Special Conditions: Embraer S.A., Model EMB-505; High Altitude Operations, 62474-62478 [E9-28204]
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Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Rules and Regulations
requires intergovernmental consultation
with State and local officials.
E. Federalism Summary Impact
Statement
Executive Order 13132 requires
Federal agencies to consider the impact
of their regulatory actions on State and
local governments. Where such actions
have federalism implications, agencies
are directed to provide a statement for
inclusion in the preamble to the
regulations describing the agencies’
considerations in terms of the three
categories called for under section
(6)(b)(2)(B) of Executive Order 13132.
FNS has considered the impact of this
rule on State and local governments and
has determined that this rule does not
have federalism implications. This rule
does not impose substantial or direct
compliance costs on State and local
governments. Therefore, under Section
6(b) of the Executive Order, a federalism
summary impact statement is not
required.
WReier-Aviles on DSKGBLS3C1PROD with RULES
F. Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is intended to have
preemptive effect with respect to any
State or local laws, regulations or
policies which conflict with its
provisions or which would otherwise
impede its full implementation. This
rule is not intended to have retroactive
effect. Prior to any judicial challenge to
the provisions of this rule or the
application of its provisions, all
applicable administrative procedures
must be exhausted.
G. Civil Rights Impact Analysis
FNS has reviewed this rule in
accordance with the Department
Regulation 4300–4, ‘‘Civil Rights Impact
Analysis,’’ to identify and address any
major civil rights impacts the rule might
have on minorities, women, and persons
with disabilities. After a careful review
of the rule’s intent and provisions, FNS
has determined that this rule will not in
any way limit or reduce the ability of
participants to receive the benefits of
donated foods in food distribution
programs on the basis of an individual’s
or group’s race, color, national origin,
sex, age, or disability. FNS found no
factors that would negatively and
disproportionately affect any group of
individuals.
H. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. Chap. 35; see 5 CFR 1320)
requires that the Office of Management
and Budget (OMB) approve all
collections of information by a Federal
VerDate Nov<24>2008
14:56 Nov 27, 2009
Jkt 220001
agency before they can be implemented.
Respondents are not required to respond
to any collection of information unless
it displays a current valid OMB control
number. This rule does not contain any
information collection requirements
subject to approval by OMB under the
Paperwork Reduction Act of 1995.
I. E-Government Act Compliance
FNS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
J. Good Cause Determination
This action is being finalized without
prior notice or public comment under
authority of 5 U.S.C. 553(b)(3)(A) and
(B). The language of Sections 4201(b)
and 4201(c)(2) of the Farm Bill, which
amend Sections 202A and 204(a)(1) of
the EFAA, respectively, is clear and
leaves no room for discretion.
Consequently, that language also
renders 7 CFR 251.6(b) and 7 CFR
251.8(e)(1) inconsistent with the
Sections 202A and 204(a)(1) of the
EFAA, respectively. This final rule will
bring program regulations into
compliance with the EFAA. Thus, FNS
has determined in accordance with 5
U.S.C. 553(b) that notice of proposed
rulemaking and opportunity for public
comments is unnecessary and contrary
to the public interest and, in accordance
with 5 U.S.C. 553(b), finds that good
cause exists for making this action
effective without prior public comment.
List of Subjects in 7 CFR Part 251
Food assistance programs, Grant
programs-social programs, Reporting
and recordkeeping requirements,
Surplus agricultural commodities.
■ Accordingly, 7 CFR Part 251 is
amended as follows:
PART 251—THE EMERGENCY FOOD
ASSISTANCE PROGRAM
1. The authority citation for 7 CFR
Part 251 continues to read as follows:
■
Authority: 7 U.S.C. 7501–7516.
2. Section 251.6 is amended by
revising paragraph (b) to read as follows:
■
§ 251.6
Distribution plan.
*
*
*
*
*
(b) Plan submission and amendments.
Once approved, State plans are
permanent. State agencies must submit
amendments to the distribution plan
when necessary to reflect any changes
in program operations or administration
as described in the plan, or at the
PO 00000
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request of FNS, to the appropriate FNS
Regional Office.
*
*
*
*
*
■ 3. Section 251.8 is amended by
revising paragraph 251.8(e)(1)(i) to read
as follows:
§ 251.8 Payment of funds for
administrative costs.
*
*
*
*
*
(e) * * *
(1) * * *
(i) The intrastate and interstate
transport, storing, handling,
repackaging, processing, and
distribution of commodities (including
donated wild game); except that for
interstate expenditures to be allowable,
the commodities must have been
specifically earmarked for the particular
State or eligible recipient agency which
incurs the cost;
*
*
*
*
*
Dated: November 20, 2009.
Julia Paradis,
Administrator, Food, Nutrition, and
Consumer Services.
[FR Doc. E9–28611 Filed 11–27–09; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE303; Special Conditions No.
23–243–SC]
Special Conditions: Embraer S.A.,
Model EMB–505; High Altitude
Operations
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
SUMMARY: These special conditions are
issued for the Embraer S.A. Model
EMB–505 airplane. This airplane will
have a novel or unusual design
feature(s) associated with the operation
at altitudes not previously envisioned.
The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for this
design feature. These special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES: The effective date of these
special conditions is November 12,
2009. We must receive your comments
by December 30, 2009.
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Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Rules and Regulations
Mail two copies of your
comments to: Federal Aviation
Administration, Regional Counsel,
ACE–7, Attn: Rules Docket No. CE303,
901 Locust, Kansas City, MO 64106.
You may deliver two copies to the
Regional Counsel at the above address.
Mark your comments: Docket No.
CE303. You may inspect comments in
the Rules Docket weekdays, except
Federal holidays, between 7:30 a.m. and
4 p.m.
FOR FURTHER INFORMATION CONTACT:
Leslie B. Taylor, Federal Aviation
Administration, Small Airplane
Directorate, Aircraft Certification
Service, 901 Locust, Room 301, Kansas
City, MO 64106; telephone (816) 329–
4134; facsimile (816) 329–4090.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice and
opportunity for prior public comment
hereon are impracticable because these
procedures would significantly delay
issuance of the approval design and
thus delivery of the affected aircraft. In
addition, the substance of these special
conditions has been subject to the
public comment process in several prior
instances with no substantive comments
received. The FAA therefore finds that
good cause exists for making these
special conditions effective upon
issuance.
ADDRESSES:
WReier-Aviles on DSKGBLS3C1PROD with RULES
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
about these special conditions. You may
inspect the docket before and after the
comment closing date. If you wish to
review the docket in person, go to the
address in the ADDRESSES section of this
preamble between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
We will consider all comments we
receive by the closing date for
comments. We will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change these special conditions
based on the comments we receive.
If you want us to let you know we
received your comments on these
special conditions, send us a preaddressed, stamped postcard on which
VerDate Nov<24>2008
14:56 Nov 27, 2009
Jkt 220001
the docket number appears. We will
stamp the date on the postcard and mail
it back to you.
Background
On October 9, 2006, Embraer S.A.
applied for a type certificate for their
new Model EMB–505. The EMB–505 is
a twin engine jet which has applied for
type certification in the commuter
category. As such, the airplane is
proposed to be type certificated in the
commuter category of 14 CFR part 23
(and comparable Brazilian requirements
RBHA 23) by exemption from 14 CFR
23.3(d). The EMB–505 is predominantly
of metallic construction and is a
conventionally configured low-wing
monoplane with a T-tail and tricycle
landing gear. The airplane’s maximum
takeoff weight is 17,490 pounds. The
VMO/MMO is 320 KCAS/M .78 with a
maximum operating altitude of 45,000
feet. Requested operations are day/night
VFR/IFR and icing operations.
The FAA issues high altitude special
conditions for normal, commuter and
transport category airplanes when the
certificated altitude exceeds human
physiological limits.
Damage tolerance methods are
proposed to be used to assure pressure
vessel integrity while operating at the
higher altitudes. Crack growth data is
used to prescribe an inspection program
which will detect cracks before an
opening in the pressure vessel would
allow rapid depressurization. Initial
crack sizes for detection are determined
under § 23.571, Amendment 23–55. The
cabin altitude after failure may not
exceed specified limits.
In order to ensure that there is
adequate fresh air for crewmembers to
perform their duties, to provide
reasonable passenger comfort, and to
enable occupants to better withstand the
effects of decompression at high
altitudes, the ventilation system must be
designed to provide 10 cubic feet of
fresh air per minute per person during
normal operations. Therefore, these
special conditions require that
crewmembers and passengers be
provided with 10 cubic feet of fresh air
per minute per person. In addition,
during the development of the
supersonic transport special conditions,
it was noted that certain pressurization
failures resulted in hot ram or bleed air
being used to maintain pressurization.
Such a measure can lead to cabin
temperatures that exceed human
tolerance limits following probable and
improbable failures.
Continuous flow passenger oxygen
equipment is certificated for use up to
40,000 feet; however, for rapid
decompressions above 34,000 feet,
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62475
reverse diffusion leads to low oxygen
partial pressures in the lungs, to the
extent that a small percentage of
passengers may lose useful
consciousness at 35,000 feet. The
percentage increases to an estimated 60
percent at 40,000 feet, even with the use
of the continuous flow system. To
prevent permanent physiological
damage, the cabin altitude must not
exceed 25,000 feet for more than 2
minutes, or 40,000 feet for any time
period. The maximum peak cabin
altitude of 40,000 feet is consistent with
the standards established for previous
certification programs. In addition, at
these altitudes the other aspects of
decompression sickness have a
significant, detrimental effect on pilot
performance (for example, a pilot can be
incapacitated by internal expanding
gases).
Decompression above 37,000 feet can
result in cabin altitudes that approach
the physiological limits of the average
person; therefore, every effort must be
made to provide the pilot with adequate
oxygen equipment to withstand these
severe decompressions. Reducing the
time interval between pressurization
failure and the time the pilot receives
oxygen will provide a safety margin
against being incapacitated and can be
accomplished by the use of maskmounted regulators. The special
condition therefore requires pressure
demand masks with mask-mounted
regulators for the flightcrew. This
combination of equipment will provide
the best practical protection for the
failures covered by the special
conditions and for improbable failures
not covered by the special conditions,
provided the cabin altitude is limited.
Type Certification Basis
Under the provisions of 14 CFR part
21, § 21.17, Embraer S.A. must show
that the Model EMB–505 meets the
applicable provisions of 14 CFR part 23,
as amended by Amendments 23–1
through 23–55, thereto.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 23) do not contain
adequate or appropriate safety standards
for the Model EMB–505 because of a
novel or unusual design feature, special
conditions are prescribed under the
provisions of § 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the Model EMB–505 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
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Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Rules and Regulations
adequacy under § 611 of Public Law 92–
574, the ‘‘Noise Control Act of 1972.’’
The FAA issues special conditions, as
defined in § 11.19, under § 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 novel or unusual
design feature, the special conditions
would also apply to the other model.
Novel or Unusual Design Features
The Embraer S.A. Model EMB–505
will incorporate the following novel or
unusual design features:
Operations at altitudes not envisioned
by 14 CFR part 23.
Applicability
As discussed above, these special
conditions are applicable to the Model
EMB–505. Should Embraer S.A. apply at
a later date for a change to the type
certificate to include another model
incorporating the same novel or unusual
design feature, the special conditions
would apply to that model as well.
Conclusion
This action affects only certain novel
or unusual design features on one
model, Model EMB–505, of airplane. It
is not a rule of general applicability and
affects only the applicant who applied
to the FAA for approval of these features
on the airplane.
Under standard practice, the effective
date of final special conditions would
be 30 days after the date of publication
in the Federal Register; however, as the
certification date for the Embraer S.A.
Model EMB–505 is imminent, the FAA
finds that good cause exists to make
these special conditions effective upon
issuance.
2. Ventilation
In lieu of the requirements of
§ 23.831(a), the ventilation system must
be designed to provide a sufficient
amount of uncontaminated air to enable
the crewmembers to perform their
duties without undue discomfort or
fatigue, and to provide reasonable
passenger comfort during normal
operating conditions and also in the
event of any probable failure of any
system which could adversely affect the
cabin ventilating air. For normal
operations, crewmembers and
passengers must be provided with at
least 10 cubic feet of fresh air per
minute per person, or the equivalent in
filtered, recirculated air based on the
volume and composition at the
corresponding cabin pressure altitude of
not more than 8,000 feet.
The Special Conditions
3. Air Conditioning
In addition to the requirements of
§ 23.831, paragraphs (b) through (e), the
cabin cooling system must be designed
to meet the following conditions during
flight above 15,000 feet mean sea level
(MSL):
a. After any probable failure, the cabin
temperature-time history may not
exceed the values shown in Figure 1.
b. After any improbable failure, the
cabin temperature-time history may not
exceed the values shown in Figure 2.
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for the Embraer S.A.
Model EMB–505 airplanes.
4. Pressurization
In addition to the requirements of
§ 23.841, the following apply:
a. The pressurization system, which
includes for this purpose bleed air, air
conditioning, and pressure control
List of Subjects in 14 CFR Part 23
Aircraft, Aviation safety, Signs and
symbols.
Citation
The authority citation for these
special conditions is as follows:
■
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1. Pressure Vessel Integrity
a. The maximum extent of failure and
pressure vessel opening that can be
demonstrated to comply with paragraph
4 (Pressurization) of this special
condition must be determined. It must
be demonstrated by crack propagation
and damage tolerance analysis
supported by testing that a larger
opening or a more severe failure than
demonstrated will not occur in normal
operations.
b. Inspection schedules and
procedures must be established to
ensure that cracks and normal fuselage
leak rates will not deteriorate to the
extent that an unsafe condition could
exist during normal operation.
c. For the flight evaluation of the
rapid descent, the test article must have
the cabin volume representative of what
is expected to be normal, such that
Embraer must reduce the total cabin
volume by that which would be
occupied by the furnishings and total
number of people.
Authority: 49 U.S.C. 106(g), 40113 and
44701; 14 CFR 21.16 and 21.17; and 14 CFR
11.38 and 11.19.
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14:56 Nov 27, 2009
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systems, must prevent the cabin altitude
from exceeding the cabin altitude-time
history shown in Figure 3 after each of
the following:
(1) Any probable malfunction or
failure of the pressurization system. The
existence of undetected, latent
malfunctions or failures in conjunction
with probable failures must be
considered.
(2) Any single failure in the
pressurization system combined with
the occurrence of a leak produced by a
complete loss of a door seal element, or
a fuselage leak through an opening
having an effective area 2.0 times the
effective area which produces the
maximum permissible fuselage leak rate
approved for normal operation,
whichever produces a more severe leak.
b. The cabin altitude-time history may
not exceed that shown in Figure 4 after
each of the following:
(1) The maximum pressure vessel
opening resulting from an initially
detectable crack propagating for a
period encompassing four normal
inspection intervals. Mid-panel cracks
and cracks through skin-stringer and
skin-frame combinations must be
considered.
(2) The pressure vessel opening or
duct failure resulting from probable
damage (failure effect) while under
maximum operating cabin pressure
differential due to a tire burst, engine
rotor burst, loss of antennas or stall
warning vanes, or any probable
equipment failure (bleed air, pressure
control, air conditioning, electrical
source(s), etc.) that affects
pressurization.
(3) Complete loss of thrust from all
engines.
c. In showing compliance with
paragraphs 4a and 4b of these special
conditions (Pressurization), it may be
assumed that an emergency descent is
made by an approved emergency
procedure. A 17-second crew
recognition and reaction time must be
applied between cabin altitude warning
and the initiation of an emergency
descent.
5. Oxygen Equipment and Supply
a. In addition to the requirements of
§ 23.1441(d), the following applies: A
quick-donning oxygen mask system
with a pressure-demand, mask mounted
regulator must be provided for the
flightcrew. It must be shown that each
quick-donning mask can, with one hand
and within 5 seconds, be placed on the
face from its ready position, properly
secured, sealed, and supplying oxygen
upon demand.
b. In addition to the requirements of
§ 23.1443, the following applies: A
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14:56 Nov 27, 2009
Jkt 220001
flightcrew and passengers share a
common source of oxygen, a means to
separately reserve the minimum supply
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required by the flightcrew must be
provided.
BILLING CODE 4910-13-P
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ER30NO09.005</GPH>
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continuous flow oxygen system must be
provided for each passenger.
c. In addition to the requirements of
§ 23.1445, the following applies: If the
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Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Rules and Regulations
ER30NO09.007</GPH>
Issued in Kansas City, Missouri on
November 12, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9–28204 Filed 11–27–09; 8:45 am]
BILLING CODE 4910–13–C
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ER30NO09.006</GPH>
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62478
]]>Agencies
[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Rules and Regulations]
[Pages 62474-62478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28204]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE303; Special Conditions No. 23-243-SC]
Special Conditions: Embraer S.A., Model EMB-505; High Altitude
Operations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Embraer S.A. Model
EMB-505 airplane. This airplane will have a novel or unusual design
feature(s) associated with the operation at altitudes not previously
envisioned. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.
DATES: The effective date of these special conditions is November 12,
2009. We must receive your comments by December 30, 2009.
[[Page 62475]]
ADDRESSES: Mail two copies of your comments to: Federal Aviation
Administration, Regional Counsel, ACE-7, Attn: Rules Docket No. CE303,
901 Locust, Kansas City, MO 64106. You may deliver two copies to the
Regional Counsel at the above address. Mark your comments: Docket No.
CE303. You may inspect comments in the Rules Docket weekdays, except
Federal holidays, between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Leslie B. Taylor, Federal Aviation
Administration, Small Airplane Directorate, Aircraft Certification
Service, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816)
329-4134; facsimile (816) 329-4090.
SUPPLEMENTARY INFORMATION: The FAA has determined that notice and
opportunity for prior public comment hereon are impracticable because
these procedures would significantly delay issuance of the approval
design and thus delivery of the affected aircraft. In addition, the
substance of these special conditions has been subject to the public
comment process in several prior instances with no substantive comments
received. The FAA therefore finds that good cause exists for making
these special conditions effective upon issuance.
Comments Invited
We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
about these special conditions. You may inspect the docket before and
after the comment closing date. If you wish to review the docket in
person, go to the address in the ADDRESSES section of this preamble
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
We will consider all comments we receive by the closing date for
comments. We will consider comments filed late if it is possible to do
so without incurring expense or delay. We may change these special
conditions based on the comments we receive.
If you want us to let you know we received your comments on these
special conditions, send us a pre-addressed, stamped postcard on which
the docket number appears. We will stamp the date on the postcard and
mail it back to you.
Background
On October 9, 2006, Embraer S.A. applied for a type certificate for
their new Model EMB-505. The EMB-505 is a twin engine jet which has
applied for type certification in the commuter category. As such, the
airplane is proposed to be type certificated in the commuter category
of 14 CFR part 23 (and comparable Brazilian requirements RBHA 23) by
exemption from 14 CFR 23.3(d). The EMB-505 is predominantly of metallic
construction and is a conventionally configured low-wing monoplane with
a T-tail and tricycle landing gear. The airplane's maximum takeoff
weight is 17,490 pounds. The VMO/MMO is 320 KCAS/
M .78 with a maximum operating altitude of 45,000 feet. Requested
operations are day/night VFR/IFR and icing operations.
The FAA issues high altitude special conditions for normal,
commuter and transport category airplanes when the certificated
altitude exceeds human physiological limits.
Damage tolerance methods are proposed to be used to assure pressure
vessel integrity while operating at the higher altitudes. Crack growth
data is used to prescribe an inspection program which will detect
cracks before an opening in the pressure vessel would allow rapid
depressurization. Initial crack sizes for detection are determined
under Sec. 23.571, Amendment 23-55. The cabin altitude after failure
may not exceed specified limits.
In order to ensure that there is adequate fresh air for crewmembers
to perform their duties, to provide reasonable passenger comfort, and
to enable occupants to better withstand the effects of decompression at
high altitudes, the ventilation system must be designed to provide 10
cubic feet of fresh air per minute per person during normal operations.
Therefore, these special conditions require that crewmembers and
passengers be provided with 10 cubic feet of fresh air per minute per
person. In addition, during the development of the supersonic transport
special conditions, it was noted that certain pressurization failures
resulted in hot ram or bleed air being used to maintain pressurization.
Such a measure can lead to cabin temperatures that exceed human
tolerance limits following probable and improbable failures.
Continuous flow passenger oxygen equipment is certificated for use
up to 40,000 feet; however, for rapid decompressions above 34,000 feet,
reverse diffusion leads to low oxygen partial pressures in the lungs,
to the extent that a small percentage of passengers may lose useful
consciousness at 35,000 feet. The percentage increases to an estimated
60 percent at 40,000 feet, even with the use of the continuous flow
system. To prevent permanent physiological damage, the cabin altitude
must not exceed 25,000 feet for more than 2 minutes, or 40,000 feet for
any time period. The maximum peak cabin altitude of 40,000 feet is
consistent with the standards established for previous certification
programs. In addition, at these altitudes the other aspects of
decompression sickness have a significant, detrimental effect on pilot
performance (for example, a pilot can be incapacitated by internal
expanding gases).
Decompression above 37,000 feet can result in cabin altitudes that
approach the physiological limits of the average person; therefore,
every effort must be made to provide the pilot with adequate oxygen
equipment to withstand these severe decompressions. Reducing the time
interval between pressurization failure and the time the pilot receives
oxygen will provide a safety margin against being incapacitated and can
be accomplished by the use of mask-mounted regulators. The special
condition therefore requires pressure demand masks with mask-mounted
regulators for the flightcrew. This combination of equipment will
provide the best practical protection for the failures covered by the
special conditions and for improbable failures not covered by the
special conditions, provided the cabin altitude is limited.
Type Certification Basis
Under the provisions of 14 CFR part 21, Sec. 21.17, Embraer S.A.
must show that the Model EMB-505 meets the applicable provisions of 14
CFR part 23, as amended by Amendments 23-1 through 23-55, thereto.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the Model EMB-505 because of a novel
or unusual design feature, special conditions are prescribed under the
provisions of Sec. 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-505 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
[[Page 62476]]
adequacy under Sec. 611 of Public Law 92-574, the ``Noise Control Act
of 1972.''
The FAA issues special conditions, as defined in Sec. 11.19, under
Sec. 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 novel or
unusual design feature, the special conditions would also apply to the
other model.
Novel or Unusual Design Features
The Embraer S.A. Model EMB-505 will incorporate the following novel
or unusual design features:
Operations at altitudes not envisioned by 14 CFR part 23.
Applicability
As discussed above, these special conditions are applicable to the
Model EMB-505. Should Embraer S.A. apply at a later date for a change
to the type certificate to include another model incorporating the same
novel or unusual design feature, the special conditions would apply to
that model as well.
Conclusion
This action affects only certain novel or unusual design features
on one model, Model EMB-505, of airplane. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplane.
Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register; however, as the certification date for the Embraer
S.A. Model EMB-505 is imminent, the FAA finds that good cause exists to
make these special conditions effective upon issuance.
List of Subjects in 14 CFR Part 23
Aircraft, Aviation safety, Signs and symbols.
Citation
0
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and
21.17; and 14 CFR 11.38 and 11.19.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Embraer S.A. Model EMB-505
airplanes.
1. Pressure Vessel Integrity
a. The maximum extent of failure and pressure vessel opening that
can be demonstrated to comply with paragraph 4 (Pressurization) of this
special condition must be determined. It must be demonstrated by crack
propagation and damage tolerance analysis supported by testing that a
larger opening or a more severe failure than demonstrated will not
occur in normal operations.
b. Inspection schedules and procedures must be established to
ensure that cracks and normal fuselage leak rates will not deteriorate
to the extent that an unsafe condition could exist during normal
operation.
c. For the flight evaluation of the rapid descent, the test article
must have the cabin volume representative of what is expected to be
normal, such that Embraer must reduce the total cabin volume by that
which would be occupied by the furnishings and total number of people.
2. Ventilation
In lieu of the requirements of Sec. 23.831(a), the ventilation
system must be designed to provide a sufficient amount of
uncontaminated air to enable the crewmembers to perform their duties
without undue discomfort or fatigue, and to provide reasonable
passenger comfort during normal operating conditions and also in the
event of any probable failure of any system which could adversely
affect the cabin ventilating air. For normal operations, crewmembers
and passengers must be provided with at least 10 cubic feet of fresh
air per minute per person, or the equivalent in filtered, recirculated
air based on the volume and composition at the corresponding cabin
pressure altitude of not more than 8,000 feet.
3. Air Conditioning
In addition to the requirements of Sec. 23.831, paragraphs (b)
through (e), the cabin cooling system must be designed to meet the
following conditions during flight above 15,000 feet mean sea level
(MSL):
a. After any probable failure, the cabin temperature-time history
may not exceed the values shown in Figure 1.
b. After any improbable failure, the cabin temperature-time history
may not exceed the values shown in Figure 2.
4. Pressurization
In addition to the requirements of Sec. 23.841, the following
apply:
a. The pressurization system, which includes for this purpose bleed
air, air conditioning, and pressure control systems, must prevent the
cabin altitude from exceeding the cabin altitude-time history shown in
Figure 3 after each of the following:
(1) Any probable malfunction or failure of the pressurization
system. The existence of undetected, latent malfunctions or failures in
conjunction with probable failures must be considered.
(2) Any single failure in the pressurization system combined with
the occurrence of a leak produced by a complete loss of a door seal
element, or a fuselage leak through an opening having an effective area
2.0 times the effective area which produces the maximum permissible
fuselage leak rate approved for normal operation, whichever produces a
more severe leak.
b. The cabin altitude-time history may not exceed that shown in
Figure 4 after each of the following:
(1) The maximum pressure vessel opening resulting from an initially
detectable crack propagating for a period encompassing four normal
inspection intervals. Mid-panel cracks and cracks through skin-stringer
and skin-frame combinations must be considered.
(2) The pressure vessel opening or duct failure resulting from
probable damage (failure effect) while under maximum operating cabin
pressure differential due to a tire burst, engine rotor burst, loss of
antennas or stall warning vanes, or any probable equipment failure
(bleed air, pressure control, air conditioning, electrical source(s),
etc.) that affects pressurization.
(3) Complete loss of thrust from all engines.
c. In showing compliance with paragraphs 4a and 4b of these special
conditions (Pressurization), it may be assumed that an emergency
descent is made by an approved emergency procedure. A 17-second crew
recognition and reaction time must be applied between cabin altitude
warning and the initiation of an emergency descent.
5. Oxygen Equipment and Supply
a. In addition to the requirements of Sec. 23.1441(d), the
following applies: A quick-donning oxygen mask system with a pressure-
demand, mask mounted regulator must be provided for the flightcrew. It
must be shown that each quick-donning mask can, with one hand and
within 5 seconds, be placed on the face from its ready position,
properly secured, sealed, and supplying oxygen upon demand.
b. In addition to the requirements of Sec. 23.1443, the following
applies: A
[[Page 62477]]
continuous flow oxygen system must be provided for each passenger.
c. In addition to the requirements of Sec. 23.1445, the following
applies: If the flightcrew and passengers share a common source of
oxygen, a means to separately reserve the minimum supply required by
the flightcrew must be provided.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TR30NO09.005
[[Page 62478]]
[GRAPHIC] [TIFF OMITTED] TR30NO09.006
[GRAPHIC] [TIFF OMITTED] TR30NO09.007
Issued in Kansas City, Missouri on November 12, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-28204 Filed 11-27-09; 8:45 am]
BILLING CODE 4910-13-C
