CALL TO ACTION -- NPRM Could Affect All Helicopter Operations
from Randy Hansen, EAA Government Relations Director
On October 12, 2010 the FAA issued a notice of proposed changes to helicopter operations. The primary focus of the proposed rules is on part 135 EMS types of operations, but hidden in the print is a change to the basic VFR helicopter operations for all operators, Part 91, 135, etc. The reason for the change appears to be due to fatal EMS helicopter accidents that occurred during repositioning flights conducted under Part 91. In the document, the FAA did not identify a single Part 91 (i.e., pleasure) helicopter accident as the reason for the change -- it's all related to commercial operations. Basic 91.155 VFR weather ops are:
(b) Class G Airspace. Notwithstanding the provisions of paragraph (a) of this section, the following operations may be conducted in Class G airspace below 1,200 feet above the surface:
(1) Helicopter. A helicopter may be operated clear of clouds if operated at a speed that allows the pilot adequate opportunity to see any air traffic or obstruction in time to avoid a collision.
The proposed change would be (page 47 of the notice):
(b) Class G Airspace. Notwithstanding the provisions of paragraph (a) of this section, the following operations may be conducted in Class G airspace below 1,200 feet above the surface:
(1) Helicopter. A helicopter may be operated clear of clouds if operated at a speed that allows the pilot adequate opportunity to see any air traffic or obstruction in time to avoid a collision, "provided the visibility is at least:
(i) one half statute mile during the day; or
(ii) one statute mile at night.
The FAA states the following as their reason for the change (page 34 of the notice):
1. Part 91 Weather Minima (Sec. 91.155)
The FAA is proposing to revise Sec. 91.155 to prescribe visibility minima for helicopters operating under part 91 in Class G airspace. Section 91.155(b)(1) currently requires helicopters operating under VFR, at 1,200 feet or less above the surface, to remain clear of clouds and operate at a speed that permits the pilot adequate opportunity to see any air traffic or obstruction in time to avoid a collision. The FAA is concerned that the current standard does not provide an adequate margin of safety for pilots who may suddenly encounter IMC because of rapidly changing weather. The FAA is also concerned that the "clear of clouds'' standard, without an associated minimum visibility, may encourage "scud running'' in which pilots fly at a continually decreasing altitude to remain clear of lowering clouds in an attempt to stay in VFR conditions.
Consequently, the FAA is proposing a minimum visibility standard of 1/2 statute mile during the day, and 1 statute mile at night, for helicopters operating under VFR at 1,200 feet or less above the surface in Class G airspace. This proposal would provide a greater margin of safety for operators because pilots would be required to maintain a fixed amount of visibility, and would be less likely to suddenly encounter IMC. In addition to the proposed visibility minima, the proposed rule would retain the current requirement to remain clear of
clouds.
This provision would take effect on the effective date of the final rule.
The other basic helicopter change that I see is a change to the FAR 1.1 definition of extended over-water operations. The current definition of extended over-water operations is:
(2) With respect to helicopters, an operation over water at a horizontal distance of more than 50 nautical miles from the nearest shoreline and more than 50 nautical miles from an off-shore heliport structure.
The change would eliminate "off-shore structure" from the definition as follows:
(2) With respect to helicopters, an operation over water at a horizontal distance of more than 50 nautical miles from the nearest shoreline.
Based on my helicopter background, I can see the applicability of the proposed change to commercial ops, especially with paying passengers or patients on board. However, I can't understand the rational for the change when applied to personal helicopter flying. I am not so much concerned about the overwater change, but am concerned not only about the proposed change to basic VFR helicopter flight rules, but also the way the FAA hid the change in a document primarily titled, "Air Ambulance and Commercial Helicopter Operations..."
The 58-page notice is available at http://edocket.access.gpo.gov/2010/2010-24862.htm. Comments are due to the FAA by January 10th, so I need your input by January 5th. Any opinions/comments on this from SAFE experts would be greatly appreciated. You can either e-mail rhansen@eaa.org or call 920-426-6103. Randy Hansen, EAA # 590242 Government Relations Director * * *
As usual with these sorts of things, time is short and the holidays are upon us. Even so, I encourage our members who have helicopter experience to please weigh in on this NPRM with Randy Hansen. Working together with EAA, I am confident that we can offer a more sensible and targeted approach that will achieve the real safety goals intended by this NPRM.
Doug Stewart, Chair Society of Aviation and Flight Educators
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