Special Conditions: Embraer S.A., Model EMB-550 Airplane; Operation Without Normal Electrical Power, 41419-41422 [2014-16643]
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations
regulations do not contain adequate or
appropriate safety standards.
ehiers on DSK2VPTVN1PROD with RULES
Discussion
Embraer did not classify the EMB–550
stowage compartment in the aft part of
the pressurized area as a Class B cargo
compartment due to its relatively small
volume of 37 cubic feet. The
compartment has a door that is intended
to be closed in all phases of flight but
can be opened to allow passenger access
during flight. The lavatory door must be
kept open for takeoff and landing but
will likely be kept closed in all other
phases of flight.
Due to the facts that the stowage
compartment is not classified as a Class
B cargo compartment and may be
isolated from the main cabin by two
doors during flight, and considering that
it will be used to store passenger
belongings, existing requirements for
stowage compartments are not adequate
to address fire protection concerns. The
isolation characteristics and the
possibility of storing items that may
start a fire create the potential for an
undetected fire event.
Additional safety precautions are
required to avoid a situation where a
fire condition remains undetected in an
isolated stowage compartment. 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.
Discussion of the Comments
Notice of proposed special conditions
No. 25–14–02–SC for the Embraer
Model EMB–550 airplane was published
in the Federal Register on April 15,
2014 (79 FR 20818). One commenter
suggested changes to two paragraphs in
the proposed special conditions. The
commenter believes the changes would
provide more specificity and
clarification.
The commenter suggested we include
both ‘‘smoke’’ and ‘‘fire’’ in paragraph
1a of the special conditions, as both
terms are used in the referenced
regulation. We agree and have
incorporated the proposed changes
accordingly. We historically have used
smoke and fire synonymously and
believe that it remains appropriate.
The commenter also suggested the
special conditions include the
amendment level for § 25.858. We agree
and have incorporated this comment.
The commenter suggested that the
special condition only require the
annunciation be provided to the flight
crew, in order to be consistent with
§ 25.858. We agree that the requirement
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should be consistent with § 25.858, and
have removed the flight deck indication
text and simply required the system
meet § 25.858.
The commenter also recommended
that the special conditions require the
indication to the flight deck be provided
within one minute, in order to be
consistent with § 25.858. In discussions
with the applicant all parties agreed to
the need to detect a fire within 60
seconds per the current § 25.858 as
referenced. With the change to simply
require the system meet § 25.858 noted
above, it would be redundant to include
the 60-second detection time in the
special conditions.
In the second comment, the
commenter suggested text changes to
remove any ambiguity over whether
protective breathing equipment would
be required. We agree that the proposed
text is clearer and have incorporated the
proposed changes accordingly.
Applicability
As discussed above, these special
conditions are applicable to the Embraer
Model EMB–550. 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 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 Embraer S.A.
Model EMB–550.
1. Stowage Compartment Fire
Protection.
a. A means for smoke or fire detection
that meets the provisions of § 25.858 at
Amendment 25.93 is required regardless
of the fact that the compartment is not
classified as a cargo compartment per
§ 25.857 (only a ‘‘stowage’’
compartment).
b. In addition to the requirements of
§ 25.851, at least one hand-held or
manually-activated compartment fire
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41419
extinguisher appropriate to the kinds of
fires likely to occur must be provided
for the lavatory. If a hand-held fire
extinguisher is provided, then
protective breathing equipment must be
provided with the extinguisher.
c. Sufficient access must be provided
to enable a crew member to effectively
reach any part of the stowage
compartment with the content of a
hand-held fire extinguisher.
d. When the access provisions are
being used, no hazardous quantity of
smoke, flames, or extinguishing agent
will enter any compartment occupied by
the crew or passengers.
e. A liner must be provided that meets
the requirements of § 25.855 at
Amendment 25–60 for a Class B cargo
compartment unless it can be shown
that the material used to construct the
stowage compartment meets the
flammability requirements by a 60second vertical test in lieu of 12-second
vertical test and by presenting past test
results of typical panels that meet the
45-degree flame penetration test.
Issued in Renton, Washington, on June 17,
2014.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–16644 Filed 7–15–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No.FAA–2014–0100; Notice No. 25–
557–SC]
Special Conditions: Embraer S.A.,
Model EMB–550 Airplane; Operation
Without Normal Electrical Power
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the Embraer S.A. Model
EMB–550 airplanes. This airplane will
have a novel or unusual design feature
associated with electrical and electronic
systems that perform critical functions,
the loss of which could be catastrophic
to the airplane. 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.
SUMMARY:
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations
The effective date of these
special conditions is July 16, 2014. We
must receive your comments by August
15, 2014.
ADDRESSES: Send comments identified
by docket number FAA–2014–0100
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 9
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:
Stephen Slotte, FAA, Airplane and
Flight Crew Interface Branch, ANM–
111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind
Avenue SW., Renton, Washington
98057–3356; telephone 425–227–2315;
facsimile 425–227–1149.
SUPPLEMENTARY INFORMATION:
The FAA has determined that notice
of, and opportunity for prior public
comment on, these special conditions is
impracticable because these procedures
would significantly delay issuance of
the design approval and thus delivery of
ehiers on DSK2VPTVN1PROD with RULES
DATES:
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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 publication in
the Federal Register.
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 its 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 airplane
has a 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 eight (8)
passengers, with a maximum of twelve
(12) passengers. It is equipped with two
Honeywell AS907–3–1E medium bypass
ratio turbofan engines mounted on aft
fuselage pylons. Each engine produces
approximately 6,540 pounds of thrust
for normal takeoff.
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 meets the applicable
provisions of part 25 as amended
through 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
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or unusual design feature, the special
conditions would also apply to the other
model.
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
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 Model EMB–550 airplane will
incorporate the following novel or
unusual design feature: Electrical and
electronic systems that perform critical
functions. Examples of these systems
include the electronic displays,
electronic flight controls, and electronic
engine controls.
The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for these
design features. 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.
Discussion
The Model EMB–550 incorporates an
electronic flight control system that
requires a continuous source of
electrical power in order to keep the
system operable. The criticality of this
system is such that its failure will either
reduce the capability of the airplane or
the ability of the crew to cope with
adverse operating conditions, or prevent
continued safe flight and landing of the
airplane. The airworthiness standards of
part 25 do not contain adequate or
appropriate standards for protection of
these systems from the adverse effects of
operation without normal electrical
power.
The current rule, § 25.1351(d),
Amendment 25–72, requires safe
operation under visual flight rules (VFR)
conditions for at least five minutes after
loss of all normal electrical power. This
rule was structured around traditional
airplane designs that used mechanical
control cables and linkages for flight
control. These manual controls allowed
the crew to maintain aerodynamic
control of the airplane for an indefinite
period of time after loss of all electrical
power. Under these conditions, the
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations
mechanical flight control system
provided the crew with the ability to fly
the airplane while attempting to identify
the cause of the electrical failure, start
the engine(s) if necessary, and
reestablish some of the electrical power
generation capability, if possible.
To maintain the same level of safety
associated with traditional designs, the
Model EMB–550 must be designed for
operation with the normal sources of
engine and auxiliary power unit (APU)generated electrical power inoperative.
Service experience has shown that loss
of all electrical power from the
airplane’s engine and APU-driven
generators is not extremely improbable.
Thus, Embraer must demonstrate that
the airplane is capable of recovering
adequate primary electrical power
generation for safe flight and landing.
The emergency electrical power
system must be designed to supply:
1. Electrical power required for
immediate safety, which must continue
to operate without the need for crew
action following the loss of the normal
engine (which includes APU power)
generator electrical power system;
2. Electrical power required for
continued safe flight and landing; and
3. Electrical power required to restart
the engines.
ehiers on DSK2VPTVN1PROD with RULES
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
airplane model. 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 publication in
the Federal Register. The FAA is
requesting comments to allow interested
persons to submit views that may not
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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 the Embraer S.A. Model EMB–
550 airplane.
■
Operation Without Normal Electrical
Power
In lieu of 14 CFR 25.1351(d) the
following special conditions apply to
ensure that the airplane has sufficient
electrical power for continued safe flight
and landing.
1. The applicant must show by test or
a combination of test and analysis that
the airplane is capable of continued safe
flight and landing with all normal
electrical power sources inoperative, as
prescribed by paragraphs (1)(a) and
(1)(b) below.
For purposes of these special
conditions, normal sources of electricalpower generation do not include any
alternate power sources such as a
battery, ram-air turbine (RAT), or
independent power systems such as a
flight-control permanent-magnet
generating system.
In showing capability for continued
safe flight and landing, consideration
must be given to systems capability,
effects on crew workload and operating
conditions, and the physiological needs
of the flightcrew and passengers for the
longest diversion time for which
approval is sought.
a. Common-cause failures, cascading
failures, and zonal physical threats must
be considered in showing compliance
with this requirement.
b. The ability to restore operation of
portions of the electrical-power
generation and distribution system may
be considered if it can be shown that
unrecoverable loss of those portions of
the system is extremely improbable. An
alternative source of electrical power
must be provided for the time required
to restore the minimum electricalpower-generation capability required for
safe flight and landing. Unrecoverable
loss of all engines may be excluded
when showing that unrecoverable loss
of critical portions of the electrical
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41421
system is extremely improbable.
Unrecoverable loss of all engines is
covered in special condition 2, below,
and thus may be excluded when
showing compliance with this
requirement.
2. Regardless of any electricalgeneration and distribution-system
recovery capability shown under special
condition 1, above, sufficient electricalsystem capability must be provided to:
a. Allow time to descend, with all
engines inoperative, at the speed that
provides the best glide slope, from the
maximum operating altitude to the
altitude at which the soonest possible
engine restart could be accomplished,
and
b. Subsequently allow multiple start
attempts of the engines and APU. This
capability must be provided in addition
to the electrical capability required by
existing part 25 requirements related to
operation with all engines inoperative.
3. The airplane emergency electricalpower system must be designed to
supply:
a. Electrical power required for
immediate safety, which must continue
to operate without the need for crew
action following the loss of the normal
electrical power, for a duration
sufficient to allow reconfiguration to
provide a non-time-limited source of
electrical power.
b. Electrical power required for
continued safe flight and landing for the
maximum diversion time.
4. If APU-generated electrical power
is used in satisfying the requirements of
these special conditions, and if reaching
a suitable runway upon which to land
is beyond the capacity of the battery
systems, then the APU must be able to
be started under any foreseeable flight
condition prior to the depletion of the
battery or the restoration of normal
electrical power, whichever occurs first.
Flight tests must demonstrate this
capability at the most critical condition.
a. It must be shown that the APU will
provide adequate electrical power for
continued safe flight and landing.
b. The operating limitations section of
the airplane flight manual (AFM) must
incorporate non-normal procedures that
direct the pilot to take appropriate
actions to activate the APU after loss of
normal engine-driven generated
electrical power.
As a part of showing compliance with
these special conditions, the tests by
which loss of all normal electrical
power is demonstrated must also take
into account the following:
1. The failure condition should be
assumed to occur during night IMC, at
the most critical phase of the flight,
relative to the worst possible electrical-
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations
power distribution and equipmentloads-demand condition.
2. After the un-restorable loss of
normal engine generator power, the
airplane-engine-restart capability must
be provided and operations continued
in IMC.
3. It should be demonstrated that the
aircraft is capable of continued safe
flight and landing. The length of time
must be computed based on the
maximum diversion-time capability for
which the airplane is being certified.
Consideration for airspeed reductions
resulting from the associated failure or
failures must be made.
4. The airplane must provide
adequate indication of loss of normal
electrical power to direct the pilot to the
non-normal procedures, and the
operating limitations section of the AFM
must incorporate non-normal
procedures that will direct the pilot to
take appropriate actions.
Issued in Renton, Washington, on June 17,
2014.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–16643 Filed 7–15–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 200, 257, 4000, and 4001
[Docket No. FR–5790–F–01]
RIN 2501–AD68
Removal of HOPE for Homeowners
Program Regulations
Office of the Secretary, HUD.
Final rule.
AGENCY:
ACTION:
Through this rule, HUD
removes regulations for the HOPE for
Homeowners Program. The statutory
authority for this program expired
September 30, 2011. Because these
regulations are no longer operative, they
are being removed by this final rule. To
the extent that local programs are still
ongoing under the following repealed
parts, the removal of these regulations
does not affect the requirements for
transactions entered into when the
regulations were in effect. Loans made
under the HOPE for Homeowners
Program that are presently insured will
continue to be governed by the
regulations that existed immediately
before the effective date of this final
rule.
DATES: Effective date: August 15, 2014.
FOR FURTHER INFORMATION CONTACT:
Camille E. Acevedo, Associate General
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
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15:23 Jul 15, 2014
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Counsel for Legislation and Regulations,
Office of General Counsel, Department
of Housing and Urban Development,
451 7th Street SW., Room 10276,
Washington, DC 20410; telephone
number 202–708–1793 (this is not a tollfree number). Persons with hearing or
speech impairments may access this
number through TTY by calling the
Federal Relay Service, toll-free at 800–
877–8389.
SUPPLEMENTARY INFORMATION:
I. Background
The HOPE for Homeowners Act of
2008 (title IV of Division A of the
Housing and Economic Recovery Act of
2008 (HERA) (Pub. L. 110–289, 122 Stat.
2654, approved July 30, 2008) added a
new section 257 to the National Housing
Act (NHA) (12 U.S.C. 1701z–22) that
established a temporary program within
HUD’s Federal Housing Administration
(FHA) that offered homeowners and
mortgage loan holders (or servicers
acting on their behalf) insurance on the
refinancing of distressed mortgagors to
support long-term sustainable
homeownership and avoid foreclosure.
Section 257 authorized FHA to
refinance eligible mortgages
commencing no earlier than October 1,
2008, and such authority to refinance
expired on September 30, 2011. The
fundamental principle behind the HOPE
for Homeowners Act and the HOPE for
Homeowners Program was that
providing new equity for distressed
homeowners may be an effective way to
help homeowners avoid foreclosure.
The HOPE for Homeowners Act also
established a Board of Directors to
administer the program. The Board is
composed of the Secretary of HUD, the
Secretary of the Treasury, the Chairman
of the Board of Governors of the Federal
Reserve System, and the Chairperson of
the Board of Directors of the Federal
Deposit Insurance Corporation or their
respective designees. Section 257(c)(1)
of the NHA requires the Board to
establish program requirements and
standards for the HOPE for Homeowners
Program and prescribe such regulations
and provide such guidance as may be
necessary or appropriate to implement
such requirements and standards. Under
the administration of the Board, the
HOPE for Homeowners Program
regulations were promulgated on
October 6, 2008, at 73 FR 58418, and
codified at 24 CFR part 4001.1 By rule
published on February 20, 2009, at 74
FR 7812, the Board of Directors adopted
regulations that would govern access to
records of the Board under the Freedom
1 See https://www.gpo.gov/fdsys/pkg/FR-2008-1006/pdf/E8-23612.pdf.
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of Information Act. These regulations
were codified at 24 CFR part 4000.2
The Emergency Economic
Stabilization Act of 2008 (Pub. L. 110–
343, 122 Stat. 3765, approved October 3,
2008) (EESA), specifically section 124 of
EESA, amended section 257 of the NHA
to provide additional flexibility and
options to lenders participating in the
HOPE for Homeowners Program. Among
other things, section 124 of EESA
authorizes upfront payments to a holder
of an existing subordinate mortgage in
lieu of providing the subordinate lien
holder with a portion of HUD’s 50
percent interest in the future
appreciation of the value of the
property. On January 7, 2009, at 74 FR
617, the Board published a rule to
implement the changes made by EESA.
On May 20, 2009, the President
signed into law the Helping Families
Save Their Homes Act of 2009 (Division
A of Pub. L. 111–22, 123 Stat. 1632,
approved May 20, 2009) (Helping
Families Act). Section 202 of the
Helping Families Act makes several
amendments to section 257 of the NHA
to enhance operation of the HOPE for
Homeowners Program and to provide
additional flexibility to participants. In
addition, the Helping Families Act
transferred responsibility, including
rulemaking authority, for the HOPE for
Homeowners Program from the Board of
Directors to the Secretary of HUD. The
Board of Directors would assist the
program in an advisory capacity to the
Secretary of HUD. With the transfer of
responsibility for administration of the
program from the Board of Directors to
HUD, HUD promulgated new
regulations for the HOPE for
Homeowners Program that incorporated
the changes made by EESA and the
Helping Families Act. The regulations
were published on January 12, 2010, at
75 FR 1686, and codified at 24 CFR part
257.
This Final Rule
Although changes were made to the
HOPE for Homeowners Program by
EESA and the Helping Families Act, the
expiration of the program was not
altered and the authority for the HOPE
for Homeowners Program expired on
September 30, 2011. Accordingly, this
final rule removes the regulations for
the HOPE for Homeowners Program,
codified in 24 CFR parts 257, 4000 and
4001. On June 10, 2011, FHA issued a
mortgagee letter entitled ‘‘Termination
of the HOPE for Homeowners (H4H)
Program’’ that provided instructions to
FHA-approved mortgagees on how to
2 See https://www.gpo.gov/fdsys/pkg/FR-2009-0220/pdf/E9-3582.pdf.
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]]>Agencies
[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Rules and Regulations]
[Pages 41419-41422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16643]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No.FAA-2014-0100; Notice No. 25-557-SC]
Special Conditions: Embraer S.A., Model EMB-550 Airplane;
Operation Without Normal Electrical Power
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-550 airplanes. This airplane will have a novel or unusual design
feature associated with electrical and electronic systems that perform
critical functions, the loss of which could be catastrophic to the
airplane. 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.
[[Page 41420]]
DATES: The effective date of these special conditions is July 16, 2014.
We must receive your comments by August 15, 2014.
ADDRESSES: Send comments identified by docket number FAA-2014-0100
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 9 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: Stephen Slotte, FAA, Airplane and
Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone 425-227-2315; facsimile 425-227-1149.
SUPPLEMENTARY INFORMATION:
The FAA has determined that notice of, and opportunity for prior
public comment on, these special conditions is 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 publication in the Federal
Register.
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
its 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 airplane has a
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 eight (8) passengers, with a maximum of
twelve (12) passengers. It is equipped with two Honeywell AS907-3-1E
medium bypass ratio turbofan engines mounted on aft fuselage pylons.
Each engine produces approximately 6,540 pounds of thrust for normal
takeoff.
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 meets the
applicable provisions of part 25 as amended through 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.
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 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 Model EMB-550 airplane will incorporate the following novel or
unusual design feature: Electrical and electronic systems that perform
critical functions. Examples of these systems include the electronic
displays, electronic flight controls, and electronic engine controls.
The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for these design features. 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.
Discussion
The Model EMB-550 incorporates an electronic flight control system
that requires a continuous source of electrical power in order to keep
the system operable. The criticality of this system is such that its
failure will either reduce the capability of the airplane or the
ability of the crew to cope with adverse operating conditions, or
prevent continued safe flight and landing of the airplane. The
airworthiness standards of part 25 do not contain adequate or
appropriate standards for protection of these systems from the adverse
effects of operation without normal electrical power.
The current rule, Sec. 25.1351(d), Amendment 25-72, requires safe
operation under visual flight rules (VFR) conditions for at least five
minutes after loss of all normal electrical power. This rule was
structured around traditional airplane designs that used mechanical
control cables and linkages for flight control. These manual controls
allowed the crew to maintain aerodynamic control of the airplane for an
indefinite period of time after loss of all electrical power. Under
these conditions, the
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mechanical flight control system provided the crew with the ability to
fly the airplane while attempting to identify the cause of the
electrical failure, start the engine(s) if necessary, and reestablish
some of the electrical power generation capability, if possible.
To maintain the same level of safety associated with traditional
designs, the Model EMB-550 must be designed for operation with the
normal sources of engine and auxiliary power unit (APU)-generated
electrical power inoperative. Service experience has shown that loss of
all electrical power from the airplane's engine and APU-driven
generators is not extremely improbable. Thus, Embraer must demonstrate
that the airplane is capable of recovering adequate primary electrical
power generation for safe flight and landing.
The emergency electrical power system must be designed to supply:
1. Electrical power required for immediate safety, which must
continue to operate without the need for crew action following the loss
of the normal engine (which includes APU power) generator electrical
power system;
2. Electrical power required for continued safe flight and landing;
and
3. Electrical power required to restart the engines.
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 airplane model. 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 publication in the Federal Register. 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
0
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-550
airplane.
Operation Without Normal Electrical Power
In lieu of 14 CFR 25.1351(d) the following special conditions apply
to ensure that the airplane has sufficient electrical power for
continued safe flight and landing.
1. The applicant must show by test or a combination of test and
analysis that the airplane is capable of continued safe flight and
landing with all normal electrical power sources inoperative, as
prescribed by paragraphs (1)(a) and (1)(b) below.
For purposes of these special conditions, normal sources of
electrical-power generation do not include any alternate power sources
such as a battery, ram-air turbine (RAT), or independent power systems
such as a flight-control permanent-magnet generating system.
In showing capability for continued safe flight and landing,
consideration must be given to systems capability, effects on crew
workload and operating conditions, and the physiological needs of the
flightcrew and passengers for the longest diversion time for which
approval is sought.
a. Common-cause failures, cascading failures, and zonal physical
threats must be considered in showing compliance with this requirement.
b. The ability to restore operation of portions of the electrical-
power generation and distribution system may be considered if it can be
shown that unrecoverable loss of those portions of the system is
extremely improbable. An alternative source of electrical power must be
provided for the time required to restore the minimum electrical-power-
generation capability required for safe flight and landing.
Unrecoverable loss of all engines may be excluded when showing that
unrecoverable loss of critical portions of the electrical system is
extremely improbable. Unrecoverable loss of all engines is covered in
special condition 2, below, and thus may be excluded when showing
compliance with this requirement.
2. Regardless of any electrical-generation and distribution-system
recovery capability shown under special condition 1, above, sufficient
electrical-system capability must be provided to:
a. Allow time to descend, with all engines inoperative, at the
speed that provides the best glide slope, from the maximum operating
altitude to the altitude at which the soonest possible engine restart
could be accomplished, and
b. Subsequently allow multiple start attempts of the engines and
APU. This capability must be provided in addition to the electrical
capability required by existing part 25 requirements related to
operation with all engines inoperative.
3. The airplane emergency electrical-power system must be designed
to supply:
a. Electrical power required for immediate safety, which must
continue to operate without the need for crew action following the loss
of the normal electrical power, for a duration sufficient to allow
reconfiguration to provide a non-time-limited source of electrical
power.
b. Electrical power required for continued safe flight and landing
for the maximum diversion time.
4. If APU-generated electrical power is used in satisfying the
requirements of these special conditions, and if reaching a suitable
runway upon which to land is beyond the capacity of the battery
systems, then the APU must be able to be started under any foreseeable
flight condition prior to the depletion of the battery or the
restoration of normal electrical power, whichever occurs first. Flight
tests must demonstrate this capability at the most critical condition.
a. It must be shown that the APU will provide adequate electrical
power for continued safe flight and landing.
b. The operating limitations section of the airplane flight manual
(AFM) must incorporate non-normal procedures that direct the pilot to
take appropriate actions to activate the APU after loss of normal
engine-driven generated electrical power.
As a part of showing compliance with these special conditions, the
tests by which loss of all normal electrical power is demonstrated must
also take into account the following:
1. The failure condition should be assumed to occur during night
IMC, at the most critical phase of the flight, relative to the worst
possible electrical-
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power distribution and equipment-loads-demand condition.
2. After the un-restorable loss of normal engine generator power,
the airplane-engine-restart capability must be provided and operations
continued in IMC.
3. It should be demonstrated that the aircraft is capable of
continued safe flight and landing. The length of time must be computed
based on the maximum diversion-time capability for which the airplane
is being certified. Consideration for airspeed reductions resulting
from the associated failure or failures must be made.
4. The airplane must provide adequate indication of loss of normal
electrical power to direct the pilot to the non-normal procedures, and
the operating limitations section of the AFM must incorporate non-
normal procedures that will direct the pilot to take appropriate
actions.
Issued in Renton, Washington, on June 17, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-16643 Filed 7-15-14; 8:45 am]
BILLING CODE 4910-13-P
