Airworthiness Criteria: Special Class Airworthiness Criteria for the AgustaWestland Philadelphia Corporation Model AW609 Powered-Lift, 37805-37807 [2023-12310]

Download as PDF lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Proposed Rules attorney in the Office of the General Counsel from: (i) Acting, with or without compensation, as an agent or attorney for, or otherwise representing, the employee’s parents, spouse, child, or any other person for whom, or for any estate for which, the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary to the extent permitted by 18 U.S.C. 203(d) and 205(e), or from providing advice or counsel to such persons or estates; or (ii) Acting, without compensation, as an agent or attorney for, or otherwise representing, any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings, or from providing uncompensated advice and counsel to such person to the extent permitted by 18 U.S.C. 205; or (iii) Acting, without compensation, as an agent or attorney for, or otherwise representing any cooperative, voluntary, professional, recreational, or similar organization or group not established or operated for profit, if a majority of the organization’s or group’s members are current employees of the United States or the District of Columbia, or their spouses or dependent children. As limited by 18 U.S.C. 205(d), this exception is not permitted for any representation with respect to a matter which involves prosecuting a claim against the United States under 18 U.S.C. 205(a)(1) or 18 U.S.C. 205(b)(1), or involves a judicial or administrative proceeding where the organization or group is a party, or involves a grant, contract, or other agreement providing for the disbursement of Federal funds to the organization or group; or (iv) Giving testimony under oath or from making statements required to be made under penalty for perjury or contempt. (3) Specific approval procedures for paragraph (c)(2) of this section. (i) The exceptions to 18 U.S.C. 203 and 205 described in paragraph (c)(2)(i) of this section do not apply unless the employee obtained the prior approval of the Government official responsible for the appointment of the employee to a Federal position. (ii) The exceptions to 18 U.S.C. 205 described in paragraphs (c)(2)(ii) and (iii) of this section do not apply unless the employee has obtained the prior approval of a supervisory official who has authority to determine whether the employee’s proposed representation is consistent with the faithful performance of the employee’s duties. (d) Pro Bono activity. Subject to compliance with paragraph (c) of this VerDate Sep<11>2014 16:22 Jun 08, 2023 Jkt 259001 section, attorneys within the Office of the General Counsel are permitted to provide outside pro bono legal services (without compensation other than reimbursement of expenses) to organizations or individuals through a non-profit organization, without obtaining prior written approval in accordance with the procedures set forth in § 10501.102(c). [FR Doc. 2023–11772 Filed 6–8–23; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 21 [Docket No. FAA–2022–1726] Airworthiness Criteria: Special Class Airworthiness Criteria for the AgustaWestland Philadelphia Corporation Model AW609 PoweredLift Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed airworthiness criteria. AGENCY: The FAA announces the availability of, and requests comments on, the proposed airworthiness criteria for the AgustaWestland Philadelphia Corporation (AWPC) Model AW609 powered-lift. This document proposes airworthiness criteria the FAA finds to be appropriate and applicable for the powered-lift design. DATES: The FAA must receive comments by July 10, 2023. ADDRESSES: Send comments identified by Docket No. FAA–2022–1726 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 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: The FAA will post all comments it receives, without change, to https://www.regulations.gov, SUMMARY: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 37805 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 https://DocketsInfo.dot.gov. 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: Clinton Jones, Strategic Policy Management Branch, AIR–613, Policy and Innovation Division, Aircraft Certification Service, Federal Aviation Administration, 2200 S 216th St, Des Moines, WA 98198; telephone and fax 206–231–3181; email Clinton.Jones@ faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites interested people to take part in the development of proposed airworthiness criteria for the AWPC Model AW609 powered-lift by sending written comments, data, or views. Please identify the AWPC Model AW609 and Docket No. FAA–2022– 1726 on all submitted correspondence. The most helpful comments reference a specific portion of the airworthiness criteria, explain the reason for a recommended change, and include supporting data. Except for Confidential Business Information 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 file in the docket all comments received, as well as a report summarizing each substantive public contact with FAA personnel concerning these proposed airworthiness criteria. Before acting on this proposal, the FAA will consider all comments received on or before the closing date for comments. The FAA will consider comments filed late if it is possible to do so without incurring delay. The FAA may change these airworthiness criteria based on received comments. E:\FR\FM\09JNP1.SGM 09JNP1 37806 Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Proposed Rules 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 they will not be placed in the public docket of this notice. Submissions containing CBI should be sent to the individual listed under FOR FURTHER INFORMATION CONTACT. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this notice. Background lotter on DSK11XQN23PROD with PROPOSALS1 The AWPC Model AW609 is a twoengine powered-lift with a maximum weight of 17,500 lbs., and two crew and nine passenger seats. The aircraft has two ‘‘proprotors’’ instead of propellers or rotors. The AW609 design is a direct descendant of the Bell Helicopter Model BA609 certification project, which had design origins from the experimental Bell XV–15 aircraft. After several changes of applicants, on February 15, 2012, AgustaWestland Tilt-Rotor Company, now AWPC, applied for a type certificate for the Model AW609. Under 14 CFR 21.17(c), an application for type certification is effective for three years, unless the FAA approves a longer period. Section 21.17(d) provides that, where a type certificate has not been issued within the time limit established under section 21.17(c), the applicant may file for an extension and update the designated applicable regulations in the type certification basis. Since the project was not certificated within the established time limit, the FAA approved a series of requests for extension by AWPC. As a result, the date of the updated type certification basis is March 31, 2021. Discussion Powered-lift are type certificated as special class aircraft because the FAA has not yet established powered-lift airworthiness standards as a separate part of subchapter C of 14 CFR. Under the procedures in 14 CFR 21.17(b), the VerDate Sep<11>2014 16:22 Jun 08, 2023 Jkt 259001 airworthiness requirements for special class aircraft are the portions of the requirements in parts 23, 25, 27, 29, 31, 33, and 35 found by the FAA to be appropriate and applicable to the specific type design and any other airworthiness criteria found by the FAA to provide an equivalent level of safety to the existing standards. This notice announces the applicable regulations and other airworthiness criteria developed for type certification of the Model AW609 powered-lift under § 21.17(b). The powered-lift has characteristics of both a rotorcraft and an airplane. It is designed to function as a helicopter for takeoff and landing and as an airplane cruising at higher speeds than a helicopter during the enroute portion of flight operations. Accordingly, the proposed Model AW609 certification basis contains standards from parts 23, 25, and 29, as well as other airworthiness criteria specific for a powered-lift. This certification basis includes part 23, part 25, and part 29 airworthiness standards. These are part 23 at amendment 23–62, part 25 at amendment 25–135 (except § 25.903(a) at amendment 25–140), and part 29 at amendment 29–55. The proposed certification basis incorporates by reference existing transport category airplane and rotorcraft standards, one normal category airplane standard, Category A rotorcraft standards, optional Category B rotorcraft standards, and criteria for operation under instrument flight rules. This certification basis is not established for flight into known icing conditions. The proposed certification basis also includes new criteria unique to the powered-lift design, designated as Tiltrotor (TR) criteria. Many of these TR criteria consist of modified part 25 or part 29 standards. Some include criteria that combine existing parts 23, 25, and 29 standards, as the maximum weight of the Model AW609 exceeds the weight for normal category rotorcraft and most part 23 category airplanes, but its passenger seating is less than that of a transport category airplane or a transport category rotorcraft. The FAA also developed TR criteria because no existing standard captures the poweredlift’s transitional flight modes (during flight, the powered-lift nacelle rotates the proprotor system from providing vertical lift to horizontal propulsion). The TR criteria also contain definitions specific for the powered-lift, such as flight modes, configurations, speeds, and terminology (‘‘flaperon’’ instead of ‘‘aileron’’ or ‘‘flap;’’ ‘‘proprotor’’ instead of ‘‘rotor’’ or ‘‘propeller’’). PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 For example, while existing part 25 and part 29 standards for passenger emergency exits include a size classification (types I, II, III, IV) depending on the passenger seating capacity and other factors, the proposed certification basis has a TR with criteria for the specific type of passenger emergency exit that is part of the design of the Model AW609. Another example involves fatigue evaluation. Part 25 contains requirements such as a limit of validity (LOV) on airframe fatigue for pressurized fuselages, which are not in part 29. Instead, fatigue evaluation in part 29 includes a composite structures fatigue rule, due to the more extreme fatigue environment of rotorcraft. For small airplanes, part 23, amendment 23–48, added a composite airframe evaluation requirement for bonded joints, which is included in agency compliance guidance for parts 25 and 29 but not required by a specific regulation (the safety requirement is complied with through other broad existing regulations in those parts). Since the Model AW609 has a pressurized fuselage, the FAA developed TR criteria to include the LOV requirement. The proposed certification basis incorporates by reference the part 29 composite rotorcraft structures fatigue rule, TR criteria to include the composite bonding requirements from part 23, as well as TR criteria to include fatigue requirements for elastomeric primary structural elements. Applicability These airworthiness criteria, established under the provisions of § 21.17(b), are applicable to the AWPC Model AW609 powered-lift. Should AWPC wish to apply these airworthiness criteria to other poweredlift models, it must submit a new application for a type certificate. Proposed Airworthiness Criteria The FAA proposes airworthiness criteria for type certification of the AgustaWestland Philadelphia Corporation Model AW609 powered-lift. You may view the airworthiness criteria on the internet at https:// www.regulations.gov in Docket No. FAA–2022–1726. You may also obtain a copy of the airworthiness criteria by contacting the individual listed in the FOR FURTHER INFORMATION CONTACT section of this notice. E:\FR\FM\09JNP1.SGM 09JNP1 Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Proposed Rules Issued in Washington, DC, on May 19, 2023. Ian Lucas, Manager, Certification Coordination Section, Policy and Standards Division, Aircraft Certification Service. [FR Doc. 2023–12310 Filed 6–8–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1054; Project Identifier MCAI–2022–01513–G] RIN 2120–AA64 Airworthiness Directives; SchemppHirth Flugzeugbau GmbH Gliders Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for Schempp-Hirth Flugzeugbau GmbH (Schempp-Hirth) Model Ventus–2a and Ventus–2b gliders. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI identifies the unsafe condition as the uncommanded extraction of the airbrakes on one or both wings, possibly resulting in reduced control of the glider. This proposed AD would require repetitively inspecting airbrake bell cranks and airbrake drive funnels for cracking, repetitively inspecting the clearance of the airbrake control system, and taking corrective action as necessary. This proposed AD would also require modifying the airbrake system, which is terminating action for the repetitive inspections. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this NPRM by July 24, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:22 Jun 08, 2023 Jkt 259001 • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1054; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the MCAI, any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference • For service information identified in this NPRM, contact Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Kirchheim unter Teck, Germany; phone: +49 7021 7298–0; email: info@schempphirth.com; website: schempp-hirth.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety Engineer, International Validation Branch, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329– 4165; email: jim.rutherford@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2023–1054; Project Identifier MCAI–2022–01513–G’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. 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 received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 37807 Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM 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 NPRM, 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 this NPRM. Submissions containing CBI should be sent to Jim Rutherford, Aviation Safety Engineer, International Validation Branch, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2022–0229, dated November 28, 2022 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition on all Schempp-Hirth Model Ventus–2a and Ventus–2b gliders. The MCAI states that permanent excessive loads on the automatic connections of the airbrake control system can cause damage to the drive funnels in the fuselage and to the airbrake bell cranks at the root ribs of the wings. The MCAI requires repetitively inspecting the airbrake bell cranks and drive funnels for damage, inspecting the airbrake control system for clearance, corrective actions if necessary, and modifying the airbrake control system by replacing the airbrake bell cranks with reinforced airbrake bell cranks and replacing airbrake drive funnels with reinforced drive funnels. The MCAI states that this modification is terminating action for the repetitive inspections. This condition, if not detected and corrected, could lead to the uncommanded extraction of the airbrakes on one or both wings and result in reduced control of the glider. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1054. Related Service Information Under 1 CFR Part 51 The FAA reviewed Schempp-Hirth Technical Note 349–43, dated August 9, 2022, which specifies procedures for inspecting the automatic airbrake E:\FR\FM\09JNP1.SGM 09JNP1

Agencies

[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Proposed Rules]
[Pages 37805-37807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12310]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2022-1726]


Airworthiness Criteria: Special Class Airworthiness Criteria for 
the AgustaWestland Philadelphia Corporation Model AW609 Powered-Lift

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed airworthiness criteria.

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

SUMMARY: The FAA announces the availability of, and requests comments 
on, the proposed airworthiness criteria for the AgustaWestland 
Philadelphia Corporation (AWPC) Model AW609 powered-lift. This document 
proposes airworthiness criteria the FAA finds to be appropriate and 
applicable for the powered-lift design.

DATES: The FAA must receive comments by July 10, 2023.

ADDRESSES: Send comments identified by Docket No. FAA-2022-1726 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 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: The FAA will post all comments it receives, without 
change, to https://www.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 https://DocketsInfo.dot.gov.
    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: Clinton Jones, Strategic Policy 
Management Branch, AIR-613, Policy and Innovation Division, Aircraft 
Certification Service, Federal Aviation Administration, 2200 S 216th 
St, Des Moines, WA 98198; telephone and fax 206-231-3181; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites interested people to take part in the development 
of proposed airworthiness criteria for the AWPC Model AW609 powered-
lift by sending written comments, data, or views. Please identify the 
AWPC Model AW609 and Docket No. FAA-2022-1726 on all submitted 
correspondence. The most helpful comments reference a specific portion 
of the airworthiness criteria, explain the reason for a recommended 
change, and include supporting data.
    Except for Confidential Business Information 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 file in the 
docket all comments received, as well as a report summarizing each 
substantive public contact with FAA personnel concerning these proposed 
airworthiness criteria. Before acting on this proposal, the FAA will 
consider all comments received on or before the closing date for 
comments. The FAA will consider comments filed late if it is possible 
to do so without incurring delay. The FAA may change these 
airworthiness criteria based on received comments.

[[Page 37806]]

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 they will 
not be placed in the public docket of this notice. Submissions 
containing CBI should be sent to the individual listed under FOR 
FURTHER INFORMATION CONTACT. Any commentary that the FAA receives that 
is not specifically designated as CBI will be placed in the public 
docket for this notice.

Background

    The AWPC Model AW609 is a two-engine powered-lift with a maximum 
weight of 17,500 lbs., and two crew and nine passenger seats. The 
aircraft has two ``proprotors'' instead of propellers or rotors. The 
AW609 design is a direct descendant of the Bell Helicopter Model BA609 
certification project, which had design origins from the experimental 
Bell XV-15 aircraft.
    After several changes of applicants, on February 15, 2012, 
AgustaWestland Tilt-Rotor Company, now AWPC, applied for a type 
certificate for the Model AW609. Under 14 CFR 21.17(c), an application 
for type certification is effective for three years, unless the FAA 
approves a longer period. Section 21.17(d) provides that, where a type 
certificate has not been issued within the time limit established under 
section 21.17(c), the applicant may file for an extension and update 
the designated applicable regulations in the type certification basis. 
Since the project was not certificated within the established time 
limit, the FAA approved a series of requests for extension by AWPC. As 
a result, the date of the updated type certification basis is March 31, 
2021.

Discussion

    Powered-lift are type certificated as special class aircraft 
because the FAA has not yet established powered-lift airworthiness 
standards as a separate part of subchapter C of 14 CFR. Under the 
procedures in 14 CFR 21.17(b), the airworthiness requirements for 
special class aircraft are the portions of the requirements in parts 
23, 25, 27, 29, 31, 33, and 35 found by the FAA to be appropriate and 
applicable to the specific type design and any other airworthiness 
criteria found by the FAA to provide an equivalent level of safety to 
the existing standards. This notice announces the applicable 
regulations and other airworthiness criteria developed for type 
certification of the Model AW609 powered-lift under Sec.  21.17(b).
    The powered-lift has characteristics of both a rotorcraft and an 
airplane. It is designed to function as a helicopter for takeoff and 
landing and as an airplane cruising at higher speeds than a helicopter 
during the enroute portion of flight operations. Accordingly, the 
proposed Model AW609 certification basis contains standards from parts 
23, 25, and 29, as well as other airworthiness criteria specific for a 
powered-lift.
    This certification basis includes part 23, part 25, and part 29 
airworthiness standards. These are part 23 at amendment 23-62, part 25 
at amendment 25-135 (except Sec.  25.903(a) at amendment 25-140), and 
part 29 at amendment 29-55. The proposed certification basis 
incorporates by reference existing transport category airplane and 
rotorcraft standards, one normal category airplane standard, Category A 
rotorcraft standards, optional Category B rotorcraft standards, and 
criteria for operation under instrument flight rules. This 
certification basis is not established for flight into known icing 
conditions.
    The proposed certification basis also includes new criteria unique 
to the powered-lift design, designated as Tiltrotor (TR) criteria. Many 
of these TR criteria consist of modified part 25 or part 29 standards. 
Some include criteria that combine existing parts 23, 25, and 29 
standards, as the maximum weight of the Model AW609 exceeds the weight 
for normal category rotorcraft and most part 23 category airplanes, but 
its passenger seating is less than that of a transport category 
airplane or a transport category rotorcraft. The FAA also developed TR 
criteria because no existing standard captures the powered-lift's 
transitional flight modes (during flight, the powered-lift nacelle 
rotates the proprotor system from providing vertical lift to horizontal 
propulsion). The TR criteria also contain definitions specific for the 
powered-lift, such as flight modes, configurations, speeds, and 
terminology (``flaperon'' instead of ``aileron'' or ``flap;'' 
``proprotor'' instead of ``rotor'' or ``propeller'').
    For example, while existing part 25 and part 29 standards for 
passenger emergency exits include a size classification (types I, II, 
III, IV) depending on the passenger seating capacity and other factors, 
the proposed certification basis has a TR with criteria for the 
specific type of passenger emergency exit that is part of the design of 
the Model AW609. Another example involves fatigue evaluation. Part 25 
contains requirements such as a limit of validity (LOV) on airframe 
fatigue for pressurized fuselages, which are not in part 29. Instead, 
fatigue evaluation in part 29 includes a composite structures fatigue 
rule, due to the more extreme fatigue environment of rotorcraft. For 
small airplanes, part 23, amendment 23-48, added a composite airframe 
evaluation requirement for bonded joints, which is included in agency 
compliance guidance for parts 25 and 29 but not required by a specific 
regulation (the safety requirement is complied with through other broad 
existing regulations in those parts). Since the Model AW609 has a 
pressurized fuselage, the FAA developed TR criteria to include the LOV 
requirement. The proposed certification basis incorporates by reference 
the part 29 composite rotorcraft structures fatigue rule, TR criteria 
to include the composite bonding requirements from part 23, as well as 
TR criteria to include fatigue requirements for elastomeric primary 
structural elements.

Applicability

    These airworthiness criteria, established under the provisions of 
Sec.  21.17(b), are applicable to the AWPC Model AW609 powered-lift. 
Should AWPC wish to apply these airworthiness criteria to other 
powered-lift models, it must submit a new application for a type 
certificate.

Proposed Airworthiness Criteria

    The FAA proposes airworthiness criteria for type certification of 
the AgustaWestland Philadelphia Corporation Model AW609 powered-lift. 
You may view the airworthiness criteria on the internet at https://www.regulations.gov in Docket No. FAA-2022-1726. You may also obtain a 
copy of the airworthiness criteria by contacting the individual listed 
in the FOR FURTHER INFORMATION CONTACT section of this notice.


[[Page 37807]]


    Issued in Washington, DC, on May 19, 2023.
Ian Lucas,
Manager, Certification Coordination Section, Policy and Standards 
Division, Aircraft Certification Service.
[FR Doc. 2023-12310 Filed 6-8-23; 8:45 am]
BILLING CODE 4910-13-P


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