The essential issue that had (has) to be addressed is that regulating (limiting) operations from within certification regulations results in unforeseen consequences.
The method suggested in NPA 2014-19 sought to change the basic premise of PART 29.1 - i.e. that all helicopters with more than 9 passenger seats should be operated for 'passenger transportation'; either through the utilisation of Category A procedures (29.1(c) - PC1), or by applying the HV Diagram as a Limitation
and limiting the mass with the second segment climb performance (29.1(e) - PC2). Neither of these foresees the complexity of offshore operations or addresses, where permitted, Exposure.
States have, for some time, lived with this 'feature' of Part 29.1 in a similar way; when providing a regulation which requires compliance with the operating procedures and limitation of the Flight Manual, they provide the appropriate alleviation to the HV Limitation in its immediate vicinity.
Hence:
FAR 91.9(a) and FAR 91.9(d);
JAR-OPS 3.005(b) and Appendix 1 to JAR-OPS 3.005(b).
(Proposed) EASA Essential Requirements: Annex V Article 4.1 and 4.2:
4.1. An aircraft must be operated in accordance with its airworthiness documentation and all related operating procedures and limitations as expressed in its approved flight manual or equivalent documentation, as the case may be. The flight manual or equivalent documentation must be available to the crew and kept up to date for each aircraft.
4.2. Notwithstanding 4.1., for operations with helicopters a momentary flight through the limiting height velocity envelope may be permitted, provided that an adequate level of safety is ensured.
This returns the Essential Requirements to the
status quo ante and achieves operational flexibility with the least disruption. It requires no amendment of EASA OPS which were drafted in the understanding that such a clause would be provided.
Jim