Special Conditions: Model C-27J Airplane; Interaction of Systems and Structures, 4353-4357 [E9-1327]
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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]
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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.
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:
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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.
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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
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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
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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).
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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.
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EP26JA09.002
(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
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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,
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EP26JA09.004
Qj = (Tj)(Pj)
Where:
Tj = Average time spent in failure condition
j (in hours)
Pj = Probability of occurrence of failure mode
j (per hour)
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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]
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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
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• 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
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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).
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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