other written            a rollover event, and occupant
                                                  Inconsequential Noncompliance                           information provided by the vehicle                   protection in the event of a significant
                                                  AGENCY: National Highway Traffic                        manufacturer to the consumer. . . .                   side impact event.
                                                  Safety Administration (NHTSA),                             V. Summary of BMW’s Arguments:                        BMW has also reported that they have
                                                  Department of Transportation (DOT).                     BMW stated its belief that the subject                not received any complaints from
                                                  ACTION: Grant of Petition.                              noncompliance in the affected vehicles                vehicle owners regarding the subject
                                                                                                          is inconsequential to motor vehicle                   noncompliance and that vehicle
                                                  SUMMARY:   BMW of North America, Inc.                   safety. A summary of its reasoning is                 production was corrected so that the
                                                  (BMW) has determined that certain                       provided as follows. Detailed                         noncompliance did not occur in
                                                  model year (MY) 2015 MINI Cooper,                       explanations of its reasoning are                     subsequent vehicles. NHTSA’s Decision:
                                                  Cooper S hardtop 2 door, and Cooper S                   included in its petition:                             In consideration of the foregoing,
                                                  hardtop 4 door passenger cars do not                       1. The vehicles are equipped with a                NHTSA has decided that BMW has met
                                                  fully comply with paragraph S4.2.3(a) of                countermeasure that meets the                         its burden of persuasion that the subject
                                                  Federal Motor Vehicle Safety Standard                   performance requirements of FMVSS                     FMVSS No. 226 noncompliance in the
                                                  (FMVSS) No. 226, Ejection Mitigation.                   No. 226.                                              affected vehicles is inconsequential to
                                                  BMW has filed an appropriate report                        2. The owner’s manuals contain a                   motor vehicle safety. Accordingly,
                                                  dated May 20, 2015, pursuant to 49 CFR                  description of the ejection mitigation                BMW’s petition is hereby granted and
                                                  part 573, Defect and Noncompliance                      countermeasure in the context of side                 BMW is exempted from the obligation of
                                                  Responsibility and Reports.                             impact.                                               providing notification of, and a remedy
                                                  ADDRESSES: For further information on                      3. The owner’s manuals contain                     for, that noncompliance under 49 U.S.C.
                                                  this decision contact Karen Nuschler,                   precautions related to the [ejection                  30118 and 30120.
                                                  Office of Vehicle Safety Compliance, the                mitigation] system even though not
                                                                                                          required by FMVSS No. 226.                               NHTSA notes that the statutory
                                                  National Highway Traffic Safety                                                                               provisions (49 U.S.C. 30118(d) and
                                                  Administration (NHTSA), telephone                          4. The [ejection mitigation] system
                                                                                                          uses the FMVSS No. 208 required                       30120(h)) that permit manufacturers to
                                                  (202) 366–5829, facsimile (202) 366–                                                                          file petitions for a determination of
                                                  3081.                                                   readiness indicator, as allowed by
                                                                                                          FMVSS No. 226.                                        inconsequentiality allow NHTSA to
                                                  SUPPLEMENTARY INFORMATION:                                 5. BMW has not received any                        exempt manufacturers only from the
                                                    I. Overview: Pursuant to 49 U.S.C.                    customer complaints due to this issue.                duties found in sections 30118 and
                                                  30118(d) and 30120(h) (see                                 6. BMW is not aware of any accidents               30120, respectively, to notify owners,
                                                  implementing rule at 49 CFR part 556),                  or injuries due to this issue.                        purchasers, and dealers of a defect or
                                                  BMW submitted a petition for an                            7. NHTSA may have granted similar                  noncompliance and to remedy the
                                                  exemption from the notification and                     manufacturer petitions re owner’s                     defect or noncompliance. Therefore, this
                                                  remedy requirements of 49 U.S.C.                        manuals.                                              decision only applies to the subject
                                                  Chapter 301 on the basis that this                         8. BMW has corrected the                           vehicles that BMW no longer controlled
                                                  noncompliance is inconsequential to                     noncompliance so that all future                      at the time it determined that the
                                                  motor vehicle safety.                                   production vehicles will comply with                  noncompliance existed. However, the
                                                    Notice of receipt of the petition was                 FMVSS No. 226.                                        Granting of this petition does not relieve
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                                                  published, with a 30-day public                            In summation, BMW believes that the                vehicle distributors and dealers of the
                                                  comment period, on September 1, 2015                    described noncompliance of the subject                prohibitions on the sale, offer for sale,
                                                  in the Federal Register (80 FR 52845).                  vehicles is inconsequential to motor                  or introduction or delivery for
                                                  No comments were received. To view                      vehicle safety, and that its petition, to             introduction into interstate commerce of
                                                  the petition, and all supporting                        exempt BMW from providing recall                      the noncompliant vehicles under their
                                                  documents log onto the Federal Docket                   notification of noncompliance as                      control after BMW notified them that
                                                  Management System (FDMS) Web site                       required by 49 U.S.C. 30118 and                       the subject noncompliance existed.


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Document Created: 2015-12-14 15:03:39
Document Modified: 2015-12-14 15:03:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a new task assignment for the Aviation Rulemaking Advisory Committee.
ContactMartin R. Crane, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, Texas 76177, [email protected], phone number 817-222-5110, facsimile number 817-222-5961.
FR Citation80 FR 68599 

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