99-25452. Special Conditions: Garlick Helicopters, Inc. Model GH205A helicopters; 14 CFR Part 21.27(c), aircraft engines installed in surplus Armed Forces aircraft  

  • [Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
    [Rules and Regulations]
    [Pages 52646-52649]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-25452]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Part 21
    
    [Docket No. SW-006; Special Condition No. 29-006-SC]
    
    
    Special Conditions: Garlick Helicopters, Inc. Model GH205A 
    helicopters; 14 CFR Part 21.27(c), aircraft engines installed in 
    surplus Armed Forces aircraft
    
    AGENCY: Federal Aviation Administration (FAA), DOT.
    
    ACTION: Final special condition; request for comments.
    
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    SUMMARY: This special condition is issued for Garlick Helicopters, Inc. 
    Model GH205A helicopters. This model helicopter will have a novel or 
    unusual design feature(s) associated with the aircraft engines 
    installed in surplus Armed Forces aircraft. The applicable 
    airworthiness regulations do not contain adequate or appropriate safety 
    standards for this design feature. This special condition contains the 
    additional safety standards that the Administrator considers necessary 
    to establish a level of safety equivalent to that established by the 
    existing airworthiness standards.
    
    DATES: The effective date of this special condition is September 22, 
    1999. Comments must be received on or before November 29, 1999.
    
    ADDRESSES: Comments on this special condition may be mailed in 
    duplicate to: Federal Aviation Administration, Office of Regional 
    Counsel, Attention: Rules Docket No. SW-006, 2601 Meacham Blvd., Fort 
    Worth, Texas, 76137; or delivered in duplicate to the Office of the 
    Regional Counsel at the above address. Comments must be marked: Docket 
    No. SW-006. Comments may be inspected in the Rules Docket weekdays, 
    except Federal holidays, between 7:30 a.m. and 4:00 p.m.
    
    FOR FURTHER INFORMATION CONTACT: Richard Monschke, Aerospace Engineer, 
    FAA, Rotorcraft Directorate, Aircraft Certification Service, Fort 
    Worth, Texas, 76193-0110, telephone (817) 222-5116, fax (817) 222-5961.
    
    SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
    opportunity for prior public comment hereon are impracticable because 
    these procedures would significantly delay issuance of the approval 
    design and thus delivery of the affected helicopter. In addition, the 
    substance of this special condition has been subject to the public 
    comment process in a prior instance. The FAA therefore finds that good 
    cause exists for making this special condition effective upon issuance.
    
    Comments Invited
    
        Even though comments have been received on this engine special 
    condition, interested persons are invited to submit such additional 
    written data, views, or arguments as they may desire. Communications 
    should identify the regulatory docket and be submitted in duplicate to 
    the address specified above. All communications received on or before 
    the closing date for comments will be considered by the FAA. This 
    special condition may be changed in light of the comments received. All 
    comments received will be available in the Rules Docket for examination 
    by interested persons, both before and after the closing date for 
    comments. A report summarizing each substantive public contact with FAA 
    personnel concerning this rulemaking will be filed in the docket. 
    Commenters wishing the FAA to acknowledge receipt of their comments 
    submitted in response to this special condition must include a self-
    addressed, stamped postcard on which the following statement is made: 
    ``Comments to Docket No. SW-006.'' The postcard will be date stamped 
    and returned to the commenter.
    
    Background
    
        On December 9, 1993, Garlick Helicopters, Inc. applied for a 
    transport category type certificate for their Model GH205A helicopters 
    that contain military surplus T53-L-13 engines. The
    
    [[Page 52647]]
    
    Model GH205A helicopters are former U.S. Army Model UH-1H or UH-1V 
    helicopters.
        For engines sold to the civilian aviation industry as surplus, the 
    Department of Defense, the initial source of Garlick Helicopters, 
    Inc's. surplus military helicopter engines, makes no representation as 
    to the compliance of its military engines with FAA airworthiness 
    regulations. Once the engines enter military service, they are no 
    longer subject to FAA operating limitations, surveillance, and quality 
    assurance programs and, therefore, may not meet FAA standards or 
    airworthiness requirements when released as surplus. Certain engine 
    components may have exceeded the life limit or shelf life of the civil 
    counterpart, may not have been produced under a FAA-approved quality 
    system, or may lack documentation, operating records, or maintenance 
    records.
        Therefore, the FAA finds that the engine approval basis alone does 
    not contain adequate or appropriate safety standards for engines 
    installed in surplus military aircraft. 14 CFR Sec. 21.27(e) permits 
    the FAA to require an applicant to comply with special conditions or 
    other airworthiness requirements necessary to ensure an adequate level 
    of airworthiness of a 14 CFR 21.27 type design. Special conditions are 
    airworthiness safety standards promulgated in accordance with 
    Sec. 11.28 and 21.16, which include public participation, and 
    establishes a level of safety equivalent to that contained in the 
    regulations.
    
    General Discussion of Public Comments
    
        On July 2, 1997, the FAA published in the Federal Register (62 FR 
    35872) a notice of proposed type certification basis. In that notice, 
    the FAA requested public comments on this special condition. The FAA 
    has carefully reviewed and considered all comments in the development 
    of the type certification basis and the regulatory standards contained 
    therein for Model GH205A helicopters. Comments relating to the special 
    condition in that notice for the engine are addressed in this document. 
    Because of the volume of comments, comments of a similar nature are 
    answered as a group.
    
    Discussion of Comments
    
        Several commenters state that the military surplus Allied Signal 
    (formerly Lycoming) T53-L-13 engines slated for use in the Model GH205A 
    helicopters are unsuitable for civil use. The methodology by which the 
    military tracks life-limited components differs from that required for 
    the T5313B civil engine counterpart; the U.S. Army procured certain 
    critical engine spare parts from non-FAA approved vendors (defined as 
    breakout parts); insufficient maintenance history is available for 
    surplused engines; certain engine fuel system components do not meet 
    FAA airworthiness requirements; service history for early versions of 
    the T53-L-13 is not satisfactory; and military spare parts could co-
    mingle with the civil inventory and become indistinguishable.
        The FAA agrees that blanket approval of all surplus engines 
    installed on military Model UH-1H and UH-1V helicopters is not 
    appropriate. However, the FAA has determined that equivalent 
    airworthiness standards required under FAR 21.27(c) can be 
    demonstrated. For this type certification basis, the engine approval 
    basis for the T53-L-13 engine includes not only the airworthiness rules 
    in existence at the time the engine was qualified for military service, 
    but also includes certain requirements imposed by later 14 CFR Part 33 
    amendments. Each engine proposed for use on the Model GH205A must be 
    presented for FAA approval with the proper historical record 
    documenting service usage, maintenance history, and complete status and 
    assessment of all life-limited parts. Further, each of these engines 
    must undergo a teardown and inspection per FAA-approved procedures to 
    identify and remove all ``breakout'' and suspect parts; be reworked, as 
    required, into an FAA-approved configuration; be overhauled to a 
    baseline specification; and be re-identified to reflect its approval 
    for civil use. This process will include compliance with all relevant 
    FAA Airworthiness Directives and military equivalent technical orders.
        One commenter endorses the proposed special condition set forth for 
    engine approval. The commenter states that strict adherence to the 
    proposed engine certification basis and special conditions will enhance 
    the airworthiness of the engines installed on Model GH205A helicopters. 
    In addition, the commenter recommends that all FAA approval involving 
    engine part lives and other changes to the type design should be 
    processed by the Aircraft Certification Office (ACO) responsible for 
    the military T53-L-13 engine civil counterpart.
        The FAA agrees that the airworthiness approval of the T53-L-13 
    engine for the Model GH205A helicopter is an engine certification, and 
    will be administered by the accountable ACO with support from various 
    FAA offices.
        Two commenters state that the military T53-L-13 engine should 
    comply with the requirements of 14 CFR 33.17, Amendment 6, Fire 
    Prevention, which addresses fire resistant external lines. Unlike its 
    civil counterpart, the military T53 series engines do not incorporate 
    fire shielding on lines that contain or convey flammable fluid.
        The FAA agrees that the engine for Model GH205A helicopters must 
    comply with the fire prevention requirements, that is, the external 
    lines which convey flammable fluids must be at least fire resistant; 
    and that the possibility of fire hazard of flammable fluid carrying 
    lines must be minimized by appropriate shielding. Section 13.202 of CAR 
    13 at Amendments 13-1 through 13-3, the type certificate basis for the 
    Model GH205A engine, prescribes the above fire prevention requirements 
    with which the applicant must comply.
    
    Type Certification Basis
    
        Under the provisions of 14 CFR 21.17, Garlick Helicopters, Inc. 
    must show that each T53-L-13 surplus Armed Forces helicopter engine 
    installed in the Model GH205A helicopter meets the applicable 
    provisions of Sec. 21.27(c), as amended by Amendment 21-59 in effect on 
    March 9, 1987.
        Specifically, in accordance with Sec. 21.27(c), the Model GH205A 
    helicopter engine approval basis is as follows:
         Part 13 of the Civil Air Regulations (CAR), effective 
    August 12, 1957, as amended by Amendment 13-1;
         Part 13 of the CAR, effective May 17, 1958, as amended by 
    Amendment 13-2;
         Part 13 of the CAR, effective October 1, 1959, as amended 
    by Amendment 13-3;
         Part 33 of the Federal Aviation Regulations (FAR) as noted 
    below:
         Sec. 33.4 of the FAR, effective October 14, 1980, as 
    amended by Amendment 33-9;
         Sec. 33.14 of the FAR, effective March 26, 1984, as 
    amended by Amendment 33-10; and
         Any special conditions required by the Administrator.
        If the Administrator finds that the applicable airworthiness 
    regulations of 14 CFR 21.27 do not contain adequate or appropriate 
    safety standards for the Model GH205A helicopter engines because of a 
    novel or unusual design feature, special conditions are prescribed 
    under the provisions of Secs. 21.16 and 21.27(e).
        In addition to the applicable airworthiness regulations and special 
    conditions, the Model GH205A helicopter must comply with the noise
    
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    certification requirements of 14 CFR part 36; and the FAA must issue a 
    finding of regulatory adequacy pursuant to Sec. 611 of Public Law 92-
    574, the ``Noise Control Act of 1972.''
        Special conditions, as appropriate, are issued in accordance with 
    Sec. 11.49, as required by Secs. 11.28 and 11.29(b), and become part of 
    the type certification basis in accordance with Sec. 21.17.
        Special conditions are initially applicable to the model for which 
    they are issued. Should the type certificate for that model be amended 
    later to include any other model that incorporates the same novel or 
    unusual design feature, the special conditions would also apply to the 
    other model under the provisions of Sec. 21.101(a)(1).
    
    Novel or Unusual Design Features
    
        Model GH205A helicopters will incorporate the following novel or 
    unusual design features: a surplus Armed Forces helicopter engine 
    installed in a transport category rotorcraft. 14 CFR 21.27(c) requires 
    that the engines installed in surplus Armed Forces aircraft for which a 
    type certificate is sought under this section must provide 
    substantially the same level of airworthiness as would be provided if 
    the engine were type certificated under Part 33 of the Federal Aviation 
    Regulations. To provide the required level of airworthiness, in 
    addition to the Model GH205A helicopter engine approval basis, the 
    following areas require a special condition in order to provide 
    substantially the same level of airworthiness as would be provided if 
    the engines were type certificated under Part 33 in accordance with 14 
    CFR 21.27(c):
         Engine and maintenance records
         Military unique and breakout hardware
         Conformity
         Life limited engine parts
         Continued Airworthiness
         Identification marking
         Airworthiness Directives (AD's)
         Overhaul
    
    Applicability
    
        As discussed above, this special condition is applicable to Model 
    GH205A helicopters. Should Garlick Helicopters, Inc. apply at a later 
    date for a change to the type certificate to include another model 
    incorporating the same novel or unusual design feature, the special 
    conditions would apply to that model as well under the provisions of 
    Sec. 21.101(a)(1).
    
    Conclusion
    
        This action affects only certain novel or unusual design features 
    on one model of helicopter. It is not a rule of general applicability 
    and affects only the applicant who applied to the FAA for approval of 
    these features on the helicopter.
        Under standard practice, the effective date of final special 
    conditions would be 30 days after the date of publication in the 
    Federal Register; however, as the certification date for the Garlick 
    Helicopters, Inc. Model GH205A helicopter is imminent and the substance 
    of these special conditions has been subjected to a comment period in a 
    prior instance, the FAA finds that good cause exists to make this 
    special condition effective upon issuance. The FAA is requesting 
    comments to allow interested persons to submit views that may not have 
    been submitted in response to the prior opportunities for comment.
    
    List of Subjects in 14 CFR Part 21
    
        Aircraft, Air transportation, Aviation safety, Rotorcraft, Safety.
    
        The authority citation for these special conditions is as follows: 
    42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 44701-44702, 44709, 
    44711, 44713, 44715, 45303.
    
    The Special Conditions
    
        Accordingly, pursuant to the authority delegated to me by the 
    Administrator, in addition to the Model GH205A helicopter engine 
    approval basis, the following special condition is issued as part of 
    the type certification basis for the Garlick Helicopters, Inc. Model 
    GH205A helicopter.
    1. Engine and Maintenance Records
        The following data is required:
        (a) Records establishing that the engine, components, and parts 
    that have been installed since original manufacture were produced under 
    an FAA-approved production and inspection system.
        (b) Complete historical records maintained by the military, the 
    manufacturer, and any other prior owner(s) pertaining to inspection, 
    modification, repair, alteration, maintenance, and operation of the 
    engine from the time of acceptance by the military.
        (c) A report that the engine has an equivalent level of 
    airworthiness substantiated by the engine approval basis described 
    previously. The report will be required to address the provisions of 
    CAR 13 and applicable part 33 sections on a paragraph-by-paragraph 
    basis.
    2. Military Unique and Breakout Hardware
        Military unique and breakout parts are engine parts for which the 
    military utilized the manufacturer's design drawings and 
    specifications, but the parts were produced specifically for the 
    military by non FAA-approved manufacturers. All military unique and 
    breakout parts must be replaced with parts made by FAA production 
    approval holders.
    3. Conformity
        The applicant must substantiate that the engine conforms to the 
    FAA-approved type design of its civil counterpart. The manufacturing 
    records must include any deviation from the FAA-approved type design 
    and quality control system that was in existence at the time of 
    manufacture. With regard to maintenance, the applicant must establish 
    that any alterations, modifications, or repairs were accomplished in 
    compliance with FAA-approved data by maintenance facilities 
    certificated by the FAA. When this cannot be established, the 
    alterations or repairs must be appropriately substantiated in 
    accordance with the applicable regulations and approved by the FAA, or 
    the altered or repaired hardware must be removed. The operating records 
    must show whether the engine was utilized outside of the operating 
    envelope specified for the civil version engine including speed, 
    temperature, torque, engine mount load, and other engine limits. In 
    addition, the operational history records must show whether the engine 
    has been subjected to other extreme operating conditions such as 
    accidents, fire, or missile drone target shooting.
    4. Life-limited Engine Parts
        The military mission cycle, with or without the same type design, 
    generally differs from civil aircraft mission cycles. As such, the life 
    cycle limits for engine rotating parts (such as disks, spacers, hubs, 
    and shafts of the compressors and turbines) and life-limited stationary 
    engine components may not be directly transferable between military and 
    civil engines having the same hardware. To perform an accurate cycle 
    adjustment on a military life-limited engine part, there must be a 
    record of operating hours, operating history, and mission profile. 
    Unlike civil missions, many military operations subject engine hardware 
    to a wide variance in strain range, thus subjecting these components to 
    multiple partial cycles for each flight hour. The applicant must have a 
    FAA-approved process for screening military engine
    
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    operating and maintenance records to insure their accuracy.
        For engines lacking complete, accurate time-in-service (TIS) and 
    operating records, the time remaining on life-limited parts is 
    considered unknown, therefore, such parts are considered unairworthy 
    and must be removed from service. For those engines having accurate TIS 
    and service history records, the applicant must develop a conversion 
    factor(s) to convert TIS of past engine usage in military service to 
    the equivalent civil engine cycles which includes cumulative partial 
    cycles. The procedure for such conversions must be submitted to and 
    approved by the FAA. The applicant must use the published life limit in 
    civil engine manuals for all life-limited engine hardware to establish 
    the remaining cycles. If applicable, the applicant must also develop 
    procedures approved by the FAA to account for anticipated additional 
    life to be consumed from other aircraft operating modes, such as 
    external load and repetitive heavy lift operations, that are not 
    considered in the published life in the civil engine manuals.
    5. Continued Airworthiness
        The applicant will be required to provide Instructions for 
    Continued Airworthiness in accordance with 14 CFR 33.4. The type 
    certificate holder must report failures, malfunctions, and defects; 
    support required design changes; and maintain records concerning the 
    continued airworthiness of the engines in accordance with 14 CFR Parts 
    21, 33, and 43.
    6. Identification Marking
        The existing military identification marking (data plate) shall 
    remain attached to the engine. A supplemental data plate, in compliance 
    with the requirements of part 45, will be used to further identify the 
    engine.
    7. Airworthiness Directives (AD's)
        The type certificate holder must comply with all FAA AD's 
    pertaining to the equivalent civil engine and with certain military 
    Time Compliance Technical Orders (i.e., the military equivalent to 
    AD's) that are approved by the FAA for the engine.
    8. Overhaul
        The engine must be newly overhauled, in accordance with the current 
    civil engine model overhaul manual(s), by a maintenance facility 
    certificated by the FAA to perform such overhauls.
    
        Issued in Fort Worth, Texas on September 22, 1999.
    Henry A. Armstrong,
    Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 99-25452 Filed 9-29-99; 8:45 am]
    BILLING CODE 4910-13-U
    
    
    

Document Information

Effective Date:
9/22/1999
Published:
09/30/1999
Department:
Federal Aviation Administration
Entry Type:
Rule
Action:
Final special condition; request for comments.
Document Number:
99-25452
Dates:
The effective date of this special condition is September 22, 1999. Comments must be received on or before November 29, 1999.
Pages:
52646-52649 (4 pages)
Docket Numbers:
Docket No. SW-006, Special Condition No. 29-006-SC
PDF File:
99-25452.pdf
CFR: (3)
14 CFR 21.101(a)(1)
14 CFR 11.28
14 CFR 11.49