[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Rules and Regulations]
[Pages 34493-34495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10421]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Rules 
and Regulations  

[[Page 34493]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 29

[Docket No. FAA-2020-0495; Special Conditions No. 29-049-SC]


Special Conditions: Leonardo S.p.A. (Leonardo), Model AW169; Use 
of 30-Minute All Engines Operating (AEO) Power Rating

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for the Leonardo Model 
AW169 helicopter. This model helicopter will have the novel or unusual 
design feature associated with a 30-minute all engines operating (AEO) 
power rating. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for this design feature. These 
special conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

DATES: The effective date of these special conditions is June 22, 2020. 
The FAA must receive your comments by July 6, 2020.

ADDRESSES: Send comments identified by docket number FAA-2020-0495 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery of Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m., and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://regulations.gov, including any personal information 
the commenter provides. Using the search function of the docket 
website, anyone can find and read the electronic form of all comments 
received into any FAA docket, including the name of the individual 
sending the comment (or signing the comment for an association, 
business, labor union, etc.). DOT's complete Privacy Act Statement can 
be found in the Federal Register published on April 11, 2000 (65 FR 
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Regulations and Policy 
Section, AIR-681, Rotorcraft Standards Branch, Policy & Innovation 
Division, Aircraft Certification Service, 10101 Hillwood Parkway, Fort 
Worth, Texas 76177; telephone (817) 222-4389; facsimile (817) 222-5961.

SUPPLEMENTARY INFORMATION: 

Reason for No Prior Notice and Comment Before Adoption

    The FAA has determined, in accordance with 5 U.S.C. 553(b)(3)(B) 
and 553(d)(3), that notice and opportunity for prior public comment 
hereon are unnecessary because substantially identical special 
conditions have been previously subject to the public comment process 
in several prior instances such that the FAA is satisfied that new 
comments are unlikely. For the same reason, the FAA finds that good 
cause exists for adopting these special conditions upon issuance. The 
FAA is requesting comments to allow interested persons to submit views 
that may not have been submitted in response to the prior opportunities 
for comment.

------------------------------------------------------------------------
       Special conditions number           Company and helicopter model
------------------------------------------------------------------------
No. 29-037-SC \1\......................  Airbus Helicopters Deutschland
                                          GmbH Model MBB-BK117 D-2.
No. 29-034-SC \2\......................  AgustaWestland Model AW189.
No. 29-011-SC \3\......................  Sikorsky Aircraft Corporation
                                          Model S-92A.
No. 29-004-SC \4\......................  Sikorsky Model S76C.
------------------------------------------------------------------------
\1\ 79 FR 78694, December, 31, 2014.
\2\ 79 FR 54889, September 15, 2014.
\3\ 67 FR 65871, October 29, 2002.
\4\ 63 FR 32972, June 17, 1998.

Comments Invited

    While the FAA did not precede these special conditions with a 
notice of proposed special conditions, the FAA invites interested 
people to take part in this rulemaking by sending written comments, 
data, or views. The most helpful comments reference a specific portion 
of the special conditions, explain the reason for any recommended 
change, and include supporting data.
    The FAA will consider all comments received by the closing date for 
comments. The FAA will consider comments filed late if it is possible 
to do so without incurring expense or delay. The FAA may change these 
special conditions based on the comments received.

Background

    On August 20, 2019, Leonardo applied for FAA validation of its 
change to Type Certificate (TC) No. R00007RD for a 30-minute AEO power 
rating for the Model AW169 helicopter. The Model AW169 is a Transport 
Category, twin engine helicopter designed for civil operations. This 
model has a 10 seat capacity and is type certificated as a Category A 
rotorcraft under instrument flight rules for both single and dual pilot 
configurations. It is powered by two Pratt & Whitney Canada Model 
PW210A engines.
    Leonardo proposes that the Model AW169 include the use of a novel 
and unusual design feature, which is a 30-minute AEO power rating. The 
30-minute AEO power rating is generally intended to be used for 
hovering at increased power for search and rescue missions. 14 CFR 1.1 
defines ``rated takeoff power'' as limited in use to no more than 5 
minutes for takeoff operation. The use of takeoff power for

[[Page 34494]]

30 minutes will require special airworthiness standards, known as 
special conditions, to address the use of this 30-minute AEO rating and 
its effects on the rotorcraft. These special conditions will add 
requirements to the existing airworthiness standards in 14 CFR 29.1049 
(Hovering cooling test procedures), Sec.  29.1305 (Powerplant 
instruments), and Sec.  29.1521 (Powerplant limitations).

Type Certification Basis

    Under 14 CFR 21.101, Leonardo must show that the Model AW169 
helicopter, as changed, continues to meet the applicable provisions of 
the regulations incorporated by reference in TC No. R00007RD or the 
applicable regulations in effect on the date of application for the 
change. The regulations incorporated by reference in the TC are 
commonly referred to as the ``original type certification basis.'' The 
regulations incorporated by reference in TC No. R00007RD are as 
follows:

    14 CFR part 21.29.
    14 CFR part 29 Amendment 29-1 through 29-52, dated March 30, 
2010.
    14 CFR part 36 appendix H, Amendment 36-1 through 36-28, dated 
March 11, 2013.
    14 CFR part 29 Amendment 29-1 through 29-55 only for Hoist 
Installation.
    Equivalent Level of Safety Findings issued against:
    (a) 14 CFR 29.807(c) Emergency Exits Access (documented in ELOS 
Memo TC4266RD-R-C-01).
    (b) 14 CFR 29.813(c) Passenger access to each emergency exit 
(documented in ELOS Memo TC4266RD-R-C-02).
    (c) 14 CFR 29.811(c) Emergency exit marking (documented in ELOS 
Memo TC4266RD-R-C-03).
    (d) 14 CFR 29 Subpart B, 29.1305, 29.1549 ``Engine Training 
Mode'' (documented in ELOS Memo TC4266RD-R-F-01).
    (e) 14 CFR 29.1545(b)(4) Airspeed indicator green arcs 
(documented in ELOS Memo TC4266RD-R-F-02).
    (f) 14 CFR 29.1305 and 29.1549 Power Index (documented in ELOS 
Memo TC4266RD-R-F-06).

    In addition to the applicable airworthiness regulations and special 
conditions, the Leonardo Model AW169 helicopter must comply with the 
fuel vent and exhaust emission requirements of 14 CFR part 34 and the 
noise certification requirements of 14 CFR part 36.

Regulatory Basis for Special Conditions

    The Administrator has determined that the applicable airworthiness 
regulations (that is, 14 CFR part 29) do not contain adequate or 
appropriate safety standards for the Leonardo Model AW169 helicopter 
because of a novel or unusual design feature. Therefore, special 
conditions are prescribed under the provisions of 14 CFR 21.16.
    The FAA issues special conditions, as defined in Sec.  11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.
    Special conditions are initially applicable to the model for which 
they are issued. Should the TC for that model be amended later to 
include any other model that incorporates the same novel or unusual 
design feature, the special conditions would also apply to the other 
model under Sec.  21.101.

Novel or Unusual Design Features

    The Leonardo Model AW169 helicopter will incorporate the following 
novel or unusual design feature:
     A 30-minute AEO power rating.

Discussion

    The following is a summary of the final special conditions:
    (a) In addition to the requirements of Sec.  29.1049, the aircraft 
cooling effects due to the use of the 30-minute AEO power rating versus 
the Takeoff (5-minute) rating must be accounted for in the testing.
    (b) In addition to the requirements of Sec.  29.1305, since this 
new 30-minute AEO power rating has a time limit associated with its 
use, the pilot must have the means to identify:
    (1) When the rated engine power level is achieved,
    (2) When the event begins,
    (3) When the time interval expires, and
    (4) When the cumulative time in one flight is reached.
    (c) In addition to the requirements of Sec.  29.1521, this new 30-
minute AEO power rating must be limited to not more than 30 minutes per 
use. This new rating will allow the use of power above maximum 
continuous power (MCP) for 30 minutes.
    (d) Furthermore, the Model AW169 rotorcraft flight manual must 
include limitations on the use of the 30-minute AEO power rating, which 
states that continuous use above MCP takeoff power is limited to 30 
minutes.

Applicability

    These special conditions are applicable to the Leonardo Model AW169 
helicopter. Should Leonardo apply at a later date for an amendment to 
the TC to include another model incorporating the same novel or unusual 
design feature, the special conditions would apply to that model as 
well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of helicopters. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 29

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for the Leonardo Model AW169 helicopter. 
Unless stated otherwise, all requirements in Sec. Sec.  29.1049, 
29.1305, and 29.1521 remain unchanged.
    Section 29.1049, Hovering cooling test procedures. In addition to 
the requirements of this section, for rotorcraft with a 30-minute all 
engines operating (AEO) power rating, the hovering cooling provisions 
at the 30-minute AEO power rating must be shown--
    (a) At maximum weight or at the greatest weight at which the 
rotorcraft can hover (if less), at sea level, with the power required 
to hover but not more than the 30-minute power, in the ground effect in 
still air, until at least 5 minutes after the occurrence of the highest 
temperature recorded, or until the continuous time limit of the 30-
minute AEO power rating if the highest temperature recorded is not 
stabilized before.
    (b) At maximum weight and at the altitude resulting in zero rate of 
climb for this configuration, until at least 5 minutes after the 
occurrence of the highest temperature recorded, or until the continuous 
time limit of the 30-minute AEO power rating if the highest temperature 
recorded is not stabilized before.
    Section 29.1305 Powerplant instruments, at Amendment 29-40. In 
addition to the requirements of this section, for rotorcraft with a 30-
minute AEO power rating, a means must be provided to alert the pilot 
when the engine is at the 30-minute power level, when the event begins, 
when the time interval expires, and when the cumulative time in one 
flight is reached.
    Section 29.1521 Powerplant limitations, at Amendment 29-41. In 
addition to the requirements of this section, the use of the 30-minute 
AEO power must be limited to not more than 30 minutes per use. The use 
of the 30-minute power must also be limited by:
    (1) The maximum rotational speed, which may not be greater than--

[[Page 34495]]

    (i) The maximum value determined by the rotor design; or
    (ii) The maximum value demonstrated during the type tests;
    (2) The maximum allowable turbine inlet or turbine outlet gas 
temperature (for turbine engines);
    (3) The maximum allowable power or torque for each engine, 
considering the power input limitations of the transmission with AEO;
    (4) The maximum allowable power or torque for each engine 
considering the power input limitations of the transmission with one 
engine inoperative;
    (5) The time limit for the use of the power corresponding to the 
limitations established in paragraphs (1) through (4) above; and
    (6) The maximum allowable engine and transmission oil temperatures, 
if the time limit established in paragraph (5) above exceeds 2 minutes.

    Issued in Fort Worth, Texas, on May 5, 2020.
Jorge Castillo,
Manager, Rotorcraft Standards Branch, AIR-680, Policy & Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2020-10421 Filed 6-4-20; 8:45 am]
 BILLING CODE 4910-13-P