[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Proposed Rules]
[Pages 69265-69267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24175]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 27

[Docket No. FAA-2020-1011; Notice No. 27-051-SC]


Special Conditions: AgustaWestland Philadelphia Corporation, 
Leonardo S.p.A. Model A119 and AW119 MKII Helicopters; Pressure 
Refueling and Fueling Provisions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Leonardo 
S.p.A. (Leonardo) Model A119 and AW119 MKII helicopters. These 
helicopters as modified by AgustaWestland Philadelphia Corporation 
(AWPC) will have a novel or unusual design feature when compared to the 
state of technology envisioned in the airworthiness standards for 
helicopters. This design feature is the optional closed circuit 
refueling receiver (CCRR). The applicable airworthiness regulations do 
not contain adequate or appropriate safety standards for this design 
feature. These proposed 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: Send comments on or before December 2, 2020.

ADDRESSES: Send comments identified by Docket No. FAA-2020-1011 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 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: Except for Confidential Business Information (CBI) as 
described in the following paragraph, and other information as 
described in 14 CFR 11.35, 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).
    Confidential Business Information: CBI is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
these special conditions contain commercial or financial information 
that is customarily treated as private, that you actually treat as 
private, and that is relevant or responsive to these special 
conditions, it is important that you clearly designate the submitted 
comments as CBI.
    Please mark each page of your submission containing CBI as 
``PROPIN.'' The FAA will treat such marked submissions as confidential 
under the FOIA, and they will not be placed in the public docket of 
these special conditions. Submissions containing CBI should be sent to 
Rao Edupuganti, Regulations and Policy Section, AIR-681, Rotorcraft 
Standards Branch, Policy and Innovation Division, Aircraft 
Certification Service, 10101 Hillwood Parkway, Fort Worth, Texas 76177; 
telephone (817) 222-4389; facsimile (817) 222-5961. Any commentary that 
the FAA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.
    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 Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington,

[[Page 69266]]

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 and Innovation 
Division, Aircraft Certification Service, 10101 Hillwood Parkway, Fort 
Worth, Texas 76177; telephone (817) 222-4389; facsimile (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    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 may change these special conditions based on the 
comments received.

Background

    On January 30, 2020, AWPC applied for a supplemental type 
certificate to install an optional CCRR in the Leonardo Model A119 and 
AW119 MKII helicopters. The general configuration and the principles of 
construction of these helicopters will not be changed by the proposed 
modifications. These helicopters are 14 CFR part 27 normal category 
helicopters powered by turboshaft engines, with a 7-passenger maximum 
capacity and minimum crew of one pilot and a maximum weight of 5,997 lb 
(2,720 kg) and 6,283 lb (2,850 kg), respectively. The total useable 
fuel capacity of the Leonardo Model A119 and AW119 MKII helicopters is 
157.0 U.S. gallons distributed within the fuel tanks. Both helicopter 
models are powered by one Pratt & Whitney Canada Inc. PT6B-37A 
turboshaft engine.
    Part 27 does not contain requirements for pressure refueling for 
normal category helicopters. 14 CFR 29.979, amendment 29-12, provides 
these requirements for transport category helicopters. Accordingly, 
these special conditions are based on Sec.  29.979 to provide 
requirements for the inclusion of the optional CCRR on the Leonardo 
Model A119 and AW119 MKII helicopters.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, AWPC must show that the 
Leonardo Model A119 and AW119 MKII helicopters, as changed, continue to 
meet the applicable provisions of the regulations listed in Type 
Certificate No. H7EU or the applicable regulations in effect on the 
date of application for the change. The regulations incorporated by 
reference in the type certificate are commonly referred to as the 
``original type certification basis.'' The certification basis also 
includes certain special conditions, exemptions, or later amended 
sections of the applicable part that are not relevant to these proposed 
special conditions.
    If the Administrator finds that the applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
the Leonardo Model A119 and AW119 MKII helicopters because of a novel 
or unusual design feature, special conditions are prescribed under the 
provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate to incorporate the same novel or unusual design feature, 
these special conditions would also apply to the other model under 
Sec.  21.101.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Feature

    The Leonardo Model A119 and AW119 MKII helicopters will incorporate 
the following novel or unusual design feature: An optional CCRR system 
that allows for pressure refueling.

Discussion

    AWPC proposes to install an optional CCRR system that includes 
provisions for pressure refueling during ground operations with the 
engine running and the rotors turning. The design proposed by AWPC 
allows for both closed-circuit pressure and normal gravity refueling 
and fueling. In this design, the ground crew will be able to perform 
closed-circuit pressure refueling by pulling the receiver into place 
using the provided lanyard tool after the fuel filler cap is opened. 
When gravity fueling is desired, a latch is depressed using the same 
lanyard tool. Depressing the latch causes the receiver to swing open to 
accommodate any nozzle up to three inches in diameter. The CCRR system 
is currently certified on the Leonardo Model AW139 transport category 
helicopter. Relative to the Model AW139 installation, the proposed 
Model A119 and AW119 MKII installations will be clocked 25 degrees 
counter-clockwise, and the receptacle flange will be offset 
approximately two inches outboard of the fuselage profile due to 
packaging constraints. The mechanical components and functional aspects 
of the Model A119 and AW119 MKII CCRR installations are unchanged from 
the previously certified AW139 installation.
    The part 27 airworthiness regulations in the type certification 
basis do not contain appropriate safety standards for this design 
feature. However, part 29 regulations contain appropriate airworthiness 
standards; therefore, these special conditions are necessary. They are 
derived from 14 CFR 29.979, ``Pressure refueling and fueling provisions 
below fuel level.''
    Section 29.979, amendment 29-12, effective February 1, 1977, 
includes standards for pressure refueling and fueling provisions below 
fuel level on transport category helicopters. This regulation is 
intended to prevent hazards to ground crew, flight crew, and occupants 
by reducing the probability of exposure to hazardous quantities of fuel 
due to spillage. This regulation also ensures the pressure refueling/
defueling system is designed to prevent overfilling the fuel tank and 
to withstand an ultimate load overpressure event without failure.
    Section 29.979(a) requires that each fueling connection below the 
fuel level in each tank have means to prevent the escape of hazardous 
quantities of fuel from that tank in case of malfunction of the fuel 
entry valve. The only refueling connection on the Leonardo Model A119 
and AW119 MKII helicopters is located above the fuel level of the 
single main upper, two main lower, and optional two auxiliary fuel 
tanks. As the proposed modification by AWPC does not move the existing 
refueling connection below the fuel line of any fuel tank, these 
special conditions do not include a requirement derived from 14 CFR 
29.979(a).
    Section 29.979(b) requires that systems intended for pressure 
refueling and fueling have a means in addition to the normal means for 
limiting the tank content to prevent damage to the tank in case of 
failure of the normal means.
    Section 29.979(c) requires that the helicopter pressure fueling 
system (not fuel tanks and fuel tank vents) withstand an ultimate load 
that is 2.0 times the load arising from the maximum pressure, including 
surge, likely to occur during fueling. The maximum surge pressure must 
be established with any combination of tank valves being either 
intentionally or inadvertently closed.
    Section 29.979(d) requires that the helicopter defueling system 
(not including fuel tanks and fuel tank vents)

[[Page 69267]]

withstand an ultimate load that is 2.0 times the load arising from the 
maximum permissible defueling pressure (positive or negative) at the 
helicopter's fueling connection. As the design proposed by AWPC does 
not include a defueling capability, these special conditions do not 
include a requirement derived from 14 CFR 29.979(d).
    These proposed 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.

Applicability

    As discussed above, these proposed special conditions are 
applicable to Leonardo Model A119 and AW119 MKII helicopters. Should 
AWPC apply at a later date for a supplemental type certificate to 
modify any other model included on Type Certificate No. H7EU to 
incorporate the same novel or unusual design feature, these special 
conditions would apply to that model as well.

Conclusion

    This action affects only one novel or unusual design feature on the 
Leonardo Model A119 and AW119 MKII helicopters. It is not a rule of 
general applicability and affects only the applicant who applied to the 
FAA for approval of this feature on these helicopters.

List of Subjects in 14 CFR Part 29

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

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

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration proposes the 
following special conditions as part of the type certification basis 
for Leonardo S.p.A. Model A119 and AW119 MKII helicopters, as modified 
by AgustaWestland Philadelphia Corporation.
    The pressure refueling system must be designed and installed as 
follows:
    (a) For systems intended for pressure refueling, a means in 
addition to the normal means for limiting the tank content must be 
installed to prevent damage to the fuel tank in case of failure of the 
normal means.
    (b) The helicopter pressure fueling system (not fuel tanks and fuel 
tank vents) must withstand an ultimate load that is 2.0 times the load 
arising from maximum pressure, including surge, that is likely to occur 
during fueling. The maximum surge pressure must be established with any 
combination of tank valves being either intentionally or inadvertently 
closed.

    Issued in Fort Worth, Texas on October 27, 2020.
Jorge Castillo,
Manager, Rotorcraft Standards Branch, AIR-680, Policy & Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2020-24175 Filed 10-30-20; 8:45 am]
BILLING CODE 4910-13-P


