`[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Rules and Regulations]
[Pages 11254-11257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4967]




[[Page 11253]]

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Part VII





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Part 61



Robinson R-22/R-44 Special Training and Experience Requirements; Final 
Rule

  Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules 
and Regulations   
[[Page 11254]] 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration
14 CFR Part 61
[Docket No. 28095; SFAR No. 73]
RIN 2120-AF66


Robinson R-22/R-44 Special Training and Experience Requirements

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; Request for comments.

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SUMMARY: This Special Federal Aviation Regulation (SFAR) establishes 
special training and experience requirements for pilots operating the 
Robinson model R-22 or R-44 helicopters to maintain safe operation of 
Robinson helicopters. It also establishes special training and 
experience requirements for certified flight instructors conducting 
student instruction or flight reviews. The FAA has determined this 
emergency SFAR is needed to respond to the number of accidents 
involving the Robinson model R-22 and R-44 helicopters. The intended 
effect of this emergency action is to increase awareness of and 
training for the potential hazards of particular flight operations in 
the Robinson helicopters.

DATES: This final rule is effective March 27, 1995. This final rule 
expires December 31, 1997. Comments must be received by May 30, 1995.

ADDRESSES: Comments should be submitted in triplicate to Federal 
Aviation Administration, Office of the Chief Counsel, Attn: Rules 
Docket (AGC-200), Docket No. 28095, 800 Independence Avenue, SW., 
Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT:
Robert J. O'Haver, Operations Branch, AFS-820, General Aviation and 
Commercial Division, 800 Independence Ave. SW., Washington, DC 20591; 
Telephone: (202) 267-7031.

SUPPLEMENTARY INFORMATION:

Comments Invited
    All interested persons are invited to comment on this SFAR by 
submitting such written data, views, or arguments as they may desire, 
including comments relating to the environmental, energy, or economic 
impacts. Communications should identify the regulatory docket or SFAR 
number, and be submitted in triplicate to the Federal Aviation 
Administration, Office of the Chief Counsel, Attn: Rules Docket (AGC-
200), Docket No. 28095, 800 Independence Ave., Washington, DC 20591. 
All communications received will be considered by the Administrator. 
The rules in this SFAR may be changed as a result of comments received 
from the public. All comments submitted will be available for 
examination in the Rules Docket in Room 915-G of the FAA Building, 800 
Independence Ave., Washington, DC 20591. Persons wishing to have the 
FAA acknowledge receipt of their comments must submit a self-addressed, 
stamped postcard with the following statement: ``Comments to Docket 
Number 28095.'' The postcard will then be dated, time stamped, and 
returned by the FAA.

Availability of This SFAR

    Any person may obtain a copy of this SFAR by submitting a request 
to the FAA, Office of Public Affairs, ATTN: APA-200, 800 Independence 
Avenue, SW., Washington, D.C. 20591, or by calling the Office of Public 
Affairs at (202) 267-3484. Persons wanting a copy of this SFAR must 
identify the SFAR by asking for ``Docket No. 28095; Robinson R-22/R-44 
Special Training and Experience Requirements Final Rule.''
    Persons interested in being placed on a mailing list for future 
notices should request a copy of Advisory Circular 11-2A, Notice of 
Proposed Rulemaking Distribution System, which describes the 
application procedure.

Background

    Part 61 of Title 14 of the Code of Federal Regulations (14 CFR part 
61) details the certification requirements for pilots and flight 
instructors. Particular requirements for pilots and flight instructors 
in rotorcraft are found in Subparts C through G, and Appendix B of part 
61. These requirements do not address any specific type or model of 
rotorcraft. However, the FAA has determined that specific training and 
experience requirements are necessary for the safe operation of 
Robinson R-22 and R-44 model helicopters.
    The R-22 is a 2-seat, reciprocating engine-powered helicopter that 
is frequently used as low-cost initial student training aircraft. The 
R-44 is a 4-seat helicopter with similar operating characteristics and 
design features of the R-22. The R-22 is the smallest helicopter in its 
class and incorporates a unique cyclic control and rotor system. 
Certain aerodynamic and design features of the aircraft cause specific 
flight characteristics that require particular pilot awareness and 
responsiveness.
    Currently, there are 855 registered R-22's and three R-44's in the 
United States. Since the R-22 was certificated, there have been 339 
accidents in the U.S. involving R-22's. The FAA found that the R-22 met 
14 CFR part 27 certification requirements and issued a type certificate 
in 1979; however, the R-22 has had a high number of fatal accidents due 
to main rotor/airframe contact when compared to other piston powered 
helicopters. Many of these accidents have been attributed to pilot 
performance or inexperience, leading to low rotor revolutions per 
minute (RPM) or low ``G'' conditions that resulted in mast bumping or 
main rotor-airframe contact accidents. Its small size and relatively 
low operating costs result in its use as a training or small utility 
aircraft, and its operation by a significant population of relatively 
inexperienced helicopter pilots.
    In its analysis of accident data, the FAA has found that apparently 
qualified pilots may not be properly prepared to safely operate the R-
22 and R-44 helicopters in certain flight conditions. The FAA has 
determined that additional specific pilot training is necessary for 
safe operation of these helicopters as part of a comprehensive program 
that responds to the high number of accidents involving these 
helicopters. Other elements of this program include addressing design 
and operational issues, cited by the National Transportation Safety 
Board (NTSB), that may have been contributing factors in some of the 
accidents.
    In addition to the specific pilot training and experience 
requirements recommended by a R-22 and R-44 Flight Standardization 
Board established on January 8, 1995, and the subject of this SFAR, the 
FAA has taken several other actions to alert pilots and owners to the 
hazards of these helicopters. Individual notice to every certificated 
rotorcraft pilot, including all rotorcraft certified flight instructors 
who instruct in these helicopters, was given by the FAA when it issued 
the Special Airworthiness Alert No. ASW-95-01 on January 10, 1995. This 
alert, provided specific guidance in avoiding and dealing with low 
rotor RPM and low G conditions. This guidance was made mandatory when 
the FAA issued to all owners of these helicopters Airworthiness 
Directives Nos. 95-02-03 and 95-02-04 on January 12, 1995, which 
amended these helicopters' operating envelope by limiting operations in 
certain atmospheric conditions, such as turbulence, and reduced 
operating speed in turbulent conditions to avoid the situations 
described in the Alert. Finally, the FAA is undertaking an aggressive 
engineering and design review of these helicopters and their operations 
as well as [[Page 11255]] evaluating potential design improvement for 
the Robinson helicopters.

Discussion

    The FAA has determined, after reviewing the NTSB accident reports 
of 30 fatal accidents since 1982 in which main rotor/airframe contact 
occurred, that certain flight maneuvers caused, or contributed to, the 
accidents. In four recent R-22 and R-44 accidents, main rotor/airframe 
contact occurred while the helicopters were apparently well within the 
aircraft's defined operating envelope. Although the pilots assumed to 
be operating the flight controls at the time of the accidents had 
little experience, the investigations found no evidence that the pilots 
were improperly operating the helicopters.
    There is a clear relationship between pilot inexperience in the R-
22 and R-44 helicopters and main rotor/airframe contact accidents. An 
analysis of this type of accident, indicates that in 23 of the 30 fatal 
accidents, the pilot apparently manipulating the controls had less than 
200 flight hours in helicopters or less than 50 flight hours in the 
model of Robinson helicopter they were operating. It appears that 
pilots with more than a minimal level of experience are more likely to 
recognize situations that would cause this type of accident. However, 
the FAA has determined that all pilots, regardless of their level of 
experience, need to have a greater awareness of the flight conditions 
that have led to these accidents and a capability to respond 
appropriately when those conditions are encountered. Accordingly, the 
agency is initiating a two-fold program, including ground and flight 
training. For pilots that have 200 flight hours in helicopters and at 
least 50 hours in either the R22 or R44 Robinson helicopter, as 
appropriate, flight training would not be required because of their 
overall experience, and their specific experience in the Robinson 
helicopter. For rated pilots who do not have this experience and 
students pilots, there are specific flight training requirements. In 
both cases, the intent is to ensure that the pilots, either through 
accumulated experience or flight training, have the skills necessary to 
avoid, as well as react to, situations that can cause main rotor/
airframe contact. While experience is beneficial in avoiding this type 
of accident, the FAA believes that there is a need for all pilots 
operating the Robinson helicopters to be aware of certain 
characteristics associated with the Robinson R22 and R44 helicopter. 
For this reason, the FAA is imposing an awareness training requirement 
on all individuals operating Robinson R22 and R44 aircraft.
    In addition, the FAA is requiring that any pilot operating a 
Robinson R22 helicopter, as pilot in command, to complete future flight 
review requirements of Part 61 in the R22. A separate flight review is 
required for the R-44. Pilots with less experience (i.e. those with 
less than 200 flight hours in helicopters and at least 50 hours in the 
model of Robinson helicopters) are required to complete an annual 
flight review. Similarly, the pilot in command currency requirements of 
Part 61 must be met in the particular model Robinson helicopter. The 
purpose of these provisions is to ensure persons operating Robinson R22 
and R44 maintain proficiency and competency over time.
    Finally, the SFAR establishes criteria for flight instructor who 
wish to continue to instruct or conduct flight reviews in a Robinson 
helicopter. These criteria are established to insure that the 
instructors are knowledgeable and competent to conduct the awareness 
and flight training. This SFAR requires that each individual who 
receives awareness training or flight training obtain an endorsement in 
that individuals logbook from a CFI who has met the criteria.
    The FAA has determined that the provisions of this SFAR for 
requiring student pilots, pilots, and flight instructors to undergo 
special awareness training, additional recency of experience 
requirements, and the additional aeronautical flight experience above 
the current requirements in Part 61 will provide for safe operation of 
the Robinson R-22 and R-44 helicopters.
    The FAA has determined that prompt action regarding these 
helicopters is necessary, and therefore that notice and comment 
concerning this rule is not in the public interest. The additional 
training prescribed in the rule should be taken as rapidly as possible. 
Nonetheless, the FAA believes that adherence to the Alert and 
Airworthiness Directives noted above, together with appropriate caution 
in operating these aircraft, will provide for safe operations for the 
next 30 days until this SFAR takes effect. No additional extension of 
this 30 day period is anticipated, however.

Ongoing FAA Actions

    The rule expires on December 31, 1997, but may be terminated sooner 
or extended through the publication of notice, comment and final rule 
action if circumstances so warrant. This action is one of several on-
going actions related to the Robinson helicopters. The FAA may take 
additional actions or modify these actions already taken as a result of 
further study or comments received concerning this rule.

Regulatory Evaluation Summary

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic effect or regulatory changes on small entities. 
Third, the Office of Management of Budget (OMB) directs agencies to 
assess the effect of regulatory changes on international trade. 
However, OMB may exempt classes of regulations from the Executive 
Order's requirements, in addition to those explicitly exempt, such as 
rules unlikely to involve significant policy issues for which even a 
brief delay could impose significant costs. In addition, DOT Order 
2100.5 ``Policies and Procedures for Simplification, Analysis, and 
Review of Regulations'' states that an emergency regulation that 
overwise would be nonsignificant is excepted from the requirements for 
any Evaluation. Thus, because of the emergency nature of this SFAR, the 
FAA has not prepared a full regulatory evaluation.

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 Federal regulations. The RFA requires a 
Regulatory Flexibility Analysis if a rule will have a significant 
economic impact on a substantial number of small entities. FAA Order 
2100.14A, Regulatory Flexibility Criteria and Guidance, provides 
threshold cost and small entity size standards for complying with RFA 
review requirements in FAA rulemaking actions. Small entities are 
independently owned and operated small businesses and small not-for-
profit organizations. A substantial number of small entities is defined 
as a number that is 11 or more and which is more than one-third of the 
small entities subject to this rule. The FAA has determined that this 
rule will not result in a significant economic impact, either 
detrimental or beneficial, on a substantial number of small entities, 
however, the public is invited to comment on this determination 
particularly with respect to the number [[Page 11256]] of small 
entities that will be affected and the cost impact on those small 
entities.

International Trade Impact Assessment

    The FAA has determined that this SFAR will not constitute barriers 
to international trade, including the export of American goods and 
services to foreign countries and barriers affecting the import of 
foreign goods and services into the United States.

Good Cause Justification for Immediate Adoption

    Because of the emergency nature of this rulemaking and because of 
the reasons stated above, the FAA finds that notice and public comment 
under 5 U.S.C. 553(b) are impracticable and contrary to the public 
interest.

Paperwork Reduction Act

    This SFAR contains no information collection requests requiring 
approval of the Office of Management and Budget pursuant to the 
Paperwork Reduction Act (44 U.S.C. 3507 et seq.).

Federalism Implications

    The SFAR adopted herein will not have substantial direct effects on 
the states, on the relationship between the Federal government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12866, it is determined that this SFAR does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

International Civil Aviation Organization (ICAO) and Joint Aviation 
Regulations

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with ICAO 
Standards and Recommended Practices to the maximum extent practicable. 
The FAA has determined that this SFAR does not conflict with any 
international agreement of the United States.

Conclusion

    For the reasons previously discussed in the preamble, the FAA has 
determined that this SFAR is not significant under Executive Order 
12866. The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to address an unsafe 
condition. Based on the findings in the Regulatory Flexibility 
Determination and the International Trade Impact Analysis, the FAA 
certifies that this SFAR will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. This SFAR is not 
considered significant under DOT Regulatory Policies and Procedures (44 
FR 11034; February 26, 1979).

List of Subjects in 14 CFR Part 61

    Aircraft, Aircraft pilots, Airmen, Airplanes, Air safety, Air 
transportation, Aviation safety, Balloons, Helicopters, Rotorcraft, 
Students.
The Rule

    In consideration of the foregoing, the Federal Aviation 
Administration amends part 61 of Title 14 of the Code of Federal 
Regulations (14 CFR part 61) as follows:

PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS

    1. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. app. 1354(a), 1355, 1421, 1422, and 1427; 
49 U.S.C. 106(g).

    2. By adding Special Federal Aviation Regulation (SFAR) No. 73 to 
part 61 to read as follows:

Special Federal Aviation Regulations

* * * * *

SFAR No. 73--Robinson R-22/R-44 Special Training and Experience 
Requirements

    1. Applicability. Under the procedures prescribed herein, this 
SFAR applies to all persons who seek to manipulate the controls or 
act as pilot in command of a Robinson model R-22 or R-44 helicopter. 
The requirements stated in this SFAR are in addition to the current 
requirements of part 61.
    2. Required training, aeronautical experience, endorsements, and 
flight review.
    (a) Awareness Training:
    (1) Except as provided in paragraph (a)(2) of this section, no 
person may manipulate the controls of a Robinson model R-22 or R-44 
helicopter after March 27, 1995 for the purpose of flight unless the 
awareness training specified in paragraph (a)(3) of this section is 
completed and the person's logbook has been endorsed by a certified 
flight instructor authorized under paragraph (b)(5) of this section.
    (2) A person who holds a rotorcraft category and helicopter 
class rating on their pilot certificate and meets the experience 
requirements of paragraph (b)(1) or (b)(2) of this section may not 
manipulate the controls of a Robinson model R-22 or R-44 helicopter 
for the purpose of flight after April 26, 1995 unless the awareness 
training specified in paragraph (a)(3) of this section is completed 
and the person's logbook has been endorsed by a certified flight 
instructor authorized under paragraph (b)(5) of this section.
    (3) Awareness training must be conducted by a certified flight 
instructor who has been endorsed under paragraph (b)(5) of this 
section and consists of instruction in the following general subject 
areas:
    (i) energy management;
    (ii) mast bumping;
    (iii) low rotor RPM (blade stall);
    (iv) low G hazards; and
    (v) rotor RPM decay.
    (4) A person who can show satisfactory completion of the 
manufacturer's safety course after January 1, 1994, may obtain an 
endorsement from an FAA aviation safety inspector in lieu of 
completing the awareness training required in paragraphs (a)(1) and 
(a)(2) of this section.
    (b) Aeronautical Experience:
    (1) No person may act as pilot in command of a Robinson model R-
22 unless that person:
    (i) has had at least 200 flight hours in helicopters, at least 
50 flight hours of which were in the Robinson R-22; or
    (ii) has had at least 10 hours dual instruction in the Robinson 
R-22 and has received an endorsement from a certified flight 
instructor authorized under paragraph (b)(5) of this section that 
the individual has been given the training required by this 
paragraph and if proficient to act as pilot in command of an R-22. 
Beginning 12 calendar months after the date of the endorsement, the 
individual may not act as pilot in command unless the individual has 
completed a flight review in an R-22 within the preceding 12 
calendar months and obtained an endorsement for that flight review. 
The dual instruction must include at least the following abnormal 
and emergency procedures flight training:
    (A) enhanced training in autorotation procedures,
    (B) engine rotor RPM control without the use of the governor,
    (C) low rotor RPM recognition and recovery, and
    (D) effects of low G maneuvers and proper recovery procedures.
    (2) No person may act as pilot in command of a Robinson model R-
44 unless that person:
    (i) has had at least 200 flight hours in helicopters, at least 
50 flight hours of which were in the Robinson R-44; or
    (ii) has had at least 10 hours dual instruction in the Robinson 
R-44 and has received an endorsement from a certified flight 
instructor authorized under paragraph (b)(5) of this section that 
the individual has been given the training required by this 
paragraph and is proficient to act as pilot in command of an R-44. 
Beginning 12 calendar months after the date of the endorsement, the 
individual may not act as pilot in command unless the individual has 
completed a flight review in an R-44 within the preceding 12 
calendar months and obtained an endorsement for that flight review. 
The dual instruction must include at least the following abnormal 
and emergency procedures flight training:
    (A) enhanced training in autorotation procedures,
    (B) engine rotor RPM control without the use of the governor,
    (C) low rotor RPM recognition and recovery, and
    (D) effects of low G maneuvers and proper recovery 
procedures. [[Page 11257]] 
    (3) A person who does not hold a rotorcraft category and 
helicopter class rating must have had at least 20 hours of dual 
instruction in a Robinson R-22 helicopter prior to operating it in 
solo flight. In addition, the person must obtain an endorsement from 
a certified flight instructor authorized under paragraph (b)(5) of 
this section that instruction has been given in those maneuvers and 
procedures, and the instructor has found the applicant proficient to 
solo a Robinson R-22. This endorsement is valid for a period of 90 
days. The dual instruction must include at least the following 
abnormal and emergency procedures flight training:
    (i) enhanced training in autorotation procedures,
    (ii) engine rotor RPM control without the use of the governor,
    (iii) low rotor RPM recognition and recovery, and
    (iv) effects of low G maneuvers and proper recovery procedures.
    (4) A person who does not hold a rotocraft category and 
helicopter class rating must have had at least 20 hours of dual 
instruction in a Robinson R-44 helicopter prior to operating it in 
solo flight. In addition, the person must obtain an endorsement from 
a certified flight instructor authorized under paragraph (b)(5) of 
this section that instruction has been given in those maneuvers and 
procedures, and the instructor has found the applicant proficient to 
solo a Robinson R-44. This endorsement is valid for a period of 90 
days. The dual instruction must include at least the following 
abnormal and emergency procedures flight training:
    (i) enhanced training in autorotation procedures,
    (ii) engine rotor RPM control without the use of the governor,
    (iii) low rotor RPM recognition and recovery, and
    (iv) effects of low G maneuvers and proper recovery procedures.
    (5) No certificated flight instructor may provide instruction or 
conduct a flight review in a Robinson model R-22 or R-44 unless that 
instructor:
    (i) Completes the awareness training in paragraph 2(a) of this 
SFAR,
    (ii) Meets the experience requirements of paragraphs 2(b)(1)(i) 
of this SFAR for the R-22, or 2(b)(2)(i) of this SFAR for the R-44,
    (iii) Has completed flight training in an R-22, R-44, or both, 
on the following abnormal and emergency procedures:
    (A) enhanced training in autorotation procedures,
    (B) engine rotor RPM control without the use of the governor,
    (C) low rotor RPM recognition and recovery, and
    (D) effects of low G maneuvers and proper recovery procedures.
    (iv) Been authorized by endorsement from an FAA aviation safety 
inspector or authorized designated examiner that the instructor has 
completed the appropriate training, meets the experience 
requirements and has satisfactorily demonstrated an ability to 
provide instruction on the general subject areas of paragraph 
2(a)(3) of this SFAR, and the flight training identified in 
paragraph 2(b)(5)(iii) of this SFAR.
    (c) Flight Review:
    (1) No flight review completed to satisfy Sec. 61.56 by an 
individual after becoming eligible to function as pilot in command 
in a Robinson R-22 helicopter shall be valid for the operation of R-
22 helicopter unless that flight review was taken in an R-22.
    (2) No flight review completed to satisfy Sec. 61.56 by 
individual after becoming eligible to function as pilot in command 
in a Robinson R-44 helicopter shall be valid for the operation of R-
44 helicopter unless that flight review was taken in the R-44.
    (3) The flight review will include a review of the awareness 
training subject areas of paragraph 2(a)(3) of this SFAR and the 
flight training identified in paragraph 2(b) of this SFAR.
    (d) Currency Requirements: No person may act as pilot in command 
of a Robinson model R-22 or R-44 helicopter carrying passengers 
unless the pilot in command has met the recency of flight experience 
requirements of Sec. 61.57 in an R-22 or R-44, as appropriate.
    3. Expiration date. This SFAR expires December 31, 1997, unless 
sooner superseded or rescinded.

    Issued in Washington, DC, February 23, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-4967 Filed 2-24-95; 12:49 pm]
BILLING CODE 4910-13-M`