Special Conditions: Gulfstream Aerospace Limited Partnership (GALP) Model G150 Airplane; Windshield Coating in Lieu of Wipers, 60422-60424 [05-20864]
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Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations
rule, the amendments to it may have
immediate effect.
b. Paperwork Reduction Act
The amendment to section 333.101(b)
will not entail any new collections of
information. Therefore, the Paperwork
Reduction Act is not applicable.
c. Regulatory Flexibility Act
A regulatory flexibility analysis is
required only when an agency must
publish a notice of proposed rulemaking
(5 U.S.C. 603, 604). Because the FDIC is
revising an interpretive rule without
notice and comment, no regulatory
flexibility analysis is required.
d. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
et seq.) (SBREFA) provides generally for
agencies to report rules to Congress and
for Congress to review these rules.
Unless covered by an exception in
SBREFA (5 U.S.C. 804(3)), the reporting
requirement is triggered in instances
where the FDIC issues a rule as defined
by the APA. Because the FDIC is issuing
an interpretive rule, which is not
covered by one of the exceptions in
SBREFA, the FDIC will file the reports
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List of Subjects in 12 CFR Part 333
Bank, Banking, State nonmember
banks, Trusts and trustees.
I For the reasons set forth in this
preamble, the Board of Directors of the
Federal Deposit Insurance Corporation
hereby amends part 333 to Title 12 of
the Code of Federal Regulations as
follows:
1. The authority citation for part 333
continues to read as follows:
I
2. Section 333.101 is amended by
revising paragraph (b) to read as follows:
Prior consent not required.
*
*
*
*
(b) An insured State nonmember
bank, not exercising trust powers, may
act as trustee or custodian of Individual
Retirement Accounts established
pursuant to the Employee Retirement
Income Security Act of 1974 (26 U.S.C.
408), Self-Employed Retirement Plans
established pursuant to the SelfEmployed Individuals Retirement Act of
1962 (26 U.S.C. 401), Roth Individual
Retirement Accounts and Coverdell
16:44 Oct 17, 2005
Jkt 208001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM310; Special Conditions No.
25–306–SC]
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
I
VerDate Aug<31>2005
BILLING CODE 6714–01–P
AGENCY:
Authority: 12 U.S.C. 1816, 1818, 1819
(‘‘Seventh’’, ‘‘Eighth’’ and ‘‘Tenth’’), 1828,
1828(m), 1831p–1(c).
*
Dated at Washington, DC, this 6th day of
October, 2005.
By order of the Board of Directors.
Robert E. Feldman,
Executive Secretary, Federal Deposit
Insurance Corporation.
[FR Doc. 05–20768 Filed 10–17–05; 8:45 am]
Special Conditions: Gulfstream
Aerospace Limited Partnership (GALP)
Model G150 Airplane; Windshield
Coating in Lieu of Wipers
PART 333—EXTENSION OF
CORPORATE POWERS
§ 333.101
Education Savings Accounts established
pursuant to the Taxpayer Relief Act of
1997 (26 U.S.C. 408A and 530
respectively), Health Savings Accounts
established pursuant to the Medicare
Prescription Drug Improvement, and
Modernization Act of 2003 (26 U.S.C.
223), and other similar accounts without
the prior written consent of the
Corporation provided:
(1) The bank’s duties as trustee or
custodian are essentially custodial or
ministerial in nature,
(2) The bank is required to invest the
funds from such plans only
(i) In its own time or savings deposits,
or
(ii) In any other assets at the direction
of the customer, provided the bank does
not exercise any investment discretion
or provide any investment advice with
respect to such account assets, and
(3) The bank’s acceptance of such
accounts without trust powers is not
contrary to applicable State law.
SUMMARY: These special conditions are
issued for the Gulfstream Aerospace
Limited Partnership (GALP) Model
G150 airplane. This airplane will have
a novel or unusual design feature
associated with use of a hydrophobic
coating, rather than windshield wipers,
as the means to maintain a clear portion
of the windshield during precipitation
conditions, as required by the
airworthiness standards for transport
category airplanes. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
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standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
EFFECTIVE DATE: November 17, 2005.
FOR FURTHER INFORMATION CONTACT: John
McConnell, Airplane and Flight Crew
Interface Branch, ANM–111, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington, 98055–4056;
telephone (425) 227–1365; facsimile
(425) 227–1320, e-mail
john.mcconnell@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On September 22, 2002, GALP
applied for an amendment to Type
Certificate Number A16NM to include
the new GALP Model G150 airplane.
The GALP Model G150, which is a
derivative of the GALP Model G100
currently approved under Type
Certificate Number A16NM, is intended
to be a nine passenger executive
airplane with a maximum takeoff weight
of 26,000 pounds and a maximum
operating altitude of 45,000 feet.
The GALP Model G150 flightdeck
design incorporates a hydrophobic
coating to provide adequate pilot
compartment view in the presence of
precipitation. Sole reliance on such a
coating, without windshield wipers,
constitutes a novel or unusual design
feature for which the applicable
airworthiness regulations do not contain
adequate or appropriate safety
standards. Therefore, special conditions
are required that provide the level of
safety equivalent to that established by
the regulations.
Type Certification Basis
Under the provisions of 14 CFR
21.101, GALP must show that the Model
G150 meets the applicable provisions of
the regulations incorporated by
reference in Type Certificate Number
A16NM or the applicable regulations in
effect on the date of application for the
change to the type certificate. The
regulations incorporated by reference in
the type certificate are commonly
referred to as the ‘‘original type
certification basis.’’ The regulations
incorporated by reference in Type
Certificate Number A16NM are 14 CFR
part 25, effective February 1, 1965,
including Amendment 25–1 through
Amendment 25–107.
In addition, if the regulations
incorporated by reference do not
provide adequate standards with respect
to the change, the applicant must
comply with certain regulations in effect
on the date of application for the
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Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations
change. GALP has elected to voluntarily
comply with Amendment 25–108 for
the G150 type certification program.
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 G150 because of a novel
or unusual design feature, special
conditions are prescribed under the
provisions of § 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the Model G150 must
comply with (1) either the ‘‘No
Acoustical Change’’ provisions of
§ 21.93(b) or 14 CFR part 36, as
amended by Amendments 36–1 through
36–24, and (2) either the ‘‘No Emission
Change’’ provisions of § 21.93(c) or 14
CFR part 34, as amended by
Amendment 34–1 through Amendment
34–3.
Special conditions, as defined in 14
CFR 11.19, are issued in accordance
with § 11.38 and become part of the type
certification basis in accordance with
§ 21.101.
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, or should any
other model already included on the
same type certificate be modified to
incorporate the same novel or unusual
design feature, the special conditions
would also apply to the other model
under the provisions of § 21.101.
Novel or Unusual Design Features
The GALP Model G150 will
incorporate the following novel or
unusual design feature: Hydrophobic
windshield coating as the sole means to
maintain a clear portion of the
windshield, during precipitation
conditions, sufficient for both pilots to
have a sufficiently extensive view along
the flight path.
Discussion
Section 25.773(b)(1) requires that both
pilots of a transport category airplane be
provided a means to maintain a
sufficiently clear portion of the
windshield during precipitation
conditions, and that this clear portion of
the windshield must have a sufficiently
extensive view along the flight path.
The regulations require this means to
maintain such an area during
precipitation in heavy rain at speeds up
to 1.5 VSR1.
This requirement has existed in
principle since 1953 in Part 4b of the
Civil Air Regulations (CAR). Section
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16:44 Oct 17, 2005
Jkt 208001
4b.351(b)(1) of CAR 4b required that
‘‘Means shall be provided for
maintaining a sufficient portion of the
windshield clear so that both pilots are
afforded a sufficiently extensive view
along the flight path in all normal flight
attitudes of the airplane. Such means
shall be designed to function under the
following conditions without
continuous attention on the part of the
crew: (i) In heavy rain at speeds up to
1.6 VS1, flaps retracted.’’ Effective
December 26, 2002, Amendment 25–
108, changed the speed for effectiveness
of the means to maintain an area of clear
vision from up to 1.6 VS1 to 1.5 VSR1 to
accommodate the redefinition of the
reference stall speed from the minimum
speed in the stall, VS1, to greater than or
equal to the 1–g stall speed, VSR1. As
noted in the preamble to the final rule
for that amendment, the reduced factor
of 1.5 on VSR1 is to maintain
approximately the same speed as the 1.6
factor on VS1.
The requirement that the means to
maintain a clear area of forward vision
must function at high speeds and high
precipitation rates is based on the use of
windshield wipers as the means to
maintain an adequate area of clear
vision in precipitation conditions. The
requirement in 14 CFR 121.313(b), and
in 14 CFR 125.213(b), to provide ‘‘a
windshield wiper or equivalent for each
pilot station’’ has remained unchanged
since at least 1953.
The effectiveness of windshield
wipers to maintain an area of clear
vision normally degrades as airspeed
and precipitation rates increase. It is
assumed that because high speeds and
high precipitation rates represent
limiting conditions for windshield
wipers, they will also be effective at
lower speeds and precipitation levels.
Accordingly, § 25.773(b)(1)(i) does not
require maintenance of a clear area of
forward vision at lower speeds or lower
precipitation rates.
A forced airflow blown directly over
the windshield has also been used to
maintain an area of clear vision in
precipitation. The limiting conditions
for this technology are comparable to
those for windshield wipers.
Accordingly, introduction of this
technology did not present a need for
special conditions to maintain the level
of safety embodied in the existing
regulations.
Hydrophobic windshield coatings
may depend to some degree on airflow
directly over the windshield to maintain
a clear vision area. The heavy rain and
high-speed conditions specified in the
current rule do not necessarily represent
the limiting conditions for this new
technology. For example, airflow over
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60423
the windshield, which may be necessary
to remove moisture from the
windshield, may not be adequate to
maintain a sufficiently clear area of the
windshield in low speed flight or during
ground operations. Alternatively,
airflow over the windshield may be
disturbed during such critical times as
the approach to land, where the airplane
is at a higher than normal pitch attitude.
In these cases, areas of airflow
disturbance or separation on the
windshield could cause failure to
maintain a clear vision area on the
windshield.
In addition to potentially depending
on airflow to function effectively,
hydrophobic coatings may also be
dependent on water droplet size for
effective precipitation removal. For
example, precipitation in the form of a
light mist may not be sufficient for the
coating’s properties to result in
maintaining a clear area of vision.
In summary, the current regulations
identify speed and precipitation rate
requirements that represent limiting
conditions for windshield wipers and
blowers, but not for hydrophobic
coatings, so it is necessary to issue
special conditions to maintain the level
of safety represented by the current
regulations.
These special conditions provide an
appropriate safety standard for the
hydrophobic coating technology as the
means to maintain a clear area of vision
by requiring it to be effective at low
speeds and precipitation rates as well as
the higher speeds and precipitation
rates identified in the current
regulation. These are the only new or
changed requirements relative to those
in § 25.773(b)(1) at Amendment 25–108.
Discussion of Comments
Notice of proposed special conditions
No. 25–05–07 for the Gulfstream
Aerospace Limited Partnership Model
G150 airplane was published in the
Federal Register on June 30, 2005 (70
FR 37715). Only one commenter
responded to the notice.
Using Hydrophobic Coating Is Not
Novel and Unusual
The commenter, Gulfstream, states
that the FAA defines hydrophobic
coating as ‘‘a novel and unusual design
feature on one model of airplane.’’ The
commenter notes that the hydrophobic
coating proposed for the Model G150
has actually accumulated a significant
service history and has been certified on
numerous transport airplanes.
We infer that the commenter does not
agree that the use of hydrophobic
coating should be identified as ‘‘a novel
and unusual design feature.’’ We do not
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Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations
agree. We believe that the previous
approvals for using hydrophobic coating
should have included special conditions
in the type certification basis. As is the
case for the Model G150, the use of
hydrophobic coatings in lieu of
windshield wipers represents a novel
design feature relative to the
certification basis of each of those
airplane types. While the satisfactory
service history indicates that these
particular designs would likely have
met the requirements of the special
conditions, the existing regulatory
requirements would not by themselves
have necessarily assured the intended
level of safety for the use of
hydrophobic coating for precipitation
removal for these designs, or for other
designs. Special conditions are
necessary to address the use of
hydrophobic coating instead of
windshield wipers. No changes were
made as a result of this comment.
Sufficient View
The commenter recommends that the
term ‘‘sufficient view’’ be changed to
‘‘sufficient view depending on aircraft
speed.’’ The commenter states that the
visibility requirements for taxi are
different than the requirements for
flight.
We do not agree with the commenter’s
recommendation. The existing
regulatory requirements in 14 CFR
25.773(b)(1), at Amendment 25–108, do
not explicitly include this qualification.
As with the existing requirements, the
interpretation of ‘‘sufficient view’’ in
these special conditions may be
dependent on several factors other than
airplane speed, such as phase of flight
or ground operations. No changes were
made as a result of this comment.
Changes to the Proposed Special
Conditions
The reference to ‘‘the flight path in
normal flight attitudes of the airplane’’
has been changed to ‘‘the ground or
flight path in normal taxi and flight
attitudes of the airplane.’’ This change
clarifies a possible ambiguity regarding
the path of the airplane relative to the
speeds necessary to maintain the clear
vision area. While this additional
language is absent from the requirement
of § 25.773(b)(1), it is consistent with
the intended level of safety. As noted in
the Discussion section of the Notice of
Proposed Special Conditions, the
existing requirements are premised on
the use of windshield wipers or other
means for which slow speeds and
minimal airflow are not limiting
conditions for maintaining an area of
clear vision. Hydrophobic coatings,
however, are least effective at slow
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16:44 Oct 17, 2005
Jkt 208001
speeds and low airflow rates. To
maintain the same level of safety as the
existing regulations, the certification
basis must address both ground and
flight operations, as reflected by the
speed and airflow range included in the
proposed special conditions.
We also changed the Discussion
section to correct the effective date of
Amendment 25–108 from December 26,
1990, to December 26, 2002. In addition,
we made editorial changes to the
Discussion section to clarify certain
information regarding airspeed. Except
as discussed above, the special
conditions are adopted as proposed.
Issued in Renton, Washington, on October
7, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–20864 Filed 10–17–05; 8:45 am]
Applicability
RIN 2120–AA66
As discussed above, these special
conditions are applicable to the Model
G150. Should GALP apply at a later date
for a change to the type certificate to
include other type designs incorporating
the same novel or unusual design
feature, the special conditions would
apply to those models as well under the
provisions of § 21.101.
Revision of Jet Routes J–8, J–18, J–19,
J–58, J–76, J–104 and J–244; and VOR
Federal Airways V–60, V–190, V–263
and V–611; Las Vegas, NM
Conclusion
This action affects only certain novel
or unusual design features on one model
of airplane. 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 Gulfstream Aerospace Limited
Partnership (GALP) Model G150
airplanes.
I
Pilot Compartment View—Hydrophobic
Coatings in Lieu of Windshield Wipers
The airplane must have a means to
maintain a clear portion of the
windshield, during precipitation
conditions, enough for both pilots to
have a sufficiently extensive view along
the ground or flight path in normal taxi
and flight attitudes of the airplane. This
means must be designed to function,
without continuous attention on the
part of the crew, in conditions from
light misting precipitation to heavy rain
at speeds from fully stopped in still air,
to 1.5 VSR1 with lift and drag devices
retracted.
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BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–22421; Airspace
Docket No. 05–ASW–1]
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This action revises Jet Routes
J–8, J–18, J–19, J–58, J–76, J–104 and J–
244; and Very High Frequency Omnidirectional Range (VOR) Federal
Airways V–60, V–190, V–263 and V–
611 over the Las Vegas, NM, area. The
FAA is taking this action due to the
renaming of the ‘‘Las Vegas VOR tactical
air navigation (VORTAC)’’ to the ‘‘Fort
Union VORTAC.’’ The name of the Las
Vegas, NM, VORTAC is being changed
to enhance the management of aircraft
operations over the Las Vegas, NM, area
by eliminating the possibility of
confusion with the Las Vegas, NV,
VORTAC. The FAA is also making
editorial changes to update the format of
the legal descriptions for VOR Federal
Airways V–190, V–263 and V–611.
DATES: Effective Dates: 0901 UTC,
December 22, 2005.
FOR FURTHER INFORMATION CONTACT:
Steve Rohring, Airspace and Rules,
Office of System Operations Airspace
and AIM, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
History
To reduce confusion between the Las
Vegas, NM, VORTAC and the Las Vegas,
NV, VORTAC, a decision was made to
change the name of the ‘‘Las Vegas, NM,
VORTAC’’ to the ‘‘Fort Union, NM,
VORTAC.’’ Because the name of the
VORTAC is contained in the legal
description of J–8, J–18, J–19, J–58, J–76,
J–104 and J–244; and V–60, V–190, V–
263 and V–611, the legal descriptions
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]]>Agencies
[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Rules and Regulations]
[Pages 60422-60424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20864]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM310; Special Conditions No. 25-306-SC]
Special Conditions: Gulfstream Aerospace Limited Partnership
(GALP) Model G150 Airplane; Windshield Coating in Lieu of Wipers
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Gulfstream
Aerospace Limited Partnership (GALP) Model G150 airplane. This airplane
will have a novel or unusual design feature associated with use of a
hydrophobic coating, rather than windshield wipers, as the means to
maintain a clear portion of the windshield during precipitation
conditions, as required by the airworthiness standards for transport
category airplanes. 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.
EFFECTIVE DATE: November 17, 2005.
FOR FURTHER INFORMATION CONTACT: John McConnell, Airplane and Flight
Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington, 98055-4056; telephone (425) 227-1365; facsimile (425) 227-
1320, e-mail john.mcconnell@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On September 22, 2002, GALP applied for an amendment to Type
Certificate Number A16NM to include the new GALP Model G150 airplane.
The GALP Model G150, which is a derivative of the GALP Model G100
currently approved under Type Certificate Number A16NM, is intended to
be a nine passenger executive airplane with a maximum takeoff weight of
26,000 pounds and a maximum operating altitude of 45,000 feet.
The GALP Model G150 flightdeck design incorporates a hydrophobic
coating to provide adequate pilot compartment view in the presence of
precipitation. Sole reliance on such a coating, without windshield
wipers, constitutes a novel or unusual design feature for which the
applicable airworthiness regulations do not contain adequate or
appropriate safety standards. Therefore, special conditions are
required that provide the level of safety equivalent to that
established by the regulations.
Type Certification Basis
Under the provisions of 14 CFR 21.101, GALP must show that the
Model G150 meets the applicable provisions of the regulations
incorporated by reference in Type Certificate Number A16NM or the
applicable regulations in effect on the date of application for the
change to the type certificate. The regulations incorporated by
reference in the type certificate are commonly referred to as the
``original type certification basis.'' The regulations incorporated by
reference in Type Certificate Number A16NM are 14 CFR part 25,
effective February 1, 1965, including Amendment 25-1 through Amendment
25-107.
In addition, if the regulations incorporated by reference do not
provide adequate standards with respect to the change, the applicant
must comply with certain regulations in effect on the date of
application for the
[[Page 60423]]
change. GALP has elected to voluntarily comply with Amendment 25-108
for the G150 type certification program.
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 G150 because of a novel or
unusual design feature, special conditions are prescribed under the
provisions of Sec. 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Model G150 must comply with (1) either the ``No
Acoustical Change'' provisions of Sec. 21.93(b) or 14 CFR part 36, as
amended by Amendments 36-1 through 36-24, and (2) either the ``No
Emission Change'' provisions of Sec. 21.93(c) or 14 CFR part 34, as
amended by Amendment 34-1 through Amendment 34-3.
Special conditions, as defined in 14 CFR 11.19, are issued in
accordance with Sec. 11.38 and become part of the type certification
basis in accordance with Sec. 21.101.
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, or should any other model already
included on the same type certificate be modified to incorporate the
same novel or unusual design feature, the special conditions would also
apply to the other model under the provisions of Sec. 21.101.
Novel or Unusual Design Features
The GALP Model G150 will incorporate the following novel or unusual
design feature: Hydrophobic windshield coating as the sole means to
maintain a clear portion of the windshield, during precipitation
conditions, sufficient for both pilots to have a sufficiently extensive
view along the flight path.
Discussion
Section 25.773(b)(1) requires that both pilots of a transport
category airplane be provided a means to maintain a sufficiently clear
portion of the windshield during precipitation conditions, and that
this clear portion of the windshield must have a sufficiently extensive
view along the flight path. The regulations require this means to
maintain such an area during precipitation in heavy rain at speeds up
to 1.5 VSR1.
This requirement has existed in principle since 1953 in Part 4b of
the Civil Air Regulations (CAR). Section 4b.351(b)(1) of CAR 4b
required that ``Means shall be provided for maintaining a sufficient
portion of the windshield clear so that both pilots are afforded a
sufficiently extensive view along the flight path in all normal flight
attitudes of the airplane. Such means shall be designed to function
under the following conditions without continuous attention on the part
of the crew: (i) In heavy rain at speeds up to 1.6 VS1,
flaps retracted.'' Effective December 26, 2002, Amendment 25-108,
changed the speed for effectiveness of the means to maintain an area of
clear vision from up to 1.6 VS1 to 1.5 VSR1 to
accommodate the redefinition of the reference stall speed from the
minimum speed in the stall, VS1, to greater than or equal to
the 1-g stall speed, VSR1. As noted in the preamble to the
final rule for that amendment, the reduced factor of 1.5 on
VSR1 is to maintain approximately the same speed as the 1.6
factor on VS1.
The requirement that the means to maintain a clear area of forward
vision must function at high speeds and high precipitation rates is
based on the use of windshield wipers as the means to maintain an
adequate area of clear vision in precipitation conditions. The
requirement in 14 CFR 121.313(b), and in 14 CFR 125.213(b), to provide
``a windshield wiper or equivalent for each pilot station'' has
remained unchanged since at least 1953.
The effectiveness of windshield wipers to maintain an area of clear
vision normally degrades as airspeed and precipitation rates increase.
It is assumed that because high speeds and high precipitation rates
represent limiting conditions for windshield wipers, they will also be
effective at lower speeds and precipitation levels. Accordingly, Sec.
25.773(b)(1)(i) does not require maintenance of a clear area of forward
vision at lower speeds or lower precipitation rates.
A forced airflow blown directly over the windshield has also been
used to maintain an area of clear vision in precipitation. The limiting
conditions for this technology are comparable to those for windshield
wipers. Accordingly, introduction of this technology did not present a
need for special conditions to maintain the level of safety embodied in
the existing regulations.
Hydrophobic windshield coatings may depend to some degree on
airflow directly over the windshield to maintain a clear vision area.
The heavy rain and high-speed conditions specified in the current rule
do not necessarily represent the limiting conditions for this new
technology. For example, airflow over the windshield, which may be
necessary to remove moisture from the windshield, may not be adequate
to maintain a sufficiently clear area of the windshield in low speed
flight or during ground operations. Alternatively, airflow over the
windshield may be disturbed during such critical times as the approach
to land, where the airplane is at a higher than normal pitch attitude.
In these cases, areas of airflow disturbance or separation on the
windshield could cause failure to maintain a clear vision area on the
windshield.
In addition to potentially depending on airflow to function
effectively, hydrophobic coatings may also be dependent on water
droplet size for effective precipitation removal. For example,
precipitation in the form of a light mist may not be sufficient for the
coating's properties to result in maintaining a clear area of vision.
In summary, the current regulations identify speed and
precipitation rate requirements that represent limiting conditions for
windshield wipers and blowers, but not for hydrophobic coatings, so it
is necessary to issue special conditions to maintain the level of
safety represented by the current regulations.
These special conditions provide an appropriate safety standard for
the hydrophobic coating technology as the means to maintain a clear
area of vision by requiring it to be effective at low speeds and
precipitation rates as well as the higher speeds and precipitation
rates identified in the current regulation. These are the only new or
changed requirements relative to those in Sec. 25.773(b)(1) at
Amendment 25-108.
Discussion of Comments
Notice of proposed special conditions No. 25-05-07 for the
Gulfstream Aerospace Limited Partnership Model G150 airplane was
published in the Federal Register on June 30, 2005 (70 FR 37715). Only
one commenter responded to the notice.
Using Hydrophobic Coating Is Not Novel and Unusual
The commenter, Gulfstream, states that the FAA defines hydrophobic
coating as ``a novel and unusual design feature on one model of
airplane.'' The commenter notes that the hydrophobic coating proposed
for the Model G150 has actually accumulated a significant service
history and has been certified on numerous transport airplanes.
We infer that the commenter does not agree that the use of
hydrophobic coating should be identified as ``a novel and unusual
design feature.'' We do not
[[Page 60424]]
agree. We believe that the previous approvals for using hydrophobic
coating should have included special conditions in the type
certification basis. As is the case for the Model G150, the use of
hydrophobic coatings in lieu of windshield wipers represents a novel
design feature relative to the certification basis of each of those
airplane types. While the satisfactory service history indicates that
these particular designs would likely have met the requirements of the
special conditions, the existing regulatory requirements would not by
themselves have necessarily assured the intended level of safety for
the use of hydrophobic coating for precipitation removal for these
designs, or for other designs. Special conditions are necessary to
address the use of hydrophobic coating instead of windshield wipers. No
changes were made as a result of this comment.
Sufficient View
The commenter recommends that the term ``sufficient view'' be
changed to ``sufficient view depending on aircraft speed.'' The
commenter states that the visibility requirements for taxi are
different than the requirements for flight.
We do not agree with the commenter's recommendation. The existing
regulatory requirements in 14 CFR 25.773(b)(1), at Amendment 25-108, do
not explicitly include this qualification. As with the existing
requirements, the interpretation of ``sufficient view'' in these
special conditions may be dependent on several factors other than
airplane speed, such as phase of flight or ground operations. No
changes were made as a result of this comment.
Changes to the Proposed Special Conditions
The reference to ``the flight path in normal flight attitudes of
the airplane'' has been changed to ``the ground or flight path in
normal taxi and flight attitudes of the airplane.'' This change
clarifies a possible ambiguity regarding the path of the airplane
relative to the speeds necessary to maintain the clear vision area.
While this additional language is absent from the requirement of Sec.
25.773(b)(1), it is consistent with the intended level of safety. As
noted in the Discussion section of the Notice of Proposed Special
Conditions, the existing requirements are premised on the use of
windshield wipers or other means for which slow speeds and minimal
airflow are not limiting conditions for maintaining an area of clear
vision. Hydrophobic coatings, however, are least effective at slow
speeds and low airflow rates. To maintain the same level of safety as
the existing regulations, the certification basis must address both
ground and flight operations, as reflected by the speed and airflow
range included in the proposed special conditions.
We also changed the Discussion section to correct the effective
date of Amendment 25-108 from December 26, 1990, to December 26, 2002.
In addition, we made editorial changes to the Discussion section to
clarify certain information regarding airspeed. Except as discussed
above, the special conditions are adopted as proposed.
Applicability
As discussed above, these special conditions are applicable to the
Model G150. Should GALP apply at a later date for a change to the type
certificate to include other type designs incorporating the same novel
or unusual design feature, the special conditions would apply to those
models as well under the provisions of Sec. 21.101.
Conclusion
This action affects only certain novel or unusual design features
on one model of airplane. 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
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 Gulfstream Aerospace Limited
Partnership (GALP) Model G150 airplanes.
Pilot Compartment View--Hydrophobic Coatings in Lieu of Windshield
Wipers
The airplane must have a means to maintain a clear portion of the
windshield, during precipitation conditions, enough for both pilots to
have a sufficiently extensive view along the ground or flight path in
normal taxi and flight attitudes of the airplane. This means must be
designed to function, without continuous attention on the part of the
crew, in conditions from light misting precipitation to heavy rain at
speeds from fully stopped in still air, to 1.5 VSR1 with
lift and drag devices retracted.
Issued in Renton, Washington, on October 7, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-20864 Filed 10-17-05; 8:45 am]
BILLING CODE 4910-13-P
