Special Conditions: Embraer S.A., Model EMB-550 Airplane; Operation Without Normal Electrical Power, 41419-41422 [2014-16643]

Download as PDF Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations regulations do not contain adequate or appropriate safety standards. ehiers on DSK2VPTVN1PROD with RULES Discussion Embraer did not classify the EMB–550 stowage compartment in the aft part of the pressurized area as a Class B cargo compartment due to its relatively small volume of 37 cubic feet. The compartment has a door that is intended to be closed in all phases of flight but can be opened to allow passenger access during flight. The lavatory door must be kept open for takeoff and landing but will likely be kept closed in all other phases of flight. Due to the facts that the stowage compartment is not classified as a Class B cargo compartment and may be isolated from the main cabin by two doors during flight, and considering that it will be used to store passenger belongings, existing requirements for stowage compartments are not adequate to address fire protection concerns. The isolation characteristics and the possibility of storing items that may start a fire create the potential for an undetected fire event. Additional safety precautions are required to avoid a situation where a fire condition remains undetected in an isolated stowage compartment. 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 the Comments Notice of proposed special conditions No. 25–14–02–SC for the Embraer Model EMB–550 airplane was published in the Federal Register on April 15, 2014 (79 FR 20818). One commenter suggested changes to two paragraphs in the proposed special conditions. The commenter believes the changes would provide more specificity and clarification. The commenter suggested we include both ‘‘smoke’’ and ‘‘fire’’ in paragraph 1a of the special conditions, as both terms are used in the referenced regulation. We agree and have incorporated the proposed changes accordingly. We historically have used smoke and fire synonymously and believe that it remains appropriate. The commenter also suggested the special conditions include the amendment level for § 25.858. We agree and have incorporated this comment. The commenter suggested that the special condition only require the annunciation be provided to the flight crew, in order to be consistent with § 25.858. We agree that the requirement VerDate Mar<15>2010 15:23 Jul 15, 2014 Jkt 232001 should be consistent with § 25.858, and have removed the flight deck indication text and simply required the system meet § 25.858. The commenter also recommended that the special conditions require the indication to the flight deck be provided within one minute, in order to be consistent with § 25.858. In discussions with the applicant all parties agreed to the need to detect a fire within 60 seconds per the current § 25.858 as referenced. With the change to simply require the system meet § 25.858 noted above, it would be redundant to include the 60-second detection time in the special conditions. In the second comment, the commenter suggested text changes to remove any ambiguity over whether protective breathing equipment would be required. We agree that the proposed text is clearer and have incorporated the proposed changes accordingly. Applicability As discussed above, these special conditions are applicable to the Embraer Model EMB–550. Should Embraer S.A. apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on one model of airplanes. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions 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 Embraer S.A. Model EMB–550. 1. Stowage Compartment Fire Protection. a. A means for smoke or fire detection that meets the provisions of § 25.858 at Amendment 25.93 is required regardless of the fact that the compartment is not classified as a cargo compartment per § 25.857 (only a ‘‘stowage’’ compartment). b. In addition to the requirements of § 25.851, at least one hand-held or manually-activated compartment fire PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 41419 extinguisher appropriate to the kinds of fires likely to occur must be provided for the lavatory. If a hand-held fire extinguisher is provided, then protective breathing equipment must be provided with the extinguisher. c. Sufficient access must be provided to enable a crew member to effectively reach any part of the stowage compartment with the content of a hand-held fire extinguisher. d. When the access provisions are being used, no hazardous quantity of smoke, flames, or extinguishing agent will enter any compartment occupied by the crew or passengers. e. A liner must be provided that meets the requirements of § 25.855 at Amendment 25–60 for a Class B cargo compartment unless it can be shown that the material used to construct the stowage compartment meets the flammability requirements by a 60second vertical test in lieu of 12-second vertical test and by presenting past test results of typical panels that meet the 45-degree flame penetration test. Issued in Renton, Washington, on June 17, 2014. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–16644 Filed 7–15–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No.FAA–2014–0100; Notice No. 25– 557–SC] Special Conditions: Embraer S.A., Model EMB–550 Airplane; Operation Without Normal Electrical Power Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: These special conditions are issued for the Embraer S.A. Model EMB–550 airplanes. This airplane will have a novel or unusual design feature associated with electrical and electronic systems that perform critical functions, the loss of which could be catastrophic to the airplane. 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. SUMMARY: E:\FR\FM\16JYR1.SGM 16JYR1 41420 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations The effective date of these special conditions is July 16, 2014. We must receive your comments by August 15, 2014. ADDRESSES: Send comments identified by docket number FAA–2014–0100 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: 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 Web site, 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 the 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: Stephen Slotte, FAA, Airplane and Flight Crew Interface Branch, ANM– 111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone 425–227–2315; facsimile 425–227–1149. SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and opportunity for prior public comment on, these special conditions is impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of ehiers on DSK2VPTVN1PROD with RULES DATES: VerDate Mar<15>2010 15:23 Jul 15, 2014 Jkt 232001 the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon publication in the Federal Register. Comments Invited We invite 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. We will consider all comments we receive on or before the closing date for comments. We may change these special conditions based on the comments we receive. Background On May 14, 2009, Embraer S.A. applied for a type certificate for its new Model EMB–550 airplane. The Model EMB–550 airplane is the first of a new family of jet airplanes designed for corporate flight, fractional, charter, and private owner operations. The airplane has a configuration with low wing and T-tail empennage. The primary structure is metal with composite empennage and control surfaces. The Model EMB–550 airplane is designed for eight (8) passengers, with a maximum of twelve (12) passengers. It is equipped with two Honeywell AS907–3–1E medium bypass ratio turbofan engines mounted on aft fuselage pylons. Each engine produces approximately 6,540 pounds of thrust for normal takeoff. Type Certification Basis Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.17, Embraer S.A. must show that the Model EMB–550 meets the applicable provisions of part 25 as amended through Amendments 25–1 through 25– 127 thereto. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model EMB–550 airplane 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 or similar novel PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 or unusual design feature, the special conditions would also apply to the other model. In addition to the applicable airworthiness regulations and special conditions, the Model EMB–550 airplane must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and 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.’’ 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 § 21.17(a)(2). Novel or Unusual Design Features The Model EMB–550 airplane will incorporate the following novel or unusual design feature: Electrical and electronic systems that perform critical functions. Examples of these systems include the electronic displays, electronic flight controls, and electronic engine controls. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. 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 The Model EMB–550 incorporates an electronic flight control system that requires a continuous source of electrical power in order to keep the system operable. The criticality of this system is such that its failure will either reduce the capability of the airplane or the ability of the crew to cope with adverse operating conditions, or prevent continued safe flight and landing of the airplane. The airworthiness standards of part 25 do not contain adequate or appropriate standards for protection of these systems from the adverse effects of operation without normal electrical power. The current rule, § 25.1351(d), Amendment 25–72, requires safe operation under visual flight rules (VFR) conditions for at least five minutes after loss of all normal electrical power. This rule was structured around traditional airplane designs that used mechanical control cables and linkages for flight control. These manual controls allowed the crew to maintain aerodynamic control of the airplane for an indefinite period of time after loss of all electrical power. Under these conditions, the E:\FR\FM\16JYR1.SGM 16JYR1 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations mechanical flight control system provided the crew with the ability to fly the airplane while attempting to identify the cause of the electrical failure, start the engine(s) if necessary, and reestablish some of the electrical power generation capability, if possible. To maintain the same level of safety associated with traditional designs, the Model EMB–550 must be designed for operation with the normal sources of engine and auxiliary power unit (APU)generated electrical power inoperative. Service experience has shown that loss of all electrical power from the airplane’s engine and APU-driven generators is not extremely improbable. Thus, Embraer must demonstrate that the airplane is capable of recovering adequate primary electrical power generation for safe flight and landing. The emergency electrical power system must be designed to supply: 1. Electrical power required for immediate safety, which must continue to operate without the need for crew action following the loss of the normal engine (which includes APU power) generator electrical power system; 2. Electrical power required for continued safe flight and landing; and 3. Electrical power required to restart the engines. ehiers on DSK2VPTVN1PROD with RULES Applicability As discussed above, these special conditions are applicable to the Embraer S.A. Model EMB–550 airplane. Should Embraer S.A. apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on one airplane model. It is not a rule of general applicability. The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, because a delay would significantly affect the certification of the airplane, which is imminent, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon publication in the Federal Register. The FAA is requesting comments to allow interested persons to submit views that may not VerDate Mar<15>2010 15:23 Jul 15, 2014 Jkt 232001 have been submitted in response to the prior opportunities for comment described above. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions 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 Embraer S.A. Model EMB– 550 airplane. ■ Operation Without Normal Electrical Power In lieu of 14 CFR 25.1351(d) the following special conditions apply to ensure that the airplane has sufficient electrical power for continued safe flight and landing. 1. The applicant must show by test or a combination of test and analysis that the airplane is capable of continued safe flight and landing with all normal electrical power sources inoperative, as prescribed by paragraphs (1)(a) and (1)(b) below. For purposes of these special conditions, normal sources of electricalpower generation do not include any alternate power sources such as a battery, ram-air turbine (RAT), or independent power systems such as a flight-control permanent-magnet generating system. In showing capability for continued safe flight and landing, consideration must be given to systems capability, effects on crew workload and operating conditions, and the physiological needs of the flightcrew and passengers for the longest diversion time for which approval is sought. a. Common-cause failures, cascading failures, and zonal physical threats must be considered in showing compliance with this requirement. b. The ability to restore operation of portions of the electrical-power generation and distribution system may be considered if it can be shown that unrecoverable loss of those portions of the system is extremely improbable. An alternative source of electrical power must be provided for the time required to restore the minimum electricalpower-generation capability required for safe flight and landing. Unrecoverable loss of all engines may be excluded when showing that unrecoverable loss of critical portions of the electrical PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 41421 system is extremely improbable. Unrecoverable loss of all engines is covered in special condition 2, below, and thus may be excluded when showing compliance with this requirement. 2. Regardless of any electricalgeneration and distribution-system recovery capability shown under special condition 1, above, sufficient electricalsystem capability must be provided to: a. Allow time to descend, with all engines inoperative, at the speed that provides the best glide slope, from the maximum operating altitude to the altitude at which the soonest possible engine restart could be accomplished, and b. Subsequently allow multiple start attempts of the engines and APU. This capability must be provided in addition to the electrical capability required by existing part 25 requirements related to operation with all engines inoperative. 3. The airplane emergency electricalpower system must be designed to supply: a. Electrical power required for immediate safety, which must continue to operate without the need for crew action following the loss of the normal electrical power, for a duration sufficient to allow reconfiguration to provide a non-time-limited source of electrical power. b. Electrical power required for continued safe flight and landing for the maximum diversion time. 4. If APU-generated electrical power is used in satisfying the requirements of these special conditions, and if reaching a suitable runway upon which to land is beyond the capacity of the battery systems, then the APU must be able to be started under any foreseeable flight condition prior to the depletion of the battery or the restoration of normal electrical power, whichever occurs first. Flight tests must demonstrate this capability at the most critical condition. a. It must be shown that the APU will provide adequate electrical power for continued safe flight and landing. b. The operating limitations section of the airplane flight manual (AFM) must incorporate non-normal procedures that direct the pilot to take appropriate actions to activate the APU after loss of normal engine-driven generated electrical power. As a part of showing compliance with these special conditions, the tests by which loss of all normal electrical power is demonstrated must also take into account the following: 1. The failure condition should be assumed to occur during night IMC, at the most critical phase of the flight, relative to the worst possible electrical- E:\FR\FM\16JYR1.SGM 16JYR1 41422 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations power distribution and equipmentloads-demand condition. 2. After the un-restorable loss of normal engine generator power, the airplane-engine-restart capability must be provided and operations continued in IMC. 3. It should be demonstrated that the aircraft is capable of continued safe flight and landing. The length of time must be computed based on the maximum diversion-time capability for which the airplane is being certified. Consideration for airspeed reductions resulting from the associated failure or failures must be made. 4. The airplane must provide adequate indication of loss of normal electrical power to direct the pilot to the non-normal procedures, and the operating limitations section of the AFM must incorporate non-normal procedures that will direct the pilot to take appropriate actions. Issued in Renton, Washington, on June 17, 2014. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–16643 Filed 7–15–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 200, 257, 4000, and 4001 [Docket No. FR–5790–F–01] RIN 2501–AD68 Removal of HOPE for Homeowners Program Regulations Office of the Secretary, HUD. Final rule. AGENCY: ACTION: Through this rule, HUD removes regulations for the HOPE for Homeowners Program. The statutory authority for this program expired September 30, 2011. Because these regulations are no longer operative, they are being removed by this final rule. To the extent that local programs are still ongoing under the following repealed parts, the removal of these regulations does not affect the requirements for transactions entered into when the regulations were in effect. Loans made under the HOPE for Homeowners Program that are presently insured will continue to be governed by the regulations that existed immediately before the effective date of this final rule. DATES: Effective date: August 15, 2014. FOR FURTHER INFORMATION CONTACT: Camille E. Acevedo, Associate General ehiers on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:23 Jul 15, 2014 Jkt 232001 Counsel for Legislation and Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410; telephone number 202–708–1793 (this is not a tollfree number). Persons with hearing or speech impairments may access this number through TTY by calling the Federal Relay Service, toll-free at 800– 877–8389. SUPPLEMENTARY INFORMATION: I. Background The HOPE for Homeowners Act of 2008 (title IV of Division A of the Housing and Economic Recovery Act of 2008 (HERA) (Pub. L. 110–289, 122 Stat. 2654, approved July 30, 2008) added a new section 257 to the National Housing Act (NHA) (12 U.S.C. 1701z–22) that established a temporary program within HUD’s Federal Housing Administration (FHA) that offered homeowners and mortgage loan holders (or servicers acting on their behalf) insurance on the refinancing of distressed mortgagors to support long-term sustainable homeownership and avoid foreclosure. Section 257 authorized FHA to refinance eligible mortgages commencing no earlier than October 1, 2008, and such authority to refinance expired on September 30, 2011. The fundamental principle behind the HOPE for Homeowners Act and the HOPE for Homeowners Program was that providing new equity for distressed homeowners may be an effective way to help homeowners avoid foreclosure. The HOPE for Homeowners Act also established a Board of Directors to administer the program. The Board is composed of the Secretary of HUD, the Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation or their respective designees. Section 257(c)(1) of the NHA requires the Board to establish program requirements and standards for the HOPE for Homeowners Program and prescribe such regulations and provide such guidance as may be necessary or appropriate to implement such requirements and standards. Under the administration of the Board, the HOPE for Homeowners Program regulations were promulgated on October 6, 2008, at 73 FR 58418, and codified at 24 CFR part 4001.1 By rule published on February 20, 2009, at 74 FR 7812, the Board of Directors adopted regulations that would govern access to records of the Board under the Freedom 1 See https://www.gpo.gov/fdsys/pkg/FR-2008-1006/pdf/E8-23612.pdf. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 of Information Act. These regulations were codified at 24 CFR part 4000.2 The Emergency Economic Stabilization Act of 2008 (Pub. L. 110– 343, 122 Stat. 3765, approved October 3, 2008) (EESA), specifically section 124 of EESA, amended section 257 of the NHA to provide additional flexibility and options to lenders participating in the HOPE for Homeowners Program. Among other things, section 124 of EESA authorizes upfront payments to a holder of an existing subordinate mortgage in lieu of providing the subordinate lien holder with a portion of HUD’s 50 percent interest in the future appreciation of the value of the property. On January 7, 2009, at 74 FR 617, the Board published a rule to implement the changes made by EESA. On May 20, 2009, the President signed into law the Helping Families Save Their Homes Act of 2009 (Division A of Pub. L. 111–22, 123 Stat. 1632, approved May 20, 2009) (Helping Families Act). Section 202 of the Helping Families Act makes several amendments to section 257 of the NHA to enhance operation of the HOPE for Homeowners Program and to provide additional flexibility to participants. In addition, the Helping Families Act transferred responsibility, including rulemaking authority, for the HOPE for Homeowners Program from the Board of Directors to the Secretary of HUD. The Board of Directors would assist the program in an advisory capacity to the Secretary of HUD. With the transfer of responsibility for administration of the program from the Board of Directors to HUD, HUD promulgated new regulations for the HOPE for Homeowners Program that incorporated the changes made by EESA and the Helping Families Act. The regulations were published on January 12, 2010, at 75 FR 1686, and codified at 24 CFR part 257. This Final Rule Although changes were made to the HOPE for Homeowners Program by EESA and the Helping Families Act, the expiration of the program was not altered and the authority for the HOPE for Homeowners Program expired on September 30, 2011. Accordingly, this final rule removes the regulations for the HOPE for Homeowners Program, codified in 24 CFR parts 257, 4000 and 4001. On June 10, 2011, FHA issued a mortgagee letter entitled ‘‘Termination of the HOPE for Homeowners (H4H) Program’’ that provided instructions to FHA-approved mortgagees on how to 2 See https://www.gpo.gov/fdsys/pkg/FR-2009-0220/pdf/E9-3582.pdf. E:\FR\FM\16JYR1.SGM 16JYR1

Agencies

[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Rules and Regulations]
[Pages 41419-41422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16643]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No.FAA-2014-0100; Notice No. 25-557-SC]


Special Conditions: Embraer S.A., Model EMB-550 Airplane; 
Operation Without Normal Electrical Power

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Embraer S.A. Model 
EMB-550 airplanes. This airplane will have a novel or unusual design 
feature associated with electrical and electronic systems that perform 
critical functions, the loss of which could be catastrophic to the 
airplane. 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.

[[Page 41420]]


DATES: The effective date of these special conditions is July 16, 2014. 
We must receive your comments by August 15, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0100 
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: 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 Web site, 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 the 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: Stephen Slotte, FAA, Airplane and 
Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-2315; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: 
    The FAA has determined that notice of, and opportunity for prior 
public comment on, these special conditions is impracticable because 
these procedures would significantly delay issuance of the design 
approval and thus delivery of the affected aircraft. In addition, the 
substance of these special conditions has been subject to the public 
comment process in several prior instances with no substantive comments 
received. The FAA therefore finds that good cause exists for making 
these special conditions effective upon publication in the Federal 
Register.

Comments Invited

    We invite 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.
    We will consider all comments we receive on or before the closing 
date for comments. We may change these special conditions based on the 
comments we receive.

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for 
its new Model EMB-550 airplane. The Model EMB-550 airplane is the first 
of a new family of jet airplanes designed for corporate flight, 
fractional, charter, and private owner operations. The airplane has a 
configuration with low wing and T-tail empennage. The primary structure 
is metal with composite empennage and control surfaces. The Model EMB-
550 airplane is designed for eight (8) passengers, with a maximum of 
twelve (12) passengers. It is equipped with two Honeywell AS907-3-1E 
medium bypass ratio turbofan engines mounted on aft fuselage pylons. 
Each engine produces approximately 6,540 pounds of thrust for normal 
takeoff.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.17, Embraer S.A. must show that the Model EMB-550 meets the 
applicable provisions of part 25 as amended through Amendments 25-1 
through 25-127 thereto.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Model EMB-550 airplane 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 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.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model EMB-550 airplane must comply with the fuel vent 
and exhaust emission requirements of 14 CFR part 34 and 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.''
    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.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 airplane will incorporate the following novel or 
unusual design feature: Electrical and electronic systems that perform 
critical functions. Examples of these systems include the electronic 
displays, electronic flight controls, and electronic engine controls.
    The applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for these design features. 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

    The Model EMB-550 incorporates an electronic flight control system 
that requires a continuous source of electrical power in order to keep 
the system operable. The criticality of this system is such that its 
failure will either reduce the capability of the airplane or the 
ability of the crew to cope with adverse operating conditions, or 
prevent continued safe flight and landing of the airplane. The 
airworthiness standards of part 25 do not contain adequate or 
appropriate standards for protection of these systems from the adverse 
effects of operation without normal electrical power.
    The current rule, Sec.  25.1351(d), Amendment 25-72, requires safe 
operation under visual flight rules (VFR) conditions for at least five 
minutes after loss of all normal electrical power. This rule was 
structured around traditional airplane designs that used mechanical 
control cables and linkages for flight control. These manual controls 
allowed the crew to maintain aerodynamic control of the airplane for an 
indefinite period of time after loss of all electrical power. Under 
these conditions, the

[[Page 41421]]

mechanical flight control system provided the crew with the ability to 
fly the airplane while attempting to identify the cause of the 
electrical failure, start the engine(s) if necessary, and reestablish 
some of the electrical power generation capability, if possible.
    To maintain the same level of safety associated with traditional 
designs, the Model EMB-550 must be designed for operation with the 
normal sources of engine and auxiliary power unit (APU)-generated 
electrical power inoperative. Service experience has shown that loss of 
all electrical power from the airplane's engine and APU-driven 
generators is not extremely improbable. Thus, Embraer must demonstrate 
that the airplane is capable of recovering adequate primary electrical 
power generation for safe flight and landing.
    The emergency electrical power system must be designed to supply:
    1. Electrical power required for immediate safety, which must 
continue to operate without the need for crew action following the loss 
of the normal engine (which includes APU power) generator electrical 
power system;
    2. Electrical power required for continued safe flight and landing; 
and
    3. Electrical power required to restart the engines.

Applicability

    As discussed above, these special conditions are applicable to the 
Embraer S.A. Model EMB-550 airplane. Should Embraer S.A. apply at a 
later date for a change to the type certificate to include another 
model incorporating the same novel or unusual design feature, the 
special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one airplane model. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. Therefore, because a delay would 
significantly affect the certification of the airplane, which is 
imminent, the FAA has determined that prior public notice and comment 
are unnecessary and impracticable, and good cause exists for adopting 
these special conditions upon publication in the Federal Register. 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 described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

    The authority citation for these special conditions is as follows:

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

The Special Conditions

0
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 Embraer S.A. Model EMB-550 
airplane.

Operation Without Normal Electrical Power

    In lieu of 14 CFR 25.1351(d) the following special conditions apply 
to ensure that the airplane has sufficient electrical power for 
continued safe flight and landing.
    1. The applicant must show by test or a combination of test and 
analysis that the airplane is capable of continued safe flight and 
landing with all normal electrical power sources inoperative, as 
prescribed by paragraphs (1)(a) and (1)(b) below.
    For purposes of these special conditions, normal sources of 
electrical-power generation do not include any alternate power sources 
such as a battery, ram-air turbine (RAT), or independent power systems 
such as a flight-control permanent-magnet generating system.
    In showing capability for continued safe flight and landing, 
consideration must be given to systems capability, effects on crew 
workload and operating conditions, and the physiological needs of the 
flightcrew and passengers for the longest diversion time for which 
approval is sought.
    a. Common-cause failures, cascading failures, and zonal physical 
threats must be considered in showing compliance with this requirement.
    b. The ability to restore operation of portions of the electrical-
power generation and distribution system may be considered if it can be 
shown that unrecoverable loss of those portions of the system is 
extremely improbable. An alternative source of electrical power must be 
provided for the time required to restore the minimum electrical-power-
generation capability required for safe flight and landing. 
Unrecoverable loss of all engines may be excluded when showing that 
unrecoverable loss of critical portions of the electrical system is 
extremely improbable. Unrecoverable loss of all engines is covered in 
special condition 2, below, and thus may be excluded when showing 
compliance with this requirement.
    2. Regardless of any electrical-generation and distribution-system 
recovery capability shown under special condition 1, above, sufficient 
electrical-system capability must be provided to:
    a. Allow time to descend, with all engines inoperative, at the 
speed that provides the best glide slope, from the maximum operating 
altitude to the altitude at which the soonest possible engine restart 
could be accomplished, and
    b. Subsequently allow multiple start attempts of the engines and 
APU. This capability must be provided in addition to the electrical 
capability required by existing part 25 requirements related to 
operation with all engines inoperative.
    3. The airplane emergency electrical-power system must be designed 
to supply:
    a. Electrical power required for immediate safety, which must 
continue to operate without the need for crew action following the loss 
of the normal electrical power, for a duration sufficient to allow 
reconfiguration to provide a non-time-limited source of electrical 
power.
    b. Electrical power required for continued safe flight and landing 
for the maximum diversion time.
    4. If APU-generated electrical power is used in satisfying the 
requirements of these special conditions, and if reaching a suitable 
runway upon which to land is beyond the capacity of the battery 
systems, then the APU must be able to be started under any foreseeable 
flight condition prior to the depletion of the battery or the 
restoration of normal electrical power, whichever occurs first. Flight 
tests must demonstrate this capability at the most critical condition.
    a. It must be shown that the APU will provide adequate electrical 
power for continued safe flight and landing.
    b. The operating limitations section of the airplane flight manual 
(AFM) must incorporate non-normal procedures that direct the pilot to 
take appropriate actions to activate the APU after loss of normal 
engine-driven generated electrical power.
    As a part of showing compliance with these special conditions, the 
tests by which loss of all normal electrical power is demonstrated must 
also take into account the following:
    1. The failure condition should be assumed to occur during night 
IMC, at the most critical phase of the flight, relative to the worst 
possible electrical-

[[Page 41422]]

power distribution and equipment-loads-demand condition.
    2. After the un-restorable loss of normal engine generator power, 
the airplane-engine-restart capability must be provided and operations 
continued in IMC.
    3. It should be demonstrated that the aircraft is capable of 
continued safe flight and landing. The length of time must be computed 
based on the maximum diversion-time capability for which the airplane 
is being certified. Consideration for airspeed reductions resulting 
from the associated failure or failures must be made.
    4. The airplane must provide adequate indication of loss of normal 
electrical power to direct the pilot to the non-normal procedures, and 
the operating limitations section of the AFM must incorporate non-
normal procedures that will direct the pilot to take appropriate 
actions.

    Issued in Renton, Washington, on June 17, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-16643 Filed 7-15-14; 8:45 am]
BILLING CODE 4910-13-P
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