81_FR_25011 81 FR 24930 - Aviation Rulemaking Advisory Committee-New Task

81 FR 24930 - Aviation Rulemaking Advisory Committee-New Task

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 81 (April 27, 2016)

Page Range24930-24932
FR Document2016-09781

The FAA assigned the Aviation Rulemaking Advisory Committee (ARAC) a new task to provide recommendations regarding bird strike protection rulemaking, policy, and guidance for normal category rotorcraft and to provide recommendations to enhance the existing bird strike protection standards for transport category rotorcraft. The FAA amended its regulations to incorporate bird strike protection rules for transport category rotorcraft in 1996. Data shows an increase in the bird population and weight has resulted in an increase in bird strikes with both normal category rotorcraft and transport category rotorcraft. The increase in bird strikes has led to more frequent bird penetration into the cockpit and cabin areas, elevating the risk of potential serious injuries or fatalities to occupants. Direct bird impact to the pilot has led to partial or complete pilot incapacitation in numerous cases, increasing the risk of fatalities. This notice informs the public of the new ARAC activity and solicits membership for the Rotorcraft Bird Strike Working Group.

Federal Register, Volume 81 Issue 81 (Wednesday, April 27, 2016)
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24930-24932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09781]


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

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 bird strike 
protection rulemaking, policy, and guidance for normal category 
rotorcraft and to provide recommendations to enhance the existing bird 
strike protection standards for transport category rotorcraft. The FAA 
amended its regulations to incorporate bird strike protection rules for 
transport category rotorcraft in 1996. Data shows an increase in the 
bird population and weight has resulted in an increase in bird strikes 
with both normal category rotorcraft and transport category rotorcraft. 
The increase in bird strikes has led to more frequent bird penetration 
into the cockpit and cabin areas, elevating the risk of potential 
serious injuries or fatalities to occupants. Direct bird impact to the 
pilot has led to partial or complete pilot incapacitation in numerous 
cases, increasing the risk of fatalities.
    This notice informs the public of the new ARAC activity and 
solicits membership for the Rotorcraft Bird Strike Working Group.

FOR FURTHER INFORMATION CONTACT: Gary B. Roach, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177, 
[email protected], phone number 817-222-5110, facsimile number 817-
222-5961.

SUPPLEMENTARY INFORMATION: 

ARAC Acceptance of Task

    As a result of the March 23, 2016, ARAC meeting, the FAA assigned 
and ARAC accepted this task establishing the Rotorcraft Bird Strike 
Working Group. The Rotorcraft Bird Strike 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

[[Page 24931]]

issues that could result in rulemaking, to the FAA Administrator, 
through the Associate Administrator of Aviation Safety.
    In 1996, a bird strike protection rule (14 CFR 29.631) was adopted 
requiring that transport category rotorcraft be designed to ensure 
continued safe flight and landing (for Category A) or safe landing (for 
Category B) following an impact with a 2.2-pound bird. At that time, 
bird strike protection was not adopted for normal category rotorcraft. 
As of 2015, normal category rotorcraft comprise over 90% of rotorcraft 
operating in the U.S. The data from the FAA's Wildlife Strike Database 
indicates about 75% of reported bird strikes from 1990-2013 were with 
normal category rotorcraft. These percentages suggest that the absence 
of bird strike protective requirements for normal category rotorcraft 
results in increased risk for the majority of U.S. rotorcraft.
    Further analysis of rotorcraft data from the FAA's Wildlife Strike 
Database indicates a 68% increase in bird strikes since 2009 and more 
than a 700% increase since the early 2000s. In raw numbers, the 
percentages translate from around 25 reports of rotorcraft bird strikes 
per year in the early 2000s, to 121 strikes in 2009, to 204 strikes in 
2013. Using rotorcraft flight hours to perform a rate-based analysis, 
reported bird strikes increased 49% in the five year period from 2010 
to 2014 (3.99 per 100,000 flight hours to 5.95 per 100,000 flight 
hours). Better event reporting accounts for some of this increase, but 
the rapid escalation goes beyond reporting improvements alone. One 
conjecture is the increase may be caused by the growing population of 
birds in general, a growing population of larger birds, quieter 
aircraft, and an increase in the number of rotorcraft operations.
    In addition to the increased frequency of bird strikes, the FAA has 
observed increased strikes to the rotorcraft windscreen area with a 
force of impact that has directly endangered occupants and elevated the 
risk to safe rotorcraft operations. Bird penetration into the cockpit 
and cabin areas has become increasingly common, elevating the 
probability of potential serious injuries or fatalities to occupants. 
Moreover, direct bird impact to the pilot has led to partial or 
complete pilot incapacitation in numerous cases, often causing an 
increased risk for loss of control of the rotorcraft and fatalities. 
The typical scenario is that the bird strikes and shatters a portion of 
the front windscreen. The bird's remains, as well as damaged portions 
of the rotorcraft (such as the windscreen), either hit the pilot in the 
head, neck, or upper torso, or proceed through the cockpit to strike 
the passengers or crew.
    These recent observations reinforce previous findings from the 
study, Bird Strikes to Civil Helicopters in the United States, 1990-
2005 (2006), by Cleary, Dolbeer, and Wright, based on 15 years of data 
from the FAA's National Wildlife Database. The study concluded that: 
(1) Helicopters were significantly more likely to be damaged by bird 
strikes than airplanes, (2) windshields on helicopters were more 
frequently struck and damaged than windshields on airplanes, and (3) 
helicopter bird strikes were more likely to lead to injuries to crew or 
passengers than airplane bird strikes. The NTSB referenced these same 
findings in its accident report of a 2009 fatal rotorcraft accident in 
Morgan City, LA, where a bird strike was determined to be the probable 
cause of the accident (NTSB Aircraft Accident Report No. CEN09MA117).
    Some bird strike events where the bird penetrates the cockpit and 
cabin have received less attention either because the damage was 
limited to the windscreen or because the injury to the crew and 
passengers was minor. However, a superficial examination of the 
rotorcraft damage and occupant injury levels is misleading. The FAA has 
found that most of these cases had less to do with the sufficiency of 
aircraft design and equipage, and more to do with the crew's personal 
protective gear--such as helmets--that mitigated the potential event 
severity. Other cases of low severity are the result of fortuitous 
circumstance. One specific example occurred during a March 2015 police 
operation in Dallas, Texas, where a bird penetrated the cockpit and 
struck the pilot, who was not wearing a helmet. The pilot was 
incapacitated by the impact and--under ordinary circumstances--the 
event would likely have led to a fatal outcome from loss of rotorcraft 
control. However, the left seat occupant happened to be a rated 
helicopter pilot, something that was not typical for the police 
operation being conducted. The left seat occupant then assumed control 
of the rotorcraft and landed without incident. The result was an event 
with a low-severity outcome, but the underlying lesson from the 
relatively benign consequence cannot be dismissed.
    While the absence of any bird strike requirements for normal 
category rotorcraft must be addressed, data shows that bird strikes 
with transport category rotorcraft are a growing concern, especially 
encounters with larger birds. Transport category rotorcraft are more 
likely to spend extended time in the en route phase of flight and fly 
at higher altitudes. While the higher altitude would appear to reduce 
the probability of encountering bird strike, data shows an increased 
altitude does not mitigate the severity of damage when a bird strike 
occurs. A United States Department of Agriculture (USDA) study found 
that, of the 32 damaging strikes that occurred to U.S. rotorcraft in 
2014, 72% of those occurred more than 500 feet above ground level. The 
study opined that the more severe damage was likely attributable to the 
higher speed of the rotorcraft during the en route phase of flight. The 
increased exposure of transport category rotorcraft in this environment 
suggests the existing 2.2-pound bird strike requirement may not be 
adequate.
    Whether normal category or transport category, the unique operating 
profile of a helicopter leads to a different exposure to bird strike 
risk than does fixed-wing aircraft. The study, Wildlife strikes to 
civil helicopters in the U.S., 1990-2011 (2013) by Washburn, Cisar, and 
Default, discusses some of the differences. It concluded that, unlike 
with fixed-wing aircraft, helicopter bird strikes occur with greatest 
frequency during the en route phase of flight and in the off-airfield 
environment. It credits bird strikes that occur in the off-airfield 
environment as accounting for the majority of bird strike-related human 
injuries and fatalities for helicopters. Since helicopters operate at 
much lower altitudes than fixed-wing aircraft, the exposure to the risk 
of a bird strike is not limited to the departure and arrival phases of 
flight, but instead remains for the duration of the flight profile.

The Task

    The Rotorcraft Bird Strike Working Group will provide advice and 
recommendations to the ARAC on bird strike protection rulemaking, 
policy, and guidance for parts 27 and 29. The Rotorcraft Bird Strike 
Working Group is tasked to:
    1. For normal category rotorcraft, specifically advise and make 
written recommendations on how to incorporate bird strike protection 
requirements into the part 27 airworthiness standards for newly type 
certificated rotorcraft.
    2. For normal category rotorcraft, specifically advise and make 
written recommendations on how the bird strike protection requirements 
in Task 1 should be made effective via Sec.  27.2 for newly 
manufactured rotorcraft.
    3. For transport category rotorcraft, specifically advise and make 
written recommendations on how to enhance

[[Page 24932]]

the Sec.  29.631 bird strike protection airworthiness standard in light 
of increases in bird weight and increased exposure to bird strikes for 
newly type certificated rotorcraft.
    4. For transport category rotorcraft, specifically advise and make 
written recommendations on how the bird strike protection requirements 
in Task 3 should be made effective via Sec.  29.2 for newly 
manufactured rotorcraft.
    5. For normal and transport category rotorcraft, specifically 
advise and make written recommendations on incorporating rotorcraft 
bird strike protection improvements and standards into the existing 
rotorcraft fleet.
    6. For Tasks 1 through 5, consider existing non-traditional bird 
strike protection technology, including the use of aircraft flight 
manual limitations (such as requiring airspeed limitations at lower 
altitudes), when making the recommendations. These considerations must 
include: An evaluation of the effectiveness of such technology, 
assumptions used as part of that evaluation, validation of those 
assumptions, and any procedures to be used for operation with the 
technology or with the aircraft limitations.
    7. Based on the recommendations in Tasks 1 through 6, specifically 
advise and make written recommendations for the associated policy and 
guidance.
    8. Based on the Rotorcraft Bird Strike Working Group 
recommendations, perform the following:
    a. Estimate what the regulated parties would do differently as a 
result of the proposed recommendation and how much it would cost.
    b. Estimate the safety improvements of future bird encounters from 
the proposed recommendations.
    c. Estimate any other benefits (e.g., reduced administrative 
burden) or costs that would result from implementation of the 
recommendations.
    9. Develop a report containing recommendations on the findings and 
results of the tasks explained above. The report should document:
    a. Both majority and dissenting positions on the findings and the 
rationale for each position.
    b. Any disagreements, including the rationale for each position and 
the reasons for the disagreement.
    10. 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

    The recommendation report should be submitted to the FAA for review 
and acceptance no later than 18 months after publication of this notice 
in the Federal Register.

Working Group Activity

    The Rotorcraft Bird Strike 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 report based on review and 
analysis of the assigned tasks.
    5. Present the recommendation report at the ARAC meeting.

Participation in the Working Group

    The Rotorcraft Bird Strike 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 Bird Strike 
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 May 27, 2016. 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 in 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 
Rotorcraft Bird Strike 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 April 19, 2016.
Lirio Liu,
Designated Federal Officer, Aviation Rulemaking Advisory Committee.
[FR Doc. 2016-09781 Filed 4-26-16; 8:45 am]
BILLING CODE 4910-13-P



                                                    24930                        Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices

                                                    West Building Ground Floor at 1200                      Transportation (DOT), 1200 New Jersey                 DEPARTMENT OF TRANSPORTATION
                                                    New Jersey Avenue SE., Washington,                      Avenue SE., Room W12–140, West
                                                    DC, between 9 a.m. and 5 p.m., Monday                   Building Ground Floor, Washington, DC                 Federal Aviation Administration
                                                    through Friday, except Federal holidays.                20590–0001.
                                                    FOR FURTHER INFORMATION CONTACT: Dan                      • Hand Delivery or Courier: Take                    Aviation Rulemaking Advisory
                                                    Ngo, 202–267–4264 800 Independence                      comments to Docket Operations in                      Committee—New Task
                                                    Avenue SW., Washington, DC 20591.                       Room W12–140 of the West Building                     AGENCY:  Federal Aviation
                                                    This notice is published pursuant to 14                 Ground Floor at 1200 New Jersey                       Administration (FAA), DOT.
                                                    CFR 11.85.                                              Avenue SE., Washington, DC, between 9                 ACTION: Notice of a new task assignment
                                                      Issued in Washington, DC, on April 21,                a.m. and 5 p.m., Monday through                       for the Aviation Rulemaking Advisory
                                                    2016.                                                   Friday, except Federal holidays.                      Committee.
                                                    James M. Crotty,                                          • Fax: Fax comments to Docket
                                                    Acting Director, Office of Rulemaking.                  Operations at 202–493–2251.                           SUMMARY:   The FAA assigned the
                                                                                                              Privacy: In accordance with 5 U.S.C.                Aviation Rulemaking Advisory
                                                    Petition for Exemption                                  553(c), DOT solicits comments from the                Committee (ARAC) a new task to
                                                      Docket No.: FAA–2015–0481.                            public to better inform its rulemaking                provide recommendations regarding
                                                      Petitioner: Aviation Systems                          process. DOT posts these comments,                    bird strike protection rulemaking,
                                                    Engineering Company.                                    without edit, including any personal                  policy, and guidance for normal
                                                      Section(s) of 14 CFR Affected:                        information the commenter provides, to                category rotorcraft and to provide
                                                    §§ 91.119(c) and 91.151(a)(1).                          http://www.regulations.gov, as                        recommendations to enhance the
                                                      Description of Relief Sought: The                     described in the system of records                    existing bird strike protection standards
                                                    petitioner is seeking relief to amend                   notice (DOT/ALL–14 FDMS), which can                   for transport category rotorcraft. The
                                                    Exemption No. 11509 to operate within                   be reviewed at http://www.dot.gov/                    FAA amended its regulations to
                                                    500 feet from nonparticipating persons,                 privacy.                                              incorporate bird strike protection rules
                                                    as well as relief from the minimum fuel                   Docket: Background documents or                     for transport category rotorcraft in 1996.
                                                    requirement.                                            comments received may be read at                      Data shows an increase in the bird
                                                    [FR Doc. 2016–09779 Filed 4–26–16; 8:45 am]             http://www.regulations.gov at any time.               population and weight has resulted in
                                                    BILLING CODE 4910–13–P                                  Follow the online instructions for                    an increase in bird strikes with both
                                                                                                            accessing the docket or go to the Docket              normal category rotorcraft and transport
                                                                                                            Operations in Room W12–140 of the                     category rotorcraft. The increase in bird
                                                    DEPARTMENT OF TRANSPORTATION                            West Building Ground Floor at 1200                    strikes has led to more frequent bird
                                                                                                            New Jersey Avenue SE., Washington,                    penetration into the cockpit and cabin
                                                    Federal Aviation Administration                         DC, between 9 a.m. and 5 p.m., Monday                 areas, elevating the risk of potential
                                                    [Summary Notice No. 2016–49]                            through Friday, except Federal holidays.              serious injuries or fatalities to
                                                                                                                                                                  occupants. Direct bird impact to the
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      pilot has led to partial or complete pilot
                                                    Petition for Exemption; Summary of
                                                    Petition Received; VT DRB Aviation                      Deana Stedman, ANM–113, Federal                       incapacitation in numerous cases,
                                                    Consultants                                             Aviation Administration, 1601 Lind                    increasing the risk of fatalities.
                                                                                                            Avenue SW., Renton, WA 98057–3356,                       This notice informs the public of the
                                                    AGENCY: Federal Aviation                                email deana.stedman@faa.gov, phone                    new ARAC activity and solicits
                                                    Administration (FAA), DOT.                              (425) 227–2148.                                       membership for the Rotorcraft Bird
                                                    ACTION: Notice.                                           This notice is published pursuant to                Strike Working Group.
                                                                                                            14 CFR 11.85.                                         FOR FURTHER INFORMATION CONTACT: Gary
                                                    SUMMARY:   This notice contains a
                                                                                                              Issued in Washington, DC, on April 20,              B. Roach, Federal Aviation
                                                    summary of a petition seeking relief
                                                                                                            2016.                                                 Administration, 10101 Hillwood
                                                    from specified requirements of Title 14
                                                                                                            James M. Crotty,                                      Parkway, Fort Worth, TX 76177,
                                                    of the Code of Federal Regulations. The
                                                                                                            Acting Director, Office of Rulemaking.                Gary.B.Roach@faa.gov, phone number
                                                    purpose of this notice is to improve the
                                                                                                                                                                  817–222–5110, facsimile number 817–
                                                    public’s awareness of, and participation                Petition for Exemption                                222–5961.
                                                    in, the FAA’s exemption process.
                                                    Neither publication of this notice nor                     Docket No.: FAA–2015–8751.                         SUPPLEMENTARY INFORMATION:
                                                    the inclusion or omission of information                   Petitioner: VT DRB Aviation                        ARAC Acceptance of Task
                                                    in the summary is intended to affect the                Consultants.
                                                    legal status of the petition or its final                  Section(s) of 14 CFR Affected:                        As a result of the March 23, 2016,
                                                    disposition.                                            § 25.817.                                             ARAC meeting, the FAA assigned and
                                                                                                                                                                  ARAC accepted this task establishing
                                                    DATES: Comments on this petition must                      Description of Relief Sought: VT DRB               the Rotorcraft Bird Strike Working
                                                    identify the petition docket number and                 Aviation Consultants petitions the FAA                Group. The Rotorcraft Bird Strike
                                                    must be received on or before May 17,                   for an exemption from § 25.817 which                  Working Group will serve as staff to the
                                                    2016.                                                   allows no more than three seats abreast               ARAC and provide advice and
                                                    ADDRESSES: Send comments identified
                                                                                                            on each side of the aisle in any one row.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  recommendations on the assigned task.
                                                    by docket number FAA–2015–8751                          Instead, the petitioner wishes to install             The ARAC will review and accept the
                                                    using any of the following methods:                     four seats abreast on one side of the                 recommendation report and will submit
                                                      • Federal eRulemaking Portal: Go to                   aisle with no seats on the opposite side,             it to the FAA.
                                                    http://www.regulations.gov and follow                   having less passenger egress impedance
                                                    the online instructions for sending your                than in standard Boeing Model 777                     Background
                                                    comments electronically.                                passenger jet configurations.                           The FAA established the ARAC to
                                                      • Mail: Send comments to Docket                       [FR Doc. 2016–09773 Filed 4–26–16; 8:45 am]           provide information, advice, and
                                                    Operations, M–30; U.S. Department of                    BILLING CODE 4910–13–P                                recommendations on aviation-related


                                               VerDate Sep<11>2014   17:29 Apr 26, 2016   Jkt 238001   PO 00000   Frm 00148   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                                                                 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices                                            24931

                                                    issues that could result in rulemaking,                 pilot in the head, neck, or upper torso,              rotorcraft are more likely to spend
                                                    to the FAA Administrator, through the                   or proceed through the cockpit to strike              extended time in the en route phase of
                                                    Associate Administrator of Aviation                     the passengers or crew.                               flight and fly at higher altitudes. While
                                                    Safety.                                                    These recent observations reinforce                the higher altitude would appear to
                                                       In 1996, a bird strike protection rule               previous findings from the study, Bird                reduce the probability of encountering
                                                    (14 CFR 29.631) was adopted requiring                   Strikes to Civil Helicopters in the United            bird strike, data shows an increased
                                                    that transport category rotorcraft be                   States, 1990–2005 (2006), by Cleary,                  altitude does not mitigate the severity of
                                                    designed to ensure continued safe flight                Dolbeer, and Wright, based on 15 years                damage when a bird strike occurs. A
                                                    and landing (for Category A) or safe                    of data from the FAA’s National                       United States Department of Agriculture
                                                    landing (for Category B) following an                   Wildlife Database. The study concluded                (USDA) study found that, of the 32
                                                    impact with a 2.2-pound bird. At that                   that: (1) Helicopters were significantly              damaging strikes that occurred to U.S.
                                                    time, bird strike protection was not                    more likely to be damaged by bird                     rotorcraft in 2014, 72% of those
                                                    adopted for normal category rotorcraft.                 strikes than airplanes, (2) windshields               occurred more than 500 feet above
                                                    As of 2015, normal category rotorcraft                  on helicopters were more frequently                   ground level. The study opined that the
                                                    comprise over 90% of rotorcraft                         struck and damaged than windshields                   more severe damage was likely
                                                    operating in the U.S. The data from the                 on airplanes, and (3) helicopter bird                 attributable to the higher speed of the
                                                    FAA’s Wildlife Strike Database                          strikes were more likely to lead to                   rotorcraft during the en route phase of
                                                    indicates about 75% of reported bird                    injuries to crew or passengers than                   flight. The increased exposure of
                                                    strikes from 1990–2013 were with                        airplane bird strikes. The NTSB                       transport category rotorcraft in this
                                                    normal category rotorcraft. These                       referenced these same findings in its                 environment suggests the existing 2.2-
                                                    percentages suggest that the absence of                 accident report of a 2009 fatal rotorcraft            pound bird strike requirement may not
                                                    bird strike protective requirements for                 accident in Morgan City, LA, where a                  be adequate.
                                                    normal category rotorcraft results in                   bird strike was determined to be the                     Whether normal category or transport
                                                    increased risk for the majority of U.S.                 probable cause of the accident (NTSB                  category, the unique operating profile of
                                                    rotorcraft.                                             Aircraft Accident Report No.                          a helicopter leads to a different
                                                       Further analysis of rotorcraft data                  CEN09MA117).                                          exposure to bird strike risk than does
                                                    from the FAA’s Wildlife Strike Database                    Some bird strike events where the                  fixed-wing aircraft. The study, Wildlife
                                                    indicates a 68% increase in bird strikes                bird penetrates the cockpit and cabin                 strikes to civil helicopters in the U.S.,
                                                    since 2009 and more than a 700%                         have received less attention either                   1990–2011 (2013) by Washburn, Cisar,
                                                    increase since the early 2000s. In raw                  because the damage was limited to the                 and Default, discusses some of the
                                                    numbers, the percentages translate from                 windscreen or because the injury to the               differences. It concluded that, unlike
                                                    around 25 reports of rotorcraft bird                    crew and passengers was minor.                        with fixed-wing aircraft, helicopter bird
                                                    strikes per year in the early 2000s, to                 However, a superficial examination of                 strikes occur with greatest frequency
                                                    121 strikes in 2009, to 204 strikes in                  the rotorcraft damage and occupant                    during the en route phase of flight and
                                                    2013. Using rotorcraft flight hours to                  injury levels is misleading. The FAA                  in the off-airfield environment. It credits
                                                    perform a rate-based analysis, reported                 has found that most of these cases had                bird strikes that occur in the off-airfield
                                                    bird strikes increased 49% in the five                  less to do with the sufficiency of aircraft           environment as accounting for the
                                                    year period from 2010 to 2014 (3.99 per                 design and equipage, and more to do                   majority of bird strike-related human
                                                    100,000 flight hours to 5.95 per 100,000                with the crew’s personal protective                   injuries and fatalities for helicopters.
                                                    flight hours). Better event reporting                   gear—such as helmets—that mitigated                   Since helicopters operate at much lower
                                                    accounts for some of this increase, but                 the potential event severity. Other cases             altitudes than fixed-wing aircraft, the
                                                    the rapid escalation goes beyond                        of low severity are the result of                     exposure to the risk of a bird strike is
                                                    reporting improvements alone. One                       fortuitous circumstance. One specific                 not limited to the departure and arrival
                                                    conjecture is the increase may be caused                example occurred during a March 2015                  phases of flight, but instead remains for
                                                    by the growing population of birds in                   police operation in Dallas, Texas, where              the duration of the flight profile.
                                                    general, a growing population of larger                 a bird penetrated the cockpit and struck
                                                    birds, quieter aircraft, and an increase in             the pilot, who was not wearing a                      The Task
                                                    the number of rotorcraft operations.                    helmet. The pilot was incapacitated by                   The Rotorcraft Bird Strike Working
                                                       In addition to the increased frequency               the impact and—under ordinary                         Group will provide advice and
                                                    of bird strikes, the FAA has observed                   circumstances—the event would likely                  recommendations to the ARAC on bird
                                                    increased strikes to the rotorcraft                     have led to a fatal outcome from loss of              strike protection rulemaking, policy,
                                                    windscreen area with a force of impact                  rotorcraft control. However, the left seat            and guidance for parts 27 and 29. The
                                                    that has directly endangered occupants                  occupant happened to be a rated                       Rotorcraft Bird Strike Working Group is
                                                    and elevated the risk to safe rotorcraft                helicopter pilot, something that was not              tasked to:
                                                    operations. Bird penetration into the                   typical for the police operation being                   1. For normal category rotorcraft,
                                                    cockpit and cabin areas has become                      conducted. The left seat occupant then                specifically advise and make written
                                                    increasingly common, elevating the                      assumed control of the rotorcraft and                 recommendations on how to incorporate
                                                    probability of potential serious injuries               landed without incident. The result was               bird strike protection requirements into
                                                    or fatalities to occupants. Moreover,                   an event with a low-severity outcome,                 the part 27 airworthiness standards for
                                                    direct bird impact to the pilot has led to              but the underlying lesson from the                    newly type certificated rotorcraft.
                                                    partial or complete pilot incapacitation                relatively benign consequence cannot be                  2. For normal category rotorcraft,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    in numerous cases, often causing an                     dismissed.                                            specifically advise and make written
                                                    increased risk for loss of control of the                  While the absence of any bird strike               recommendations on how the bird strike
                                                    rotorcraft and fatalities. The typical                  requirements for normal category                      protection requirements in Task 1
                                                    scenario is that the bird strikes and                   rotorcraft must be addressed, data                    should be made effective via § 27.2 for
                                                    shatters a portion of the front                         shows that bird strikes with transport                newly manufactured rotorcraft.
                                                    windscreen. The bird’s remains, as well                 category rotorcraft are a growing                        3. For transport category rotorcraft,
                                                    as damaged portions of the rotorcraft                   concern, especially encounters with                   specifically advise and make written
                                                    (such as the windscreen), either hit the                larger birds. Transport category                      recommendations on how to enhance


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                                                    24932                        Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices

                                                    the § 29.631 bird strike protection                     publication of this notice in the Federal             working group. The FAA must receive
                                                    airworthiness standard in light of                      Register.                                             all requests by May 27, 2016. The ARAC
                                                    increases in bird weight and increased                                                                        and the FAA will review the requests
                                                                                                            Working Group Activity
                                                    exposure to bird strikes for newly type                                                                       and advise you whether or not your
                                                    certificated rotorcraft.                                   The Rotorcraft Bird Strike Working                 request is approved.
                                                       4. For transport category rotorcraft,                Group must comply with the procedures                    If you are chosen for membership in
                                                    specifically advise and make written                    adopted by the ARAC as follows:                       the working group, you must actively
                                                    recommendations on how the bird strike                     1. Conduct a review and analysis of                participate in the working group, attend
                                                    protection requirements in Task 3                       the assigned tasks and any other related              all meetings, and provide written
                                                    should be made effective via § 29.2 for                 materials or documents.                               comments when requested. You must
                                                    newly manufactured rotorcraft.                             2. Draft and submit a work plan for                devote the resources necessary to
                                                       5. For normal and transport category                 completion of the task, including the                 support the working group in meeting
                                                    rotorcraft, specifically advise and make                rationale supporting such a plan, for                 any assigned deadlines. You must keep
                                                    written recommendations on                              consideration by the ARAC.                            your management and those you may
                                                    incorporating rotorcraft bird strike                       3. Provide a status report at each                 represent advised of working group
                                                    protection improvements and standards                   ARAC meeting.                                         activities and decisions to ensure the
                                                    into the existing rotorcraft fleet.                        4. Draft and submit the                            proposed technical solutions do not
                                                       6. For Tasks 1 through 5, consider                   recommendation report based on review                 conflict with the position of those you
                                                    existing non-traditional bird strike                    and analysis of the assigned tasks.                   represent. Once the working group has
                                                    protection technology, including the use                   5. Present the recommendation report               begun deliberations, members will not
                                                    of aircraft flight manual limitations                   at the ARAC meeting.                                  be added or substituted without the
                                                    (such as requiring airspeed limitations                 Participation in the Working Group                    approval of the ARAC Chair, the FAA,
                                                    at lower altitudes), when making the                       The Rotorcraft Bird Strike Working                 including the Designated Federal
                                                    recommendations. These considerations                   Group will be comprised of technical                  Officer, and the Working Group Chair.
                                                    must include: An evaluation of the                                                                               The Secretary of Transportation
                                                                                                            experts having an interest in the
                                                    effectiveness of such technology,                                                                             determined the formation and use of the
                                                                                                            assigned task. A working group member
                                                    assumptions used as part of that                                                                              ARAC is necessary and in the public
                                                                                                            need not be a member representative of
                                                    evaluation, validation of those                                                                               interest in connection with the
                                                                                                            the ARAC. The FAA would like a wide
                                                    assumptions, and any procedures to be                                                                         performance of duties imposed on the
                                                                                                            range of members (normal category
                                                    used for operation with the technology                                                                        FAA by law.
                                                                                                            rotorcraft manufacturers, transport
                                                    or with the aircraft limitations.                                                                                The ARAC meetings are open to the
                                                                                                            category rotorcraft manufacturers, and
                                                       7. Based on the recommendations in                                                                         public. However, meetings of the
                                                                                                            rotorcraft operators from various
                                                    Tasks 1 through 6, specifically advise                                                                        Rotorcraft Bird Strike Working Group
                                                                                                            segments of the industry such as oil and
                                                    and make written recommendations for                                                                          are not open to the public, except to the
                                                                                                            gas exploration, emergency medical
                                                    the associated policy and guidance.                                                                           extent individuals with an interest and
                                                       8. Based on the Rotorcraft Bird Strike               services, and air tour operators) to
                                                                                                                                                                  expertise are selected to participate. The
                                                    Working Group recommendations,                          ensure all aspects of the tasks are
                                                                                                                                                                  FAA will make no public
                                                    perform the following:                                  considered in development of the
                                                                                                                                                                  announcement of working group
                                                       a. Estimate what the regulated parties               recommendations. The provisions of the
                                                                                                                                                                  meetings.
                                                    would do differently as a result of the                 August 13, 2014, Office of Management
                                                                                                            and Budget guidance, ‘‘Revised                          Issued in Washington, DC, on April 19,
                                                    proposed recommendation and how                                                                               2016.
                                                    much it would cost.                                     Guidance on Appointment of Lobbyists
                                                                                                            to Federal Advisory Committees,                       Lirio Liu,
                                                       b. Estimate the safety improvements                                                                        Designated Federal Officer, Aviation
                                                    of future bird encounters from the                      Boards, and Commissions’’ (79 FR
                                                                                                            47482), continues the ban on registered               Rulemaking Advisory Committee.
                                                    proposed recommendations.                                                                                     [FR Doc. 2016–09781 Filed 4–26–16; 8:45 am]
                                                       c. Estimate any other benefits (e.g.,                lobbyists participating on Agency
                                                    reduced administrative burden) or costs                 Boards and Commissions if                             BILLING CODE 4910–13–P

                                                    that would result from implementation                   participating in their ‘‘individual
                                                    of the recommendations.                                 capacity.’’ The revised guidance now
                                                                                                            allows registered lobbyists to participate            DEPARTMENT OF TRANSPORTATION
                                                       9. Develop a report containing
                                                    recommendations on the findings and                     on Agency Boards and Commissions in                   Federal Aviation Administration
                                                    results of the tasks explained above. The               a ‘‘representative capacity’’ for the
                                                    report should document:                                 ‘‘express purpose of providing a                      [Summary Notice No. 2016–59]
                                                       a. Both majority and dissenting                      committee with the views of a
                                                                                                            nongovernmental entity, a recognizable                Petition for Exemption; Summary of
                                                    positions on the findings and the
                                                                                                            group of persons or nongovernmental                   Petition Received; Bombardier
                                                    rationale for each position.
                                                                                                            entities (an industry, sector, labor                  Aerospace
                                                       b. Any disagreements, including the
                                                    rationale for each position and the                     unions, or environmental groups, etc.)                AGENCY: Federal Aviation
                                                    reasons for the disagreement.                           or state or local government.’’ (For                  Administration (FAA), DOT.
                                                       10. The working group may be                         further information, see Lobbying                     ACTION: Notice.
                                                                                                            Disclosure Act of 1995 as amended, 2
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    reinstated to assist the ARAC in
                                                    responding to the FAA’s questions or                    U.S.C. 1603, 1604, and 1605.)                         SUMMARY:  This notice contains a
                                                    concerns after the recommendation                          If you wish to become a member of                  summary of a petition seeking relief
                                                    report has been submitted.                              the Rotorcraft Bird Strike Working                    from specified requirements of Title 14
                                                                                                            Group, write the person listed under the              of the Code of Federal Regulations. The
                                                    Schedule                                                caption FOR FURTHER INFORMATION                       purpose of this notice is to improve the
                                                      The recommendation report should be                   CONTACT expressing that desire. Describe              public’s awareness of, and participation
                                                    submitted to the FAA for review and                     your interest in the task and state the               in, the FAA’s exemption process.
                                                    acceptance no later than 18 months after                expertise you would bring to the                      Neither publication of this notice nor


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Document Created: 2018-02-07 13:55:53
Document Modified: 2018-02-07 13:55:53
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.
ContactGary B. Roach, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177, [email protected], phone number 817-222-5110, facsimile number 817- 222-5961.
FR Citation81 FR 24930 

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