[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Rules and Regulations]
[Pages 20264-20266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07978]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 29

[Docket No. FAA-2021-0241; Special Conditions No. 29-053-SC]


Special Conditions: Airbus Helicopters Model H160B Helicopter; 
Use of 30-Minute All Engines Operating Power Rating

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Airbus Helicopters 
(Airbus) Model H160B helicopter. This model helicopter will have a 
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: 
    Effective date: The effective date of these special conditions is 
May 4, 2021.
    Comment due date: The FAA must receive your comments by May 19, 
2021.

ADDRESSES: Send comments identified by docket number FAA-2021-0241 
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: Except for Confidential Business Information (CBI) as 
described in the following paragraph, and other information as 
described in 14 CFR 1.35, 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), as well as at http://DocketsInfo.dot.gov.
    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, Dynamic System Section, AIR-627, Technical 
Innovation Policy Branch, Policy and Innovation Division, Aircraft 
Certification Service, 10101 Hillwood Parkway, Fort Worth, TX 76177; 
telephone (817) 222-5110; email Rao.Edupuganti@faa.gov. 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 the Docket Operations in Room W12-
140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington,

[[Page 20265]]

DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Dynamic System 
Section, AIR-627, Technical Innovation Policy Branch, Policy and 
Innovation Division, Aircraft Certification Service, 10101 Hillwood 
Parkway, Fort Worth, TX 76177; telephone (817) 222-5110; email 
Rao.Edupuganti@faa.gov.

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 No.           Company and helicopter model
------------------------------------------------------------------------
No. 29-049-SC \1\.........................  Leonardo S.p.A., Model
                                             AW169.
No. 29-037-SC \2\.........................  Airbus Helicopters
                                             Deutschland GmbH Model MBB-
                                             BK117 D-2.
No. 29-034-SC \3\.........................  AgustaWestland Model AW189.
No. 29-011-SC \4\.........................  Sikorsky Aircraft
                                             Corporation Model S-92A.
No. 29-004-SC \5\.........................  Sikorsky Model S76C.
------------------------------------------------------------------------
\1\ 85 FR 34493, June 5, 2020.
\2\ 79 FR 78694, December 31, 2014.
\3\ 79 FR 54889, September 15, 2014.
\4\ 67 FR 65871, October 29, 2002.
\5\ 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 you to send any 
written relevant data, views, or arguments about this final special 
condition. Send your comments to an address listed under ADDRESSES. 
Include ``Docket No. FAA-2021-0241; Special Conditions No. 29-053-SC'' 
at the beginning of your comments. 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 November 7, 2014, Airbus applied for FAA type certification 
validation of the Model H160B helicopter. Airbus applied for an 
extension on November 1, 2016, which is also the date of the updated 
type certification basis.
    The Airbus Model H160B is a 14 CFR part 29 transport category, twin 
turboshaft engine helicopter. The Airbus Model H160B helicopter has a 
maximum takeoff weight of 13,436 lbs. It can hold a maximum of 12 
passengers and 2 crew on board. The Airbus Model H160B helicopter is a 
new part 29 helicopter characterized by the integration of composite 
materials in its airframe construction, five main rotor blades (i.e., 
blue edge technology), a Fenestron tail rotor, and a Helionix flight 
deck.
    Airbus proposes that the Model H160B helicopter 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. Title 
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 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), 29.1305 (Powerplant instruments), 
and 29.1521 (Powerplant limitations).

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Airbus must show that the 
Model H160B helicopter meets applicable provisions of the regulations 
as listed below. The Airbus Model H160B type certification basis date 
is November 1, 2016.
    1. 14 CFR part 29, Amendments 29-1 through 29-55, dated January 31, 
2012.
    2. Equivalent Safety Findings:
    (a) Sections 29.1305, 29.1309, 29.1549, Engine Training Mode.
    (b) Sections 29.1305, 29.1321(a), 29.135l(d)(l), and 29.1435, Part 
Time Display of Vehicle Parameters.
    (c) Sections 29.1301, 29.1305, 29.1309, 29.1321, 29.1549, 
Substitution of Power Index Indicator for required powerplant 
instruments.
    (d) Sections 29.l545(b)(4), 29.l549(b), Airspeed and Powerplant 
indication green marking.
    (e) Section 29.1555(c)(l), Usable fuel capacity marking.
    (f) Section 29.807(c), Passenger emergency exits--other than side 
of fuselage.
    In addition, the certification basis includes certain equivalent 
safety findings that are not relevant to these proposed special 
conditions.
    In addition to the applicable airworthiness regulations and special 
conditions, the Airbus Model H160B helicopter must comply with the 
noise certification requirements of 14 CFR part 36, and the FAA must 
issue a finding of regulatory adequacy under section 611 of Public Law 
92-574, the ``Noise Control Act of 1972.''

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 Airbus Model H160B helicopter 
because of a novel or unusual design feature. Therefore, special 
conditions are prescribed under the provisions of Sec.  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.  21.17(a)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same or similar 
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 Airbus Model H160B 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 (five-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:

[[Page 20266]]

    (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 and not more than a 50 minute cumulative time per flight. This new 
rating will allow the use of power above maximum continuous power (MCP) 
up to 30 minutes.
    (d) Furthermore, the rotorcraft flight manual for the Airbus Model 
H160B helicopter must include limitations on the use of the 30-minute 
AEO power rating, which state that continuous use above MCP up to take-
off power is limited to 30 minutes.

Applicability

    As discussed above, these special conditions are applicable to the 
Airbus Model H160B helicopter. Should Airbus apply at a later date for 
a change to the type certificate to include another model incorporating 
the same novel or unusual design feature, these special conditions 
would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature 
on the Airbus Model H160B helicopter. 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(f), 106(g), 40113, 44701-44702, 44704.

The Special Conditions

    [ssquf] 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 Airbus Helicopters Model H160B 
helicopter. Unless stated otherwise, all requirements in Sec. Sec.  
29.1049, 29.1305, and 29.1521 remain unchanged.
    1. 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 five 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 five 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.
    2. 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.
    3. 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 rating must be limited to not more than 30 minutes per use 
and not more than a 50 minute cumulative time per flight. The use of 
the 30-minute power must also be limited by:
    a. The maximum rotational speed which may not be greater than--
    (1) The maximum value determined by the rotor design; or
    (2) The maximum value shown during the type tests;
    b. The maximum allowable turbine inlet or turbine outlet gas 
temperature.
    c. The maximum allowable power or torque for each engine, 
considering the power input limitations of the transmission with all 
engines operating;
    d. The time limit for the use of the power corresponding to the 
limitations established in this section, sub-paragraphs a. through c. 
of this section; and
    e. The maximum allowable engine and transmission oil temperatures.

    Issued in Kansas City, Missouri on April 14, 2021.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2021-07978 Filed 4-16-21; 8:45 am]
BILLING CODE 4910-13-P


