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.

Proposed Rules Federal Register

26143 

Vol. 87, No. 85 

Tuesday, May 3, 2022 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 29 

[Docket No. FAA–2022–0183; Notice No. 29– 

22–01–SC] 

Special Conditions: The Boeing 

Company, Leonardo S.p.a. Model 

AW139 Helicopter; Use of New 

Hovering Out of Ground Effect Utility 

Power on the Model AW139 Helicopter 

AGENCY: Federal Aviation 

Administration (FAA), Transportation 

(DOT). 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Leonardo S.p.a. 

(Leonardo) Model AW139 helicopter. 

This helicopter as modified by The 

Boeing Company (Boeing) 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 incorporates a 2.5-minute all 

engines operating (AEO) power 

restricted for use at helicopter operating 

speeds below 60 knots indicated 

airspeed (KIAS), and hovering out of 

ground effect (HOGE). This power is 

referred to as 2.5-minute HOGE utility 

power (HUP), or 2.5-minute HUP. The 

2.5-minute HUP is greater than the 

transmission power limitations 

associated with takeoff and AEO. 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 

June 17, 2022. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2022–0183 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

https://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 title 14, 

Code of Federal Regulations (14 CFR), 

§ 11.35, the FAA will post all comments 

received without change to https://

www.regulations.gov/, including any 

personal information you provide. The 

FAA will also post a report 

summarizing each substantive verbal 

contact received about these proposed 

special conditions. 

Confidential Business Information: 

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 this Notice contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this 

Notice, 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 the indicated 

comments will not be placed in the 

public docket of this Notice. 

Submissions containing CBI should be 

sent to Dorina Mihail, Propulsion and 

Energy Section, AIR–624, Technical 

Innovation Policy Branch, Policy and 

Innovation Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 1200 District Avenue, 

Burlington, MA 01803; telephone 781– 

238–7153; fax 781–238–7199; email 

Dorina.Mihail@faa.gov. Comments the 

FAA receives, which are 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 

https://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, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dorina Mihail, Propulsion and Energy 

Section, AIR–624, Technical Innovation 

Policy Branch, Policy and Innovation 

Division, Aircraft Certification Service, 

Federal Aviation Administration, 1200 

District Avenue, Burlington, MA 01803; 

telephone 781–238–7153; fax 781–238– 

7199; email Dorina.Mihail@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. 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 September 18, 2020, Boeing 

applied for a supplemental type 

certificate for performance envelope 

expansion of the Leonardo Model 

AW139 helicopter. The AW139 

helicopter as changed, is a medium 

twin-engine 14 CFR part 29 transport 

category B helicopter with a 15,521 

pounds (7040 Kg) maximum takeoff 

weight and a maximum seating capacity 

of nine passengers and two crew. This 

helicopter takeoff and landing altitude 

is 10,000 feet density altitude (Hd), and 

the forward flight altitude is 11,000 feet 

Hd. This helicopter has the capability 

for Category II instrument landing 

system (ILS) approaches. The Model 

AW139 helicopter as changed will be 

equipped with two PT6C–67C1 engines. 

The Model AW139 helicopter as 


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26144 Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Proposed Rules 

changed will have a 2.5-minute HUP for 

use in HOGE that exceeds the 

transmission power limitations 

associated with takeoff and AEO. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Boeing must show that the 

Leonardo Model AW139 helicopter, as 

changed, continues to meet the 

applicable provisions of the regulations 

listed in Type Certificate No. R00002RD, 

or the applicable regulations in effect on 

the date of application for the change, 

except for earlier amendments as agreed 

upon by the FAA. The proposed 

certification basis for this supplemental 

type certificate is as follows: 

14 CFR 21.29 and part 29, 

Amendment 29–1 through Amendment 

29–45 with 14 CFR 29.25, 29.143, 

29.173, 29.175, 29.177 at Amendment 

29–51, and 14 CFR 29.773 at 

Amendment 29–57. 

Equivalent Level of Safety Findings 

issued against: 

14 CFR 29.1305, as documented in the 

AB139 FAA Memo, dated December 20, 

2004. 

If the Administrator finds that the 

applicable airworthiness regulations 

(e.g., 14 CFR part 29) do not contain 

adequate or appropriate safety standards 

for the Leonardo Model AW139 

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 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 § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Leonardo Model AW139 

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 Leonardo Model AW139 

helicopter will incorporate a novel or 

unusual design feature which is a 2.5- 

minute AEO power that is greater than 

the transmission takeoff power 

limitations associated with takeoff and 

AEO. This power is restricted for use 

when HOGE and at helicopter operating 

speeds below 60 KIAS. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. 

Discussion 

The design feature will incorporate a 

2.5-minute HUP that allows the pilot to 

enter HOGE, operate in HOGE, and 

depart from HOGE at high altitudes and 

ambient atmospheric temperatures. The 

use of the 2.5-minute HUP is limited to 

periods of no longer than 2.5 minutes 

each use, under AEO conditions, at 

helicopter operating speeds below 60 

KIAS and HOGE. Use of the 2.5-minute 

HUP is not part of, or combined with a 

takeoff operation. 

Helicopter operation at the 2.5-minute 

HUP will use the engine power higher 

than the rated maximum continuous 

power and limits but lower than the 

rated takeoff power and limits and do 

not exceed the 5 minute takeoff rating 

for which the engines are type 

certificated. Existing part 33 regulations 

for the engines are adequate for the 

proposed helicopter 2.5-minute HUP. 

Use of the 2.5-minute HUP exceeds 

the helicopter transmission power 

limitations associated with takeoff and 

AEO. Existing part 29 regulations do not 

recognize helicopter operation that 

exceeds the transmission power 

limitations associated with takeoff and 

AEO. The special conditions that the 

FAA proposes to address the use of the 

2.5-minute HUP on this model of 

helicopter, as modified by Boeing, are as 

follows. 

The Rotorcraft Flight Manual must 

specify that the use of the 2.5-minute 

HUP is limited to periods no longer than 

2.5 minutes each, under AEO 

conditions, at helicopter operating 

speeds below 60 KIAS and HOGE. 

Additionally, the Rotorcraft Flight 

Manual must specify that use of the 2.5- 

minute HUP is not part of, or combined 

with, a takeoff operation. 

The requirement added to § 29.49(c) 

provides for the development of 

helicopter performance data for 2.5- 

minute HUP utilization. 

The testing requirement added to 

§ 29.923(d) consists of two applications 

of 2.5-minute HUP torque and the 

maximum speed per 10-hour cycle. The 

10-hour cycle represents a run of 10 

hours in length that is repeated 20 

times, for a total of (at least) 200 hours 

of endurance testing as required by 

§ 29.923(a). Therefore, the testing added 

to § 29.923(d) provides for 40 

applications of the 2.5-minute HUP 

during the 200-hour endurance test 

specified in § 29.923(a). This testing is 

added to § 29.923(d) ‘‘Endurance tests; 

90 percent of maximum continuous 

run,’’ since the 2.5-minute HUP is not 

part of, or combined with, a takeoff 

operation, as stated in these special 

conditions and is expected to be used 

during mid-mission. 

The flight-test requirement added to 

§ 29.1049 is intended to address the 

hovering cooling provisions at the 2.5- 

minute HUP and HOGE following 

thermal stabilization at maximum 

weight, mission representative power, 

maximum altitude, and ambient 

temperatures specified in § 29.1043(b). 

The flight-test continues with cycling in 

and out of the HUP mode, in a manner 

representative of the intended use of the 

2.5-minute HUP, per the instructions 

specified in the Rotorcraft Flight 

Manual. The repeated successive HUP 

applications and time duration between 

HUP cycles result in the most critical 

condition for the cooling provisions 

required by § 29.1041(a) and (b). The 

flight-test continues with departing the 

hover and transitioning to a maximum 

continuous power climb at the best rate 

of climb speed. Climb is continued for 

5 minutes after the highest temperatures 

are observed or until the service ceiling 

is reached. 

The requirements added to § 29.1305 

are means for the pilot to identify when 

the 2.5-minute HUP level is achieved, 

when the event begins, and when the 

time interval expires. These means will 

assist the pilot in managing the 2.5- 

minute HUP short time duration in a 

pilot high-workload environment. 

The requirements added to § 29.1521 

are similar to the powerplant limitations 

for takeoff operations in § 29.1521(b), 

modified to reflect the 2.5-minute HUP. 

The requirement added to 

§ 29.1587(b)(8) will require publishing 

the performance data developed under 

paragraph (b) of these special conditions 

in the Rotorcraft Flight Manual. These 

data must be clearly referenced to the 

appropriate hover charts and specify 

that they are not to be used for take-off 

or landing determinations. 

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 the 

Leonardo Model AW139 helicopter. 

Should Boeing apply at a later date for 

a supplemental type certificate to 

modify any other model included on 

Type Certificate No. R00002RD, to 

incorporate the same novel or unusual 

design feature, these special conditions 

would apply to that model as well. 


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Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Proposed Rules 26145 

Conclusion 

This action affects only a certain 

novel or unusual design feature on the 

Leonardo Model AW139 helicopter. It is 

not a rule of general applicability and 

affects only the applicant who applied 

to the FAA for approval of this feature 

on the helicopter. 

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 (FAA) proposes the 

following special conditions as part of 

the type certification basis for the 

Leonardo S.p.a. Model AW139 

helicopter, as modified by The Boeing 

Company. 

(a) The Rotorcraft Flight Manual must 

state the following: 

(1) Use of the 2.5-minute Hovering 

Out of Ground Effect (HOGE) Utility 

Power (2.5-minute HUP) is limited to a 

period no longer than 2.5 minutes each, 

under all engine operating (AEO) 

conditions, at helicopter operating 

speeds below 60 knots indicated 

airspeed (KIAS) and HOGE. 

(2) Use of the 2.5-minute HUP is not 

part of, or combined with, a takeoff 

operation. 

(b) In addition to the requirements of 

§ 29.49(c), the out-of-ground effect hover 

performance must be determined over 

the ranges of weight, altitude, and 

temperatures for which certification is 

requested with the 2.5-minute HUP. 

(c) In addition to the requirements of 

§ 29.923(d) when performing the 

endurance test, the 2.5 minute all 

engines operating must be performed 

using two applications of 2.5-minute 

HUP torque and the maximum speed for 

use with 2.5-minute HUP torque, per 10- 

hour cycle. 

(d) In addition to the requirements of 

§ 29.1049, the hovering cooling 

provisions at the 2.5-minute HUP must 

be shown as follows— 

(1) Conduct a thermal stabilization at 

maximum weight, mission 

representative power, maximum 

altitude, and ambient temperatures 

specified in § 29.1043(b); following 

stabilization, increase power to the 2.5- 

minute HUP and HOGE for a duration 

of 2.5 minutes (150 seconds). 

(2) Cycle in and out the HUP mode in 

a manner representative of the intended 

use of the 2.5-minute HUP, and per the 

instructions specified in the Rotorcraft 

Flight Manual, if any. The HUP cycles 

should account for repeated successive 

HUP applications and time duration 

between HUP cycles resulting in the 

most critical condition for the cooling 

provisions required by § 29.1041(a) and 

(b). 

(3) Following the tests in paragraphs 

(d)(1) and (2) of these special 

conditions, depart the hover and 

transition to a maximum continuous 

power climb at the best rate of climb 

speed. Continue the climb until 5 

minutes after the highest temperatures 

are observed or until the service ceiling 

is reached. 

(e) In addition to the requirements of 

§ 29.1305, the pilot must have the 

means to identify the 2.5-minute HUP 

time limit associated with its use as 

follows— 

(1) When the power level is achieved, 

(2) when the event begins, and 

(3) when the time interval expires. 

These indications must be clear and 

unambiguous to the pilot and must not 

cause pilot confusion. The use of these 

indications must be evaluated in 

operationally relevant scenarios in 

accordance with § 29.1523 for crew 

workload. 

(f) In addition to the requirements of 

§ 29.1521, the use of the 2.5-minute 

HUP must be limited by the following: 

(1) The maximum rotational speed, 

which may not be greater than— 

(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 all engines operating. 

(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 (f)(1) through 

(4) of these special conditions. 

(6) The maximum allowable engine 

and transmission oil temperatures, if the 

time limit established in paragraph (f)(5) 

of these special conditions exceeds 2 

minutes. 

(7) Use of 2.5-minute HUP is limited 

to HOGE only. 

(g) In addition to the requirements of 

§ 29.1587(b)(8), the Rotorcraft Flight 

Manual must contain the out-of-ground 

effect hover performance determined 

under paragraph (b) of these special 

conditions, and the maximum safe wind 

demonstrated under the ambient 

conditions for the data presented. In 

addition, the Rotorcraft Flight Manual 

must include the maximum weight for 

each altitude and temperature condition 

at which the rotorcraft can safely hover 

out-of-ground-effect in winds not less 

than 17 knots from all azimuths. These 

data must be clearly referenced to the 

appropriate hover charts and specify 

that they are not to be used for take-off 

or landing determinations. 

Issued in Kansas City, Missouri, on April 

28, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–09488 Filed 5–2–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0222] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Okeechobee Waterway, Stuart, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of inquiry, request 

for comments. 

SUMMARY: The Coast Guard is seeking 

information and comments on a 

proposed change to the operating 

regulations for the Florida East Coast 

(FEC) Railroad Bridge, mile 7.4, and the 

SR 707 (Dixie Hwy) Bridge, mile 7.5, 

across the Okeechobee Waterway 

(OWW), at Stuart, Florida. In 

anticipation of passenger rail service 

across the FEC Railroad Bridge, the 

Coast Guard intends to propose a 

change that will allow the drawbridge to 

operate on a more predictable schedule. 

The Coast Guard intends to propose a 

similar operating schedule for the 

adjacent SR 707 (Dixie Hwy) Bridge. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

July 5, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0222 using Federal Decision 

Making Portal at https://

www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 


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