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

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.

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 selfaddressed, 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
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 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-forprofit 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
11256 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

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

§ 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

§ 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

§ 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]

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