Originally Posted by
S92mech
These notes copied from the FAA type certificate data sheet have me questioning if the aircraft is FAA certified or not. Maybe some of you regulation experts can give opinions.
Manufacturer’s eligible serial numbers: S/N 1002.
Note 10.
Expiration of Exemption No. 18717:
The H160-B Certification Basis includes Exemption No. 18717, which expires on June 30, 2023. After this date the H160-B type design approved under TC R00009RD, as defined by Airbus Helicopters Report no. U000A1313E01_TDD_DDD, H160-B Type Design Definition for USA (FAA), revision B, dated June 29, 2023, will no longer comply with the certification basis, and the type design will no longer be FAA approved.
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Type Certificate TC R00009RD linked here
Exemption No. 18717 linked here
Regarding note 10, it mentions earlier in the TCDS that the exemption is "(Exemption from § 29.735(c)(2) of Title 14, Code of Federal Regulations)" which requires a helicopter with wheel-type landing gear to have brakes that are able to hold the rotorcraft parked on a 10 degree slope. The TCDS mentions that rotorcraft S/N 1002 fitted with electric wheel brakes is subject to a 5 degree slope limit for landing on parking subject to exemption No. 18717.
Airbus Helicopters applied for an exemption on
1st April 2020 for three helicopters as the electric brakes did not meet this 10 degree requirement. The exemption was granted 23rd February 2021, with an expiry date of 30th June 2023 set. The FAA decision is quoted here below:
The FAA’s analysis is as follows:
While FAA Order 8900.1 explains that exemptions are normally valid for two years, the FAA disagrees this prohibits the FAA from granting exemptions for a longer time period. The FAA finds an exemption expiration date of June 30, 2023, is reasonable considering the amount of time the petitioner needs for design, test, and helicopter modification. The FAA does agree that the exemption should specify the serial numbers of the aircraft for which it applies. Condition 2 of this exemption requires the petitioner to provide the FAA with the serial numbers of the three affected Model H160 helicopters prior to operating under the conditions of this exemption.
The second commenter is correct that § 29.735(c)(2), which requires the braking device to hold a rotorcraft parked on a 10-degree slope on a dry, smooth pavement, was promulgated in 1964. The Model H160 helicopter uses an electrical braking system instead of a traditional hydraulic activation system. The petitioner intended the electrical breaking system to fully comply with § 29.735, but fell short of this requirement. The FAA finds that granting this time-limited exemption, for three helicopters only, would not adversely affect safety in the 3 interim while the petitioner brings the braking system for all Model H160 helicopters into regulatory compliance. The three Model H160 helicopters covered by this exemption must comply with § 29.735(c)(2) by the date this exemption expires. All other U.S. registered Model H160 helicopters must comply with § 29.735(c)(2) prior to being issued a type certificate. Additionally, condition 1(a) ensures that there is no adverse impact on safety in areas with unpaved or unimproved surfaces by limiting landing and parking under this exemption to paved surfaces.
Section 29.735(c)(2) only applies to parking of the helicopter. Thus, an analysis of the impact of the EBS on dynamic maneuvers that may require the use of brakes, as requested by the third commenter, would not be relevant to this exemption petition.
The FAA finds that granting a time-limited exemption on these three helicopters is in the public interest because these Model H160 helicopters will replace Sikorsky S-76 helicopters that were type certificated as long ago as 1965. These older helicopters lack many safety features now required by 14 CFR part 29. The Model H160 will provide a 300 or greater percent increase in survivable g-forces in the event of an emergency landing (survivable crash). These Model H160 helicopters are also designed with fuel tanks that can survive these higher sustainable crash loads without leaking fuel and starting a fire. The helicopters being replaced do not have these features.
So my understanding is that Airbus Helicopters asked for an exemption to get three helicopters flying and operational, with an arbitrary future expiry for this exemption. The certification took longer than expected, and the redesign of the braking system was not fitted to the aircraft undergoing certification or has not yet been finalised, so the aircraft was certified subject to the exemption which has now expired. So the type has FAA certification, but the wheel brakes need a redesign before a revised TCDS is issued. Just my interpretation - happy to be corrected.