Special Conditions: Gulfstream Aerospace Corporation, Model GVI Airplane; Windshield Coating in Lieu of Wipers, 71865-71867 [2011-29909]
Download as PDF
71865
Rules and Regulations
Federal Register
Vol. 76, No. 224
Monday, November 21, 2011
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2011–1280; Special
Conditions No. 25–452–SC]
Special Conditions: Gulfstream
Aerospace Corporation, Model GVI
Airplane; Windshield Coating in Lieu of
Wipers
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
This special condition is
issued for the Gulfstream Aerospace
Corporation Model GVI airplane. This
airplane will have a novel or unusual
design feature(s) associated with the use
of a hydrophobic windshield coating,
rather than windshield wipers, as the
means to maintain a clear portion of the
windshield during precipitation
conditions, as required by the
airworthiness standards for transport
category airplanes. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: The effective date of these
special conditions is November 14,
2011. We must receive your comments
by January 5, 2012.
ADDRESSES: Send comments identified
by docket number FAA–2011–1280
using any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
wreier-aviles on DSK3TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:20 Nov 18, 2011
Jkt 226001
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC between
8 a.m. and 5 p.m., Monday through
Friday, except federal holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov/,
including any personal information the
commenter provides. Using the search
function of the docket Web site, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478),
as well as at https://DocketsInfo.dot.
gov/.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC between 9 a.m. and 5 p.m., Monday
through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: Paul
Bernado, Airplane and Flight Crew
Interface Branch, ANM–111, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington 98057–3356;
telephone (425) 227–1209; facsimile
(425) 227–1320.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice of, and
opportunity for prior public comment
on, these special conditions are
impracticable because these procedures
would significantly delay issuance of
the design approval 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
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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 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 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 acknowledge receipt
of your comments on these special
conditions, include with your
comments a self-addressed, stamped
postcard on which you have written the
docket number. We will stamp the date
on the postcard and mail it back to you.
Background
On March 29, 2005, Gulfstream
Aerospace Corporation (GAC) applied
for an FAA type certificate for its new
Model GVI passenger airplane (hereafter
referred to as ‘‘the GVI’’ airplane). On
September 28, 2006, GAC re-applied for
the GVI type certificate in order to
adhere to the application effectivity
established by Title 14, Code of Federal
Regulations (14 CFR) 21.17(c), and on
July 31, 2011, GAC requested an
extension of application in accordance
with § 21.17(d)(2). The FAA concurred
with this request and established a new
effective application date of September
18, 2007. The GVI airplane will be an
all-new, two-engine jet transport
airplane. The maximum takeoff weight
will be 99,600 pounds, with a maximum
passenger count of 19 passengers.
E:\FR\FM\21NOR1.SGM
21NOR1
71866
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Rules and Regulations
Type Certification Basis
Under the provisions of 14 CFR 21.17,
GAC must show that the GVI meets the
applicable provisions of 14 CFR part 25,
as amended by Amendments 25–1
through 25–120, 25–122, 25–124, and
25–132 thereto. If the Administrator
finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not
contain adequate or appropriate safety
standards for the GVI because of a novel
or unusual design feature, special
conditions are prescribed under the
provisions of § 21.16.
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 features, the special conditions
would also apply to the other model.
In addition to complying with the
applicable airworthiness regulations
and special conditions, the GVI 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. The
FAA must also issue a finding of
regulatory adequacy pursuant to section
611 of Public Law 92–574, the ‘‘Noise
Control Act of 1972.’’
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.17(a)(2).
Novel or Unusual Design Features
The GVI flightdeck design
incorporates a hydrophobic windshield
coating to provide adequate pilot
compartment view in the presence of
precipitation. Sole reliance on such a
coating, without windshield wipers or a
windshield blower, constitutes a novel
or unusual design feature for which the
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards. Therefore, special
conditions are required that provide the
level of safety equivalent to that
established by the regulations.
wreier-aviles on DSK3TPTVN1PROD with RULES
Discussion
Section 25.773(b)(1) of 14 CFR
requires a means to maintain a clear
portion of the windshield for both pilots
to have a sufficiently extensive view
along the flight path during
precipitation conditions. The
regulations require this means to
maintain such an area during
precipitation in heavy rain at speeds up
to 1.5 VSR1. The existing regulations
cover technologies that primarily
account for increased airflow and
VerDate Mar<15>2010
15:20 Nov 18, 2011
Jkt 226001
precipitation rates as limiting
conditions. For example, as airflow and
precipitation rates increase, the
effectiveness of windshield wipers to
maintain an area of clear vision
normally degrades as airflow and
precipitation rates increase. It is
assumed that because high speeds and
high precipitation rates represent
limiting conditions for windshield
wipers, they will also be effective at
lower speeds and precipitation levels.
Accordingly, § 25.773(b)(1)(i) does not
require maintenance of a clear area of
forward vision at lower speeds or lower
precipitation rates. A forced air stream
blown over the windshield has also
been used to maintain an area of clear
vision in precipitation. The limiting
conditions for this technology are
comparable to those for windshield
wipers. Accordingly, introduction of
this technology did not require special
conditions to maintain the level of
safety embodied in the existing
regulations.
However, the heavy rain and highspeed conditions specified in the
current rule do not necessarily represent
the limiting conditions for hydrophobic
windshield coatings, which may depend
to some degree on airflow over the
windscreen to maintain a clear vision
area. For example, in low-speed flight or
during surface operations, airflow over
the windshield may not be adequate to
maintain a sufficiently clear area of the
windshield. Additionally, during such
critical times as during final approach
where the airplane is at a higher-thannormal pitch attitude, airflow over the
windshield may be disturbed. In these
cases, areas of airflow disturbance or
separation on the windshield could
cause failure to maintain a clear vision
area on the windshield.
In addition to airflow, the
effectiveness of hydrophobic coatings
may also be affected by the size of
precipitation. In some cases, the
properties of the coating may not be
sufficient to provide a clear area of
vision during precipitation in the form
of light mist.
The heavy rain and high-speed
conditions specified in the current rule
do not necessarily represent the limiting
condition for this new technology. For
example, airflow over the windshield,
which may be necessary to remove
moisture from the windshield, may not
be adequate to maintain a sufficiently
clear area of the windshield in lowspeed flight or during surface
operations. Alternatively, airflow over
the windshield may be disturbed during
such critical times as the approach to
land, where the airplane is at a higherthan-normal pitch attitude. In these
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
cases, areas of airflow disturbance or
separation on the windshield could
cause failure to maintain a clear-vision
area on the windshield.
In summary, the current regulations
identify speed and precipitation rate
requirements that represent limiting
conditions for windshield wipers and
blowers, but not for hydrophobic
coatings, so it is necessary to issue
special conditions to maintain the level
of safety represented by the current
regulations.
Applicability
As discussed above, these special
conditions are applicable to the GVI.
Should GAC 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 the GVI.
It is not a rule of general applicability.
The substance of these special
conditions has been subjected to the
notice and comment period in several
prior instances and has been derived
without substantive change from those
previously issued. It is unlikely that
prior public comment would result in a
significant change from the substance
contained herein. Therefore, because a
delay would significantly affect the
certification of the airplane, which is
imminent, the FAA has determined that
prior public notice and comment are
unnecessary and impracticable, and
good cause exists for adopting these
special conditions upon issuance. The
FAA is requesting comments to allow
interested persons to submit views that
may not have been submitted in
response to the prior opportunities for
comment described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for GAC GVI
airplanes.
E:\FR\FM\21NOR1.SGM
21NOR1
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Rules and Regulations
Pilot Compartment View—Hydrophobic
Coatings in Lieu of Windshield Wipers
The airplane must have a means to
maintain a clear portion of the
windshield, during precipitation
conditions, enough for both pilots to
have a sufficiently extensive view along
the ground or flight path in normal taxi
and flight attitudes of the airplane. This
means must be designed to function,
without continuous attention on the
part of the crew, in conditions from
light misting precipitation to heavy rain
at speeds from fully stopped in still air,
to 1.5 VSR1 with lift and drag devices
retracted.
Issued in Renton, Washington, on
November 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 110930606–1640–01]
RIN 0694–AF40
Addition of Certain Persons to the
Entity List; and Implementation of
Entity List Annual Review Changes
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule amends the Export
Administration Regulations (EAR) by
adding fourteen persons under twentyone entries to the Entity List. The
persons who are added to the Entity List
have been determined by the U.S.
Government to be acting contrary to the
national security or foreign policy
interests of the United States. These
persons will be listed on the Entity List
under the following four destinations:
Afghanistan, China, Hong Kong, and
Pakistan.
In addition, this rule amends the EAR
to implement modifications to the
Entity List on the basis of the annual
review of the Entity List conducted by
the End-User Review Committee (ERC),
which the ERC conducts to determine if
any entries on the Entity List should be
removed or modified. This rule
implements the results of the annual
review for entities located in Canada.
The Entity List provides notice to the
public that certain exports, reexports,
and transfers (in-country) to entities
wreier-aviles on DSK3TPTVN1PROD with RULES
VerDate Mar<15>2010
15:20 Nov 18, 2011
Jkt 226001
Effective Date: This rule is
effective November 21, 2011.
DATES:
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the
Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Fax: (202) 482–
3911, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
[FR Doc. 2011–29909 Filed 11–18–11; 8:45 am]
SUMMARY:
identified on the Entity List require a
license from the Bureau of Industry and
Security and that availability of license
exceptions in such transactions is
limited.
The Entity List (Supplement No. 4 to
Part 744) provides notice to the public
that certain exports, reexports, and
transfers (in-country) to entities
identified on the Entity List require a
license from the Bureau of Industry and
Security (BIS) and that the availability
of license exceptions in such
transactions is limited. Entities are
placed on the Entity List on the basis of
certain sections of part 744 (Control
Policy: End-User and End-Use Based) of
the EAR.
The ERC, composed of representatives
of the Departments of Commerce
(Chair), State, Defense, Energy and,
when appropriate, the Treasury, makes
all decisions regarding additions to,
removals from or other modifications to
the Entity List. The ERC makes all
decisions to add an entry to the Entity
List by majority vote and all decisions
to remove or modify an entry by
unanimous vote.
ERC Entity List Decisions
This rule implements decisions of the
ERC to add persons to the Entity List
and modify existing entries based on the
annual review of the Entity List. These
changes are described under Additions
to the Entity List and Annual Review of
the Entity List below.
Additions to the Entity List
This rule implements the decision of
the ERC to add fourteen persons under
twenty-one entries to the Entity List on
the basis of § 744.11 (License
requirements that apply to entities
acting contrary to the national security
or foreign policy interests of the United
States) of the EAR. The twenty-one
entries added to the Entity List consist
of eleven entries in Afghanistan, one in
the People’s Republic of China (China),
one in Hong Kong, and eight in
Pakistan. Seven of the twenty-one
entries cover additional addresses of
persons being added to the Entity List—
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
71867
these persons are being listed under
multiple countries to account for
alternate addresses. Specifically, these
seven additional entries cover six
persons in Afghanistan who also have
addresses in Pakistan (resulting in six
additional entries for the Pakistani
addresses) and one person in China who
also has an address in Hong Kong
(resulting in one additional entry for the
Hong Kong address).
The ERC reviewed § 744.11(b)
(Criteria for revising the Entity List) in
making the determination to add these
persons to the Entity List. Under that
paragraph, persons for which there is
reasonable cause to believe, based on
specific and articulable facts, that the
persons have been involved, are
involved, or pose a significant risk of
being or becoming involved in,
activities that are contrary to the
national security or foreign policy
interests of the United States and those
acting on behalf of such persons may be
added to the Entity List pursuant to
§ 744.11. Paragraphs (b)(1)–(b)(5) of
§ 44.11 include an illustrative list of
activities that could be contrary to the
national security or foreign policy
interests of the United States. Thirteen
of the fourteen persons are believed to
have been involved in activities
described under paragraphs (b)(1) and
(b)(2) of § 744.11. Specifically, the
thirteen persons in Afghanistan and
Pakistan are being added to the Entity
List on the basis of their provision of
material support to persons engaged
against U.S. and Coalition forces in
Afghanistan.
Additionally, the U.S. Government
has reasons to believe that one person
in China, who will also be listed under
an alternate address in Hong Kong, has
been involved in activities described
under paragraph (b)(5) of § 744.11.
Specifically, the person in China has
obtained items subject to the EAR
without the required EAR
authorizations. BIS believes that the
activities of all fourteen of these persons
are contrary to U.S. national security
and foreign policy interests.
For the fourteen persons added to the
Entity List under twenty-one entries, the
ERC specifies a license requirement for
all items subject to the EAR and
establishes a license application review
policy of a presumption of denial. The
license requirement applies to any
transaction in which items are to be
exported, reexported, or transferred (incountry) to such persons or in which
such persons act as purchaser,
intermediate consignee, ultimate
consignee, or end-user. In addition, no
license exceptions are available for
exports, reexports, or transfers (in-
E:\FR\FM\21NOR1.SGM
21NOR1
Agencies
[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Rules and Regulations]
[Pages 71865-71867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29909]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 /
Rules and Regulations
[[Page 71865]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2011-1280; Special Conditions No. 25-452-SC]
Special Conditions: Gulfstream Aerospace Corporation, Model GVI
Airplane; Windshield Coating in Lieu of Wipers
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: This special condition is issued for the Gulfstream Aerospace
Corporation Model GVI airplane. This airplane will have a novel or
unusual design feature(s) associated with the use of a hydrophobic
windshield coating, rather than windshield wipers, as the means to
maintain a clear portion of the windshield during precipitation
conditions, as required by the airworthiness standards for transport
category airplanes. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.
DATES: The effective date of these special conditions is November 14,
2011. We must receive your comments by January 5, 2012.
ADDRESSES: Send comments identified by docket number FAA-2011-1280
using any of the following methods:
Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC between 8 a.m. and 5 p.m., Monday
through Friday, except federal holidays.
Fax: Fax comments to Docket Operations at (202) 493-2251.
Privacy: The FAA will post all comments it receives, without
change, to https://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at https://DocketsInfo.dot.gov/ gov/.
Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays.
FOR FURTHER INFORMATION CONTACT: Paul Bernado, Airplane and Flight Crew
Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone (425) 227-1209; facsimile (425) 227-1320.
SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval 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 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 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 acknowledge receipt of your comments on these
special conditions, include with your comments a self-addressed,
stamped postcard on which you have written the docket number. We will
stamp the date on the postcard and mail it back to you.
Background
On March 29, 2005, Gulfstream Aerospace Corporation (GAC) applied
for an FAA type certificate for its new Model GVI passenger airplane
(hereafter referred to as ``the GVI'' airplane). On September 28, 2006,
GAC re-applied for the GVI type certificate in order to adhere to the
application effectivity established by Title 14, Code of Federal
Regulations (14 CFR) 21.17(c), and on July 31, 2011, GAC requested an
extension of application in accordance with Sec. 21.17(d)(2). The FAA
concurred with this request and established a new effective application
date of September 18, 2007. The GVI airplane will be an all-new, two-
engine jet transport airplane. The maximum takeoff weight will be
99,600 pounds, with a maximum passenger count of 19 passengers.
[[Page 71866]]
Type Certification Basis
Under the provisions of 14 CFR 21.17, GAC must show that the GVI
meets the applicable provisions of 14 CFR part 25, as amended by
Amendments 25-1 through 25-120, 25-122, 25-124, and 25-132 thereto. If
the Administrator finds that the applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain adequate or appropriate safety
standards for the GVI because of a novel or unusual design feature,
special conditions are prescribed under the provisions of Sec. 21.16.
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 features, the special conditions would also apply to the
other model.
In addition to complying with the applicable airworthiness
regulations and special conditions, the GVI 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. The FAA must also issue a
finding of regulatory adequacy pursuant to section 611 of Public Law
92-574, the ``Noise Control Act of 1972.''
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.17(a)(2).
Novel or Unusual Design Features
The GVI flightdeck design incorporates a hydrophobic windshield
coating to provide adequate pilot compartment view in the presence of
precipitation. Sole reliance on such a coating, without windshield
wipers or a windshield blower, constitutes a novel or unusual design
feature for which the applicable airworthiness regulations do not
contain adequate or appropriate safety standards. Therefore, special
conditions are required that provide the level of safety equivalent to
that established by the regulations.
Discussion
Section 25.773(b)(1) of 14 CFR requires a means to maintain a clear
portion of the windshield for both pilots to have a sufficiently
extensive view along the flight path during precipitation conditions.
The regulations require this means to maintain such an area during
precipitation in heavy rain at speeds up to 1.5 VSR1. The
existing regulations cover technologies that primarily account for
increased airflow and precipitation rates as limiting conditions. For
example, as airflow and precipitation rates increase, the effectiveness
of windshield wipers to maintain an area of clear vision normally
degrades as airflow and precipitation rates increase. It is assumed
that because high speeds and high precipitation rates represent
limiting conditions for windshield wipers, they will also be effective
at lower speeds and precipitation levels. Accordingly, Sec.
25.773(b)(1)(i) does not require maintenance of a clear area of forward
vision at lower speeds or lower precipitation rates. A forced air
stream blown over the windshield has also been used to maintain an area
of clear vision in precipitation. The limiting conditions for this
technology are comparable to those for windshield wipers. Accordingly,
introduction of this technology did not require special conditions to
maintain the level of safety embodied in the existing regulations.
However, the heavy rain and high-speed conditions specified in the
current rule do not necessarily represent the limiting conditions for
hydrophobic windshield coatings, which may depend to some degree on
airflow over the windscreen to maintain a clear vision area. For
example, in low-speed flight or during surface operations, airflow over
the windshield may not be adequate to maintain a sufficiently clear
area of the windshield. Additionally, during such critical times as
during final approach where the airplane is at a higher-than-normal
pitch attitude, airflow over the windshield may be disturbed. In these
cases, areas of airflow disturbance or separation on the windshield
could cause failure to maintain a clear vision area on the windshield.
In addition to airflow, the effectiveness of hydrophobic coatings
may also be affected by the size of precipitation. In some cases, the
properties of the coating may not be sufficient to provide a clear area
of vision during precipitation in the form of light mist.
The heavy rain and high-speed conditions specified in the current
rule do not necessarily represent the limiting condition for this new
technology. For example, airflow over the windshield, which may be
necessary to remove moisture from the windshield, may not be adequate
to maintain a sufficiently clear area of the windshield in low-speed
flight or during surface operations. Alternatively, airflow over the
windshield may be disturbed during such critical times as the approach
to land, where the airplane is at a higher-than-normal pitch attitude.
In these cases, areas of airflow disturbance or separation on the
windshield could cause failure to maintain a clear-vision area on the
windshield.
In summary, the current regulations identify speed and
precipitation rate requirements that represent limiting conditions for
windshield wipers and blowers, but not for hydrophobic coatings, so it
is necessary to issue special conditions to maintain the level of
safety represented by the current regulations.
Applicability
As discussed above, these special conditions are applicable to the
GVI. Should GAC 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 the GVI. It is not a rule of general applicability.
The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon issuance. The FAA is requesting comments
to allow interested persons to submit views that may not have been
submitted in response to the prior opportunities for comment described
above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for GAC GVI airplanes.
[[Page 71867]]
Pilot Compartment View--Hydrophobic Coatings in Lieu of Windshield
Wipers
The airplane must have a means to maintain a clear portion of the
windshield, during precipitation conditions, enough for both pilots to
have a sufficiently extensive view along the ground or flight path in
normal taxi and flight attitudes of the airplane. This means must be
designed to function, without continuous attention on the part of the
crew, in conditions from light misting precipitation to heavy rain at
speeds from fully stopped in still air, to 1.5 VSR1 with
lift and drag devices retracted.
Issued in Renton, Washington, on November 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-29909 Filed 11-18-11; 8:45 am]
BILLING CODE 4910-13-P