96-14083. Airworthiness Standards: Aircraft Engines New One-Engine- Inoperative (OEI) Ratings, Definitions and Type Certification Standards  

  • [Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
    [Rules and Regulations]
    [Pages 31324-31329]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-14083]
    
    
    
    
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    Part IV
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Federal Aviation Administration
    
    
    
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    14 CFR Parts 1 and 33
    
    
    
    Airworthiness Standards: Aircraft Engines New One-Engine-Inoperative 
    (EOI) Ratings, Definitions and Type Certification Standards; Final Rule
    
    Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / 
    Rules and Regulations
    
    [[Page 31324]]
    
    
    
    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Parts 1 and 33
    
    [Docket No. 26019; Amendment Nos. 1-46, 33-18]
    RIN 2120-AD21
    
    
    Airworthiness Standards: Aircraft Engines New One-Engine-
    Inoperative (OEI) Ratings, Definitions and Type Certification Standards
    
    AGENCY: Federal Aviation Administration (FAA), DOT.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This amendment establishes definitions for new one-engine 
    inoperative (OEI) ratings, and type certification standards for those 
    ratings. This amendment is the result of a petition for rulemaking from 
    Aerospace Industries Association of America, Inc. (AIA), and a 
    recognition by both the FAA, along with other civil airworthiness 
    authorities, and the aviation industry for a need for additional OEI 
    power rating standards. The maximum engine power rating for rotorcraft 
    available under current certification standards contained in the 
    Federal Aviation Regulations (FAR's) is the 2\1/2\-minute OEI rating. 
    This amendment establishes definitions and type certification standards 
    for the 30-second OEI and 2-minute OEI rating at higher power levels 
    than currently available. These new ratings will enhance rotorcraft 
    safety after an engine failure or precautionary shutdown by providing 
    the availability for higher OEI power. The benefits from this amendment 
    are enhanced safety through improved rotorcraft takeoff and landing 
    performances, and shorter field operations or higher payload with the 
    same degree of safety.
    
    EFFECTIVE DATE: August 19, 1996.
    
    FOR FURTHER INFORMATION CONTACT:
    Chung C. Hsieh, Aerospace Engineer, Engine and Propeller Standards 
    Staff, ANE-110, Engine and Propeller Directorate, Aircraft 
    Certification Service, FAA, 12 New England Executive Park, Burlington, 
    MA 01803-5229, telephone (617) 238-7115; fax (617) 238-7199.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The FAA issued a Notice of Proposed Rulemaking (NPRM) No. 89-27 
    that was published in the Federal Register on September 22, 1989 (54 FR 
    39080), and also issued Supplemental Notice of Proposed Rulemaking 
    (SNPRM) No. 89-27A that was published in the Federal Register on 
    February 7, 1995 (60 FR 7380). These notices proposed to define new 
    one-engine inoperative (OEI) ratings for rotorcraft engines and 
    establish type certification standards for these new OEI ratings. The 
    new OEI ratings will be applicable to turbine engines installed on 
    multiengine powered rotorcraft.
        The payload for multiengine rotorcraft is limited by the power 
    available from the remaining operating engine(s) in the event one 
    engine fails during takeoff or landing. Currently, the maximum engine 
    power rating available for rotorcraft under part 33 is the 2\1/2\ OEI 
    rating. This amendment establishes 30-second OEI and 2-minute OEI 
    ratings at higher power level than currently available. The new rating 
    will allow rotorcraft to carry higher payloads from existing fields or 
    to takeoff from smaller fields with current payloads, without 
    decreasing the level of safety for these operations. Engine type 
    certification using these new ratings, however, as with other OEI 
    ratings, remains optional.
        The Aerospace Industries Association of America, Inc., (AIA) 
    submitted a petition for rulemaking to the FAA on September 20, 1984, 
    requesting an amendment of the FAR's to permit type certification of 
    engines and rotorcraft with new OEI ratings. The FAA acknowledged 
    receipt of the AIA petition, by letter on November 26, 1984, and issued 
    a notice of that petition that was published in the Federal Register on 
    December 10, 1984 (49 FR 48759). The FAA subsequently held the petition 
    in abeyance pending AIA's submission of a revised petition for 
    rulemaking on April 1, 1987.
        The AIA then sponsored a meeting with the Association European des 
    Constructeurs de Materiel d'Aerospatial (AECMA), the European 
    Helicopter Association (EHA), and the European Joint Airworthiness 
    Authorities (JAA) on April 9, 1987, and invited the FAA to attend. The 
    purpose of this meeting was to familiarize the European community with 
    the AIA petition. Thereafter, the FAA and the JAA convened their annual 
    harmonization meeting on May 19-21, 1987, to discuss, in part, the 
    status of programs of mutual interest. One result of the FAA/JAA 
    meeting was a recommendation that the FAA and the JAA should strive to 
    promulgate more harmonious rules and guidance material. Accordingly, 
    the FAA coordinated their reviews of the AIA petition directly with the 
    JAA. A meeting was held in late August 1987 between representatives of 
    the FAA and the JAA to discuss the JAA's concerns with the AIA 
    petition. The JAA provided many comments, most of which contained 
    significant deviations from specifies of the petition being considered.
        On November 19, 1987, AIA, AECMA, and EHA jointly sponsored a 
    meeting at AIA Headquarters in Washington, DC, and invited the FAA and 
    the JAA to attend. The purpose of this meeting was for industry, AIA, 
    AECMA, and EHA, to jointly address and respond to the comments and 
    concerns previously expressed by the JAA. In follow-up to this meeting, 
    on June 8, 1988, the AIA submitted additional revisions to their 
    petition for rulemaking.
        The FAA then issued a final rule from a previous proposal amending 
    parts 1 and 33 of the FAR's. Amendments 1-34 and 33-12 were issued and 
    published in the Federal Register on September 2, 1988 (53 FR 34196, 
    effective October 3, 1988), which redefined OEI ratings in part 1 and 
    added the Continuous OEI rating in both part 1 and part 33.
        After reviewing the revised AIA petition, and coordinating with the 
    JAA, the FAA issued NPRM No. 89-27 (54 FR 39080), to address the part 
    33 engine certification aspects of 39-second and 2-minute OEI ratings, 
    and NPRM No. 89-26 (54 FR 39086), to address the part 27 and part 29 
    rotorcraft certification aspects of the OEI ratings. Both NPRM's were 
    published in the Federal Register on September 22, 1989. During the 
    comment period, the FAA held a joint public meeting to discuss the 
    proposals of both NPRM's in Fort Worth, Texas, on November 16, 1989 
    (see Notice of public meeting published on October 13, 1989, 54 FR 
    41986). The Final rules to part 27 and part 29 were published in the 
    Federal Register on September 16, 1994 (59 FR 47764).
        Based on the comments received, the FAA determined that the 
    proposals contained in NPRM 89-27 warranted further consideration. 
    Substantive changes were made to the proposed rule, and SNPRM 89-27A 
    was published in the Federal Register on February 7, 1995 (60 FR 7380). 
    The SNPRM gave all interested parties an opportunity to comment on the 
    modified proposed rule.
        All interested persons have been given an opportunity to 
    participate in this rulemaking, and due consideration has been given to 
    all matters presented. Some minor editorial changes have been made to 
    clarify the proposals as indicated herein. The changes are based on 
    comments received and further FAA review of the proposals. The FAA has 
    determined that certain technical issues associated with proposed 
    revisions to Sec. 33.27 have not been resolved. These
    
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    technical issues will be discussed in an Aviation Rulemaking Advisory 
    Committee (ARAC) working group (see Notice of establishment of 
    Propulsion Harmonization Working Group at 57 FR 58840, December 11, 
    1992). Except for the proposed revisions to Sec. 33.27 and other 
    changes as indicated herein, the proposals contained in SNPRM 89-27A 
    have been adopted without change.
    
    Discussion of Comments
    
        The commenters represent domestic and foreign engine manufacturers, 
    and foreign civil airworthiness authorities. Four commenters provided 
    the FAA with comments to NPRM 89-27, addressing numerous issues. The 
    FAA also received comments to SNPRM 89-27A from three commenters. This 
    discussion addresses all the comments made to SNPRM 89-27A, plus those 
    comments made to NPRM 89-27 that were not already addressed in the 
    discussion section of SNPRM 89-27A. Some comments presented orally at 
    the November 16, 1989, public meeting have not been addressed here, 
    since they have been withdrawn; other oral comments were submitted in 
    writing to the rules docket. The transcript of the public meeting is in 
    the Rules Docket. The comments are grouped according to the applicable 
    sections of the proposed amendment, with general comments discussed 
    first.
    
    General Comments
    
        One commenter recommends that the FAA should publish the proposals 
    as worded in the SNPRM as a final rule for all applicable 14 CFR part 1 
    and 33 sections, with the exception of the proposed revisions to 
    Sec. 33.27.
        One commenter states that the new structure of helicopter engine 
    ratings as proposed creates a new certification scheme for helicopters 
    and, accordingly, all the pertinent regulatory and advisory matter must 
    be considered at the same time. The commenter points out that guidance 
    material for the proposed ratings, including the maintenance inspection 
    requirements under Sec. 33.90 and on the issue of power assurance, is 
    not available. Therefore, the commenter states that an acceptable level 
    of safety cannot be achieved until all advisory and regulatory material 
    can be reviewed at the same time.
        The FAA disagrees. Even though specific advisory material that 
    addresses the new OEI ratings is not yet available, the FAA will not 
    delay issuing this Final rule. The existing guidance material on the 
    issue of power assurance, which is a certification requirement of the 
    helicopter under Secs. 27.45(f) and 29.45(f), may be of assistance to 
    applicants for type certification. A joint effort between the FAA's 
    Engine & Propeller Directorate and the Rotorcraft Directorate, and both 
    the engine and the helicopter industry, has resulted in a report 
    published by the Society of Automotive Engineers (SAE), Aerospace 
    Information Report AIR4083, ``Helicopter Power Assurance,'' dated July 
    13, 1989. Also, guidance material addressing the existing Sec. 33.90 is 
    provided in FAA Advisory Circular (AC) AC 33-2B, ``Aircraft Engine Type 
    Certification Handbook''. This AC will be revised to include guidance 
    material on power assurance and mandatory maintenance requirements for 
    the new OEI ratings following the adoption of this Final rule. The FAA 
    plans to issue advisory material for these new OEI ratings as soon as 
    practical.
        The commenter also states that this rulemaking is based on an 
    assumption that the new OEI ratings will be used only during the 
    takeoff and landing phases of flight. The commenter speculates that it 
    would be possible that these new ratings be utilized under the 
    ``External Load Operations'' provisions of Sec. 133.45(e)(1). The 
    commenter suggests that the Regulatory Evaluation section needs to 
    address whether this assumption will be invalidated if the enhanced OEI 
    performance is taken into account for other than takeoff and landing 
    purposes.
        The FAA disagrees. While the proposed new OEI ratings are intended 
    to be used only after the failure of one engine on a multiengine 
    rotorcraft during takeoff, climb, or landing, it is entirely possible 
    that these new ratings might be utilized to meet the provisions of 
    current Sec. 133.45(e)(1), if the rotorcraft and the operator fulfill 
    those criteria. Therefore, the Regulatory Evaluation does not depend on 
    how the higher power levels associated with the new OEI ratings may be 
    used in showing compliance with an existing regulation. In addition the 
    commenter does not suggest any changes to the regulatory language of 
    the proposed amendment to part 1 or part 33 to address that concern. 
    These new ratings are intended to supplement the existing OEI rating 
    structure for the type certification of engines and rotorcraft. 
    Existing rotorcraft operating rules with respect to OEI conditions 
    should not be impacted by the addition of the 30-second and the 2-
    minute OEI ratings.
    
    Section 1.1  Definitions
    
        One commenter recommends that the existing Sec. 1.1 definition of 
    rated 30-minute OEI power should be amended to clarify that the period 
    of use must not exceed a total of 30 minutes during any flight. The 
    commenter further states that many authorities are aware of instances 
    of misinterpretations, not precluded by Flight Manuals, whereby more 
    than 30 minutes of 30-minute OEI power could have been accumulated 
    during one flight. This commenter also recommends that the common 
    aspects of all existing and proposed definitions of rated power/thrust 
    be expressed in identical language to eliminate differences as much as 
    possible.
        The FAA disagrees. The existing Sec. 1.1 definition of rated 30-
    minute OEI power states that the engine power at this rating is limited 
    in use to a period of not more than 30 minutes after the failure of one 
    engine of a multiengine rotorcraft. The language used to define the new 
    30-second OEI and 2-minute OEI ratings is consistent with this and 
    other OEI definitions. The recommendations on the existing definitions 
    of rated power and thrust are beyond the scope of this rulemaking. Such 
    a change may be considered, however, as part of the Engine & Propeller 
    Directorate's ongoing study on engine ratings.
    
    Section 33.14  Start-Stop Cyclic Stress
    
        One commenter states that the proposal should also include a change 
    to existing Sec. 33.14 that would exclude OEI ratings from the meaning 
    of the term ``maximum rated power'' as it appears in Sec. 33.14. The 
    commenter bases the need for this change on an interpretation of the 
    existing Sec. 33.14 using the preambles to two previous amendments to 
    the FAR's, both pre-dating the most recent changes to parts 1 and 33 
    relating to OEI ratings. The commenter concludes that the suggested 
    changes would make Sec. 33.14 more rational and provide clarity to 
    promote consistent application. The commenter also states that 
    Sec. 33.14 should address rotational speed operating limits and rotor 
    temperatures in addition to rated powers/thrusts.
        The FAA disagrees. No changes to Sec. 33.14 were proposed in either 
    NPRM No. 89-27 or SNPRM 89-27A. The FAA finds that the existing 
    Sec. 33.14 is adequate to address the new 30-second OEI and 2-minute 
    OEI ratings.
    
    Section 33.27  Turbine, Compressor, Fan and Turbosupercharger Rotors
    
        Several commenters state that proposed revisions to Sec. 33.27, 
    rotor integrity, are not consistent with the status of the discussions 
    on rotor integrity requirements currently ongoing in an ARAC working 
    group.
        The FAA agrees that proposed Sec. 33.27 is not harmonized with JAR-
    E. The proposed revision to Sec. 33.27 has been
    
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    removed from the Final rule as the proposal has not been completely 
    harmonized by the FAA (part 33) and the JAA (JAR-E). However, the FAA 
    will consider additional amendments to Sec. 33.27, and ARAC 
    harmonization is anticipated. In the interim the FAA will address each 
    application for type certification that requests 30-second OEI and 2-
    minute OEI ratings on a case by case basis.
    
    Section 33.29  Instrument Connection
    
        One commenter states that Sec. 29.1305(a)(24) requires an 
    indication to the pilot when the use of OEI rating begins and when the 
    allowed time of this rating has expired, and the proposed 33.29(c)(1) 
    should have consistent requirements.
        The FAA agrees. New Sec. 33.29(c)(1) is changed accordingly. In 
    addition, new Sec. 33.29(c)(3) is changed to clarify the FAA's intent 
    to require that each usage of a power level at one of the new OEI 
    ratings is limited in duration. Therefore, for example, as the 
    definition of the rating provides, 30-second OEI power is limited to 
    three periods of use in any one flight following an engine failure, and 
    each period of use is limited to no more than 30 seconds. Unused time 
    from one period of use may not be accumulated for use during a 
    subsequent period. Accordingly, new Sec. 33.29(c)(3) is changed to 
    provide for a means to record each use and the duration of each use of 
    power at each rating.
    
    Section 33.85  Calibration Tests
    
        One commenter states that the reference in proposed Sec. 33.85(d) 
    to Secs. 33.87(f) (1) through (8) should read Sec. 33.87, because 
    paragraphs (1) through (8) of proposed Sec. 33.87(f) relate only to the 
    new 30-second OEI and 2-minute OEI ratings where proposed Sec. 33.85(d) 
    is also applicable to the 2\1/2\-minute OEI rating.
        The FAA disagrees. New Sec. 33.85(d) is intended for 30-second OEI 
    and 2-minute OEI ratings only, and reference to the 2\1/2\-minute OEI 
    rating was accidentally included in the SNPRM. Therefore, the reference 
    to the 2\1/2\- minute OEI rating is removed from new Sec. 33.85(d).
    
    Section 33.87  Endurance Test
    
        One commenter questions whether, during the additional endurance 
    testing introduced by proposed Sec. 33.87 (f)(1) through (f)(8), at 
    least 100 percent of 30-second OEI and 2-minute OEI rated powers must 
    be produced during all such operations. The commenter states that it 
    appears to be the intent because Sec. 33.87(a)(3) remains applicable to 
    the proposed Sec. 33.87(f), yet the commenter states that 100 percent 
    power may only be required for the first sequence of proposed 
    Sec. 33.87(f), and not for all the sequences.
        The FAA disagrees. The 100 percent rule of Sec. 33.87(a)(3) applies 
    to new Sec. 33.87(f) for all sequences; no exceptions are intended or 
    implied.
        One commenter suggests the following for proposed Sec. 33.87 (f)(1) 
    through (f)(8):
        1. The test sequence described by Sec. 33.87 (f)(1) through (f)(8) 
    would be required to be repeated eight times for a total time of not 
    less than 180 minutes and would be required to be conducted in a 
    prescribed sequence and without stopping during the 180 minutes total 
    test period.
        2. The sequence during which the length of the particular test 
    condition defined by Sec. 33.87(f)(4) is increased to sixty-five 
    minutes would need to be re-defined as: ``except that during the fourth 
    or fifth test sequence this period shall be sixty-five minutes.''
        The FAA disagrees. The two hour supplementary test is to simulate a 
    flight scenario using 30-second and 2-minute OEI ratings. After the 
    initial 30-second and 2-minute applications to complete the takeoff or 
    effect a rejected takeoff and the climb out to a safe altitude and 
    airspeed, the engine is run at the 30-minute or continuous OEI rating 
    power to maintain a safe altitude enroute and to complete a landing of 
    the aircraft. The two hour cyclic test defined in this section 
    demonstrates the ability of the engine to complete a safe flight with 
    up to three applications of the 30-second and 2-minute OEI ratings 
    during one flight. The proposed changes from the commenter are not 
    supported by reasonable technical justification.
    
    Section 33.88  Engine Overtemperature Test
    
        One commenter suggests that the words ``steady state'' be inserted 
    before the words ``power-on r.p.m.'' in proposed Sec. 33.88(c). The 
    commenter states that the words are necessary since the test is 
    conducted at maximum steady state rpm limit rather than maximum 
    transient rpm limit. In addition, the proposed change to ``steady 
    state'' rpm limit and to the post test acceptance criteria is also 
    applicable to engines not having automatic temperature limiting which 
    are tested at 75  deg.F above the maximum temperature limit.
        The FAA disagrees. The overtemperature condition associated with 
    usage of the 30-second OEI rating is normally expected from over-
    fueling and consequently is accompanied by an excess rpm, not a steady 
    state level associated with a non-overtemperature or a non-overboost 
    condition.
        One commenter states that use of the words ``provides an exception 
    from the existing requirements'' in the preamble for Proposal No. 10 of 
    NPRM 89-27, published September 22, 1989, concerning proposed 
    Sec. 33.88, could be misconstrued, and that it would have been better 
    to state `` * * * provides for an alleviation from the rotational speed 
    and the gas temperature prescribed by the existing requirements* * *.''
        The FAA disagrees. The commenter does not suggest any changes to 
    proposed Sec. 33.88 and the editorial comment addresses the wording 
    preference in the preamble only.
        One commenter states that the last sentence of proposed 
    Sec. 33.88(c) should read as follows: ``Following this run, the turbine 
    assembly may exceed serviceable limits, provided there is no evidence 
    of imminent failure. The applicant may be required to show there is no 
    evidence of imminent failure by analysis or test''. Another commenter 
    states that current JAR-E has no direct equivalent to the 5 minute 
    tests of either the existing Sec. 33.88 or proposed Sec. 33.88(a). 
    Proposed Sec. 33.88 (b) and (c), which make provision for 5 minute or 4 
    minute over-temperature test for 30-second OEI ratings, will be 
    considered by the JAA as a possible basis for a revision to JAR-E. 
    However, this will be in addition to complying with the existing 
    turbine rotor overtemperature requirement of JAR-E, C4-6, paragraph 22. 
    The commenter also suggests that proposed Sec. 33.88 (b) and (c) should 
    include a requirement that the worst case intended flight profile must 
    be assumed to include at least a further two applications of 30-second 
    OEI power, each followed by an application of 2 minute OEI power for 
    consistency of interpretation and compatibility with usage rational for 
    these particular OEI ratings, as stated in the ``Background'' of NPRM 
    89-27.
        The FAA disagrees. The intent of the post-test requirements is to 
    assure that after the overtemperature test, the engine is suitable for 
    continued service use to complete the worst case intended flight 
    profile associated with the application of the 30-second OEI power 
    rating. Although the worst case scenario may include at lease two 
    additional applications of both 30-second OEI power and 2-minute OEI 
    power, the last sentence of revised Sec. 33.88(b) and revised 
    Sec. 33.88(c) will permit the FAA, on a case by case assessment, to 
    apply the best engineering judgment for each given engine type design 
    tested.
    
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        Two commenters state that the FAA is proposing a certification 
    standard for rotorcraft engines with a temperature limiter that differs 
    from the standard for all other type engines. The commenters conclude 
    that if a temperature limiter principle is acceptable for rotorcraft 
    engines, it should also be acceptable for other gas turbine engines and 
    for other engine ratings. Therefore, the proposal should be changed to 
    apply generally and not just to 30-second and 2-minute OEI ratings.
        The FAA disagrees. The FAA considers that this comment is beyond 
    the scope of this rulemaking, which addresses only certification 
    standards for rotorcraft engines. The FAA may consider further 
    rulemaking to revise Sec. 33.88 for other gas turbine engine 
    certifications.
        One commenter states that the overtemperature subject has been 
    incorporated into the harmonization effort and requests that the FAA 
    clearly indicate the intent to harmonize certification standards 
    related to overtemperature.
        The FAA agrees. The FAA will continue to support the ongoing 
    harmonization effort toward the overtemperature test rule with the JAA 
    through the ARAC. However, the proposed overtemperature test 
    requirements in the SNPRM for 30-second and 2-minute OEI ratings are 
    published as an addition to the existing rule based on the comments 
    received. It is anticipated that the ARAC will recommend the adoption 
    of the overtemperature test for these new ratings in their draft 
    proposals.
    
    Section 33.90  Initial Maintenance Inspection
    
        One commenter suggests that the interpretation of the current 
    Sec. 33.90 needs to clearly define the requirements in that section for 
    engines that incorporate the new OEI rated power levels, and that an 
    advisory circular must be published together with this Final rule.
        The FAA disagrees. The FAA should not delay publication of this 
    Final rule pending the development of new advisory material. The FAA 
    plans to issue to the advisory material as soon as practical.
    
    Section 33.93  Teardown Inspection
    
        One commenter states that in proposed Sec. 33.93, there is an 
    ``and'' which they believe should be an ``or'' in the first sentence of 
    proposed Sec. 33.93(c), so that the fifth and sixth lines would read: 
    ``the endurance testing of Sec. 33.87 (b) or (c) or (d) or (e) or this 
    part and followed * * *''. This change is needed because proposed 
    33.87(a) states: ``for engines tested under paragraphs (b), (c), (d) or 
    (e) of this section * * *'' and the new Sec. 33.87(f) reads: ``and 
    following completion of the tests under paragraphs (b), (c), (d) or (e) 
    of this section * * *''.
        The FAA agrees. The changes to revised Sec. 33.93 are made.
    
    Regulatory Evaluation Summary
    
        Changes to the federal regulations must undergo several economic 
    analyses. First, Executive Order 12866 directs Federal agencies to 
    promulgate new regulations or modify existing regulations only if the 
    potential benefits to society outweigh the potential costs. Second, the 
    Regulatory Flexibility Act of 1980 requires agencies to analyze the 
    economic impact of regulatory changes on small entities. Finally, the 
    Office of Management and Budget directs agencies to assess the effects 
    of regulatory changes on international trade. In conducting these 
    assessments, the FAA has determined that this rule: (1) Will generate 
    benefits exceeding its costs and is not ``significant'' as defined in 
    Executive Order 12866; (2) is not ``significant'' as defined in DOT's 
    Policies and Procedures; (3) will not have a significant impact on a 
    substantial number of small entities; and (4) will not restrain 
    international trade. These analyses are available in the docket.
        The new OEI power ratings will afford rotorcraft manufacturers the 
    opportunity to install higher rated engines in their products. The 
    principal operational benefits will be the ability to carry higher 
    payloads from existing fields or to takeoff from smaller fields with 
    current payloads, which should enable more Category B operators to use 
    their rotorcraft for Category A operations, and also increase the 
    potential for all operators to use more efficient and profitable 
    routes.
        The testing costs associated with obtaining these ratings should be 
    viewed as the price of an additional capability and would be evaluated 
    by the manufacturer based on market potential. It is not possible to 
    quantify the extent of the net operational benefits that will be 
    realized by the operators because the number of products that will be 
    certificated to this standard cannot be predicted. The FAA is able to 
    conclude, however, that the rule will not have a negative economic 
    impact on manufacturers or operators. Because these are optional 
    ratings, manufacturers will provide this capability only if the 
    additional costs can be recovered in the marketplace.
        Safety after an engine failure under the provisions of this rule 
    will be as test equivalent to operational safety under the previous 
    regulations. This assessment is based on the requirement for an engine 
    inspection following one mission cycle of either the 30-second or 2-
    minute OEI power levels. All engine parts that may not be suitable for 
    further use must be discarded and replaced in order to maintain the 
    continued airworthiness of the engine. The existing minimum level of 
    engine airworthiness will be maintained under this rule by virtue of 
    new and existing design, analysis, and test certification requirements. 
    In summary, the FAA finds that the benefits of this rule will exceed 
    the costs.
    
    International Trade Impact Analysis
    
        These rule changes will have little or no impact on trade for both 
    U.S. firms doing business in foreign countries and foreign firms doing 
    business in the United States. In the U.S. market, foreign 
    manufacturers will have the option of designing engines and helicopters 
    capable of satisfying the new OEI ratings and therefore will not be at 
    a competitive disadvantage with U.S. manufacturers. Because of the 
    large U.S. market, foreign manufacturers are likely to certify their 
    rotorcraft to U.S. rules, which will limit any competitive advantage 
    U.S. manufacturers might gain in foreign markets.
    
    Regulatory Flexibility Determination
    
        The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
    Congress to ensure that small entities are not unnecessarily or 
    disproportionately burdened by Government regulations. The RFA requires 
    a Regulatory Flexibility Analysis if a rule would have a significant 
    economic impact, either detrimental or beneficial, on a substantial 
    number of small entities. FAA order 2100.14A, Regulatory Flexibility 
    Criteria and Guidance, establishes threshold cost values and small 
    entity size standards for complying with RFA review requirements in FAA 
    rulemaking actions. A review of domestic engine manufacturers indicates 
    that none meets the minimum size threshold. As such, the FAA has 
    determined that this rule will not have significant economic impact on 
    a substantial number of small entities.
    
    Federalism Implications
    
        The regulations adopted herein will not have substantial direct 
    effects on the States, on the relationship between the national 
    government and the States, or on the distribution of power and
    
    [[Page 31328]]
    
    responsibilities among the various levels of government. Therefore, in 
    accordance with Executive Order 12612, it is determined that this 
    regulation does not have sufficient federalism implications to warrant 
    the preparation of a Federalism Assessment.
    
    Conclusion
    
        For the reasons discussed in the preamble, and based on the 
    findings in the Regulatory Flexibility Determination and the 
    International Trade Impact Analysis, the FAA has determined that this 
    regulation is not a significant regulatory action under Executive Order 
    12866. In addition, the FAA certifies that these amendments do not have 
    a significant economic impact, positive or negative, on a substantial 
    number of small entities under the criteria of the Regulatory 
    Flexibility Act. These amendments are considered nonsignificant under 
    DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 
    1979). A regulatory evaluation of the amendments, including a 
    Regulatory Flexibility Determination and Trade Impact Analysis, has 
    been placed in the docket. A copy may be obtained by contacting the 
    person identified under FOR FURTHER INFORMATION CONTACT.
    
    List of Subjects
    
    14 CFR Part 1
    
        Airmen, Flights, Balloons, Parachutes, Aircraft Pilots, Pilots 
    Transportation, Agreements, Kites, Air Safety, Safety, Aviation Safety, 
    Air Transportation, Air Carriers, Aircraft, Airports, Airplanes, 
    Helicopters, Rotorcraft, Heliports, Engines, Ratings.
    
    14 CFR Part 33
    
        Engines, Rotorcraft, Air Transportation, Aircraft, Aviation safety, 
    Safety.
    
    Adoption of the Amendments
    
        Accordingly, The Federal Aviation Administration (FAA) amends 14 
    CFR part 1 and part 33 as follows:
    
    PART 1--DEFINITIONS AND ABBREVIATIONS
    
        1. The authority citation for part 1 continues to read as follows:
    
        Authority: 49 U.S.C 106(g), 40113, 44701.
    
        2. Section 1.1 is amended by adding the definitions in alphabetical 
    order of ``Rated 30-Second OEI Power'' and ``Rated 2-Minute OEI Power'' 
    to read as follows:
    
    
    Sec. 1.1  General Definitions.
    
    * * * * *
        Rated 30-second OEI power, with respect to rotorcraft turbine 
    engines, means the approved brake horsepower developed under static 
    conditions at specified altitudes and temperatures within the operating 
    limitations established for the engine under part 33 of this chapter, 
    for continued one-flight operation after the failure of one engine in 
    multiengine rotorcraft, limited to three periods of use no longer than 
    30 seconds each in any one flight, and followed by mandatory inspection 
    and prescribed maintenance action.
        Rated 2-minute OEI power, with respect to rotorcraft turbine 
    engines, means the approved brake horsepower developed under static 
    conditions at specified altitudes and temperatures within the operating 
    limitations established for the engine under part 33 of this chapter, 
    for continued one-flight operation after the failure of one engine in 
    multiengine rotorcraft, limited to three periods of use no longer than 
    2 minutes each in any one flight, and followed by mandatory inspection 
    and prescribed maintenance action.
    * * * * *
    
    PART 33--AIRWORTHINESS STANDARDS: AIRCRAFT ENGINES
    
        3. The authority citation for part 33 continues to read as follows:
    
        Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
    
        4. Section 33.7 is amended by redesignating paragraph (c)(1)(viii) 
    as (c)(1)(x); by revising newly redesignated (c)(1)(x); and by adding 
    new paragraphs (c)(1)(viii) and (c)(1)(ix) to read as follows:
    
    
    Sec. 33.7  Engine ratings and operating limitations.
    
    * * * * *
        (c) * * *
        (1) * * *
        (viii) Rated 2-minute OEI power;
        (ix) Rated 30-second OEI power; and
        (x) Auxiliary power unit (APU) mode of operation.
    * * * * *
        5. Section 33.29 is amended by adding new paragraph (c) as follows:
    
    
    Sec. 33.29  Instrument connection.
    
    * * * * *
        (c) Each rotorcraft turbine engine having a 30-second OEI rating 
    and a 2-minute OEI rating must have a provision for a means to:
        (1) Alert the pilot when the engine is at the 30-second OEI and the 
    2-minute OEI power levels, when the event begins, and when the time 
    interval expires;
        (2) Determine, in a positive manner, that the engine has been 
    operated at each rating; and
        (3) Automatically record each usage and duration of power at each 
    rating.
        6. Section 33.67 is amended by adding new paragraph (d) as follows:
    
    
    Sec. 33.67  Fuel system.
    
    * * * * *
        (d) Engines having a 30-second OEI rating must incorporate means 
    for automatic availability and automatic control of a 30-second OEI 
    power.
        7. Section 33.85 is amended by adding new paragraphs (c) and (d) as 
    follows:
    
    
    Sec. 33.85  Calibration tests.
    
    * * * * *
        (c) In showing compliance with this section, each condition must 
    stabilize before measurements are taken, except as permitted by 
    paragraph (d) of this section.
        (d) In the case of engines having 30-second OEI, and 2-minute OEI 
    ratings, measurements taken during the applicable endurance test 
    prescribed in Sec. 33.87(f) (1) through (8) may be used in showing 
    compliance with the requirements of this section for these OEI ratings.
        8. Section 33.87 is amended by revising the introductory text of 
    paragraph (a) and paragraph (a)(8); by redesignating paragraph (f) as 
    paragraph (g); by revising the reference ``(e)(2) (ii) through (iv)'' 
    to read ``(g)(2) (ii) through (iv)'' in newly designated paragraph 
    (g)(2)(i), by revising the reference ``(e)(2)(i)'' to read 
    ``(g)(2)(i)'' in newly designated paragraph ``(g)(2)(ii)''; by revising 
    the reference ``(e)(2)(i)'' to read ``(g)(2)(i)'' in newly designated 
    paragraph ``(g)(2)(iii)''; by revising the reference ``(e)(2) (i) and 
    (ii)'' to read ``(g)(2) (i) and (ii)'' in newly designated paragraph 
    (g)(2)(iv); and by adding a new paragraph (f) to read as follows:
    
    
    Sec. 33.87  Endurance test.
    
        (a) General. Each engine must be subjected to an endurance test 
    that includes a total of at least 150 hours of operation and, depending 
    upon the type and contemplated use of the engine, consists of one of 
    the series of runs specified in paragraphs (b) through (g) of this 
    section, as applicable. For engines tested under paragraphs (b), (c), 
    (d), (e) or (g) of this section, the prescribed 6-hour test sequence 
    must be conducted 25 times to complete the required 150 hours of 
    operation. Engines for which the 30-second OEI and 2-minute OEI ratings 
    are desired must be further tested under paragraph
    
    [[Page 31329]]
    
    (f) of this section. The following test requirements apply:
    * * * * *
        (8) If the number of occurrences of either transient rotor shaft 
    overspeed or transient gas overtemperature is limited, that number of 
    the accelerations required by paragraphs (b) through (g) of this 
    section must be made at the limiting overspeed or overtemperature. If 
    the number of occurrences is not limited, half the required 
    accelerations must be made at the limiting overspeed or 
    overtemperature.
    * * * * *
        (f) Rotorcraft engines for which 30-second OEI and 2-minute OEI 
    ratings are desired. For each rotorcraft engine for which 30-second OEI 
    and 2-minute OEI power ratings are desired, and following completion of 
    the tests under paragraphs (b), (c), (d), or (e) of this section, the 
    applicant may disassemble the tested engine to the extent necessary to 
    show compliance with the requirements of Sec. 33.93(a). The tested 
    engine must then be reassembled using the same parts used during the 
    test runs of paragraphs (b), (c), (d), or (e) of this section, except 
    those parts described as consumables in the Instructions for Continued 
    Airworthiness. The applicant must then conduct the following test 
    sequence four times, for a total time of not less than 120 minutes:
        (1) Takeoff power. Three minutes at rated takeoff power.
        (2)30-second OEI power. Thirty seconds at rated 30-second OEI 
    power.
        (3) 2-minute OEI power. Two minutes at rated 2-minute OEI power.
        (4) 30-minute OEI power, continuous OEI power, or maximum 
    continuous power. Five minutes at rated 30-minute OEI power, rated 
    continuous OEI power, or rated maximum continuous power, whichever is 
    greatest, except that, during the first test sequence, this period 
    shall be 65 minutes.
        (5) 50 percent takeoff power. One minute at 50 percent takeoff 
    power.
        (6) 30-second OEI power. Thirty seconds at rated 30-second OEI 
    power.
        (7) 2-minute OEI power. Two minutes at rated 2-minute OEI power.
        (8) Idle. One minute at idle.
    * * * * *
        9. Section 33.88 is revised to read as follows:
    
    
    Sec. 33.88  Engine overtemperature test.
    
        (a) Each engine must run for 5 minutes at maximum permissible rpm 
    with the gas temperature at least 75  deg.F (42  deg.C) higher than the 
    maximum rating's steady-state operating limit, excluding maximum values 
    of rpm and gas temperature associated with the 30-second OEI and 2-
    minute OEI ratings. Following this run, the turbine assembly must be 
    within serviceable limits.
        (b) Each engine for which 30-second OEI and 2-minute OEI ratings 
    are desired, that does not incorporate a means to limit temperature, 
    must be run for a period of 5 minutes at the maximum power-on rpm with 
    the gas temperature at least 75  deg.F (42  deg.C) higher than the 30-
    second OEI rating operating limit. Following this run, the turbine 
    assembly may exhibit distress beyond the limits for an overtemperature 
    condition provided the engine is shown by analysis or test, as found 
    necessary by the Administrator, to maintain the integrity of the 
    turbine assembly.
        (c) Each engine for which 30-second OEI and 2-minute OEI ratings 
    are desired, that incorporates a means to limit temperature, must be 
    run for a period of 4 minutes at the maximum power-on rpm with the gas 
    temperature at least 35  deg.F (20  deg.C) higher than the maximum 
    operating limit. Following this run, the turbine assembly may exhibit 
    distress beyond the limits for an overtemperature condition provided 
    the engine is shown by analysis or test, as found necessary by the 
    Administrator, to maintain the integrity of the turbine assembly.
        (d) A separate test vehicle may be used for each test condition.
        10. Section 33.93 is revised to read as follows:
    
    
    Sec. 33.93  Teardown inspection.
    
        (a) After completing the endurance testing of Sec. 33.87 (b), (c), 
    (d), (e), or (g) of this part, each engine must be completely 
    disassembled, and
        (1) Each component having an adjustment setting and a functioning 
    characteristic that can be established independent of installation on 
    the engine must retain each setting and functioning characteristic 
    within the limits that were established and recorded at the beginning 
    of the test; and
        (2) Each engine part must conform to the type design and be 
    eligible for incorporation into an engine for continued operation, in 
    accordance with information submitted in compliance with Sec. 33.4.
        (b) After completing the endurance testing of Sec. 33.87(f), each 
    engine must be completely disassembled, and
        (1) Each component having an adjustment setting and a functioning 
    characteristic that can be established independent of installation on 
    the engine must retain each setting and functioning characteristic 
    within the limits that were established and recorded at the beginning 
    of the test; and
        (2) Each engine may exhibit deterioration in excess of that 
    permitted in paragraph (a)(2) of this section including some engine 
    parts or components that may be unsuitable for further use. The 
    applicant must show by analysis and/or test, as found necessary by the 
    Administrator, that structural integrity of the engine including 
    mounts, cases, bearing supports, shafts, and rotors, is maintained; or
        (c) In lieu of compliance with paragraph (b) of this section, each 
    engine for which the 30-second OEI and 2-minute OEI ratings are 
    desired, may be subjected to the endurance testing of Secs. 33.87 (b), 
    (c), (d), or (e) of this part, and followed by the testing of 
    Sec. 33.87(f) without intervening disassembly and inspection. However, 
    the engine must comply with paragraph (a) of this section after 
    completing the endurance testing of Sec. 33.87(f).
    
        Issued in Washington, DC, on May 30, 1996.
    David R. Hinson,
    Administrator.
    [FR Doc. 96-14083 Filed 6-18-96; 8:45 am]
    BILLING CODE 4910-13-M
    
    

Document Information

Published:
06/19/1996
Department:
Federal Aviation Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-14083
Dates:
August 19, 1996.
Pages:
31324-31329 (6 pages)
Docket Numbers:
Docket No. 26019, Amendment Nos. 1-46, 33-18
RINs:
2120-AD21: Airworthiness Standards: Aircraft Engines; Proposal for New One-Engine-Inoperative Ratings, Definitions, and Type Certification Standards
RIN Links:
https://www.federalregister.gov/regulations/2120-AD21/airworthiness-standards-aircraft-engines-proposal-for-new-one-engine-inoperative-ratings-definitions
PDF File:
96-14083.pdf
CFR: (9)
14 CFR 33.87(f)
14 CFR 1.1
14 CFR 33.7
14 CFR 33.29
14 CFR 33.67
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