Vol. 79 Friday,

No. 35 February 21, 2014

Part II

Department of Transportation Federal Aviation Administration 14 CFR Parts 91, 120, and 135 Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations; Final Rule

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9932 Federal Register / Vol. 79, No. 35 / Friday, February 21, 2014 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 120, and 135

[Docket No.: FAA20100982; Amdt. Nos. 91330; 1202; 135129]

RIN 2120AJ53

Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations

AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule.

SUMMARY: This final rule addresses helicopter air ambulance, commercial helicopter, and general aviation helicopter operations. To address an increase in fatal helicopter air ambulance accidents, the FAA is implementing new operational procedures and additional equipment requirements for helicopter air ambulance operations. This final rule also increases safety for commercial helicopter operations by revising requirements for equipment, pilot testing, and alternate airports. It increases weather minimums for all general aviation helicopter operations. Many of these requirements address National Transportation Safety Board safety recommendations, and are already found in FAA guidance. Todays changes are intended to provide certificate holders and pilots with additional tools and procedures that will aid in preventing accidents. DATES: This rule is effective April 22, 2014. Affected parties, however, do not have to comply with the information collection requirements in 120.105(i), 120.215(a)(9), 135.615, 135.617, 135.619, and 135.621 until the Office of Management and Budget (OMB) approves the collection and assigns a control number under the Paperwork Reduction Act of 1995. The FAA will publish in the Federal Register a notice of the control number assigned by OMB for these information collection requirements.

The incorporation by reference of certain publications listed in 135.168 and 135.605 is approved by the Director of the Federal Register as of April 22, 2014.

ADDRESSES: For information on where to obtain copies of rulemaking documents and other information related to this final rule, see How to Obtain Additional Information in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions about this action contact Andy Pierce, Aviation Safety Inspector, Flight Standards Service, 135 Air Carrier Operations Branch, AFS 250, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591; telephone: (202) 2678238; email andy.pierce@faa.gov.

For legal questions about this action contact Dean E. Griffith, Office of the Chief Counsel, AGC220, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591; telephone: (202) 2673073; email dean.griffith@faa.gov. SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking The FAAs authority to issue rules on

aviation safety is found in Title 49 of the United States Code (U.S.C.). This rulemaking is promulgated under the general authority described in 49 U.S.C. 106(f) and 44701(a), and the specific authority set forth in section 306 of the FAA Modernization and Reform Act of 2012 (Pub. L. 11295), which is now codified at 49 U.S.C. 44730.

Specifically, 49 U.S.C. 44730 requires that part 135 certificate holders providing air ambulance services comply with part 135 regulations pertaining to weather minimums and flight and duty time when medical personnel are onboard the aircraft. The statute also directs the FAA to conduct rulemaking on helicopter air ambulance operations to address: (1) Flight request and dispatch procedures; (2) pilot training standards for preventing controlled flight into terrain and recovery from IIMC; and (3) safety- enhancing technology and equipment, including, HTAWS, radio altimeters, and, to the extent feasible, devices that perform the function of flight data recorders and cockpit voice recorders. Further, section 44730 requires the rulemaking to address: (1) Flight risk evaluation programs; and (2) operational control centers for helicopter air ambulance services with 10 or more helicopters. In addition, the statute directs the FAA to issue a final rule by June 1, 2012 with respect to the NPRM published in the Federal Register on October 12, 2010 (75 FR 62640).

List of Abbreviations and Acronyms Used in This Document

ACAdvisory Circular ARCAviation Rulemaking Committee AWOSAutomated Weather Observation

System CFITControlled Flight into Terrain CVRCockpit Voice Recorder ELTEmergency Locator Transmitter EMSEmergency Medical Service

FDRFlight Data Recorder FDMSFlight Data Monitoring System FOQAFlight Operational Quality

Assurance GPSGlobal Positioning System HEMSHelicopter Emergency Medical

Services HTAWSHelicopter Terrain Awareness and

Warning System ICAOInternational Civil Aviation

Organization IFRInstrument Flight Rules IMCInstrument Meteorological Conditions LARSLight-weight Aircraft Recording

System MHzMegahertz MELMinimum Equipment List MOUMemorandum of Understanding NMNautical Mile NPRMNotice of Proposed Rulemaking NTSBNational Transportation Safety Board NVGNight Vision Goggles NVISNight-Vision Imaging System OCCOperations Control Center OCSOperations Control Specialist OpSpecOperations Specification PinSPoint-in-Space Approach PVPresent Value SAFOSafety Alert for Operators TAWSTerrain Avoidance and Warning

System TSOTechnical Standard Order VFRVisual Flight Rules VMCVisual Meteorological Conditions

Table of Contents

I. Executive Summary II. Background

A. Statement of the Problem B. Related Actions C. NTSB Recommendations D. Congressional Action E. Summary of the NPRM F. General Overview of Comments

III. Discussion of Public Comments and Final Rule

A. Weather Minimums for Helicopters Flying Under Visual Flight Rules in Class G Airspace ( 91.155)

B. Load Manifest Requirement for All Aircraft Operating Under Part 135 ( 135.63)

C. Rules Applicable to All Part 135 Helicopter Operations

1. Radio Altimeter ( 135.160) 2. Safety Equipment for Overwater

Operations ( 1.1, 135.117, 135.167, and 135.168)

3. Pilot Testing for Recovery From IIMC, Whiteout, Brownout, and Flat-Light Conditions ( 135.293)

4. IFR Alternate Airport Weather Minimums ( 135.221)

D. Rules Applicable to Helicopter Air Ambulance Operations

1. Applicability of Part 135 Rules to Helicopter Air Ambulance Operations ( 135.1, 135.267, 135.271, 135.601)

2. Weather Minimums ( 135.609) 3. IFR Operations at Airports Without

Weather Reporting ( 135.611) 4. Approach/Departure IFR Transitions

( 135.613) 5. VFR Flight Planning ( 135.615) 6. Pre-Flight Risk Analysis ( 135.617) 7. Operations Control Centers ( 135.619,

120.105, and 120.215)

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mailto:dean.griffith@faa.govmailto:andy.pierce@faa.gov

9933 Federal Register / Vol. 79, No. 35 / Friday, February 21, 2014 / Rules and Regulations

8. Briefing of Medical Personnel ( 135.117, 135.621)

9. Helicopter Terrain Awareness and Warning Systems (HTAWS) ( 135.605)

10. Flight Data Monitoring System ( 135.607)

11. Pilot Instrument Ratings ( 135.603) E. General Comments

IV. Regulatory Notices and Analysis A. Regulatory Evaluation B. Regulatory Flexibility Determination C. Regulatory Flexibility Analysis D. International Trade Impact Assessment E. Unfunded Mandates Assessment F. Paperwork Reduction Act G. International Compatibility H. Environmental Analysis I. Regulations Affecting Intrastate Aviation

in Alaska V. Executive Order Determinations

A. Executive Order 13132, Federalism B. Executive Order 13211, Regulations

That Significantly Affect Energy Supply, Distribution, or Use

VI. How To Obtain Additional Information A. Rulemaking Documents B. Comments Submitted to the Docket C. Small Business Regulatory Enforcement

Fairness Act Table 1 Affected Entities Table 2 Comparison of Benefits and Costs

Over 10 Years by Population Table 3 Costs Over 10 Years by Rule

Provision Table 4 VFR Minimum Altitudes and

Visibility Requirements

Table 5 SBA Size Standards Table 6 Cost and Present Value (PV) Costs

for Small Air Ambulance Operators That Apply to the Paperwork Provision

I. Executive Summary

The provisions of this rule are directed primarily toward helicopter air ambulance operations and all commercial helicopter operations conducted under part 135. This rule also establishes new weather minimums for helicopters operating under part 91 in Class G airspace.

For helicopter air ambulances, this rule requires operations with medical personnel on board to be conducted under part 135 operating rules and introduces new weather minimums and visibility requirements for part 135 operations. It mandates flight planning, preflight risk analyses, safety briefings for medical personnel, and the establishment of operations control centers (OCC) for certain operators to help with risk management and flight monitoring. The rule also includes provisions to encourage instrument flight rules (IFR) operations. It re