Special Conditions: Model C-27J Airplane; Interaction of Systems and Structures, 4353-4357 [E9-1327]

Download as PDF Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules safety-related functions while wearing a SCBA for several hours.’’ • Procedures should be developed to ensure control room purging is considered when the outside concentration is less than the inside concentration. NEI commented, ‘‘Although this appears to be a good practice, it can’t be credited in the operator dose analysis. The timing of purging could be critical based on the timing of the release and the release pathway. Therefore, this recommendation may not have any practical merit.’’ The petitioner stated that because of the low risk significance of being outside the control room habitability program guidelines, a plant shutdown would not be required in this condition; rather, the program could specify that timely actions should be taken to return the plant within the guidelines. If not complete within 30 days, a special report would be sent to the NRC with a justification for continued operation and a proposed schedule for meeting the guidelines. NEI commented, ‘‘This is a valid point that the industry supports.’’ The petitioner stated that as an alternative to total removal of dose guidelines from the regulations, most of his concerns could be resolved if the dose criteria were based solely on the whole body dose from noble gases that he believes is the only possible dose impact that may result in control room evacuation. NEI commented, ‘‘It is not clear that the noble gas contribution would be limiting in all cases. However, this may be the case if KI were allowed to be credited.’’ Response: These comments have been addressed in Section III of this document. V. Denial of Petition Based upon review of the petition and comments received, the NRC has determined that the conclusions upon which the petitioner relies do not substantiate a basis to eliminate the control room radiological dose acceptance criteria from current regulations as requested. For the reasons discussed previously, the Commission denies PRM–50–87. Dated at Rockville, Maryland, this 14th day of January 2009. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E9–1211 Filed 1–23–09; 8:45 am] BILLING CODE 7590–01–P VerDate Nov<24>2008 13:45 Jan 23, 2009 Jkt 217001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM398; Notice No. 25–09–01– SC] Special Conditions: Model C–27J Airplane; Interaction of Systems and Structures AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed special conditions. SUMMARY: This action proposes special conditions for the Alenia Model C–27J airplane. This airplane has novel or unusual design features when compared to the state of technology described in the airworthiness standards for transport-category airplanes. These design features include electronic flightcontrol systems. These special conditions pertain to the effects of novel or unusual design features such as effects on the structural performance of the airplane. We have issued additional special conditions for other novel or unusual design features of the C–27J. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: We must receive your comments by February 25, 2009. ADDRESSES: You must mail two copies of your comments to: Federal Aviation Administration, Transport Airplane Directorate, Attn: Rules Docket (ANM– 113), Docket No. NM398, 1601 Lind Avenue SW., Renton, Washington 98057–3356. You may deliver two copies to the Transport Airplane Directorate at the above address. You must mark your comments: Docket No. NM398. You can inspect comments in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Holly Thorson, FAA, International Branch, ANM–116, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone (425) 227–1357, facsimile (425) 227–1149. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 4353 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 concerning these special conditions. You can 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 on or before 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 the FAA to acknowledge receipt of your comments on this proposal, include with your comments a self-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 March 27, 2006, the European Aviation Safety Agency (EASA) forwarded to the FAA an application from Alenia Aeronautica of Torino, Italy, for U.S. type certification of a twin-engine commercial transport designated as the Model C–27J. The C–27J is a twin-turbopropeller, cargotransport aircraft with a maximum takeoff weight of 30,500 kilograms. Type Certification Basis Under the provisions of Section 21.17 of Title 14 Code of Federal Regulations (14 CFR) and the bilateral agreement between the U.S. and Italy, Alenia Aeronautica must show that the C–27J meets the applicable provisions of 14 CFR part 25, as amended by Amendments 25–1 through 25–87. Alenia also elects to comply with Amendment 25–122, effective September 5, 2007, for 14 CFR 25.1317. If the Administrator finds that existing airworthiness regulations do not adequately or appropriately address safety standards for the C–27J due to a novel or unusual design feature, we prescribe special conditions under provisions of 14 CFR 21.16. E:\FR\FM\26JAP1.SGM 26JAP1 4354 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules In addition to the applicable airworthiness regulations and special conditions, the C–27J must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34 and the noise-certification requirements of 14 CFR part 36, and the FAA must issue a finding of regulatory adequacy pursuant to § 611 of Public Law 92–574, the ‘‘Noise Control Act of 1972.’’ The FAA issues special conditions, under §§ 11.19 and 11.38, and they become part of the type-certification basis under § 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 or similar novel or unusual design feature, the special conditions also apply to the other model under § 21.101. Novel or Unusual Design Features The C–27J incorporates several novel or unusual design features. Because of rapid improvements in airplane technology, the existing airworthiness regulations do not adequately or appropriately address safety standards for these design features. This proposed special condition for the C–27J contains the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. This special condition was derived initially from standardized requirements developed by the Aviation Rulemaking Advisory Committee (ARAC), comprised of representatives of the FAA, Europe’s Joint Aviation Authorities (JAA, now replaced by the European Aviation Safety Agency (EASA)), and industry. From the initial proposal, the JAA proposed this special condition in Notice of Proposed Amendment (NPA) 25C–199. When Ente Nazionale per l’Aviazione Civile (ENAC) certified the C–27J they applied NPA 25C–199, issued July 3, 1997. Discussion The Alenia C–27J is equipped with systems that affect the airplane’s structural performance, either directly or as a result of failure or malfunction. That is, the airplane’s systems affect how it responds in maneuver and gust conditions, and thereby affect its structural capability. These systems may also affect the aeroelastic stability of the airplane. Such systems represent a novel and unusual feature when compared to the technology described in the current airworthiness standards. A special condition is needed to require VerDate Nov<24>2008 13:45 Jan 23, 2009 Jkt 217001 consideration of the effects of systems on the structural capability and aeroelastic stability of the airplane, in both the normal and the failed states. This special condition requires that the airplane meet the structural requirements of subparts C and D of 14 CFR part 25 when the airplane systems are fully operative. The special condition also requires that the airplane meet these requirements taking into consideration failure conditions. In some cases, reduced margins are allowed for failure conditions based on system reliability. Applicability As discussed above, these proposed special conditions are applicable to the C–27J. Should Alenia apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design features, these proposed special conditions apply to that model as well under the provisions of Sec. 21.101. Conclusion This action affects only certain novel or unusual design features of the Alenia C–27J. It is not a rule of general applicability, and it affects only the applicant that applied to the FAA for approval of these features on the airplane. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Proposed Special Conditions Accordingly, the Administrator of the Federal Aviation Administration (FAA) proposes the following special conditions as part of the typecertification basis for the C–27J. 1. General (a) The C–27J is equipped with systems that affect the airplane’s structural performance either directly or as a result of failure or malfunction. The influence of these systems and their failure conditions must be taken into account when showing compliance with requirements of subparts C and D of part 25 of Title 14 of the Code of Federal Regulations (CFR). The following criteria must be used for showing compliance with this proposed special condition for airplanes equipped with flight control systems, autopilots, stability-augmentation systems, loadalleviation systems, flutter-control systems, fuel-management systems, and PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 other systems that either directly, or as a result of failure or malfunction, affect structural performance. If this proposed special condition is used for other systems, it may be necessary to adapt the criteria to the specific system. (b) The criteria defined here address only the direct structural consequences of the system responses and performances, and cannot be considered in isolation, but should be included in the overall safety evaluation of the airplane. These criteria may, in some instances, duplicate standards already established for this evaluation. These criteria are only applicable to structure the failure of which could prevent continued safe flight and landing. Specific criteria that define acceptable limits on handling characteristics or stability requirements, when operating in the system-degraded or inoperative mode, are not provided in this special condition. (c) Depending upon the specific characteristics of the airplane, additional studies may be required, that go beyond the criteria provided in this special condition, to demonstrate the capability of the airplane to meet other realistic conditions, such as alternative gust or maneuver descriptions, for an airplane equipped with a loadalleviation system. (d) The following definitions are applicable to this special condition. Structural performance: Capability of the airplane to meet the structural requirements of 14 CFR part 25. Flight limitations: Limitations that can be applied to the airplane flight conditions following an in-flight occurrence, and that are included in the flight manual (e.g., speed limitations, avoidance of severe weather conditions, etc.). Operational limitations: Limitations, including flight limitations, that can be applied to the airplane operating conditions before dispatch (e.g., fuel, payload, and Master Minimum Equipment List limitations). Probabilistic terms: The probabilistic terms (probable, improbable, extremely improbable) used in this special condition are the same as those used in § 25.1309. Failure condition: The term ‘‘failure condition’’ here is the same as that used in § 25.1309. However, this appendix applies only to system-failure conditions that affect the structural performance of the airplane (e.g., system-failure conditions that induce loads, change the response of the airplane to variables such as gusts or pilot actions, or reduce flutter margins). E:\FR\FM\26JAP1.SGM 26JAP1 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 4355 (c) System in the failure condition. For any system-failure condition not shown to be extremely improbable, the following apply: (1) At the time of occurrence. Starting from 1-g level-flight conditions, a realistic scenario, including pilot corrective actions, must be established to determine the loads occurring at the time of failure and immediately after failure. (i) For static-strength substantiation, these loads, multiplied by an appropriate factor of safety that is related to the probability of occurrence of the failure, are ultimate loads to be considered for design. The factor of safety (F.S.) is defined in Figure 1. (ii) For residual-strength substantiation, the airplane must be able to withstand two-thirds of the ultimate loads defined in subparagraph (c)(1)(i). (iii) Freedom from aeroelastic instability must be shown up to the speeds defined in § 25.629(b)(2). For failure conditions that result in speed increases beyond VC/MC, freedom from aeroelastic instability must be shown to increased speeds, so that the margins intended by § 25.629(b)(2) are maintained. (iv) Failures of the system that result in forced structural vibrations (oscillatory failures) must not produce loads that could result in detrimental deformation of primary structure. (2) For the continuation of the flight. For the airplane in the system-failed state, and considering any appropriate reconfiguration and flight limitations, the following apply: (i) The loads derived from the following conditions at speeds up to VC/ MC, or the speed limitation prescribed for the remainder of the flight, must be determined: (A) The limit-symmetricalmaneuvering conditions specified in § 25.331 and in § 25.345. (B) The limit-gust-and-turbulence conditions specified in § 25.341 and in § 25.345. (C) The limit-rolling conditions specified in § 25.349, and the limitunsymmetrical conditions specified in § 25.367 and § 25.427(b) and (c). (D) The limit-yaw-maneuvering conditions specified in § 25.351. (E) The limit-ground-loading conditions specified in § 25.473 and § 25.491. (ii) For static-strength substantiation, each part of the structure must be able to withstand the loads in subparagraph (2)(i) of this paragraph, multiplied by a factor of safety depending on the probability of being in this failure state. The factor of safety is defined in Figure 2. VerDate Nov<24>2008 13:45 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\26JAP1.SGM 26JAP1 EP26JA09.002</GPH> (a) General. The following criteria determine the influence of a system and its failure conditions on the airplane structure. (b) System fully operative. With the system fully operative, the following apply: (1) Limit loads must be derived in all normal operating configurations of the system from all the limit conditions specified in Subpart C, taking into account any special behavior of such a system or associated functions, or any effect on the structural performance of the airplane that may occur up to the limit loads. In particular, any significant nonlinearity (rate of displacement of control surface, thresholds, or any other system nonlinearities) must be accounted for in a realistic or conservative way when deriving limit loads from limit conditions. (2) The airplane must meet the strength requirements of 14 CFR part 25 (static strength, residual strength) using the specified factors to derive ultimate loads from the limit loads defined above. The effect of nonlinearities must be investigated beyond limit conditions to ensure the behavior of the system presents no anomaly compared to the behavior below limit conditions. However, conditions beyond limit conditions need not be considered when it can be shown that the airplane has design features that will not allow it to exceed those limit conditions. (3) The airplane must meet the aeroelastic-stability requirements of § 25.629. 2. Effects of Systems on Structures Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules Note: If Pj is greater than 10¥3 per flight hour, then a 1.5 factor of safety must be V′ = Clearance speed as defined by § 25.629(b)(2). V″ = Clearance speed as defined by § 25.629(b)(1). Where: Qj = (Tj)(Pj) Tj = Average time spent in failure condition j (in hours) Pj = Probability of occurrence of failure mode j (per hour) Note: If Pj is greater than 10¥3 per flight hour, then the flutter clearance speed must not be less than V″. (vi) Freedom from aeroelastic instability must also be shown, up to V′ in Figure 3 above, for any probable system-failure condition combined with any damage required or selected for investigation by § 25.571(b). (3) Consideration of certain failure conditions may be required by other subparts of part 25 regardless of VerDate Nov<24>2008 13:45 Jan 23, 2009 Jkt 217001 applied to all limit-load conditions specified in Subpart C. (iii) For residual-strength substantiation, the airplane must be able to withstand two-thirds of the ultimate loads defined in subparagraph (c)(2)(ii). (iv) If the loads induced by the failure condition have a significant effect on fatigue or damage tolerance, then their effects must be taken into account. (v) Freedom from aeroelastic instability must be shown up to a speed determined from Figure 3. Flutterclearance speeds V′ and V″ may be based on the speed limitation specified for the remainder of the flight using the margins defined by § 25.629(b). calculated system reliability. Where analysis shows the probability of these failure conditions to be less than 10¥9, criteria other than those specified in this paragraph may be used for structural substantiation to show continued safe flight and landing. (d) Failure indications. For systemfailure detection and indication, the following apply: (1) The system must be checked for failure conditions, not extremely improbable, that degrade the structural capability below the level required by part 25, or that significantly reduce the reliability of the remaining system. To the extent practicable, these failures must be detected and annunciated to the flight crew before flight. Certain elements of the control system, such as mechanical and hydraulic components, may use special periodic inspections, and electronic components may use daily checks, in lieu of warning systems, to achieve the objective of this requirement. These certificationmaintenance requirements must be limited to components that are not readily detectable by normal warning systems, and where service history shows that inspections provide an adequate level of safety. (2) The existence of any failure condition, not extremely improbable, during flight, that could significantly affect the structural capability of the airplane and for which the associated reduction in airworthiness can be minimized by suitable flight limitations, must be signaled to the flight crew. Failure conditions that result in a factor of safety between the airplane strength and the loads of Subpart C below 1.25, PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\26JAP1.SGM 26JAP1 EP26JA09.004</GPH> Qj = (Tj)(Pj) Where: Tj = Average time spent in failure condition j (in hours) Pj = Probability of occurrence of failure mode j (per hour) EP26JA09.003</GPH> 4356 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules or flutter margins below V″, must be signaled to the crew during flight. (e) Dispatch with known failure conditions. If the airplane is to be dispatched in a known system-failure condition that affects structural performance, or affects the reliability of the remaining system to maintain structural performance, then the provisions of § 25.302 must be met for the dispatched condition and for subsequent failures. Flight limitations and expected operational limitations may be taken into account in establishing Qj as the combined probability of being in the dispatched failure condition and the subsequent failure condition for the safety margins in Figures 2 and 3. These limitations must be such that the probability of being in this combined failure state, and then subsequently encountering limitload conditions, is extremely improbable. No reduction in these safety margins is allowed if the subsequent system-failure rate is greater than 10¥3 per hour. Issued in Renton, Washington, on December 31, 2008. Linda Navarro, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–1327 Filed 1–23–09; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Chapter II [Release Nos. 33–9000, 34–59248, 39–2460, IC–28600, IA–2830; File No. S7–03–09] List of Rules To Be Reviewed Pursuant to the Regulatory Flexibility Act AGENCY: Securities and Exchange Commission. ACTION: Publication of list of rules scheduled for review. SUMMARY: The Securities and Exchange Commission is today publishing a list of rules to be reviewed pursuant to Section 610 of the Regulatory Flexibility Act. The list is published to provide the public with notice that these rules are scheduled for review by the agency and to invite public comment on them. DATES: Comments should be submitted by February 25, 2009. ADDRESSES: Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/other.shtml); or VerDate Nov<24>2008 13:45 Jan 23, 2009 Jkt 217001 • Send an e-mail to rulecomments@sec.gov. Please include File Number S7–03–09 on the subject line; or • Use the Federal eRulemaking Portal (https://www.regulations.gov). Follow the instructions for submitting comments. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File No. S7–03–09. This file number should be included on the subject line if e-mail is used. To help us process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (https:// www.sec.gov/rules/other.shtml). Comments also are available for public inspection and copying in the Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 20549 on official business days between the hours of 10 a.m. and 3 p.m. All comments received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: Anne Sullivan, Office of the General Counsel, 202–551–5019. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (‘‘RFA’’), codified at 5 U.S.C. 600–611, requires an agency to review its rules that have a significant economic impact upon a substantial number of small entities within ten years of the publication of such rules as final rules. 5 U.S.C. 610(a). The purpose of the review is ‘‘to determine whether such rules should be continued without change, or should be amended or rescinded * * * to minimize any significant economic impact of the rules upon a substantial number of such small entities.’’ 5 U.S.C. 610(a). The RFA sets forth specific considerations that must be addressed in the review of each rule: • The continued need for the rule; • The nature of complaints or comments received concerning the rule from the public; • The complexity of the rule; • The extent to which the rule overlaps, duplicates or conflicts with other federal rules, and, to the extent feasible, with state and local governmental rules; and • The length of time since the rule has been evaluated or the degree to PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 4357 which technology, economic conditions, or other factors have changed in the area affected by the rule. (5 U.S.C. 610(c)). The Securities and Exchange Commission, as a matter of policy, reviews all final rules that it published for notice and comment to assess not only their continued compliance with the RFA, but also to assess generally their continued utility.1 The list below is therefore broader than that required by the RFA, and may include rules that do not have a substantial impact on a significant number of small entities. Where the Commission has previously made a determination of a rule’s impact on small businesses, the determination is noted on the list. The Commission particularly solicits public comment on whether the rules listed below affect small businesses in new or different ways than when they were first adopted. The rules and forms listed below are scheduled for review by staff of the Commission during the next twelve months. The list includes rules from 1998, 1997, 1996 and 1995. The rules are grouped according to which Division or Office of the Commission recommended their adoption. Division of Corporation Finance Title: Plain English Disclosure. Citation: 17 CFR 230.421, 17 CFR 230.481. Authority: 15 U.S.C. 77a et seq. Description: This rule requires that issuers write the cover page, summary and risk factors sections of prospectuses in plain English. Prior Commission Determination Under 5 U.S.C. 601: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the adoption of Release No. 33–7497, which was approved by the Commission on January 28, 1998, which amended Rules 421 and 481. Comments to the proposing release and Initial Regulatory Flexibility Analysis were considered at that time. * * * * * Title: Regulation S. Citation: 17 CFR 230.900–905. Authority: 15 U.S.C. 77a et seq. Description: This rule provides a safe harbor from the term ‘‘offer’’ for certain offshore communications made by a registrant. Prior Commission Determination Under 5 U.S.C. 601: A Final Regulatory Flexibility Analysis was prepared in 1 When the Commission implemented the Act in 1980, it stated that it ‘‘intend[ed] to conduct a broader review [than that required by the RFA], with a view to identifying those rules in need of modification or even rescission.’’ Securities Act Release No. 6302 (Mar. 20, 1981), 46 FR 19251 (Mar. 30, 1981). E:\FR\FM\26JAP1.SGM 26JAP1

Agencies

[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Proposed Rules]
[Pages 4353-4357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1327]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM398; Notice No. 25-09-01-SC]


Special Conditions: Model C-27J Airplane; Interaction of Systems 
and Structures

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Alenia Model 
C-27J airplane. This airplane has novel or unusual design features when 
compared to the state of technology described in the airworthiness 
standards for transport-category airplanes. These design features 
include electronic flight-control systems. These special conditions 
pertain to the effects of novel or unusual design features such as 
effects on the structural performance of the airplane. We have issued 
additional special conditions for other novel or unusual design 
features of the C-27J.
    The applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for this design feature. These proposed 
special conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

DATES: We must receive your comments by February 25, 2009.

ADDRESSES: You must mail two copies of your comments to: Federal 
Aviation Administration, Transport Airplane Directorate, Attn: Rules 
Docket (ANM-113), Docket No. NM398, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356. You may deliver two copies to the Transport 
Airplane Directorate at the above address. You must mark your comments: 
Docket No. NM398. You can inspect comments in the Rules Docket 
weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Holly Thorson, FAA, International 
Branch, ANM-116, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 
(425) 227-1357, facsimile (425) 227-1149.

SUPPLEMENTARY INFORMATION:

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 
concerning these special conditions. You can 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 on or before 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 the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a self-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 March 27, 2006, the European Aviation Safety Agency (EASA) 
forwarded to the FAA an application from Alenia Aeronautica of Torino, 
Italy, for U.S. type certification of a twin-engine commercial 
transport designated as the Model C-27J. The C-27J is a twin-
turbopropeller, cargo-transport aircraft with a maximum takeoff weight 
of 30,500 kilograms.

Type Certification Basis

    Under the provisions of Section 21.17 of Title 14 Code of Federal 
Regulations (14 CFR) and the bilateral agreement between the U.S. and 
Italy, Alenia Aeronautica must show that the C-27J meets the applicable 
provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-
87. Alenia also elects to comply with Amendment 25-122, effective 
September 5, 2007, for 14 CFR 25.1317.
    If the Administrator finds that existing airworthiness regulations 
do not adequately or appropriately address safety standards for the C-
27J due to a novel or unusual design feature, we prescribe special 
conditions under provisions of 14 CFR 21.16.

[[Page 4354]]

    In addition to the applicable airworthiness regulations and special 
conditions, the C-27J must comply with the fuel-vent and exhaust-
emission requirements of 14 CFR part 34 and the noise-certification 
requirements of 14 CFR part 36, and the FAA must issue a finding of 
regulatory adequacy pursuant to Sec.  611 of Public Law 92-574, the 
``Noise Control Act of 1972.''
    The FAA issues special conditions, under Sec. Sec.  11.19 and 
11.38, and they become part of the type-certification basis under 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 or similar 
novel or unusual design feature, the special conditions also apply to 
the other model under Sec.  21.101.

Novel or Unusual Design Features

    The C-27J incorporates several novel or unusual design features. 
Because of rapid improvements in airplane technology, the existing 
airworthiness regulations do not adequately or appropriately address 
safety standards for these design features. This proposed special 
condition for the C-27J contains the additional safety standards that 
the Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.
    This special condition was derived initially from standardized 
requirements developed by the Aviation Rulemaking Advisory Committee 
(ARAC), comprised of representatives of the FAA, Europe's Joint 
Aviation Authorities (JAA, now replaced by the European Aviation Safety 
Agency (EASA)), and industry. From the initial proposal, the JAA 
proposed this special condition in Notice of Proposed Amendment (NPA) 
25C-199. When Ente Nazionale per l'Aviazione Civile (ENAC) certified 
the C-27J they applied NPA 25C-199, issued July 3, 1997.

Discussion

    The Alenia C-27J is equipped with systems that affect the 
airplane's structural performance, either directly or as a result of 
failure or malfunction. That is, the airplane's systems affect how it 
responds in maneuver and gust conditions, and thereby affect its 
structural capability. These systems may also affect the aeroelastic 
stability of the airplane. Such systems represent a novel and unusual 
feature when compared to the technology described in the current 
airworthiness standards. A special condition is needed to require 
consideration of the effects of systems on the structural capability 
and aeroelastic stability of the airplane, in both the normal and the 
failed states.
    This special condition requires that the airplane meet the 
structural requirements of subparts C and D of 14 CFR part 25 when the 
airplane systems are fully operative. The special condition also 
requires that the airplane meet these requirements taking into 
consideration failure conditions. In some cases, reduced margins are 
allowed for failure conditions based on system reliability.

Applicability

    As discussed above, these proposed special conditions are 
applicable to the C-27J. Should Alenia apply at a later date for a 
change to the type certificate to include another model incorporating 
the same novel or unusual design features, these proposed special 
conditions apply to that model as well under the provisions of Sec. 
21.101.

Conclusion

    This action affects only certain novel or unusual design features 
of the Alenia C-27J. It is not a rule of general applicability, and it 
affects only the applicant that applied to the FAA for approval of 
these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

    The authority citation for these special conditions is as follows:

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

The Proposed Special Conditions

    Accordingly, the Administrator of the Federal Aviation 
Administration (FAA) proposes the following special conditions as part 
of the type-certification basis for the C-27J.

1. General

    (a) The C-27J is equipped with systems that affect the airplane's 
structural performance either directly or as a result of failure or 
malfunction. The influence of these systems and their failure 
conditions must be taken into account when showing compliance with 
requirements of subparts C and D of part 25 of Title 14 of the Code of 
Federal Regulations (CFR). The following criteria must be used for 
showing compliance with this proposed special condition for airplanes 
equipped with flight control systems, autopilots, stability-
augmentation systems, load-alleviation systems, flutter-control 
systems, fuel-management systems, and other systems that either 
directly, or as a result of failure or malfunction, affect structural 
performance. If this proposed special condition is used for other 
systems, it may be necessary to adapt the criteria to the specific 
system.
    (b) The criteria defined here address only the direct structural 
consequences of the system responses and performances, and cannot be 
considered in isolation, but should be included in the overall safety 
evaluation of the airplane. These criteria may, in some instances, 
duplicate standards already established for this evaluation. These 
criteria are only applicable to structure the failure of which could 
prevent continued safe flight and landing. Specific criteria that 
define acceptable limits on handling characteristics or stability 
requirements, when operating in the system-degraded or inoperative 
mode, are not provided in this special condition.
    (c) Depending upon the specific characteristics of the airplane, 
additional studies may be required, that go beyond the criteria 
provided in this special condition, to demonstrate the capability of 
the airplane to meet other realistic conditions, such as alternative 
gust or maneuver descriptions, for an airplane equipped with a load-
alleviation system.
    (d) The following definitions are applicable to this special 
condition.
    Structural performance:
    Capability of the airplane to meet the structural requirements of 
14 CFR part 25.
    Flight limitations:
    Limitations that can be applied to the airplane flight conditions 
following an in-flight occurrence, and that are included in the flight 
manual (e.g., speed limitations, avoidance of severe weather 
conditions, etc.).
    Operational limitations:
    Limitations, including flight limitations, that can be applied to 
the airplane operating conditions before dispatch (e.g., fuel, payload, 
and Master Minimum Equipment List limitations).
    Probabilistic terms:
    The probabilistic terms (probable, improbable, extremely 
improbable) used in this special condition are the same as those used 
in Sec.  25.1309.
    Failure condition:
    The term ``failure condition'' here is the same as that used in 
Sec.  25.1309. However, this appendix applies only to system-failure 
conditions that affect the structural performance of the airplane 
(e.g., system-failure conditions that induce loads, change the response 
of the airplane to variables such as gusts or pilot actions, or reduce 
flutter margins).

[[Page 4355]]

2. Effects of Systems on Structures

    (a) General. The following criteria determine the influence of a 
system and its failure conditions on the airplane structure.
    (b) System fully operative. With the system fully operative, the 
following apply:
    (1) Limit loads must be derived in all normal operating 
configurations of the system from all the limit conditions specified in 
Subpart C, taking into account any special behavior of such a system or 
associated functions, or any effect on the structural performance of 
the airplane that may occur up to the limit loads. In particular, any 
significant nonlinearity (rate of displacement of control surface, 
thresholds, or any other system nonlinearities) must be accounted for 
in a realistic or conservative way when deriving limit loads from limit 
conditions.
    (2) The airplane must meet the strength requirements of 14 CFR part 
25 (static strength, residual strength) using the specified factors to 
derive ultimate loads from the limit loads defined above. The effect of 
nonlinearities must be investigated beyond limit conditions to ensure 
the behavior of the system presents no anomaly compared to the behavior 
below limit conditions. However, conditions beyond limit conditions 
need not be considered when it can be shown that the airplane has 
design features that will not allow it to exceed those limit 
conditions.
    (3) The airplane must meet the aeroelastic-stability requirements 
of Sec.  25.629.
    (c) System in the failure condition. For any system-failure 
condition not shown to be extremely improbable, the following apply:
    (1) At the time of occurrence. Starting from 1-g level-flight 
conditions, a realistic scenario, including pilot corrective actions, 
must be established to determine the loads occurring at the time of 
failure and immediately after failure.
    (i) For static-strength substantiation, these loads, multiplied by 
an appropriate factor of safety that is related to the probability of 
occurrence of the failure, are ultimate loads to be considered for 
design. The factor of safety (F.S.) is defined in Figure 1.
[GRAPHIC] [TIFF OMITTED] TP26JA09.002

    (ii) For residual-strength substantiation, the airplane must be 
able to withstand two-thirds of the ultimate loads defined in 
subparagraph (c)(1)(i).
    (iii) Freedom from aeroelastic instability must be shown up to the 
speeds defined in Sec.  25.629(b)(2). For failure conditions that 
result in speed increases beyond VC/MC, freedom 
from aeroelastic instability must be shown to increased speeds, so that 
the margins intended by Sec.  25.629(b)(2) are maintained.
    (iv) Failures of the system that result in forced structural 
vibrations (oscillatory failures) must not produce loads that could 
result in detrimental deformation of primary structure.
    (2) For the continuation of the flight. For the airplane in the 
system-failed state, and considering any appropriate reconfiguration 
and flight limitations, the following apply:
    (i) The loads derived from the following conditions at speeds up to 
VC/MC, or the speed limitation prescribed for the 
remainder of the flight, must be determined:
    (A) The limit-symmetrical-maneuvering conditions specified in Sec.  
25.331 and in Sec.  25.345.
    (B) The limit-gust-and-turbulence conditions specified in Sec.  
25.341 and in Sec.  25.345.
    (C) The limit-rolling conditions specified in Sec.  25.349, and the 
limit-unsymmetrical conditions specified in Sec.  25.367 and Sec.  
25.427(b) and (c).
    (D) The limit-yaw-maneuvering conditions specified in Sec.  25.351.
    (E) The limit-ground-loading conditions specified in Sec.  25.473 
and Sec.  25.491.
    (ii) For static-strength substantiation, each part of the structure 
must be able to withstand the loads in subparagraph (2)(i) of this 
paragraph, multiplied by a factor of safety depending on the 
probability of being in this failure state. The factor of safety is 
defined in Figure 2.

[[Page 4356]]

[GRAPHIC] [TIFF OMITTED] TP26JA09.003

Qj = (Tj)(Pj)

Where:

Tj = Average time spent in failure condition j (in hours)
Pj = Probability of occurrence of failure mode j (per 
hour)

    Note: If Pj is greater than 10-3 per 
flight hour, then a 1.5 factor of safety must be applied to all 
limit-load conditions specified in Subpart C.

    (iii) For residual-strength substantiation, the airplane must be 
able to withstand two-thirds of the ultimate loads defined in 
subparagraph (c)(2)(ii).
    (iv) If the loads induced by the failure condition have a 
significant effect on fatigue or damage tolerance, then their effects 
must be taken into account.
    (v) Freedom from aeroelastic instability must be shown up to a 
speed determined from Figure 3. Flutter-clearance speeds V' and V'' may 
be based on the speed limitation specified for the remainder of the 
flight using the margins defined by Sec.  25.629(b).
[GRAPHIC] [TIFF OMITTED] TP26JA09.004

V' = Clearance speed as defined by Sec.  25.629(b)(2).
V'' = Clearance speed as defined by Sec.  25.629(b)(1).

Where:

Qj = (Tj)(Pj)


Where:Tj = Average time spent in failure condition j (in 
hours)
Pj = Probability of occurrence of failure mode j (per 
hour)

    Note: If Pj is greater than 10-3 per 
flight hour, then the flutter clearance speed must not be less than 
V''.

    (vi) Freedom from aeroelastic instability must also be shown, up to 
V' in Figure 3 above, for any probable system-failure condition 
combined with any damage required or selected for investigation by 
Sec.  25.571(b).
    (3) Consideration of certain failure conditions may be required by 
other subparts of part 25 regardless of calculated system reliability. 
Where analysis shows the probability of these failure conditions to be 
less than 10-9, criteria other than those specified in this 
paragraph may be used for structural substantiation to show continued 
safe flight and landing.
    (d) Failure indications. For system-failure detection and 
indication, the following apply:
    (1) The system must be checked for failure conditions, not 
extremely improbable, that degrade the structural capability below the 
level required by part 25, or that significantly reduce the reliability 
of the remaining system. To the extent practicable, these failures must 
be detected and annunciated to the flight crew before flight. Certain 
elements of the control system, such as mechanical and hydraulic 
components, may use special periodic inspections, and electronic 
components may use daily checks, in lieu of warning systems, to achieve 
the objective of this requirement. These certification-maintenance 
requirements must be limited to components that are not readily 
detectable by normal warning systems, and where service history shows 
that inspections provide an adequate level of safety.
    (2) The existence of any failure condition, not extremely 
improbable, during flight, that could significantly affect the 
structural capability of the airplane and for which the associated 
reduction in airworthiness can be minimized by suitable flight 
limitations, must be signaled to the flight crew. Failure conditions 
that result in a factor of safety between the airplane strength and the 
loads of Subpart C below 1.25,

[[Page 4357]]

or flutter margins below V'', must be signaled to the crew during 
flight.
    (e) Dispatch with known failure conditions. If the airplane is to 
be dispatched in a known system-failure condition that affects 
structural performance, or affects the reliability of the remaining 
system to maintain structural performance, then the provisions of Sec.  
25.302 must be met for the dispatched condition and for subsequent 
failures. Flight limitations and expected operational limitations may 
be taken into account in establishing Qj as the combined 
probability of being in the dispatched failure condition and the 
subsequent failure condition for the safety margins in Figures 2 and 3. 
These limitations must be such that the probability of being in this 
combined failure state, and then subsequently encountering limit-load 
conditions, is extremely improbable. No reduction in these safety 
margins is allowed if the subsequent system-failure rate is greater 
than 10-3 per hour.

    Issued in Renton, Washington, on December 31, 2008.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-1327 Filed 1-23-09; 8:45 am]
BILLING CODE 4910-13-P
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