82_FR_50793 82 FR 50583 - Normal and Transport Category Rotorcraft Certification

82 FR 50583 - Normal and Transport Category Rotorcraft Certification

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 210 (November 1, 2017)

Page Range50583-50593
FR Document2017-23360

The FAA proposes to amend the certification standards of normal and transport category helicopters. The proposed changes are necessary to address modern designs currently used in the rotorcraft industry and would reduce the burden on applicants for certification of new rotorcraft designs. The proposed changes would reduce or eliminate the need for certain special conditions currently required to obtain certification of modern rotorcraft. The proposed changes would also incorporate the requirements of equivalent level of safety findings that the FAA has imposed as conditions for approving certain design features.

Federal Register, Volume 82 Issue 210 (Wednesday, November 1, 2017)
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Proposed Rules]
[Pages 50583-50593]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23360]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 27 and 29

[Docket No.: FAA-2017-0990]
RIN 2120-AK80


Normal and Transport Category Rotorcraft Certification

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to amend the certification standards of 
normal and transport category helicopters. The proposed changes are 
necessary to address modern designs currently used in the rotorcraft 
industry and would reduce the burden on applicants for certification of 
new rotorcraft designs. The proposed changes would reduce or eliminate 
the need for certain special conditions currently required to obtain 
certification of modern rotorcraft. The proposed changes would also 
incorporate the requirements of equivalent level of safety findings 
that the FAA has imposed as conditions for approving certain design 
features.

DATES: Send comments on or before January 30, 2018.

ADDRESSES: Send comments identified by docket number FAA-2017-0990 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For questions concerning this action, 
contact Sandra Shelley, Aviation Safety Engineer, Safety Management 
Group, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 
222-5110; email [email protected].

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
the authority of the FAA

[[Page 50584]]

Administrator. Subtitle VII, Aviation Programs, describes in more 
detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Sections 44701 and 44704. Under 
section 44701, the FAA is charged with prescribing regulations 
promoting safe flight of civil aircraft in air commerce by prescribing 
minimum standards required in the interest of safety for the design and 
performance of aircraft. Under section 44704, the Administrator issues 
type certificates for aircraft, aircraft engines, propellers, and 
specified appliances when the Administrator finds the product is 
properly designed and manufactured, performs properly, and meets the 
regulations and minimum standards prescribed under section 44701(a). 
This rulemaking is within the scope of these authorities because it 
would promote safety by updating the existing minimum prescribed 
standards used during the type certification process.

I. Overview of Proposed Rule

    The FAA proposes to revise regulations in title 14 Code of Federal 
Regulations (14 CFR) part 27 (Airworthiness Standards: Normal Category 
Rotorcraft) and part 29 (Airworthiness Standards: Transport Category 
Rotorcraft) related to the certification of rotorcraft. The proposed 
changes are necessary due to the extensive application of advancing 
technologies to rotorcraft. Existing airworthiness standards are 
inadequate because they do not address increasing design complexity. To 
address these advances, the FAA currently issues reoccurring special 
conditions, equivalent level of safety findings (ELOS), and means of 
compliance (MOC) issue papers. This proposed rule would address these 
problem areas by updating those standards that cause unnecessary 
burdens in cost and time to both the FAA and the rotorcraft industry. 
Compliance with these proposed regulatory changes would continue to be 
shown by the same testing, analysis, and inspections as in the current 
certification process and there would be a reduced burden through 
clarification of the safety requirements for the installed systems.

II. Background

A. Statement of the Problem

    The FAA is proposing to update parts 27 and 29 because the 
regulations were originally published in 1964 and revisions to the 
airworthiness standards have not kept pace with advances in technology 
for rotorcraft. The FAA addresses the changes to technology by issuing 
reoccurring special conditions, ELOS findings, and MOC issue papers. 
Special conditions are prescribed under 14 CFR 21.16 when the FAA finds 
the applicable airworthiness standards do not contain adequate or 
appropriate safety standards because of a novel or unusual design 
feature. The FAA issues ELOS findings under Sec.  21.21(b)(1) where a 
design does not literally comply with the airworthiness standards, but 
compensating factors exist that provide an equivalent level of safety. 
MOC issue papers document compliance methodologies that fall outside 
existing guidance and policies. These three processes are necessary to 
address new design features for which airworthiness standards are 
lacking, literal compliance with a rule cannot be achieved, or 
alternative methods of compliance are proposed. In some cases, 
advancements in technology have rendered the regulations obsolete.
    These special conditions, ELOS findings, and MOC issue papers 
impact FAA resources and applicants' schedules for obtaining FAA 
approval of their products. By updating the affected standards, many 
special conditions, ELOS findings, and MOC issue papers would be 
unnecessary, thus reducing the burden on both the FAA and industry. We 
also propose to update a few of these rules to correct typographical 
errors.
    Sections 27.1329 and 29.1329 do not adequately address the latest 
technology in flight control automation. These standards adequately 
addressed the functionality of autopilots for many years until recently 
with the development of more sophisticated functions, especially in 
normal category helicopters. The rotorcraft autopilot systems of 
previous years controlled only altitude, attitude, and heading. The 
more advanced autopilot systems also control airspeed, vertical speed, 
and hover. The current rule is inconsistent with FAA-accepted industry 
standards and practices. The current rule does not adequately cover the 
growing changes in the marketplace toward increased automation in the 
primary flight controls.
    Sections 27.1335 and 29.1335 were originally written to address a 
particular flight control concept called ``flight director systems;'' 
however, the term itself has long been considered a standard part of a 
modern autopilot covered under Sec. Sec.  27.1329 and 29.1329. In 
addition, the text we propose to remove from Sec. Sec.  27.1335 and 
29.1335 has been added to the proposed Sec. Sec.  27.1329 and 29.1329 
rules. The impact to industry would be minimal since the current 
material associated with these rules in Advisory Circular (AC) 27-1B, 
Certification of Normal Category Rotorcraft, and AC 29-2C, 
Certification of Transport Category Rotorcraft,\1\ already recognizes 
industry standards and practices.
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    \1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/.
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    In appendix B to parts 27 and 29, the reference to Amendment 29-14 
in section VIII needs to be removed. By citing the amendment within the 
rule, appendix B requires updating every time a relevant part 27 or 
part 29 rule is changed.

B. National Transportation Safety Board Recommendations

    As a result of incidents involving lithium-ion batteries installed 
on aircraft, the National Transportation Safety Board (NTSB) issued 
Safety Recommendations A-14-032 through 036 to the FAA on May 22, 
2014.\2\ The NTSB recommended the FAA develop abuse tests to simulate 
failures observed in the incidents investigated and to address findings 
in recent research (A-14-032), perform these tests on new aircraft for 
certain installations (A-14-033), develop guidance on acceptable 
methods to induce thermal runaway that reliably simulates battery 
failures (A-14-034), review methods of compliance used to certificate 
in-service lithium-ion battery aircraft installations to ensure that 
they adequately protect against adverse effects of a cell thermal 
runaway (A-14-035), and develop policy to establish a panel of 
technical experts to advise on compliance and best practices for safely 
installing new technology (A-14-036). This proposed rule would 
incorporate these NTSB recommendations as they relate to rotorcraft 
into Sec. Sec.  27.1353 and 29.1353.
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    \2\ http://www.ntsb.gov/.
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III. Discussion of the Proposal

A. AC 27-1B and AC 29-2C Guidance

    AC 27-1B and AC 29-2C provide information on methods of compliance 
with 14 CFR parts 27 and 29, which contain the airworthiness standards 
for normal and transport category rotorcraft. These ACs include methods 
of compliance in the areas of basic design, ground tests, and flight 
tests. With these proposed rules, the FAA is also proposing related 
changes to these ACs.

B. Powerplant Instruments (Sec. Sec.  27.1305 and 29.1305)

    Sections 27.1305 and 29.1305 prescribe the specific required 
powerplant instruments for rotorcraft.

[[Page 50585]]

The current rules specify separate indicators for many of these 
instruments, including engine manifold pressure and engine revolutions 
per minute (r.p.m.) for reciprocating engines, or gas producer speed, 
gas temperature, and torque for turbine engines.
    Traditionally, pilots determine the powerplant performance 
conditions by monitoring individual gauges: Gas temperature, gas 
producer speed, and torque. Sections 27.1305 and 29.1305 establish the 
required powerplant instruments, and Sec. Sec.  27.1321 and 29.1321 
require that these instruments be easily visible to the pilot. These 
instruments measure the performance output of the engines and they 
collectively allow the pilot to continuously monitor the condition and 
health of the engines.
    Many rotorcraft manufacturers have started to incorporate a 
synthesized power indicator (SPI) that provides a single indicator of 
engine performance. This single value displayed to the pilot is 
generally presented as a percentage of the nearest engine limit. The 
continuously displayed SPI presents the calculated value to the flight 
crew on the primary flight displays along with a caption indicating the 
nearest engine limiting parameter that is being used for the SPI 
displayed calculation. Acceptable designs allow the pilot to monitor 
engine performance and trends. Technologies such as an SPI, which 
combine multiple indicators into one, cannot meet the requirements of 
the current rules. By allowing means other than dedicated indicators, 
the proposed changes would permit designs incorporating an SPI or 
similar concepts. The FAA proposes to revise Sec. Sec.  27.1305(e), 
(k), (n), and (o) and 29.1305(a)(5), (11), and (12) to allow other 
means of powerplant indication for these instruments. Section 
27.1305(k) would continue to require a tachometer to indicate main 
rotor speed, but would also require a separate means to indicate the 
r.p.m. of each engine. The FAA also proposes to modify Sec.  27.1305(o) 
by replacing ``turboshaft'' with ``turbine'' to be consistent with 
similar wording used throughout parts 27 and 29.
    For part 29, the FAA proposes to add Sec.  29.1305(b)(4) to permit 
manipulating the powerplant instruments to simulate one engine 
inoperative (OEI) conditions without damaging the engines. Section 
29.1305 requires unbiased engine instrument indications to remain 
available to assure operation within safe limits. Several helicopter 
designs include, for Category A \3\ training purposes (OEI Training 
Mode), a feature to represent a simulated engine failure by reducing 
power of all engines symmetrically. This simulated OEI condition is 
shown on the engine instruments by biasing the engine power, gas 
temperature, and gas producer and free power turbine tachometers on the 
primary flight display. To avoid confusion, the proposed Sec.  
29.1305(b)(4) would require additional annunciations to differentiate 
the simulated OEI condition from that of an actual engine failure.
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    \3\ In 14 CFR 1.1, Category A, with respect to transport 
category rotorcraft, means multiengine rotorcraft designed with 
engine and system isolation features specified in Part 29 and 
utilizing scheduled takeoff and landing operations under a critical 
engine failure concept which assures adequate designated surface 
area and adequate performance capability for continued safe flight 
in the event of engine failure.
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    The proposed changes to Sec.  29.1305 would permit designs 
incorporating an OEI Training Mode. The FAA is not proposing changes to 
Sec.  27.1305 because 14 CFR part 27 Category A rotorcraft are approved 
under appendix C to part 27, which requires compliance with Sec.  
29.1305.

C. Rotorcraft Equipment, Systems, and Installations (Sec. Sec.  
27.1309, 29.1309, and Appendix C to Part 27)

    Sections 27.1309 and 29.1309 apply generally to all systems on the 
aircraft that do not otherwise have specific language to analyze the 
safety aspects of a system. The proposed changes to Sec.  27.1309 would 
address advances in technology and increases in performance of normal 
category rotorcraft that were not envisioned when this rule was 
originally promulgated. Manufacturers installed complex and highly 
integrated systems in part 27 rotorcraft certificated for instrument 
flight rules (IFR) under appendix B and Category A operations under 
appendix C. At that time, the FAA did not envision complex and highly 
integrated systems would be installed in non-IFR and non-Category A 
normal category rotorcraft because industry was not employing this 
advanced technology or the technology did not exist. The analysis 
methods used to identify and determine the effects of system failures 
required in Sec.  27.1309 are not adequate for today's complex and 
highly integrated systems. The use of this advanced technology resulted 
in an exponential increase in the number of ways rotorcraft systems can 
fail and a decrease in the discernibility of such failures. To ensure 
the reliability of the rotorcraft system is not compromised when 
utilizing complex and highly integrated technology, the FAA is 
proposing a more structured repeatable failure analysis.
    The proposed change would also eliminate the distinction between 
single-engine and multi-engine rotorcraft. Section 27.1309 currently 
requires applicants to assess the effects of failures that may be 
introduced by installed systems and equipment, and distinguishes that 
the methods for assessing these failures may be different between 
single and multi-engine rotorcraft. This distinction was envisioned 
because multi-engine rotorcraft employed complex systems or systems 
with more severe failure effects. This distinction is now irrelevant 
since current analysis tools for technologies and associated failure 
effects do not consider number of engines as required input.
    The proposed rule would clarify the requirement to perform a proper 
failure analysis and also recognize that the severity of failures can 
vary. Since the current rule was promulgated, the number of failure 
condition categories has varied. Current industry standards and 
practices recognize five failure condition categories: Catastrophic, 
Hazardous, Major, Minor, and No-Safety Effect. The proposed rule 
recognizes the maximum and minimum failure effects without prescribing 
the number of failure effect severity categories. This proposed change 
would also accommodate future changes in industry failure analysis 
techniques and reflect current certification practices. Additionally, 
it would eliminate the need to issue recurring special conditions and 
remove the additional time and cost to industry.
    The changes proposed for Sec. Sec.  27.1309 and 29.1309 would make 
the sections consistent. These changes would remove the necessity to 
reference Sec.  29.1309 in appendix C of part 27. Although a specific 
reference to Sec.  27.1309 would not be added, appendix C of part 27 
already requires compliance with all of part 27 for Category A 
certification. These proposed changes would not eliminate the 
requirement to reassess compliance with Sec.  27.1309 for applicants 
who request Category A operations. The FAA proposes to change appendix 
C to delete the reference to Sec.  29.1309.
    The FAA proposes to update Sec.  29.1309 to be consistent with 
industry standards and practices for conducting failure analysis. These 
proposed changes are intended to allow flexibility in the types of 
assessments applicants may provide for showing compliance.

[[Page 50586]]

    Section 29.1309 currently requires applicants to assess the effects 
of failures resulting from installed systems and equipment. The current 
rule also identifies differences in the depth of assessing failures 
between Category A and Category B \4\ rotorcraft. Complex and highly 
integrated systems were typically installed in part 29 rotorcraft 
certificated for Category A operations. Like the distinction between 
single-engine and multi-engine rotorcraft discussed previously, this 
distinction was made because the FAA did not envision that complex and 
highly integrated systems would be installed in rotorcraft certificated 
for Category B operations. This distinction is now irrelevant since 
current analysis tools for technologies and associated failure effects 
do not differ between Category A and Category B. The FAA proposes to 
add an introductory paragraph and revise paragraphs (a) and (b) to 
clarify that all equipment, systems, and installations on the 
rotorcraft must be analyzed and to remove the distinction between 
Category A and B. Although the effects of the failures may be 
different, the method for conducting the failure analysis is the same 
regardless of the operations evaluated.
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    \4\ In 14 CFR 1.1, Category B, with respect to transport 
category rotorcraft, means single-engine or multiengine rotorcraft 
which do not fully meet all Category A standards. Category B 
rotorcraft have no guaranteed stay-up ability in the event of engine 
failure and unscheduled landing is assumed.
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    The term ``warning'' in Sec.  29.1309(c) and (d) has been 
interpreted as requiring a red level alert, when the intent was to 
notify the crew of all required annunciations. Therefore, the FAA 
proposes to modify paragraphs (c) and (d) by removing the terms 
``warning'' and ``probability'' and replacing them with 
``annunciation'' and ``effect'' respectively, and adding ``misleading 
data'' as a standard failure mode.
    The FAA also proposes removing the requirements of Sec.  29.1309(e) 
and (f) dealing specifically with electrical systems as they are 
covered by Sec. Sec.  29.1351, 29.1353, 29.1355, and 29.1357.

D. Automatic Flight Guidance and Control Systems (Sec. Sec.  27.1329, 
27.1335, 29.1329, and 29.1335)

    The FAA proposes to standardize terminology and combine the 
requirements for automatic pilot and flight director systems into one 
rule. Sections 27.1329 and 29.1329 address automatic pilot systems 
while Sec. Sec.  27.1335 and 29.1335 address flight director systems. 
At the time these rules were promulgated, the functionality of designs 
prompted a separate rule for each system. Since then, systems for 
automatic control of flight have evolved. Modern designs include both 
automatic pilot and flight director systems and are now referred to as 
automatic flight guidance and control systems. Having these systems in 
separate rules that use different terminology has resulted in some 
confusion. The proposed changes would remove Sec. Sec.  27.1335 and 
29.1335 and incorporate the requirements into Sec. Sec.  27.1329 and 
29.1329. The FAA also proposes to use the term ``automatic flight 
guidance and control systems'' to address both automatic pilot and 
flight director systems, as well as the components.

E. Instrument Systems (Sec.  29.1333 and Appendix B to Parts 27 and 29)

    Currently, Sec.  29.1333(a) requires isolating the pilot instrument 
system from any other operating systems. At the time the rule was 
promulgated, these systems were federated, and connecting these systems 
increased the likelihood that a fault in one system would cause a fault 
in the pilot instrument system. This physical independence between the 
pilot system and other operating systems prevented the pilot system's 
reliability from being compromised by other operating systems. With the 
adoption of microprocessor technology and the trend towards complex and 
highly integrated systems, the requirement for physical independence is 
no longer appropriate. The use of this technology resulted in an 
exponential increase in the number of ways rotorcraft systems can fail 
and a decrease in the discernibility of such failures. To ensure the 
reliability of the pilot system is not compromised when utilizing 
microprocessors or highly integrated systems, modern designs allow 
redundant systems in the rotorcraft to compare information. Rotorcraft 
cannot utilize current technology, and redundant systems cannot compare 
information, when the pilot instrument system is isolated.
    The FAA proposes to revise Sec.  29.1333(a) and section 
VIII(b)(5)(i) of appendix B to parts 27 and 29 to make them applicable 
only to pneumatic systems. These proposed changes would allow for the 
use of modern technology to monitor and display highly integrated 
information regarding the rotorcraft that is currently not permitted. 
The FAA also proposes revising appendix B to parts 27 and 29 to remove 
the amendment level as previously discussed in section B of the 
preamble.

F. Electrical Systems and Equipment (Sec.  29.1351) and Energy Storage 
Systems (Sec. Sec.  27.1353 and 29.1353)

    The FAA proposes changing Sec. Sec.  27.1353 and 29.1353 to provide 
a general regulation that is not directed at a particular battery or 
battery chemistry. The existing regulations were first written when 
backup electrical power was provided solely by a lead acid battery. The 
regulations were later amended to add requirements specific to the 
nickel-cadmium battery chemistry. Recently, batteries have been 
developed using various lithium chemistries. Lead acid, nickel-cadmium, 
and lithium batteries are all energy storage devices with different 
operational parameters and failure mechanisms. Rather than add specific 
lithium battery requirements, which would necessitate further 
amendments to address future energy storage chemistries, the FAA is 
proposing to generalize the regulation to accommodate any energy 
storage system. The proposed regulation would be less prescriptive than 
the existing regulation.
    The FAA's intent with this proposal is that the modified regulation 
would be directly applicable to both lead acid and nickel-cadmium 
batteries without imposing additional requirements. In addition, this 
generalized approach would allow the FAA to consider batteries, fuel 
cells, or any other energy storage device not yet developed. Certain 
attributes tied to a specific battery chemistry currently found in the 
regulation would be addressed in AC 27-1B and AC 29-2C. These proposed 
changes to Sec. Sec.  27.1353 and 29.1353 are intended to reduce the 
burden on the FAA and the rotorcraft industry associated with issuing 
special conditions and the related issue papers.
    Section 29.1353, paragraphs (a) and (b) would be moved into Sec.  
29.1351 as paragraphs (e) and (f) respectively. These paragraphs are 
general requirements for all electrical systems and equipment 
installations. This change is proposed for consistency because those 
requirements are more appropriate in Sec.  29.1351. This proposed 
change would standardize the requirements of Sec. Sec.  27.1353 and 
29.1353 and both section titles would be changed to ``Energy storage 
systems'' to properly reflect the new language.

G. Instrument Markings (Sec. Sec.  27.1545, 29.1545, 27.1549, and 
29.1549)

    The FAA proposes to modify Sec. Sec.  27.1545(b)(4), 27.1549(b), 
29.1545(b)(4), and 29.1549(b) by eliminating the restriction of only 
using

[[Page 50587]]

a ``green arc'' to indicate normal operating ranges. The existing rules 
require using a green arc for normal operating ranges on airspeed and 
powerplant instruments. Modern glass cockpits generally do not contain 
these green indicators. The philosophy utilized by modern cockpit 
designs is the ``dark, quiet cockpit,'' and only yellow or red is 
presented to indicate the aircraft is outside the normal or safe 
operating range. The absence of green arcs did not meet the requirement 
of the rule. Since the rule was promulgated, the FAA has determined 
that if all abnormal conditions are otherwise adequately indicated, 
green markings are unnecessary. These accepted design features include 
the pilot being able to easily interpret (by way of glancing at the 
instrument) whether a parameter is in a precautionary range (yellow) or 
beyond a limit (red). Almost every current rotorcraft design now 
incorporates a glass cockpit that requires an ELOS finding for the 
absence of green arcs. This proposal only affects the color utilized 
for the normal operating ranges and does not address graduation 
markings on an instrument.
    The FAA also proposes to remove the term ``radial'' from Sec. Sec.  
27.1545(b)(1), 27.1549(a), 29.1545(b)(1), and 29.1549(a). At the time 
these rules were promulgated, cockpit instruments were circular, and 
therefore the technically-correct term ``radial line'' was used. 
Technological advances have since produced linear-scale gauges 
rendering the term ``radial'' obsolete. The term ``line'' is intended 
to represent a radial for round instruments or a line for tape or other 
style instruments.
    The FAA further proposes to replace ``arc'' with ``range'' in 
Sec. Sec.  27.1545(b)(3), 27.1545(b)(4), 27.1549(b), 27.1549(c), 
27.1549(d), 29.1545(b)(3), 29.1545(b)(4), 29.1549(b), 29.1549(c), and 
29.1549(d). When these regulations were created, cockpit instruments 
were circular. ``Arc'' is a term that only applies to round gauges and 
not to tape or other style instruments, which are in popular use today. 
The FAA intends ``range'' to be applied to round, tape, or other style 
instruments.
    Finally, the FAA proposes to move the requirement for indicating 
VNE (power-off) from Sec.  27.1545(b)(2) to Sec.  
27.1545(b)(1)(iii) and modify it to encompass designs that incorporate 
a means other than a red cross-hatched line. The FAA has previously 
accepted designs that utilize a single red line for VNE 
(power-on) and VNE (power-off) when not concurrently 
displayed. Additionally, a red and white cross-hatched ``barber pole'' 
may not be the only acceptable method for distinguishing VNE 
(power-off) from VNE (power-on). The FAA also proposes to 
apply this change to Sec.  29.1545.

H. Control Markings (Sec. Sec.  27.1555 and 29.1555)

    The FAA proposes to modify Sec. Sec.  27.1555(c)(1) and 
29.1555(c)(1) to permit more than one method to inform the pilot of the 
usable fuel system capacity. The existing rules require marking the 
usable fuel capacity at the fuel quantity indicator. Older, analog fuel 
gauges (many without numbers) used a placard to inform the pilot of the 
useful fuel quantity. With modern display systems, the location of the 
fuel quantity indicator, as well as the fact that the location may 
change, make it impractical to affix a placard next to the display. In 
addition, although useful fuel capacity is commonly included in the 
rotorcraft flight manual, the proposed alternate method would make this 
a requirement to address the lack of continuous display provided by a 
placard.

I. Typographical and Standardizing Corrections (Sec. Sec.  27.87, 
27.903, 29.955, 29.977, 29.1019, 29.1517, and 29.1587)

    The FAA proposes to correct several typographical errors and to 
revise certain terminology differences between part 27 and part 29. 
First, the FAA proposes to revise the title of Sec.  27.87 to coincide 
with the title of Sec.  29.87, which is the equivalent transport 
category rotorcraft requirement. The title of Sec.  29.87 was changed 
from ``Limiting height-speed envelope'' to ``Height-velocity envelope'' 
in order to ``agree with the commonly used term.'' However, the 
corresponding title to Sec.  27.87 was not similarly changed at that 
time.
    The FAA also proposes to replace the term ``height-speed'' with the 
term ``height-velocity'' throughout Sec. Sec.  27.1587, 29.1587, and 
29.1517 to be consistent with the title nomenclature of Sec. Sec.  
27.87 and 29.87. These proposed changes are intended to reduce 
confusion between and within parts 27 and 29.
    The FAA also proposes to reformat Sec.  27.903(d) so that it is 
consistent with the format of the Sec.  29.903(e) engine restart 
capability requirement. When the Sec.  27.903(d) restart capability 
requirements were adopted, the paragraph structure of the existing 
Sec.  29.903(e) was not used even though the technical requirements 
were intended to be identical. The restart capability requirements of 
Sec.  27.903(d) are not being changed in this proposal. These proposed 
changes are intended to reduce confusion between part 27 and part 29 by 
using a standard format for the same technical requirements.
    The FAA proposes to correct a typographical error in Sec. Sec.  
29.955 and 29.1019. When Sec.  29.1305 was updated to add a requirement 
for an oil pressure indicator for pressure-lubricated gearboxes, the 
numbering sequence was changed when the additional requirement was 
inserted at paragraph (a)(6). The Sec.  29.1305(a)(17) fuel filter 
contamination warning was moved to paragraph (a)(18), and the Sec.  
29.1305(a)(18) turbine engine filter contamination warning was moved to 
paragraph (a)(19). However, the reference to the fuel filter 
contamination warning in Sec.  29.955(a)(7) and the turbine engine 
filter contamination warning in Sec.  29.1019(a)(5) were not updated to 
account for the change in numbering sequence. This proposed change 
would correct the reference at Sec. Sec.  29.955(a)(7) and 
29.1019(a)(5).
    Finally, the FAA proposes to correct a typographical error in Sec.  
29.977. When Sec.  29.977 was updated, it incorrectly carried over 
references to ``airplanes'' from an identical part 23 update. The 
proposed change would revise Sec.  29.977 by removing the term 
``airplanes'' and replacing it with the term ``rotorcraft.''

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995).

[[Page 50588]]

This portion of the preamble summarizes the FAA's analysis of the 
economic impacts of this proposed rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this proposed rule. The 
reasoning for this determination follows:
    The FAA proposes to revise regulations in 14 CFR part 27 
(Airworthiness Standards: Normal Category Rotorcraft) and part 29 
(Airworthiness Standards: Transport Category Rotorcraft) related to the 
certification of rotorcraft. The proposed changes are necessary due to 
advancing technologies, which address a lack of adequate airworthiness 
standards resulting from increasing design complexity. As a result, 
many regulatory sections are subject to reoccurring special conditions, 
ELOS, and MOC issue papers. This proposed rulemaking would address 
these problem areas by updating the rules that cause unnecessary 
burdens in cost and time to both the FAA and the rotorcraft industry. 
The compliance cost to industry of these proposed regulation changes 
would be minimal. The justification for minimal cost by regulation is 
identified in sections 1 through 9 below.
1. Powerplant Instruments (Sec. Sec.  27.1305 and 29.1305)
    Changes to this section would allow for other means of compliance 
for powerplant instrument indicators. Other means of compliance are 
voluntary and do not impose any new cost but could be cost relieving 
for those that choose to voluntarily comply. Additionally, for Sec.  
29.1305, the FAA would permit manipulating the powerplant instruments 
to simulate OEI conditions without damaging the engines. However, 
helicopters with OEI Training Mode would require additional indicators 
to differentiate the OEI condition from actual engine failure, but 
these indicators are already being installed in current rotorcraft. The 
FAA believes this proposed change would impose minimal new cost to 
industry, as these are current industry practice.
2. Normal Category Rotorcraft Equipment, Systems, and Installations 
(Sec.  27.1309 and Appendix C to Part 27)
    The FAA clarifies the requirement to perform proper failure 
analysis that would adopt the current industry practice of five failure 
category conditions. Additionally, the FAA eliminates the distinction 
between single-engine and multi-engine rotorcraft as this distinction 
is irrelevant because current analysis tools for technologies and 
associated failure effects no longer consider the number of engines. As 
these are current industry practice, the FAA asserts that the cost 
associated with these changes is minimal.
3. Transport Category Rotorcraft Equipment, Systems, and Installation 
(Sec.  29.1309)
    This section would be updated to be consistent with industry 
standards and practices for conducting failure analysis. The proposed 
rule would clarify the requirement to perform a proper failure analysis 
and also recognize that the severity of failures can vary. The FAA 
asserts that performing a proper failure analysis would be minimal cost 
as it would codify current industry practices. Additionally, this 
section would be changed to accommodate future changes in industry 
failure analysis techniques and reflects current certification 
practices. Moving to a performance based standard would reduce the need 
to issue recurring special conditions and potentially save manufactures 
that choose to use an alternative means of compliance. Thus, these 
proposed changes would impose minimal cost.
4. Automatic Flight Guidance and Control Systems (Sec. Sec.  27.1329, 
27.1335, 29.1329, and 29.1335)
    The FAA proposes to standardize terminology and combine the 
requirements for automatic pilot and flight director systems into one 
rule. Modern designs include both automatic pilot and flight director 
systems and are now referred to as automatic flight guidance and 
control systems. Changes to this section would match current industry 
practices at a minimal cost.
5. Instrument Systems (Sec.  29.1333 and Appendix B to Parts 27 and 29)
    The FAA proposed change would allow for the use of more modern 
integrated systems to monitor and display highly integrated information 
regarding the rotorcraft. This section would impose minimal cost as the 
updates reflect modern industry practices of integrating instrument 
systems.
6. Electrical Systems and Equipment (Sec.  29.1351) and Energy Storage 
Systems (Sec. Sec.  27.1353 and 29.1353)
    The FAA proposed changes are less prescriptive and performance-
based to accommodate different energy storage systems. The modified 
regulation would be directly applicable to both lead acid and nickel-
cadmium batteries without imposing additional requirements. The change 
would allow the FAA to keep up with changes in technology. Cost to the 
industry should be minimal as performance based requirements allow for 
minimal cost options to meet the current standard.
7. Instrument Markings (Sec. Sec.  27.1545, 29.1545, 27.1549, and 
29.1549)
    The proposed rule would remove the restrictive requirement for some 
instrument markings to allow alternative means of compliance, i.e.--
green arc, radial red line, etc. Allowing for another means of 
compliance is voluntary and would be either a minimal cost and possibly 
cost relieving for manufactures that elect to outfit the rotorcraft 
with different instrument markings.
8. Control Markings (Sec. Sec.  27.1555 and 29.1555)
    The proposed rule would permit more than one method to inform the 
pilot of the usable fuel system capacity. However, alternative method 
must address the lack of continuous display. Changes to this section 
allows for more than one means of compliance. Offering alternative 
means of compliance allows industry to meet the requirement with the 
least costly option that can be cost relieving or the existing method 
of compliance, but either method would be no more than minimal cost.
9. Typographical and Standardizing Corrections (Sec. Sec.  27.87, 
27.903, 29.955, 29.977, 29.1019, 29.1517, and 29.1587)
    Costs for proposed changes to this section are minimal as these are 
strictly typographical or standardizing corrections.
    The FAA has, therefore, determined that this proposed rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures. The FAA requests comments with 
supporting justification about the FAA determination of minimal cost 
impact.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that

[[Page 50589]]

agencies shall endeavor, consistent with the objectives of the rule and 
of applicable statutes, to fit regulatory and informational 
requirements to the scale of the businesses, organizations, and 
governmental jurisdictions subject to regulation. To achieve this 
principle, agencies are required to solicit and consider flexible 
regulatory proposals and to explain the rationale for their actions to 
assure that such proposals are given serious consideration.'' The RFA 
covers a wide-range of small entities, including small businesses, not-
for-profit organizations, and small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA. 
However, if an agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities, 
section 605(b) of the RFA provides that the head of the agency may so 
certify and a regulatory flexibility analysis is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    The FAA proposes to amend the certification standards of normal and 
transport category helicopters. The proposed changes reflect modern 
designs currently used in the rotorcraft industry and would reduce the 
burden on applicants for certification of new rotorcraft designs. The 
proposed changes would reduce or eliminate the need for certain special 
conditions currently required to obtain certification of modern 
rotorcraft. This proposed rule would merely revise and clarify FAA 
rulemaking procedures; the expected outcome will have only a minimal 
cost impact on any small entity affected by this rulemaking action.
    If an agency determines that a rulemaking will not result in a 
significant economic impact on a substantial number of small entities, 
the head of the agency may so certify under section 605(b) of the RFA. 
Therefore, as provided in section 605(b), the head of the FAA certifies 
that this rulemaking will not result in a significant economic impact 
on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this proposed rule and determined that 
the potential benefits are available to both domestic and international 
firms which would either have no affect or a positive effect on 
international trade.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $155 million in lieu of $100 
million. This proposed rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there would be no new requirement for information collection associated 
with this proposed rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6.f and involves no extraordinary 
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action would not have a substantial direct effect 
on the States, or the relationship between the Federal Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, and, therefore, would not have 
Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning

[[Page 50590]]

this proposed rulemaking. Before acting on this proposal, the FAA will 
consider all comments it receives on or before the closing date for 
comments. The FAA will consider comments filed after the comment period 
has closed if it is possible to do so without incurring expense or 
delay. The agency may change this proposal in light of the comments it 
receives.
    Proprietary or Confidential Business Information: Commenters should 
not file proprietary or confidential business information in the 
docket. Such information must be sent or delivered directly to the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this document, and marked as proprietary or confidential. If submitting 
information on a disk or CD ROM, mark the outside of the disk or CD 
ROM, and identify electronically within the disk or CD ROM the specific 
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.thefederalregister.org/fdsys/.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. 
Commenters must identify the docket number of this rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
(1) above.

List of Subjects

14 CFR Part 27

    Aircraft, Aviation safety.

14 CFR Part 29

    Aircraft, Aviation safety.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

PART 27--AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT

0
1. The authority citation for part 27 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

0
2. Amend Sec.  27.87 by revising the section heading and paragraph (a) 
introductory text to read as follows:


Sec.  27.87  Height-velocity envelope.

    (a) If there is any combination of height and forward speed 
(including hover) under which a safe landing cannot be made under the 
applicable power failure condition in paragraph (b) of this section, a 
limiting height-velocity envelope must be established (including all 
pertinent information) for that condition, throughout the ranges of--
* * * * *
0
3. Amend Sec.  27.903 by revising paragraph (d) to read as follows:


Sec.  27.903  Engines.

* * * * *
    (d) Restart capability. (1) A means to restart any engine in flight 
must be provided.
    (2) Except for the in-flight shutdown of all engines, engine 
restart capability must be demonstrated throughout a flight envelope 
for the rotorcraft.
    (3) Following the in-flight shutdown of all engines, in-flight 
engine restart capability must be provided.
0
4. Amend Sec.  27.1305 by revising paragraphs (e), (k) introductory 
text, (n), and (o) to read as follows:


Sec.  27.1305  Powerplant instruments.

* * * * *
    (e) A means to indicate manifold pressure for each altitude engine.
* * * * *
    (k) A means to indicate the r.p.m. of each engine and at least one 
tachometer, as applicable, for:
* * * * *
    (n) A means to indicate the gas temperature for each turbine 
engine.
    (o) A means to enable the pilot to determine the torque of each 
turbine engine, if a torque limitation is established for that engine 
under Sec.  27.1521(e).
* * * * *
0
5. Revise Sec.  27.1309 to read as follows:


Sec.  27.1309  Equipment, systems, and installations.

    The equipment, systems, and installations whose functioning is 
required by this subchapter must be designed and installed to ensure 
that they perform their intended functions under any foreseeable 
operating condition. For any item of equipment or system whose failure 
has not been specifically addressed by another requirement in this 
chapter, the following requirements also apply:
    (a) The design of each item of equipment, system, and installation 
must be analyzed separately and in relation to other rotorcraft systems 
and installations to determine and identify any failure that would 
affect the capability of the rotorcraft or the ability of the crew to 
perform their duties in all operating conditions.
    (b) Each item of equipment, system, and installation must be 
designed and installed so that:
    (1) The occurrence of any catastrophic failure condition is 
extremely improbable;
    (2) The occurrence of any minor failure condition is no more than 
probable; and
    (3) For the occurrence of any other failure condition, the 
probability of the failure condition must be inversely proportional to 
its consequences.
    (c) A means to alert the crew in the event of a failure must be 
provided when an unsafe system operating condition exists to enable 
them to take corrective action. Systems, controls, and associated 
monitoring and crew alerting means must be designed to minimize crew 
errors that could create additional hazards.
    (d) Compliance with the requirements of this section must be shown 
by analysis and, where necessary, by ground, flight, or simulator 
tests. The analysis must account for:
    (1) Possible modes of failure, including malfunctions and 
misleading data and input from external sources;
    (2) The effect of multiple failures and latent failures;
    (3) The resulting effects on the rotorcraft and occupants, 
considering the stage of flight and operating conditions; and
    (4) The crew warning cues and the corrective action required.
0
6. Amend Sec.  27.1329 by revising the section heading, adding 
introductory

[[Page 50591]]

text, and revising paragraphs (a), (d), and (e) to read as follows:


Sec.  27.1329  Automatic flight guidance and control system.

    For the purpose of this subpart, an automatic flight guidance and 
control system may consist of an autopilot, flight director, or a 
component that interacts with stability augmentation or trim.
    (a) Each automatic flight guidance and control system must be 
designed so that it:
    (1) Can be overpowered by the pilot to allow control of the 
rotorcraft;
    (2) Provides a means to disengage the system by the pilot to 
prevent it from interfering with the control of the rotorcraft; and
    (3) Provides a means to indicate to the flight crew its current 
mode of operation.
    Selector switch position is not acceptable as a means of 
indication.
* * * * *
    (d) The system must be designed so that, within the range of 
adjustment available to the pilot, it cannot produce hazardous loads on 
the rotorcraft, or create hazardous deviations in the flight path, 
under any flight condition appropriate to its use or in the event of a 
malfunction.
    (e) If the automatic flight guidance and control system integrates 
signals from auxiliary controls or furnishes signals for operation of 
other equipment, there must be a means to prevent improper operation.
* * * * *


Sec.  27.1335  [Removed]

0
7. Remove Sec.  27.1335.
0
8. Revise Sec.  27.1353 to read as follows:


Sec.  27.1353  Energy storage systems.

    Energy storage systems must be designed and installed as follows:
    (a) Energy storage systems must provide automatic protective 
features for any conditions that could prevent continued safe flight 
and landing.
    (b) Energy storage systems must not emit any explosive or toxic 
gases, smoke, or fluids except through designed venting provisions and 
must not accumulate in hazardous quantities within the rotorcraft.
    (c) Corrosive fluids or gases that escape from the system must not 
damage surrounding structures, adjacent equipment, or systems necessary 
for continued safe flight and landing.
    (d) The maximum amount of heat that can be generated during any 
operation or under any failure condition of the energy storage system 
or its individual components must not result in any hazardous effect on 
rotorcraft structure, equipment, or systems necessary for continued 
safe flight and landing.
    (e) Energy storage system installations required for continued safe 
flight and landing of the rotorcraft must have monitoring features and 
a means to indicate to the pilot the status of all critical system 
parameters.
0
9. Amend Sec.  27.1545 by revising paragraph (b) to read as follows:


Sec.  27.1545  Airspeed indicator.

* * * * *
    (b) The following markings must be made:
    (1) A red line--
    (i) For rotorcraft other than helicopters, at VNE.
    (ii) For helicopters, at VNE (power-on).
    (iii) For helicopters, at VNE (power-off). If 
VNE (power-off) is less than VNE (power-on) and 
both are simultaneously displayed, the red line at VNE 
(power-off) must be clearly distinguishable from the red line at 
VNE (power-on).
    (2) [Reserved]
    (3) For the caution range, a yellow range.
    (4) For the normal operating range, a green or unmarked range.
* * * * *
0
10. Amend Sec.  27.1549 by revising paragraphs (a) through (d) to read 
as follows:


Sec.  27.1549  Powerplant instruments.

* * * * *
    (a) Each maximum and, if applicable, minimum safe operating limit 
must be marked with a red line;
    (b) Each normal operating range must be marked as a green or 
unmarked range;
    (c) Each takeoff and precautionary range must be marked with a 
yellow range or yellow line; and
    (d) Each engine or propeller range that is restricted because of 
excessive vibration stresses must be marked with red ranges or red 
lines.
* * * * *
0
11. Amend Sec.  27.1555 by revising paragraph (c)(1) to read as 
follows:


Sec.  27.1555  Control markings.

* * * * *
    (c) * * *
    (1) For fuel systems having no selector controls, the usable fuel 
capacity of the system must be indicated at the fuel quantity indicator 
unless it is:
    (i) Provided by another system or equipment readily accessible to 
the pilot; and
    (ii) Contained in the limitations section of the rotorcraft flight 
manual.
* * * * *
0
12. Amend Sec.  27.1587 by revising paragraph (a)(1) to read as 
follows:


Sec.  27.1587  Performance information.

    (a) * * *
    (1) Enough information to determine the limiting height-velocity 
envelope.
* * * * *
0
13. Amend appendix B to part 27 by revising paragraphs VIII 
introductory text and VIII(b)(5)(i) to read as follows:

Appendix B to Part 27--Airworthiness Criteria for Helicopter Instrument 
Flight

* * * * *
    VIII. Equipment, systems, and installation. The basic equipment and 
installation must comply with Sec. Sec.  29.1303, 29.1431, and 29.1433, 
with the following exceptions and additions:
* * * * *
    (b) * * *
    (5) * * *
    (i) For pneumatic systems, only the required flight instruments for 
the first pilot may be connected to that operating system;
* * * * *

Appendix C to Part 27 [Amended]

0
14. In appendix C to part 27, amend paragraph C27.2 by removing the 
entry ``29.1309(b)(2) (i) and (d)-Equipment, systems, and 
installations.''

PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT

0
15. The authority citation for part 29 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44704.

0
16. Amend Sec.  29.955 by revising paragraph (a)(7) to read as follows:


Sec.  29.955  Fuel flow.

    (a) * * *
    (7) The fuel filter required by Sec.  29.997 is blocked to the 
degree necessary to simulate the accumulation of fuel contamination 
required to activate the indicator required by Sec.  29.1305(a)(18).
* * * * *
0
17. Amend Sec.  29.977 by revising paragraphs (a)(1) and (2) to read as 
follows:


Sec.  29.977  Fuel tank outlet.

    (a) * * *
    (1) For reciprocating engine powered rotorcraft, have 8 to 16 
meshes per inch; and
    (2) For turbine engine powered rotorcraft, prevent the passage of 
any object that could restrict fuel flow or damage any fuel system 
component.
* * * * *
0
18. Amend Sec.  29.1019 by revising paragraph (a)(5) to read as 
follows:

[[Page 50592]]

Sec.  29.1019  Oil strainer or filter.

    (a) * * *
    (5) An oil strainer or filter that has no bypass, except one that 
is installed at an oil tank outlet, must have a means to connect it to 
the warning system required in Sec.  29.1305(a)(19).
* * * * *
0
19. Amend Sec.  29.1305 by revising paragraphs (a)(5), (11), and (12) 
and adding (b)(4) to read as follows:


Sec.  29.1305  Powerplant instruments.

    (a) * * *
    (5) A means to indicate manifold pressure for each reciprocating 
engine of the altitude type;
* * * * *
    (11) A means to indicate the gas temperature for each turbine 
engine;
    (12) A means to indicate the gas producer speed for each turbine 
engine;
* * * * *
    (b) * * *
    (4) For each Category A rotorcraft for which OEI Training Mode is 
requested, a means must be provided to indicate to the pilot the 
simulation of an engine failure, the annunciation of that simulation, 
and a representation of the OEI power being provided.
* * * * *
0
20. Revise Sec.  29.1309 to read as follows:


Sec.  29.1309  Equipment, systems, and installations.

    The equipment, systems, and installations whose functioning is 
required by this subchapter must be designed and installed to ensure 
that they perform their intended functions under any foreseeable 
operating condition. For any item of equipment or system whose failure 
has not been specifically addressed by another requirement in this 
chapter, the following requirements also apply:
    (a) The design of each item of equipment, system, and installation 
must be analyzed separately and in relation to other rotorcraft systems 
and installations to determine and identify any failure that would 
affect the capability of the rotorcraft or the ability of the crew to 
perform their duties in all operating conditions.
    (b) Each item of equipment, system, and installation must be 
designed and installed so that:
    (1) The occurrence of any catastrophic failure condition is 
extremely improbable;
    (2) The occurrence of any minor failure condition is no more than 
probable; and
    (3) For the occurrence of any other failure condition, the 
probability of the failure condition must be inversely proportional to 
its consequences.
    (c) A means to alert the crew in the event of a failure must be 
provided when an unsafe system operating condition exists and to enable 
them to take corrective action. Systems, controls, and associated 
monitoring and crew alerting means must be designed to minimize crew 
errors that could create additional hazards.
    (d) Compliance with the requirements of this section must be shown 
by analysis and, where necessary, by ground, flight, or simulator 
tests. The analysis must account for:
    (1) Possible modes of failure, including malfunctions and 
misleading data and input from external sources;
    (2) The effect of multiple failures and latent failures;
    (3) The resulting effects on the rotorcraft and occupants, 
considering the stage of flight and operating conditions; and
    (4) The crew warning cues and the corrective action required.
0
21. Amend Sec.  29.1329 by revising the section heading, adding 
introductory text, and revising paragraphs (a), (d), and (e) to read as 
follows:


Sec.  29.1329  Automatic flight guidance and control system.

    For the purpose of this subpart, an automatic flight guidance and 
control system may consist of an autopilot, flight director, or a 
component that interacts with stability augmentation or trim.
    (a) Each automatic flight guidance and control system must be 
designed so that it:
    (1) Can be overpowered by the pilot to allow control of the 
rotorcraft;
    (2) Provides a means to disengage the system by the pilot to 
prevent it from interfering with the control of the rotorcraft; and
    (3) Provides a means to indicate to the flight crew its current 
mode of operation. Selector switch position is not acceptable as a 
means of indication.
* * * * *
    (d) The system must be designed so that, within the range of 
adjustment available to the pilot, it cannot produce hazardous loads on 
the rotorcraft, or create hazardous deviations in the flight path, 
under any flight condition appropriate to its use or in the event of a 
malfunction.
    (e) If the automatic flight guidance and control system integrates 
signals from auxiliary controls or furnishes signals for operation of 
other equipment, there must be a means to prevent improper operation.
* * * * *
0
22. Amend Sec.  29.1333 by revising paragraph (a) to read as follows:


Sec.  29.1333  Instrument systems.

* * * * *
    (a) For pneumatic systems, only the required flight instruments for 
the first pilot may be connected to that operating system.
* * * * *


Sec.  29.1335  [Removed]

0
23. Remove Sec.  29.1335.
0
24. Amend Sec.  29.1351 by adding paragraphs (e) and (f) to read as 
follows:


Sec.  29.1351  General.

* * * * *
    (e) Electrical equipment, controls, and wiring must be installed so 
that operation of any one unit or system of units will not adversely 
affect the simultaneous operation of any other electrical unit or 
system essential to safe operation.
    (f) Cables must be grouped, routed, and spaced so that damage to 
essential circuits will be minimized if there are faults in heavy 
current-carrying cables.
* * * * *
0
25. Revise Sec.  29.1353 to read as follows:


Sec.  29.1353  Energy storage systems.

    Energy storage systems must be designed and installed as follows:
    (a) Energy storage systems must provide automatic protective 
features for any conditions that could prevent continued safe flight 
and landing.
    (b) Energy storage systems must not emit any explosive or toxic 
gases, smoke, or fluids except through designed venting provisions and 
must not accumulate in hazardous quantities within the rotorcraft.
    (c) Corrosive fluids or gases that escape from the system must not 
damage surrounding structures, adjacent equipment, or systems necessary 
for continued safe flight and landing.
    (d) The maximum amount of heat that can be generated during any 
operation or under any failure condition of the energy storage system 
or its individual components must not result in any hazardous effect on 
rotorcraft structure, equipment, or systems necessary for continued 
safe flight and landing.
    (e) Energy storage system installations required for continued safe 
flight and landing of the rotorcraft must have monitoring features and 
a means to indicate to the pilot the status of all critical system 
parameters.
0
26. Amend Sec.  29.1517 by revising the section heading to read as 
follows:

[[Page 50593]]

Sec.  29.1517  Limiting height-velocity envelope.

* * * * *
0
27. Amend Sec.  29.1545 by revising paragraph (b) to read as follows:


Sec.  29.1545  Airspeed indicator.

* * * * *
    (b) The following markings must be made:
    (1) A red line:
    (i) For rotorcraft other than helicopters, at VNE.
    (ii) For helicopters, at a VNE (power-on).
    (iii) For helicopters, at VNE (power-off). If 
VNE (power-off) is less than VNE (power-on) and 
both are simultaneously displayed, the red line at VNE 
(power-off) must be clearly distinguishable from the red line at 
VNE (power-on).
    (2) [Reserved]
    (3) For the caution range, a yellow range.
    (4) For the normal operating range, a green or unmarked range.
* * * * *
0
28. Amend Sec.  29.1549 by revising paragraphs (a) through (d) to read 
as follows:


Sec.  29.1549  Powerplant instruments.

* * * * *
    (a) Each maximum and, if applicable, minimum safe operating limit 
must be marked with a red line;
    (b) Each normal operating range must be marked as a green or 
unmarked range;
    (c) Each takeoff and precautionary range must be marked with a 
yellow range or yellow line;
    (d) Each engine or propeller range that is restricted because of 
excessive vibration stresses must be marked with red ranges or red 
lines; and
* * * * *
0
29. Amend Sec.  29.1555 by revising paragraph (c)(1) to read as 
follows:


Sec.  29.1555  Control markings.

* * * * *
    (c) * * *
    (1) For fuel systems having no selector controls, the usable fuel 
capacity of the system must be indicated at the fuel quantity indicator 
unless it is:
    (i) Provided by another system or equipment readily accessible to 
the pilot; and
    (ii) Contained in the limitations section of the rotorcraft flight 
manual.
* * * * *
0
30. Amend Sec.  29.1587 by revising paragraph (b)(6) to read as 
follows:


Sec.  29.1587  Performance information.

* * * * *
    (b) * * *
    (6) The height-velocity envelope except for rotorcraft 
incorporating this as an operating limitation;
* * * * *
0
31. Amend appendix B to part 29 by revising paragraphs VIII 
introductory text and VIII(b)(5)(i) to read as follows:

Appendix B to Part 29--Airworthiness Criteria for Helicopter Instrument 
Flight

* * * * *
    VIII. Equipment, systems, and installation. The basic equipment and 
installation must comply with Sec. Sec.  29.1303, 29.1431, and 29.1433, 
with the following exceptions and additions:
* * * * *
    (b) * * *
    (5) * * *
    (i) For pneumatic systems, only the required flight instruments for 
the first pilot may be connected to that operating system;
* * * * *

    Issued under authority provided by (Consult AGC) 49 U.S.C. 
106(f), 44701(a), and 44703 in Washington, DC, on October 19, 2017.
David W. Hempe,
Deputy Executive Director for Regulatory Operations, Aircraft 
Certification Service.
[FR Doc. 2017-23360 Filed 10-31-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                                     Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules                                            50583

                                                  tolerance must be considered when                          9. The applicant must include design               certification of new rotorcraft designs.
                                                  showing compliance with § 25.571.                       features that ensure the wingtips are                 The proposed changes would reduce or
                                                     4. The folding wingtips and their                    properly secured during ground                        eliminate the need for certain special
                                                  operating mechanism must be designed                    operations, to protect ground personnel               conditions currently required to obtain
                                                  for 65 knot, horizontal, ground-gust                    from bodily injury as well as to prevent              certification of modern rotorcraft. The
                                                  conditions in any direction as specified                damage to the airframe, ground                        proposed changes would also
                                                  in § 25.415(a). Relevant design                         structure, and ground support                         incorporate the requirements of
                                                  conditions must be defined using                        equipment.                                            equivalent level of safety findings that
                                                  combinations of steady wind and taxi                       10. The wingtips must have means to                the FAA has imposed as conditions for
                                                  speeds determined by rational analysis                  safeguard against unlocking from the                  approving certain design features.
                                                  utilizing airport wind data. The folding                extended, flight-deployed position in                 DATES: Send comments on or before
                                                  wingtip is not a control surface as                     flight, as a result of failures, including            January 30, 2018.
                                                  specified in § 25.415(b)(c). Therefore, in              the failure of any single structural                  ADDRESSES: Send comments identified
                                                  lieu of the equation provided in                        element. All sources of airplane power                by docket number FAA–2017–0990
                                                  § 25.415(b), the hinge moment may be                    that could initiate unlocking of the                  using any of the following methods:
                                                  calculated from rational wind-tunnel                    wingtips must be automatically isolated                 • Federal eRulemaking Portal: Go to
                                                  data. The 1.25 factor specified in                      from the wingtip-fold operating system                http://www.regulations.gov and follow
                                                  § 25.415(d) need not be applied to the                  (including the latching and locking                   the online instructions for sending your
                                                  portion of the system that is isolated in               system) prior to flight, and it must not              comments electronically.
                                                  flight and is not critical for safe flight              be possible to restore power to the                     • Mail: Send comments to Docket
                                                  and landing. The folding-wingtip                        system during flight. The wingtip                     Operations, M–30; U.S. Department of
                                                  system must be designed for the                         latching and locking mechanisms must                  Transportation (DOT), 1200 New Jersey
                                                  conditions specified in § 25.415(e), (f),               be designed so that, under all airplane               Avenue SE., Room W12–140, West
                                                  and (g). Runway roughness, as specified                 flight-load conditions, no force or torque            Building Ground Floor, Washington, DC
                                                  in § 25.491, must be evaluated                          can unlatch or unlock the mechanisms.                 20590–0001.
                                                  separately up to the maximum relevant                   The latching system must include a                       • Hand Delivery or Courier: Take
                                                  airplane ground speeds. All of the above                means to secure the latches in the                    comments to Docket Operations in
                                                  conditions must be applied to the                       latched position, independent of the                  Room W12–140 of the West Building
                                                  folding wingtips in the extended (flight-               locking system. It must not be possible               Ground Floor at 1200 New Jersey
                                                  deployed), folded, and transient                        to position the lock in the locked                    Avenue SE., Washington, DC, between 9
                                                  positions.                                              position if the latches and the latching
                                                     5. The airplane must demonstrate                                                                           a.m. and 5 p.m., Monday through
                                                                                                          mechanisms are not in the latched                     Friday, except Federal holidays.
                                                  acceptable handling qualities during
                                                  rollout in a crosswind environment, as
                                                                                                          position, and it must not be possible to                 • Fax: Fax comments to Docket
                                                                                                          unlatch the latches with the locks in the             Operations at 202–493–2251.
                                                  wingtips transition from the flight-
                                                                                                          locked position.                                         Privacy: In accordance with 5 U.S.C.
                                                  deployed to folded position, as well as
                                                  during the unlikely event of asymmetric                   Issued in Renton, Washington, on October            553(c), DOT solicits comments from the
                                                  wingtip folding.                                        25, 2017.                                             public to better inform its rulemaking
                                                     6. The wingtip-fold operating                        Victor Wicklund,                                      process. DOT posts these comments,
                                                  mechanism must have stops that                          Manager, Transport Airplane Directorate,              without edit, including any personal
                                                  positively limit the range of motion of                 Policy and Innovation Division, Aircraft              information the commenter provides, to
                                                  the wingtips. Each stop must be                         Certification Service.                                www.regulations.gov, as described in
                                                  designed to the requirements of                         [FR Doc. 2017–23698 Filed 10–31–17; 8:45 am]          the system of records notice (DOT/ALL–
                                                  § 25.675.                                               BILLING CODE 4910–13–P
                                                                                                                                                                14 FDMS), which can be reviewed at
                                                     7. The wingtip hinge structure must                                                                        www.dot.gov/privacy.
                                                  be designed for inertia loads acting                                                                             Docket: Background documents or
                                                  parallel to the hinge line. In the absence              DEPARTMENT OF TRANSPORTATION                          comments received may be read at
                                                  of more rational data, the inertia loads                                                                      http://www.regulations.gov at any time.
                                                  may be assumed to be equal to KW as                     Federal Aviation Administration                       Follow the online instructions for
                                                  referenced in § 25.393. Hinge design                                                                          accessing the docket or go to the Docket
                                                  must meet the requirements of § 25.657.                 14 CFR Parts 27 and 29                                Operations in Room W12–140 of the
                                                     8. In lieu of § 25.1385(b): The forward              [Docket No.: FAA–2017–0990]
                                                                                                                                                                West Building Ground Floor at 1200
                                                  position lights must be installed such                                                                        New Jersey Avenue SE., Washington,
                                                  that they consist of a red and a green                  RIN 2120–AK80                                         DC, between 9 a.m. and 5 p.m., Monday
                                                  light spaced laterally as far apart as                                                                        through Friday, except Federal holidays.
                                                                                                          Normal and Transport Category
                                                  practicable, and installed forward on the                                                                     FOR FURTHER INFORMATION CONTACT: For
                                                                                                          Rotorcraft Certification
                                                  airplane, so that, with the airplane in                                                                       questions concerning this action,
                                                  the normal flying position and with the                 AGENCY: Federal Aviation                              contact Sandra Shelley, Aviation Safety
                                                  wingtips in the folded position for                     Administration (FAA), DOT.                            Engineer, Safety Management Group,
                                                  ground operations, the red light is on                  ACTION: Notice of proposed rulemaking                 FAA, 10101 Hillwood Pkwy., Fort
                                                  the left side and the green light is on the                                                                   Worth, TX 76177; telephone (817) 222–
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          (NPRM).
                                                  right side at approximately the level of                                                                      5110; email sandra.shelley@faa.gov.
                                                  the wingtips in the takeoff                             SUMMARY:    The FAA proposes to amend                 SUPPLEMENTARY INFORMATION:
                                                  configuration. Each light must be                       the certification standards of normal
                                                  approved and must meet the                              and transport category helicopters. The               Authority for This Rulemaking
                                                  requirements of § 25.1385(a) and (d).                   proposed changes are necessary to                       The FAA’s authority to issue rules on
                                                  The lights must not impair the vision of                address modern designs currently used                 aviation safety is found in Title 49 of the
                                                  the flightcrew when the wingtips are in                 in the rotorcraft industry and would                  United States Code. Subtitle I, Section
                                                  the folded and transient positions.                     reduce the burden on applicants for                   106 describes the authority of the FAA


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                                                  50584              Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules

                                                  Administrator. Subtitle VII, Aviation                   technology for rotorcraft. The FAA                    impact to industry would be minimal
                                                  Programs, describes in more detail the                  addresses the changes to technology by                since the current material associated
                                                  scope of the agency’s authority.                        issuing reoccurring special conditions,               with these rules in Advisory Circular
                                                    This rulemaking is promulgated                        ELOS findings, and MOC issue papers.                  (AC) 27–1B, Certification of Normal
                                                  under the authority described in                        Special conditions are prescribed under               Category Rotorcraft, and AC 29–2C,
                                                  Subtitle VII, Part A, Subpart III, Sections             14 CFR 21.16 when the FAA finds the                   Certification of Transport Category
                                                  44701 and 44704. Under section 44701,                   applicable airworthiness standards do                 Rotorcraft,1 already recognizes industry
                                                  the FAA is charged with prescribing                     not contain adequate or appropriate                   standards and practices.
                                                  regulations promoting safe flight of civil              safety standards because of a novel or                   In appendix B to parts 27 and 29, the
                                                  aircraft in air commerce by prescribing                 unusual design feature. The FAA issues                reference to Amendment 29–14 in
                                                  minimum standards required in the                       ELOS findings under § 21.21(b)(1)                     section VIII needs to be removed. By
                                                  interest of safety for the design and                   where a design does not literally comply              citing the amendment within the rule,
                                                  performance of aircraft. Under section                  with the airworthiness standards, but                 appendix B requires updating every
                                                  44704, the Administrator issues type                    compensating factors exist that provide               time a relevant part 27 or part 29 rule
                                                  certificates for aircraft, aircraft engines,            an equivalent level of safety. MOC issue              is changed.
                                                  propellers, and specified appliances                    papers document compliance                            B. National Transportation Safety Board
                                                  when the Administrator finds the                        methodologies that fall outside existing              Recommendations
                                                  product is properly designed and                        guidance and policies. These three
                                                  manufactured, performs properly, and                    processes are necessary to address new                   As a result of incidents involving
                                                  meets the regulations and minimum                       design features for which airworthiness               lithium-ion batteries installed on
                                                  standards prescribed under section                      standards are lacking, literal compliance             aircraft, the National Transportation
                                                  44701(a). This rulemaking is within the                 with a rule cannot be achieved, or                    Safety Board (NTSB) issued Safety
                                                  scope of these authorities because it                   alternative methods of compliance are                 Recommendations A–14–032 through
                                                  would promote safety by updating the                    proposed. In some cases, advancements                 036 to the FAA on May 22, 2014.2 The
                                                  existing minimum prescribed standards                   in technology have rendered the                       NTSB recommended the FAA develop
                                                  used during the type certification                      regulations obsolete.                                 abuse tests to simulate failures observed
                                                                                                             These special conditions, ELOS                     in the incidents investigated and to
                                                  process.
                                                                                                          findings, and MOC issue papers impact                 address findings in recent research (A–
                                                  I. Overview of Proposed Rule                            FAA resources and applicants’                         14–032), perform these tests on new
                                                    The FAA proposes to revise                            schedules for obtaining FAA approval of               aircraft for certain installations (A–14–
                                                  regulations in title 14 Code of Federal                 their products. By updating the affected              033), develop guidance on acceptable
                                                  Regulations (14 CFR) part 27                            standards, many special conditions,                   methods to induce thermal runaway
                                                  (Airworthiness Standards: Normal                        ELOS findings, and MOC issue papers                   that reliably simulates battery failures
                                                  Category Rotorcraft) and part 29                        would be unnecessary, thus reducing                   (A–14–034), review methods of
                                                  (Airworthiness Standards: Transport                     the burden on both the FAA and                        compliance used to certificate in-service
                                                  Category Rotorcraft) related to the                     industry. We also propose to update a                 lithium-ion battery aircraft installations
                                                  certification of rotorcraft. The proposed               few of these rules to correct                         to ensure that they adequately protect
                                                  changes are necessary due to the                        typographical errors.                                 against adverse effects of a cell thermal
                                                  extensive application of advancing                         Sections 27.1329 and 29.1329 do not                runaway (A–14–035), and develop
                                                  technologies to rotorcraft. Existing                    adequately address the latest technology              policy to establish a panel of technical
                                                  airworthiness standards are inadequate                  in flight control automation. These                   experts to advise on compliance and
                                                  because they do not address increasing                  standards adequately addressed the                    best practices for safely installing new
                                                  design complexity. To address these                     functionality of autopilots for many                  technology (A–14–036). This proposed
                                                  advances, the FAA currently issues                      years until recently with the                         rule would incorporate these NTSB
                                                  reoccurring special conditions,                         development of more sophisticated                     recommendations as they relate to
                                                  equivalent level of safety findings                     functions, especially in normal category              rotorcraft into §§ 27.1353 and 29.1353.
                                                  (ELOS), and means of compliance                         helicopters. The rotorcraft autopilot
                                                                                                          systems of previous years controlled                  III. Discussion of the Proposal
                                                  (MOC) issue papers. This proposed rule
                                                                                                          only altitude, attitude, and heading. The             A. AC 27–1B and AC 29–2C Guidance
                                                  would address these problem areas by
                                                                                                          more advanced autopilot systems also                    AC 27–1B and AC 29–2C provide
                                                  updating those standards that cause
                                                                                                          control airspeed, vertical speed, and                 information on methods of compliance
                                                  unnecessary burdens in cost and time to
                                                                                                          hover. The current rule is inconsistent               with 14 CFR parts 27 and 29, which
                                                  both the FAA and the rotorcraft
                                                                                                          with FAA-accepted industry standards                  contain the airworthiness standards for
                                                  industry. Compliance with these
                                                                                                          and practices. The current rule does not              normal and transport category rotorcraft.
                                                  proposed regulatory changes would
                                                                                                          adequately cover the growing changes in               These ACs include methods of
                                                  continue to be shown by the same
                                                                                                          the marketplace toward increased                      compliance in the areas of basic design,
                                                  testing, analysis, and inspections as in
                                                                                                          automation in the primary flight
                                                  the current certification process and                                                                         ground tests, and flight tests. With these
                                                                                                          controls.
                                                  there would be a reduced burden                                                                               proposed rules, the FAA is also
                                                                                                             Sections 27.1335 and 29.1335 were
                                                  through clarification of the safety                     originally written to address a particular            proposing related changes to these ACs.
                                                  requirements for the installed systems.                 flight control concept called ‘‘flight                B. Powerplant Instruments (§§ 27.1305
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                                                  II. Background                                          director systems;’’ however, the term                 and 29.1305)
                                                                                                          itself has long been considered a                       Sections 27.1305 and 29.1305
                                                  A. Statement of the Problem                             standard part of a modern autopilot                   prescribe the specific required
                                                    The FAA is proposing to update parts                  covered under §§ 27.1329 and 29.1329.                 powerplant instruments for rotorcraft.
                                                  27 and 29 because the regulations were                  In addition, the text we propose to
                                                  originally published in 1964 and                        remove from §§ 27.1335 and 29.1335                      1 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                  revisions to the airworthiness standards                has been added to the proposed                        Library/.
                                                  have not kept pace with advances in                     §§ 27.1329 and 29.1329 rules. The                       2 http://www.ntsb.gov/.




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                                                                     Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules                                            50585

                                                  The current rules specify separate                      include, for Category A 3 training                      not compromised when utilizing
                                                  indicators for many of these                            purposes (OEI Training Mode), a feature                 complex and highly integrated
                                                  instruments, including engine manifold                  to represent a simulated engine failure                 technology, the FAA is proposing a
                                                  pressure and engine revolutions per                     by reducing power of all engines                        more structured repeatable failure
                                                  minute (r.p.m.) for reciprocating                       symmetrically. This simulated OEI                       analysis.
                                                  engines, or gas producer speed, gas                     condition is shown on the engine                           The proposed change would also
                                                  temperature, and torque for turbine                     instruments by biasing the engine                       eliminate the distinction between
                                                  engines.                                                power, gas temperature, and gas                         single-engine and multi-engine
                                                                                                          producer and free power turbine                         rotorcraft. Section 27.1309 currently
                                                     Traditionally, pilots determine the
                                                                                                          tachometers on the primary flight                       requires applicants to assess the effects
                                                  powerplant performance conditions by
                                                                                                          display. To avoid confusion, the                        of failures that may be introduced by
                                                  monitoring individual gauges: Gas
                                                                                                          proposed § 29.1305(b)(4) would require                  installed systems and equipment, and
                                                  temperature, gas producer speed, and                                                                            distinguishes that the methods for
                                                  torque. Sections 27.1305 and 29.1305                    additional annunciations to differentiate
                                                                                                          the simulated OEI condition from that of                assessing these failures may be different
                                                  establish the required powerplant                                                                               between single and multi-engine
                                                  instruments, and §§ 27.1321 and                         an actual engine failure.
                                                                                                            The proposed changes to § 29.1305                     rotorcraft. This distinction was
                                                  29.1321 require that these instruments                                                                          envisioned because multi-engine
                                                  be easily visible to the pilot. These                   would permit designs incorporating an
                                                                                                          OEI Training Mode. The FAA is not                       rotorcraft employed complex systems or
                                                  instruments measure the performance                                                                             systems with more severe failure effects.
                                                  output of the engines and they                          proposing changes to § 27.1305 because
                                                                                                          14 CFR part 27 Category A rotorcraft are                This distinction is now irrelevant since
                                                  collectively allow the pilot to                                                                                 current analysis tools for technologies
                                                  continuously monitor the condition and                  approved under appendix C to part 27,
                                                                                                          which requires compliance with                          and associated failure effects do not
                                                  health of the engines.                                                                                          consider number of engines as required
                                                                                                          § 29.1305.
                                                     Many rotorcraft manufacturers have                                                                           input.
                                                  started to incorporate a synthesized                    C. Rotorcraft Equipment, Systems, and                      The proposed rule would clarify the
                                                  power indicator (SPI) that provides a                   Installations (§§ 27.1309, 29.1309, and                 requirement to perform a proper failure
                                                  single indicator of engine performance.                 Appendix C to Part 27)                                  analysis and also recognize that the
                                                  This single value displayed to the pilot                   Sections 27.1309 and 29.1309 apply                   severity of failures can vary. Since the
                                                  is generally presented as a percentage of               generally to all systems on the aircraft                current rule was promulgated, the
                                                  the nearest engine limit. The                           that do not otherwise have specific                     number of failure condition categories
                                                  continuously displayed SPI presents the                 language to analyze the safety aspects of               has varied. Current industry standards
                                                  calculated value to the flight crew on                  a system. The proposed changes to                       and practices recognize five failure
                                                  the primary flight displays along with a                § 27.1309 would address advances in                     condition categories: Catastrophic,
                                                  caption indicating the nearest engine                   technology and increases in                             Hazardous, Major, Minor, and No-Safety
                                                  limiting parameter that is being used for               performance of normal category                          Effect. The proposed rule recognizes the
                                                  the SPI displayed calculation.                          rotorcraft that were not envisioned                     maximum and minimum failure effects
                                                  Acceptable designs allow the pilot to                   when this rule was originally                           without prescribing the number of
                                                  monitor engine performance and trends.                  promulgated. Manufacturers installed                    failure effect severity categories. This
                                                  Technologies such as an SPI, which                      complex and highly integrated systems                   proposed change would also
                                                  combine multiple indicators into one,                   in part 27 rotorcraft certificated for                  accommodate future changes in
                                                  cannot meet the requirements of the                     instrument flight rules (IFR) under                     industry failure analysis techniques and
                                                  current rules. By allowing means other                                                                          reflect current certification practices.
                                                                                                          appendix B and Category A operations
                                                  than dedicated indicators, the proposed                                                                         Additionally, it would eliminate the
                                                                                                          under appendix C. At that time, the
                                                  changes would permit designs                                                                                    need to issue recurring special
                                                                                                          FAA did not envision complex and
                                                  incorporating an SPI or similar                                                                                 conditions and remove the additional
                                                                                                          highly integrated systems would be
                                                  concepts. The FAA proposes to revise                                                                            time and cost to industry.
                                                                                                          installed in non-IFR and non-Category A                    The changes proposed for §§ 27.1309
                                                  §§ 27.1305(e), (k), (n), and (o) and                    normal category rotorcraft because
                                                  29.1305(a)(5), (11), and (12) to allow                                                                          and 29.1309 would make the sections
                                                                                                          industry was not employing this                         consistent. These changes would
                                                  other means of powerplant indication                    advanced technology or the technology
                                                  for these instruments. Section                                                                                  remove the necessity to reference
                                                                                                          did not exist. The analysis methods                     § 29.1309 in appendix C of part 27.
                                                  27.1305(k) would continue to require a                  used to identify and determine the
                                                  tachometer to indicate main rotor speed,                                                                        Although a specific reference to
                                                                                                          effects of system failures required in                  § 27.1309 would not be added, appendix
                                                  but would also require a separate means                 § 27.1309 are not adequate for today’s
                                                  to indicate the r.p.m. of each engine.                                                                          C of part 27 already requires compliance
                                                                                                          complex and highly integrated systems.                  with all of part 27 for Category A
                                                  The FAA also proposes to modify                         The use of this advanced technology
                                                  § 27.1305(o) by replacing ‘‘turboshaft’’                                                                        certification. These proposed changes
                                                                                                          resulted in an exponential increase in                  would not eliminate the requirement to
                                                  with ‘‘turbine’’ to be consistent with                  the number of ways rotorcraft systems
                                                  similar wording used throughout parts                                                                           reassess compliance with § 27.1309 for
                                                                                                          can fail and a decrease in the                          applicants who request Category A
                                                  27 and 29.                                              discernibility of such failures. To ensure              operations. The FAA proposes to change
                                                     For part 29, the FAA proposes to add                 the reliability of the rotorcraft system is             appendix C to delete the reference to
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  § 29.1305(b)(4) to permit manipulating                                                                          § 29.1309.
                                                                                                             3 In 14 CFR 1.1, Category A, with respect to
                                                  the powerplant instruments to simulate                                                                             The FAA proposes to update
                                                                                                          transport category rotorcraft, means multiengine
                                                  one engine inoperative (OEI) conditions                 rotorcraft designed with engine and system              § 29.1309 to be consistent with industry
                                                  without damaging the engines. Section                   isolation features specified in Part 29 and utilizing   standards and practices for conducting
                                                  29.1305 requires unbiased engine                        scheduled takeoff and landing operations under a        failure analysis. These proposed
                                                  instrument indications to remain                        critical engine failure concept which assures
                                                                                                          adequate designated surface area and adequate
                                                                                                                                                                  changes are intended to allow flexibility
                                                  available to assure operation within safe               performance capability for continued safe flight in     in the types of assessments applicants
                                                  limits. Several helicopter designs                      the event of engine failure.                            may provide for showing compliance.


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                                                  50586               Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules

                                                     Section 29.1309 currently requires                   each system. Since then, systems for                  F. Electrical Systems and Equipment
                                                  applicants to assess the effects of                     automatic control of flight have evolved.             (§ 29.1351) and Energy Storage Systems
                                                  failures resulting from installed systems               Modern designs include both automatic                 (§§ 27.1353 and 29.1353)
                                                  and equipment. The current rule also                    pilot and flight director systems and are                The FAA proposes changing
                                                  identifies differences in the depth of                  now referred to as automatic flight                   §§ 27.1353 and 29.1353 to provide a
                                                  assessing failures between Category A                   guidance and control systems. Having                  general regulation that is not directed at
                                                  and Category B 4 rotorcraft. Complex                    these systems in separate rules that use              a particular battery or battery chemistry.
                                                  and highly integrated systems were                      different terminology has resulted in                 The existing regulations were first
                                                  typically installed in part 29 rotorcraft               some confusion. The proposed changes                  written when backup electrical power
                                                  certificated for Category A operations.
                                                                                                          would remove §§ 27.1335 and 29.1335                   was provided solely by a lead acid
                                                  Like the distinction between single-
                                                                                                          and incorporate the requirements into                 battery. The regulations were later
                                                  engine and multi-engine rotorcraft
                                                                                                          §§ 27.1329 and 29.1329. The FAA also                  amended to add requirements specific
                                                  discussed previously, this distinction
                                                                                                          proposes to use the term ‘‘automatic                  to the nickel-cadmium battery
                                                  was made because the FAA did not
                                                                                                          flight guidance and control systems’’ to              chemistry. Recently, batteries have been
                                                  envision that complex and highly
                                                                                                          address both automatic pilot and flight               developed using various lithium
                                                  integrated systems would be installed in
                                                                                                          director systems, as well as the                      chemistries. Lead acid, nickel-cadmium,
                                                  rotorcraft certificated for Category B
                                                  operations. This distinction is now                     components.                                           and lithium batteries are all energy
                                                  irrelevant since current analysis tools                                                                       storage devices with different
                                                                                                          E. Instrument Systems (§ 29.1333 and                  operational parameters and failure
                                                  for technologies and associated failure
                                                                                                          Appendix B to Parts 27 and 29)                        mechanisms. Rather than add specific
                                                  effects do not differ between Category A
                                                  and Category B. The FAA proposes to                                                                           lithium battery requirements, which
                                                                                                             Currently, § 29.1333(a) requires                   would necessitate further amendments
                                                  add an introductory paragraph and                       isolating the pilot instrument system
                                                  revise paragraphs (a) and (b) to clarify                                                                      to address future energy storage
                                                                                                          from any other operating systems. At the              chemistries, the FAA is proposing to
                                                  that all equipment, systems, and                        time the rule was promulgated, these
                                                  installations on the rotorcraft must be                                                                       generalize the regulation to
                                                                                                          systems were federated, and connecting                accommodate any energy storage
                                                  analyzed and to remove the distinction                  these systems increased the likelihood
                                                  between Category A and B. Although                                                                            system. The proposed regulation would
                                                                                                          that a fault in one system would cause                be less prescriptive than the existing
                                                  the effects of the failures may be
                                                  different, the method for conducting the                a fault in the pilot instrument system.               regulation.
                                                  failure analysis is the same regardless of              This physical independence between                       The FAA’s intent with this proposal
                                                  the operations evaluated.                               the pilot system and other operating                  is that the modified regulation would be
                                                     The term ‘‘warning’’ in § 29.1309(c)                 systems prevented the pilot system’s                  directly applicable to both lead acid and
                                                  and (d) has been interpreted as requiring               reliability from being compromised by                 nickel-cadmium batteries without
                                                  a red level alert, when the intent was to               other operating systems. With the                     imposing additional requirements. In
                                                  notify the crew of all required                         adoption of microprocessor technology                 addition, this generalized approach
                                                  annunciations. Therefore, the FAA                       and the trend towards complex and                     would allow the FAA to consider
                                                  proposes to modify paragraphs (c) and                   highly integrated systems, the                        batteries, fuel cells, or any other energy
                                                  (d) by removing the terms ‘‘warning’’                   requirement for physical independence                 storage device not yet developed.
                                                  and ‘‘probability’’ and replacing them                  is no longer appropriate. The use of this             Certain attributes tied to a specific
                                                  with ‘‘annunciation’’ and ‘‘effect’’                    technology resulted in an exponential                 battery chemistry currently found in the
                                                  respectively, and adding ‘‘misleading                   increase in the number of ways                        regulation would be addressed in AC
                                                  data’’ as a standard failure mode.                      rotorcraft systems can fail and a                     27–1B and AC 29–2C. These proposed
                                                     The FAA also proposes removing the                                                                         changes to §§ 27.1353 and 29.1353 are
                                                                                                          decrease in the discernibility of such
                                                  requirements of § 29.1309(e) and (f)                                                                          intended to reduce the burden on the
                                                                                                          failures. To ensure the reliability of the
                                                  dealing specifically with electrical                                                                          FAA and the rotorcraft industry
                                                                                                          pilot system is not compromised when                  associated with issuing special
                                                  systems as they are covered by
                                                                                                          utilizing microprocessors or highly                   conditions and the related issue papers.
                                                  §§ 29.1351, 29.1353, 29.1355, and
                                                                                                          integrated systems, modern designs                       Section 29.1353, paragraphs (a) and
                                                  29.1357.
                                                                                                          allow redundant systems in the                        (b) would be moved into § 29.1351 as
                                                  D. Automatic Flight Guidance and                        rotorcraft to compare information.                    paragraphs (e) and (f) respectively.
                                                  Control Systems (§§ 27.1329, 27.1335,                   Rotorcraft cannot utilize current                     These paragraphs are general
                                                  29.1329, and 29.1335)                                   technology, and redundant systems                     requirements for all electrical systems
                                                     The FAA proposes to standardize                      cannot compare information, when the                  and equipment installations. This
                                                  terminology and combine the                             pilot instrument system is isolated.                  change is proposed for consistency
                                                  requirements for automatic pilot and                       The FAA proposes to revise                         because those requirements are more
                                                  flight director systems into one rule.                  § 29.1333(a) and section VIII(b)(5)(i) of             appropriate in § 29.1351. This proposed
                                                  Sections 27.1329 and 29.1329 address                    appendix B to parts 27 and 29 to make                 change would standardize the
                                                  automatic pilot systems while                           them applicable only to pneumatic                     requirements of §§ 27.1353 and 29.1353
                                                  §§ 27.1335 and 29.1335 address flight                                                                         and both section titles would be
                                                                                                          systems. These proposed changes would
                                                  director systems. At the time these rules                                                                     changed to ‘‘Energy storage systems’’ to
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                                                                                                          allow for the use of modern technology
                                                  were promulgated, the functionality of                                                                        properly reflect the new language.
                                                  designs prompted a separate rule for                    to monitor and display highly integrated
                                                                                                          information regarding the rotorcraft that             G. Instrument Markings (§§ 27.1545,
                                                    4 In 14 CFR 1.1, Category B, with respect to          is currently not permitted. The FAA                   29.1545, 27.1549, and 29.1549)
                                                  transport category rotorcraft, means single-engine or   also proposes revising appendix B to                     The FAA proposes to modify
                                                  multiengine rotorcraft which do not fully meet all      parts 27 and 29 to remove the
                                                  Category A standards. Category B rotorcraft have no
                                                                                                                                                                §§ 27.1545(b)(4), 27.1549(b),
                                                  guaranteed stay-up ability in the event of engine
                                                                                                          amendment level as previously                         29.1545(b)(4), and 29.1549(b) by
                                                  failure and unscheduled landing is assumed.             discussed in section B of the preamble.               eliminating the restriction of only using


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                                                                     Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules                                            50587

                                                  a ‘‘green arc’’ to indicate normal                      only acceptable method for                            reduce confusion between part 27 and
                                                  operating ranges. The existing rules                    distinguishing VNE (power-off) from VNE               part 29 by using a standard format for
                                                  require using a green arc for normal                    (power-on). The FAA also proposes to                  the same technical requirements.
                                                  operating ranges on airspeed and                        apply this change to § 29.1545.                          The FAA proposes to correct a
                                                  powerplant instruments. Modern glass                                                                          typographical error in §§ 29.955 and
                                                                                                          H. Control Markings (§§ 27.1555 and
                                                  cockpits generally do not contain these                                                                       29.1019. When § 29.1305 was updated
                                                                                                          29.1555)
                                                  green indicators. The philosophy                                                                              to add a requirement for an oil pressure
                                                  utilized by modern cockpit designs is                     The FAA proposes to modify                          indicator for pressure-lubricated
                                                  the ‘‘dark, quiet cockpit,’’ and only                   §§ 27.1555(c)(1) and 29.1555(c)(1) to                 gearboxes, the numbering sequence was
                                                  yellow or red is presented to indicate                  permit more than one method to inform                 changed when the additional
                                                  the aircraft is outside the normal or safe              the pilot of the usable fuel system                   requirement was inserted at paragraph
                                                  operating range. The absence of green                   capacity. The existing rules require                  (a)(6). The § 29.1305(a)(17) fuel filter
                                                  arcs did not meet the requirement of the                marking the usable fuel capacity at the               contamination warning was moved to
                                                  rule. Since the rule was promulgated,                   fuel quantity indicator. Older, analog                paragraph (a)(18), and the
                                                  the FAA has determined that if all                      fuel gauges (many without numbers)                    § 29.1305(a)(18) turbine engine filter
                                                  abnormal conditions are otherwise                       used a placard to inform the pilot of the             contamination warning was moved to
                                                  adequately indicated, green markings                    useful fuel quantity. With modern                     paragraph (a)(19). However, the
                                                  are unnecessary. These accepted design                  display systems, the location of the fuel             reference to the fuel filter contamination
                                                  features include the pilot being able to                quantity indicator, as well as the fact               warning in § 29.955(a)(7) and the
                                                  easily interpret (by way of glancing at                 that the location may change, make it                 turbine engine filter contamination
                                                  the instrument) whether a parameter is                  impractical to affix a placard next to the            warning in § 29.1019(a)(5) were not
                                                  in a precautionary range (yellow) or                    display. In addition, although useful                 updated to account for the change in
                                                  beyond a limit (red). Almost every                      fuel capacity is commonly included in                 numbering sequence. This proposed
                                                  current rotorcraft design now                           the rotorcraft flight manual, the                     change would correct the reference at
                                                  incorporates a glass cockpit that                       proposed alternate method would make                  §§ 29.955(a)(7) and 29.1019(a)(5).
                                                  requires an ELOS finding for the                        this a requirement to address the lack of                Finally, the FAA proposes to correct
                                                  absence of green arcs. This proposal                    continuous display provided by a                      a typographical error in § 29.977. When
                                                  only affects the color utilized for the                 placard.                                              § 29.977 was updated, it incorrectly
                                                  normal operating ranges and does not                    I. Typographical and Standardizing                    carried over references to ‘‘airplanes’’
                                                  address graduation markings on an                       Corrections (§§ 27.87, 27.903, 29.955,                from an identical part 23 update. The
                                                  instrument.                                             29.977, 29.1019, 29.1517, and 29.1587)                proposed change would revise § 29.977
                                                     The FAA also proposes to remove the                                                                        by removing the term ‘‘airplanes’’ and
                                                  term ‘‘radial’’ from §§ 27.1545(b)(1),                     The FAA proposes to correct several
                                                                                                                                                                replacing it with the term ‘‘rotorcraft.’’
                                                  27.1549(a), 29.1545(b)(1), and                          typographical errors and to revise
                                                  29.1549(a). At the time these rules were                certain terminology differences between               IV. Regulatory Notices and Analyses
                                                  promulgated, cockpit instruments were                   part 27 and part 29. First, the FAA
                                                                                                                                                                A. Regulatory Evaluation
                                                  circular, and therefore the technically-                proposes to revise the title of § 27.87 to
                                                  correct term ‘‘radial line’’ was used.                  coincide with the title of § 29.87, which                Changes to Federal regulations must
                                                  Technological advances have since                       is the equivalent transport category                  undergo several economic analyses.
                                                  produced linear-scale gauges rendering                  rotorcraft requirement. The title of                  First, Executive Order 12866 and
                                                  the term ‘‘radial’’ obsolete. The term                  § 29.87 was changed from ‘‘Limiting                   Executive Order 13563 direct that each
                                                  ‘‘line’’ is intended to represent a radial              height-speed envelope’’ to ‘‘Height-                  Federal agency shall propose or adopt a
                                                  for round instruments or a line for tape                velocity envelope’’ in order to ‘‘agree               regulation only upon a reasoned
                                                  or other style instruments.                             with the commonly used term.’’                        determination that the benefits of the
                                                     The FAA further proposes to replace                  However, the corresponding title to                   intended regulation justify its costs.
                                                  ‘‘arc’’ with ‘‘range’’ in §§ 27.1545(b)(3),             § 27.87 was not similarly changed at                  Second, the Regulatory Flexibility Act
                                                  27.1545(b)(4), 27.1549(b), 27.1549(c),                  that time.                                            of 1980 (Pub. L. 96–354) requires
                                                  27.1549(d), 29.1545(b)(3), 29.1545(b)(4),                  The FAA also proposes to replace the               agencies to analyze the economic
                                                  29.1549(b), 29.1549(c), and 29.1549(d).                 term ‘‘height-speed’’ with the term                   impact of regulatory changes on small
                                                  When these regulations were created,                    ‘‘height-velocity’’ throughout                        entities. Third, the Trade Agreements
                                                  cockpit instruments were circular.                      §§ 27.1587, 29.1587, and 29.1517 to be                Act (Pub. L. 96–39) prohibits agencies
                                                  ‘‘Arc’’ is a term that only applies to                  consistent with the title nomenclature of             from setting standards that create
                                                  round gauges and not to tape or other                   §§ 27.87 and 29.87. These proposed                    unnecessary obstacles to the foreign
                                                  style instruments, which are in popular                 changes are intended to reduce                        commerce of the United States. In
                                                  use today. The FAA intends ‘‘range’’ to                 confusion between and within parts 27                 developing U.S. standards, the Trade
                                                  be applied to round, tape, or other style               and 29.                                               Act requires agencies to consider
                                                  instruments.                                               The FAA also proposes to reformat                  international standards and, where
                                                     Finally, the FAA proposes to move                    § 27.903(d) so that it is consistent with             appropriate, that they be the basis of
                                                  the requirement for indicating VNE                      the format of the § 29.903(e) engine                  U.S. standards. Fourth, the Unfunded
                                                  (power-off) from § 27.1545(b)(2) to                     restart capability requirement. When the              Mandates Reform Act of 1995 (Pub. L.
                                                  § 27.1545(b)(1)(iii) and modify it to                   § 27.903(d) restart capability                        104–4) requires agencies to prepare a
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                                                  encompass designs that incorporate a                    requirements were adopted, the                        written assessment of the costs, benefits,
                                                  means other than a red cross-hatched                    paragraph structure of the existing                   and other effects of proposed or final
                                                  line. The FAA has previously accepted                   § 29.903(e) was not used even though                  rules that include a Federal mandate
                                                  designs that utilize a single red line for              the technical requirements were                       likely to result in the expenditure by
                                                  VNE (power-on) and VNE (power-off)                      intended to be identical. The restart                 State, local, or tribal governments, in the
                                                  when not concurrently displayed.                        capability requirements of § 27.903(d)                aggregate, or by the private sector, of
                                                  Additionally, a red and white cross-                    are not being changed in this proposal.               $100 million or more annually (adjusted
                                                  hatched ‘‘barber pole’’ may not be the                  These proposed changes are intended to                for inflation with base year of 1995).


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                                                  50588              Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules

                                                  This portion of the preamble                            2. Normal Category Rotorcraft                         6. Electrical Systems and Equipment
                                                  summarizes the FAA’s analysis of the                    Equipment, Systems, and Installations                 (§ 29.1351) and Energy Storage Systems
                                                  economic impacts of this proposed rule.                 (§ 27.1309 and Appendix C to Part 27)                 (§§ 27.1353 and 29.1353)
                                                     Department of Transportation Order                      The FAA clarifies the requirement to                  The FAA proposed changes are less
                                                  DOT 2100.5 prescribes policies and                      perform proper failure analysis that                  prescriptive and performance-based to
                                                  procedures for simplification, analysis,                would adopt the current industry                      accommodate different energy storage
                                                  and review of regulations. If the                       practice of five failure category                     systems. The modified regulation would
                                                  expected cost impact is so minimal that                 conditions. Additionally, the FAA                     be directly applicable to both lead acid
                                                  a proposed or final rule does not                       eliminates the distinction between                    and nickel-cadmium batteries without
                                                  warrant a full evaluation, this order                   single-engine and multi-engine                        imposing additional requirements. The
                                                  permits that a statement to that effect                 rotorcraft as this distinction is irrelevant          change would allow the FAA to keep up
                                                                                                          because current analysis tools for                    with changes in technology. Cost to the
                                                  and the basis for it to be included in the
                                                                                                          technologies and associated failure                   industry should be minimal as
                                                  preamble if a full regulatory evaluation
                                                                                                          effects no longer consider the number of              performance based requirements allow
                                                  of the cost and benefits is not prepared.               engines. As these are current industry                for minimal cost options to meet the
                                                  Such a determination has been made for                  practice, the FAA asserts that the cost               current standard.
                                                  this proposed rule. The reasoning for                   associated with these changes is
                                                  this determination follows:                                                                                   7. Instrument Markings (§§ 27.1545,
                                                                                                          minimal.
                                                                                                                                                                29.1545, 27.1549, and 29.1549)
                                                     The FAA proposes to revise                           3. Transport Category Rotorcraft
                                                  regulations in 14 CFR part 27                                                                                    The proposed rule would remove the
                                                                                                          Equipment, Systems, and Installation                  restrictive requirement for some
                                                  (Airworthiness Standards: Normal                        (§ 29.1309)
                                                  Category Rotorcraft) and part 29                                                                              instrument markings to allow
                                                                                                             This section would be updated to be                alternative means of compliance, i.e.—
                                                  (Airworthiness Standards: Transport
                                                                                                          consistent with industry standards and                green arc, radial red line, etc. Allowing
                                                  Category Rotorcraft) related to the
                                                                                                          practices for conducting failure analysis.            for another means of compliance is
                                                  certification of rotorcraft. The proposed               The proposed rule would clarify the                   voluntary and would be either a
                                                  changes are necessary due to advancing                  requirement to perform a proper failure               minimal cost and possibly cost relieving
                                                  technologies, which address a lack of                   analysis and also recognize that the                  for manufactures that elect to outfit the
                                                  adequate airworthiness standards                        severity of failures can vary. The FAA                rotorcraft with different instrument
                                                  resulting from increasing design                        asserts that performing a proper failure              markings.
                                                  complexity. As a result, many regulatory                analysis would be minimal cost as it
                                                  sections are subject to reoccurring                                                                           8. Control Markings (§§ 27.1555 and
                                                                                                          would codify current industry practices.
                                                  special conditions, ELOS, and MOC                                                                             29.1555)
                                                                                                          Additionally, this section would be
                                                  issue papers. This proposed rulemaking                  changed to accommodate future changes                    The proposed rule would permit more
                                                  would address these problem areas by                    in industry failure analysis techniques               than one method to inform the pilot of
                                                  updating the rules that cause                           and reflects current certification                    the usable fuel system capacity.
                                                  unnecessary burdens in cost and time to                 practices. Moving to a performance                    However, alternative method must
                                                  both the FAA and the rotorcraft                         based standard would reduce the need                  address the lack of continuous display.
                                                  industry. The compliance cost to                        to issue recurring special conditions and             Changes to this section allows for more
                                                  industry of these proposed regulation                   potentially save manufactures that                    than one means of compliance. Offering
                                                  changes would be minimal. The                           choose to use an alternative means of                 alternative means of compliance allows
                                                  justification for minimal cost by                       compliance. Thus, these proposed                      industry to meet the requirement with
                                                                                                          changes would impose minimal cost.                    the least costly option that can be cost
                                                  regulation is identified in sections 1
                                                                                                                                                                relieving or the existing method of
                                                  through 9 below.                                        4. Automatic Flight Guidance and
                                                                                                                                                                compliance, but either method would be
                                                                                                          Control Systems (§§ 27.1329, 27.1335,
                                                  1. Powerplant Instruments (§§ 27.1305                                                                         no more than minimal cost.
                                                                                                          29.1329, and 29.1335)
                                                  and 29.1305)                                                                                                  9. Typographical and Standardizing
                                                                                                             The FAA proposes to standardize
                                                    Changes to this section would allow                   terminology and combine the                           Corrections (§§ 27.87, 27.903, 29.955,
                                                  for other means of compliance for                       requirements for automatic pilot and                  29.977, 29.1019, 29.1517, and 29.1587)
                                                  powerplant instrument indicators. Other                 flight director systems into one rule.                   Costs for proposed changes to this
                                                  means of compliance are voluntary and                   Modern designs include both automatic                 section are minimal as these are strictly
                                                  do not impose any new cost but could                    pilot and flight director systems and are             typographical or standardizing
                                                  be cost relieving for those that choose to              now referred to as automatic flight                   corrections.
                                                  voluntarily comply. Additionally, for                   guidance and control systems. Changes                    The FAA has, therefore, determined
                                                  § 29.1305, the FAA would permit                         to this section would match current                   that this proposed rule is not a
                                                                                                          industry practices at a minimal cost.                 ‘‘significant regulatory action’’ as
                                                  manipulating the powerplant
                                                                                                                                                                defined in section 3(f) of Executive
                                                  instruments to simulate OEI conditions                  5. Instrument Systems (§ 29.1333 and
                                                                                                                                                                Order 12866, and is not ‘‘significant’’ as
                                                  without damaging the engines.                           Appendix B to Parts 27 and 29)
                                                                                                                                                                defined in DOT’s Regulatory Policies
                                                  However, helicopters with OEI Training                     The FAA proposed change would
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                                                                                                                                                                and Procedures. The FAA requests
                                                  Mode would require additional                           allow for the use of more modern                      comments with supporting justification
                                                  indicators to differentiate the OEI                     integrated systems to monitor and                     about the FAA determination of
                                                  condition from actual engine failure, but               display highly integrated information                 minimal cost impact.
                                                  these indicators are already being                      regarding the rotorcraft. This section
                                                  installed in current rotorcraft. The FAA                would impose minimal cost as the                      B. Regulatory Flexibility Determination
                                                  believes this proposed change would                     updates reflect modern industry                         The Regulatory Flexibility Act of 1980
                                                  impose minimal new cost to industry, as                 practices of integrating instrument                   (Pub. L. 96–354) (RFA) establishes ‘‘as a
                                                  these are current industry practice.                    systems.                                              principle of regulatory issuance that


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                                                                     Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules                                            50589

                                                  agencies shall endeavor, consistent with                from establishing standards or engaging               G. Environmental Analysis
                                                  the objectives of the rule and of                       in related activities that create                        FAA Order 1050.1F identifies FAA
                                                  applicable statutes, to fit regulatory and              unnecessary obstacles to the foreign                  actions that are categorically excluded
                                                  informational requirements to the scale                 commerce of the United States.                        from preparation of an environmental
                                                  of the businesses, organizations, and                   Pursuant to these Acts, the                           assessment or environmental impact
                                                  governmental jurisdictions subject to                   establishment of standards is not                     statement under the National
                                                  regulation. To achieve this principle,                  considered an unnecessary obstacle to                 Environmental Policy Act in the
                                                  agencies are required to solicit and                    the foreign commerce of the United                    absence of extraordinary circumstances.
                                                  consider flexible regulatory proposals                  States, so long as the standard has a                 The FAA has determined this
                                                  and to explain the rationale for their                  legitimate domestic objective, such as                rulemaking action qualifies for the
                                                  actions to assure that such proposals are               the protection of safety, and does not                categorical exclusion identified in
                                                  given serious consideration.’’ The RFA                  operate in a manner that excludes                     paragraph 5–6.6.f and involves no
                                                  covers a wide-range of small entities,                  imports that meet this objective. The                 extraordinary circumstances.
                                                  including small businesses, not-for-                    statute also requires consideration of
                                                  profit organizations, and small                                                                               V. Executive Order Determinations
                                                                                                          international standards and, where
                                                  governmental jurisdictions.                             appropriate, that they be the basis for               A. Executive Order 13132, Federalism
                                                     Agencies must perform a review to                    U.S. standards. The FAA has assessed
                                                  determine whether a rule will have a                                                                             The FAA has analyzed this proposed
                                                                                                          the potential effect of this proposed rule            rule under the principles and criteria of
                                                  significant economic impact on a                        and determined that the potential
                                                  substantial number of small entities. If                                                                      Executive Order 13132, Federalism. The
                                                                                                          benefits are available to both domestic               agency has determined that this action
                                                  the agency determines that it will, the
                                                                                                          and international firms which would                   would not have a substantial direct
                                                  agency must prepare a regulatory
                                                                                                          either have no affect or a positive effect            effect on the States, or the relationship
                                                  flexibility analysis as described in the
                                                                                                          on international trade.                               between the Federal Government and
                                                  RFA. However, if an agency determines
                                                  that a rule is not expected to have a                   D. Unfunded Mandates Assessment                       the States, or on the distribution of
                                                  significant economic impact on a                                                                              power and responsibilities among the
                                                  substantial number of small entities,                      Title II of the Unfunded Mandates                  various levels of government, and,
                                                  section 605(b) of the RFA provides that                 Reform Act of 1995 (Pub. L. 104–4)                    therefore, would not have Federalism
                                                  the head of the agency may so certify                   requires each Federal agency to prepare               implications.
                                                  and a regulatory flexibility analysis is                a written statement assessing the effects             B. Executive Order 13211, Regulations
                                                  not required. The certification must                    of any Federal mandate in a proposed or               That Significantly Affect Energy Supply,
                                                  include a statement providing the                       final agency rule that may result in an               Distribution, or Use
                                                  factual basis for this determination, and               expenditure of $100 million or more (in
                                                                                                          1995 dollars) in any one year by State,                  The FAA analyzed this proposed rule
                                                  the reasoning should be clear.
                                                     The FAA proposes to amend the                                                                              under Executive Order 13211, Actions
                                                                                                          local, and tribal governments, in the
                                                  certification standards of normal and                                                                         Concerning Regulations that
                                                                                                          aggregate, or by the private sector; such
                                                  transport category helicopters. The                                                                           Significantly Affect Energy Supply,
                                                                                                          a mandate is deemed to be a ‘‘significant
                                                  proposed changes reflect modern                                                                               Distribution, or Use (May 18, 2001). The
                                                                                                          regulatory action.’’ The FAA currently
                                                  designs currently used in the rotorcraft                                                                      agency has determined that it would not
                                                                                                          uses an inflation-adjusted value of $155
                                                  industry and would reduce the burden                                                                          be a ‘‘significant energy action’’ under
                                                                                                          million in lieu of $100 million. This
                                                  on applicants for certification of new                                                                        the executive order and would not be
                                                                                                          proposed rule does not contain such a
                                                  rotorcraft designs. The proposed                                                                              likely to have a significant adverse effect
                                                                                                          mandate; therefore, the requirements of
                                                  changes would reduce or eliminate the                                                                         on the supply, distribution, or use of
                                                                                                          Title II of the Act do not apply.
                                                  need for certain special conditions                                                                           energy.
                                                  currently required to obtain certification              E. Paperwork Reduction Act                            VI. Additional Information
                                                  of modern rotorcraft. This proposed rule                  The Paperwork Reduction Act of 1995                 A. Comments Invited
                                                  would merely revise and clarify FAA                     (44 U.S.C. 3507(d)) requires that the
                                                  rulemaking procedures; the expected                                                                             The FAA invites interested persons to
                                                                                                          FAA consider the impact of paperwork                  participate in this rulemaking by
                                                  outcome will have only a minimal cost                   and other information collection
                                                  impact on any small entity affected by                                                                        submitting written comments, data, or
                                                                                                          burdens imposed on the public. The                    views. The agency also invites
                                                  this rulemaking action.                                 FAA has determined that there would
                                                     If an agency determines that a                                                                             comments relating to the economic,
                                                                                                          be no new requirement for information                 environmental, energy, or federalism
                                                  rulemaking will not result in a
                                                                                                          collection associated with this proposed              impacts that might result from adopting
                                                  significant economic impact on a
                                                                                                          rule.                                                 the proposals in this document. The
                                                  substantial number of small entities, the
                                                  head of the agency may so certify under                 F. International Compatibility and                    most helpful comments reference a
                                                  section 605(b) of the RFA. Therefore, as                Cooperation                                           specific portion of the proposal, explain
                                                  provided in section 605(b), the head of                                                                       the reason for any recommended
                                                  the FAA certifies that this rulemaking                    In keeping with U.S. obligations                    change, and include supporting data. To
                                                  will not result in a significant economic               under the Convention on International                 ensure the docket does not contain
                                                                                                          Civil Aviation, it is FAA policy to                   duplicate comments, commenters
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                                                  impact on a substantial number of small
                                                  entities.                                               conform to International Civil Aviation               should send only one copy of written
                                                                                                          Organization (ICAO) Standards and                     comments, or if comments are filed
                                                  C. International Trade Impact                           Recommended Practices to the                          electronically, commenters should
                                                  Assessment                                              maximum extent practicable. The FAA                   submit only one time.
                                                    The Trade Agreements Act of 1979                      has determined that there are no ICAO                   The FAA will file in the docket all
                                                  (Pub. L. 96–39), as amended by the                      Standards and Recommended Practices                   comments it receives, as well as a report
                                                  Uruguay Round Agreements Act (Pub.                      that correspond to these proposed                     summarizing each substantive public
                                                  L. 103–465), prohibits Federal agencies                 regulations.                                          contact with FAA personnel concerning


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                                                  50590              Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules

                                                  this proposed rulemaking. Before acting                 List of Subjects                                      engine, if a torque limitation is
                                                  on this proposal, the FAA will consider                                                                       established for that engine under
                                                                                                          14 CFR Part 27
                                                  all comments it receives on or before the                                                                     § 27.1521(e).
                                                  closing date for comments. The FAA                        Aircraft, Aviation safety.                          *     *     *     *    *
                                                  will consider comments filed after the                  14 CFR Part 29                                        ■ 5. Revise § 27.1309 to read as follows:
                                                  comment period has closed if it is
                                                  possible to do so without incurring                       Aircraft, Aviation safety.                          § 27.1309 Equipment, systems, and
                                                  expense or delay. The agency may                                                                              installations.
                                                                                                          The Proposed Amendment
                                                  change this proposal in light of the                                                                             The equipment, systems, and
                                                                                                            In consideration of the foregoing, the              installations whose functioning is
                                                  comments it receives.
                                                                                                          Federal Aviation Administration                       required by this subchapter must be
                                                     Proprietary or Confidential Business                 proposes to amend chapter I of title 14,
                                                  Information: Commenters should not                                                                            designed and installed to ensure that
                                                                                                          Code of Federal Regulations as follows:               they perform their intended functions
                                                  file proprietary or confidential business
                                                  information in the docket. Such                         PART 27—AIRWORTHINESS                                 under any foreseeable operating
                                                  information must be sent or delivered                   STANDARDS: NORMAL CATEGORY                            condition. For any item of equipment or
                                                  directly to the person identified in the                ROTORCRAFT                                            system whose failure has not been
                                                  FOR FURTHER INFORMATION CONTACT                                                                               specifically addressed by another
                                                  section of this document, and marked as                 ■ 1. The authority citation for part 27               requirement in this chapter, the
                                                  proprietary or confidential. If submitting              continues to read as follows:                         following requirements also apply:
                                                  information on a disk or CD ROM, mark                     Authority: 49 U.S.C. 106(g), 40113, 44701–
                                                                                                                                                                   (a) The design of each item of
                                                  the outside of the disk or CD ROM, and                  44702, 44704.                                         equipment, system, and installation
                                                  identify electronically within the disk or                                                                    must be analyzed separately and in
                                                                                                          ■ 2. Amend § 27.87 by revising the                    relation to other rotorcraft systems and
                                                  CD ROM the specific information that is
                                                                                                          section heading and paragraph (a)                     installations to determine and identify
                                                  proprietary or confidential.
                                                                                                          introductory text to read as follows:                 any failure that would affect the
                                                     Under 14 CFR 11.35(b), if the FAA is
                                                  aware of proprietary information filed                  § 27.87    Height-velocity envelope.                  capability of the rotorcraft or the ability
                                                  with a comment, the agency does not                        (a) If there is any combination of                 of the crew to perform their duties in all
                                                  place it in the docket. It is held in a                 height and forward speed (including                   operating conditions.
                                                  separate file to which the public does                  hover) under which a safe landing                        (b) Each item of equipment, system,
                                                  not have access, and the FAA places a                   cannot be made under the applicable                   and installation must be designed and
                                                  note in the docket that it has received                 power failure condition in paragraph (b)              installed so that:
                                                  it. If the FAA receives a request to                    of this section, a limiting height-velocity              (1) The occurrence of any catastrophic
                                                  examine or copy this information, it                    envelope must be established (including               failure condition is extremely
                                                  treats it as any other request under the                all pertinent information) for that                   improbable;
                                                  Freedom of Information Act (5 U.S.C.                    condition, throughout the ranges of—                     (2) The occurrence of any minor
                                                  552). The FAA processes such a request                                                                        failure condition is no more than
                                                                                                          *      *      *     *    *                            probable; and
                                                  under Department of Transportation                      ■ 3. Amend § 27.903 by revising
                                                  procedures found in 49 CFR part 7.                                                                               (3) For the occurrence of any other
                                                                                                          paragraph (d) to read as follows:
                                                                                                                                                                failure condition, the probability of the
                                                  B. Availability of Rulemaking                           § 27.903    Engines.                                  failure condition must be inversely
                                                  Documents                                                                                                     proportional to its consequences.
                                                                                                          *      *    *      *    *
                                                    An electronic copy of rulemaking                         (d) Restart capability. (1) A means to                (c) A means to alert the crew in the
                                                  documents may be obtained from the                      restart any engine in flight must be                  event of a failure must be provided
                                                  Internet by—                                            provided.                                             when an unsafe system operating
                                                                                                             (2) Except for the in-flight shutdown              condition exists to enable them to take
                                                    1. Searching the Federal eRulemaking
                                                                                                          of all engines, engine restart capability             corrective action. Systems, controls, and
                                                  Portal (http://www.regulations.gov);
                                                                                                          must be demonstrated throughout a                     associated monitoring and crew alerting
                                                    2. Visiting the FAA’s Regulations and                                                                       means must be designed to minimize
                                                                                                          flight envelope for the rotorcraft.
                                                  Policies Web page at http://                                                                                  crew errors that could create additional
                                                                                                             (3) Following the in-flight shutdown
                                                  www.faa.gov/regulations_policies or                                                                           hazards.
                                                                                                          of all engines, in-flight engine restart
                                                    3. Accessing the Government Printing                  capability must be provided.                             (d) Compliance with the requirements
                                                  Office’s Web page at http://                            ■ 4. Amend § 27.1305 by revising                      of this section must be shown by
                                                  www.gpo.gov/fdsys/.                                     paragraphs (e), (k) introductory text, (n),           analysis and, where necessary, by
                                                    Copies may also be obtained by                        and (o) to read as follows:                           ground, flight, or simulator tests. The
                                                  sending a request to the Federal                                                                              analysis must account for:
                                                  Aviation Administration, Office of                      § 27.1305    Powerplant instruments.                     (1) Possible modes of failure,
                                                  Rulemaking, ARM–1, 800 Independence                     *     *    *     *     *                              including malfunctions and misleading
                                                  Avenue SW., Washington, DC 20591, or                      (e) A means to indicate manifold                    data and input from external sources;
                                                  by calling (202) 267–9680. Commenters                   pressure for each altitude engine.                       (2) The effect of multiple failures and
                                                  must identify the docket number of this                 *     *    *     *     *                              latent failures;
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                                                  rulemaking.                                               (k) A means to indicate the r.p.m. of                  (3) The resulting effects on the
                                                    All documents the FAA considered in                   each engine and at least one tachometer,              rotorcraft and occupants, considering
                                                  developing this proposed rule,                          as applicable, for:                                   the stage of flight and operating
                                                  including economic analyses and                         *     *    *     *     *                              conditions; and
                                                  technical reports, may be accessed from                   (n) A means to indicate the gas                        (4) The crew warning cues and the
                                                  the Internet through the Federal                        temperature for each turbine engine.                  corrective action required.
                                                  eRulemaking Portal referenced in item                     (o) A means to enable the pilot to                  ■ 6. Amend § 27.1329 by revising the
                                                  (1) above.                                              determine the torque of each turbine                  section heading, adding introductory


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                                                                     Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules                                               50591

                                                  text, and revising paragraphs (a), (d),                 hazardous effect on rotorcraft structure,             § 27.1587    Performance information.
                                                  and (e) to read as follows:                             equipment, or systems necessary for                     (a) * * *
                                                                                                          continued safe flight and landing.                      (1) Enough information to determine
                                                  § 27.1329 Automatic flight guidance and                   (e) Energy storage system installations
                                                  control system.
                                                                                                                                                                the limiting height-velocity envelope.
                                                                                                          required for continued safe flight and                *     *    *      *      *
                                                      For the purpose of this subpart, an                 landing of the rotorcraft must have                   ■ 13. Amend appendix B to part 27 by
                                                  automatic flight guidance and control                   monitoring features and a means to
                                                  system may consist of an autopilot,                                                                           revising paragraphs VIII introductory
                                                                                                          indicate to the pilot the status of all               text and VIII(b)(5)(i) to read as follows:
                                                  flight director, or a component that                    critical system parameters.
                                                  interacts with stability augmentation or                ■ 9. Amend § 27.1545 by revising                      Appendix B to Part 27—Airworthiness
                                                  trim.                                                   paragraph (b) to read as follows:                     Criteria for Helicopter Instrument
                                                      (a) Each automatic flight guidance and                                                                    Flight
                                                  control system must be designed so that                 § 27.1545    Airspeed indicator.
                                                                                                                                                                *     *     *     *    *
                                                  it:                                                     *      *     *    *     *
                                                                                                            (b) The following markings must be                    VIII. Equipment, systems, and
                                                      (1) Can be overpowered by the pilot
                                                                                                          made:                                                 installation. The basic equipment and
                                                  to allow control of the rotorcraft;
                                                      (2) Provides a means to disengage the                 (1) A red line—                                     installation must comply with
                                                  system by the pilot to prevent it from                    (i) For rotorcraft other than                       §§ 29.1303, 29.1431, and 29.1433, with
                                                  interfering with the control of the                     helicopters, at VNE.                                  the following exceptions and additions:
                                                  rotorcraft; and                                           (ii) For helicopters, at VNE (power-on).            *     *     *     *    *
                                                      (3) Provides a means to indicate to the               (iii) For helicopters, at VNE (power-                 (b) * * *
                                                  flight crew its current mode of                         off). If VNE (power-off) is less than VNE               (5) * * *
                                                  operation.                                              (power-on) and both are simultaneously                  (i) For pneumatic systems, only the
                                                      Selector switch position is not                     displayed, the red line at VNE (power-                required flight instruments for the first
                                                  acceptable as a means of indication.                    off) must be clearly distinguishable from             pilot may be connected to that operating
                                                                                                          the red line at VNE (power-on).                       system;
                                                  *       *      *    *     *
                                                                                                            (2) [Reserved]                                      *     *     *     *    *
                                                      (d) The system must be designed so                    (3) For the caution range, a yellow
                                                  that, within the range of adjustment                    range.                                                Appendix C to Part 27 [Amended]
                                                  available to the pilot, it cannot produce                 (4) For the normal operating range, a
                                                  hazardous loads on the rotorcraft, or                                                                         ■  14. In appendix C to part 27, amend
                                                                                                          green or unmarked range.                              paragraph C27.2 by removing the entry
                                                  create hazardous deviations in the flight
                                                                                                          *      *     *    *     *                             ‘‘29.1309(b)(2) (i) and (d)-Equipment,
                                                  path, under any flight condition                        ■ 10. Amend § 27.1549 by revising
                                                  appropriate to its use or in the event of                                                                     systems, and installations.’’
                                                                                                          paragraphs (a) through (d) to read as
                                                  a malfunction.                                          follows:                                              PART 29—AIRWORTHINESS
                                                      (e) If the automatic flight guidance
                                                                                                                                                                STANDARDS: TRANSPORT
                                                  and control system integrates signals                   § 27.1549    Powerplant instruments.
                                                                                                                                                                CATEGORY ROTORCRAFT
                                                  from auxiliary controls or furnishes                    *      *    *     *    *
                                                  signals for operation of other                             (a) Each maximum and, if applicable,               ■ 15. The authority citation for part 29
                                                  equipment, there must be a means to                     minimum safe operating limit must be                  continues to read as follows:
                                                  prevent improper operation.                             marked with a red line;                                 Authority: 49 U.S.C. 106(f), 106(g), 40113,
                                                  *       *      *    *     *                                (b) Each normal operating range must               44701–44702, 44704.
                                                                                                          be marked as a green or unmarked
                                                  § 27.1335   [Removed]                                   range;                                                ■ 16. Amend § 29.955 by revising
                                                  ■   7. Remove § 27.1335.                                   (c) Each takeoff and precautionary                 paragraph (a)(7) to read as follows:
                                                  ■   8. Revise § 27.1353 to read as follows:             range must be marked with a yellow                    § 29.955    Fuel flow.
                                                                                                          range or yellow line; and
                                                  § 27.1353   Energy storage systems.                        (d) Each engine or propeller range that               (a) * * *
                                                    Energy storage systems must be                                                                                 (7) The fuel filter required by § 29.997
                                                                                                          is restricted because of excessive
                                                  designed and installed as follows:                                                                            is blocked to the degree necessary to
                                                                                                          vibration stresses must be marked with
                                                    (a) Energy storage systems must                                                                             simulate the accumulation of fuel
                                                                                                          red ranges or red lines.
                                                  provide automatic protective features                                                                         contamination required to activate the
                                                                                                          *      *    *     *    *                              indicator required by § 29.1305(a)(18).
                                                  for any conditions that could prevent                   ■ 11. Amend § 27.1555 by revising
                                                  continued safe flight and landing.                      paragraph (c)(1) to read as follows:                  *      *    *      *     *
                                                    (b) Energy storage systems must not                                                                         ■ 17. Amend § 29.977 by revising
                                                  emit any explosive or toxic gases,                      § 27.1555    Control markings.                        paragraphs (a)(1) and (2) to read as
                                                  smoke, or fluids except through                         *      *    *     *    *                              follows:
                                                  designed venting provisions and must                      (c) * * *
                                                                                                                                                                § 29.977    Fuel tank outlet.
                                                  not accumulate in hazardous quantities                    (1) For fuel systems having no selector
                                                  within the rotorcraft.                                  controls, the usable fuel capacity of the               (a) * * *
                                                    (c) Corrosive fluids or gases that                    system must be indicated at the fuel                    (1) For reciprocating engine powered
                                                  escape from the system must not                         quantity indicator unless it is:                      rotorcraft, have 8 to 16 meshes per inch;
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                                                  damage surrounding structures, adjacent                   (i) Provided by another system or                   and
                                                  equipment, or systems necessary for                     equipment readily accessible to the                     (2) For turbine engine powered
                                                  continued safe flight and landing.                      pilot; and                                            rotorcraft, prevent the passage of any
                                                    (d) The maximum amount of heat that                     (ii) Contained in the limitations                   object that could restrict fuel flow or
                                                  can be generated during any operation                   section of the rotorcraft flight manual.              damage any fuel system component.
                                                  or under any failure condition of the                   *      *    *     *    *                              *     *     *     *     *
                                                  energy storage system or its individual                 ■ 12. Amend § 27.1587 by revising                     ■ 18. Amend § 29.1019 by revising
                                                  components must not result in any                       paragraph (a)(1) to read as follows:                  paragraph (a)(5) to read as follows:


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                                                  50592              Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules

                                                  § 29.1019   Oil strainer or filter.                     failure condition must be inversely                   ■ 22. Amend § 29.1333 by revising
                                                    (a) * * *                                             proportional to its consequences.                     paragraph (a) to read as follows:
                                                    (5) An oil strainer or filter that has no                (c) A means to alert the crew in the
                                                                                                          event of a failure must be provided                   § 29.1333   Instrument systems.
                                                  bypass, except one that is installed at an
                                                  oil tank outlet, must have a means to                   when an unsafe system operating                       *     *     *     *    *
                                                  connect it to the warning system                        condition exists and to enable them to                  (a) For pneumatic systems, only the
                                                  required in § 29.1305(a)(19).                           take corrective action. Systems,                      required flight instruments for the first
                                                  *     *     *     *    *                                controls, and associated monitoring and               pilot may be connected to that operating
                                                  ■ 19. Amend § 29.1305 by revising                       crew alerting means must be designed to               system.
                                                  paragraphs (a)(5), (11), and (12) and                   minimize crew errors that could create                *     *     *     *    *
                                                  adding (b)(4) to read as follows:                       additional hazards.
                                                                                                             (d) Compliance with the requirements               § 29.1335   [Removed]
                                                  § 29.1305   Powerplant instruments.                     of this section must be shown by                      ■ 23. Remove § 29.1335.
                                                     (a) * * *                                            analysis and, where necessary, by                     ■ 24. Amend § 29.1351 by adding
                                                     (5) A means to indicate manifold                     ground, flight, or simulator tests. The               paragraphs (e) and (f) to read as follows:
                                                  pressure for each reciprocating engine of               analysis must account for:
                                                  the altitude type;                                         (1) Possible modes of failure,                     § 29.1351   General.
                                                  *      *    *    *     *                                including malfunctions and misleading                 *     *     *     *     *
                                                     (11) A means to indicate the gas                     data and input from external sources;                   (e) Electrical equipment, controls, and
                                                                                                             (2) The effect of multiple failures and            wiring must be installed so that
                                                  temperature for each turbine engine;
                                                                                                          latent failures;                                      operation of any one unit or system of
                                                     (12) A means to indicate the gas
                                                                                                             (3) The resulting effects on the
                                                  producer speed for each turbine engine;                                                                       units will not adversely affect the
                                                                                                          rotorcraft and occupants, considering
                                                  *      *    *    *     *                                                                                      simultaneous operation of any other
                                                                                                          the stage of flight and operating
                                                     (b) * * *                                                                                                  electrical unit or system essential to safe
                                                                                                          conditions; and
                                                     (4) For each Category A rotorcraft for                                                                     operation.
                                                                                                             (4) The crew warning cues and the
                                                  which OEI Training Mode is requested,                   corrective action required.                             (f) Cables must be grouped, routed,
                                                  a means must be provided to indicate to                 ■ 21. Amend § 29.1329 by revising the                 and spaced so that damage to essential
                                                  the pilot the simulation of an engine                   section heading, adding introductory                  circuits will be minimized if there are
                                                  failure, the annunciation of that                       text, and revising paragraphs (a), (d),               faults in heavy current-carrying cables.
                                                  simulation, and a representation of the                 and (e) to read as follows:                           *     *     *     *     *
                                                  OEI power being provided.                                                                                     ■ 25. Revise § 29.1353 to read as
                                                                                                          § 29.1329 Automatic flight guidance and
                                                  *      *    *    *     *                                                                                      follows:
                                                                                                          control system.
                                                  ■ 20. Revise § 29.1309 to read as
                                                  follows:                                                    For the purpose of this subpart, an               § 29.1353   Energy storage systems.
                                                                                                          automatic flight guidance and control                   Energy storage systems must be
                                                  § 29.1309 Equipment, systems, and                       system may consist of an autopilot,                   designed and installed as follows:
                                                  installations.                                          flight director, or a component that                    (a) Energy storage systems must
                                                     The equipment, systems, and                          interacts with stability augmentation or              provide automatic protective features
                                                  installations whose functioning is                      trim.                                                 for any conditions that could prevent
                                                  required by this subchapter must be                         (a) Each automatic flight guidance and
                                                                                                                                                                continued safe flight and landing.
                                                  designed and installed to ensure that                   control system must be designed so that
                                                                                                          it:                                                     (b) Energy storage systems must not
                                                  they perform their intended functions
                                                                                                              (1) Can be overpowered by the pilot               emit any explosive or toxic gases,
                                                  under any foreseeable operating
                                                                                                          to allow control of the rotorcraft;                   smoke, or fluids except through
                                                  condition. For any item of equipment or
                                                                                                              (2) Provides a means to disengage the             designed venting provisions and must
                                                  system whose failure has not been
                                                                                                          system by the pilot to prevent it from                not accumulate in hazardous quantities
                                                  specifically addressed by another
                                                                                                          interfering with the control of the                   within the rotorcraft.
                                                  requirement in this chapter, the
                                                  following requirements also apply:                      rotorcraft; and                                         (c) Corrosive fluids or gases that
                                                     (a) The design of each item of                           (3) Provides a means to indicate to the           escape from the system must not
                                                  equipment, system, and installation                     flight crew its current mode of                       damage surrounding structures, adjacent
                                                  must be analyzed separately and in                      operation. Selector switch position is                equipment, or systems necessary for
                                                  relation to other rotorcraft systems and                not acceptable as a means of indication.              continued safe flight and landing.
                                                  installations to determine and identify                 *       *      *    *     *                             (d) The maximum amount of heat that
                                                  any failure that would affect the                           (d) The system must be designed so                can be generated during any operation
                                                  capability of the rotorcraft or the ability             that, within the range of adjustment                  or under any failure condition of the
                                                  of the crew to perform their duties in all              available to the pilot, it cannot produce             energy storage system or its individual
                                                  operating conditions.                                   hazardous loads on the rotorcraft, or                 components must not result in any
                                                     (b) Each item of equipment, system,                  create hazardous deviations in the flight             hazardous effect on rotorcraft structure,
                                                  and installation must be designed and                   path, under any flight condition                      equipment, or systems necessary for
                                                  installed so that:                                      appropriate to its use or in the event of             continued safe flight and landing.
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                                                     (1) The occurrence of any catastrophic               a malfunction.                                          (e) Energy storage system installations
                                                  failure condition is extremely                              (e) If the automatic flight guidance              required for continued safe flight and
                                                  improbable;                                             and control system integrates signals                 landing of the rotorcraft must have
                                                     (2) The occurrence of any minor                      from auxiliary controls or furnishes                  monitoring features and a means to
                                                  failure condition is no more than                       signals for operation of other                        indicate to the pilot the status of all
                                                  probable; and                                           equipment, there must be a means to                   critical system parameters.
                                                     (3) For the occurrence of any other                  prevent improper operation.                           ■ 26. Amend § 29.1517 by revising the
                                                  failure condition, the probability of the               *       *      *    *     *                           section heading to read as follows:


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                                                                     Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Proposed Rules                                            50593

                                                  § 29.1517 Limiting height-velocity                        (6) The height-velocity envelope                    ADDRESSES:   Send comments on this
                                                  envelope.                                               except for rotorcraft incorporating this              proposal to: U.S. Department of
                                                  *     *    *     *     *                                as an operating limitation;                           Transportation, Docket Operations, 1200
                                                  ■ 27. Amend § 29.1545 by revising                       *     *     *     *      *                            New Jersey Avenue SE., West Bldg.
                                                  paragraph (b) to read as follows:                       ■ 31. Amend appendix B to part 29 by                  Ground Floor, Rm. W12–140,
                                                                                                          revising paragraphs VIII introductory                 Washington, DC 20590; Telephone:
                                                  § 29.1545   Airspeed indicator.
                                                                                                          text and VIII(b)(5)(i) to read as follows:            (202) 366–9826. You must identify the
                                                  *      *     *    *     *                                                                                     Docket No. FAA–2017–0848; Airspace
                                                    (b) The following markings must be                    Appendix B to Part 29—Airworthiness                   Docket No. 13–ANE–2, at the beginning
                                                  made:                                                   Criteria for Helicopter Instrument                    of your comments. You may also submit
                                                    (1) A red line:                                       Flight                                                and review received comments through
                                                    (i) For rotorcraft other than                         *     *     *     *    *                              the Internet at http://
                                                  helicopters, at VNE.                                      VIII. Equipment, systems, and                       www.regulations.gov. You may review
                                                    (ii) For helicopters, at a VNE (power-                installation. The basic equipment and                 the public docket containing the
                                                  on).                                                    installation must comply with                         proposal, any comments received, and
                                                    (iii) For helicopters, at VNE (power-                 §§ 29.1303, 29.1431, and 29.1433, with                any final disposition in person in the
                                                  off). If VNE (power-off) is less than VNE                                                                     Dockets Office between 9:00 a.m. and
                                                                                                          the following exceptions and additions:
                                                  (power-on) and both are simultaneously                                                                        5:00 p.m., Monday through Friday,
                                                  displayed, the red line at VNE (power-                  *     *     *     *    *
                                                                                                            (b) * * *                                           except federal holidays.
                                                  off) must be clearly distinguishable from                                                                        FAA Order 7400.11B, Airspace
                                                  the red line at VNE (power-on).                           (5) * * *
                                                                                                            (i) For pneumatic systems, only the                 Designations and Reporting Points, and
                                                    (2) [Reserved]                                                                                              subsequent amendments can be viewed
                                                    (3) For the caution range, a yellow                   required flight instruments for the first
                                                                                                          pilot may be connected to that operating              on line at http://www.faa.gov/air_
                                                  range.                                                                                                        traffic/publications/. For further
                                                    (4) For the normal operating range, a                 system;
                                                                                                                                                                information, you can contact the
                                                  green or unmarked range.                                *     *     *     *    *
                                                                                                                                                                Airspace Policy Group, Federal Aviation
                                                  *      *     *    *     *                                 Issued under authority provided by                  Administration, 800 Independence
                                                  ■ 28. Amend § 29.1549 by revising                       (Consult AGC) 49 U.S.C. 106(f), 44701(a), and         Avenue SW., Washington, DC 20591;
                                                  paragraphs (a) through (d) to read as                   44703 in Washington, DC, on October 19,
                                                                                                                                                                telephone: (202) 267–8783. The Order is
                                                  follows:                                                2017.
                                                                                                                                                                also available for inspection at the
                                                                                                          David W. Hempe,
                                                  § 29.1549   Powerplant instruments.                                                                           National Archives and Records
                                                                                                          Deputy Executive Director for Regulatory              Administration (NARA). For
                                                  *      *    *     *    *                                Operations, Aircraft Certification Service.
                                                                                                                                                                information on the availability of FAA
                                                     (a) Each maximum and, if applicable,                 [FR Doc. 2017–23360 Filed 10–31–17; 8:45 am]          Order 7400.11B at NARA, call (202)
                                                  minimum safe operating limit must be                    BILLING CODE 4910–13–P                                741–6030, or go to https://www.archives
                                                  marked with a red line;
                                                                                                                                                                .gov/federal-register/cfr/ibr-
                                                     (b) Each normal operating range must
                                                                                                                                                                locations.html.
                                                  be marked as a green or unmarked                        DEPARTMENT OF TRANSPORTATION                             FAA Order 7400.11, Airspace
                                                  range;
                                                                                                          Federal Aviation Administration                       Designations and Reporting Points, is
                                                     (c) Each takeoff and precautionary
                                                                                                                                                                published yearly and effective on
                                                  range must be marked with a yellow
                                                                                                          14 CFR Part 71                                        September 15.
                                                  range or yellow line;
                                                     (d) Each engine or propeller range that                                                                    FOR FURTHER INFORMATION CONTACT: John
                                                                                                          [Docket No. FAA–2017–0848; Airspace                   Fornito, Operations Support Group,
                                                  is restricted because of excessive                      Docket No. 13–ANE–2]
                                                  vibration stresses must be marked with                                                                        Eastern Service Center, Federal Aviation
                                                  red ranges or red lines; and                            Proposed Amendment of Class E                         Administration, P.O. Box 20636,
                                                  *      *    *     *    *                                Airspace, Berlin, NH                                  Atlanta, Georgia 30320; telephone (404)
                                                  ■ 29. Amend § 29.1555 by revising
                                                                                                                                                                305–6364.
                                                  paragraph (c)(1) to read as follows:                    AGENCY: Federal Aviation                              SUPPLEMENTARY INFORMATION:
                                                                                                          Administration (FAA), DOT.
                                                  § 29.1555   Control markings.                                                                                 Authority for This Rulemaking
                                                                                                          ACTION: Notice of proposed rulemaking
                                                  *      *    *     *    *                                (NPRM).                                                 The FAA’s authority to issue rules
                                                    (c) * * *                                                                                                   regarding aviation safety is found in
                                                    (1) For fuel systems having no selector               SUMMARY:   This action proposes to                    Title 49 of the United States Code.
                                                  controls, the usable fuel capacity of the               amend Class E airspace at Berlin, NH,                 Subtitle I, Section 106 describes the
                                                  system must be indicated at the fuel                    due to the addition of a localizer                    authority of the FAA Administrator.
                                                  quantity indicator unless it is:                        performance with vertical guidance                    Subtitle VII, Aviation Programs,
                                                    (i) Provided by another system or                     function (LPV) instrument procedure to                describes in more detail the scope of the
                                                  equipment readily accessible to the                     runway 18 being created for Berlin                    agency’s authority. This rulemaking is
                                                  pilot; and                                              Regional Airport (formerly Berlin                     promulgated under the authority
                                                    (ii) Contained in the limitations                     Municipal Airport). This action also                  described in Subtitle VII, Part A,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  section of the rotorcraft flight manual.                would update the geographic                           Subpart I, Section 40103. Under that
                                                  *      *    *     *    *                                coordinates of the airport to coincide                section, the FAA is charged with
                                                  ■ 30. Amend § 29.1587 by revising
                                                                                                          with the FAA’s aeronautical database,                 prescribing regulations to assign the use
                                                  paragraph (b)(6) to read as follows:                    and would enhance the safety and                      of airspace necessary to ensure the
                                                                                                          management of instrument flight rules                 safety of aircraft and the efficient use of
                                                  § 29.1587   Performance information.                    operations (IFR) at the airport.                      airspace. This regulation is within the
                                                  *       *    *       *      *                           DATES: Comments must be received on                   scope of that authority as it would
                                                      (b) * * *                                           or before December 18, 2017.                          amend Class E airspace at Berlin


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Document Created: 2017-11-01 02:02:44
Document Modified: 2017-11-01 02:02:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesSend comments on or before January 30, 2018.
ContactFor questions concerning this action, contact Sandra Shelley, Aviation Safety Engineer, Safety Management Group, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]
FR Citation82 FR 50583 
RIN Number2120-AK80
CFR Citation14 CFR 27
14 CFR 29
CFR AssociatedAircraft and Aviation Safety

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