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

SUMMARY: This Special Federal Aviation Regulation (SFAR) establishes

special training and experience requirements for pilots operating the

Robinson model R-22 or R-44 helicopters to maintain safe operation of

Robinson helicopters. It also establishes special training and

experience requirements for certified flight instructors conducting

student instruction or flight reviews. The FAA has determined this

emergency SFAR is needed to respond to the number of accidents

involving the Robinson model R-22 and R-44 helicopters. The intended

effect of this emergency action is to increase awareness of and

training for the potential hazards of particular flight operations in

the Robinson helicopters.

DATES: This final rule is effective March 27, 1995. This final rule

expires December 31, 1997. Comments must be received by May 30, 1995.

ADDRESSES: Comments should be submitted in triplicate to Federal

Aviation Administration, Office of the Chief Counsel, Attn: Rules

Docket (AGC-200), Docket No. 28095, 800 Independence Avenue, SW.,

Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT:

Robert J. O'Haver, Operations Branch, AFS-820, General Aviation and

Commercial Division, 800 Independence Ave. SW., Washington, DC 20591;

Telephone: (202) 267-7031.

SUPPLEMENTARY INFORMATION:

Comments Invited

All interested persons are invited to comment on this SFAR by

submitting such written data, views, or arguments as they may desire,

including comments relating to the environmental, energy, or economic

impacts. Communications should identify the regulatory docket or SFAR

number, and be submitted in triplicate to the Federal Aviation

Administration, Office of the Chief Counsel, Attn: Rules Docket (AGC-

200), Docket No. 28095, 800 Independence Ave., Washington, DC 20591.

All communications received will be considered by the Administrator.

The rules in this SFAR may be changed as a result of comments received

from the public. All comments submitted will be available for

examination in the Rules Docket in Room 915-G of the FAA Building, 800

Independence Ave., Washington, DC 20591. Persons wishing to have the

FAA acknowledge receipt of their comments must submit a self-addressed,

stamped postcard with the following statement: ``Comments to Docket

Number 28095.'' The postcard will then be dated, time stamped, and

returned by the FAA.

Availability of This SFAR

Any person may obtain a copy of this SFAR by submitting a request

to the FAA, Office of Public Affairs, ATTN: APA-200, 800 Independence

Avenue, SW., Washington, D.C. 20591, or by calling the Office of Public

Affairs at (202) 267-3484. Persons wanting a copy of this SFAR must

identify the SFAR by asking for ``Docket No. 28095; Robinson R-22/R-44

Special Training and Experience Requirements Final Rule.''

Persons interested in being placed on a mailing list for future

notices should request a copy of Advisory Circular 11-2A, Notice of

Proposed Rulemaking Distribution System, which describes the

application procedure.

Background

Part 61 of Title 14 of the Code of Federal Regulations (14 CFR part

61) details the certification requirements for pilots and flight

instructors. Particular requirements for pilots and flight instructors

in rotorcraft are found in Subparts C through G, and Appendix B of part

61. These requirements do not address any specific type or model of

rotorcraft. However, the FAA has determined that specific training and

experience requirements are necessary for the safe operation of

Robinson R-22 and R-44 model helicopters.

The R-22 is a 2-seat, reciprocating engine-powered helicopter that

is frequently used as low-cost initial student training aircraft. The

R-44 is a 4-seat helicopter with similar operating characteristics and

design features of the R-22. The R-22 is the smallest helicopter in its

class and incorporates a unique cyclic control and rotor system.

Certain aerodynamic and design features of the aircraft cause specific

flight characteristics that require particular pilot awareness and

responsiveness.

Currently, there are 855 registered R-22's and three R-44's in the

United States. Since the R-22 was certificated, there have been 339

accidents in the U.S. involving R-22's. The FAA found that the R-22 met

14 CFR part 27 certification requirements and issued a type certificate

in 1979; however, the R-22 has had a high number of fatal accidents due

to main rotor/airframe contact when compared to other piston powered

helicopters. Many of these accidents have been attributed to pilot

performance or inexperience, leading to low rotor revolutions per

minute (RPM) or low ``G'' conditions that resulted in mast bumping or

main rotor-airframe contact accidents. Its small size and relatively

low operating costs result in its use as a training or small utility

aircraft, and its operation by a significant population of relatively

inexperienced helicopter pilots.

In its analysis of accident data, the FAA has found that apparently

qualified pilots may not be properly prepared to safely operate the R-

22 and R-44 helicopters in certain flight conditions. The FAA has

determined that additional specific pilot training is necessary for

safe operation of these helicopters as part of a comprehensive program

that responds to the high number of accidents involving these

helicopters. Other elements of this program include addressing design

and operational issues, cited by the National Transportation Safety

Board (NTSB), that may have been contributing factors in some of the

accidents.

In addition to the specific pilot training and experience

requirements recommended by a R-22 and R-44 Flight Standardization

Board established on January 8, 1995, and the subject of this SFAR, the

FAA has taken several other actions to alert pilots and owners to the

hazards of these helicopters. Individual notice to every certificated

rotorcraft pilot, including all rotorcraft certified flight instructors

who instruct in these helicopters, was given by the FAA when it issued

the Special Airworthiness Alert No. ASW-95-01 on January 10, 1995. This

alert, provided specific guidance in avoiding and dealing with low

rotor RPM and low G conditions. This guidance was made mandatory when

the FAA issued to all owners of these helicopters Airworthiness

Directives Nos. 95-02-03 and 95-02-04 on January 12, 1995, which

amended these helicopters' operating envelope by limiting operations in

certain atmospheric conditions, such as turbulence, and reduced

operating speed in turbulent conditions to avoid the situations

described in the Alert. Finally, the FAA is undertaking an aggressive

engineering and design review of these helicopters and their operations

as well as [[Page 11255]] evaluating potential design improvement for

the Robinson helicopters.

Discussion

The FAA has determined, after reviewing the NTSB accident reports

of 30 fatal accidents since 1982 in which main rotor/airframe contact

occurred, that certain flight maneuvers caused, or contributed to, the

accidents. In four recent R-22 and R-44 accidents, main rotor/airframe

contact occurred while the helicopters were apparently well within the

aircraft's defined operating envelope. Although the pilots assumed to

be operating the flight controls at the time of the accidents had

little experience, the investigations found no evidence that the pilots

were improperly operating the helicopters.

There is a clear relationship between pilot inexperience in the R-

22 and R-44 helicopters and main rotor/airframe contact accidents. An

analysis of this type of accident, indicates that in 23 of the 30 fatal

accidents, the pilot apparently manipulating the controls had less than

200 flight hours in helicopters or less than 50 flight hours in the

model of Robinson helicopter they were operating. It appears that

pilots with more than a minimal level of experience are more likely to

recognize situations that would cause this type of accident. However,

the FAA has determined that all pilots, regardless of their level of

experience, need to have a greater awareness of the flight conditions

that have led to these accidents and a capability to respond

appropriately when those conditions are encountered. Accordingly, the

agency is initiating a two-fold program, including ground and flight

training. For pilots that have 200 flight hours in helicopters and at

least 50 hours in either the R22 or R44 Robinson helicopter, as

appropriate, flight training would not be required because of their

overall experience, and their specific experience in the Robinson

helicopter. For rated pilots who do not have this experience and

students pilots, there are specific flight training requirements. In

both cases, the intent is to ensure that the pilots, either through

accumulated experience or flight training, have the skills necessary to

avoid, as well as react to, situations that can cause main rotor/

airframe contact. While experience is beneficial in avoiding this type

of accident, the FAA believes that there is a need for all pilots

operating the Robinson helicopters to be aware of certain

characteristics associated with the Robinson R22 and R44 helicopter.

For this reason, the FAA is imposing an awareness training requirement

on all individuals operating Robinson R22 and R44 aircraft.

In addition, the FAA is requiring that any pilot operating a

Robinson R22 helicopter, as pilot in command, to complete future flight

review requirements of Part 61 in the R22. A separate flight review is

required for the R-44. Pilots with less experience (i.e. those with

less than 200 flight hours in helicopters and at least 50 hours in the

model of Robinson helicopters) are required to complete an annual

flight review. Similarly, the pilot in command currency requirements of

Part 61 must be met in the particular model Robinson helicopter. The

purpose of these provisions is to ensure persons operating Robinson R22

and R44 maintain proficiency and competency over time.

Finally, the SFAR establishes criteria for flight instructor who

wish to continue to instruct or conduct flight reviews in a Robinson

helicopter. These criteria are established to insure that the

instructors are knowledgeable and competent to conduct the awareness

and flight training. This SFAR requires that each individual who

receives awareness training or flight training obtain an endorsement in

that individuals logbook from a CFI who has met the criteria.

The FAA has determined that the provisions of this SFAR for

requiring student pilots, pilots, and flight instructors to undergo

special awareness training, additional recency of experience

requirements, and the additional aeronautical flight experience above

the current requirements in Part 61 will provide for safe operation of

the Robinson R-22 and R-44 helicopters.

The FAA has determined that prompt action regarding these

helicopters is necessary, and therefore that notice and comment

concerning this rule is not in the public interest. The additional

training prescribed in the rule should be taken as rapidly as possible.

Nonetheless, the FAA believes that adherence to the Alert and

Airworthiness Directives noted above, together with appropriate caution

in operating these aircraft, will provide for safe operations for the

next 30 days until this SFAR takes effect. No additional extension of

this 30 day period is anticipated, however.

Ongoing FAA Actions

The rule expires on December 31, 1997, but may be terminated sooner

or extended through the publication of notice, comment and final rule

action if circumstances so warrant. This action is one of several on-

going actions related to the Robinson helicopters. The FAA may take

additional actions or modify these actions already taken as a result of

further study or comments received concerning this rule.

Regulatory Evaluation Summary

Proposed changes to Federal regulations must undergo several

economic analyses. First, Executive Order 12866 directs that each

Federal agency shall propose or adopt a regulation only upon a reasoned

determination that the benefits of the intended regulation justify its

costs. Second, the Regulatory Flexibility Act of 1980 requires agencies

to analyze the economic effect or regulatory changes on small entities.

Third, the Office of Management of Budget (OMB) directs agencies to

assess the effect of regulatory changes on international trade.

However, OMB may exempt classes of regulations from the Executive

Order's requirements, in addition to those explicitly exempt, such as

rules unlikely to involve significant policy issues for which even a

brief delay could impose significant costs. In addition, DOT Order

2100.5 ``Policies and Procedures for Simplification, Analysis, and

Review of Regulations'' states that an emergency regulation that

overwise would be nonsignificant is excepted from the requirements for

any Evaluation. Thus, because of the emergency nature of this SFAR, the

FAA has not prepared a full regulatory evaluation.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted by

Congress to ensure that small entities are not unnecessarily or

disproportionately burdened by Federal regulations. The RFA requires a

Regulatory Flexibility Analysis if a rule will have a significant

economic impact on a substantial number of small entities. FAA Order

2100.14A, Regulatory Flexibility Criteria and Guidance, provides

threshold cost and small entity size standards for complying with RFA

review requirements in FAA rulemaking actions. Small entities are

independently owned and operated small businesses and small not-for-

profit organizations. A substantial number of small entities is defined

as a number that is 11 or more and which is more than one-third of the

small entities subject to this rule. The FAA has determined that this

rule will not result in a significant economic impact, either

detrimental or beneficial, on a substantial number of small entities,

however, the public is invited to comment on this determination

particularly with respect to the number [[Page 11256]] of small

entities that will be affected and the cost impact on those small

entities.

International Trade Impact Assessment

The FAA has determined that this SFAR will not constitute barriers

to international trade, including the export of American goods and

services to foreign countries and barriers affecting the import of

foreign goods and services into the United States.

Good Cause Justification for Immediate Adoption

Because of the emergency nature of this rulemaking and because of

the reasons stated above, the FAA finds that notice and public comment

under 5 U.S.C. 553(b) are impracticable and contrary to the public

interest.

Paperwork Reduction Act

This SFAR contains no information collection requests requiring

approval of the Office of Management and Budget pursuant to the

Paperwork Reduction Act (44 U.S.C. 3507 et seq.).

Federalism Implications

The SFAR adopted herein will not have substantial direct effects on

the states, on the relationship between the Federal government and the

states, or on the distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12866, it is determined that this SFAR does not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

International Civil Aviation Organization (ICAO) and Joint Aviation

Regulations

In keeping with U.S. obligations under the Convention on

International Civil Aviation, it is FAA policy to comply with ICAO

Standards and Recommended Practices to the maximum extent practicable.

The FAA has determined that this SFAR does not conflict with any

international agreement of the United States.

Conclusion

For the reasons previously discussed in the preamble, the FAA has

determined that this SFAR is not significant under Executive Order

12866. The FAA has determined that this regulation is an emergency

regulation that must be issued immediately to address an unsafe

condition. Based on the findings in the Regulatory Flexibility

Determination and the International Trade Impact Analysis, the FAA

certifies that this SFAR will not have a significant economic impact,

positive or negative, on a substantial number of small entities under

the criteria of the Regulatory Flexibility Act. This SFAR is not

considered significant under DOT Regulatory Policies and Procedures (44

FR 11034; February 26, 1979).

List of Subjects in 14 CFR Part 61

Aircraft, Aircraft pilots, Airmen, Airplanes, Air safety, Air

transportation, Aviation safety, Balloons, Helicopters, Rotorcraft,

Students.

The Rule

In consideration of the foregoing, the Federal Aviation

Administration amends part 61 of Title 14 of the Code of Federal

Regulations (14 CFR part 61) as follows:

PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS

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

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

49 U.S.C. 106(g).

2. By adding Special Federal Aviation Regulation (SFAR) No. 73 to

part 61 to read as follows:

Special Federal Aviation Regulations

* * * * *

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

Requirements

1. Applicability. Under the procedures prescribed herein, this

SFAR applies to all persons who seek to manipulate the controls or

act as pilot in command of a Robinson model R-22 or R-44 helicopter.

The requirements stated in this SFAR are in addition to the current

requirements of part 61.

2. Required training, aeronautical experience, endorsements, and

flight review.

(a) Awareness Training:

(1) Except as provided in paragraph (a)(2) of this section, no

person may manipulate the controls of a Robinson model R-22 or R-44

helicopter after March 27, 1995 for the purpose of flight unless the

awareness training specified in paragraph (a)(3) of this section is

completed and the person's logbook has been endorsed by a certified

flight instructor authorized under paragraph (b)(5) of this section.

(2) A person who holds a rotorcraft category and helicopter

class rating on their pilot certificate and meets the experience

requirements of paragraph (b)(1) or (b)(2) of this section may not

manipulate the controls of a Robinson model R-22 or R-44 helicopter

for the purpose of flight after April 26, 1995 unless the awareness

training specified in paragraph (a)(3) of this section is completed

and the person's logbook has been endorsed by a certified flight

instructor authorized under paragraph (b)(5) of this section.

(3) Awareness training must be conducted by a certified flight

instructor who has been endorsed under paragraph (b)(5) of this

section and consists of instruction in the following general subject

areas:

(i) energy management;

(ii) mast bumping;

(iii) low rotor RPM (blade stall);

(iv) low G hazards; and

(v) rotor RPM decay.

(4) A person who can show satisfactory completion of the

manufacturer's safety course after January 1, 1994, may obtain an

endorsement from an FAA aviation safety inspector in lieu of

completing the awareness training required in paragraphs (a)(1) and

(a)(2) of this section.

(b) Aeronautical Experience:

(1) No person may act as pilot in command of a Robinson model R-

22 unless that person:

(i) has had at least 200 flight hours in helicopters, at least

50 flight hours of which were in the Robinson R-22; or

(ii) has had at least 10 hours dual instruction in the Robinson

R-22 and has received an endorsement from a certified flight

instructor authorized under paragraph (b)(5) of this section that

the individual has been given the training required by this

paragraph and if proficient to act as pilot in command of an R-22.

Beginning 12 calendar months after the date of the endorsement, the

individual may not act as pilot in command unless the individual has

completed a flight review in an R-22 within the preceding 12

calendar months and obtained an endorsement for that flight review.

The dual instruction must include at least the following abnormal

and emergency procedures flight training:

(A) enhanced training in autorotation procedures,

(B) engine rotor RPM control without the use of the governor,

(C) low rotor RPM recognition and recovery, and

(D) effects of low G maneuvers and proper recovery procedures.

(2) No person may act as pilot in command of a Robinson model R-

44 unless that person:

(i) has had at least 200 flight hours in helicopters, at least

50 flight hours of which were in the Robinson R-44; or

(ii) has had at least 10 hours dual instruction in the Robinson

R-44 and has received an endorsement from a certified flight

instructor authorized under paragraph (b)(5) of this section that

the individual has been given the training required by this

paragraph and is proficient to act as pilot in command of an R-44.

Beginning 12 calendar months after the date of the endorsement, the

individual may not act as pilot in command unless the individual has

completed a flight review in an R-44 within the preceding 12

calendar months and obtained an endorsement for that flight review.

The dual instruction must include at least the following abnormal

and emergency procedures flight training:

(A) enhanced training in autorotation procedures,

(B) engine rotor RPM control without the use of the governor,

(C) low rotor RPM recognition and recovery, and

(D) effects of low G maneuvers and proper recovery

procedures. [[Page 11257]]

(3) A person who does not hold a rotorcraft category and

helicopter class rating must have had at least 20 hours of dual

instruction in a Robinson R-22 helicopter prior to operating it in

solo flight. In addition, the person must obtain an endorsement from

a certified flight instructor authorized under paragraph (b)(5) of

this section that instruction has been given in those maneuvers and

procedures, and the instructor has found the applicant proficient to

solo a Robinson R-22. This endorsement is valid for a period of 90

days. The dual instruction must include at least the following

abnormal and emergency procedures flight training:

(i) enhanced training in autorotation procedures,

(ii) engine rotor RPM control without the use of the governor,

(iii) low rotor RPM recognition and recovery, and

(iv) effects of low G maneuvers and proper recovery procedures.

(4) A person who does not hold a rotocraft category and

helicopter class rating must have had at least 20 hours of dual

instruction in a Robinson R-44 helicopter prior to operating it in

solo flight. In addition, the person must obtain an endorsement from

a certified flight instructor authorized under paragraph (b)(5) of

this section that instruction has been given in those maneuvers and

procedures, and the instructor has found the applicant proficient to

solo a Robinson R-44. This endorsement is valid for a period of 90

days. The dual instruction must include at least the following

abnormal and emergency procedures flight training:

(i) enhanced training in autorotation procedures,

(ii) engine rotor RPM control without the use of the governor,

(iii) low rotor RPM recognition and recovery, and

(iv) effects of low G maneuvers and proper recovery procedures.

(5) No certificated flight instructor may provide instruction or

conduct a flight review in a Robinson model R-22 or R-44 unless that

instructor:

(i) Completes the awareness training in paragraph 2(a) of this

SFAR,

(ii) Meets the experience requirements of paragraphs 2(b)(1)(i)

of this SFAR for the R-22, or 2(b)(2)(i) of this SFAR for the R-44,

(iii) Has completed flight training in an R-22, R-44, or both,

on the following abnormal and emergency procedures:

(A) enhanced training in autorotation procedures,

(B) engine rotor RPM control without the use of the governor,

(C) low rotor RPM recognition and recovery, and

(D) effects of low G maneuvers and proper recovery procedures.

(iv) Been authorized by endorsement from an FAA aviation safety

inspector or authorized designated examiner that the instructor has

completed the appropriate training, meets the experience

requirements and has satisfactorily demonstrated an ability to

provide instruction on the general subject areas of paragraph

2(a)(3) of this SFAR, and the flight training identified in

paragraph 2(b)(5)(iii) of this SFAR.

(c) Flight Review:

(1) No flight review completed to satisfy Sec. 61.56 by an

individual after becoming eligible to function as pilot in command

in a Robinson R-22 helicopter shall be valid for the operation of R-

22 helicopter unless that flight review was taken in an R-22.

(2) No flight review completed to satisfy Sec. 61.56 by

individual after becoming eligible to function as pilot in command

in a Robinson R-44 helicopter shall be valid for the operation of R-

44 helicopter unless that flight review was taken in the R-44.

(3) The flight review will include a review of the awareness

training subject areas of paragraph 2(a)(3) of this SFAR and the

flight training identified in paragraph 2(b) of this SFAR.

(d) Currency Requirements: No person may act as pilot in command

of a Robinson model R-22 or R-44 helicopter carrying passengers

unless the pilot in command has met the recency of flight experience

requirements of Sec. 61.57 in an R-22 or R-44, as appropriate.

3. Expiration date. This SFAR expires December 31, 1997, unless

sooner superseded or rescinded.

Issued in Washington, DC, February 23, 1995.

David R. Hinson,

Administrator.

[FR Doc. 95-4967 Filed 2-24-95; 12:49 pm]

BILLING CODE 4910-13-M