Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Rules and Regulations 48119 

(e) From subsection (e)(3) (Notice to 

Subjects) because providing such detailed 

information would impede law enforcement 

in that it could compromise investigations 

by: revealing the existence of an otherwise 

confidential investigation and thereby 

provide an opportunity for the subject of an 

investigation to conceal evidence, alter 

patterns of behavior, or take other actions 

that could thwart investigative efforts; reveal 

the identity of witnesses in investigations, 

thereby providing an opportunity for the 

subjects of the investigations or others to 

harass, intimidate, or otherwise interfere 

with the collection of evidence or other 

information from such witnesses; or reveal 

the identity of confidential informants, 

which would negatively affect the 

informant’s usefulness in any ongoing or 

future investigations and discourage 

members of the public from cooperating as 

confidential informants in any future 

investigations. 

(f) From subsections (e)(4)(G) and (H) 

(Agency Requirements), and (f) (Agency 

Rules) because portions of this system are 

exempt from the individual access provisions 

of subsection (d) for the reasons noted above, 

and therefore DHS is not required to establish 

requirements, rules, or procedures with 

respect to such access. Providing notice to 

individuals with respect to existence of 

records pertaining to them in the system of 

records or otherwise setting up procedures 

pursuant to which individuals may access 

and view records pertaining to themselves in 

the system would undermine investigative 

efforts and reveal the identities of witnesses, 

and potential witnesses, and confidential 

informants. 

(g) From subsection (e)(5) (Collection of 

Information) because in the collection of 

information for law enforcement purposes it 

is impossible to determine in advance what 

information is accurate, relevant, timely, and 

complete. Compliance with (e)(5) would 

preclude DHS agents from using their 

investigative training and exercise of good 

judgment to both conduct and report on 

investigations. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’ ability to obtain, serve, 

and issue subpoenas, warrants, and other law 

enforcement mechanisms that may be filed 

under seal, and could result in disclosure of 

investigative techniques, procedures, and 

evidence. 

(i) From subsection (g) to the extent that 

the system is exempt from other specific 

subsections of the Privacy Act relating to 

individuals’ rights to access and amend their 

records contained in the system. Therefore 

DHS is not required to establish rules or 

procedures pursuant to which individuals 

may seek a civil remedy for the agency’s: 

Refusal to amend a record; Refusal to comply 

with a request for access to records; failure 

to maintain accurate, relevant timely and 

complete records; or failure to otherwise 

comply with an individual’s right to access 

or amend records. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E8–19033 Filed 8–15–08; 8:45 am] 

BILLING CODE 4410–10–P 

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-EngineInoperative (OEI) Ratings, Type 

Certification Standards 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

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: 

dorina.mihail@faa.gov. 

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 multiengine 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, 21⁄2-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 § 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. 


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The FAA received comments on the 

following general areas of the proposal: 

• Instrument connection. 

• Fuel system. 

• Endurance test. 

• Engine overtemperature test. 

• 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 § 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 § 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 

§ 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 § 33.29(c) are 

redundant to the requirements of 

§§ 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 § 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 § 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 

§ 33.29(d) should apply to § 33.29(c)(2) 

and (c)(3) but not to § 33.29(c)(1) and 

(c)(4). Specifically, we found that inflight 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 § 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 § 33.29(d) in the final rule to 

refer only to § 33.29(c)(2) and (c)(3). 

Fuel System 

We proposed a revision to § 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 § 91.3(b). 

GE requested clarification that the OEI 

power limit can be exceeded in the 

event of an emergency under the 

requirements of § 33.67(d). 

The intent of § 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 § 33.87 reduces test 

complexity and adds test flexibility 

under the revisions to § 33.87(a); 

harmonizes the test schedule under 

§ 33.87(c) with that of the Certification 

Specifications for Engines (CS–E); and 

clarifies the test schedule and test 

sequence under § 33.87(f). 

We proposed to revise § 33.87(a)(5) so 

the maximum air bleed for engine and 

aircraft services under § 33.87(a)(5) need 

not be used for the final 120-minute test 

required under § 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 

§ 33.87(a)(6) to allow the applicant to 

run the final 120-minute test under 

§§ 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 

§ 33.87(a)(5) should not require the 

maximum air bleed and § 33.87(a)(6) 

should not require loading of accessory 

drive and mounting attachments to be 

part of the test configuration for 

§ 33.87(f) test sequences. The TCCA 

recommended changes to § 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 § 33.87(a)(5) and 

(a)(6) in the final rule by removing 

references to ‘‘120-minute.’’ These 

changes clarify the exceptions specified 

in § 33.87(a)(5) and (a)(6) are for the 

entire test duration performed under 

§ 33.87(f). 

GE recommended changes to § 33.87 

it believes would ensure FAA 

requirements are not more severe than 

EASA’s for the endurance test 

requirements under § 33.87(a)(3) and 

(a)(7). 

We find that GE’s recommendation 

would substantially affect § 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 § 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 § 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 § 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 § 33.88(a). We have, 

however, revised § 33.88(b) in the final 

rule to clarify that testing under 

§ 33.88(a) applies to all engine ratings, 

except for 30-second OEI and 2-minute 

OEI ratings. 

The TCCA commented that 

§§ 33.88(b) and 33.93(b)(2) should refer 

to ‘‘mandatory inspections and 

maintenance actions.’’

We find that § 33.4 and Appendix A 

to Part 33 adequately reference 

mandatory inspections and maintenance 

actions. 


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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 § 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. 


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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-forprofit 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 


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Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Rules and Regulations 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 

■ 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 

■ 1. The authority citation for part 1 

continues to read as follows: 

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

■ 2. Amend § 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 21⁄2- 

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 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 21⁄2-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 21⁄2 minutes each after the 

failure or shutdown of one engine of a 

multiengine rotorcraft. 

* * * * * 

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. Amend § 33.5 to add a new 

paragraph (b)(4) to read as follows: 

§ 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. 

* * * * * 

■ 5. Amend § 33.29 by revising 

paragraph (c) and adding paragraph (d) 

to read 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 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. 

■ 6. Revise § 33.67(d) to read as follows: 

§ 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. 

■ 7. Amend § 33.87 by: 

■ A. Redesignating paragraphs (c)(2) 

and paragraphs (c)(4) through (c)(6) as 

paragraphs (c)(4) through (c)(7); 

■ B. By adding new paragraph (c)(2); 

and 

■ 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: 

§ 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. 


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48124 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Rules and Regulations 

(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 41⁄2 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 § 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. 

* * * * * 

■ 8. Amend § 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: 

§ 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 § 33.67(d), must run for 

a period of 4 minutes at the maximum 

power-on rpm with the gas temperature 

at least 35 °F (19 °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. 

* * * * * 

■ 9. Revise § 33.93(b)(2) to read as 

follows: 

§ 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 

* * * * * 

■ 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. 


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Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Rules and Regulations 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 §§ 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 inservice 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 § 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

[Docket No. FAA–2007–27812; Amendment 

No. 61–121] 

RIN 2120–AI91 

Modification of Certain Medical 

Standards and Procedures and 

Duration of Certain Medical 

Certificates; Correcting Amendment 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The FAA is correcting 

amendatory language and regulatory 

text regarding one paragraph of the final 

rule entitled ‘‘Modification of Certain 

Medical Standards and Procedures and 

Duration of Certain Medical 

Certificates’’. The rule extends the 

duration of first- and third-class medical 

certificates for certain individuals. The 

FAA intended to revise an entire 

paragraph of the section entitled 

‘‘Duration of a medical certificate’’; 

however, the amendatory language 

incorrectly indicates that only one 

paragraph is being revised. 

DATES: Effective August 18, 2008. 

FOR FURTHER INFORMATION CONTACT: Zara 

V. Willis, Office of Rulemaking, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

493–4405; e-mail Zara.Willis@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 2008, the FAA published 

a final rule that extends the duration of 

the FAA airman medical certificates for 

certain pilots under the age of 40 at the 

time of their last medical examination 

(73 FR 43059). First-class medical 

certificates, required for airline 

transport pilot operations, are now valid 

for 1 year instead of 6 months; thirdclass medical certificates, required for 

private pilot operations, are now valid 

for 5 years instead of 3 years. 

In the final rule, the FAA intended to 

revise § 61.23(d) in its entirety, but 

inadvertently categorized it only as a 

revision to paragraph (d)(1). 

Correction 

This correction makes no changes to 

the substance of the original final rule. 

It corrects the amendatory language by 

revising the entire paragraph (d) of 

§ 61.23, as intended, instead of only 

paragraph (d)(1). It also corrects the 

regulatory text by removing (1) of the 

introductory text to paragraph (d). 

Moreover, the correction brings 

paragraph designations under (d) in 

conformance with the proper format 

requirements. Consequently, the 

paragraphs in the first column that were 

previously designated as (i), (ii), and 

(iii) are now designated as (1), (2), and 

(3). The paragraphs in the second 

column that were previously designated 

with capital letters ((A), (B), (C), etc.) are 

now designated with roman numerals 

((i), (ii), (iii), etc.). The text of the entire 

table remains the same. 

List of Subjects in 14 CFR Part 61 

Aircraft, Airmen, Aviation safety, and 

Reporting and recordkeeping 

requirements. 

■ Accordingly, 14 CFR part 61 is 

corrected by making the following 

correcting amendment: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

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

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

■ 2. Amend § 61.23 by revising 

paragraph (d) to read as follows: 

§ 61.23 Medical certificates: Requirement 

and duration. 

* * * * * 

(d) Duration of a medical certificate. 

Use the following table to determine 

duration for each class of medical 

certificate: 

If you hold 

And on the date of 

examination for your 

most recent medical 

certificate you were 

And you are conducting an operation 

requiring 

Then your medical certificate expires, for that 

operation, at the end of the last day of the 

(1) A first-class medical 

certificate.

(i) Under age 40 ......... an airline transport pilot certificate .................. 12th month after the month of the date of examination shown on the medical certificate. 

(ii) Age 40 or older ..... an airline transport pilot certificate .................. 6th month after the month of the date of examination shown on the medical certificate. 

(iii) Any age ................ a commercial pilot certificate or an air traffic 

control tower operator certificate.

12th month after the month of the date of examination shown on the medical certificate. 


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