AFS

- 13

- 361

- E Exemption No. 16783

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

ERA HEL ICOPTERS , LLC Regulatory Docket No. FAA

- 20 13

- 0411

for an exemption from § 91.9(a) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letters dated May 3, 2013 and January 26, 2016, Mr. Larry Lippert, Director of Operations, Era Helicopters, LLC (Era Helicopters ), 600 Airport Service Road, Lake Charles, Louisiana, 70605, petitioned the Federal Aviation Administratio n (FAA) on behalf of Era for an exemption from § 91.9(a) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow Era Helicopters to operate Eurocopter EC

- 225 (EC

- 225) helicopters while carrying up to 19 passenger s with limited exposure to engine failure during takeoff and landing between land

- based and offshore facilities, or when operating between two offshore facilities during day, night, visual flight rules (VFR) , and instrument flight rules (IFR)

.

The petitio ner requests relief from the following regulation:

Section 91.9(a) prescribes, in pertinent part, that no person may operate a civil aircraft without complying with the operating limitations specified in the approved Rotorcraft Flight Manual.

The petition er supports its request with the following information:

Era Helicopters states that t he EC

‐ 225 was certified under part 29, A mendment 47 relating to safety and ditching equipment, which provides the highest level of safety. The petitioner

states that its EC

‐ 225 aircraft are equipped with aircraft floatation gear and are certified for ditching in up to sea state six

. Additionally, the petitioner specifies that the EC

‐ 225 is equipped with life rafts that can be deployed from inside or outside the aircraft. Era2

Helicopters clarifies that , when operating over water, each occupant is provided and wears personal floatation equipment.

The petitioner states that European operators, using the same aircraft, operate in accordance

with Joint Aviation Requirement OP

‐ 3 which already permits similar operations with limited exposure to engine failure. Era Helicopters states that it has operated under Op erations Spec ification (OpSpec) H100 in the United States since 2004, which authorized operations

similar to Internati onal Civil Aviation Organization (ICAO) Performance Class 2 with limited

exposure. The petitioner asserts that, d uring this period, no EC

‐ 225 accidents have been caused by power loss due to engine failure during takeoff or landing. Era Helicopters finds the same level of safety will be provided to that currently in place for off shore operations. The petitioner contends that this finding is supported by the dat a collected , which reflects less

than five engine inflight shut downs per 1,000,000 flight hour s. Era Helicopters requests this exemption be authorized for operations conducted outside the United States.

Era Helicopters states that it has instituted operational controls through its general operations manual, training program, and management survei llance. The petitioner maintains that it will conduct operations in such a manner as to minimize the time spent exposed to engine failure. Era Helicopters proposed that this will be accomplished by following the manufacturer’s

recommended takeoff and lan ding procedures whenever feasible. The petitioner emphasizes

that o perations will not be conducted unless the current aircraft weight, altitude, and
temperature ensure 150 feet per minute climb at 1,000 feet above the takeoff surface with one engine inope rative and the remaining engine at maximum continuous one engine inoperative (OEI) power.

The petitioner asserts that o perating the EC

- 225 within “Category A” flight manual

l imitations, would result in decreased passenger loads, which will require more fl ights, and effectively increase the risk to passengers due to statistical hazards associated with take

- off and landings that are unrelated to engine failure. Additionally, Era Helicopters contends that full compliance with the “Category A” f light m anual l i mitations could make operating the

EC

- 225 economically unfeasible and would likely result in its removal from service. The petitioner concludes that t he outcome would be a reversion to smaller, older, and less sophisticated aircraft that do not offer the level of safety equipment and certification standards provided by the EC

- 225 certified in accordance with th e latest 14 CFR part 29 standards. The petitioner believes that this option would result in unintended, increased risk to the flying public.

Era Helicopters contends that o peration of the EC

- 225 in accordance with this exemption will provide continued operations in the Category A profile (clear area), and Performance Class 2, Defined Limited Exposure (PC2 DLE) profile (elevated helideck), with limi ted exposure to single engine failure as required by the Era EC

- 225 Standards Manual. The petitioner states

that t his manual requires all operations to be conducted within weight, altitude, and temperature parameters in accordance with appropriate EC

- 225 Rotocraft Flight Manual ( RFM ) chart, (Section 10.5.A1, Additional Climbing Performance Makila 2A1 Engines3

Equipped (POST

- MOD 07 26592)). This per formance standard ensures 150 feet per minute

rate of climb at 1,000 feet above the takeoff surface with OEI

, and the remaining engine at

maximum continuous OEI power.

In its January 26, 2016 correspondence, Era Helicopters identifies the following additional risk mitigations :

1. Level D, full flight simulator (FFS) pilot training;

2. Annual pilot competency and profi ciency checking;

3. Flight Data Monitoring;

4. Sea State 6, emergency flotation equipment;

5. Automatically deployable life rafts;

6. Helicopter Emergency Egress Lighting System (HEELS);

7. Personal flotation equipment; and

8. Automatically deployable emergency locator tran smitters (ADELTs).

The petitioner states that, b etween 2007 and 2011, the global EC

- 225 fleet accumulated over 400,000 flight hours of operational experience with an engine failure rate of less than 0.6 per 100,000 flight hours. The petitioner asserts th at, b ased on this reliability data, t he Category A

Performance Standard equivalent level of safety is achieved when operating within Performance Class 2 Defined Limited Exposure ( PC2 ) DLE and Category A profiles as

outlined in Era Helicopter’s Standards Ma nual.

The FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if granted, would not set a precedent, and any delay in acting on this petition would be detrimental to Era Helico pter

.

The FAA’ s analysis is as follows:

The FAA has considered the petitioner’s request and supporting materials and finds that, subject to the conditions and limitations below, a grant of exemption would be in the public interest and would provide a leve l of safety equivalent to that provided by the current regulations.

The FAA finds that Era Helicopters provides transportation with the Sikorsky S

- 92A and

Airbus EC

- 225 helicopters , under contract to various oil companies from land based facilities

to off shore facilities within the Gulf of Mexico, and under other contracts throughout the world including Antarctica. Era Helicopters operations within the United States are conducted under the provisions of part 135.

Operations to offshore facilities present a unique operating environment which requires special consideration in operations, training, and standardization. The FAA recognizes that there may be instances in which a safe forced landing may not be possible due to

environmental or other factors.4

T he FAA notes that regulatory agencies worldwide have already applied risk management techniques and permitted variations to specific operations, such as operations to helidecks with exposure to an engine failure, without a safe forced landing area. Risk as sessment is used to determine whether to permit these variations. When operations without suitable areas for safe forced landings are being considered, all relevant factors should be evaluated. These factors include the likelihood of the event, the possibl e consequences, and any mitigating measures weighed against the potential benefits of the operation. Accident history and other relevant safety data and analysis are crucial to making the operational determination.

Era Helicopters states that it has opera ted under Op Spec H100 in the United States since 2004

and that, during this period, no EC

‐ 225 accidents have been caused by power loss due to engine failure during takeoff or landing. This OpSpec prohibits operations unless the current aircraft weight, altitude and temperature would ensure the ability to climb 150 feet per minute at 1,000 fee t above the takeoff surface with OEI and the remaining engine at maximum continuous OEI power. These specifications are also similar to those characteristics of operations under ICAO Performance Class 2. The ICAO standard for Performance Class 2

with lim ited exposure to engine failure limits that exposure period to less than 9 seconds. The petitioner’s operations meet or exceed this standard, and ensure a positive 150 feet per minute climb rate at 1,000 feet above the takeoff surface with one engine inop erative and the remaining engine at maximum continuous OEI power.

The petitioner has proposed operational controls consistent with those in OpSpec H100. The

FAA has decided to rescind that OpSpec

. A grant of exemption would provide for continuity of ope rations demonstrated since Era Helicopters began operations under OpSpec H 100 in

2004

. The FAA believes the limitations contained in OpSpec H100 have been effective and therefore would continue them in limitations associated with a grant of exemption.

Th e FAA notes that the petitioner has been granted a similar exemption to allow Era Helicopters to operate Sikorsky S

- 92A (S

- 92A) helicopters with limited exposure to engine failure during takeoff and landing while carrying up to 19 passengers between land

- b ased and

offshore facilities or when operating between two offshore facilities, day, night, visual flight rules, and instrument flight rules (Exemption No. 13184)

. The FAA has updated the

c onditions and l imitations of the current exemption related to the EC225 to clarify requirements concerning training and checking, the wearing of personal floatation equipment, and requirements for emergency equipment.

Granting this petition is in the public interest because these EC

- 225 helicopters replaced older desig ns which do not offer the safety advancements, and that were not required to meet the more stringent performance requirements imposed on the EC

- 225 and other similar aircraft certificated against the updated certification regulations. The FAA concurs with the petitioner that permitting the use of the EC

- 225 provides those passengers with safe transportation, while maintaining an efficient transportation system for the oil and gas industry.5

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, delegated to me by the Administrator, Era Helicopters, LLC is granted an exemption from

14 CFR § 91.9(a) to the ex tent necessary to allow Era Helicopters to operate Eurocopter EC

225 ( EC

- 225 ) helicopters

, while carrying up to 19 passengers

, with limited exposure to engine failure during takeoff and landing

, between land

- based and offshore facilities

, or when operating between two offshore facilities, during day, night, visual flight rules, and instrument flight rules , subject to the conditions and limitations listed below.

Conditions and Limitations

1. This exemption is limited to operations conducted in Era Helicopters’ EC

- 225 helicopters.

2. This exemption is limited to operations conducted between land

- based heliports,

between land

- based airports and offshore heliports, or between two offshore heliports. All helidecks and heliports must be of sufficient size and weight bearing capacity to safely accommodate the EC

- 225 helicopter during operations described below.

3. This exemption is not valid for operations in foreign airspace without the prior authorization of the Civil Aviation Authority with jurisdiction over that air space.

4. Occupants of flights conducted under this exemption must wear personal floatation equipment meeting the requirements of § 135.168(b)(1) whenever the aircraft is over water, and the aircraft must be equipped with floats, accessible rafts, and a

406 megahertz ( MHz ) e mergency l ocator beacon in accordance with § 135.168(d).

5. Era Helicopters must make available and provide access, upon request by the FAA, to its historical engine reliability data for its fleet of EC

- 225s, in order to provide ongoing

surv eillance of engine reliability.

6. In addition to other routine preflight computations, approach and departure profiles must be determined based upon the procedures and computations cited in the EC

- 225 Rotorcraft Flight Manual (RPM ) Appendix APP.9.0.1.A1.P1, “Procedure Guide for

Offshore or similar Elevated helideck

– PC2

- DLE

. ” All operations must be conducted within weight, altitude, and temperature parameters in accordance with appropriate

EC

- 225 RFM charts, (Section 10.5.A1, Additional Climbing Performance Makila 2A1 Engines Equipped (POST

- MOD 07 26592)). Thi s performance standard ensures

150 f eet per minute rate of climb at 1,000 feet above the takeoff surface with OEI, and the remaining engine at maximum continuous one engine inoperative ( OEI ) power. Th e result of the planning process must yield p rofiles which do not exceed the6

E uropean Aviation Safety Agency (E ASA ) accepted standard of 9 seconds exposure to an unscheduled landing or ditching following an engine failure.

7. Operations will not be conducted unless, as provided in the EC

- 225 RFM and its appendices, the rotorcraft performance based upon current aircraft weight, altitude and temperature, ensures each of the following outcomes following the loss of power from one engine

—

a. below the Takeoff Decis ion Point, a rejected takeoff, resulting in a safe OEI return and landing on the takeoff surface,

b. on final approach to a landing, a rejected landing resulting in a safe OEI go

around,

c. during the final approach or initial departure phase of flight, an exp osure of

9 seconds or less to an unscheduled landing or ditching and

d. the ability to climb at least 150 feet per minute at 1,000 feet above the takeoff or landing surface with one engine inoperative and the remaining engine at

maximum continuous OEI power

.

8. Operations under the provisions of this exemption must be flown by crews consisting of two pilots who are qualified and current in PC2

- DLE operation in addition to normal operation of the EC

- 225.

9. Era Helicopters’ approved training program must includ e provisions for training of appropriate crews on performance planning and profiles associated with PC2 DLE to unscheduled ditching or touchdown during takeoffs and landings with total theoretical exposure time of 9 seconds or less. Flight training for PC 2

- DLE maneuvers must be conducted in Class D flight simulation training devices. Era Helicopters must document the conduct and satisfactory completion of that training.

10. Pilots must satisfactorily demonstrate the use of takeoff and landing profiles described in Condition No. 6 during initial and recurrent pilot competency and proficiency evaluations in accordance with § 135.293 or § 135.297. For pilots that will only

oper ate during day VFR, checking may be limited to competency checks in accordance with § 135.293 . H owever, this limitation must be recorded and these pilots must acknowledge the limitation in writing and refrain from conducting PC2

- DLE operations in IFR or n ight conditions until night competency and IFR proficiency is

checked.

11. Era Helicopters must establish parameters for takeoff and landing at elevated helidecks for its flight data monitoring program and provide ongoing periodic surveillance of those opera tions to ensure flight profiles are in accordance with Performance Class 2 procedures.7

12. Era Helicopters Check Airmen will conduct periodic route observations to ensure Performance Class 2 procedures are properly followed and appropriate Crew Resource Manag ement techniques are employed during all flight operations.

13. Era Helicopters must advise all EC

- 225 flight crewmembers including those who have not received the above training and checking, of the provisions of this exemption and

document that notificatio n.

14. A copy of this exemption must be carried onboard each EC

- 225 utilizing these provisions.

This exemption terminates on June 30 , 2018 , unless sooner superseded or rescinded.

Issued in Washington, D

. C

. , on June 13, 2016

.

/s/

John S. Duncan

D irector, Flight Standar ds Serv ice