Special Conditions: Bombardier Inc. Model BD-700-2A12 and BD-700-2A13 Airplanes; Fuselage Post-Crash Fire Survivability, 36319-36320 [2017-16413]

Download as PDF 36319 Rules and Regulations Federal Register Vol. 82, No. 149 Friday, August 4, 2017 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA–2015–2393; Special Conditions No. 25–695–SC] Special Conditions: Bombardier Inc. Model BD–700–2A12 and BD–700– 2A13 Airplanes; Fuselage Post-Crash Fire Survivability Federal Aviation Administration (FAA), DOT. AGENCY: ACTION: Final special conditions. These special conditions are issued for the Bombardier Inc. (Bombardier) Model BD–700–2A12 and BD–700–2A13 airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This feature is an aluminum-lithium fuselage construction that may provide different levels of protection from post-crash fire threats than would similar airplanes constructed from traditional aluminum structure. 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: DATES: Effective September 5, 2017. FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe and Cabin Safety Branch, ANM–115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057–3356; telephone 425–227–2195; facsimile 425–227–1232. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 13:21 Aug 03, 2017 Jkt 241001 Background On May 30, 2012, Bombardier applied for an amendment to type certificate no. T00003NY to include the new Model BD–700–2A12 and BD–700–2A13 airplanes. These airplanes are derivatives of the Model BD–700 series of airplanes and are marketed as the Bombardier Global 7000 (Model BD– 700–2A12) and Global 8000 (Model BD– 700–2A13). These airplanes are twinengine, transport-category, executiveinterior business jets. The maximum passenger capacity is 19 and the maximum takeoff weights are 106,250 lbs. (Model BD–700–2A12) and 104,800 lbs. (Model BD–700–2A13). Type Certification Basis Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101, Bombardier must show that the Model BD–700–2A12 and BD–700–2A13 airplanes meet the applicable provisions of the regulations listed in Type Certificate No. T00003NY, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. 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 BD–700–2A12 and BD– 700–2A13 airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under § 21.101. In addition to the applicable airworthiness regulations and special conditions, the Model BD–700–2A12 and BD–700–2A13 airplanes must comply with the fuel-vent and exhaustemission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 with § 11.38, and they become part of the type-certification basis under § 21.101. Novel or Unusual Design Feature Bombardier Inc. Model BD–700–2A12 and BD–700–2A13 airplanes will incorporate the following novel or unusual design feature: The fuselage will be fabricated using aluminumlithium alloy materials instead of conventional aluminum. Discussion The certification basis for the Bombardier Model BD–700–2A12 and BD–700–2A11 airplanes does not include the burn through requirements defined in § 25.856(b) because both airplane models have a passenger capacity of fewer than 20. The Model BD–700–2A12 and BD–700–2A13 airplanes are introducing a new material other than what has traditionally been shown to be survivable from a ‘‘toxic’’ standpoint. The applicant must ensure that the material being installed on an airplane does not introduce a new hazard that would reduce the survivability of the passengers during a post-crash situation, or that would provide levels of toxic fumes that would be lethal or incapacitating, thus preventing evacuation of the airplane in a crash scenario. In accordance with § 21.16, fuselage structure that includes aluminumlithium construction is an unusual design feature for large, transportcategory airplanes certificated under 14 CFR part 25. Regulations applicable to burn requirements, including §§ 25.853 and 25.856(a), remain valid for these airplanes, but do not protect against the threat generated from potentially toxic levels of gases produced from aluminum-lithium alloy materials. 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 Comments Notice of Proposed Special Conditions No. 25–16–07–SC for the Bombardier Model BD–700–2A12 and BD–700–2A13 airplanes was published in the Federal Register on October 26, 2016 (81 FR 74347). One comment was received. E:\FR\FM\04AUR1.SGM 04AUR1 36320 Federal Register / Vol. 82, No. 149 / Friday, August 4, 2017 / Rules and Regulations The commenter acknowledged that the use of the aluminum-lithium alloy would require full certification to the existing regulations. However, they contend that the material is not novel and unusual and does not require special conditions. The FAA does not agree. While it is true that, with the level of lithium in the alloys presently tested, the proposed aluminum-lithium alloy does not appear to pose a significant risk, the existing regulations, as discussed above, do not adequately address the use of this specific alloy technology. Lithium metal is highly flammable and toxic; therefore, the FAA is concerned about the use of lithium in aircraft alloys. The FAA did not have data on the properties of aluminum-lithium when exposed to a post-crash fire threat prior to applying these special conditions. Therefore, special conditions are required until the regulations are amended to provide sufficient requirements for the application of this new alloy technology. Applicability As discussed above, these special conditions are applicable to the Bombardier Model BD–700–2A12 and BD–700–2A13 airplanes. Should Bombardier apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to the other model as well. Conclusion This action affects only one novel or unusual design feature on Bombardier Model BD–700–2A12 and BD–700– 2A13 airplanes. It is not a rule of general applicabilit. 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 Bombardier Model BD–700–2A12 and BD–700–2A13 airplanes. The Model BD–700–2A12 and BD– 700–2A13 airplanes must show that toxic levels of gases produced from the aluminum-lithium material, when exposed to a post-crash fire threat, are in no way an additional threat to the VerDate Sep<11>2014 13:21 Aug 03, 2017 Jkt 241001 passengers, including, but not limited to, their ability to evacuate, when compared to traditional aluminum airplane materials. Issued in Renton, Washington. Victor Wicklund, Manager, Transport Standards Branch, Aircraft Certification Service. [FR Doc. 2017–16413 Filed 8–3–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA–2017–0317; Special Conditions No. 25–694–SC] Special Conditions: Embraer S.A. Model ERJ 190–300 Airplane; Flight Envelope Protection: Normal Load Factor (g) Limiting Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: These special conditions are issued for the Embraer S.A. (Embraer) Model ERJ 190–300 airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transportcategory airplanes. This design feature involves flight-envelope protection functions that limit such flight parameters as, for example, angle of attack, normal load factor, attitude, bank angle, and speed during normal operation. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: This action is effective on Embraer S.A. on August 4, 2017. We must receive your comments by September 18, 2017. ADDRESSES: Send comments identified by docket number FAA–2017–0317 using any of the following methods: • Federal eRegulations Portal: Go to http://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. SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 • 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 http://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). Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go 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. 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 425–227–1320. SUPPLEMENTARY INFORMATION: The substance of these special conditions has been subject 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, the FAA has determined that prior public notice and comment are unnecessary and impracticable. In addition, since 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 finds it unnecessary to delay the effective date and finds that good cause exists for adopting these special conditions upon publication in the Federal Register. E:\FR\FM\04AUR1.SGM 04AUR1

Agencies

[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Rules and Regulations]
[Pages 36319-36320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16413]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 149 / Friday, August 4, 2017 / Rules 
and Regulations

[[Page 36319]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-2393; Special Conditions No. 25-695-SC]


Special Conditions: Bombardier Inc. Model BD-700-2A12 and BD-700-
2A13 Airplanes; Fuselage Post-Crash Fire Survivability

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for the Bombardier Inc. 
(Bombardier) Model BD-700-2A12 and BD-700-2A13 airplanes. These 
airplanes will have a novel or unusual design feature when compared to 
the state of technology envisioned in the airworthiness standards for 
transport category airplanes. This feature is an aluminum-lithium 
fuselage construction that may provide different levels of protection 
from post-crash fire threats than would similar airplanes constructed 
from traditional aluminum structure. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
this design feature. These special conditions contain the additional 
safety standards that the Administrator considers necessary to 
establish a level of safety equivalent to that established by the 
existing airworthiness standards.

DATES: Effective September 5, 2017.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe and Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057-
3356; telephone 425-227-2195; facsimile 425-227-1232.

SUPPLEMENTARY INFORMATION: 

Background

    On May 30, 2012, Bombardier applied for an amendment to type 
certificate no. T00003NY to include the new Model BD-700-2A12 and BD-
700-2A13 airplanes. These airplanes are derivatives of the Model BD-700 
series of airplanes and are marketed as the Bombardier Global 7000 
(Model BD-700-2A12) and Global 8000 (Model BD-700-2A13). These 
airplanes are twin-engine, transport-category, executive-interior 
business jets. The maximum passenger capacity is 19 and the maximum 
takeoff weights are 106,250 lbs. (Model BD-700-2A12) and 104,800 lbs. 
(Model BD-700-2A13).

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, Bombardier must show that the Model BD-700-2A12 and BD-
700-2A13 airplanes meet the applicable provisions of the regulations 
listed in Type Certificate No. T00003NY, or the applicable regulations 
in effect on the date of application for the change, except for earlier 
amendments as agreed upon by the FAA.
    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 BD-700-2A12 and BD-700-2A13 
airplanes because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, these 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 BD-700-2A12 and BD-700-2A13 airplanes must comply 
with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, 
and the noise-certification requirements of 14 CFR part 36.
    The FAA 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.  21.101.

Novel or Unusual Design Feature

    Bombardier Inc. Model BD-700-2A12 and BD-700-2A13 airplanes will 
incorporate the following novel or unusual design feature: The fuselage 
will be fabricated using aluminum-lithium alloy materials instead of 
conventional aluminum.

Discussion

    The certification basis for the Bombardier Model BD-700-2A12 and 
BD-700-2A11 airplanes does not include the burn through requirements 
defined in Sec.  25.856(b) because both airplane models have a 
passenger capacity of fewer than 20. The Model BD-700-2A12 and BD-700-
2A13 airplanes are introducing a new material other than what has 
traditionally been shown to be survivable from a ``toxic'' standpoint. 
The applicant must ensure that the material being installed on an 
airplane does not introduce a new hazard that would reduce the 
survivability of the passengers during a post-crash situation, or that 
would provide levels of toxic fumes that would be lethal or 
incapacitating, thus preventing evacuation of the airplane in a crash 
scenario.
    In accordance with Sec.  21.16, fuselage structure that includes 
aluminum-lithium construction is an unusual design feature for large, 
transport-category airplanes certificated under 14 CFR part 25.
    Regulations applicable to burn requirements, including Sec. Sec.  
25.853 and 25.856(a), remain valid for these airplanes, but do not 
protect against the threat generated from potentially toxic levels of 
gases produced from aluminum-lithium alloy materials.
    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 Comments

    Notice of Proposed Special Conditions No. 25-16-07-SC for the 
Bombardier Model BD-700-2A12 and BD-700-2A13 airplanes was published in 
the Federal Register on October 26, 2016 (81 FR 74347). One comment was 
received.

[[Page 36320]]

    The commenter acknowledged that the use of the aluminum-lithium 
alloy would require full certification to the existing regulations. 
However, they contend that the material is not novel and unusual and 
does not require special conditions.
    The FAA does not agree. While it is true that, with the level of 
lithium in the alloys presently tested, the proposed aluminum-lithium 
alloy does not appear to pose a significant risk, the existing 
regulations, as discussed above, do not adequately address the use of 
this specific alloy technology. Lithium metal is highly flammable and 
toxic; therefore, the FAA is concerned about the use of lithium in 
aircraft alloys. The FAA did not have data on the properties of 
aluminum-lithium when exposed to a post-crash fire threat prior to 
applying these special conditions.
    Therefore, special conditions are required until the regulations 
are amended to provide sufficient requirements for the application of 
this new alloy technology.

Applicability

    As discussed above, these special conditions are applicable to the 
Bombardier Model BD-700-2A12 and BD-700-2A13 airplanes. Should 
Bombardier apply at a later date for a change to the type certificate 
to include another model incorporating the same novel or unusual design 
feature, these special conditions would apply to the other model as 
well.

Conclusion

    This action affects only one novel or unusual design feature on 
Bombardier Model BD-700-2A12 and BD-700-2A13 airplanes. It is not a 
rule of general applicabilit.

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 Bombardier Model BD-700-2A12 and BD-
700-2A13 airplanes.
    The Model BD-700-2A12 and BD-700-2A13 airplanes must show that 
toxic levels of gases produced from the aluminum-lithium material, when 
exposed to a post-crash fire threat, are in no way an additional threat 
to the passengers, including, but not limited to, their ability to 
evacuate, when compared to traditional aluminum airplane materials.

    Issued in Renton, Washington.
Victor Wicklund,
Manager, Transport Standards Branch, Aircraft Certification Service.
[FR Doc. 2017-16413 Filed 8-3-17; 8:45 am]
 BILLING CODE 4910-13-P