31324 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1 and 33

[Docket No. 26019; Amendment Nos. 1–46,

33–18]

RIN 2120–AD21

Airworthiness Standards: Aircraft

Engines New One-Engine-Inoperative

(OEI) Ratings, Definitions and Type

Certification Standards

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes

definitions for new one-engine

inoperative (OEI) ratings, and type

certification standards for those ratings.

This amendment is the result of a

petition for rulemaking from Aerospace

Industries Association of America, Inc.

(AIA), and a recognition by both the

FAA, along with other civil

airworthiness authorities, and the

aviation industry for a need for

additional OEI power rating standards.

The maximum engine power rating for

rotorcraft available under current

certification standards contained in the

Federal Aviation Regulations (FAR’s) is

the 21⁄2-minute OEI rating. This

amendment establishes definitions and

type certification standards for the 30-

second OEI and 2-minute OEI rating at

higher power levels than currently

available. These new ratings will

enhance rotorcraft safety after an engine

failure or precautionary shutdown by

providing the availability for higher OEI

power. The benefits from this

amendment are enhanced safety through

improved rotorcraft takeoff and landing

performances, and shorter field

operations or higher payload with the

same degree of safety.

EFFECTIVE DATE: August 19, 1996.

FOR FURTHER INFORMATION CONTACT:

Chung C. Hsieh, Aerospace Engineer,

Engine and Propeller Standards Staff,

ANE–110, Engine and Propeller

Directorate, Aircraft Certification

Service, FAA, 12 New England

Executive Park, Burlington, MA 01803–

5229, telephone (617) 238–7115; fax

(617) 238–7199.

SUPPLEMENTARY INFORMATION:

Background

The FAA issued a Notice of Proposed

Rulemaking (NPRM) No. 89–27 that was

published in the Federal Register on

September 22, 1989 (54 FR 39080), and

also issued Supplemental Notice of

Proposed Rulemaking (SNPRM) No. 89–

27A that was published in the Federal

Register on February 7, 1995 (60 FR

7380). These notices proposed to define

new one-engine inoperative (OEI)

ratings for rotorcraft engines and

establish type certification standards for

these new OEI ratings. The new OEI

ratings will be applicable to turbine

engines installed on multiengine

powered rotorcraft.

The payload for multiengine rotorcraft

is limited by the power available from

the remaining operating engine(s) in the

event one engine fails during takeoff or

landing. Currently, the maximum

engine power rating available for

rotorcraft under part 33 is the 21⁄2 OEI

rating. This amendment establishes 30-

second OEI and 2-minute OEI ratings at

higher power level than currently

available. The new rating will allow

rotorcraft to carry higher payloads from

existing fields or to takeoff from smaller

fields with current payloads, without

decreasing the level of safety for these

operations. Engine type certification

using these new ratings, however, as

with other OEI ratings, remains

optional.

The Aerospace Industries Association

of America, Inc., (AIA) submitted a

petition for rulemaking to the FAA on

September 20, 1984, requesting an

amendment of the FAR’s to permit type

certification of engines and rotorcraft

with new OEI ratings. The FAA

acknowledged receipt of the AIA

petition, by letter on November 26,

1984, and issued a notice of that

petition that was published in the

Federal Register on December 10, 1984

(49 FR 48759). The FAA subsequently

held the petition in abeyance pending

AIA’s submission of a revised petition

for rulemaking on April 1, 1987.

The AIA then sponsored a meeting

with the Association European des

Constructeurs de Materiel d′Aerospatial

(AECMA), the European Helicopter

Association (EHA), and the European

Joint Airworthiness Authorities (JAA)

on April 9, 1987, and invited the FAA

to attend. The purpose of this meeting

was to familiarize the European

community with the AIA petition.

Thereafter, the FAA and the JAA

convened their annual harmonization

meeting on May 19–21, 1987, to discuss,

in part, the status of programs of mutual

interest. One result of the FAA/JAA

meeting was a recommendation that the

FAA and the JAA should strive to

promulgate more harmonious rules and

guidance material. Accordingly, the

FAA coordinated their reviews of the

AIA petition directly with the JAA. A

meeting was held in late August 1987

between representatives of the FAA and

the JAA to discuss the JAA’s concerns

with the AIA petition. The JAA

provided many comments, most of

which contained significant deviations

from specifies of the petition being

considered.

On November 19, 1987, AIA, AECMA,

and EHA jointly sponsored a meeting at

AIA Headquarters in Washington, DC,

and invited the FAA and the JAA to

attend. The purpose of this meeting was

for industry, AIA, AECMA, and EHA, to

jointly address and respond to the

comments and concerns previously

expressed by the JAA. In follow-up to

this meeting, on June 8, 1988, the AIA

submitted additional revisions to their

petition for rulemaking.

The FAA then issued a final rule from

a previous proposal amending parts 1

and 33 of the FAR’s. Amendments 1–34

and 33–12 were issued and published in

the Federal Register on September 2,

1988 (53 FR 34196, effective October 3,

1988), which redefined OEI ratings in

part 1 and added the Continuous OEI

rating in both part 1 and part 33.

After reviewing the revised AIA

petition, and coordinating with the JAA,

the FAA issued NPRM No. 89–27 (54 FR

39080), to address the part 33 engine

certification aspects of 39-second and 2-

minute OEI ratings, and NPRM No. 89–

26 (54 FR 39086), to address the part 27

and part 29 rotorcraft certification

aspects of the OEI ratings. Both NPRM’s

were published in the Federal Register

on September 22, 1989. During the

comment period, the FAA held a joint

public meeting to discuss the proposals

of both NPRM’s in Fort Worth, Texas,

on November 16, 1989 (see Notice of

public meeting published on October

13, 1989, 54 FR 41986). The Final rules

to part 27 and part 29 were published

in the Federal Register on September

16, 1994 (59 FR 47764).

Based on the comments received, the

FAA determined that the proposals

contained in NPRM 89–27 warranted

further consideration. Substantive

changes were made to the proposed

rule, and SNPRM 89–27A was

published in the Federal Register on

February 7, 1995 (60 FR 7380). The

SNPRM gave all interested parties an

opportunity to comment on the

modified proposed rule.

All interested persons have been

given an opportunity to participate in

this rulemaking, and due consideration

has been given to all matters presented.

Some minor editorial changes have been

made to clarify the proposals as

indicated herein. The changes are based

on comments received and further FAA

review of the proposals. The FAA has

determined that certain technical issues

associated with proposed revisions to

§ 33.27 have not been resolved. These
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31325

technical issues will be discussed in an

Aviation Rulemaking Advisory

Committee (ARAC) working group (see

Notice of establishment of Propulsion

Harmonization Working Group at 57 FR

58840, December 11, 1992). Except for

the proposed revisions to § 33.27 and

other changes as indicated herein, the

proposals contained in SNPRM 89–27A

have been adopted without change.

Discussion of Comments

The commenters represent domestic

and foreign engine manufacturers, and

foreign civil airworthiness authorities.

Four commenters provided the FAA

with comments to NPRM 89–27,

addressing numerous issues. The FAA

also received comments to SNPRM 89–

27A from three commenters. This

discussion addresses all the comments

made to SNPRM 89–27A, plus those

comments made to NPRM 89–27 that

were not already addressed in the

discussion section of SNPRM 89–27A.

Some comments presented orally at the

November 16, 1989, public meeting

have not been addressed here, since

they have been withdrawn; other oral

comments were submitted in writing to

the rules docket. The transcript of the

public meeting is in the Rules Docket.

The comments are grouped according to

the applicable sections of the proposed

amendment, with general comments

discussed first.

General Comments

One commenter recommends that the

FAA should publish the proposals as

worded in the SNPRM as a final rule for

all applicable 14 CFR part 1 and 33

sections, with the exception of the

proposed revisions to § 33.27.

One commenter states that the new

structure of helicopter engine ratings as

proposed creates a new certification

scheme for helicopters and, accordingly,

all the pertinent regulatory and advisory

matter must be considered at the same

time. The commenter points out that

guidance material for the proposed

ratings, including the maintenance

inspection requirements under § 33.90

and on the issue of power assurance, is

not available. Therefore, the commenter

states that an acceptable level of safety

cannot be achieved until all advisory

and regulatory material can be reviewed

at the same time.

The FAA disagrees. Even though

specific advisory material that addresses

the new OEI ratings is not yet available,

the FAA will not delay issuing this

Final rule. The existing guidance

material on the issue of power

assurance, which is a certification

requirement of the helicopter under

§§ 27.45(f) and 29.45(f), may be of

assistance to applicants for type

certification. A joint effort between the

FAA’s Engine & Propeller Directorate

and the Rotorcraft Directorate, and both

the engine and the helicopter industry,

has resulted in a report published by the

Society of Automotive Engineers (SAE),

Aerospace Information Report AIR4083,

‘‘Helicopter Power Assurance,’’ dated

July 13, 1989. Also, guidance material

addressing the existing § 33.90 is

provided in FAA Advisory Circular

(AC) AC 33–2B, ‘‘Aircraft Engine Type

Certification Handbook’’. This AC will

be revised to include guidance material

on power assurance and mandatory

maintenance requirements for the new

OEI ratings following the adoption of

this Final rule. The FAA plans to issue

advisory material for these new OEI

ratings as soon as practical.

The commenter also states that this

rulemaking is based on an assumption

that the new OEI ratings will be used

only during the takeoff and landing

phases of flight. The commenter

speculates that it would be possible that

these new ratings be utilized under the

‘‘External Load Operations’’ provisions

of § 133.45(e)(1). The commenter

suggests that the Regulatory Evaluation

section needs to address whether this

assumption will be invalidated if the

enhanced OEI performance is taken into

account for other than takeoff and

landing purposes.

The FAA disagrees. While the

proposed new OEI ratings are intended

to be used only after the failure of one

engine on a multiengine rotorcraft

during takeoff, climb, or landing, it is

entirely possible that these new ratings

might be utilized to meet the provisions

of current § 133.45(e)(1), if the rotorcraft

and the operator fulfill those criteria.

Therefore, the Regulatory Evaluation

does not depend on how the higher

power levels associated with the new

OEI ratings may be used in showing

compliance with an existing regulation.

In addition the commenter does not

suggest any changes to the regulatory

language of the proposed amendment to

part 1 or part 33 to address that concern.

These new ratings are intended to

supplement the existing OEI rating

structure for the type certification of

engines and rotorcraft. Existing

rotorcraft operating rules with respect to

OEI conditions should not be impacted

by the addition of the 30-second and the

2-minute OEI ratings.

Section 1.1 Definitions

One commenter recommends that the

existing § 1.1 definition of rated 30-

minute OEI power should be amended

to clarify that the period of use must not

exceed a total of 30 minutes during any

flight. The commenter further states that

many authorities are aware of instances

of misinterpretations, not precluded by

Flight Manuals, whereby more than 30

minutes of 30-minute OEI power could

have been accumulated during one

flight. This commenter also

recommends that the common aspects

of all existing and proposed definitions

of rated power/thrust be expressed in

identical language to eliminate

differences as much as possible.

The FAA disagrees. The existing § 1.1

definition of rated 30-minute OEI power

states that the engine power at this

rating is limited in use to a period of not

more than 30 minutes after the failure

of one engine of a multiengine

rotorcraft. The language used to define

the new 30-second OEI and 2-minute

OEI ratings is consistent with this and

other OEI definitions. The

recommendations on the existing

definitions of rated power and thrust are

beyond the scope of this rulemaking.

Such a change may be considered,

however, as part of the Engine &

Propeller Directorate’s ongoing study on

engine ratings.

Section 33.14 Start-Stop Cyclic Stress

One commenter states that the

proposal should also include a change

to existing § 33.14 that would exclude

OEI ratings from the meaning of the

term ‘‘maximum rated power’’ as it

appears in § 33.14. The commenter

bases the need for this change on an

interpretation of the existing § 33.14

using the preambles to two previous

amendments to the FAR’s, both predating the most recent changes to parts

1 and 33 relating to OEI ratings. The

commenter concludes that the suggested

changes would make § 33.14 more

rational and provide clarity to promote

consistent application. The commenter

also states that § 33.14 should address

rotational speed operating limits and

rotor temperatures in addition to rated

powers/thrusts.

The FAA disagrees. No changes to

§ 33.14 were proposed in either NPRM

No. 89–27 or SNPRM 89–27A. The FAA

finds that the existing § 33.14 is

adequate to address the new 30-second

OEI and 2-minute OEI ratings.

Section 33.27 Turbine, Compressor,

Fan and Turbosupercharger Rotors

Several commenters state that

proposed revisions to § 33.27, rotor

integrity, are not consistent with the

status of the discussions on rotor

integrity requirements currently ongoing

in an ARAC working group.

The FAA agrees that proposed § 33.27

is not harmonized with JAR–E. The

proposed revision to § 33.27 has been
31326 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

removed from the Final rule as the

proposal has not been completely

harmonized by the FAA (part 33) and

the JAA (JAR–E). However, the FAA

will consider additional amendments to

§ 33.27, and ARAC harmonization is

anticipated. In the interim the FAA will

address each application for type

certification that requests 30-second OEI

and 2-minute OEI ratings on a case by

case basis.

Section 33.29 Instrument Connection

One commenter states that

§ 29.1305(a)(24) requires an indication

to the pilot when the use of OEI rating

begins and when the allowed time of

this rating has expired, and the

proposed 33.29(c)(1) should have

consistent requirements.

The FAA agrees. New § 33.29(c)(1) is

changed accordingly. In addition, new

§ 33.29(c)(3) is changed to clarify the

FAA’s intent to require that each usage

of a power level at one of the new OEI

ratings is limited in duration. Therefore,

for example, as the definition of the

rating provides, 30-second OEI power is

limited to three periods of use in any

one flight following an engine failure,

and each period of use is limited to no

more than 30 seconds. Unused time

from one period of use may not be

accumulated for use during a

subsequent period. Accordingly, new

§ 33.29(c)(3) is changed to provide for a

means to record each use and the

duration of each use of power at each

rating.

Section 33.85 Calibration Tests

One commenter states that the

reference in proposed § 33.85(d) to

§§ 33.87(f) (1) through (8) should read

§ 33.87, because paragraphs (1) through

(8) of proposed § 33.87(f) relate only to

the new 30-second OEI and 2-minute

OEI ratings where proposed § 33.85(d) is

also applicable to the 21⁄2-minute OEI

rating.

The FAA disagrees. New § 33.85(d) is

intended for 30-second OEI and 2-

minute OEI ratings only, and reference

to the 21⁄2-minute OEI rating was

accidentally included in the SNPRM.

Therefore, the reference to the 21⁄2-

minute OEI rating is removed from new

§ 33.85(d).

Section 33.87 Endurance Test

One commenter questions whether,

during the additional endurance testing

introduced by proposed § 33.87 (f)(1)

through (f)(8), at least 100 percent of 30-

second OEI and 2-minute OEI rated

powers must be produced during all

such operations. The commenter states

that it appears to be the intent because

§ 33.87(a)(3) remains applicable to the

proposed § 33.87(f), yet the commenter

states that 100 percent power may only

be required for the first sequence of

proposed § 33.87(f), and not for all the

sequences.

The FAA disagrees. The 100 percent

rule of § 33.87(a)(3) applies to new

§ 33.87(f) for all sequences; no

exceptions are intended or implied.

One commenter suggests the

following for proposed § 33.87 (f)(1)

through (f)(8):

1. The test sequence described by

§ 33.87 (f)(1) through (f)(8) would be

required to be repeated eight times for

a total time of not less than 180 minutes

and would be required to be conducted

in a prescribed sequence and without

stopping during the 180 minutes total

test period.

2. The sequence during which the

length of the particular test condition

defined by § 33.87(f)(4) is increased to

sixty-five minutes would need to be redefined as: ‘‘except that during the

fourth or fifth test sequence this period

shall be sixty-five minutes.’’

The FAA disagrees. The two hour

supplementary test is to simulate a

flight scenario using 30-second and 2-

minute OEI ratings. After the initial 30-

second and 2-minute applications to

complete the takeoff or effect a rejected

takeoff and the climb out to a safe

altitude and airspeed, the engine is run

at the 30-minute or continuous OEI

rating power to maintain a safe altitude

enroute and to complete a landing of the

aircraft. The two hour cyclic test

defined in this section demonstrates the

ability of the engine to complete a safe

flight with up to three applications of

the 30-second and 2-minute OEI ratings

during one flight. The proposed changes

from the commenter are not supported

by reasonable technical justification.

Section 33.88 Engine Overtemperature

Test

One commenter suggests that the

words ‘‘steady state’’ be inserted before

the words ‘‘power-on r.p.m.’’ in

proposed § 33.88(c). The commenter

states that the words are necessary since

the test is conducted at maximum

steady state rpm limit rather than

maximum transient rpm limit. In

addition, the proposed change to

‘‘steady state’’ rpm limit and to the post

test acceptance criteria is also

applicable to engines not having

automatic temperature limiting which

are tested at 75 °F above the maximum

temperature limit.

The FAA disagrees. The

overtemperature condition associated

with usage of the 30-second OEI rating

is normally expected from over-fueling

and consequently is accompanied by an

excess rpm, not a steady state level

associated with a non-overtemperature

or a non-overboost condition.

One commenter states that use of the

words ‘‘provides an exception from the

existing requirements’’ in the preamble

for Proposal No. 10 of NPRM 89–27,

published September 22, 1989,

concerning proposed § 33.88, could be

misconstrued, and that it would have

been better to state ‘‘ * * * provides for

an alleviation from the rotational speed

and the gas temperature prescribed by

the existing requirements* * *.’’

The FAA disagrees. The commenter

does not suggest any changes to

proposed § 33.88 and the editorial

comment addresses the wording

preference in the preamble only.

One commenter states that the last

sentence of proposed § 33.88(c) should

read as follows: ‘‘Following this run, the

turbine assembly may exceed

serviceable limits, provided there is no

evidence of imminent failure. The

applicant may be required to show there

is no evidence of imminent failure by

analysis or test’’. Another commenter

states that current JAR–E has no direct

equivalent to the 5 minute tests of either

the existing § 33.88 or proposed

§ 33.88(a). Proposed § 33.88 (b) and (c),

which make provision for 5 minute or

4 minute over-temperature test for 30-

second OEI ratings, will be considered

by the JAA as a possible basis for a

revision to JAR–E. However, this will be

in addition to complying with the

existing turbine rotor overtemperature

requirement of JAR–E, C4–6, paragraph

22. The commenter also suggests that

proposed § 33.88 (b) and (c) should

include a requirement that the worst

case intended flight profile must be

assumed to include at least a further two

applications of 30-second OEI power,

each followed by an application of 2

minute OEI power for consistency of

interpretation and compatibility with

usage rational for these particular OEI

ratings, as stated in the ‘‘Background’’ of

NPRM 89–27.

The FAA disagrees. The intent of the

post-test requirements is to assure that

after the overtemperature test, the

engine is suitable for continued service

use to complete the worst case intended

flight profile associated with the

application of the 30-second OEI power

rating. Although the worst case scenario

may include at lease two additional

applications of both 30-second OEI

power and 2-minute OEI power, the last

sentence of revised § 33.88(b) and

revised § 33.88(c) will permit the FAA,

on a case by case assessment, to apply

the best engineering judgment for each

given engine type design tested.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31327

Two commenters state that the FAA is

proposing a certification standard for

rotorcraft engines with a temperature

limiter that differs from the standard for

all other type engines. The commenters

conclude that if a temperature limiter

principle is acceptable for rotorcraft

engines, it should also be acceptable for

other gas turbine engines and for other

engine ratings. Therefore, the proposal

should be changed to apply generally

and not just to 30-second and 2-minute

OEI ratings.

The FAA disagrees. The FAA

considers that this comment is beyond

the scope of this rulemaking, which

addresses only certification standards

for rotorcraft engines. The FAA may

consider further rulemaking to revise

§ 33.88 for other gas turbine engine

certifications.

One commenter states that the

overtemperature subject has been

incorporated into the harmonization

effort and requests that the FAA clearly

indicate the intent to harmonize

certification standards related to

overtemperature.

The FAA agrees. The FAA will

continue to support the ongoing

harmonization effort toward the

overtemperature test rule with the JAA

through the ARAC. However, the

proposed overtemperature test

requirements in the SNPRM for 30-

second and 2-minute OEI ratings are

published as an addition to the existing

rule based on the comments received. It

is anticipated that the ARAC will

recommend the adoption of the

overtemperature test for these new

ratings in their draft proposals.

Section 33.90 Initial Maintenance

Inspection

One commenter suggests that the

interpretation of the current § 33.90

needs to clearly define the requirements

in that section for engines that

incorporate the new OEI rated power

levels, and that an advisory circular

must be published together with this

Final rule.

The FAA disagrees. The FAA should

not delay publication of this Final rule

pending the development of new

advisory material. The FAA plans to

issue to the advisory material as soon as

practical.

Section 33.93 Teardown Inspection

One commenter states that in

proposed § 33.93, there is an ‘‘and’’

which they believe should be an ‘‘or’’ in

the first sentence of proposed § 33.93(c),

so that the fifth and sixth lines would

read: ‘‘the endurance testing of § 33.87

(b) or (c) or (d) or (e) or this part and

followed * * *’’. This change is needed

because proposed 33.87(a) states: ‘‘for

engines tested under paragraphs (b), (c),

(d) or (e) of this section * * *’’ and the

new § 33.87(f) reads: ‘‘and following

completion of the tests under

paragraphs (b), (c), (d) or (e) of this

section * * *’’.

The FAA agrees. The changes to

revised § 33.93 are made.

Regulatory Evaluation Summary

Changes to the federal regulations

must undergo several economic

analyses. First, Executive Order 12866

directs Federal agencies to promulgate

new regulations or modify existing

regulations only if the potential benefits

to society outweigh the potential costs.

Second, the Regulatory Flexibility Act

of 1980 requires agencies to analyze the

economic impact of regulatory changes

on small entities. Finally, the Office of

Management and Budget directs

agencies to assess the effects of

regulatory changes on international

trade. In conducting these assessments,

the FAA has determined that this rule:

(1) Will generate benefits exceeding its

costs and is not ‘‘significant’’ as defined

in Executive Order 12866; (2) is not

‘‘significant’’ as defined in DOT’s

Policies and Procedures; (3) will not

have a significant impact on a

substantial number of small entities;

and (4) will not restrain international

trade. These analyses are available in

the docket.

The new OEI power ratings will afford

rotorcraft manufacturers the opportunity

to install higher rated engines in their

products. The principal operational

benefits will be the ability to carry

higher payloads from existing fields or

to takeoff from smaller fields with

current payloads, which should enable

more Category B operators to use their

rotorcraft for Category A operations, and

also increase the potential for all

operators to use more efficient and

profitable routes.

The testing costs associated with

obtaining these ratings should be

viewed as the price of an additional

capability and would be evaluated by

the manufacturer based on market

potential. It is not possible to quantify

the extent of the net operational benefits

that will be realized by the operators

because the number of products that

will be certificated to this standard

cannot be predicted. The FAA is able to

conclude, however, that the rule will

not have a negative economic impact on

manufacturers or operators. Because

these are optional ratings,

manufacturers will provide this

capability only if the additional costs

can be recovered in the marketplace.

Safety after an engine failure under

the provisions of this rule will be as test

equivalent to operational safety under

the previous regulations. This

assessment is based on the requirement

for an engine inspection following one

mission cycle of either the 30-second or

2-minute OEI power levels. All engine

parts that may not be suitable for further

use must be discarded and replaced in

order to maintain the continued

airworthiness of the engine. The

existing minimum level of engine

airworthiness will be maintained under

this rule by virtue of new and existing

design, analysis, and test certification

requirements. In summary, the FAA

finds that the benefits of this rule will

exceed the costs.

International Trade Impact Analysis

These rule changes will have little or

no impact on trade for both U.S. firms

doing business in foreign countries and

foreign firms doing business in the

United States. In the U.S. market,

foreign manufacturers will have the

option of designing engines and

helicopters capable of satisfying the new

OEI ratings and therefore will not be at

a competitive disadvantage with U.S.

manufacturers. Because of the large U.S.

market, foreign manufacturers are likely

to certify their rotorcraft to U.S. rules,

which will limit any competitive

advantage U.S. manufacturers might

gain in foreign markets.

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 Government regulations.

The RFA requires a Regulatory

Flexibility Analysis if a rule would have

a significant economic impact, either

detrimental or beneficial, on a

substantial number of small entities.

FAA order 2100.14A, Regulatory

Flexibility Criteria and Guidance,

establishes threshold cost values and

small entity size standards for

complying with RFA review

requirements in FAA rulemaking

actions. A review of domestic engine

manufacturers indicates that none meets

the minimum size threshold. As such,

the FAA has determined that this rule

will not have significant economic

impact on a substantial number of small

entities.

Federalism Implications

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and
31328 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this regulation does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Conclusion

For the reasons discussed in the

preamble, and based on the findings in

the Regulatory Flexibility Determination

and the International Trade Impact

Analysis, the FAA has determined that

this regulation is not a significant

regulatory action under Executive Order

12866. In addition, the FAA certifies

that these amendments do not have a

significant economic impact, positive or

negative, on a substantial number of

small entities under the criteria of the

Regulatory Flexibility Act. These

amendments are considered

nonsignificant under DOT Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979). A regulatory

evaluation of the amendments,

including a Regulatory Flexibility

Determination and Trade Impact

Analysis, has been placed in the docket.

A copy may be obtained by contacting

the person identified under FOR FURTHER

INFORMATION CONTACT.

List of Subjects

14 CFR Part 1

Airmen, Flights, Balloons, Parachutes,

Aircraft Pilots, Pilots Transportation,

Agreements, Kites, Air Safety, Safety,

Aviation Safety, Air Transportation, Air

Carriers, Aircraft, Airports, Airplanes,

Helicopters, Rotorcraft, Heliports,

Engines, Ratings.

14 CFR Part 33

Engines, Rotorcraft, Air

Transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Amendments

Accordingly, The Federal Aviation

Administration (FAA) amends 14 CFR

part 1 and part 33 as follows:

PART 1—DEFINITIONS AND

ABBREVIATIONS

1. The authority citation for part 1

continues to read as follows:

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

2. Section 1.1 is amended by adding

the definitions in alphabetical order of

‘‘Rated 30-Second OEI Power’’ and

‘‘Rated 2-Minute OEI Power’’ to read as

follows:

§ 1.1 General Definitions.

* * * * *

Rated 30-second OEI power, with

respect to rotorcraft turbine engines,

means the approved brake horsepower

developed under static conditions at

specified altitudes and temperatures

within the operating limitations

established for the engine under part 33

of this chapter, for continued one-flight

operation after the failure of one engine

in multiengine rotorcraft, limited to

three periods of use no longer than 30

seconds each in any one flight, and

followed by mandatory inspection and

prescribed maintenance action.

Rated 2-minute OEI power, with

respect to rotorcraft turbine engines,

means the approved brake horsepower

developed under static conditions at

specified altitudes and temperatures

within the operating limitations

established for the engine under part 33

of this chapter, for continued one-flight

operation after the failure of one engine

in multiengine rotorcraft, limited to

three periods of use no longer than 2

minutes each in any one flight, and

followed by mandatory inspection and

prescribed maintenance action.

* * * * *

PART 33—AIRWORTHINESS

STANDARDS: AIRCRAFT ENGINES

3. The authority citation for part 33

continues to read as follows:

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

44702, 44704.

4. Section 33.7 is amended by

redesignating paragraph (c)(1)(viii) as

(c)(1)(x); by revising newly redesignated

(c)(1)(x); and by adding new paragraphs

(c)(1)(viii) and (c)(1)(ix) to read as

follows:

§ 33.7 Engine ratings and operating

limitations.

* * * * *

(c) * * *

(1) * * *

(viii) Rated 2-minute OEI power;

(ix) Rated 30-second OEI power; and

(x) Auxiliary power unit (APU) mode

of operation.

* * * * *

5. Section 33.29 is amended by

adding new paragraph (c) as follows:

§ 33.29 Instrument connection.

* * * * *

(c) Each rotorcraft turbine engine

having a 30-second OEI rating and a 2-

minute OEI rating must have a provision

for a means to:

(1) Alert the pilot when the engine is

at the 30-second OEI and the 2-minute

OEI power levels, when the event

begins, and when the time interval

expires;

(2) Determine, in a positive manner,

that the engine has been operated at

each rating; and

(3) Automatically record each usage

and duration of power at each rating.

6. Section 33.67 is amended by

adding new paragraph (d) as follows:

§ 33.67 Fuel system.

* * * * *

(d) Engines having a 30-second OEI

rating must incorporate means for

automatic availability and automatic

control of a 30-second OEI power.

7. Section 33.85 is amended by

adding new paragraphs (c) and (d) as

follows:

§ 33.85 Calibration tests.

* * * * *

(c) In showing compliance with this

section, each condition must stabilize

before measurements are taken, except

as permitted by paragraph (d) of this

section.

(d) In the case of engines having 30-

second OEI, and 2-minute OEI ratings,

measurements taken during the

applicable endurance test prescribed in

§ 33.87(f) (1) through (8) may be used in

showing compliance with the

requirements of this section for these

OEI ratings.

8. Section 33.87 is amended by

revising the introductory text of

paragraph (a) and paragraph (a)(8); by

redesignating paragraph (f) as paragraph

(g); by revising the reference ‘‘(e)(2) (ii)

through (iv)’’ to read ‘‘(g)(2) (ii) through

(iv)’’ in newly designated paragraph

(g)(2)(i), by revising the reference

‘‘(e)(2)(i)’’ to read ‘‘(g)(2)(i)’’ in newly

designated paragraph ‘‘(g)(2)(ii)’’; by

revising the reference ‘‘(e)(2)(i)’’ to read

‘‘(g)(2)(i)’’ in newly designated

paragraph ‘‘(g)(2)(iii)’’; by revising the

reference ‘‘(e)(2) (i) and (ii)’’ to read

‘‘(g)(2) (i) and (ii)’’ in newly designated

paragraph (g)(2)(iv); and by adding a

new paragraph (f) to read as follows:

§ 33.87 Endurance test.

(a) General. Each engine must be

subjected to an endurance test that

includes a total of at least 150 hours of

operation and, depending upon the type

and contemplated use of the engine,

consists of one of the series of runs

specified in paragraphs (b) through (g)

of this section, as applicable. For

engines tested under paragraphs (b), (c),

(d), (e) or (g) of this section, the

prescribed 6-hour test sequence must be

conducted 25 times to complete the

required 150 hours of operation.

Engines for which the 30-second OEI

and 2-minute OEI ratings are desired

must be further tested under paragraph
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31329

(f) of this section. The following test

requirements apply:

* * * * *

(8) If the number of occurrences of

either transient rotor shaft overspeed or

transient gas overtemperature is limited,

that number of the accelerations

required by paragraphs (b) through (g) of

this section must be made at the

limiting overspeed or overtemperature.

If the number of occurrences is not

limited, half the required accelerations

must be made at the limiting overspeed

or overtemperature.

* * * * *

(f) Rotorcraft engines for which 30-

second OEI and 2-minute OEI ratings

are desired. For each rotorcraft engine

for which 30-second OEI and 2-minute

OEI power ratings are desired, and

following completion of the tests under

paragraphs (b), (c), (d), or (e) of this

section, the applicant may disassemble

the tested engine to the extent necessary

to show compliance with the

requirements of § 33.93(a). The tested

engine must then be reassembled using

the same parts used during the test runs

of paragraphs (b), (c), (d), or (e) of this

section, except those parts described as

consumables in the Instructions for

Continued Airworthiness. The applicant

must then conduct the following test

sequence four times, for a total time of

not less than 120 minutes:

(1) Takeoff power. Three minutes at

rated takeoff power.

(2)30-second OEI power. Thirty

seconds at rated 30-second OEI power.

(3) 2-minute OEI power. Two minutes

at rated 2-minute OEI power.

(4) 30-minute OEI power, continuous

OEI power, or maximum continuous

power. Five minutes at rated 30-minute

OEI power, rated continuous OEI power,

or rated maximum continuous power,

whichever is greatest, except that,

during the first test sequence, this

period shall be 65 minutes.

(5) 50 percent takeoff power. One

minute at 50 percent takeoff power.

(6) 30-second OEI power. Thirty

seconds at rated 30-second OEI power.

(7) 2-minute OEI power. Two minutes

at rated 2-minute OEI power.

(8) Idle. One minute at idle.

* * * * *

9. Section 33.88 is revised to read as

follows:

§ 33.88 Engine overtemperature test.

(a) Each engine must run for 5

minutes at maximum permissible rpm

with the gas temperature at least 75 °F

(42 °C) higher than the maximum

rating’s steady-state operating limit,

excluding maximum values of rpm and

gas temperature associated with the 30-

second OEI and 2-minute OEI ratings.

Following this run, the turbine assembly

must be within serviceable limits.

(b) Each engine for which 30-second

OEI and 2-minute OEI ratings are

desired, that does not incorporate a

means to limit temperature, must be run

for a period of 5 minutes at the

maximum power-on rpm with the gas

temperature at least 75 °F (42 °C) higher

than the 30-second OEI rating operating

limit. Following this run, the turbine

assembly may exhibit distress beyond

the limits for an overtemperature

condition provided the engine is shown

by analysis or test, as found necessary

by the Administrator, to maintain the

integrity of the turbine assembly.

(c) Each engine for which 30-second

OEI and 2-minute OEI ratings are

desired, that incorporates a means to

limit temperature, must be run for a

period of 4 minutes at the maximum

power-on rpm with the gas temperature

at least 35 °F (20 °C) higher than the

maximum operating limit. Following

this run, the turbine assembly may

exhibit distress beyond the limits for an

overtemperature condition provided the

engine is shown by analysis or test, as

found necessary by the Administrator,

to maintain the integrity of the turbine

assembly.

(d) A separate test vehicle may be

used for each test condition.

10. Section 33.93 is revised to read as

follows:

§ 33.93 Teardown inspection.

(a) After completing the endurance

testing of § 33.87 (b), (c), (d), (e), or (g)

of this part, each engine must be

completely disassembled, and

(1) Each component having an

adjustment setting and a functioning

characteristic that can be established

independent of installation on the

engine must retain each setting and

functioning characteristic within the

limits that were established and

recorded at the beginning of the test;

and

(2) Each engine part must conform to

the type design and be eligible for

incorporation into an engine for

continued operation, in accordance with

information submitted in compliance

with § 33.4.

(b) After completing the endurance

testing of § 33.87(f), each engine must be

completely disassembled, and

(1) Each component having an

adjustment setting and a functioning

characteristic that can be established

independent of installation on the

engine must retain each setting and

functioning characteristic within the

limits that were established and

recorded at the beginning of the test;

and

(2) Each engine may exhibit

deterioration in excess of that permitted

in paragraph (a)(2) of this section

including some engine parts or

components that may be unsuitable for

further use. The applicant must show by

analysis and/or test, as found necessary

by the Administrator, that structural

integrity of the engine including

mounts, cases, bearing supports, shafts,

and rotors, is maintained; or

(c) In lieu of compliance with

paragraph (b) of this section, each

engine for which the 30-second OEI and

2-minute OEI ratings are desired, may

be subjected to the endurance testing of

§§ 33.87 (b), (c), (d), or (e) of this part,

and followed by the testing of § 33.87(f)

without intervening disassembly and

inspection. However, the engine must

comply with paragraph (a) of this

section after completing the endurance

testing of § 33.87(f).

Issued in Washington, DC, on May 30,

1996.

David R. Hinson,

Administrator.

[FR Doc. 96–14083 Filed 6–18–96; 8:45 am]

BILLING CODE 4910–13–M