[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Rules and Regulations]
[Pages 48119-48125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18936]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1 and 33

[Docket No.: FAA-2007-27899; Amendment No. 33-25]
RIN 2120-AI96


Airworthiness Standards: Rotorcraft Turbine Engines One-Engine-
Inoperative (OEI) Ratings, Type Certification Standards

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The Federal Aviation Administration (FAA) is amending the One-
Engine-Inoperative (OEI) rating definitions and type certification 
standards for 30-second OEI, 2-minute OEI, and 30-minute OEI ratings 
for rotorcraft turbine engines. This action revises the ratings' 
standards to reflect recent analyses of the ratings' use and lessons 
learned from completed engine certifications and service experience. 
This rule harmonizes FAA type certification standards for these ratings 
with the requirements of the European Aviation Safety Agency in the 
Certification Specifications for Engines and with proposed requirements 
for Transport Canada Civil Aviation, thus simplifying airworthiness 
approvals for import and export.

DATES: This amendment becomes effective October 17, 2008.

FOR FURTHER INFORMATION CONTACT: Dorina Mihail, Engine and Propeller 
Standards Staff, ANE-110, Engine and Propeller Directorate, Aircraft 
Certification Service, FAA, New England Region, 12 New England 
Executive Park, Burlington, Massachusetts 01803-5229; (781) 238-7153; 
facsimile: (781) 238-7199; e-mail: <a href="/cdn-cgi/l/email-protection#066269746f6867286b6f6e676f6a4660676728616970"><span class="__cf_email__" data-cfemail="98fcf7eaf1f6f9b6f5f1f0f9f1f4d8fef9f9b6fff7ee">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce, including minimum safety 
standards for aircraft engines. This rule is within the scope of that 
authority because it updates the existing regulations for type 
certification standards for OEI ratings for rotorcraft turbine engines.

Background

    On May 4, 2007, the FAA published a notice of proposed rulemaking 
(NPRM) titled ``Airworthiness Standards: Rotorcraft Turbine Engines 
One-Engine-Inoperative (OEI) Ratings, Type Certification Standards'' 
(72 FR 25207). The comment period for the NPRM closed on August 2, 
2007.
    The OEI power ratings provide rotorcraft with higher than takeoff 
and maximum continuous power ratings needed when one engine of a multi-
engine rotorcraft fails or is shut down during flight, such as during 
takeoff, cruise, or landing. These OEI power rating powers enable the 
rotorcraft to continue safe flight until it reaches a suitable landing 
site. Part 33 prescribes airworthiness standards for 30-second OEI, 2-
minute OEI, 2\1/2\-minute OEI, 30-minute OEI, and continuous OEI 
ratings for the issuance of type certificates for rotorcraft turbine 
engines. All OEI ratings are optional ratings that engine manufacturers 
may select from those specified in Sec.  33.7.
    This final rule harmonizes with the corresponding airworthiness 
standards for OEI ratings of the European Aviation Safety Agency (EASA) 
without reducing the existing level of safety.

Summary of Comments

    Three commenters, including a turbine engine manufacturer, General 
Electric (GE); a foreign aviation authority, Transport Canada Civil 
Aviation (TCCA); and an industry association, Aerospace Industries 
Association (AIA); responded to the NPRM request for comments. The GE 
and AIA comments are identical. TCCA had a number of comments. All of 
the commenters generally supported the proposed changes. All comments 
included suggested changes, as discussed in the discussion of the final 
rule below.

[[Page 48120]]

    The FAA received comments on the following general areas of the 
proposal:

<bullet> Instrument connection.
<bullet> Fuel system.
<bullet> Endurance test.
<bullet> Engine overtemperature test.
<bullet> Airworthiness Limitations Section.

Discussion of the Final Rule

    Below is a more detailed discussion of the rule as it relates to 
the comments on the proposal.

Instrument Connection

    We revised Sec.  33.29(c) to specify that the applicant must 
provide a means or a provision for a means to satisfy the requirements 
for the use of the defined 30-second OEI and 2-minute OEI ratings. The 
applicant, for example an engine manufacturer, may satisfy ``a means'' 
by providing a recorder to record entry into the OEI power bands. 
Alternatively, the applicant may fulfill ``a provision for a means'' by 
specifying that the installer provide a recorder to record entry into 
the OEI power bands. We also added a new Sec.  33.29(c)(4) to specify 
the requirements for verification of the proper operation of 
indicating, recording, and retrieval systems.
    The TCCA commented that existing Sec.  33.29(c) should not be 
changed because full compliance to crew interface would be difficult to 
achieve at engine certification. The TCCA claimed the proposed changes 
to Sec.  33.29(c) are redundant to the requirements of Sec. Sec.  
27.1305 and 29.1305.
    We believe the requirement for the engine to have either a means or 
a provision for a means is engine specific and can be met at engine 
certification. Advisory circulars will provide further guidance. The 
FAA harmonized this change with EASA's rule. Section 33.29(c) is 
adopted without change.
    We also proposed to add Sec.  33.29(d) which limits resetting the 
recordings required by paragraph (c) to only while on the ground.
    The TCCA believes that compliance to proposed Sec.  33.29(d) can 
only be found at rotorcraft, not engine, certification and this 
section, therefore, should not be part of engine requirements.
    The FAA partially agrees with this comment. We determined that 
Sec.  33.29(d) should apply to Sec.  33.29(c)(2) and (c)(3) but not to 
Sec.  33.29(c)(1) and (c)(4). Specifically, we found that in-flight 
resetting of the pilot alert required under (c)(1) and the routine 
verification required under (c)(4) should not be addressed by engine 
regulations. We retained the Sec.  33.29(d) requirement that recordings 
under (c)(2) and (c)(3) should not be reset in-flight because we find 
these requirements should be met at engine certification. We, 
therefore, modified Sec.  33.29(d) in the final rule to refer only to 
Sec.  33.29(c)(2) and (c)(3).

Fuel System

    We proposed a revision to Sec.  33.67(d) to clarify the intent of 
``automatic control'' of the 30-second OEI power is to control the 
engine operating conditions, which should not exceed the engine's 
operating limits. We clarified in the preamble of the NPRM that the 
applicant's design, however, should not limit the time interval at 
which OEI power is used. This design feature enables the pilot to 
exceed OEI time limits to safely land the rotorcraft in an in-flight 
emergency as permitted by Sec.  91.3(b).
    GE requested clarification that the OEI power limit can be exceeded 
in the event of an emergency under the requirements of Sec.  33.67(d).
    The intent of Sec.  33.67(d) is that use of 30-second OEI power 
should be subject to automatic control and should not be exceeded. This 
automatic control requirement is intended to avoid the need for the 
pilot to monitor engine parameters, such as output shaft torque or 
power, output shaft speed, gas producer speed, and gas path temperature 
during OEI operation. Once the automatic control system is activated, 
it automatically controls the 30-second OEI power and prevents the 
engine from exceeding its specified operating limits. Section 33.67(d) 
is adopted as proposed.

Endurance Test

    The amended Sec.  33.87 reduces test complexity and adds test 
flexibility under the revisions to Sec.  33.87(a); harmonizes the test 
schedule under Sec.  33.87(c) with that of the Certification 
Specifications for Engines (CS-E); and clarifies the test schedule and 
test sequence under Sec.  33.87(f).
    We proposed to revise Sec.  33.87(a)(5) so the maximum air bleed 
for engine and aircraft services under Sec.  33.87(a)(5) need not be 
used for the final 120-minute test required under Sec.  33.87(f)(1) 
through (f)(8) if the applicant can show by testing, or analysis based 
on testing, that the validity of the endurance test is preserved. This 
proposed revision was intended to reduce test complexity and improve 
the flexibility needed to attain the key parameters (speed, temperature 
and torque) during the tests.
    We also proposed to revise Sec.  33.87(a)(6) to allow the applicant 
to run the final 120-minute test under Sec. Sec.  33.87(f)(1) through 
(f)(8) without loading the accessory drives and mounting attachments if 
the applicant can substantiate that the durability of any accessory 
drive or engine component is not significantly affected.
    The TCCA commented that Sec.  33.87(a)(5) should not require the 
maximum air bleed and Sec.  33.87(a)(6) should not require loading of 
accessory drive and mounting attachments to be part of the test 
configuration for Sec.  33.87(f) test sequences. The TCCA recommended 
changes to Sec.  33.87(a)(5) and (a)(6) that do not mention ``120-
minute,'' which is the minimum time duration of the test required under 
paragraph (f).
    We have revised Sec.  33.87(a)(5) and (a)(6) in the final rule by 
removing references to ``120-minute.'' These changes clarify the 
exceptions specified in Sec.  33.87(a)(5) and (a)(6) are for the entire 
test duration performed under Sec.  33.87(f).
    GE recommended changes to Sec.  33.87 it believes would ensure FAA 
requirements are not more severe than EASA's for the endurance test 
requirements under Sec.  33.87(a)(3) and (a)(7).
    We find that GE's recommendation would substantially affect Sec.  
33.87 requirements for all non-OEI engine ratings. Such a change is 
beyond the scope of this rule.

Engine Overtemperature Test

    We proposed to revise Sec.  33.88(a) to clarify that these 
requirements apply to all engine ratings, including all OEI ratings 
other than the 30-second and 2-minute OEI ratings, regardless of 
whether the engine is equipped with an automatic temperature control.
    The TCCA disagreed with our proposed change to Sec.  33.88(a) 
because it claimed the proposed new language could result in more tests 
being performed than is intended by the proposal.
    We agree that the proposed language in Sec.  33.88(a) could be 
interpreted to also apply to 30-second and 2-minute OEI ratings and 
result in unintended testing. We are, therefore, withdrawing the 
proposed change to Sec.  33.88(a). We have, however, revised Sec.  
33.88(b) in the final rule to clarify that testing under Sec.  33.88(a) 
applies to all engine ratings, except for 30-second OEI and 2-minute 
OEI ratings.
    The TCCA commented that Sec. Sec.  33.88(b) and 33.93(b)(2) should 
refer to ``mandatory inspections and maintenance actions.''
    We find that Sec.  33.4 and Appendix A to Part 33 adequately 
reference mandatory inspections and maintenance actions.

[[Page 48121]]

Airworthiness Limitations Section, Appendix A

    We are revising Appendix A, Section A33.4, Airworthiness 
Limitations Section (ALS), by adding a new paragraph for rotorcraft 
engines having 30-second OEI and 2-minute OEI ratings. For these 
engines, we require the applicant to prescribe mandatory post-flight 
inspection and maintenance actions in the ALS of the Instructions for 
Continued Airworthiness following the use of these ratings. In order to 
harmonize with CS-E 25, we are requiring the applicant to create a 
mandatory in-service engine evaluation program to ensure continued 
adequacy of the airworthiness instructions for the engines.
    The 30-second OEI and 2-minute OEI ratings allow for limited use in 
service followed by mandatory inspection and maintenance. These ratings 
assume some engine parts or components may not be suitable for further 
use and will need to be replaced after the application of these 
ratings. The mandatory inspections and maintenance actions following 
the use of 30-second OEI or 2-minute OEI ratings must (1) identify and 
correct any component distress that could significantly reduce 
subsequent engine reliability or prevent the engine from achieving 30-
second OEI and 2-minute OEI power ratings; and (2) maintain the engine 
in condition for safe OEI flight. The applicant must validate the 
adequacy of the required inspections and maintenance actions.
    The TCCA commented that the requirements for validation of 
inspection and maintenance actions should not be included in paragraph 
(b)(1) of A33.4 but under Sec.  33.90.
    The FAA partially agrees. We find the requirement for validation of 
inspection and maintenance actions is more appropriate in the ALS. 
Section 33.90 establishes when the initial maintenance inspection is 
required. We revised proposed paragraphs in A33.4(b) to separate the 
ALS content requirements from the validation requirements. We revised 
A33.4(b) into these separate requirements: Paragraph (b)(1) specifies 
the content of the ALS and paragraph (b)(2) specifies the validation 
requirements. We redesignated proposed (b)(2) as (b)(3) and revised 
(b)(3) to reference (b)(1) for the requirements related to the 
instructions for mandatory post-flight inspection and maintenance 
actions.
    The TCCA also commented that it is inappropriate to place an in-
service engine evaluation program in the airworthiness requirements of 
A33.4 as this would become an ``open issue'' at engine type 
certification. The TCCA recommends instead that this program be 
described in an advisory circular as an acceptable means of compliance.
    We intend that the applicant should submit an in-service engine 
evaluation program at engine certification, and that this program 
should have provisions for the applicant to continue its evaluation 
throughout the service life of the engine. We note that this 
requirement harmonizes with CS-E 25 and is unlikely to become a 
certification issue.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined there is 
no current or new requirement for information collection associated 
with this amendment.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these regulations.

Economic Assessment, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    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 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, the Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows:
    This final rule codifies existing certification practices while 
maintaining the existing level of safety. The existing certification 
practices reflect the ratings' use and lessons learned from completed 
engine certifications and service experience.
    The final rule also harmonizes the FAA standards with those of 
EASA. Presently, engine manufacturers must satisfy both United States 
and European requirements to certify and market part 33 engines in both 
the United States and in Europe. Meeting two sets of certification 
requirements raises the cost of development often with no increase in 
safety. In the interest of fostering international trade, lowering the 
cost of development, and making the certification process more 
efficient, the FAA, EASA, and manufacturers have worked to create to 
the maximum possible extent a single set of certification requirements 
accepted in both the United States and Europe.
    This final rule harmonizes FAA type certification standards for OEI 
ratings with the requirements already in existence in Europe, thus 
simplifying airworthiness approvals for import and export. The FAA has 
not attempted to quantify the cost savings that may accrue due to 
harmonization of this rule, beyond noting that they will contribute to 
certification and validation savings. There is also potential for 
increased safety by having clearer and more explicit regulations. In 
addition, safety after an engine failure or shutdown under the 
requirements contained in this final rule will be at least equivalent 
to safety under the previous requirements and certification practices. 
We received no comments regarding our initial minimal cost 
determination in the NPRM, and arrive at the same minimal cost 
determination for this final rule.

[[Page 48122]]

    Currently, manufacturers that hold OEI ratings are: General 
Electric Aircraft Engines, Rolls-Royce Corporation (Indiana), Light 
Helicopter Turbine Engine Company (LHTEC), and Honeywell International, 
Inc. These manufacturers also seek validation in Europe. For example, 
the General Electric CT7-8 series turbine engine was validated in 
Europe in November 2004. Because all existing manufacturers with OEI 
ratings also seek validation in Europe, where the requirements of this 
final rule are already in place, it codifies common industry business 
practice.
    Because this final rule codifies existing certification practices 
while maintaining the existing level of safety, we have determined that 
this final rule is not a ``significant regulatory action'' as defined 
in section 3(f) of Executive Order 12866, and is not ``significant'' as 
defined in DOT's Regulatory Policies and Procedures. The benefits of 
this final rule justify the costs and the existing level of safety will 
be preserved.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    In the Initial Regulatory Flexibility Determination, we found that 
there would not be a significant economic impact on a substantial 
number of small entities. There were no comments on our initial 
regulatory flexibility determination.
    Using the Small Business Administration Size Standards, we find 
that there are no small business manufacturers who hold OEI ratings. In 
addition, this rule reduces certification costs. Because this rule 
reduces costs and no small businesses are affected, our final 
regulatory flexibility determination is that this rule will not have a 
significant economic impact on a substantial number of small entities.
    Therefore, as the Acting FAA Administrator, I certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. Legitimate domestic objectives, such as safety, are 
not considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards.
    This final rule considers and incorporates an international 
standard as the basis of an FAA regulation. Thus this final rule 
complies with the Trade Agreements Act of 1979 and does not create 
unnecessary obstacles to international trade.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $136.1 million in lieu of $100 
million.
    The FAA has assessed the potential effect of this final rule and 
determined that it does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and, therefore, does not have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312f and involves no extraordinary 
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register

[[Page 48123]]

published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or 
you may visit http://DocketsInfo.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. If you are a small entity and you have a 
question regarding this document, you may contact your local FAA 
official, or the person listed under the FOR FURTHER INFORMATION 
CONTACT heading at the beginning of the preamble. You can find out more 
about SBREFA on the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 1

    Air transportation, Aircraft, Aviation safety, Engines, 
Helicopters, Ratings, Rotorcraft, Safety.

14 CFR Part 33

    Air transportation, Aircraft, Aviation safety, Engines, Ratings, 
Rotorcraft, Safety.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends parts 1 and 33 of Title 14, Code of Federal Regulations as 
follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

0
1. The authority citation for part 1 continues to read as follows:

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


0
2. Amend Sec.  1.1 by revising the definitions for ``Rated 30-second 
OEI power,'' ``Rated 2-minute OEI power,'' ``Rated continuous OEI 
power,'' ``Rated 30-minute OEI power,'' and ``Rated 2\1/2\-minute OEI 
power,'' to read as follows:


Sec.  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 continuation of one flight operation after the failure or shutdown 
of one engine in multiengine rotorcraft, for up 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 continuation of one flight operation after the failure or shutdown 
of one engine in multiengine rotorcraft, for up to three periods of use 
no longer than 2 minutes each in any one flight, and followed by 
mandatory inspection and prescribed maintenance action.
    Rated continuous 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, 
and limited in use to the time required to complete the flight after 
the failure or shutdown of one engine of a multiengine rotorcraft.
* * * * *
    Rated 30-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, 
and limited in use to one period of use no longer than 30 minutes after 
the failure or shutdown of one engine of a multiengine rotorcraft.
    Rated 2\1/2\-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 periods of use no longer than 2\1/2\ minutes each after the failure 
or shutdown of one engine of a multiengine rotorcraft.
* * * * *

PART 33--AIRWORTHINESS STANDARDS: AIRCRAFT ENGINES

0
3. The authority citation for part 33 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.


0
4. Amend Sec.  33.5 to add a new paragraph (b)(4) to read as follows:


Sec.  33.5  Instruction manual for installing and operating the engine.

* * * * *
    (b) * * *
    (4) For rotorcraft engines having one or more OEI ratings, 
applicants must provide data on engine performance characteristics and 
variability to enable the aircraft manufacturer to establish aircraft 
power assurance procedures.
* * * * *

0
5. Amend Sec.  33.29 by revising paragraph (c) and adding paragraph (d) 
to read as follows:


Sec.  33.29  Instrument connection.

* * * * *
    (c) Each rotorcraft turbine engine having a 30-second OEI rating 
and a 2-minute OEI rating must have a means or 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) Automatically record each usage and duration of power at the 
30-second OEI and 2-minute OEI levels;
    (3) Alert maintenance personnel in a positive manner that the 
engine has been operated at either or both of the 30-second and 2-
minute OEI power levels, and permit retrieval of the recorded data; and
    (4) Enable routine verification of the proper operation of the 
above means.
    (d) The means, or the provision for a means, of paragraphs (c)(2) 
and (c)(3) of this section must not be capable of being reset in 
flight.

0
6. Revise Sec.  33.67(d) to read as follows:


Sec.  33.67  Fuel system.

* * * * *
    (d) Rotorcraft engines having a 30-second OEI rating must 
incorporate a means, or a provision for a means, for automatic 
availability and automatic control of the 30-second OEI power within 
its operating limitations.

0
7. Amend Sec.  33.87 by:
0
A. Redesignating paragraphs (c)(2) and paragraphs (c)(4) through (c)(6) 
as paragraphs (c)(4) through (c)(7);
0
B. By adding new paragraph (c)(2); and
0
C. By revising paragraphs (a)(5), (a)(6), (c)(3), newly redesignated 
paragraphs (c)(4) through (c)(7), (f) introductory text, (f)(4) and 
(f)(8) to read as follows:


Sec.  33.87  Endurance test.

    (a) * * *
    (5) Maximum air bleed for engine and aircraft services must be used 
during at least one-fifth of the runs, except for the test required 
under paragraph (f) of this section, provided the validity of the test 
is not compromised. However, for these runs, the power or thrust or the 
rotor shaft rotational speed may be less than 100 percent of the value 
associated with the particular operation being tested if the FAA finds 
that the validity of the endurance test is not compromised.

[[Page 48124]]

    (6) Each accessory drive and mounting attachment must be loaded in 
accordance with paragraphs (a)(6)(i) and (ii) of this section, except 
as permitted by paragraph (a)(6)(iii) of this section for the test 
required under paragraph (f) of this section.
    (i) The load imposed by each accessory used only for aircraft 
service must be the limit load specified by the applicant for the 
engine drive and attachment point during rated maximum continuous power 
or thrust and higher output.
    (ii) The endurance test of any accessory drive and mounting 
attachment under load may be accomplished on a separate rig if the 
validity of the test is confirmed by an approved analysis.
    (iii) The applicant is not required to load the accessory drives 
and mounting attachments when running the tests under paragraphs (f)(1) 
through (f)(8) of this section if the applicant can substantiate that 
there is no significant effect on the durability of any accessory drive 
or engine component. However, the applicant must add the equivalent 
engine output power extraction from the power turbine rotor assembly to 
the engine shaft output.
* * * * *
    (c) * * *
    (2) Rated maximum continuous and takeoff power. Thirty minutes at--
    (i) Rated maximum continuous power during fifteen of the twenty-
five 6-hour endurance test cycles; and
    (ii) Rated takeoff power during ten of the twenty-five 6-hour 
endurance test cycles.
    (3) Rated maximum continuous power. One hour at rated maximum 
continuous power.
    (4) Rated 30-minute OEI power. Thirty minutes at rated 30-minute 
OEI power.
    (5) Incremental cruise power. Two hours and 30 minutes at the 
successive power lever positions corresponding with not less than 15 
approximately equal speed and time increments between maximum 
continuous engine rotational speed and ground or minimum idle 
rotational speed. For engines operating at constant speed, power may be 
varied in place of speed. If there are significant peak vibrations 
anywhere between ground idle and maximum continuous conditions, the 
number of increments chosen must be changed to increase the amount of 
running conducted while subject to peak vibrations up to not more than 
50 percent of the total time spent in incremental running.
    (6) Acceleration and deceleration runs. Thirty minutes of 
accelerations and decelerations, consisting of six cycles from idling 
power to rated takeoff power and maintained at the takeoff power lever 
position for 30 seconds and at the idling power lever position for 
approximately 4\1/2\ minutes. In complying with this paragraph, the 
power control lever must be moved from one extreme position to the 
other in not more than one second. If, however, different regimes of 
control operations are incorporated that necessitate scheduling of the 
power control lever motion from one extreme position to the other, then 
a longer period of time is acceptable, but not more than two seconds.
    (7) Starts. One hundred starts, of which 25 starts must be preceded 
by at least a two-hour engine shutdown. There must be at least 10 false 
engine starts, pausing for the applicant's specified minimum fuel 
drainage time, before attempting a normal start. There must be at least 
10 normal restarts not more than 15 minutes after engine shutdown. The 
remaining starts may be made after completing the 150 hours of 
endurance testing.
* * * * *
    (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 Sec.  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. Additionally, the tests required in paragraphs (f)(1) 
through (f)(8) of this section must be run continuously. If a stop 
occurs during these tests, the interrupted sequence must be repeated 
unless the applicant shows that the severity of the test would not be 
reduced if it were continued. The applicant must conduct the following 
test sequence four times, for a total time of not less than 120 
minutes:
* * * * *
    (4) 30-minute OEI power, continuous OEI power, or maximum 
continuous power. Five minutes at whichever is the greatest of rated 
30-minute OEI power, rated continuous OEI power, or rated maximum 
continuous power, except that, during the first test sequence, this 
period shall be 65 minutes. However, where the greatest rated power is 
30-minute OEI power, that sixty-five minute period shall consist of 30 
minutes at 30-minute OEI power followed by 35 minutes at whichever is 
the greater of continuous OEI power or maximum continuous power.
* * * * *
    (8) Idle. One minute at flight idle.
* * * * *

0
8. Amend Sec.  33.88 by removing paragraph (b), redesignating (c) and 
(d) as paragraphs (b) and (c), respectively; and revising the text of 
the newly designated paragraph (b) to read as follows:


Sec.  33.88  Engine overtemperature test.

* * * * *
    (b) In addition to the test requirements in paragraph (a) of this 
section, each engine for which 30-second OEI and 2-minute OEI ratings 
are desired, that incorporates a means for automatic temperature 
control within its operating limitations in accordance with Sec.  
33.67(d), must run for a period of 4 minutes at the maximum power-on 
rpm with the gas temperature at least 35 [deg]F (19 [deg]C) higher than 
the maximum operating limit at 30-second OEI rating. 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 FAA, to maintain the integrity of the 
turbine assembly.
* * * * *

0
9. Revise Sec.  33.93(b)(2) to read as follows:


Sec.  33.93  Teardown inspection.

* * * * *
    (b) * * *
    (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 inspection, analysis, test, or by any 
combination thereof as found necessary by the FAA, that structural 
integrity of the engine is maintained; or
* * * * *

0
10. Amend Appendix A to part 33 by revising section A33.4 to read as 
follows:

Appendix A to Part 33--Instructions for Continued Airworthiness

* * * * *

A33.4 AIRWORTHINESS LIMITATIONS SECTION

    The Instructions for Continued Airworthiness must contain a 
section titled Airworthiness Limitations that is segregated and 
clearly distinguishable from the rest of the manual.

[[Page 48125]]

    (a) For all engines:
    (1) The Airworthiness Limitations section must set forth each 
mandatory replacement time, inspection interval, and related 
procedure required for type certification. If the Instructions for 
Continued Airworthiness consist of multiple documents, the section 
required under this paragraph must be included in the principal 
manual.
    (2) This section must contain a legible statement in a prominent 
location that reads: ``The Airworthiness Limitations section is FAA 
approved and specifies maintenance required under Sec. Sec.  43.16 
and 91.403 of Title 14 of the Code of Federal Regulations unless an 
alternative program has been FAA approved.''
    (b) For rotorcraft engines having 30-second OEI and 2-minute OEI 
ratings:
    (1) The Airworthiness Limitations section must also prescribe 
the mandatory post-flight inspections and maintenance actions 
associated with any use of either 30-second OEI or 2-minute OEI 
ratings.
    (2) The applicant must validate the adequacy of the inspections 
and maintenance actions required under paragraph (b)(1) of this 
section A33.4.
    (3) The applicant must establish an in-service engine evaluation 
program to ensure the continued adequacy of the instructions for 
mandatory post-flight inspections and maintenance actions prescribed 
under paragraph (b)(1) of this section A33.4 and of the data for 
Sec.  33.5(b)(4) pertaining to power availability. The program must 
include service engine tests or equivalent service engine test 
experience on engines of similar design and evaluations of service 
usage of the 30-second OEI or 2-minute OEI ratings.

    Issued in Washington, DC, on July 10, 2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8-18936 Filed 8-15-08; 8:45 am]
BILLING CODE 4910-13-P


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