Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 75423 

2A national bank may replace tier 2 capital 

instruments concurrent with the redemption of 

existing tier 2 capital instruments. 

subordinated debt. A national bank may 

not include subordinated debt as tier 2 

capital unless the national bank has 

filed the notice with the OCC and 

received notification from the OCC that 

the subordinated debt issued by the 

national bank qualifies as tier 2 capital. 

(2) Prepayment of subordinated 

debt—(i) Subordinated debt not 

included in tier 2 capital—(A) Eligible 

bank. An eligible bank is required to 

receive prior approval from the OCC to 

prepay any subordinated debt that is not 

included in tier 2 capital (including 

acceleration, repurchase, redemption 

prior to maturity, and exercising a call 

option), in accordance with paragraph 

(g)(1)(ii) of this section, only if: 

(1) The national bank will not be an 

eligible bank after the transaction; 

(2) The OCC has previously notified 

the national bank that prior approval is 

required; 

(3) Prior approval is required by law; 

or 

(4) The amount of the proposed 

prepayment is equal to or greater than 

one percent of the national bank’s total 

capital, as defined in 12 CFR 3.2. 

(B) National bank not an eligible 

bank. A national bank that is not an 

eligible bank must receive prior OCC 

approval to prepay any subordinated 

debt that is not included in tier 2 capital 

(including acceleration, repurchase, 

redemption prior to maturity, and 

exercising a call option), in accordance 

with paragraph (g)(1)(ii) of this section. 

(ii) Subordinated debt included in tier 

2 capital—(A) General. Notwithstanding 

paragraph (f)(2)(i)(B) of this section, all 

national banks must receive prior OCC 

approval to prepay subordinated debt 

included in tier 2 capital, in accordance 

with paragraph (g)(1)(ii)(A) of this 

section. 

(B) Call option. Notwithstanding this 

paragraph (f)(2)(ii)(A) of this section, a 

national bank must receive prior OCC 

approval to prepay subordinated debt 

included in tier 2 capital, in accordance 

with paragraph (g)(2)(ii)(B) of this 

section, when the prepayment is a result 

of exercising a call option. 

(g) Prior approval procedure—(1) 

Application—(i) Issuance of 

subordinated debt. A national bank 

required to obtain OCC approval before 

issuing subordinated debt shall submit 

an application to the appropriate OCC 

licensing office. The application must 

include: 

(A) A description of the terms and 

amount of the proposed issuance; 

(B) A statement of whether the 

national bank is subject to a capital plan 

or required to file a capital plan with the 

OCC and, if so, how the proposed 

change conforms to the capital plan; 

(C) A copy of the proposed 

subordinated note format and note 

agreement; and 

(D) A statement that the subordinated 

debt issue complies with all applicable 

laws and regulations. 

(ii) Prepayment of subordinated 

debt—(A) General. A national bank 

required to obtain OCC approval before 

prepaying subordinated debt, pursuant 

to paragraph (f)(2) of this section, shall 

submit an application to the appropriate 

OCC licensing office. The application 

must include: 

(1) A description of the terms and 

amount of the proposed prepayment; 

(2) A statement of whether the 

national bank is subject to a capital plan 

or required to file a capital plan with the 

OCC and, if so, how the proposed 

change conforms to the capital plan; and 

(3) A copy of the subordinated debt 

instrument the national bank is 

proposing to prepay. 

(B) Call option. (1) Before prepaying 

subordinated debt if the prepayment is 

in the form of a call option, a national 

bank is required to obtain OCC 

approval, pursuant to paragraph 

(g)(2)(ii) of this section, by submitting 

an application to the appropriate OCC 

licensing office. 

(2) In addition to the information 

required in this paragraph (g)(1)(ii)(A) of 

this section, the application must 

include: 

(i) A statement explaining why the 

national bank believes that following 

the proposed prepayment the national 

bank would continue to hold an amount 

of capital commensurate with its risk; or 

(ii) A description of the replacement 

capital instrument that meets the 

criteria for tier 1 or tier 2 capital under 

12 CFR 3.20, including the amount of 

such instrument, and the time frame for 

issuance. 

(iii) Additional information. The OCC 

reserves the right to request additional 

relevant information, as appropriate. 

(2) Approval—(i) General. The 

application is deemed approved by the 

OCC as of the 30th day after the filing 

is received by the OCC, unless the OCC 

notifies the national bank prior to that 

date that the filing presents a significant 

supervisory, or compliance concern, or 

raises a significant legal or policy issue. 

(ii) Call option. Notwithstanding this 

paragraph (g)(2)(i) of this section, if the 

application for prior approval is for 

prepayment in the form of a call option, 

the national bank must receive 

affirmative approval from the OCC to 

exercise the call option. If the OCC 

requires the national bank to replace the 

subordinated debt, the national bank 

must receive affirmative approval that 

the replacement capital instrument 

meets the criteria for tier 1 or tier 2 

capital under 12 CFR 3.20 and must 

issue the replacement instrument prior 

to exercising the call option, or 

immediately thereafter.2

(iii) Tier 2 capital. Following 

notification to the OCC pursuant to 

paragraph (f)(1)(ii) of this section that 

the national bank has issued the 

subordinated debt, the OCC will notify 

the national bank whether the 

subordinated debt qualifies as tier 2 

capital. 

(iv) Expiration of approval. Approval 

expires if a national bank does not 

complete the sale of the subordinated 

debt within one year of approval. 

(h) Notice procedure for inclusion in 

tier 2 capital. (1) All national banks 

shall notify the appropriate OCC 

licensing office in writing within ten 

days after issuing subordinated debt that 

it intends to include as tier 2 capital. A 

national bank may not include such 

subordinated debt in tier 2 capital 

unless the national bank has received 

notification from the OCC that the 

subordinated debt qualifies as tier 2 

capital. 

(2) The notice must include: 

(i) The terms of the issuance; 

(ii) The amount and date of receipt of 

funds; 

(iii) A copy of the final subordinated 

note format and note agreement; and 

(iv) A statement that the issuance 

complies with all applicable laws and 

regulations. 

(i) Exceptions to rules of general 

applicability. Sections 5.8, 5.10, and 

5.11 do not apply to transactions 

governed by this section. 

Dated: December 10, 2014. 

Thomas J. Curry, 

Comptroller of the Currency. 

[FR Doc. 2014–29615 Filed 12–17–14; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 29 

[Docket No.FAA–2011–1026; Special 

Conditions No. 29–036–SC] 

Special Conditions: Sikorsky Aircraft 

Corporation (Sikorsky) Model S–76D 

Helicopter, Search and Rescue (SAR) 

Automatic Flight Control System 

(AFCS) Installation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 


tkelley on DSK3SPTVN1PROD with RULES
75424 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Sikorsky Model S–76D 

helicopter. This model of helicopter, as 

modified by Sikorsky, will have novel 

or unusual design features associated 

with installing an optional SAR AFCS. 

The applicable airworthiness standards 

do not contain adequate or appropriate 

safety standards for this design feature. 

These special conditions contain the 

additional safety standards the 

Administrator considers necessary to 

show a level of safety equivalent to that 

established by the existing 

airworthiness standards. 

DATES: This action is effective on 

Sikorsky Aircraft Corporation Model 

S–76D on December 9, 2014. 

We must receive your comments by 

February 17, 2015. 

ADDRESSES: Send comments identified 

by docket number FAA–2014–1026 

using any of the following methods: 

D Federal eRegulations Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

D 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. 

D Hand Delivery of Courier: Deliver 

comments to the ‘‘Mail’’ address 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

D Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://regulations.gov, including any 

personal information the commenter 

provides. Using the search function of 

the docket Web site, anyone can find 

and read the electronic form of all 

comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: You can read the background 

documents or comments received at 

http://www.regulations.gov. Follow the 

online instructions for accessing the 

docket or go to the Docket Operations in 

Room @12–140 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: 

Mitchell Soth, FAA, Rotorcraft 

Directorate, Regulations and Policy 

Group, ASW–111, Rotorcraft 

Directorate, Aircraft Certification 

Service, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; telephone (817) 

222–5104; email mitch.soth@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Reason for No Prior Notice and 

Comment Before Adoption 

The substance of these special 

conditions has been subjected to the 

notice and comment period previously 

and has been derived without 

substantive change from those 

previously issued. It is unlikely that 

prior public comment would result in a 

significant change from the substance 

contained herein. Further, a delay in the 

effective date of these special conditions 

would significantly delay issuance of 

the design approval and thus delivery of 

the helicopter, which is imminent. 

Therefore, the FAA has determined that 

prior public notice and comment are 

unnecessary, impracticable, and 

contrary to the public interest, and finds 

good cause exists for adopting these 

special conditions 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. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring additional expense or 

delay. We may change these special 

conditions based on the comments we 

receive. 

Background and Discussion 

On January 13, 2014, Sikorsky 

Aircraft Corporation applied for a 

change to Type Certificate (TC) No. 

H1NE to install an optional SAR AFCS 

in the Model S–76D helicopter. The 

S–76D is a transport category helicopter 

certificated to Category A and Category 

B requirements, and instrument flight 

certificated under the requirements of 

Appendix B to 14 CFR part 29, 

Amendment 29–52. 

There is a need to use dedicated 

AFCS upper modes, in which a fully 

coupled autopilot provides operational 

SAR profiles, for SAR operations 

conducted over water in offshore areas 

clear of obstructions. The SAR modes 

enable the helicopter pilot to fly fully 

coupled maneuvers, to include 

predefined search patterns during cruise 

flight, and to transition from cruise 

flight to a stabilized hover and 

departure (transition from hover to 

cruise flight). The SAR AFCS also 

includes an auxiliary crew control that 

allows another crewmember (such as a 

hoist operator) to have limited authority 

to control the helicopter’s longitudinal 

and lateral position during hover 

operations. 

Flight operations conducted over 

water at night may have an extremely 

limited visual horizon with little visual 

reference to the surface even when 

conducted under Visual Meteorological 

Conditions. Consequently, the 

certification requirements for SAR 

modes are considered equivalent to 

operating under Instrument 

Meteorological Conditions, and 

therefore must meet the criteria in 

Appendix B to 14 CFR part 29. While 

this Appendix prescribes airworthiness 

criteria for instrument flight, it does not 

consider operations below instrument 

flight minimum speed (VMINI), whereas 

the SAR modes allow for coupled 

operations at low speed, all-azimuth 

flight to zero airspeed (hover). 

Since SAR operations have 

traditionally been a public use mission, 

the use of SAR modes in civil 

operations requires special 

airworthiness standards (special 

conditions) to maintain a level of safety 

consistent with Category B and 

Instrument Flight Rule (IFR) 

certification. In this regard, 14 CFR part 

29 lacks adequate airworthiness 

standards for AFCS SAR mode 

certification to include flight 

characteristics, performance, and 

installed equipment and systems. These 

special conditions do not require 

guaranteed departure from a hover 

following an engine failure. Therefore, 

designs that apply these special 

conditions are prohibited from 

conducting external load operations 

requiring one engine inoperative hover 

capability. In addition, these special 

conditions do not address the 14 CFR 

29.865 requirements for the carriage of 

human external cargo. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Sikorsky must show that the 

S–76D model helicopter, as changed, 

continues to meet either the applicable 

provisions of the regulations 

incorporated by reference in TC No. 


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Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 75425 

H1NE or the applicable regulations in 

effect on the date of application for the 

change, depending on the significance 

of the change as defined by 14 CFR 

21.101. The regulations incorporated by 

reference in the TC are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in H1NE are 

as follows: 

(a) 14 CFR 29.391, 29.561(b)(c), 

29.625, 29.671, 29.785, 29.967, 29.973 at 

amendment 29–0. 

(b) 14 CFR 29.927 at 29–3. 

(c) 14 CFR 29.307 at amendment 

29–4 (all but main rotor and tail blades). 

(d) 14 CFR 29.787, 29.865 at 

amendment 29–12 (does not meet the 

29–43 requirements for Human External 

Cargo). 

(e) 14 CFR 29.908 at amendment 29– 

13. 

(f) 14 CFR 29.1309 at amendment 29– 

14 (all but new avionics, AFCS, and 

Electrical Power Generation and 

Distribution System). 

(g) 14 CFR 29.571 at amendment 29– 

20 (all but main and tail rotor blades 

only). 

(h) 14 CFR 29.1 at amendment 29–21. 

(i) 14 CFR 29.923(c)–(o), 29.963, 

29.975 at amendment 29–26. 

(j) 14 CFR 29.561(c) at amendment 

29–29 (for engine installation only). 

(k) 14 CFR 29.923(a)(b1)(b3) at 

amendment 29–34. 

(l) 14 CFR part 29 through 

Amendment 29–52 as follows: 29.2, 

29.21, 29.25, 29.27, 29.29, 29.31, 29.33, 

29.45, 29.49, 29.51, 29.53, 29.55, 29.59, 

29.60, 29.61, 29.62, 29.63, 29.64, 29.65, 

29.67, 29.71, 29.73, 29.75, 29.77, 29.79, 

29.81, 29.83, 29.85, 29.87, 29.141, 

29.143, 29.151, 29.161, 29.171, 29.173, 

29.175, 29.177, 29.181, 29.231, 29.235, 

29.239, 29.241, 29.251, 29.301, 29.303, 

29.305, 29.307 (main and tail rotor 

blades only), 29.309, 29.321, 29.337, 

29.339, 29.341, 29.351, 29.361, 29.395, 

29.397, 29.399, 29.401, 29.403, 49.411, 

29.413, 29.471, 29.473, 29.475, 29.477, 

29.479, 29.481, 29.483, 29.485, 29.493, 

29.547, 29.549, 29.551, 29.561(a)(d), 

29.563, 29.571 (main and tail rotor 

blades only), 29.601, 29.602, 29.603, 

29.605, 29.607, 29.609, 29.610, 29.611, 

29.613, 29.619, 29.621, 29.623, 29.629, 

29.653, 29.659, 29.661, 29.663, 29.672, 

29.673, 29.674, 29.675, 29.681, 29.683, 

29.685, 29.687, 29.691, 29.695, 29.723, 

29.725, 29.727, 29.729, 29.731, 29.733, 

29.735, 29.771, 29.773, 29.775, 29.777, 

29.779, 29.783, 29.801, 29.803, 29.805, 

29.807, 29.809, 29.811, 

29.812(a)(c)(d)(e)(f), 29.813(c)(2), 

29.831, 29.851, 29.853, 29.855, 29.861, 

29.863, 29.871, 29.873, 29.877, 29.901, 

29.903, 29.907, 29.917, 29.921, 29.931, 

29.939, 29.951, 29.953, 29.954, 29.955, 

29.959, 29.961, 29.965, 29.969, 29.971, 

29.977, 29.993, 29.995, 29.997, 29.999, 

29.1011, 29.1013, 29.1015, 29.1017, 

29.1019, 29.1021, 29.1023, 29.1027, 

29.1041, 29.1043, 29.1045, 29.1047, 

29.1049, 29.1091, 29.1093, 29.1103, 

29.1121, 29.1123, 29.1141, 29.1143, 

29.1145, 29.1151, 29.1163, 29.1165, 

29.1181, 29.1183, 29.1185, 29.1187, 

29.1189, 29.1191, 29.1193, 29.1194, 

29.1195, 29.1197, 29.1199, 29.1201, 

29.1203, 29.1301, 19.1303, 29.1305, 

29.1307, 29.1309 (new avionics, AFCS, 

and Electrical Power Generation and 

Distribution System only), 29.1317, 

29.1321, 29.1322, 29.1323, 29.1325, 

29.1327, 29.1329, 29.1331, 29.1333, 

29.1335, 29.1337, 29.1351, 29.1353, 

29.1355, 29.1357, 29.1359, 29.1363, 

29.1381, 29.1383, 29.1385, 29.1387, 

29.1389, 29.1391, 29.1393, 29.1395, 

29.1397, 29.1401. 29.1411, 29.1413, 

29.1415, 29.1431, 29.1435, 29.1457, 

29.1459, 29.1461, 29.1501, 29.1503, 

29.1505, 29.1509, 29.1517, 29.1519, 

29.1521, 29.1523, 29.1525, 29.1527, 

29.1529, 29.1541, 29.1543, 29.1545, 

29.1547, 29.1549, 29.1551, 29.1553, 

29.1555, 29.1557, 29.1559, 29.1561, 

29.1565, 29.1581, 29.1583, 29.1585, 

29.1587, 29.1589, A29.1, A29.2, A29.3, 

A29.4, B29.1, B29.2, B29.3, B29.4, 

B29.5, B29.6, B29.7, B29.8, B29.9, 

C29.1, E29.1. 

(m) 14 CFR part 29 Not Adopted: 

29.427, 29.497, 29.501, 29.505, 59.511, 

29.519, 29.521, 29.562, 29.631, 29.679, 

29.737, 29.751, 29.753, 29.755, 29.757, 

29.812(b), 29.815, 29.833, 29.859, 

29.935, 29.952, 29.957, 29.979, 29.991, 

29.1001, 29.1025, 29.1101, 29.1105, 

29.1107, 29.1109, 29.1125, 29.1142, 

29.1147, 29.1157, 29.1159, 29.1399, 

29.1419, 29.1433, 29.1439, 29.1522, 

D29.1. 

(m) 14 CFR part 36 through 

Amendment 36–28 as follows: 36.801, 

36.803, 36.805, H36.1–H36.305. 

(n) Special Conditions No. 29–004–SC 

(Docket No. SW004), dated June 17, 

1998. 

(o) Equivalent Level of Safety 

Findings: 

(1) Number TD1509BO–R–S–1 for 14 

CFR 29.1401(d) at amendment 29–11; 

Anticollision light system installed in 

accordance with Sikorsky Drawing 

33776–92603. 

(2) Number AT01847BO–R–P–1 for 14 

CFR 29.1305 at amendment 29–40 and 

14 CFR 29.1549 at amendment 29–34; 

Use of a Power Limit Indicator (PLI) as 

the primary means for indicating/setting 

power. 

(p) Ditching: If emergency floatation 

gear, P/N 33776–92709, is installed, 

then compliance has also been shown to 

Amendment 29–52 of 29.563, 29.801(b), 

(c), (d) and (e) and 29.807(b) and (d). For 

overwater operations, compliance with 

the operating rules and 29.1411, 

29.1415, and 26.1561 must be shown. 

Regulatory Basis for Special Conditions 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 29) do not contain 

adequate or appropriate safety standards 

for the Sikorsky Model S–76D because 

of a novel or unusual design feature, 

special conditions are prescribed under 

§ 21.16. 

The FAA issues special conditions, as 

defined in § 11.19, under § 11.38, and 

they become part of the type 

certification basis under § 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the TC for that model 

be amended later to include any other 

model that incorporates the same novel 

or unusual design feature, or should any 

other model already included on the 

same TC be modified to incorporate the 

same novel or unusual design feature, 

the special conditions would also apply 

to the other model. 

Novel or Unusual Design Features 

The Sikorsky Model S–76D will 

incorporate the following novel or 

unusual design features. 

The SAR system is composed of a 

navigation computer with SAR modes, 

an AFCS that provides coupled SAR 

functions, hoist operator control, a 

hover speed reference system, and two 

radio altimeters. The AFSC coupled 

SAR functions include: 

(a) Hover hold at selected height 

above the surface. 

(b) Ground speed hold. 

(c) Transition down and hover to a 

waypoint under guidance from the 

navigation computer. 

(d) SAR pattern, transition down, and 

hover near a target over which the 

helicopter has flown. 

(e) Transition up, climb, and capture 

a cruise height. 

(f) Capture and track SAR search 

patterns generated by the navigation 

computer. 

(g) Monitor the preselected hover 

height with automatic increase in 

collective if the aircraft height drops 

below the safe minimum height. 

These SAR modes are intended to be 

used over large bodies of water in areas 

clear of obstructions. Further, use of the 

modes that transition down from cruise 

to hover will include operation at 

airspeeds below VMINI. 

The SAR system only entails 

navigation, flight control, and coupled 

AFCS operation of the helicopter. The 

system does not include additional 

equipment that may be required for over 


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water flight or external loads to meet 

other operational requirements. 

Applicability 

These special conditions apply to the 

Sikorsky Model S–76D helicopter. 

Should Sikorsky 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 § 21.101(d). 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

(i.e., S–76D) of helicopter. It is not a rule 

of general applicability. 

List of Subjects in 14 CFR Part 29 

Aircraft, Aviation safety. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44704. 

The Special Conditions 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the type certification 

basis for Sikorsky Aircraft Corporation 

Model S–76D helicopters when the 

optional Search and Rescue (SAR) 

Automatic Flight Control System 

(AFCS) is installed. 

In addition to the 14 CFR part 29 

certification requirements for helicopter 

instrument flight (Appendix B), the 

following additional requirements must 

be met for certification of the SAR 

AFCS: 

(a) SAR Flight Modes. The coupled 

SAR flight modes must provide: 

(1) Safe and controlled flight in three 

axes (lateral and longitudinal position/ 

speed and height/vertical speed) at all 

airspeeds from instrument flight 

minimum speed (VMINI) to a hover 

within the maximum demonstrated 

wind envelope. 

(2) Automatic transition to the 

helicopter instrument flight (Appendix 

B) envelope as part of the normal SAR 

mode sequencing. 

(3) A pilot-selectable Go-Around 

mode that safely interrupts any other 

coupled mode and automatically 

transitions the helicopter to the 

instrument flight (Appendix B) 

envelope. 

(4) A means to prevent unintended 

flight below a safe minimum height. 

Pilot-commanded descent below the 

safe minimum height is acceptable 

provided the alerting requirements in 

paragraph (b)(7)(i) of these Special 

Conditions alert the pilot of this descent 

below safe minimum height. 

(b) SAR Mode System Architecture. 

To support the integrity of the SAR 

modes, the following system 

architecture is required: 

(1) A system for limiting the engine 

power demanded by the AFCS when 

any of the automatic piloting modes are 

engaged, so full authority digital engine 

control power limitations, such as 

torque and temperature, are not 

exceeded. 

(2) A system providing the aircraft 

height above the surface and final pilotselected height at a location on the 

instrument panel in a position 

acceptable to the FAA that will make it 

plainly visible to and usable by any 

pilot at their station. 

(3) A system providing the aircraft 

heading and the pilot-selected heading 

at a location on the instrument panel in 

a position acceptable to the FAA that 

will make it plainly visible to and 

usable by any pilot at their station. 

(4) A system providing the aircraft 

longitudinal and lateral ground speeds 

and the pilot-selected longitudinal and 

lateral ground speeds when used by the 

AFCS in the flight envelope where 

airspeed indications become unreliable. 

This information must be presented at a 

location on the instrument panel in a 

position acceptable to the FAA that is 

plainly visible to and usable by any 

pilot at their station. 

(5) A system providing wind speed 

and wind direction when automatic 

piloting modes are engaged or 

transitioning from one mode to another. 

(6) A system that monitors for flight 

guidance deviations and failures and 

contains an alerting function that 

provides the flight crew with enough 

information to take appropriate 

corrective action. 

(7) An alerting system that provides 

visual or aural alerts, or both, to the 

flight crew under any of the following 

conditions: 

(i) When the stored or pilot-selected 

safe minimum height is reached. 

(ii) When a SAR mode system 

malfunction occurs. 

(iii) When the AFCS changes modes 

automatically from one SAR mode to 

another. For normal transitions from 

one SAR mode to another, a single 

visual or aural alert may suffice. For a 

SAR mode malfunction or a mode 

having a time-critical component, the 

flight crew alerting system must activate 

early enough to allow the flight crew to 

take timely and appropriate action. The 

alerting system means must be designed 

to alert the flight crew in order to 

minimize crew errors that could create 

an additional hazard. 

(8) The SAR system hoist operator 

control is considered a flight control 

with limited authority and must comply 

with the following: 

(i) The hoist operator control must be 

designed and located to provide for 

convenient operation and to prevent 

confusion and inadvertent operation. 

(ii) The helicopter must be safely 

controllable by the hoist operator 

control throughout the range of that 

control. 

(iii) The hoist operator control may 

not interfere with the safe operation of 

the helicopter. 

(iv) Pilot and copilot flight controls 

must be able to smoothly override the 

limited control authority of the hoist 

operator control, without exceptional 

piloting skill, alertness, or strength, and 

without the danger of exceeding any 

other limitation because of the override. 

(9) The reliability of the AFCS must 

be related to the effects of its failure. 

The occurrence of any failure condition 

that would prevent continued safe flight 

and landing must be extremely 

improbable. For any failure condition of 

the AFCS which is not shown to be 

extremely improbable: 

(i) The helicopter must be safely 

controllable and capable of continued 

safe flight without exceptional piloting 

skill, alertness, or strength. Additional 

unrelated probable failures affecting the 

control system must be evaluated. 

(ii) The AFCS must be designed so 

that it cannot create a hazardous 

deviation in the flight path or produce 

hazardous loads on the helicopter 

during normal operation or in the event 

of a malfunction or failure, assuming 

corrective action begins within an 

appropriate period of time. Where 

multiple systems are installed, 

subsequent malfunction conditions 

must be evaluated in sequence unless 

their occurrence is shown to be 

improbable. 

(10) A functional hazard assessment 

and a system safety assessment must 

address the failure conditions associated 

with SAR operations. 

(i) For SAR catastrophic failure 

conditions, changes may be required to 

the following: 

(A) System architecture. 

(B) Software and complex electronic 

hardware design assurance levels. 

(C) High Intensity Radiated Field 

(HIRF) test levels. 

(D) Instructions for continued 

airworthiness. 

(ii) The assessments must consider all 

the systems required for SAR 

operations, including the AFCS, all 

associated AFCS sensors (for example, 

radio altimeter), and primary flight 

displays. Electrical and electronic 


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Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 75427 

systems with SAR catastrophic failure 

conditions (for example, AFCS) must 

comply with the § 29.1317(a)(4) HIRF 

requirements. 

(c) SAR Mode Performance 

Requirements. 

(1) The SAR modes must be 

demonstrated for the requested flight 

envelope, including the following 

minimum sea-state and wind 

conditions: 

(i) Sea State: Wave height of 2.5 

meters (8.2 feet), considering both short 

and long swells. This is in addition to 

the Sea State demonstrated in reference 

to the airframe’s ditching capability. 

(ii) Wind: 25 knots headwind, 17 

knots for all other azimuths. 

(2) The selected hover height and 

hover velocity must be captured 

(including the transition from one 

captured mode to another captured 

mode) accurately and smoothly and not 

exhibit any significant overshoot or 

oscillation. 

(3) The minimum use height (MUH) 

for the SAR modes must be no more 

than the maximum loss of height 

following any single failure or any 

combination of failures not shown to be 

extremely improbable, plus an 

additional margin of 15 feet above the 

surface. MUH is the minimum height at 

which any SAR AFCS mode may be 

engaged. 

(4) The SAR mode system must be 

usable up to the maximum certified 

gross weight of the aircraft or to the 

lower of the following weights: 

(i) Maximum emergency flotation 

weight. 

(ii) Maximum hover Out-of-Ground 

Effect (OGE) weight. 

(iii) Maximum demonstrated weight. 

(d) Flight Characteristics. 

(1) The basic aircraft must meet all of 

the 14 CFR part 29 airworthiness criteria 

for helicopter instrument flight 

(Appendix B). 

(2) For SAR mode coupled flight 

below VMINI, at the maximum 

demonstrated winds, the helicopter 

must be able to maintain any required 

flight condition and make a smooth 

transition from any flight condition to 

any other flight condition without 

requiring exceptional piloting skill, 

alertness, or strength, and without 

exceeding the limit load factor. This 

requirement also includes aircraft 

control through the hoist operator’s 

control. 

(3) For SAR modes at airspeeds below 

VMINI, the following requirements of 

Appendix B to part 29 must be met and 

will be used as an extension to the IFR 

certification envelope of the basic 

aircraft: 

(i) Static Longitudinal Stability: the 

requirements of paragraph IV of 

Appendix B are not applicable. 

(ii) Static Lateral-Directional Stability: 

The requirements of paragraph V of 

Appendix B are not applicable. 

(iii) Dynamic Stability: The 

requirements of paragraph VI of 

Appendix B are replaced with the 

following two paragraphs: 

(A) Any oscillation must be damped 

and any aperiodic response must not 

double in amplitude in less than 10 

seconds. This requirement must also be 

met with degraded upper modes of the 

AFCS. An ‘‘upper mode’’ is a mode that 

utilizes a fully coupled autopilot to 

provide an operational SAR profile. 

(B) After any upset, the AFCS must 

return the aircraft to the last 

commanded position within 10 seconds 

or less. 

(4) With any of the upper modes of 

the AFCS engaged, the pilot must be 

able to manually recover the aircraft and 

transition to the normal (Appendix B) 

IFR flight profile envelope without 

exceptional skill, alertness, or strength. 

(e) One-Engine Inoperative (OEI) 

Performance Information. 

The following performance 

information must be provided in the 

Rotorcraft Flight Manual Supplement 

(RFMS). OEI performance information 

and emergency procedures, providing 

the maximum weight that will provide 

a safe landing (or ditching) or the ability 

to fly away following failure of the 

critical engine in a hover. The 

maximum weight must be presented as 

a function of the hover height for the 

temperature and pressure altitude range 

requested for certification. The effects of 

wind must be reflected in the hover 

performance information. These OEI 

performance requirements do not 

replace performance requirements that 

may be needed to comply with the 

airworthiness or operational standards 

(§ 29.865 or 14 CFR part 133) for 

external loads or human external cargo. 

(f) RFMS. 

(1) The RFMS must contain, at a 

minimum: 

(i) Limitations necessary for safe 

operation of the SAR system, including: 

(A) Minimum crew requirements. No 

fewer than 2 pilots, except for approved 

external load operations that will also 

require a hoist operator. 

(B) Maximum SAR weight as 

determined by the lower of the SAR 

Mode performance requirement of 

paragraph (c)(4) of these Special 

Conditions or the aircraft performance 

information provided by paragraph (e) 

of these Special Conditions. 

(C) Maximum demonstrated sea state 

conditions for ditching compliance. 

(D) Engagement criteria for each of the 

SAR modes to include MUH, as 

determined in paragraph (c)(3) of these 

Special Conditions. 

(E) The prohibition of external load 

operations requiring OEI hover 

capability. 

(ii) Normal and emergency procedures 

for operation of the SAR system 

(including operation of the hoist 

operator control), with AFCS failure 

modes, AFCS degraded modes, and 

engine failures. 

(iii) Performance information: 

(A) OEI performance and height-loss. 

(B) Hover OGE performance 

information, utilizing OEI continuous 

and time-limited power ratings. 

(C) The maximum wind envelope 

demonstrated in flight test. 

(D) Information and/or advisory 

information concerning operations in a 

heavy salt spray environment, including 

any airframe or power effects as a result 

of salt encrustation. 

(g) Flight Demonstration. 

(1) Before approval of the SAR 

system, an acceptable flight 

demonstration of all the coupled SAR 

modes is required. 

(2) The AFCS must provide fail-safe 

operations during coupled maneuvers. 

The demonstration of fail-safe 

operations must include a pilot 

workload assessment associated with 

manually flying the aircraft to an 

altitude greater than 200 feet above the 

surface and an airspeed of at least the 

best rate of climb airspeed (Vy). 

(3) For any failure condition of the 

SAR system not shown to be extremely 

improbable, the pilot must be able to 

make a smooth transition from one 

flight mode to another without 

exceptional piloting skill, alertness, or 

strength. 

(4) Failure conditions that are not 

shown to be extremely improbable must 

be demonstrated by analysis, ground 

testing, or flight testing. For failures 

demonstrated in flight, the following 

normal pilot recovery times are 

acceptable: 

(i) Transition modes (Cruise-to-Hover/ 

Hover-to-Cruise) and Hover modes: 

Normal pilot recognition plus 1 second. 

(ii) Cruise modes: Normal pilot 

recognition plus 3 seconds. 

(5) All AFCS malfunctions must 

include evaluation at the low-speed and 

high-power flight conditions typical of 

SAR operations. Additionally, AFCS 

hard-over, slow-over, and oscillatory 

malfunctions, particularly in yaw, 

require evaluation. AFCS malfunction 

testing must include a single or a 

combination of failures (such as 

erroneous data from and loss of the 

radio altimeter, attitude, heading, and 


tkelley on DSK3SPTVN1PROD with RULES
75428 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 

altitude sensors) that are not shown to 

be extremely improbable. 

(6) The flight demonstration must 

include the following environmental 

conditions: 

(i) Swell into wind. 

(ii) Swell and wind from different 

directions. 

(iii) Cross swell. 

(iv) Swell of different lengths (short 

and long swell). 

(7) The flight demonstration must also 

evaluate OEI procedures from hover 

while hoisting an external load. 

Issued in Fort Worth, Texas, on December 

9, 2014. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–29594 Filed 12–17–14; 8:45 am] 

BILLING CODE 4910–13–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

18 CFR Part 806 

Review and Approval of Projects 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Final rule. 

SUMMARY: This document contains final 

rules that would amend the regulations 

of the Susquehanna River Basin 

Commission (Commission) to clarify the 

water uses involved in hydrocarbon 

development that are subject to the 

consumptive use regulations, as 

implemented by the Approval by Rule 

(ABR) program. 

DATES: Effective January 23, 2015. 

ADDRESSES: Susquehanna River Basin 

Commission, 4423 N. Front Street, 

Harrisburg, PA 17110–1788. 

FOR FURTHER INFORMATION CONTACT: 

Jason E. Oyler, Esq., Regulatory Counsel, 

telephone: 717–238–0423, ext. 1312; 

fax: 717–238–2436; email: joyler@

srbc.net. Also, for further information 

on the final rulemaking, visit the 

Commission’s Web site at www.srbc.net. 

SUPPLEMENTARY INFORMATION: 

Comments and Responses to Proposed 

Rulemaking 

Notice of proposed rulemaking was 

published in the Federal Register on 

September 26, 2014 (79 FR 57850); the 

New York Register on October 1, 2014; 

the Maryland Register on October 3, 

2014; and the Pennsylvania Bulletin on 

November 1, 2014. The Commission 

convened a public hearing on November 

6, 2014, in Harrisburg, Pennsylvania 

and a written comment period was held 

open through November 17, 2014. 

General Comments 

Comment: The Commission received 

comments supportive of the changes in 

the terms and definitions noted in the 

Rulemaking. The changes are reflective 

of the nature of the industry and are 

plainly straightforward. 

Response: The Commission 

appreciates the comments. 

Comment: One commenter asked that 

the rulemaking not be adopted because 

the proposed changes restrict 

Commission oversight. 

Response: The Commission disagrees 

and notes that the proposed regulations 

strengthen its program and clarify a 

greater scope of water uses by the 

hydrocarbon development industry 

subject to the Commission’s ABR 

program. 

Comment: The regulations should 

provide for an appeal by an impacted 

stakeholder before a permit is issued. 

Response: The ABR process provides 

for a comment period during which 

stakeholders may raise issues of concern 

regarding a project before an approval is 

issued. This public comment period is 

not changed by the rulemaking. No 

changes to the Commission’s rules 

related to hearings and administrative 

appeals were proposed and are beyond 

the scope of this rulemaking. Further, 

allowing an appeal of a Commission 

approval prior to the issuance of such 

an approval would run contrary to 

longstanding principles of 

administrative law. 

Comments by Section, Part 806 

Section 806.3—Definitions 

Comment: Revise the definition of 

‘‘construction’’ to include the pad sites, 

access roads, rights-of-way for pipelines 

and intake area clearings as such project 

activities affect the environment. 

Response: The Commission’s 

definition of construction is appropriate 

for regulation of the withdrawal and 

consumptive use of water and 

appropriate for the ABR program for the 

use of water by hydrocarbon 

development projects. The ABR 

program does not regulate all 

environmental impacts of hydrocarbon 

development, rather the environmental 

impacts to which the commenter refers 

are regulated by the appropriate member 

jurisdictions through various permitting 

programs, including erosion and 

sediment control and oil and gas 

management. The ABR Program 

supports the regulation of other aspects 

of hydrocarbon development projects by 

requiring in § 806.22(f)(7) that the 

project sponsor obtain all necessary 

permits or approvals required for the 

project from other federal, state or local 

government agencies. 

Comment: The term ‘‘drilling pad 

site’’ should be changed to ‘‘well pad 

site’’ because many of the activities that 

are regulated on the pad site go beyond 

just drilling. 

Response: The term ‘‘drilling pad 

site’’ is currently used in the 

Commission’s regulations, but was not 

defined. The term is used in several 

sections and subsections not subject to 

the proposed rulemaking. For this 

reason, the Commission declines to 

make this change in this final rule. 

However, the Commission believes the 

comment has merit and will consider it 

in a forthcoming comprehensive 

rulemaking that is currently under 

development. 

Comment: In the definition of 

‘‘hydrocarbon development project,’’ the 

term ‘‘hydro-seeding’’ is used. It is 

recommended to use the term 

‘‘hydroseeding or other revegetation 

activities’’ instead. 

Response: The Commission agrees 

with the comment and has made the 

change in the final rule. 

Comment: Language should be added 

clarifying that all water use on-site 

requires Commission approval. 

Response: The definition of 

‘‘hydrocarbon development project’’ 

contains language that covers all waterrelated activities and facilities on the 

drilling pad site, including activities 

and facilities associated with the 

production, maintenance, operation, 

closure, plugging and restoration of 

wells or drilling pad sites that would 

require consumptive water usage. The 

use of water for these activities will be 

subject to Commission approval through 

the ABR program. 

Comment: The Commission is to be 

applauded for revising its definitions to 

include water used not only for well 

development and drilling, but also for 

infrastructure. 

Response: The Commission 

appreciates the comment. The final rule 

retains the language extending the ABR 

approvals to specific water uses off the 

drilling pad site, which are water used 

for hydro-seeding or other revegetation 

activities, dust suppression, and hydroexcavation of access roads and 

underground lines, as well as tank 

cleanings, related to a drilling pad site 

or centralized impoundments. 

Comment: The Commission should 

extend its review to beyond the well 

pad. 

Response: The definition of 

‘‘hydrocarbon development project’’ 

includes specified facilities and 

activities off the drilling pad site as 

noted in the prior response. 


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