[Federal Register Volume 89, Number 133 (Thursday, July 11, 2024)]
[Proposed Rules]
[Pages 56824-56825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14489]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / 
Proposed Rules  

[[Page 56824]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2024-1794]


Draft Policy Statement on Special Class Rotorcraft

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of availability; request for comments.

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SUMMARY: The FAA invites public comment on the agency's draft policy 
statement PS-AIR-21.17-02, ``Special Class Rotorcraft.'' This proposed 
policy would identify certain rotorcraft as special class.

DATES: Comments must be received on or before September 9, 2024.

ADDRESSES: Send comments identified with ``PS-AIR-21.17-02'' and docket 
number FAA-2024-1794 using any of the following methods:
     Federal eRulemaking Portal: Go to 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 or 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 received without change to 
www.regulations.gov, including any personal information the commenter 
provides. 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 DocketsInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: James Blyn, Product Policy Management: 
Airplanes, GA, Emerging Aircraft, and Rotorcraft AIR-62B, Policy and 
Standards Division, Aircraft Certification Service, Federal Aviation 
Administration, 10101 Hillwood Pkwy., Fort Worth, Texas 76177; 
telephone (817) 222-5762; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Advancements in technology have resulted in the development of 
electrically powered rotorcraft with more than two main rotor systems. 
Although these aircraft are rotorcraft as defined in 14 CFR part 1, the 
FAA has found that they are not typical of the rotorcraft designs 
utilizing main and auxiliary rotors envisaged by the rotorcraft 
airworthiness standards in 14 CFR parts 27 and 29.
    Rotorcraft type-certificated in the normal and transport categories 
under parts 27 and 29, respectively, have primarily been helicopters 
that use a single main rotor and an anti-torque rotor or two main 
rotors to provide lift and thrust for horizontal flight. Helicopters 
create lift by changing the pitch of the main rotor blades and move 
into horizontal flight by varying the pitch of the main rotor blades 
throughout their rotation.
    Over the past few years, the FAA has been working with potential 
applicants on certification projects for normal category rotorcraft 
designs that create lift and thrust by using multiple (three or more) 
rotor systems. Instead of varying the pitch of the rotor blade 
throughout its rotation, these aircraft create directional control for 
horizontal movement by varying the power at each rotor. These aircraft 
also rely on electric or hybrid-electric propulsion and not (or not 
only) a traditional internal combustion engine. Additionally, they 
employ advanced flight control system designs, such as fly-by-wire, 
that are highly integrated with the electric propulsion system. These 
designs provide extensive flight envelop protection and introduce high 
levels of automation.
    During these projects, the FAA has found that existing type 
certification criteria do not accommodate or apply to these rotorcraft. 
For example, only 60 percent of the requirements in part 27 may be 
appropriate for these designs. Some of the remaining requirements are 
not applicable and would need exemptions from the regulatory 
requirements. For other requirements, due to the novel and unusual 
design, applicants would need special conditions to modify the existing 
standards. Furthermore, additional airworthiness criteria, for which 
there are no standards in part 27, would require special conditions to 
provide an appropriate safety standard to address the novel and unusual 
design features.
    The FAA amended 14 CFR part 21 at amendment 21-60 to add procedural 
requirements for the issuance of type certificates for special classes 
of aircraft in Sec.  21.17(b). In the Final Rule, the FAA explained 
that it intended the special class category to include, in part, those 
aircraft that would not be eligible for certification under existing 
standards due to their unique, novel, or unusual design features. The 
FAA further stated that the ``decision to type certificate an aircraft 
in either the special class aircraft category or under part 23 of the 
[CFR] is entirely dependent upon the aircraft's unique, novel, and/or 
unusual design features.'' (52 FR 8040, March 13, 1987).
    The rotorcraft described in the paragraphs above have those unique, 
novel, or unusual design features the special class category was 
designed to accommodate. Type certificating these rotorcraft under part 
27 or 29 with exemptions and special conditions would be a lengthy 
administrative process. The resulting certification basis will likely 
contain a portion of the existing airworthiness standards combined with 
a significant number of special conditions containing unique 
airworthiness criteria. Moreover, the special class process provides 
the public greater visibility of the complete certification basis. The 
level of safety provided by the certification basis would be the same 
under either process.
    Accordingly, the FAA has determined that special class rotorcraft 
as defined in this policy are sufficiently different from the normal 
and transport category rotorcraft envisaged by parts 27 and 29, 
respectively, to be considered a ``special class'' of rotorcraft under 
Sec.  21.17(b). This finding is consistent with the definition of 
``class'' in part 1 as used with respect to the certification of 
aircraft. The FAA has concluded that

[[Page 56825]]

designating these rotorcraft as a special class under Sec.  21.17(b) 
would provide a more practical means of type certification and is in 
the public interest. Additionally, an applicant for a special class 
rotorcraft may use propellers in place of rotors for the rotorcraft's 
lift and directional control.

Comments Invited

    The FAA invites the public to submit comments on the draft policy 
statement, as specified in the ADDRESSES section. Commenters should 
include the subject line ``PS-AIR-21.17-02'' and the docket number FAA-
2024-1794 on all comments submitted to the FAA. The most helpful 
comments will reference a specific portion of the draft document, 
explain the reasons for any recommended change, and include supporting 
data. The FAA will consider all comments received on or before the 
closing date before issuing the final policy statement. The FAA will 
also consider comments filed late if it is possible to do so without 
incurring expense or delay.
    You may examine the draft advisory circular on the agency's public 
website and in the docket as follows:
     At http://www.regulations.gov in Docket Number FAA-2024-
1794.
     At http://www.faa.gov/aircraft/draft_docs/.

    Issued in Kansas City, Missouri, on June 26, 2024.
Patrick Mullen,
Manager, Technical Policy Branch, Policy and Standards Division, 
Aircraft Certification Service.
[FR Doc. 2024-14489 Filed 7-10-24; 8:45 am]
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