Anonymous

14 CFR 29 defines the standard for manufacturers to achieve certification. 14 CFR 29 was not intended to convey to operators how they were to operate the aircraft. However, since the FAA has not written pragmatic helicopter-specific performance rules in 14 CFR Parts 91 or 135, this has unfortunately led to the misinterpretation of certification rules as operational rules. The 14 CFR 135 ARC Rotorcraft Working Group proposed in 2005 a comprehensive update to the operational requirements. Industry and manufacturers have awaited these meaningful and productive changes. This directed change is considered contrary to the proposed output of the ARC group, expectations of manufacturers and operators, and further entrenches the misapplication of certification rules as operational constraints for which the group was commissioned to address. The FAA is requested to reconcile this directed change with the absence of rotorcraft operational rules governing Category A and B operations, the four year delay in submitting the ARC output for public comment (as announced by the FAA at the 2008 HAI conference), and the interpretation and applicability of 14 CFR 29.1 as an operational requirement. The FAA is also requested to confirm that this change is not intended to restrict the use of Operational Specifications with these flight manual changes. Specifically, the FAA is requested to assure that existing Operational Specifications developed and tailored for individual operators, such as H100, shall remain unaffected. The FAA is also requested to coordinate the interpretation and application of 14 CFR 29.1 to ensure the continued harmonized position with foreign Civil Aviation Authorities with whom existing aircraft are certified and Type Design validated. The FAA is also requested to confirm that the directed change is not intended to compel operators of foreign registered aircraft to modify their operations per their national operational requirements.