Special Conditions: Embraer S.A., Model EMB-550 Airplanes; Flight Envelope Protection: Performance Credit for Automatic Takeoff Thrust Control System (ATTCS) During Go-Around, 67309-67313 [2012-27372]
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Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Proposed Rules
conditions would also apply to the other
model under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Embraer S.A. Model
EMB–550 airplane 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 under
§ 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).
wreier-aviles on DSK5TPTVN1PROD with
Novel or Unusual Design Features
The Embraer S.A. Model EMB–550
airplane will incorporate the following
novel or unusual design features: The
Model EMB–550 airplane has a
hydrophobic coating on the windshield
to provide adequate pilot compartment
view in precipitation in lieu of
windshield wipers.
Discussion
14 CFR 25.773(b)(1) 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 requirement that the
means to maintain a clear area of
forward vision must function at high
speeds and high precipitation rates is
based on the use of windshield wipers
as the means to maintain an adequate
area of clear vision in precipitation
conditions. The requirement in 14 CFR
121.313(b), and in 14 CFR 125.213(b), to
provide ‘‘a windshield wiper or
equivalent for each pilot station’’ has
remained unchanged since at least 1953.
The effectiveness of windshield
wipers to maintain an area of clear
vision normally degrades as airspeed
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 airflow blown directly 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.
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Accordingly, introduction of this
technology did not present a need for
special conditions to maintain the level
of safety embodied in the existing
regulations.
Hydrophobic windshield coatings
may depend to some degree on airflow
directly over the windshield to maintain
a clear vision area. The heavy rain and
high-speed conditions specified in the
current rule do not necessarily represent
the limiting conditions 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
ground 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 addition to potentially depending
on airflow to function effectively,
hydrophobic coatings may also be
dependent on water droplet size for
effective precipitation removal. For
example, precipitation in the form of a
light mist may not be sufficient for the
coating’s properties to result in
maintaining a clear area of vision.
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.
These special conditions provide an
appropriate safety standard for the
hydrophobic coating technology as the
means to maintain a clear area of vision
by requiring it to be effective at low
speeds and precipitation rates as well as
the higher speeds and precipitation
rates identified in the current
regulation.
Applicability
As discussed above, these special
conditions are applicable to the Embraer
S.A. Model EMB–550 airplane. 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.
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Conclusion
This action affects only certain novel
or unusual design features on one model
of airplanes. It is not a rule of general
applicability.
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 Federal Aviation
Administration (FAA) proposes the
following special conditions as part of
the type certification basis for Embraer
S.A. Model EMB–550 airplanes.
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 flightcrew, 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, 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–27373 Filed 11–8–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2012–1199; Notice No. 25–
12–06–SC]
Special Conditions: Embraer S.A.,
Model EMB–550 Airplanes; Flight
Envelope Protection: Performance
Credit for Automatic Takeoff Thrust
Control System (ATTCS) During GoAround
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed special
conditions.
AGENCY:
This action proposes special
conditions for the Embraer S.A. Model
SUMMARY:
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Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Proposed Rules
EMB–550 airplane. This airplane will
have a novel or unusual design
feature(s) associated with the use of an
Automatic Takeoff Thrust Control
System (ATTCS) during go-around. 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: Send your comments on or
before December 24, 2012.
ADDRESSES: Send comments identified
by docket number FAA–2012–1199
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/.
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: Joe
Jacobsen, FAA, Airplane and Flight
Crew Interface Branch, ANM–111,
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Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington, 98057–3356;
telephone 425–227–2011; 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 will consider all comments we
receive on or before the closing date for
comments. We may change these special
conditions based on the comments we
receive.
Background
On May 14, 2009, Embraer S.A.
applied for a type certificate for their
new Model EMB–550 airplane. The
Model EMB–550 airplane is the first of
a new family of jet airplanes designed
for corporate flight, fractional, charter,
and private owner operations. The
aircraft has a conventional configuration
with low wing and T-tail empennage.
The primary structure is metal with
composite empennage and control
surfaces. The Model EMB–550 airplane
is designed for 8 passengers, with a
maximum of 12 passengers. It is
equipped with two Honeywell
HTF7500–E medium bypass ratio
turbofan engines mounted on aft
fuselage pylons. Each engine produces
approximately 6,540 pounds of thrust
for normal takeoff. The primary flight
controls consist of hydraulically
powered fly-by-wire elevators, ailerons
and rudder, controlled by the pilot or
copilot sidestick.
Embraer S.A. has incorporated an
ATTCS function into the engine of the
Model EMB–550 airplane. It has a full
authority digital electronic control
system architecture. Embraer S.A.
proposed allowing performance credit
for this function during go-arounds to
show compliance with the requirements
of § 25.121(d) for approach climb
performance. Since the airworthiness
requirements do not contain appropriate
safety standards for approach climb
performance using ATTCS, special
conditions are required to establish a
level of safety equivalent to that of the
regulations.
Part 25 appendix I contains standards
for use of ATTCS during takeoff. These
special conditions establish standards to
extend the use of ATTCS to the goaround phase.
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Type Certification Basis
Under the provisions of Title 14, Code
of Federal Regulations (14 CFR) 21.17,
Embraer S.A. must show that the Model
EMB–550 airplane meets the applicable
provisions of part 25, as amended by
Amendments 25–1 through 25–127
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 Model EMB–550 airplane
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 or similar novel
or unusual design feature, the special
conditions would also apply to the other
model under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Model EMB–550
airplane 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 under
§ 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 Embraer S.A. Model EMB–550
airplane has an ATTCS that is used for
both takeoff and go-around functions.
Section 25.904 and part 25 appendix
I refer to operations of ATTCS only
during takeoff. The Embraer S.A. Model
EMB–550 airplane also provides for use
of ATTCS for go-arounds. As a result, if
an engine failure occurs during a goaround, the remaining engine
automatically applies maximum goaround thrust. In addition, in the case
of an approach with one engine already
inoperative, if it is necessary to perform
a go-around, the operating engine
automatically applies maximum goaround thrust.
These special conditions are intended
to ensure that the ATTCS functions
correctly and meets expected
performance requirements during goarounds when the airplane is limited by
weight, altitude, and/or temperature
during an approach.
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Discussion
Since current airworthiness
requirements do not contain safety
standards to allow credit for ATTCS in
determining approach climb
performance, these special conditions
are required to establish a level of safety
equivalent to that of the regulations. The
definition of a critical time interval for
the approach climb case similar to the
critical time interval for takeoff defined
in part 25 appendix I is of primary
importance. During an approach climb,
it must be extremely improbable to
violate a flight path based on the climb
gradient requirement of § 25.121(d).
This climb gradient requirement implies
a minimum one-engine-inoperative
flight path capability with the airplane
in the approach configuration. The
engine may have been inoperative
before initiating the go-around, or it may
become inoperative during the goaround. The definition of the critical
time interval must consider both
possibilities.
The propulsive thrust used to
determine compliance with the
approach climb requirements of
§ 25.121(d) is limited to the lesser of:
• The thrust provided by the ATTCS,
or
• 111% of the thrust resulting from
the initial thrust setting with the ATTCS
failing to perform its uptrim function
and without action by the flightcrew to
reset thrust.
This requirement serves to limit the
adverse performance effects of a
combined engine and ATTCS failure,
and ensures adequate performance of an
all-engines-operating go-around.
Applicability
wreier-aviles on DSK5TPTVN1PROD with
As discussed above, these special
conditions are applicable to the Embraer
S.A. Model EMB–550 airplane. 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
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special conditions would apply to that
model as well.
Conclusion
This action affects only certain novel
or unusual design features on one model
of airplanes. It is not a rule of general
applicability.
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 Federal Aviation
Administration (FAA) proposes the
following special conditions as part of
the type certification basis for Embraer
S.A. Model EMB–550 airplanes.
1. The Model EMB–550 airplane must
comply with the requirements of 14 CFR
25.904 and appendix I to 14 CFR part
25 and the following requirements
pertaining to the go-around phase of
flight:
2. Definitions
a. Takeoff/go-around (TOGA): throttle
lever in takeoff or go-around position.
b. Automatic takeoff thrust control
system (ATTCS): the ATTCS in Model
EMB–550 airplanes is defined as the
entire automatic system available during
takeoff and in go-around mode,
including all devices, both mechanical
and electrical, that sense engine failure,
transmit signals, actuate fuel controls or
power levers (or increase engine power
by other means on operating engines to
achieve scheduled thrust or power
increase), and furnish cockpit
information on system operation.
c. Critical time interval: the definition
of the critical time interval in 14 CFR
appendix I 25.2(b) must be expanded to
include the following:
i. When conducting an approach for
landing using ATTCS, the critical time
interval is defined as follows:
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a. The critical time interval begins at
a point on a 2.5 degree approach glide
path from which, assuming a
simultaneous engine and ATTCS
failure, the resulting approach climb
flight path intersects a flight path
originating at a later point on the same
approach path corresponding that
corresponds to the 14 CFR part 25 oneengine-inoperative approach climb
gradient. The period of time from the
point of simultaneous engine and
ATTCS failure to the intersection of
these flight paths must be no shorter
than the time interval used in evaluating
the critical time interval for takeoff
beginning from the point of
simultaneous engine and ATTCS failure
and ending upon reaching a height of
400 feet.
b. The critical time interval ends at
the point on a minimum performance,
all-engines-operating go-around flight
path from which, assuming a
simultaneous engine and ATTCS
failure, the resulting minimum
approach climb flight path intersects a
flight path corresponding to the 14 CFR
part 25 minimum one-engineinoperative approach climb gradient.
The all-engines-operating go-around
flight path and the 14 CFR part 25 oneengine-inoperative approach climb
gradient flight path originate from a
common point on a 2.5 degree approach
path. The period of time from the point
of simultaneous engine and ATTCS
failure to the intersection of these flight
paths must be no shorter than the time
interval used in evaluating the critical
time interval for the takeoff beginning
from the point of simultaneous engine
and ATTCS failure and ending upon
reaching a height of 400 feet.
ii. The critical time interval must be
determined at the altitude resulting in
the longest critical time interval for
which one-engine-inoperative approach
climb performance data are presented in
the airplane flight manual (AFM).
iii. The critical time interval is
illustrated in the following figure:
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3. Performance and system reliability
requirements: The applicant must
comply with the performance and
ATTCS reliability requirements as
follows:
a. An ATTCS failure or a combination
of failures in the ATTCS during the
critical time interval:
i. Must not prevent the insertion of
the maximum approved go-around
thrust or power, or must be shown to be
a remote event.
ii. Must not result in a significant loss
or reduction in thrust or power, or must
be shown to be an extremely improbable
event.
b. The concurrent existence of an
ATTCS failure and an engine failure
during the critical time interval must be
shown to be extremely improbable.
c. All applicable performance
requirements of 14 CFR part 25 must be
met with an engine failure occurring at
the most critical point during go-around
with the ATTCS functioning.
d. The probability analysis must
include consideration of ATTCS failure
occurring after the time at which the
flightcrew last verifies that the ATTCS
is in a condition to operate until the
beginning of the critical time interval.
e. The propulsive thrust obtained
from the operating engine after failure of
the critical engine during a go-around
used to show compliance with the oneengine-inoperative climb requirements
of § 25.121(d) may not be greater than
the lesser of:
i. The actual propulsive thrust
resulting from the initial setting of
power or thrust controls with the
ATTCS functioning; or
ii. 111% of the propulsive thrust
resulting from the initial setting of
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power or thrust controls with the
ATTCS failing to reset thrust or power
and without any action by the
flightcrew to reset thrust or power.
4. Thrust setting
a. The initial go-around thrust setting
on each engine at the beginning of the
go-around phase may not be less than
any of the following:
i. That required to permit normal
operation of all safety-related systems
and equipment dependent upon engine
thrust or power lever position; or
ii. That shown to be free of hazardous
engine response characteristics and not
to result in any unsafe aircraft operating
or handling characteristics when thrust
or power is advanced from the initial
go-around position to the maximum
approved power setting.
b. For approval to use an ATTCS for
go-arounds, the thrust setting procedure
must be the same for go-arounds
initiated with all engines operating as
for go-around initiated with one engine
inoperative.
5. Powerplant controls
a. In addition to the requirements of
§ 25.1141, no single failure or
malfunction, or probable combination
thereof, of the ATTCS, including
associated systems, may cause the
failure of any powerplant function
necessary for safety.
b. The ATTCS must be designed to:
i. Apply thrust or power on the
operating engine(s), following any oneengine failure during a go-around, to
achieve the maximum approved goaround thrust without exceeding the
engine operating limits;
ii. Permit manual decrease or increase
in thrust or power up to the maximum
go-around thrust approved for the
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airplane under the existing conditions
through the use of the power lever. For
airplanes equipped with limiters that
automatically prevent the engine
operating limits from being exceeded
under existing ambient conditions,
other means may be used to increase the
thrust in the event of an ATTCS failure,
provided that the means:
1. Is located on or forward of the
power levers;
2. Is easily identified and operated
under all operating conditions by a
single action of either pilot with the
hand that is normally used to actuate
the power levers; and
3. Meets the requirements of
§ 25.777(a), (b), and (c).
iii. Provide a means to verify to the
flightcrew before beginning an approach
for landing that the ATTCS is in a
condition to operate (unless it can be
demonstrated that an ATTCS failure
combined with an engine failure during
an entire flight is extremely
improbable); and
iv. Provide a means for the flightcrew
to deactivate the automatic function.
This means must be designed to prevent
inadvertent deactivation.
6. Powerplant instruments: In
addition to the requirements of
§ 25.1305:
a. A means must be provided to
indicate when the ATTCS is in the
armed or ready condition; and
b. If the inherent flight characteristics
of the airplane do not provide adequate
warning that an engine has failed, a
warning system that is independent of
the ATTCS must be provided to give the
pilot a clear warning of any engine
failure during a go-around.
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Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Proposed Rules
Issued in Renton, Washington, on
November 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–27372 Filed 11–8–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1926
[Docket ID–OSHA–2012–0025]
RIN 1218–AC75
Revising the Exemption for Digger
Derricks in the Cranes and Derricks in
Construction Standard
Occupational Safety and Health
Administration (OSHA); Labor.
ACTION: Notice of proposed rulemaking.
AGENCY:
OSHA is broadening the
exemption for digger derricks in its
standard for cranes and derricks. OSHA
issued a final standard updating the
requirements for cranes and derricks on
August 9, 2010, and the Edison Electric
Institute (EEI) petitioned for review of
the standard in the United States Court
of Appeals. After petitioning, EEI
provided OSHA with new information
regarding digger derricks. OSHA
reviewed the additional information and
the rulemaking record, and decided to
broaden the exemption for digger
derricks used in the electric-utility
industry by means of this proposed rule.
DATES: Comment by December 10, 2012.
All submissions, whether transmitted,
mailed, or delivered, must bear a
postmark or provide other evidence of
the submission date.
ADDRESSES: Submit comments
(including comments to the
information-collection (paperwork)
determination described under the
section titled AGENCY
DETERMINATIONS), hearing requests,
and other information and materials,
identified by Docket No. OSHA–2012–
0025, by any of the following methods:
Electronically: Submit comments and
attachments electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: OSHA allows facsimile
transmission of comments that are 10
pages or fewer in length (including
attachments). Fax these documents to
the OSHA Docket Office at (202) 693–
1648; OSHA does not require hard
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SUMMARY:
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copies of these documents. Instead of
transmitting facsimile copies of
attachments that supplement these
documents (e.g., studies, journal
articles), commenters must submit these
attachments to the OSHA Docket Office,
Technical Data Center, Room N–2625,
OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington,
DC 20210. These attachments must
clearly identify the sender’s name, the
date, and the docket number (OSHA–
2012–0025), so that the Docket Office
can attach them to the appropriate
document.
Regular or express mail, hand
delivery, or messenger (courier) service:
Submit comments and any additional
information or material to the OSHA
Docket Office, Docket No. OSHA–2012–
0025 or RIN No. 1218–AC75, Technical
Data Center, Room N–2625, OSHA, U.S.
Department of Labor, 200 Constitution
Ave., NW., Washington, DC 20210;
telephone: (202) 693–2350. (OSHA’s
TTY number is (877) 889–5627.) Contact
the OSHA Docket Office for information
about security procedures concerning
delivery of materials by express mail,
hand delivery, and messenger service.
The Docket Office will accept deliveries
(express mail, hand delivery, and
messenger service) during the Docket
Office’s normal business hours, 8:15
a.m. to 4:45 p.m. ET.
Docket: To read or download
comments or other information or
material in the docket, go to https://
www.regulations.gov or to the OSHA
Docket Office at the address above.
Documents in the docket are listed in
the https://www.regulations.gov index;
however, some information (e.g.,
copyrighted material) is not available
publicly to read or download through
this Web site. All submissions,
including copyrighted material, are
available for inspection at the OSHA
Docket Office. Contact the OSHA Docket
Office for assistance in locating docket
submissions.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries:
Mr. Frank Meilinger, Director, OSHA
Office of Communications, Room N–
3647, U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210; telephone: (202) 693–1999;
email: meilinger.francis2@dol.gov.
Technical inquiries: Mr. Garvin
Branch, Directorate of Construction,
Room N–3468, OSHA, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202)
693–2020; fax: (202) 693–1689; email:
branch.garvin@dol.gov.
For copies of this Federal Register
notice, news releases, and other relevant
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67313
document: Electronic copies of these
documents are available at OSHA’s Web
page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Request for Comment
II. Direct Final Rulemaking
III. Discussion of the Digger-Derrick
Exemption in 29 CFR 1926, Subpart CC
A. Background
B. Changes to the Text of the Exemption in
29 CFR 1926.1400(c)(4)
C. Discussion of Conforming Revisions to
29 CFR 1926, Subpart V (Power
Transmission and Distribution)
IV. Agency Determinations
A. Significant Risk
B. Final Economic Analysis and Final
Regulatory Flexibility Analysis
C. Technological Feasibility
D. Paperwork Reduction Act of 1995
E. Federalism
F. State Plan States
G. Unfunded Mandates Reform Act
H. Consultation and Coordination With
Indian Tribal Governments
List of Subjects in 29 CFR Part 1926
Authority and Signature
Amendments to Standards
I. Request for Comment
OSHA requests comments on all
issues related to this proposed rule,
including economic, paperwork, or
other regulatory impacts of this rule on
the regulated community. If OSHA
receives no significant adverse comment
to either this proposal or the direct final
rule, OSHA will publish a Federal
Register document confirming the
effective date of the direct final rule and
withdrawing this companion proposed
rule published in the ‘‘Proposed Rules’’
section of today’s Federal Register.
Such confirmation may include minor
stylistic or technical changes to the
document. For the purpose of judicial
review, OSHA views the date of
confirmation of the effective date of this
direct final rule as the date of
promulgation.
II. Direct Final Rulemaking
In direct final rulemaking, an agency
publishes a direct final rule in the
Federal Register with a statement that
the rule will go into effect unless the
agency receives significant adverse
comment within a specified period. The
agency may publish an identical
proposed rule at the same time. If the
agency receives no significant adverse
comment in response to the direct final
rule, the rule goes into effect. OSHA
typically confirms the effective date of
a direct final rule through a separate
Federal Register notice. If the agency
receives a significant adverse comment,
the agency withdraws the direct final
rule and treats such comment as a
E:\FR\FM\09NOP1.SGM
09NOP1
]]>Agencies
[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Proposed Rules]
[Pages 67309-67313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27372]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2012-1199; Notice No. 25-12-06-SC]
Special Conditions: Embraer S.A., Model EMB-550 Airplanes; Flight
Envelope Protection: Performance Credit for Automatic Takeoff Thrust
Control System (ATTCS) During Go-Around
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed special conditions.
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SUMMARY: This action proposes special conditions for the Embraer S.A.
Model
[[Page 67310]]
EMB-550 airplane. This airplane will have a novel or unusual design
feature(s) associated with the use of an Automatic Takeoff Thrust
Control System (ATTCS) during go-around. 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: Send your comments on or before December 24, 2012.
ADDRESSES: Send comments identified by docket number FAA-2012-1199
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/.
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: Joe Jacobsen, FAA, Airplane and Flight
Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington, 98057-3356; telephone 425-227-2011; 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 will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.
Background
On May 14, 2009, Embraer S.A. applied for a type certificate for
their new Model EMB-550 airplane. The Model EMB-550 airplane is the
first of a new family of jet airplanes designed for corporate flight,
fractional, charter, and private owner operations. The aircraft has a
conventional configuration with low wing and T-tail empennage. The
primary structure is metal with composite empennage and control
surfaces. The Model EMB-550 airplane is designed for 8 passengers, with
a maximum of 12 passengers. It is equipped with two Honeywell HTF7500-E
medium bypass ratio turbofan engines mounted on aft fuselage pylons.
Each engine produces approximately 6,540 pounds of thrust for normal
takeoff. The primary flight controls consist of hydraulically powered
fly-by-wire elevators, ailerons and rudder, controlled by the pilot or
copilot sidestick.
Embraer S.A. has incorporated an ATTCS function into the engine of
the Model EMB-550 airplane. It has a full authority digital electronic
control system architecture. Embraer S.A. proposed allowing performance
credit for this function during go-arounds to show compliance with the
requirements of Sec. 25.121(d) for approach climb performance. Since
the airworthiness requirements do not contain appropriate safety
standards for approach climb performance using ATTCS, special
conditions are required to establish a level of safety equivalent to
that of the regulations.
Part 25 appendix I contains standards for use of ATTCS during
takeoff. These special conditions establish standards to extend the use
of ATTCS to the go-around phase.
Type Certification Basis
Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, Embraer S.A. must show that the Model EMB-550 airplane
meets the applicable provisions of part 25, as amended by Amendments
25-1 through 25-127 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 Model EMB-550 airplane 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 or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-550 airplane 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 under Sec. 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 Embraer S.A. Model EMB-550 airplane has an ATTCS that is used
for both takeoff and go-around functions.
Section 25.904 and part 25 appendix I refer to operations of ATTCS
only during takeoff. The Embraer S.A. Model EMB-550 airplane also
provides for use of ATTCS for go-arounds. As a result, if an engine
failure occurs during a go-around, the remaining engine automatically
applies maximum go-around thrust. In addition, in the case of an
approach with one engine already inoperative, if it is necessary to
perform a go-around, the operating engine automatically applies maximum
go-around thrust.
These special conditions are intended to ensure that the ATTCS
functions correctly and meets expected performance requirements during
go-arounds when the airplane is limited by weight, altitude, and/or
temperature during an approach.
[[Page 67311]]
Discussion
Since current airworthiness requirements do not contain safety
standards to allow credit for ATTCS in determining approach climb
performance, these special conditions are required to establish a level
of safety equivalent to that of the regulations. The definition of a
critical time interval for the approach climb case similar to the
critical time interval for takeoff defined in part 25 appendix I is of
primary importance. During an approach climb, it must be extremely
improbable to violate a flight path based on the climb gradient
requirement of Sec. 25.121(d). This climb gradient requirement implies
a minimum one-engine-inoperative flight path capability with the
airplane in the approach configuration. The engine may have been
inoperative before initiating the go-around, or it may become
inoperative during the go-around. The definition of the critical time
interval must consider both possibilities.
The propulsive thrust used to determine compliance with the
approach climb requirements of Sec. 25.121(d) is limited to the lesser
of:
The thrust provided by the ATTCS, or
111% of the thrust resulting from the initial thrust
setting with the ATTCS failing to perform its uptrim function and
without action by the flightcrew to reset thrust.
This requirement serves to limit the adverse performance effects of a
combined engine and ATTCS failure, and ensures adequate performance of
an all-engines-operating go-around.
Applicability
As discussed above, these special conditions are applicable to the
Embraer S.A. Model EMB-550 airplane. 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 of airplanes. It is not a rule of general applicability.
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 Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Embraer S.A. Model EMB-550 airplanes.
1. The Model EMB-550 airplane must comply with the requirements of
14 CFR 25.904 and appendix I to 14 CFR part 25 and the following
requirements pertaining to the go-around phase of flight:
2. Definitions
a. Takeoff/go-around (TOGA): throttle lever in takeoff or go-around
position.
b. Automatic takeoff thrust control system (ATTCS): the ATTCS in
Model EMB-550 airplanes is defined as the entire automatic system
available during takeoff and in go-around mode, including all devices,
both mechanical and electrical, that sense engine failure, transmit
signals, actuate fuel controls or power levers (or increase engine
power by other means on operating engines to achieve scheduled thrust
or power increase), and furnish cockpit information on system
operation.
c. Critical time interval: the definition of the critical time
interval in 14 CFR appendix I 25.2(b) must be expanded to include the
following:
i. When conducting an approach for landing using ATTCS, the
critical time interval is defined as follows:
a. The critical time interval begins at a point on a 2.5 degree
approach glide path from which, assuming a simultaneous engine and
ATTCS failure, the resulting approach climb flight path intersects a
flight path originating at a later point on the same approach path
corresponding that corresponds to the 14 CFR part 25 one-engine-
inoperative approach climb gradient. The period of time from the point
of simultaneous engine and ATTCS failure to the intersection of these
flight paths must be no shorter than the time interval used in
evaluating the critical time interval for takeoff beginning from the
point of simultaneous engine and ATTCS failure and ending upon reaching
a height of 400 feet.
b. The critical time interval ends at the point on a minimum
performance, all-engines-operating go-around flight path from which,
assuming a simultaneous engine and ATTCS failure, the resulting minimum
approach climb flight path intersects a flight path corresponding to
the 14 CFR part 25 minimum one-engine-inoperative approach climb
gradient. The all-engines-operating go-around flight path and the 14
CFR part 25 one-engine-inoperative approach climb gradient flight path
originate from a common point on a 2.5 degree approach path. The period
of time from the point of simultaneous engine and ATTCS failure to the
intersection of these flight paths must be no shorter than the time
interval used in evaluating the critical time interval for the takeoff
beginning from the point of simultaneous engine and ATTCS failure and
ending upon reaching a height of 400 feet.
ii. The critical time interval must be determined at the altitude
resulting in the longest critical time interval for which one-engine-
inoperative approach climb performance data are presented in the
airplane flight manual (AFM).
iii. The critical time interval is illustrated in the following
figure:
[[Page 67312]]
[GRAPHIC] [TIFF OMITTED] TP09NO12.018
3. Performance and system reliability requirements: The applicant
must comply with the performance and ATTCS reliability requirements as
follows:
a. An ATTCS failure or a combination of failures in the ATTCS
during the critical time interval:
i. Must not prevent the insertion of the maximum approved go-around
thrust or power, or must be shown to be a remote event.
ii. Must not result in a significant loss or reduction in thrust or
power, or must be shown to be an extremely improbable event.
b. The concurrent existence of an ATTCS failure and an engine
failure during the critical time interval must be shown to be extremely
improbable.
c. All applicable performance requirements of 14 CFR part 25 must
be met with an engine failure occurring at the most critical point
during go-around with the ATTCS functioning.
d. The probability analysis must include consideration of ATTCS
failure occurring after the time at which the flightcrew last verifies
that the ATTCS is in a condition to operate until the beginning of the
critical time interval.
e. The propulsive thrust obtained from the operating engine after
failure of the critical engine during a go-around used to show
compliance with the one-engine-inoperative climb requirements of Sec.
25.121(d) may not be greater than the lesser of:
i. The actual propulsive thrust resulting from the initial setting
of power or thrust controls with the ATTCS functioning; or
ii. 111% of the propulsive thrust resulting from the initial
setting of power or thrust controls with the ATTCS failing to reset
thrust or power and without any action by the flightcrew to reset
thrust or power.
4. Thrust setting
a. The initial go-around thrust setting on each engine at the
beginning of the go-around phase may not be less than any of the
following:
i. That required to permit normal operation of all safety-related
systems and equipment dependent upon engine thrust or power lever
position; or
ii. That shown to be free of hazardous engine response
characteristics and not to result in any unsafe aircraft operating or
handling characteristics when thrust or power is advanced from the
initial go-around position to the maximum approved power setting.
b. For approval to use an ATTCS for go-arounds, the thrust setting
procedure must be the same for go-arounds initiated with all engines
operating as for go-around initiated with one engine inoperative.
5. Powerplant controls
a. In addition to the requirements of Sec. 25.1141, no single
failure or malfunction, or probable combination thereof, of the ATTCS,
including associated systems, may cause the failure of any powerplant
function necessary for safety.
b. The ATTCS must be designed to:
i. Apply thrust or power on the operating engine(s), following any
one-engine failure during a go-around, to achieve the maximum approved
go-around thrust without exceeding the engine operating limits;
ii. Permit manual decrease or increase in thrust or power up to the
maximum go-around thrust approved for the airplane under the existing
conditions through the use of the power lever. For airplanes equipped
with limiters that automatically prevent the engine operating limits
from being exceeded under existing ambient conditions, other means may
be used to increase the thrust in the event of an ATTCS failure,
provided that the means:
1. Is located on or forward of the power levers;
2. Is easily identified and operated under all operating conditions
by a single action of either pilot with the hand that is normally used
to actuate the power levers; and
3. Meets the requirements of Sec. 25.777(a), (b), and (c).
iii. Provide a means to verify to the flightcrew before beginning
an approach for landing that the ATTCS is in a condition to operate
(unless it can be demonstrated that an ATTCS failure combined with an
engine failure during an entire flight is extremely improbable); and
iv. Provide a means for the flightcrew to deactivate the automatic
function. This means must be designed to prevent inadvertent
deactivation.
6. Powerplant instruments: In addition to the requirements of Sec.
25.1305:
a. A means must be provided to indicate when the ATTCS is in the
armed or ready condition; and
b. If the inherent flight characteristics of the airplane do not
provide adequate warning that an engine has failed, a warning system
that is independent of the ATTCS must be provided to give the pilot a
clear warning of any engine failure during a go-around.
[[Page 67313]]
Issued in Renton, Washington, on November 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-27372 Filed 11-8-12; 8:45 am]
BILLING CODE 4910-13-P
