3-1 CHAPTER 3. OPERATING RULES AND REQUIREMENTS
3.1 Operating Rules. Title 14 CFR part 133, § 133.33(c) pertains to operational requirements and refers to the operational flight checks that each person must initially demonstrate in a manner that does not endanger persons or property on the surface.
This operational flight check applies to any rotorcraft-load combination (RLC) that differs substantially from any that person has previously carried with that type of rotorcraft as described in paragraph 2.4.6 of this AC.
1. An example of Class B loads that do not differ substantially from each other is an air conditioner versus an electrical transformer. Both these loads are non-aerodynamic and not considered substantially different.
2. An example of loads that could differ substantially is an air conditioner versus a large pane of glass or other lightweight loads. These loads are substantially different because the pane of glass can be aerodynamic under certain conditions.
Note: When the loads differ substantially, a flight characteristics check may also be required in accordance with § 133.41.
3.2 Congested Area Operations.
3.2.1 Requirements for Congested Area Operations. Section 133.33(d) establishes the requirements for conducting external-load operations over congested areas. Each operation is required to be conducted under a plan that must be approved by the Flight Standards District Office (FSDO) having jurisdiction over the area in which the operation is to be conducted. It is not intended that a separate plan be required for each flight.
One plan will suffice for an operation that might require several flights to complete.
Each plan should provide sufficient information for a thorough evaluation of all safety matters. A chart depicting flight routes and altitudes should be included in each operating plan. Aeronautical charts may be used if the scale and detail is sufficient for evaluation purposes. Past experience has shown that city maps distributed by oil companies are excellent for congested area operating plans. Lack of adequate charts may make it necessary to use a hand-drawn chart to identify routes over city streets, railroad tracks, riverbeds, etc. In order that each congested area operating plan may be properly evaluated, it should be submitted at least 5 business-days in advance of the proposed operation to the appropriate office.
3.2.2 Restricted Category Helicopter Considerations. Section 133.45(d) states, “No person may conduct an external-load operation under this part with a rotorcraft type certificated in the restricted category under § 21.25 over a densely populated area, in a congested airway, or near a busy airport where passenger transport operations are conducted.” The following considerations should be clearly understood by restricted category helicopter operators:
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1. During the development of part 133, it was necessary to consider the application of the minimum safe altitude rules of 14 CFR part 91, § 91.119 as they would apply to flight operations over congested areas. Specifically, it was necessary to provide exceptions for external-load operations over both congested areas and other than congested areas. The first was accomplished in § 133.33(d), which authorizes congested area operations under specified conditions for helicopters type certificated (TC) under 14 CFR part 27 or 29.
A restricted category (14 CFR part 21) helicopter is ineligible for use over congested areas during external-load operations. Secondly, § 133.33(e) was designed to allow for external-load operations below those altitudes otherwise prohibited by § 91.119 which do not create a hazard to persons or property on the surface. This rule is applicable to normal and restricted category helicopters alike.
2. Section 91.313(e) prohibits the operation of restricted category civil aircraft over densely populated areas, in congested airways, or near a busy airport where passenger transport operations are conducted, except when operating in accordance with the terms and conditions of a Certificate of Waiver (CoW) or special operating limitations issued by the Administrator. External-load operators are eligible for such waivers applicable to restricted category helicopters, as are the operators of any other restricted category aircraft. In the case of the external-load operator, such a waiver is applicable to all operations otherwise prohibited by § 91.313(e), except when that operator is engaged directly in external-load operations. Section 133.45(d) reinforces the prohibition of § 91.313(e) for external-load operations, and waiver provisions are not authorized.
3. Access routes (ingress/egress) to the site of an external-load operation should not be construed to be a part of the external-load operation. Access to and from the worksite not involving an external load operation should be considered a part 91 operation.
Note: To review: A restricted category helicopter may not be used by an external-load operator for external-load operations in any circumstance over congested areas, over densely populated areas, in congested airways, or near busy airports where passenger transport operations are conducted.
3.2.3 Congested Area. The term “congested area” has been applied on a case-by-case basis since it first appeared in the Air Commerce Regulations of 1926; a more precise mathematical or geographic definition has yet been developed. The term has never been defined in any regulation. However, the following guidelines have been applied by the Civil Aeronautics Board (CAB) (now the National Transportation Safety Board (NTSB)) in attempting to give the term fair and equitable effect:
1. The term is administered so as to protect persons and property in small, sparsely settled communities, as well as persons and property in large metropolitan areas, from the hazards presented by aircraft. Thus, the size of the area is not controlling, and violations of the rule have been sustained
3-3 for operation of aircraft: (i) over a small congested area consisting of approximately 10 houses and a school; (ii) over the campus of a university;
(iii) over a beach area along a highway; and (iv) over a summer camp where there were numerous people on the docks and children at play on shore.
2. The presence of people is important to the determination of whether a particular area is congested. Thus, no violation was found in the case of a flight over a large shop building and four one-family dwellings because, in the words of the CAB Examiner, “it was not known whether the dwellings were occupied.” In that case, the area surrounding the buildings was open, flat, and semi-arid. For external-load operations, a factory with adjacent occupied parking lots, filled with employees and vehicles, might be considered a congested area unless the parking lots and employees are vacated and necessary precautions taken to prevent vehicles and persons from reentering the area.
3. The term is administered to prohibit overflights that cut the corners of large, heavily congested residential areas.
4. As stated in § 91.119(b), the congested area could be any area of a city, town, or settlement. However, no precise density of population, ground traffic, or congestion, or precise description of the proximity of buildings or number of residences, has yet been devised that will achieve both the intended protection of persons and property on the ground, and fair application of the rule to operators of aircraft.
3.2.4 Densely Populated Areas. A densely populated area could be considered almost synonymous with a congested area. Those areas of a city, town, or settlement which contain a large number of occupied homes, factories, stores, schools, university and hospital-type buildings, and other related business structures, might be considered densely populated areas. Additionally, a densely populated area may not contain any buildings, but could consist of a large gathering of persons, such as on a beach area or at an airshow, a ball game, fairgrounds, etc.
3.2.5 Near a Busy Airport Where Passenger Transport Operations Are Conducted.
An external-load operation conducted within an airport’s Class D airspace could be considered “near” in the application of § 133.45(d). External-load operations cannot be conducted within such an area when passenger transport operations (air carrier and air taxi) are being conducted to or from those airports. Accordingly, the operator must be advised that advance coordination with the controlling air traffic control (ATC) facilities will be necessary to ensure the establishment of proposed hours of external-load operations, and that adequate procedures will be utilized to ensure that no external-load operation is conducted when passenger transport operations to or from the airport are in progress. Passenger transport operations will be considered “in progress” whenever an aircraft engaged in such operations is in flight within the above defined areas, and the operator is so advised by ATC.
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3.2.6 Congested Area Plan (CAP). For congested area operations, the operator must develop a plan for each complete operation, coordinate this plan with the FAA FSDO having jurisdiction over the area in which the operation will be conducted, and obtain approval for the operation from that district office. The plan must include a Letter of Agreement (see Figure 3-2, Letter of Agreement for Congested Area) with the appropriate political subdivision that local officials will exclude unauthorized persons from the area in which the operation will be conducted, coordination with ATC, if necessary, and a detailed chart depicting the flight routes and altitudes.
3-5 Figure 3-1. Sample Congested Area Plan (Submit in duplicate.)
Name, Address, Telephone Number of Operator:
Name, Address, Telephone Number of Contractor:
Rotorcraft Identification Number: N Rotorcraft Make and Model (HU-369D, etc.):
Rotorcraft Airworthiness Category (Normal, Restricted, Transport):
Pilot Name and Certificate Number:
DATES AND TIMES OPERATION WILL BEGIN AND TERMINATE:
Date Time begin Time end
Name, title, and telephone number of appropriate official of the local subdivision who has agreed to exclude unauthorized persons from the operational area, if applicable:
Copy of agreement attached? Yes/No List of streets or roads that will be blocked during operation, if applicable:
Ingress/egress routes, if applicable:
(If appropriate) This operation has been coordinated with the following air traffic control facilities:
Description and weight of loads to be carried:
Class:
Description:
3-6 Length of attaching means (includes hook and cable):
Weight of load:
Physical size of load:
List of buildings that must be either partially or entirely unoccupied by persons:
Building description/address:
Owners:
Telephone number:
Load penetration (for occupied buildings):
How many floors could the load penetrate if dropped from the highest point of lift above the building? floors What is the maximum height the load will be lifted above the building? feet Are charts, maps, and/or diagrams attached? Yes/No Narrative description of pickup site, route, delivery site, and plan for ceasing operation if unauthorized persons enter operational area:
(Use additional sheets as necessary.)
[Company official’s signature] [Title] [Date]
Sample Diagram of Congested Area Plan Route of Flight Pick-up SIte
• Emergency 8th Street + Landing Site Locations Operational Area 7th Street B Tower AV Street Blocked Tower will be vacated. No persons or vehicies will 14 stories to rooftop. Top two stories of the be on the ground in the operational area who are not directly associated with the operation. Seven city policemen will be provided to secure the operational area. See attached agreement with city police department. The fire department was notified of the operation and stated that they would be on the scene If possible.
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3-8 Figure 3-2. Letter of Agreement for Congested Area
LETTER OF AGREEMENT FOR CONGESTED AREA Personnel of the [name of the political subdivision] agree to exclude all unauthorized persons from the operational area described on the attached CAP, which was prepared for rotorcraft external-load operations. I understand that the operations will be conducted on [dates] and remove the operator’s responsibility to exclude all unauthorized persons from the operational area.
[Signature of official] [Name of official] [Title of official] [Date]
3.3 Carriage of Persons.
3.3.1 Passenger Carrying Versus Carriage of Persons. Part 133 does not provide for “passenger-carrying” operations, but does provide for the “carriage of persons” in accordance with § 133.35. If conducting passenger-carrying operations, the operation must comply with part 91 or 135. No Class A, B, or C external-load operator may allow passenger carrying during external-load operations unless the person carried is a flightcrew member, is a flightcrew member trainee, performs an essential function in connection with the external-load operation, or is necessary to accomplish the work activity directly associated with the external-load operation. An operator with Class D external-load approval may receive authorization to transport persons externally who are other than a crewmember or not directly associated with the external-load operation.
3.3.2 Class B Human External Cargo (HEC). Under § 133.35, an operator with a Class B approval is authorized to externally carry a crewmember, a person essential to the external-load operation, or a person who is necessary to accomplish the work activity directly associated with that operation with a single-engine or multiengine rotorcraft, in accordance with applicable operating limitations. If Rotorcraft Flight Manual (RFM) or RFM Supplement (RFMS) operating limitations, markings, or placards contain language prohibiting use for HEC, operators of civil rotorcraft must comply with those limitations in accordance with § 91.9(a) (e.g., an RFMS limitation such as, “the cargo hook is approved for non-human cargo, Class B rotorcraft-load combinations only”).
The RFM or RFMS may also include additional limitations indicating certification for HEC (e.g., “the external load system meets the 14 CFR part 27 certification requirements for HEC”). The operator may carry the persons in the following examples as a Class B external load, which must be jettisonable:
• Power line patrol/maintenance personnel.
• Rescue personnel who are performing emergency medical and rescue services.
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3.4 Human External Cargo (HEC).
3.4.1 Class D Load Combination Operations. As with other load combinations, Class D operations must be authorized per § 133.17. Additionally, the operator is required to have an FAA-approved initial and recurrent training program. Any pilot conducting Class D operations must be current in accordance with the training requirements of § 133.37.
Finally, the rotorcraft must meet the equipment requirements of § 133.45(e) and the Rotorcraft-Load Combination Flight Manual (RLCFM) must contain information essential for safe operation with Class D loads.
Note: Part 133 operations under instrument flight rules (IFR) must be specifically approved by the FAA; however, no person may be carried as part of an external load under IFR.
3.4.2 Class B Load Combination Operations. As with other load combinations, Class B operations must be authorized per § 133.17. The test for determining whether it is appropriate to conduct a human external load as a Class B versus a Class D external-load combination operation is to consider the standard industry practices for the work activity being accomplished. If the person is performing an essential function in connection with the external-load operation or is necessary to accomplish the work activity directly associated with that external-load operation, the operator may be authorized to transport the person as a Class B external-load combination. If the person is not performing an essential function in connection with the external-load operation or is not necessary to accomplish the work activity directly associated with that external-load operation, then the operator would be required to transport the person as a Class D external-load combination if that person is transported externally.
3.4.2.1 Class B HEC has become an essential tool within the rotorcraft-helicopter industry and when conducted utilizing best safety practices has proven to be a safe and efficient means of transport. Pilots and operators should conduct a thorough safety analysis of any proposed Class B HEC operation to ensure that the use of Class B HEC is appropriate to the mission and that a proper hazard identification and risk analysis has been conducted.
3.4.2.2 When conducting Class B HEC operations, it is important to understand the current regulatory requirements. Section 133.23 states the applicant must demonstrate to the Administrator satisfactory knowledge and skill regarding rotorcraft external-load operations. An operator that conducts HEC operations must demonstrate the specific knowledge and skill for safe HEC operations as part of the knowledge and skill test.
3.4.2.3 Section 133.33 states that before a person may operate a rotorcraft with an external-load configuration that differs substantially from any that person has previously carried with that type of rotorcraft (whether or not the RLC is of the same class), that person must conduct, in a manner that will not endanger persons or property on the surface, flight operational checks as the Administrator determines are appropriate to the RLC. Class B HEC load
3-10 combinations differ substantially from other Class B rotorcraft loads and require an operational flight check.
3.4.2.4 Section 133.41 states the applicant must demonstrate to the Administrator, by performing the operational flight checks prescribed, as applicable, that the RLC has satisfactory flight characteristics. HEC operations must be demonstrated utilizing a simulated load (ballast) on the personnel lifting device to verify satisfactory flight characteristics, unless these operational flight checks have been demonstrated previously and the RLC flight characteristics were satisfactory. For the purposes of this demonstration, the external-load weight (including the external-load attaching means) is the maximum weight for which authorization is requested.
3.4.2.5 Section 133.47 states that the applicant must prepare an RLCFM and submit it for approval by the Administrator. The RLCFM must set forth any other information essential for safe operation with external loads. With regard to HEC operations, this information should include at a minimum:
1. Class B HEC Operations.
2. Class B HEC Training:
• Pilot training.
• Crewmember training.
• Recurrent training.
• Recent experience.
3. Personnel Qualifications:
• Pilot qualifications.
• Crewmember qualifications.
4. Class B HEC Briefings.
5. Operational Safety Considerations.
6. Communications.
3.4.2.6 Helicopter operators should select only those pilots that have demonstrated a sufficient level of experience, skill, and ability within Class B vertical reference operations. Class B HEC pilot training should be conducted by an operator’s Chief Pilot or the Chief Pilot’s qualified designee. Pilot training should be conducted and documented in accordance with the operator’s Class B HEC training program and should contain, but is not limited to, the following minimum curriculum:
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3.4.2.6.1 Pilot training:
1. Knowledge and skill training.
2. Demonstrated proficiency with precision vertical reference load placement.
3. Proper load configuration, use, and application of Class B HEC.
4. Installation, inspection, and operation of secondary safety device(s).
5. Acceptance or rejection criteria of HEC attaching means to include long lines, chairs, and/or harnesses.
Note: See Appendix C, Possibility of D-Ring Reversal or Dynamic Rollout During Winching or Long Line Operations, for information about winch operation.
6. Hazard identification, risk analysis, and mitigation.
7. Crew Resource Management (CRM).
8. Communication.
9. Normal/abnormal and emergency procedures pertinent to Class B HEC operations.
10. Electrical wire environment hazards.
11. Fuel management.
3.4.2.6.2 Crewmember training. Crewmembers working on or around the helicopter should be trained by a competent person in the following areas:
1. Acceptance or rejection criteria of HEC attaching means to include long lines, chairs, and/or harnesses.
2. Task-specific operations.
3. Hazard identification, risk analysis, and mitigation.
4. CRM.
5. Communication:
• Emergency procedures pertinent to Class B HEC operations.
• Ground.
• Flight.
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6. Mock-up training and review of:
• Rigging inspection and acceptance or rejection criteria of equipment.
• Communication procedures.
• Simulation of task (both crew and pilot tasks).
7. Documented completed proficiency on all of the above.
Note: Each operator is responsible to ensure that the individuals providing crewmember training have sufficient experience with Class B HEC operations, safe rigging, and fall protection.
Additionally, competent instructors should have working knowledge and understanding of the particular risks associated with the specific operation being conducted.
3.4.2.6.3 Recurrent training. Both pilots and crew members should receive recurrent Class B HEC training annually. Additional training should be conducted and documented for each new operation type, equipment change, or when the mission profile is significantly modified.
3.4.2.6.4 Recent experience. Each operator should have a recent experience program that is designed to ensure each pilot and crewmember is prepared to perform Class B HEC safely and has conducted Class B HEC or equivalent precision operations within a specified period of time. An individual’s recent experience must be obtained from the company’s specific operations and should not carry over from outside experience.
3.4.2.6.5 Pilot qualifications. Helicopter pilots selected to perform Class B HEC operations should have previous experience with HEC operations and should be trained for safe operations within the HEC operating environment.
Operators should establish minimum sufficient experience levels to serve as a basic qualification threshold. Considerations of such minimum experience may include:
• 2,000 hours as pilot in command (PIC) in helicopters.
• 500 hours of vertical reference long line experience.
• 200 hours as PIC in specific type of the helicopter to be used in the Class B HEC operation.
• 200 hours as PIC conducting precision vertical reference, long line operations.
• Knowledge of the hazards and “hands-on” operations to be conducted.
• Fitness for duty and physical or psychological limitations (IMSAFE).