From
Regulations.gov
The FAA has received a number of petitions for exemption to increase the gross weight of specific helicopters to exceed the weight limitation of § 27.1. Typically, the FAA has denied these requests. The FAA has only granted exemptions to § 27.1 in one situation, directly related to rulemaking that increased the weight limitation for all part 27 helicopters. In 1995, the FAA established an Aviation Rulemaking Advisory Committee (ARAC) effort to recommend new or revised requirements for increasing the gross weight and passenger limitations for normal category rotorcraft. This ARAC included representatives from the FAA, Joint Aviation Authorities, and TCCA as well as US and European helicopter manufacturers.
This ARAC agreed that a gross weight limitation increase of part 27 to 7,000 pounds was appropriate. This was primarily because the evolution of the rotorcraft design standards (including the implementation of new crash worthiness regulatory requirements intended to improve occupant survivability in the event of a crash) had driven an increase to the gross weight of modem day part 27 helicopters and impacted the entire helicopter community. In conjunction with this increase, the ARAC agreed to certain increased design standards for part 27. Shortly after the ARAC recommendations were accepted by the FAA, but prior to final rulemaking, the FAA granted three exemptions to allow an increase in gross weight to specific helicopters. In all three cases, the FAA imposed all of the newly proposed rules, including the enhanced crashworthiness regulatory requirements.
The only other similar part 27 petition for gross weight increase was received in 2007. After reviewing the reasons for that request, the FAA found the request did not differ materially from previously denied requests. The FAA denied that request without public input because the denial was not precedent setting. Similarly, this petition for exemption does not differ materially from previously denied requests.
The argument made by the petitioner that an increase in gross weight for the Bell 429 is needed to accommodate the installation of safety enhancing equipment is not valid justification. An increase in gross weight for any normal category helicopter would accommodate the installation of additional safety enhancing equipment.
The FAA's Decision:
In consideration of the foregoing and the fact that this petition does not differ materially from other petitions that have been denied in the past, the FAA finds that a grant of exemption would not be in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 4470 I, delegated to me by the Administrator, the petition of Bell Helicopter Textron Canada Limited for an exemption from 14 CFR § 27.1 is hereby denied.