Special Conditions: Embraer Model EMB-500 Series Airplane Special Conditions for Flight Performance, Flight Characteristics, and Operating Limitations, 72303-72310 [E8-28025]

Download as PDF 72303 Rules and Regulations Federal Register Vol. 73, No. 230 Friday, November 28, 2008 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE292; Special Conditions No. 23–232–SC] Special Conditions: Embraer Model EMB–500 Series Airplane Special Conditions for Flight Performance, Flight Characteristics, and Operating Limitations Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: SUMMARY: These special conditions are issued for the Embraer Model EMB–500 series airplane. This airplane will have a novel or unusual design feature(s) associated with engine location, certain performance, flight characteristics and operating limitations necessary for this type of 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. DATES: The effective date of these special conditions is November 18, 2008. We must receive your comments by December 29, 2008. ADDRESSES: Mail two copies of your comments to: Federal Aviation Administration, Regional Counsel, ACE–7, Attention: Rules Docket No. CE292, 901 Locust, Room 506, Kansas City, Missouri 64106. You may deliver two copies to the Regional Counsel at the above address. Mark your comments: Docket No. CE292. You may inspect comments in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: J. Lowell Foster, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE–111, 901 Locust, Room 301, Kansas City, Missouri 816–329–4125, fax 816–329–4090. SUPPLEMENTARY INFORMATION: The FAA has determined that notice and opportunity for prior public comment hereon are impracticable because these procedures would significantly delay issuance of the approval design 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 on issuance. 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 ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel about these special conditions. You may inspect the docket before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. We will consider all comments we receive by the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive. If you want us to let you know we received your comments on these special conditions, send us a preaddressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it back to you. Background On October 5, 2005, Embraer applied for a type certificate for their new Model, the EMB–500. The EMB–500 is an all-new, high-performance, low wing, twin turbofan powered airplane. Design features include turbofan engines, aft engine location, new avionics, and certain performance characteristics inherent in this type of airplane that were not envisioned by the existing regulations. The EMB–500 will be a new airplane and will have the following significant features incorporated: • Two Pratt & Whitney PW617F/1 turbofan engines rated at 1,600 pounds of thrust with a Full Authority Digital Engine Control (FADEC) system. • Garmin will provide a new avionics/instrumentation system, the G1000. This system is a state-of-the-art glass cockpit utilizing redundant Active Matrix Liquid Crystal Displays, featuring three displays. • The aircraft’s general configuration will be similar to other normal category jet airplanes, including a T-tail, and a low wing with slight leading edge wing sweep. • The cabin will have a maximum seating configuration for 8 passengers. • The preliminary operational design criteria are: dwashington3 on PROD1PC60 with RULES Parameter Symbol Limit Speeds .............................................................................. Vmo .......................................................................................... MMO .......................................................................................... ................................................................................................... ................................................................................................... ................................................................................................... Flaps 1 ..................................................................................... Flaps 2 ..................................................................................... Flaps 3 ..................................................................................... Max Takeoff Weight ................................................................... Max Landing Weight .................................................................. Max Zero Fuel Weight ............................................................... Flap Speeds ............................................................................... VerDate Aug<31>2005 14:57 Nov 26, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\28NOR1.SGM EMB–500 28NOR1 275 KCAS 0.70 Mach 9965 lb 9259 lb 8510 lb 200 KIAS 160 KIAS 145 KIAS 72304 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Rules and Regulations Parameter Symbol Landing Gear Speeds ................................................................ Maximum Altitude ...................................................................... Flaps Full .................................................................................. VLO (Retracting) ....................................................................... VLO (Extending) ........................................................................ VLE (Extended) ......................................................................... ................................................................................................... Type Certification Basis Conclusion Under the provisions of 14 CFR part 21, § 21.17, Embraer must show that the EMB–500 meets the applicable provisions of part 23, as amended by Amendment 23–1 through 23–54 thereto. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR, part 23) do not contain adequate or appropriate safety standards for the Embraer EMB–500 because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38, and become part of the type certification basis in accordance with § 21.17(a)(2). Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, the special conditions would also apply to the other model under the provisions of § 21.101. In addition to the applicable airworthiness regulations and special conditions, the EMB–500 must comply with the part 23 fuel vent and exhaust emission requirements of 14 CFR part 34 and the part 23 noise certification requirements of 14 CFR part 36. The FAA must also issue a finding of regulatory adequacy pursuant to section 611 of Public Law 92–574, the ‘‘Noise Control Act of 1972.’’ This action affects only certain novel or unusual design features on Embraer EMB–500 series airplanes. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane. 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 on issuance. 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. Novel or Unusual Design Features The Embraer EMB–500 will incorporate the following novel or unusual design features: Aft-mounted engines, certain performance and flight characteristics, and operating limitations necessary for this type of airplane. dwashington3 on PROD1PC60 with RULES Applicability As discussed above, these special conditions are applicable to the Embraer EMB–500 series. Should Embraer 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 under the provisions of § 21.101. VerDate Aug<31>2005 14:57 Nov 26, 2008 Jkt 217001 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: ■ Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 14 CFR 11.38 and 11.19. The Special Conditions Several 14 CFR part 23 paragraphs have been replaced by or supplemented with special conditions. These special conditions have been numbered to match the 14 CFR part 23 paragraphs they replace or supplement. Additionally, many of the other applicable part 23 paragraphs crossreference paragraphs that are replaced by or supplemented with special conditions. It is implied that the special conditions associated with these paragraphs must be applied. This principal applies to all part 23 paragraphs that cross-reference paragraphs associated with special conditions. Frm 00002 145 KIAS 180 KIAS 250 KIAS 275 KIAS 41,000 ft 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 EMB–500 series airplanes. ■ List of Subjects in 14 CFR Part 23 PO 00000 EMB–500 Fmt 4700 Sfmt 4700 § 23.45 General. Instead of compliance with § 23.45, the following apply: (a) Unless otherwise prescribed, the performance requirements of this part must be met for— (1) Still air and standard atmosphere; and (2) Ambient atmospheric conditions. (b) Performance data must be determined over not less than the following ranges of conditions— (1) Airport altitudes from sea level to 10,000 feet; and (2) Temperature from standard to 30 °C above standard, or the maximum ambient atmospheric temperature at which compliance with the cooling provisions of § 23.1041 to § 23.1047 is shown, if lower. (c) Performance data must be determined with the cowl flaps or other means for controlling the engine cooling air supply in the position used in the cooling tests required by § 23.1041 to § 23.1047. (d) The available propulsive thrust must correspond to engine power, not exceeding the approved power, less— (1) Installation losses; and (2) The power absorbed by the accessories and services appropriate to the particular ambient atmospheric conditions and the particular flight condition. (e) The performance, as affected by engine power or thrust, must be based on a relative humidity: (1) Of 80 percent at and below standard temperature; and (2) From 80 percent, at the standard temperature, varying linearly down to 34 percent at the standard temperature plus 50 °F. (f) Unless otherwise prescribed, in determining the takeoff and landing distances, changes in the airplane’s configuration, speed, and power must be made in accordance with procedures established by the applicant for operation in service. These procedures must be able to be executed consistently by pilots of average skill in atmospheric E:\FR\FM\28NOR1.SGM 28NOR1 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Rules and Regulations conditions reasonably expected to be encountered in service. (g) The following, as applicable, must be determined on a smooth, dry, hardsurfaced runway— (1) Not applicable; (2) Accelerate-stop distance of § 23.55; (3) Takeoff distance and takeoff run of § 23.59; and (4) Landing distance of § 23.75. Note: The effect on these distances of operation on other types of surfaces (for example, grass, gravel) when dry, may be determined or derived and these surfaces listed in the Airplane Flight Manual in accordance with § 23.1583(p). (h) The following also apply: (1) Unless otherwise prescribed, the applicant must select the takeoff, enroute, approach, and landing configurations for the airplane. (2) The airplane configuration may vary with weight, altitude, and temperature, to the extent that they are compatible with the operating procedures required by paragraph (h)(3) of this section. (3) Unless otherwise prescribed, in determining the critical-engineinoperative takeoff performance, takeoff flight path, and accelerate-stop distance, changes in the airplane’s configuration, speed, and power must be made in accordance with procedures established by the applicant for operation in service. (4) Procedures for the execution of discontinued approaches and balked landings associated with the conditions prescribed in §§ 23.67(c)(4) and 23.77(c) must be established. (5) The procedures established under paragraphs (h)(3) and (h)(4) of this section must— (i) Be able to be consistently executed by a crew of average skill in atmospheric conditions reasonably expected to be encountered in service; (ii) Use methods or devices that are safe and reliable; and (iii) Include allowance for any reasonably expected time delays in the execution of the procedures. dwashington3 on PROD1PC60 with RULES § 23.51 Takeoff speeds. Instead of compliance with § 23.51, the following apply: (a) Not applicable. (b) Not applicable. (c) The following apply: (l) V1 must be established in relation to VEF as follows: (i) VEF is the calibrated airspeed at which the critical engine is assumed to fail. VEF must be selected by the applicant, but it must not be less than 1.05 VMC determined under § 23.149(b) or, at the option of the applicant, not less than VMCG determined under § 23.149(f). VerDate Aug<31>2005 14:57 Nov 26, 2008 Jkt 217001 (ii) The takeoff decision speed, V1, is the calibrated airspeed on the ground at which, as a result of engine failure or other reasons, the pilot is assumed to have made a decision to continue or discontinue the takeoff. The takeoff decision speed, V1, must be selected by the applicant but must not be less than VEF plus the speed gained with the critical engine inoperative during the time interval between the instant at which the critical engine is failed and the instant at which the pilot recognizes and reacts to the engine failure, as indicated by the pilot’s application of the first retarding means during the accelerate-stop determination of § 23.55. (2) The rotation speed, VR, in terms of calibrated airspeed, must be selected by the applicant and must not be less than the greatest of the following: (i) V1; (ii) 1.05 VMC determined under § 23.149(b); (iii) 1.10 VS1; or (iv) The speed that allows attaining the initial climb-out speed, V2, before reaching a height of 35 feet above the takeoff surface in accordance with § 23.57(c)(2). (3) For any given set of conditions, such as weight, altitude, temperature, and configuration, a single value of VR must be used to show compliance with both the one-engine-inoperative takeoff and all-engines-operating takeoff requirements. (4) The takeoff safety speed, V2, in terms of calibrated airspeed, must be selected by the applicant so as to allow the gradient of climb required in § 23.67(c)(1) and (c)(2) but must not be less than 1.10 VMC or less than 1.20 VS1. (5) The one-engine-inoperative takeoff distance, using a normal rotation rate at a speed 5 knots less than VR, established in accordance with paragraph (c)(2) of this section, must be shown not to exceed the corresponding one-engineinoperative takeoff distance, determined in accordance with §§ 23.57 and 23.59(a)(1), using the established VR. The takeoff, otherwise performed in accordance with § 23.57, must be continued safely from the point at which the airplane is 35 feet above the takeoff surface and at a speed not less than the established V2 minus 5 knots. (6) The applicant must show, with all engines operating, that marked increases in the scheduled takeoff distances, determined in accordance with § 23.59(a)(2), do not result from overrotation of the airplane or out-of-trim conditions. § 23.53 Takeoff performance. Instead of compliance with § 23.53, the following apply: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 72305 (a) Not applicable. (b) Not applicable. (c) Takeoff performance, as required by §§ 23.55 through 23.59, must be determined with the operating engine(s) within approved operating limitations. § 23.55 Accelerate-stop distance. Instead of compliance with § 23.55, the following apply: The accelerate-stop distance must be determined as follows: (a) The accelerate-stop distance is the sum of the distances necessary to— (1) Accelerate the airplane from a standing start to VEF with all engines operating; (2) Accelerate the airplane from VEF to V1, assuming the critical engine fails at VEF; and (3) Come to a full stop from the point at which V1 is reached. (b) Means other than wheel brakes may be used to determine the accelerate-stop distances if that means— (1) Is safe and reliable; (2) Is used so that consistent results can be expected under normal operating conditions; and (3) Is such that exceptional skill is not required to control the airplane. § 23.57 Takeoff path. Instead of compliance with § 23.57, the following apply: The takeoff path is as follows: (a) The takeoff path extends from a standing start to a point in the takeoff at which the airplane is 1,500 feet above the takeoff surface at or below which height the transition from the takeoff to the enroute configuration must be completed; and (1) The takeoff path must be based on the procedures prescribed in § 23.45; (2) The airplane must be accelerated on the ground to VEF at which point the critical engine must be made inoperative and remain inoperative for the rest of the takeoff; and (3) After reaching VEF, the airplane must be accelerated to V2. (b) During the acceleration to speed V2, the nose gear may be raised off the ground at a speed not less than VR. However, landing gear retraction must not be initiated until the airplane is airborne. (c) During the takeoff path determination, in accordance with paragraphs (a) and (b) of this section— (1) The slope of the airborne part of the takeoff path must not be negative at any point; (2) The airplane must reach V2 before it is 35 feet above the takeoff surface, and must continue at a speed as close as practical to, but not less than V2, until it is 400 feet above the takeoff surface; E:\FR\FM\28NOR1.SGM 28NOR1 72306 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Rules and Regulations (3) At each point along the takeoff path, starting at the point at which the airplane reaches 400 feet above the takeoff surface, the available gradient of climb must not be less than 1.2 percent for two-engine airplanes; and (4) Except for gear retraction and automatic propeller feathering, the airplane configuration must not be changed, and no change in power that requires action by the pilot may be made, until the airplane is 400 feet above the takeoff surface. (d) The takeoff path to 35 feet above the takeoff surface must be determined by a continuous demonstrated takeoff. (e) The takeoff path to 35 feet above the takeoff surface must be determined by synthesis from segments; and (1) The segments must be clearly defined and must be related to distinct changes in configuration, power, and speed; (2) The weight of the airplane, the configuration, and the power must be assumed constant throughout each segment and must correspond to the most critical condition prevailing in the segment; and (3) The takeoff flight path must be based on the airplane’s performance without utilizing ground effect. dwashington3 on PROD1PC60 with RULES § 23.59 Takeoff distance and takeoff run. Instead of compliance with § 23.59, the following apply: The takeoff distance and, at the option of the applicant, the takeoff run, must be determined. (a) Takeoff distance is the greater of— (1) The horizontal distance along the takeoff path from the start of the takeoff to the point at which the airplane is 35 feet above the takeoff surface as determined under § 23.57; or (2) With all engines operating, 115 percent of the horizontal distance from the start of the takeoff to the point at which the airplane is 35 feet above the takeoff surface, determined by a procedure consistent with § 23.57. (b) If the takeoff distance includes a clearway, the takeoff run is the greater of— (1) The horizontal distance along the takeoff path from the start of the takeoff to a point equidistant between the liftoff point and the point at which the airplane is 35 feet above the takeoff surface as determined under § 23.57; or (2) With all engines operating, 115 percent of the horizontal distance from the start of the takeoff to a point equidistant between the liftoff point and the point at which the airplane is 35 feet above the takeoff surface, determined by a procedure consistent with § 23.57. VerDate Aug<31>2005 14:57 Nov 26, 2008 Jkt 217001 § 23.61 Takeoff flight path. Instead of compliance with § 23.61, the following apply: The takeoff flight path must be determined as follows: (a) The takeoff flight path begins 35 feet above the takeoff surface at the end of the takeoff distance determined in accordance with § 23.59. (b) The net takeoff flight path data must be determined so that they represent the actual takeoff flight paths, as determined in accordance with § 23.57 and with paragraph (a) of this section, reduced at each point by a gradient of climb equal to 0.8 percent for two-engine airplanes. (c) The prescribed reduction in climb gradient may be applied as an equivalent reduction in acceleration along that part of the takeoff flight path at which the airplane is accelerated in level flight. § 23.63 Climb: General. Instead of compliance with § 23.63, the following apply: (a) Compliance with the requirements of §§ 23.65, 23.66, 23.67, 23.69, and 23.77 must be shown— (1) Out of ground effect; and (2) At speeds that are not less than those at which compliance with the powerplant cooling requirements of §§ 23.1041 to 23.1047 has been demonstrated; and (3) Unless otherwise specified, with one engine inoperative, at a bank angle not exceeding 5 degrees. (b) Not applicable. (c) Not applicable. (d) Compliance must be shown at weights as a function of airport altitude and ambient temperature within the operational limits established for takeoff and landing, respectively, with— (1) Sections 23.67(c)(1), 23.67(c)(2), and 23.67(c)(3) for takeoff; and (2) Sections 23.67(c)(3), 23.67(c)(4), and 23.77(c) for landing. § 23.66 Takeoff climb: One-engine inoperative. Instead of compliance with § 23.66, see § 23.67. § 23.67 Climb: One engine inoperative. Instead of compliance with § 23.67, the following apply: (a) Not applicable. (b) Not applicable. (c) The following apply: (1) Takeoff; landing gear extended. The steady gradient of climb at the altitude of the takeoff surface must be measurably positive for two-engine airplanes with— (i) The critical engine inoperative and its propeller in the position it rapidly and automatically assumes; PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 (ii) The remaining engine(s) at takeoff power; (iii) The landing gear extended, and all landing gear doors open; (iv) The wing flaps in the takeoff position(s); (v) The wings level; and (vi) A climb speed equal to V2. (2) Takeoff; landing gear retracted. The steady gradient of climb at an altitude of 400 feet above the takeoff surface must be not less than 2.0 percent of two-engine airplanes with— (i) The critical engine inoperative and its propeller in the position it rapidly and automatically assumes; (ii) The remaining engine(s) at takeoff power; (iii) The landing gear retracted; (iv) The wing flaps in the takeoff position(s); (v) A climb speed equal to V2. (3) En route. The steady gradient of climb at an altitude of 1,500 feet above the takeoff or landing surface, as appropriate, must be not less than 1.2 percent for two-engine airplanes with— (i) The critical engine inoperative and its propeller in the minimum drag position; (ii) The remaining engine(s) at not more than maximum continuous power; (iii) The landing gear retracted; (iv) The wing flaps retracted; and (v) A climb speed not less than 1.2 VS1. (4) Discontinued approach. The steady gradient of climb at an altitude of 400 feet above the landing surface must be not less than 2.1 percent for two-engine airplanes with— (i) The critical engine inoperative and its propeller in the minimum drag position; (ii) The remaining engine(s) at takeoff power; (iii) Landing gear retracted; (iv) Wing flaps in the approach position(s) in which VS1 for these position(s) does not exceed 110 percent of the VS1 for the related all-enginesoperated landing position(s); and (v) A climb speed established in connection with normal landing procedures but not exceeding 1.5 VS1. § 23.73 speed. Reference landing approach Instead of compliance with § 23.73, the following apply: (a) Not applicable. (b) Not applicable. (c) The reference landing approach speed, VREF, must not be less than the greater of 1.05 VMC, determined in § 23.149(c), and 1.3 VSO. § 23.75 Landing distance. Instead of compliance with § 23.75, the following apply: E:\FR\FM\28NOR1.SGM 28NOR1 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Rules and Regulations The horizontal distance necessary to land and come to a complete stop from a point 50 feet above the landing surface must be determined, for standard temperatures at each weight and altitude within the operational limits established for landing, as follows: (a) A steady approach at not less than VREF, determined in accordance with § 23.73(c) must be maintained down to the 50 foot height and— (1) The steady approach must be at a gradient of descent not greater than 5.2 percent (3 degrees) down to the 50-foot height. (2) In addition, an applicant may demonstrate by tests that a maximum steady approach gradient steeper than 5.2 percent, down to the 50-foot height, is safe. The gradient must be established as an operating limitation and the information necessary to display the gradient must be available to the pilot by an appropriate instrument. (b) A constant configuration must be maintained throughout the maneuver. (c) The landing must be made without excessive vertical acceleration or tendency to bounce, nose over, ground loop, porpoise, or water loop. (d) It must be shown that a safe transition to the balked landing conditions of § 23.77 can be made from the conditions that exist at the 50 foot height, at maximum landing weight, or at the maximum landing weight for altitude and temperature of § 23.63(d)(2). (e) The brakes must be used so as to not cause excessive wear of brakes or tires. (f) Retardation means other than wheel brakes may be used if that means— (1) Is safe and reliable; and (2) Is used so that consistent results can be expected in service. (g) If any device is used that depends on the operation of any engine, and the landing distance would be increased when a landing is made with that engine inoperative, the landing distance must be determined with that engine inoperative unless the use of other compensating means will result in a landing distance not more than that with each engine operating. dwashington3 on PROD1PC60 with RULES § 23.77 Balked landing. Instead of compliance with § 23.77, the following apply: (a) Not applicable. (b) Not applicable. (c) Each airplane must be able to maintain a steady gradient of climb of at least 3.2 percent with— (1) Not more than the power that is available on each engine eight seconds after initiation of movement of the VerDate Aug<31>2005 14:57 Nov 26, 2008 Jkt 217001 power controls from the minimum flight idle position; (2) Landing gear extended; (3) Wing flaps in the landing position; and (4) A climb speed equal to VREF, as defined in § 23.73(c). § 23.177 Static directional and lateral stability. Instead of compliance with § 23.177, the following apply: (a) The static directional stability, as shown by the tendency to recover from a wings level sideslip with the rudder free, must be positive for any landing gear and flap position appropriate to the takeoff, climb, cruise, approach, and landing configurations. This must be shown with symmetrical power up to maximum continuous power, and at speeds from 1.2 VS1 up to VFE, VLE, or VFC/MFC (as appropriate). The angle of sideslip for these tests must be appropriate to the type of airplane. At larger angles of sideslip, up to that at which full rudder is used or a control force limit in § 23.143 is reached, whichever occurs first, and at speeds from 1.2 VS1 to VO, the rudder pedal force must not reverse. (b) The static lateral stability, as shown by the tendency to raise the low wing in a sideslip, must be positive for all landing gear and flap positions. This must be shown with symmetrical power up to 75 percent of maximum continuous power at speeds above 1.2 VS1 in the takeoff configuration(s) and at speeds above 1.3 VS1 in other configurations, up to VFE, VLE, or VFC/ MFC (as appropriate) for the configuration being investigated, in the takeoff, climb, cruise, and approach configurations. For the landing configuration, the power must be that necessary to maintain a 3 degree angle of descent in coordinated flight. The static lateral stability must not be negative at 1.2 VS1 in the takeoff configuration, or at 1.3 VS1 in other configurations. The angle of sideslip for these tests must be appropriate to the type of airplane, but in no case may the constant heading sideslip angle be less than that obtainable with a 10 degree bank, or if less, the maximum bank angle obtainable with full rudder deflection or 150 pound rudder force. (c) Paragraph (b) of this section does not apply to acrobatic category airplanes certificated for inverted flight. (d) In straight, steady slips at 1.2 VS1 for any landing gear and flap positions, and for any symmetrical power conditions up to 50 percent of maximum continuous power, the aileron and rudder control movements and forces must increase steadily, but PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 72307 not necessarily in constant proportion, as the angle of sideslip is increased up to the maximum appropriate to the type of airplane. At larger slip angles, up to the angle at which the full rudder or aileron control is used or a control force limit contained in § 23.143 is reached, the aileron and rudder control movements and forces must not reverse as the angle of sideslip is increased. Rapid entry into, and recovery from, a maximum sideslip considered appropriate for the airplane must not result in uncontrollable flight characteristics. § 23.201(e) Wings level stall. Instead of compliance with § 23.201(e), the following apply: (e) Compliance with the requirements of this section must be shown under the following conditions: (1) The flaps, landing gear, and speedbrakes in any likely combination of positions and altitudes appropriate for the various positions. (2) Thrust— (i) Idle; and (ii) The thrust necessary to maintain level flight at 1.6 S1 (where VS1 corresponds to the stalling speed with flaps in the approach position, the landing gear retracted, and maximum landing weight). (3) Trim at 1.4 VS1 or the minimum trim speed, whichever is higher. § 23.203(c) Turning flight and accelerated turning stalls. Instead of compliance with § 23.203(c), the following apply: (c) Compliance with the requirements of this section must be shown under the following conditions: (1) The flaps, landing gear, and speedbrakes in any likely combination of positions and altitudes appropriate for the various positions. (2) Thrust— (i) Idle; and (ii) The thrust necessary to maintain level flight at 1.6 VS1 (where VS1 corresponds to the stalling speed with flaps in the approach position, the landing gear retracted, and maximum landing weight). (3) Trim at 1.4 VS1 or the minimum trim speed, whichever is higher. § 23.251 Vibration and buffeting. Instead of compliance with § 23.251, the following apply: (a) The airplane must be demonstrated in flight to be free from any vibration and buffeting that would prevent continued safe flight in any likely operating condition. (b) Each part of the airplane must be shown in flight to be free from excessive E:\FR\FM\28NOR1.SGM 28NOR1 72308 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Rules and Regulations vibration under any appropriate speed and thrust conditions up to VDF/MDF. The maximum speeds shown must be used in establishing the operating limitations of the airplane in accordance with special condition § 23.1505. (c) Except as provided in paragraph (d) of this special condition, there may be no buffeting condition, in normal flight, including configuration changes during cruise, severe enough to interfere with the control of the airplane, to cause excessive fatigue to the crew, or to cause structural damage. Stall warning buffeting within these limits is allowable. (d) There may be no perceptible buffeting condition in the cruise configuration in straight flight at any speed up to VMO/MMO, except that stall warning buffeting is allowable. (e) With the airplane in the cruise configuration, the positive maneuvering load factors at which the onset of perceptible buffeting occurs must be determined for the ranges of airspeed or Mach number, weight, and altitude for which the airplane is to be certified. The envelopes of load factor, speed, altitude, and weight must provide a sufficient range of speeds and load factors for normal operations. Probable inadvertent excursions beyond the boundaries of the buffet onset envelopes may not result in unsafe conditions. dwashington3 on PROD1PC60 with RULES § 23.253 High speed characteristics. Instead of compliance with § 23.253, the following apply: (a) Speed increase and recovery characteristics. The following speed increase and recovery characteristics must be met: (1) Operating conditions and characteristics likely to cause inadvertent speed increases (including upsets in pitch and roll) must be simulated with the airplane trimmed at any likely cruise speed up to VMO/MMO. These conditions and characteristics include gust upsets, inadvertent control movements, low stick force gradient in relation to control friction, passenger movement, leveling off from climb, and descent from Mach to airspeed limit altitudes. (2) Allowing for pilot reaction time after effective inherent or artificial speed warning occurs, it must be shown that the airplane can be recovered to a normal attitude and its speed reduced to VMO/MMO, without: (i) Exceptional piloting strength or skill; (ii) Exceeding VD/MD, VDF/MDF, or the structural limitations; and (iii) Buffeting that would impair the pilot’s ability to read the instruments or control the airplane for recovery. VerDate Aug<31>2005 14:57 Nov 26, 2008 Jkt 217001 (3) There may be no control reversal about any axis at any speed up to VDF/ MDF. Any reversal of elevator control force or tendency of the airplane to pitch, roll, or yaw must be mild and readily controllable, using normal piloting techniques. (b) Maximum speed for stability characteristics, VFC/MFC. VFC/MFC is the maximum speed at which the requirements of § 23.175(b)(1), special condition §§ 23.177, and 23.181 must be met with flaps and landing gear retracted. It may not be less than a speed midway between VMO/MMO and VDF/ MDF except that, for altitudes where Mach number is the limiting factor, MFC need not exceed the Mach number at which effective speed warning occurs. § 23.703 Takeoff warning system. Instead of compliance with § 23.703, the following apply: Unless it can be shown that a lift or longitudinal trim device that affects the takeoff performance of the aircraft would not give an unsafe takeoff configuration when selection out of an approved takeoff position, a takeoff warning system must be installed and meet the following requirements: (a) The system must provide to the pilots an aural warning that is automatically activated during the initial portion of the takeoff roll if the airplane is in a configuration that would not allow a safe takeoff. The warning must continue until— (1) The configuration is changed to allow safe takeoff, or (2) Action is taken by the pilot to abandon the takeoff roll. (b) The means used to activate the system must function properly for all authorized takeoff power settings and procedures and throughout the ranges of takeoff weights, altitudes, and temperatures for which certification is requested. § 23.735 Brakes. In addition to paragraphs (a), (b), (c), and (d), the following apply: (e) The rejected takeoff brake kinetic energy capacity rating of each main wheel brake assembly must not be less than the kinetic energy absorption requirements determined under either of the following methods— (1) The brake kinetic energy absorption requirements must be based on a conservative rational analysis of the sequence of events expected during a rejected takeoff at the design takeoff weight. (2) Instead of a rational analysis, the kinetic energy absorption requirements for each main wheel brake assembly may be derived from the following formula— PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 KE=0.0443 WV2 / N Where: KE = Kinetic energy per wheel (ft.-lbs.); W = Design takeoff weight (lbs.); V = Ground speed, in knots, associated with the maximum value of V1 selected in accordance with § 23.51(c)(1); N = Number of main wheels with brakes. § 23.1323 Airspeed indicating system. In addition to paragraphs (a), (b), (c), and (d), the following apply: (e) In addition, the airspeed indicating system must be calibrated to determine the system error during the acceleratetakeoff ground run. The ground run calibration must be obtained between 0.8 of the minimum value of V1 and the maximum value of V2, considering the approved ranges of altitude and weight. The ground run calibration must be determined assuming an engine failure at the minimum value of V1. (f) Where duplicate airspeed indicators are required, their respective pitot tubes must be far enough apart to avoid damage to both tubes in a collision with a bird. § 23.1505 Airspeed limitations. Instead of compliance with § 23.1505, the following apply: (a) The maximum operating limit speed (VMO/MMO -airspeed or Mach number, whichever is critical at a particular altitude) is a speed that may not be deliberately exceeded in any regime of flight (climb, cruise, or descent), unless a higher speed is authorized for flight test or pilot training operations. VMO/MMO must be established so that it is not greater than the design cruising speed VC/MC and so that it is sufficiently below VD/MD or VDF/MDF, to make it highly improbable that the latter speeds will be inadvertently exceeded in operations. The speed margin between VMO/MMO and VD/MD or VDF/MDF may not be less than that determined under § 23.335(b) or found necessary in the flight test conducted under special condition § 23.253. § 23.1583 Operating limitations. Instead of compliance with § 23.1583, the following apply: The Airplane Flight Manual must contain operating limitations determined under this part 23, including the following— (a) Airspeed limitations. The following information must be furnished: (1) Information necessary for the marking of the airspeed limits on the indicator as required in § 23.1545, and the significance of each of those limits and of the color-coding used on the indicator. E:\FR\FM\28NOR1.SGM 28NOR1 dwashington3 on PROD1PC60 with RULES Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Rules and Regulations (2) The speeds VMC, VO, VLE, and VLO, if established, and their significance. (3) In addition, for turbine powered airplanes— (i) The maximum operating limit speed, VMO/MMO and a statement that this speed must not be deliberately exceeded in any regime of flight (climb, cruise or descent) unless a higher speed is authorized for flight test or pilot training; (ii) If an airspeed limitation is based upon compressibility effects, a statement to this effect and information as to any symptoms, the probable behavior of the airplane, and the recommended recovery procedures; and (iii) The airspeed limits must be shown in terms of VMO/MMO instead of VNO and VNE. (b) Powerplant limitations. The following information must be furnished: (1) Limitations required by § 23.1521. (2) Explanation of the limitations, when appropriate. (3) Information necessary for marking the instruments required by § 23.1549 through § 23.1553. (c) Weight. The airplane flight manual must include— (1) Not applicable; (2) Not applicable; (3) Not applicable; (4) The maximum takeoff weight for each airport altitude and ambient temperature within the range selected by the applicant at which— (i) The airplane complies with the climb requirements of § 23.63(d)(1); and (ii) The accelerate-stop distance determined under § 23.55 is equal to the available runway length plus the length of any stopway, if utilized; and either: (iii) The takeoff distance determined under § 23.59(a) is equal to the available runway length; or (iv) At the option of the applicant, the takeoff distance determined under § 23.59(a) is equal to the available runway length plus the length of any clearway and the takeoff run determined under § 23.59(b) is equal to the available runway length. (5) The maximum landing weight for each airport altitude within the range selected by the applicant at which— (i) The airplane complies with the climb requirements of § 23.63(d)(2) for ambient temperatures within the range selected by the applicant; and (ii) The landing distance determined under § 23.75 for standard temperatures is equal to the available runway length. (6) The maximum zero wing fuel weight, where relevant, as established in accordance with § 23.343. (d) Center of gravity. The established center of gravity limits. VerDate Aug<31>2005 14:57 Nov 26, 2008 Jkt 217001 (e) Maneuvers. The following authorized maneuvers, appropriate airspeed limitations, and unauthorized maneuvers, as prescribed in this section. (1) Not applicable. (2) Not applicable. (3) Not applicable. (4) Not applicable. (5) Maneuvers are limited to any maneuver incident to normal flying, stalls (except whip stalls), and steep turns in which the angle of bank is not more than 60 degrees. (f) Maneuver load factor. The positive limit load factors in g’s, and, in addition, the negative limit load factor for acrobatic category airplanes. (g) Minimum flight crew. The number and functions of the minimum flight crew determined under § 23.1523. (h) Kinds of operation. A list of the kinds of operation to which the airplane is limited or from which it is prohibited under § 23.1525, and also a list of installed equipment that affects any operating limitation and identification as to the equipment’s required operational status for the kinds of operation for which approval has been given. (i) Maximum operating altitude. The maximum altitude established under § 23.1527. (j) Maximum passenger seating configuration. The maximum passengerseating configuration. (k) Allowable lateral fuel loading. The maximum allowable lateral fuel loading differential, if less than the maximum possible. (l) Baggage and cargo loading. The following information for each baggage and cargo compartment or zone— (1) The maximum allowable load; and (2) The maximum intensity of loading. (m) Systems. Any limitations on the use of airplane systems and equipment. (n) Ambient temperatures. Where appropriate, maximum and minimum ambient air temperatures for operation. (o) Smoking. Any restrictions on smoking in the airplane. (p) Types of surface. A statement of the types of surface on which operations may be conducted. (See §§ 23.45(g) and 23.1587(a)(4) and (d)(4)). § 23.1585 Operating procedures. Instead of compliance with § 23.1585, the following apply: (a) For all airplanes, information concerning normal, abnormal (if applicable), and emergency procedures and other pertinent information necessary for safe operation and the achievement of the scheduled performance must be furnished, including— PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 72309 (1) An explanation of significant or unusual flight or ground handling characteristics; (2) The maximum demonstrated values of crosswind for takeoff and landing, and procedures and information pertinent to operations in crosswinds; (3) A recommended speed for flight in rough air. This speed must be chosen to protect against the occurrence, as a result of gusts, of structural damage to the airplane and loss of control (for example, stalling); (4) Procedures for restarting any turbine engine in flight, including the effects of altitude; and (5) Procedures, speeds, and configuration(s) for making a normal approach and landing, in accordance with § 23.73 and § 23.75, and a transition to the balked landing condition. (6) For seaplanes and amphibians, water handling procedures and the demonstrated wave height. (b) Not applicable. (c) In addition to paragraph (a) of this section, for all multiengine airplanes, the following information must be furnished: (1) Procedures, speeds, and configuration(s) for making an approach and landing with one engine inoperative; (2) Procedures, speeds, and configuration(s) for making a balked landing with one engine inoperative and the conditions under which a balked landing can be performed safely, or a warning against attempting a balked landing; (3) The VSSE determined in § 23.149; and (4) Procedures for restarting any engine in flight including the effects of altitude. (d) Not applicable. (e) Not applicable. (f) In addition to paragraphs (a) and (c) of this section the information must include the following: (1) Procedures, speeds, and configuration(s) for making a normal takeoff. (2) Procedures and speeds for carrying out an accelerate-stop in accordance with § 23.55. (3) Procedures and speeds for continuing a takeoff following engine failure in accordance with § 23.59(a)(1) and for following the flight path determined under § 23.57 and § 23.61(a). (g) For multiengine airplanes, information identifying each operating condition in which the fuel system independence prescribed in § 23.953 is necessary for safety must be furnished, E:\FR\FM\28NOR1.SGM 28NOR1 72310 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Rules and Regulations together with instructions for placing the fuel system in a configuration used to show compliance with that section. (h) For each airplane showing compliance with § 23.1353(g)(2) or (g)(3), the operating procedures for disconnecting the battery from its charging source must be furnished. (i) Information on the total quantity of usable fuel for each fuel tank, and the effect on the usable fuel quantity, as a result of a failure of any pump, must be furnished. (j) Procedures for the safe operation of the airplane’s systems and equipment, both in normal use and in the event of malfunction, must be furnished. dwashington3 on PROD1PC60 with RULES § 23.1587 Performance information. Instead of compliance with § 23.1587, the following apply: Unless otherwise prescribed, performance information must be provided over the altitude and temperature ranges required by § 23.45(b). (a) For all airplanes, the following information must be furnished— (1) The stalling speeds VSO and VS1 with the landing gear and wing flaps retracted, determined at maximum weight under § 23.49, and the effect on these stalling speeds of angles of bank up to 60 degrees; (2) The steady rate and gradient of climb with all engines operating, determined under § 23.69(a); (3) The landing distance, determined under § 23.75 for each airport altitude and standard temperature, and the type of surface for which it is valid; (4) The effect on landing distances of operation on other than smooth hard surfaces, when dry, determined under § 23.45(g); and (5) The effect on landing distances of runway slope and 50 percent of the headwind component and 150 percent of the tailwind component. (b) Not applicable. (c) Not applicable. (d) In addition to paragraph (a) of this section, the following information must be furnished— (1) The accelerate-stop distance determined under § 23.55; (2) The takeoff distance determined under § 23.59(a); (3) At the option of the applicant, the takeoff run determined under § 23.59(b); (4) The effect on accelerate-stop distance, takeoff distance and, if determined, takeoff run, of operation on other than smooth hard surfaces, when dry, determined under § 23.45(g); (5) The effect on accelerate-stop distance, takeoff distance, and if determined, takeoff run, of runway slope and 50 percent of the headwind VerDate Aug<31>2005 14:57 Nov 26, 2008 Jkt 217001 component and 150 percent of the tailwind component; (6) The net takeoff flight path determined under § 23.61(b); (7) The enroute gradient of climb/ descent with one engine inoperative, determined under § 23.69(b); (8) The effect, on the net takeoff flight path and on the enroute gradient of climb/descent with one engine inoperative, of 50 percent of the headwind component and 150 percent of the tailwind component; (9) Overweight landing performance information (determined by extrapolation and computed for the range of weights between the maximum landing and maximum takeoff weights) as follows— (i) The maximum weight for each airport altitude and ambient temperature at which the airplane complies with the climb requirements of § 23.63(d)(2); and (ii) The landing distance determined under § 23.75 for each airport altitude and standard temperature. (10) The relationship between IAS and CAS determined in accordance with § 23.1323(b) and (c). (11) The altimeter system calibration required by § 23.1325(e). Issued in Kansas City, Missouri, on November 18, 2008. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–28025 Filed 11–26–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–23605; Directorate Identifier 2005–NE–48–AD; Amendment 39– 15743; AD 2008–24–03] RIN 2120–AA64 Airworthiness Directives; Rolls-Royce plc Models RB211 Trent 768–60, Trent 772–60, and Trent 772B–60 Turbofan Engines Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: SUMMARY: The FAA is superseding an existing airworthiness directive (AD) for Rolls-Royce plc (RR) models RB211 Trent 768–60, Trent 772–60, and Trent 772B–60 turbofan engines that have not incorporated RR Service Bulletin (SB) PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 No. RB.211–72–E708, SB No. RB.211– 72–F227, or SB No. RB.211–72–E965, at original issue or later revision. That AD currently requires initial and repetitive borescope inspections of the highpressure/intermediate-pressure (HP/IP) turbine bearing internal oil vent tube, scavenge tube, and tube heat shields for wear and cracking, and removing tubes from service if found with any cracks beyond serviceable limits. That AD also currently requires installation of a new or modified HP/IP turbine bearings support as terminating action for the repetitive borescope inspections. This AD has the same requirements, and adds a repetitive inspection of the vent flow restrictor for blockage. This AD results from RR revising their alert service bulletin for inspection of the HP/IP turbine bearing internal oil vent tube, scavenge tube, and tube heat shields for damage, to include a repetitive inspection of the vent flow restrictor for blockage. We are issuing this AD to prevent oil ejecting from the HP/IP turbine bearings chamber and igniting. Burning oil can cause the intermediate-pressure (IP) shaft to fracture, the IP turbine to overspeed, and possible uncontained failure of the engine. DATES: Effective December 15, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of December 15, 2008. We must receive any comments on this AD by January 27, 2009. ADDRESSES: Use one of the following addresses to comment on this AD. • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Contact Rolls-Royce plc, PO Box 31, Derby, England, DE248BJ; telephone: 011–44–1332–242424; fax: 011–44– 1332–245418, for the service information identified in this AD. FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: james.lawrence@faa.gov; telephone (781) 238–7175; fax (781) 238–7199. E:\FR\FM\28NOR1.SGM 28NOR1

Agencies

[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Rules and Regulations]
[Pages 72303-72310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28025]



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Rules and Regulations
                                                Federal Register
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having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
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Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / 
Rules and Regulations

[[Page 72303]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE292; Special Conditions No. 23-232-SC]


Special Conditions: Embraer Model EMB-500 Series Airplane Special 
Conditions for Flight Performance, Flight Characteristics, and 
Operating Limitations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Embraer Model EMB-
500 series airplane. This airplane will have a novel or unusual design 
feature(s) associated with engine location, certain performance, flight 
characteristics and operating limitations necessary for this type of 
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.

DATES: The effective date of these special conditions is November 18, 
2008. We must receive your comments by December 29, 2008.

ADDRESSES: Mail two copies of your comments to: Federal Aviation 
Administration, Regional Counsel, ACE-7, Attention: Rules Docket No. 
CE292, 901 Locust, Room 506, Kansas City, Missouri 64106. You may 
deliver two copies to the Regional Counsel at the above address.
    Mark your comments: Docket No. CE292. You may inspect comments in 
the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. 
and 4 p.m.

FOR FURTHER INFORMATION CONTACT: J. Lowell Foster, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri 816-
329-4125, fax 816-329-4090.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment hereon are impracticable because 
these procedures would significantly delay issuance of the approval 
design 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 on issuance.

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 ask 
that you send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
about these special conditions. You may inspect the docket before and 
after the comment closing date. If you wish to review the docket in 
person, go to the address in the ADDRESSES section of this preamble 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    We will consider all comments we receive by the closing date for 
comments. We will consider comments filed late if it is possible to do 
so without incurring expense or delay. We may change these special 
conditions based on the comments we receive.
    If you want us to let you know we received your comments on these 
special conditions, send us a pre-addressed, stamped postcard on which 
the docket number appears. We will stamp the date on the postcard and 
mail it back to you.

Background

    On October 5, 2005, Embraer applied for a type certificate for 
their new Model, the EMB-500. The EMB-500 is an all-new, high-
performance, low wing, twin turbofan powered airplane. Design features 
include turbofan engines, aft engine location, new avionics, and 
certain performance characteristics inherent in this type of airplane 
that were not envisioned by the existing regulations.
    The EMB-500 will be a new airplane and will have the following 
significant features incorporated:
     Two Pratt & Whitney PW617F/1 turbofan engines rated at 
1,600 pounds of thrust with a Full Authority Digital Engine Control 
(FADEC) system.
     Garmin will provide a new avionics/instrumentation system, 
the G1000. This system is a state-of-the-art glass cockpit utilizing 
redundant Active Matrix Liquid Crystal Displays, featuring three 
displays.
     The aircraft's general configuration will be similar to 
other normal category jet airplanes, including a T-tail, and a low wing 
with slight leading edge wing sweep.
     The cabin will have a maximum seating configuration for 8 
passengers.
     The preliminary operational design criteria are:

------------------------------------------------------------------------
          Parameter                  Symbol                EMB-500
------------------------------------------------------------------------
Limit Speeds................  Vmo.................  275 KCAS
                              MMO.................  0.70 Mach
Max Takeoff Weight..........  ....................  9965 lb
Max Landing Weight..........  ....................  9259 lb
Max Zero Fuel Weight........  ....................  8510 lb
Flap Speeds.................  Flaps 1.............  200 KIAS
                              Flaps 2.............  160 KIAS
                              Flaps 3.............  145 KIAS

[[Page 72304]]

 
                              Flaps Full..........  145 KIAS
Landing Gear Speeds.........  VLO (Retracting)....  180 KIAS
                              VLO (Extending).....  250 KIAS
                              VLE (Extended)......  275 KIAS
Maximum Altitude............  ....................  41,000 ft
------------------------------------------------------------------------

Type Certification Basis

    Under the provisions of 14 CFR part 21, Sec.  21.17, Embraer must 
show that the EMB-500 meets the applicable provisions of part 23, as 
amended by Amendment 23-1 through 23-54 thereto. If the Administrator 
finds that the applicable airworthiness regulations (i.e., 14 CFR, part 
23) do not contain adequate or appropriate safety standards for the 
Embraer EMB-500 because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions, as appropriate, as defined in Sec.  11.19, are 
issued in accordance with Sec.  11.38, and become part of the type 
certification basis in accordance with Sec.  21.17(a)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, the special conditions would also apply to the 
other model under the provisions of Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the EMB-500 must comply with the part 23 fuel vent and 
exhaust emission requirements of 14 CFR part 34 and the part 23 noise 
certification requirements of 14 CFR part 36. The FAA must also issue a 
finding of regulatory adequacy pursuant to section 611 of Public Law 
92-574, the ``Noise Control Act of 1972.''

Novel or Unusual Design Features

    The Embraer EMB-500 will incorporate the following novel or unusual 
design features: Aft-mounted engines, certain performance and flight 
characteristics, and operating limitations necessary for this type of 
airplane.

Applicability

    As discussed above, these special conditions are applicable to the 
Embraer EMB-500 series. Should Embraer 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 under the provisions of Sec.  21.101.

Conclusion

    This action affects only certain novel or unusual design features 
on Embraer EMB-500 series airplanes. It is not a rule of general 
applicability and affects only the applicant who applied to the FAA for 
approval of these features on the airplane.
    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 on issuance. 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 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

0
The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
14 CFR 11.38 and 11.19.

The Special Conditions

    Several 14 CFR part 23 paragraphs have been replaced by or 
supplemented with special conditions. These special conditions have 
been numbered to match the 14 CFR part 23 paragraphs they replace or 
supplement. Additionally, many of the other applicable part 23 
paragraphs cross-reference paragraphs that are replaced by or 
supplemented with special conditions. It is implied that the special 
conditions associated with these paragraphs must be applied. This 
principal applies to all part 23 paragraphs that cross-reference 
paragraphs associated with 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 EMB-500 series airplanes.


Sec.  23.45  General.

    Instead of compliance with Sec.  23.45, the following apply:
    (a) Unless otherwise prescribed, the performance requirements of 
this part must be met for--
    (1) Still air and standard atmosphere; and
    (2) Ambient atmospheric conditions.
    (b) Performance data must be determined over not less than the 
following ranges of conditions--
    (1) Airport altitudes from sea level to 10,000 feet; and
    (2) Temperature from standard to 30 [deg]C above standard, or the 
maximum ambient atmospheric temperature at which compliance with the 
cooling provisions of Sec.  23.1041 to Sec.  23.1047 is shown, if 
lower.
    (c) Performance data must be determined with the cowl flaps or 
other means for controlling the engine cooling air supply in the 
position used in the cooling tests required by Sec.  23.1041 to Sec.  
23.1047.
    (d) The available propulsive thrust must correspond to engine 
power, not exceeding the approved power, less--
    (1) Installation losses; and
    (2) The power absorbed by the accessories and services appropriate 
to the particular ambient atmospheric conditions and the particular 
flight condition.
    (e) The performance, as affected by engine power or thrust, must be 
based on a relative humidity:
    (1) Of 80 percent at and below standard temperature; and
    (2) From 80 percent, at the standard temperature, varying linearly 
down to 34 percent at the standard temperature plus 50 [deg]F.
    (f) Unless otherwise prescribed, in determining the takeoff and 
landing distances, changes in the airplane's configuration, speed, and 
power must be made in accordance with procedures established by the 
applicant for operation in service. These procedures must be able to be 
executed consistently by pilots of average skill in atmospheric

[[Page 72305]]

conditions reasonably expected to be encountered in service.
    (g) The following, as applicable, must be determined on a smooth, 
dry, hard-surfaced runway--
    (1) Not applicable;
    (2) Accelerate-stop distance of Sec.  23.55;
    (3) Takeoff distance and takeoff run of Sec.  23.59; and
    (4) Landing distance of Sec.  23.75.

    Note: The effect on these distances of operation on other types 
of surfaces (for example, grass, gravel) when dry, may be determined 
or derived and these surfaces listed in the Airplane Flight Manual 
in accordance with Sec.  23.1583(p).

    (h) The following also apply:
    (1) Unless otherwise prescribed, the applicant must select the 
takeoff, enroute, approach, and landing configurations for the 
airplane.
    (2) The airplane configuration may vary with weight, altitude, and 
temperature, to the extent that they are compatible with the operating 
procedures required by paragraph (h)(3) of this section.
    (3) Unless otherwise prescribed, in determining the critical-
engine-inoperative takeoff performance, takeoff flight path, and 
accelerate-stop distance, changes in the airplane's configuration, 
speed, and power must be made in accordance with procedures established 
by the applicant for operation in service.
    (4) Procedures for the execution of discontinued approaches and 
balked landings associated with the conditions prescribed in Sec. Sec.  
23.67(c)(4) and 23.77(c) must be established.
    (5) The procedures established under paragraphs (h)(3) and (h)(4) 
of this section must--
    (i) Be able to be consistently executed by a crew of average skill 
in atmospheric conditions reasonably expected to be encountered in 
service;
    (ii) Use methods or devices that are safe and reliable; and
    (iii) Include allowance for any reasonably expected time delays in 
the execution of the procedures.


Sec.  23.51  Takeoff speeds.

    Instead of compliance with Sec.  23.51, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) The following apply:
    (l) V1 must be established in relation to VEF as 
follows:
    (i) VEF is the calibrated airspeed at which the critical 
engine is assumed to fail. VEF must be selected by the 
applicant, but it must not be less than 1.05 VMC determined 
under Sec.  23.149(b) or, at the option of the applicant, not less than 
VMCG determined under Sec.  23.149(f).
    (ii) The takeoff decision speed, V1, is the calibrated 
airspeed on the ground at which, as a result of engine failure or other 
reasons, the pilot is assumed to have made a decision to continue or 
discontinue the takeoff. The takeoff decision speed, V1, 
must be selected by the applicant but must not be less than 
VEF plus the speed gained with the critical engine 
inoperative during the time interval between the instant at which the 
critical engine is failed and the instant at which the pilot recognizes 
and reacts to the engine failure, as indicated by the pilot's 
application of the first retarding means during the accelerate-stop 
determination of Sec.  23.55.
    (2) The rotation speed, VR, in terms of calibrated 
airspeed, must be selected by the applicant and must not be less than 
the greatest of the following:
    (i) V1;
    (ii) 1.05 VMC determined under Sec.  23.149(b);
    (iii) 1.10 VS1; or
    (iv) The speed that allows attaining the initial climb-out speed, 
V2, before reaching a height of 35 feet above the takeoff 
surface in accordance with Sec.  23.57(c)(2).
    (3) For any given set of conditions, such as weight, altitude, 
temperature, and configuration, a single value of VR must be 
used to show compliance with both the one-engine-inoperative takeoff 
and all-engines-operating takeoff requirements.
    (4) The takeoff safety speed, V2, in terms of calibrated 
airspeed, must be selected by the applicant so as to allow the gradient 
of climb required in Sec.  23.67(c)(1) and (c)(2) but must not be less 
than 1.10 VMC or less than 1.20 VS1.
    (5) The one-engine-inoperative takeoff distance, using a normal 
rotation rate at a speed 5 knots less than VR, established 
in accordance with paragraph (c)(2) of this section, must be shown not 
to exceed the corresponding one-engine-inoperative takeoff distance, 
determined in accordance with Sec. Sec.  23.57 and 23.59(a)(1), using 
the established VR. The takeoff, otherwise performed in 
accordance with Sec.  23.57, must be continued safely from the point at 
which the airplane is 35 feet above the takeoff surface and at a speed 
not less than the established V2 minus 5 knots.
    (6) The applicant must show, with all engines operating, that 
marked increases in the scheduled takeoff distances, determined in 
accordance with Sec.  23.59(a)(2), do not result from over-rotation of 
the airplane or out-of-trim conditions.


Sec.  23.53  Takeoff performance.

    Instead of compliance with Sec.  23.53, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) Takeoff performance, as required by Sec. Sec.  23.55 through 
23.59, must be determined with the operating engine(s) within approved 
operating limitations.


Sec.  23.55  Accelerate-stop distance.

    Instead of compliance with Sec.  23.55, the following apply:
    The accelerate-stop distance must be determined as follows:
    (a) The accelerate-stop distance is the sum of the distances 
necessary to--
    (1) Accelerate the airplane from a standing start to VEF 
with all engines operating;
    (2) Accelerate the airplane from VEF to V1, 
assuming the critical engine fails at VEF; and
    (3) Come to a full stop from the point at which V1 is 
reached.
    (b) Means other than wheel brakes may be used to determine the 
accelerate-stop distances if that means--
    (1) Is safe and reliable;
    (2) Is used so that consistent results can be expected under normal 
operating conditions; and
    (3) Is such that exceptional skill is not required to control the 
airplane.


Sec.  23.57  Takeoff path.

    Instead of compliance with Sec.  23.57, the following apply:
    The takeoff path is as follows:
    (a) The takeoff path extends from a standing start to a point in 
the takeoff at which the airplane is 1,500 feet above the takeoff 
surface at or below which height the transition from the takeoff to the 
enroute configuration must be completed; and
    (1) The takeoff path must be based on the procedures prescribed in 
Sec.  23.45;
    (2) The airplane must be accelerated on the ground to 
VEF at which point the critical engine must be made 
inoperative and remain inoperative for the rest of the takeoff; and
    (3) After reaching VEF, the airplane must be accelerated 
to V2.
    (b) During the acceleration to speed V2, the nose gear 
may be raised off the ground at a speed not less than VR. 
However, landing gear retraction must not be initiated until the 
airplane is airborne.
    (c) During the takeoff path determination, in accordance with 
paragraphs (a) and (b) of this section--
    (1) The slope of the airborne part of the takeoff path must not be 
negative at any point;
    (2) The airplane must reach V2 before it is 35 feet 
above the takeoff surface, and must continue at a speed as close as 
practical to, but not less than V2, until it is 400 feet 
above the takeoff surface;

[[Page 72306]]

    (3) At each point along the takeoff path, starting at the point at 
which the airplane reaches 400 feet above the takeoff surface, the 
available gradient of climb must not be less than 1.2 percent for two-
engine airplanes; and
    (4) Except for gear retraction and automatic propeller feathering, 
the airplane configuration must not be changed, and no change in power 
that requires action by the pilot may be made, until the airplane is 
400 feet above the takeoff surface.
    (d) The takeoff path to 35 feet above the takeoff surface must be 
determined by a continuous demonstrated takeoff.
    (e) The takeoff path to 35 feet above the takeoff surface must be 
determined by synthesis from segments; and
    (1) The segments must be clearly defined and must be related to 
distinct changes in configuration, power, and speed;
    (2) The weight of the airplane, the configuration, and the power 
must be assumed constant throughout each segment and must correspond to 
the most critical condition prevailing in the segment; and
    (3) The takeoff flight path must be based on the airplane's 
performance without utilizing ground effect.


Sec.  23.59  Takeoff distance and takeoff run.

    Instead of compliance with Sec.  23.59, the following apply:
    The takeoff distance and, at the option of the applicant, the 
takeoff run, must be determined.
    (a) Takeoff distance is the greater of--
    (1) The horizontal distance along the takeoff path from the start 
of the takeoff to the point at which the airplane is 35 feet above the 
takeoff surface as determined under Sec.  23.57; or
    (2) With all engines operating, 115 percent of the horizontal 
distance from the start of the takeoff to the point at which the 
airplane is 35 feet above the takeoff surface, determined by a 
procedure consistent with Sec.  23.57.
    (b) If the takeoff distance includes a clearway, the takeoff run is 
the greater of--
    (1) The horizontal distance along the takeoff path from the start 
of the takeoff to a point equidistant between the liftoff point and the 
point at which the airplane is 35 feet above the takeoff surface as 
determined under Sec.  23.57; or
    (2) With all engines operating, 115 percent of the horizontal 
distance from the start of the takeoff to a point equidistant between 
the liftoff point and the point at which the airplane is 35 feet above 
the takeoff surface, determined by a procedure consistent with Sec.  
23.57.


Sec.  23.61  Takeoff flight path.

    Instead of compliance with Sec.  23.61, the following apply:
    The takeoff flight path must be determined as follows:
    (a) The takeoff flight path begins 35 feet above the takeoff 
surface at the end of the takeoff distance determined in accordance 
with Sec.  23.59.
    (b) The net takeoff flight path data must be determined so that 
they represent the actual takeoff flight paths, as determined in 
accordance with Sec.  23.57 and with paragraph (a) of this section, 
reduced at each point by a gradient of climb equal to 0.8 percent for 
two-engine airplanes.
    (c) The prescribed reduction in climb gradient may be applied as an 
equivalent reduction in acceleration along that part of the takeoff 
flight path at which the airplane is accelerated in level flight.


Sec.  23.63  Climb: General.

    Instead of compliance with Sec.  23.63, the following apply:
    (a) Compliance with the requirements of Sec. Sec.  23.65, 23.66, 
23.67, 23.69, and 23.77 must be shown--
    (1) Out of ground effect; and
    (2) At speeds that are not less than those at which compliance with 
the powerplant cooling requirements of Sec. Sec.  23.1041 to 23.1047 
has been demonstrated; and
    (3) Unless otherwise specified, with one engine inoperative, at a 
bank angle not exceeding 5 degrees.
    (b) Not applicable.
    (c) Not applicable.
    (d) Compliance must be shown at weights as a function of airport 
altitude and ambient temperature within the operational limits 
established for takeoff and landing, respectively, with--
    (1) Sections 23.67(c)(1), 23.67(c)(2), and 23.67(c)(3) for takeoff; 
and
    (2) Sections 23.67(c)(3), 23.67(c)(4), and 23.77(c) for landing.


Sec.  23.66  Takeoff climb: One-engine inoperative.

    Instead of compliance with Sec.  23.66, see Sec.  23.67.


Sec. [t x hnsp]23.67  Climb: One engine inoperative.

    Instead of compliance with Sec.  23.67, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) The following apply:
    (1) Takeoff; landing gear extended. The steady gradient of climb at 
the altitude of the takeoff surface must be measurably positive for 
two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
position it rapidly and automatically assumes;
    (ii) The remaining engine(s) at takeoff power;
    (iii) The landing gear extended, and all landing gear doors open;
    (iv) The wing flaps in the takeoff position(s);
    (v) The wings level; and
    (vi) A climb speed equal to V2.
    (2) Takeoff; landing gear retracted. The steady gradient of climb 
at an altitude of 400 feet above the takeoff surface must be not less 
than 2.0 percent of two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
position it rapidly and automatically assumes;
    (ii) The remaining engine(s) at takeoff power;
    (iii) The landing gear retracted;
    (iv) The wing flaps in the takeoff position(s);
    (v) A climb speed equal to V2.
    (3) En route. The steady gradient of climb at an altitude of 1,500 
feet above the takeoff or landing surface, as appropriate, must be not 
less than 1.2 percent for two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
minimum drag position;
    (ii) The remaining engine(s) at not more than maximum continuous 
power;
    (iii) The landing gear retracted;
    (iv) The wing flaps retracted; and
    (v) A climb speed not less than 1.2 VS1.
    (4) Discontinued approach. The steady gradient of climb at an 
altitude of 400 feet above the landing surface must be not less than 
2.1 percent for two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
minimum drag position;
    (ii) The remaining engine(s) at takeoff power;
    (iii) Landing gear retracted;
    (iv) Wing flaps in the approach position(s) in which VS1 
for these position(s) does not exceed 110 percent of the VS1 
for the related all-engines-operated landing position(s); and
    (v) A climb speed established in connection with normal landing 
procedures but not exceeding 1.5 VS1.


Sec.  23.73  Reference landing approach speed.

    Instead of compliance with Sec.  23.73, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) The reference landing approach speed, VREF, must not 
be less than the greater of 1.05 VMC, determined in Sec.  
23.149(c), and 1.3 VSO.


Sec.  23.75  Landing distance.

    Instead of compliance with Sec.  23.75, the following apply:

[[Page 72307]]

    The horizontal distance necessary to land and come to a complete 
stop from a point 50 feet above the landing surface must be determined, 
for standard temperatures at each weight and altitude within the 
operational limits established for landing, as follows:
    (a) A steady approach at not less than VREF, determined 
in accordance with Sec.  23.73(c) must be maintained down to the 50 
foot height and--
    (1) The steady approach must be at a gradient of descent not 
greater than 5.2 percent (3 degrees) down to the 50-foot height.
    (2) In addition, an applicant may demonstrate by tests that a 
maximum steady approach gradient steeper than 5.2 percent, down to the 
50-foot height, is safe. The gradient must be established as an 
operating limitation and the information necessary to display the 
gradient must be available to the pilot by an appropriate instrument.
    (b) A constant configuration must be maintained throughout the 
maneuver.
    (c) The landing must be made without excessive vertical 
acceleration or tendency to bounce, nose over, ground loop, porpoise, 
or water loop.
    (d) It must be shown that a safe transition to the balked landing 
conditions of Sec.  23.77 can be made from the conditions that exist at 
the 50 foot height, at maximum landing weight, or at the maximum 
landing weight for altitude and temperature of Sec.  23.63(d)(2).
    (e) The brakes must be used so as to not cause excessive wear of 
brakes or tires.
    (f) Retardation means other than wheel brakes may be used if that 
means--
    (1) Is safe and reliable; and
    (2) Is used so that consistent results can be expected in service.
    (g) If any device is used that depends on the operation of any 
engine, and the landing distance would be increased when a landing is 
made with that engine inoperative, the landing distance must be 
determined with that engine inoperative unless the use of other 
compensating means will result in a landing distance not more than that 
with each engine operating.


Sec.  23.77  Balked landing.

    Instead of compliance with Sec.  23.77, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) Each airplane must be able to maintain a steady gradient of 
climb of at least 3.2 percent with--
    (1) Not more than the power that is available on each engine eight 
seconds after initiation of movement of the power controls from the 
minimum flight idle position;
    (2) Landing gear extended;
    (3) Wing flaps in the landing position; and
    (4) A climb speed equal to VREF, as defined in Sec.  
23.73(c).


Sec.  23.177  Static directional and lateral stability.

    Instead of compliance with Sec.  23.177, the following apply:
    (a) The static directional stability, as shown by the tendency to 
recover from a wings level sideslip with the rudder free, must be 
positive for any landing gear and flap position appropriate to the 
takeoff, climb, cruise, approach, and landing configurations. This must 
be shown with symmetrical power up to maximum continuous power, and at 
speeds from 1.2 VS1 up to VFE, VLE, or 
VFC/MFC (as appropriate). The angle of sideslip 
for these tests must be appropriate to the type of airplane. At larger 
angles of sideslip, up to that at which full rudder is used or a 
control force limit in Sec.  23.143 is reached, whichever occurs first, 
and at speeds from 1.2 VS1 to VO, the rudder 
pedal force must not reverse.
    (b) The static lateral stability, as shown by the tendency to raise 
the low wing in a sideslip, must be positive for all landing gear and 
flap positions. This must be shown with symmetrical power up to 75 
percent of maximum continuous power at speeds above 1.2 VS1 
in the takeoff configuration(s) and at speeds above 1.3 VS1 
in other configurations, up to VFE, VLE, or 
VFC/MFC (as appropriate) for the configuration 
being investigated, in the takeoff, climb, cruise, and approach 
configurations. For the landing configuration, the power must be that 
necessary to maintain a 3 degree angle of descent in coordinated 
flight. The static lateral stability must not be negative at 1.2 
VS1 in the takeoff configuration, or at 1.3 VS1 
in other configurations. The angle of sideslip for these tests must be 
appropriate to the type of airplane, but in no case may the constant 
heading sideslip angle be less than that obtainable with a 10 degree 
bank, or if less, the maximum bank angle obtainable with full rudder 
deflection or 150 pound rudder force.
    (c) Paragraph (b) of this section does not apply to acrobatic 
category airplanes certificated for inverted flight.
    (d) In straight, steady slips at 1.2 VS1 for any landing 
gear and flap positions, and for any symmetrical power conditions up to 
50 percent of maximum continuous power, the aileron and rudder control 
movements and forces must increase steadily, but not necessarily in 
constant proportion, as the angle of sideslip is increased up to the 
maximum appropriate to the type of airplane. At larger slip angles, up 
to the angle at which the full rudder or aileron control is used or a 
control force limit contained in Sec.  23.143 is reached, the aileron 
and rudder control movements and forces must not reverse as the angle 
of sideslip is increased. Rapid entry into, and recovery from, a 
maximum sideslip considered appropriate for the airplane must not 
result in uncontrollable flight characteristics.


Sec.  23.201(e)  Wings level stall.

    Instead of compliance with Sec.  23.201(e), the following apply:
    (e) Compliance with the requirements of this section must be shown 
under the following conditions:
    (1) The flaps, landing gear, and speedbrakes in any likely 
combination of positions and altitudes appropriate for the various 
positions.
    (2) Thrust--
    (i) Idle; and
    (ii) The thrust necessary to maintain level flight at 1.6 
S1 (where VS1 corresponds to the stalling speed 
with flaps in the approach position, the landing gear retracted, and 
maximum landing weight).
    (3) Trim at 1.4 VS1 or the minimum trim speed, whichever 
is higher.


Sec.  23.203(c)  Turning flight and accelerated turning stalls.

    Instead of compliance with Sec.  23.203(c), the following apply:
    (c) Compliance with the requirements of this section must be shown 
under the following conditions:
    (1) The flaps, landing gear, and speedbrakes in any likely 
combination of positions and altitudes appropriate for the various 
positions.
    (2) Thrust--
    (i) Idle; and
    (ii) The thrust necessary to maintain level flight at 1.6 
VS1 (where VS1 corresponds to the stalling speed 
with flaps in the approach position, the landing gear retracted, and 
maximum landing weight).
    (3) Trim at 1.4 VS1 or the minimum trim speed, whichever 
is higher.


Sec.  23.251  Vibration and buffeting.

    Instead of compliance with Sec.  23.251, the following apply:
    (a) The airplane must be demonstrated in flight to be free from any 
vibration and buffeting that would prevent continued safe flight in any 
likely operating condition.
    (b) Each part of the airplane must be shown in flight to be free 
from excessive

[[Page 72308]]

vibration under any appropriate speed and thrust conditions up to 
VDF/MDF. The maximum speeds shown must be used in 
establishing the operating limitations of the airplane in accordance 
with special condition Sec.  23.1505.
    (c) Except as provided in paragraph (d) of this special condition, 
there may be no buffeting condition, in normal flight, including 
configuration changes during cruise, severe enough to interfere with 
the control of the airplane, to cause excessive fatigue to the crew, or 
to cause structural damage. Stall warning buffeting within these limits 
is allowable.
    (d) There may be no perceptible buffeting condition in the cruise 
configuration in straight flight at any speed up to VMO/
MMO, except that stall warning buffeting is allowable.
    (e) With the airplane in the cruise configuration, the positive 
maneuvering load factors at which the onset of perceptible buffeting 
occurs must be determined for the ranges of airspeed or Mach number, 
weight, and altitude for which the airplane is to be certified. The 
envelopes of load factor, speed, altitude, and weight must provide a 
sufficient range of speeds and load factors for normal operations. 
Probable inadvertent excursions beyond the boundaries of the buffet 
onset envelopes may not result in unsafe conditions.


Sec.  23.253  High speed characteristics.

    Instead of compliance with Sec.  23.253, the following apply:
    (a) Speed increase and recovery characteristics. The following 
speed increase and recovery characteristics must be met:
    (1) Operating conditions and characteristics likely to cause 
inadvertent speed increases (including upsets in pitch and roll) must 
be simulated with the airplane trimmed at any likely cruise speed up to 
VMO/MMO. These conditions and characteristics 
include gust upsets, inadvertent control movements, low stick force 
gradient in relation to control friction, passenger movement, leveling 
off from climb, and descent from Mach to airspeed limit altitudes.
    (2) Allowing for pilot reaction time after effective inherent or 
artificial speed warning occurs, it must be shown that the airplane can 
be recovered to a normal attitude and its speed reduced to 
VMO/MMO, without:
    (i) Exceptional piloting strength or skill;
    (ii) Exceeding VD/MD, VDF/
MDF, or the structural limitations; and
    (iii) Buffeting that would impair the pilot's ability to read the 
instruments or control the airplane for recovery.
    (3) There may be no control reversal about any axis at any speed up 
to VDF/MDF. Any reversal of elevator control 
force or tendency of the airplane to pitch, roll, or yaw must be mild 
and readily controllable, using normal piloting techniques.
    (b) Maximum speed for stability characteristics, VFC/
MFC. VFC/MFC is the maximum speed at 
which the requirements of Sec.  23.175(b)(1), special condition 
Sec. Sec.  23.177, and 23.181 must be met with flaps and landing gear 
retracted. It may not be less than a speed midway between 
VMO/MMO and VDF/MDF except 
that, for altitudes where Mach number is the limiting factor, 
MFC need not exceed the Mach number at which effective speed 
warning occurs.


Sec.  23.703  Takeoff warning system.

    Instead of compliance with Sec.  23.703, the following apply:
    Unless it can be shown that a lift or longitudinal trim device that 
affects the takeoff performance of the aircraft would not give an 
unsafe takeoff configuration when selection out of an approved takeoff 
position, a takeoff warning system must be installed and meet the 
following requirements:
    (a) The system must provide to the pilots an aural warning that is 
automatically activated during the initial portion of the takeoff roll 
if the airplane is in a configuration that would not allow a safe 
takeoff. The warning must continue until--
    (1) The configuration is changed to allow safe takeoff, or
    (2) Action is taken by the pilot to abandon the takeoff roll.
    (b) The means used to activate the system must function properly 
for all authorized takeoff power settings and procedures and throughout 
the ranges of takeoff weights, altitudes, and temperatures for which 
certification is requested.


Sec.  23.735  Brakes.

    In addition to paragraphs (a), (b), (c), and (d), the following 
apply:
    (e) The rejected takeoff brake kinetic energy capacity rating of 
each main wheel brake assembly must not be less than the kinetic energy 
absorption requirements determined under either of the following 
methods--
    (1) The brake kinetic energy absorption requirements must be based 
on a conservative rational analysis of the sequence of events expected 
during a rejected takeoff at the design takeoff weight.
    (2) Instead of a rational analysis, the kinetic energy absorption 
requirements for each main wheel brake assembly may be derived from the 
following formula--

KE=0.0443 WV2 / N

Where:

KE = Kinetic energy per wheel (ft.-lbs.);
W = Design takeoff weight (lbs.);
V = Ground speed, in knots, associated with the maximum value of 
V1 selected in accordance with Sec.  23.51(c)(1);
N = Number of main wheels with brakes.


Sec.  23.1323  Airspeed indicating system.

    In addition to paragraphs (a), (b), (c), and (d), the following 
apply:
    (e) In addition, the airspeed indicating system must be calibrated 
to determine the system error during the accelerate-takeoff ground run. 
The ground run calibration must be obtained between 0.8 of the minimum 
value of V1 and the maximum value of V2, 
considering the approved ranges of altitude and weight. The ground run 
calibration must be determined assuming an engine failure at the 
minimum value of V1.
    (f) Where duplicate airspeed indicators are required, their 
respective pitot tubes must be far enough apart to avoid damage to both 
tubes in a collision with a bird.


Sec.  23.1505  Airspeed limitations.

    Instead of compliance with Sec.  23.1505, the following apply:
    (a) The maximum operating limit speed (VMO/MMO -airspeed or Mach 
number, whichever is critical at a particular altitude) is a speed that 
may not be deliberately exceeded in any regime of flight (climb, 
cruise, or descent), unless a higher speed is authorized for flight 
test or pilot training operations. VMO/MMO must be established so that 
it is not greater than the design cruising speed VC/MC and so that it 
is sufficiently below VD/MD or VDF/MDF, to make it highly improbable 
that the latter speeds will be inadvertently exceeded in operations. 
The speed margin between VMO/MMO and VD/MD or VDF/MDF may not be less 
than that determined under Sec.  23.335(b) or found necessary in the 
flight test conducted under special condition Sec.  23.253.


Sec.  23.1583  Operating limitations.

    Instead of compliance with Sec.  23.1583, the following apply:
    The Airplane Flight Manual must contain operating limitations 
determined under this part 23, including the following--
    (a) Airspeed limitations. The following information must be 
furnished:
    (1) Information necessary for the marking of the airspeed limits on 
the indicator as required in Sec.  23.1545, and the significance of 
each of those limits and of the color-coding used on the indicator.

[[Page 72309]]

    (2) The speeds VMC, VO, VLE, and VLO, if established, and their 
significance.
    (3) In addition, for turbine powered airplanes--
    (i) The maximum operating limit speed, VMO/MMO and a statement that 
this speed must not be deliberately exceeded in any regime of flight 
(climb, cruise or descent) unless a higher speed is authorized for 
flight test or pilot training;
    (ii) If an airspeed limitation is based upon compressibility 
effects, a statement to this effect and information as to any symptoms, 
the probable behavior of the airplane, and the recommended recovery 
procedures; and
    (iii) The airspeed limits must be shown in terms of VMO/
MMO instead of VNO and VNE.
    (b) Powerplant limitations. The following information must be 
furnished:
    (1) Limitations required by Sec.  23.1521.
    (2) Explanation of the limitations, when appropriate.
    (3) Information necessary for marking the instruments required by 
Sec.  23.1549 through Sec.  23.1553.
    (c) Weight. The airplane flight manual must include--
    (1) Not applicable;
    (2) Not applicable;
    (3) Not applicable;
    (4) The maximum takeoff weight for each airport altitude and 
ambient temperature within the range selected by the applicant at 
which--
    (i) The airplane complies with the climb requirements of Sec.  
23.63(d)(1); and
    (ii) The accelerate-stop distance determined under Sec.  23.55 is 
equal to the available runway length plus the length of any stopway, if 
utilized; and either:
    (iii) The takeoff distance determined under Sec.  23.59(a) is equal 
to the available runway length; or
    (iv) At the option of the applicant, the takeoff distance 
determined under Sec.  23.59(a) is equal to the available runway length 
plus the length of any clearway and the takeoff run determined under 
Sec.  23.59(b) is equal to the available runway length.
    (5) The maximum landing weight for each airport altitude within the 
range selected by the applicant at which--
    (i) The airplane complies with the climb requirements of Sec.  
23.63(d)(2) for ambient temperatures within the range selected by the 
applicant; and
    (ii) The landing distance determined under Sec.  23.75 for standard 
temperatures is equal to the available runway length.
    (6) The maximum zero wing fuel weight, where relevant, as 
established in accordance with Sec.  23.343.
    (d) Center of gravity. The established center of gravity limits.
    (e) Maneuvers. The following authorized maneuvers, appropriate 
airspeed limitations, and unauthorized maneuvers, as prescribed in this 
section.
    (1) Not applicable.
    (2) Not applicable.
    (3) Not applicable.
    (4) Not applicable.
    (5) Maneuvers are limited to any maneuver incident to normal 
flying, stalls (except whip stalls), and steep turns in which the angle 
of bank is not more than 60 degrees.
    (f) Maneuver load factor. The positive limit load factors in g's, 
and, in addition, the negative limit load factor for acrobatic category 
airplanes.
    (g) Minimum flight crew. The number and functions of the minimum 
flight crew determined under Sec.  23.1523.
    (h) Kinds of operation. A list of the kinds of operation to which 
the airplane is limited or from which it is prohibited under Sec.  
23.1525, and also a list of installed equipment that affects any 
operating limitation and identification as to the equipment's required 
operational status for the kinds of operation for which approval has 
been given.
    (i) Maximum operating altitude. The maximum altitude established 
under Sec.  23.1527.
    (j) Maximum passenger seating configuration. The maximum passenger-
seating configuration.
    (k) Allowable lateral fuel loading. The maximum allowable lateral 
fuel loading differential, if less than the maximum possible.
    (l) Baggage and cargo loading. The following information for each 
baggage and cargo compartment or zone--
    (1) The maximum allowable load; and
    (2) The maximum intensity of loading.
    (m) Systems. Any limitations on the use of airplane systems and 
equipment.
    (n) Ambient temperatures. Where appropriate, maximum and minimum 
ambient air temperatures for operation.
    (o) Smoking. Any restrictions on smoking in the airplane.
    (p) Types of surface. A statement of the types of surface on which 
operations may be conducted. (See Sec. Sec.  23.45(g) and 23.1587(a)(4) 
and (d)(4)).


Sec.  23.1585  Operating procedures.

    Instead of compliance with Sec.  23.1585, the following apply:
    (a) For all airplanes, information concerning normal, abnormal (if 
applicable), and emergency procedures and other pertinent information 
necessary for safe operation and the achievement of the scheduled 
performance must be furnished, including--
    (1) An explanation of significant or unusual flight or ground 
handling characteristics;
    (2) The maximum demonstrated values of crosswind for takeoff and 
landing, and procedures and information pertinent to operations in 
crosswinds;
    (3) A recommended speed for flight in rough air. This speed must be 
chosen to protect against the occurrence, as a result of gusts, of 
structural damage to the airplane and loss of control (for example, 
stalling);
    (4) Procedures for restarting any turbine engine in flight, 
including the effects of altitude; and
    (5) Procedures, speeds, and configuration(s) for making a normal 
approach and landing, in accordance with Sec.  23.73 and Sec.  23.75, 
and a transition to the balked landing condition.
    (6) For seaplanes and amphibians, water handling procedures and the 
demonstrated wave height.
    (b) Not applicable.
    (c) In addition to paragraph (a) of this section, for all 
multiengine airplanes, the following information must be furnished:
    (1) Procedures, speeds, and configuration(s) for making an approach 
and landing with one engine inoperative;
    (2) Procedures, speeds, and configuration(s) for making a balked 
landing with one engine inoperative and the conditions under which a 
balked landing can be performed safely, or a warning against attempting 
a balked landing;
    (3) The VSSE determined in Sec.  23.149; and
    (4) Procedures for restarting any engine in flight including the 
effects of altitude.
    (d) Not applicable.
    (e) Not applicable.
    (f) In addition to paragraphs (a) and (c) of this section the 
information must include the following:
    (1) Procedures, speeds, and configuration(s) for making a normal 
takeoff.
    (2) Procedures and speeds for carrying out an accelerate-stop in 
accordance with Sec.  23.55.
    (3) Procedures and speeds for continuing a takeoff following engine 
failure in accordance with Sec.  23.59(a)(1) and for following the 
flight path determined under Sec.  23.57 and Sec.  23.61(a).
    (g) For multiengine airplanes, information identifying each 
operating condition in which the fuel system independence prescribed in 
Sec.  23.953 is necessary for safety must be furnished,

[[Page 72310]]

together with instructions for placing the fuel system in a 
configuration used to show compliance with that section.
    (h) For each airplane showing compliance with Sec.  23.1353(g)(2) 
or (g)(3), the operating procedures for disconnecting the battery from 
its charging source must be furnished.
    (i) Information on the total quantity of usable fuel for each fuel 
tank, and the effect on the usable fuel quantity, as a result of a 
failure of any pump, must be furnished.
    (j) Procedures for the safe operation of the airplane's systems and 
equipment, both in normal use and in the event of malfunction, must be 
furnished.


Sec.  23.1587  Performance information.

    Instead of compliance with Sec.  23.1587, the following apply:
    Unless otherwise prescribed, performance information must be 
provided over the altitude and temperature ranges required by Sec.  
23.45(b).
    (a) For all airplanes, the following information must be 
furnished--
    (1) The stalling speeds VSO and VS1 with the landing gear and wing 
flaps retracted, determined at maximum weight under Sec.  23.49, and 
the effect on these stalling speeds of angles of bank up to 60 degrees;
    (2) The steady rate and gradient of climb with all engines 
operating, determined under Sec.  23.69(a);
    (3) The landing distance, determined under Sec.  23.75 for each 
airport altitude and standard temperature, and the type of surface for 
which it is valid;
    (4) The effect on landing distances of operation on other than 
smooth hard surfaces, when dry, determined under Sec.  23.45(g); and
    (5) The effect on landing distances of runway slope and 50 percent 
of the headwind component and 150 percent of the tailwind component.
    (b) Not applicable.
    (c) Not applicable.
    (d) In addition to paragraph (a) of this section, the following 
information must be furnished--
    (1) The accelerate-stop distance determined under Sec.  23.55;
    (2) The takeoff distance determined under Sec.  23.59(a);
    (3) At the option of the applicant, the takeoff run determined 
under Sec.  23.59(b);
    (4) The effect on accelerate-stop distance, takeoff distance and, 
if determined, takeoff run, of operation on other than smooth hard 
surfaces, when dry, determined under Sec.  23.45(g);
    (5) The effect on accelerate-stop distance, takeoff distance, and 
if determined, takeoff run, of runway slope and 50 percent of the 
headwind component and 150 percent of the tailwind component;
    (6) The net takeoff flight path determined under Sec.  23.61(b);
    (7) The enroute gradient of climb/descent with one engine 
inoperative, determined under Sec.  23.69(b);
    (8) The effect, on the net takeoff flight path and on the enroute 
gradient of climb/descent with one engine inoperative, of 50 percent of 
the headwind component and 150 percent of the tailwind component;
    (9) Overweight landing performance information (determined by 
extrapolation and computed for the range of weights between the maximum 
landing and maximum takeoff weights) as follows--
    (i) The maximum weight for each airport altitude and ambient 
temperature at which the airplane complies with the climb requirements 
of Sec.  23.63(d)(2); and
    (ii) The landing distance determined under Sec.  23.75 for each 
airport altitude and standard temperature.
    (10) The relationship between IAS and CAS determined in accordance 
with Sec.  23.1323(b) and (c).
    (11) The altimeter system calibration required by Sec.  23.1325(e).

    Issued in Kansas City, Missouri, on November 18, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-28025 Filed 11-26-08; 8:45 am]
BILLING CODE 4910-13-P