This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

26123 

Vol. 87, No. 85 

Tuesday, May 3, 2022 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 27 

[Docket No. FAA–2021–0943; Special 

Conditions No. 27–057–SC] 

Special Conditions: Robinson 

Helicopter Company Model R66 

Helicopter; Pressure Refueling 

Provisions 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Robinson Helicopter 

Company (RHC) Model R66 helicopter. 

This helicopter will have a novel or 

unusual design feature when compared 

to the state of technology envisioned in 

the airworthiness standards for normal 

category helicopters. This design feature 

is a pressure refueling system. 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 June 2, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Monica Abboud, Propulsion Section, 

AIR–794, Los Angeles ACO Branch, 

Aircraft Certification Service, Federal 

Aviation Administration, 3960 

Paramount Boulevard, Lakewood, 

California 90712; telephone (562) 627– 

5223; email monica.m.abboud@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 15, 2021, RHC applied for a 

change to Type Certificate No. 

R00015LA for the Model R66 helicopter. 

This change incorporates a pressure 

fueling system in the Model R66 

helicopter. The RHC Model R66 

helicopter, which is a derivative of the 

earlier models of the Model R66 

helicopter currently approved under 

Type Certificate No. R00015LA, is a part 

27 normal category helicopter. It is a 

single turbine engine helicopter with a 

four-passenger maximum passenger 

capacity and has a maximum gross 

weight, with no external load, of up to 

2,700 pounds depending on the model 

configuration. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, RHC must show that the Model 

R66 helicopter, as changed, continues to 

meet the applicable provisions of the 

regulations listed in Type Certificate No. 

R00015LA or the applicable regulations 

in effect on the date of application for 

the change, except for earlier 

amendments as agreed upon by the 

FAA. 

If the Administrator finds that the 

applicable airworthiness regulations 

(e.g., 14 CFR part 27) do not contain 

adequate or appropriate safety standards 

for the RHC Model R66 helicopter 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

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 novel or unusual 

design feature, or should any other 

model already included on the same 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, these special conditions 

would also apply to the other model 

under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the RHC Model R66 

helicopter must comply with the noise 

certification requirements of 14 CFR 

part 36. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.101. 

Novel or Unusual Design Feature 

The RHC Model R66 helicopter will 

incorporate the following novel or 

unusual design feature: 

A pressure refueling system, which 

will allow for optional pressure fueling. 

Discussion 

RHC will modify the Model R66 

helicopter by incorporating a pressure 

refueling system that allows for optional 

pressure fueling from a fueling port on 

the right side of the fuselage and the 

existing gravity system via the fuel filler 

cap on top of the main fuel tank. This 

modification provides faster, easier, and 

safer refueling when the engines are 

running and rotors turning compared to 

the existing fueling system located on 

the top of the main fuel tank. The 

pressure refueling system includes a 

crash-resistant fuel hose that runs from 

the fueling port on the right side to an 

inlet at the top of the fuel tank on the 

helicopter’s left side. The system does 

not accommodate defueling. 

Part 27 does not contain requirements 

for pressure refueling for normal 

category helicopters. However, 14 CFR 

29.979, amendment 29–12, effective 

February 1, 1977, provides these 

requirements for transport category 

helicopters. Accordingly, these special 

conditions are based on § 29.979 to 

provide requirements for the inclusion 

of the optional pressure refueling 

system on the Model R66 helicopters. 

Section CFR 29.979 includes standards 

for pressure refueling and fueling 

provisions below fuel level on transport 

category rotorcraft. 

Section 29.979(a) is intended to 

prevent hazards to ground crew, flight 

crew, and occupants by reducing the 

probability of exposure to hazardous 

quantities of fuel resulting from spillage 

and ensuring 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 each 

fueling connection below the fuel level 

in each tank to have a means to prevent 

the escape of hazardous quantities of 

fuel from that tank in case of 

malfunction of the fuel entry valve. 

Section 29.979(b) requires systems 

intended for pressure refueling to 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 the 

rotorcraft pressure fueling system (not 

fuel tanks and fuel tank vents) to 

withstand an ultimate load that is 2.0 

times the load arising from the 

maximum pressure, including surge, 


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26124 Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Rules and Regulations 

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. 

Section 29.979(d) requires the 

rotorcraft defueling system (not 

including fuel tanks and fuel tank vents) 

to withstand an ultimate load that is 2.0 

times the load arising from the 

maximum permissible defueling 

pressure (positive or negative) at the 

rotorcraft fueling connection. The 

design by RHC does not include 

defueling capability. 

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. 

Discussion of Comments 

The FAA issued Notice of Proposed 

Special Conditions No. 27–21–01–SC 

for the RHS Model R66 helicopter, 

which published in the Federal Register 

on February 4, 2022 (87 FR 6437). The 

FAA received two comments from 

individuals in support of these special 

conditions. 

Applicability 

As discussed above, these special 

conditions are applicable to the RHC 

Model R66 helicopter. Should RHC 

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 one 

model of helicopter. It is not a rule of 

general applicability. 

List of Subjects in 14 CFR Part 27 

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 Special Conditions 

D 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 Robinson 

Helicopter Company Model R66 

helicopters. 

The pressure refueling system must be 

designed and installed as follows: 

(a) Each fueling connection below the 

fuel level in each tank must have the 

means to prevent the escape of 

hazardous quantities of fuel from that 

tank in case of malfunction of the fuel 

entry valve. 

(b) 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. 

(c) The rotorcraft 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 a 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 Kansas City, Missouri, on April 

27, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–09425 Filed 5–2–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AR46 

Inclusion of the Space Force as Part of 

the Armed Forces 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is issuing this final rule to 

amend its adjudication regulations to 

implement the mandates of section 926 

of the William M. (Mac) Thornberry 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2021, 

which authorized VA to furnish benefits 

based on Space Force service. 

DATES: Effective Date: This rule is 

effective May 3, 2022. 

FOR FURTHER INFORMATION CONTACT: Jane 

Allen, Policy Analyst, Part 3 

Regulations Staff (211), Compensation 

Service (21C), 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 461– 

9602. (This is not a toll-free telephone 

number.) Robert Parks, Chief, Part 3 

Regulations Staff (211), Compensation 

Service (21C), 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 461– 

9700. (This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: On 

December 20, 2019, Congress enacted 

the ‘‘United States Space Force Act’’ 

(USSFA), which established the ‘‘United 

States Space Force as an armed force 

within the Department of the Air 

Force.’’ USSFA, Public Law 116–92, 

sections 951–952, 133 Stat 1198, 1561– 

62 (2019). Subsequently, Congress 

expanded the definition of ‘‘veteran’’ 

and made other amendments to title 38 

to require VA to furnish benefits and 

services on the basis of service in the 

Space Force. William M. (Mac) 

Thornberry NDAA for FY 2021, Public 

Law 116–283, section 926, 134 Stat. 

3388, 3829 (2021). To implement these 

changes, VA is amending 38 CFR part 3 

to add the words ‘‘Space Force’’ in 

various sections that list the branches of 

the U.S. Armed Forces and to add 

reference to ‘‘space service’’ in 

references to ‘‘active military, naval, or 

air service.’’ VA is also amending 38 

CFR 3.1(g)(3) to add the USSF as 

operating under the direction of the 

Secretary of the Air Force. 

Administrative Procedure Act 

The Secretary of Veterans Affairs 

finds that there is good cause under the 

Administrative Procedure Act (APA) to 

publish this rule without prior 

opportunity for public comment and 

with an immediate effective date. 

Pursuant to 5 U.S.C. 553(b)(B), general 

notice and opportunity for public 

comment are not required with respect 

to a rulemaking when an ‘‘agency for 

good cause finds (and incorporates the 

finding and a brief statement of reasons 

therefor in the rules issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ The Secretary 

finds that it is unnecessary to delay 

issuance of this rule for the purpose of 

soliciting prior public comment. Where 

Congress has left a gap in a statute for 

an agency to fill, requiring notice and 

comment rulemaking secures public 

input and ‘‘ ‘promote[s] accountability 

among decisionmakers.’ ’’ Himes v. 

Sullivan, 779 F. Supp. 258, 270 

(W.D.N.Y. 1991) (quoting Cal. Ass’n. of 

Bioanalysts v. Rank, 577 F. Supp. 1342, 

1348 (C.D. Cal. 1983)), aff’d by 956 F.2d 

1159 (2d Cir. 1992). However, 

‘‘ ‘[c]hanges mandated by a legislature 

have already gone through a public 

process, and, as a result, the objectives 

of the notice requirements . . . already 

have been satisfied in the legislative 

process.’ ’’ Id. (quotation and citation 

omitted). This rulemaking presents the 

latter situation. By statute, Congress has 

required VA to furnish benefits on the 

basis of space service. VA does not have 

any discretion to deny benefits on the 


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