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

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. Today's changes are intended to provide certificate holders and pilots with additional tools and procedures that will aid in preventing accidents.

EFFECTIVE DATE: This rule is effective April 22, 2014. Affected parties, however, do not have to comply with the information collection requirements in SUBSEC 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 SUBSEC 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) 267-8238; email [email protected].

For legal questions about this action contact Dean E. Griffith, Office of the Chief Counsel, AGC-220, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591; telephone: (202) 267-3073; email [email protected].

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's 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. 112-95), 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

AC--Advisory Circular

ARC--Aviation Rulemaking Committee

AWOS--Automated Weather Observation System

CFIT--Controlled Flight into Terrain

CVR--Cockpit Voice Recorder

ELT--Emergency Locator Transmitter

EMS--Emergency Medical Service

FDR--Flight Data Recorder

FDMS--Flight Data Monitoring System

FOQA--Flight Operational Quality Assurance

GPS--Global Positioning System

HEMS--Helicopter Emergency Medical Services

HTAWS--Helicopter Terrain Awareness and Warning System

ICAO--International Civil Aviation Organization

IFR--Instrument Flight Rules

IMC--Instrument Meteorological Conditions

LARS--Light-weight Aircraft Recording System

MHz--Megahertz

MEL--Minimum Equipment List

MOU--Memorandum of Understanding

NM--Nautical Mile

NPRM--Notice of Proposed Rulemaking

NTSB--National Transportation Safety Board

NVG--Night Vision Goggles

NVIS--Night-Vision Imaging System

OCC--Operations Control Center

OCS--Operations Control Specialist

OpSpec--Operations Specification

PinS--Point-in-Space Approach

PV--Present Value

SAFO--Safety Alert for Operators

TAWS--Terrain Avoidance and Warning System

TSO--Technical Standard Order

VFR--Visual Flight Rules

VMC--Visual 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 ( SEC 91.155)

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

C. Rules Applicable to All Part 135 Helicopter Operations

1. Radio Altimeter ( SEC 135.160)

2. Safety Equipment for Overwater Operations (SUBSEC 1.1, 135.117, 135.167, and 135.168)

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

4. IFR Alternate Airport Weather Minimums ( SEC 135.221)

D. Rules Applicable to Helicopter Air Ambulance Operations

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

2. Weather Minimums ( SEC 135.609)

3. IFR Operations at Airports Without Weather Reporting ( SEC 135.611)

4. Approach/Departure IFR Transitions ( SEC 135.613)

5. VFR Flight Planning ( SEC 135.615)

6. Pre-Flight Risk Analysis ( SEC 135.617)

7. Operations Control Centers (SUBSEC 135.619, 120.105, and 120.215)

8. Briefing of Medical Personnel (SUBSEC 135.117, 135.621)

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

10. Flight Data Monitoring System ( SEC 135.607)

11. Pilot Instrument Ratings ( SEC 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 requires helicopter air ambulances to be equipped with both helicopter terrain awareness and warning systems (HTAWS) (the HTAWS will warn pilots about obstacles in their flight path), and flight data monitoring systems. Finally, helicopter air ambulance pilots will be required to hold instrument ratings.

--This is a summary of a Federal Register article originally published on the page number listed below--

Final rule.

CFR Part: "14 CFR Parts 91, 120, and 135"

RIN Number: "RIN 2120-AJ53"

Citation: "79 FR 9932"

Document Number: "Docket No.: FAA-2010-0982; Amdt. Nos. 91-330; 120-2; 135-129"

Federal Register Page Number: "9932"

"Rules and Regulations"