Special Conditions: The Boeing Company Model 777-8 and 777-9 Airplanes; Folding Wingtips, 23209-23212 [2018-10576]
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
PART 1415—GRASSLANDS RESERVE
PROGRAM
5. The authority citation for part 1415
continues to read as follows:
■
Authority: 16 U.S.C. 3838n–3838q.
6. Section 1415.6 is amended by
revising paragraphs (c) and (d) and
removing paragraph (e).
The revisions read as follows:
■
Participant eligibility.
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(c) Meet the Adjusted Gross Income
requirements in part 1400 of this
chapter, unless exempted under part
1400 of this chapter; and
(d) Meet the conservation compliance
requirements found in part 12 of this
title.
*
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*
PART 1465—AGRICULTURAL
MANAGEMENT ASSISTANCE
7. The authority citation for part 1465
continues to read as follows:
■
Authority: 7 U.S.C. 1524(b).
8. Section 1465.5 is amended by
revising paragraphs (c)(10) and (11) and
removing paragraph (c)(12).
The revisions read as follows:
■
§ 1465.5
Program requirements.
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(c) * * *
(10) Be in compliance with the terms
of all other USDA-administered
conservation program agreements to
which the participant is a party; and
(11) Develop and agree to comply
with an APO and O&M agreement, as
described in § 1465.3.
*
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PART 1466—ENVIRONMENTAL
QUALITY INCENTIVES PROGRAM
9. The authority citation for part 1466
continues to read as follows:
■
Authority: 15 U.S.C. 714b and 714c; 16
U.S.C. 3839aa–3839–8.
10. Section 1466.6 is amended by:
a. Revising paragraph (b)(6);
b. Removing paragraph (b)(7); and
c. Redesignating paragraph (b)(8) as
paragraph (b)(7) and revising it.
The revisions read as follows:
sradovich on DSK3GMQ082PROD with RULES
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§ 1466.6
Program requirements.
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(b) * * *
(6) Supply information, as required by
NRCS, to determine eligibility for the
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for each individual eligible for
payments.
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program, including but not limited to,
information to verify the applicant’s
status as a limited resource, beginning
farmer or rancher, and payment
eligibility as established by 7 CFR part
1400; and
(7) Provide a list of all members of the
legal entity and embedded entities along
with members’ tax identification
numbers and percentage interest in the
entity.
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Signed in Washington, DC, on May 14,
2018.
Leonard Jordan,
Vice President, Commodity Credit
Corporation, Acting Chief, Natural Resources
Conservation Service.
PART 1468—AGRICULTURAL
CONSERVATION EASEMENT
PROGRAM
have provided fraudulent representation
and are subject to § 636.13.
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§ 1415.6
23209
DEPARTMENT OF TRANSPORTATION
11. The authority citation for part
1468 continues to read as follows:
14 CFR Part 25
Authority: 15 U.S.C. 714b and 714c; 16
U.S.C. 3865–3865d.
[Docket No. FAA–2017–0636; Special
Conditions No. 25–726–SC]
§ 1468.30
Special Conditions: The Boeing
Company Model 777–8 and 777–9
Airplanes; Folding Wingtips
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[Amended]
12. Section 1468.30 is amended by:
a. Removing paragraph (c)(3);
■ b. Redesignating the second paragraph
(c)(4) as paragraph (c)(5); and
■ c. Redesignating paragraphs (c)(4) and
newly redesignated (c)(5) as paragraphs
(c)(3) and (4), respectively.
■
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PART 1470—CONSERVATION
STEWARDSHIP PROGRAM
13. The authority citation for part
1470 continues to read as follows:
■
Authority: 16 U.S.C. 3838d–3838g.
14. Section 1470.6 is amended by:
a. Revising paragraph (a)(5);
■ b. Removing paragraph (a)(6);
■ c. Redesignating paragraph (a)(7) as
paragraph (a)(6) and revising it.
The revisions read as follows:
■
■
§ 1470.6
Eligibility requirements.
(a) * * *
(5) Supply information, as required by
NRCS, to determine eligibility for the
program, including but not limited to,
information related to eligibility
requirements and ranking factors;
conservation activity and production
system records; information to verify the
applicant’s status as an historically
underserved producer or a veteran
farmer or rancher, if applicable; and
payment eligibility as established by 7
CFR part 1400; and
(6) Provide a list of all members of the
legal entity or joint operation, as
applicable, and embedded entities along
with members’ tax identification
numbers and percentage interest in the
legal entity or joint operation. Where
applicable; American Indians, Alaska
Natives, and Pacific Islanders may use
another unique identification number
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[FR Doc. 2018–10641 Filed 5–17–18; 8:45 am]
BILLING CODE 3410–16–P
Federal Aviation Administration
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
These special conditions are
issued for The Boeing Company
(Boeing) Model 777–8 and 777–9
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 design feature is folding
wingtips. 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 June 18, 2018.
FOR FURTHER INFORMATION CONTACT: Ian
Won, FAA, Airframe and Cabin Safety
Section, AIR–675, Policy and
Innovation Division, Transport
Standards Branch, Aircraft Certification
Service, 2200 South 216th St., Des
Moines, Washington, 98198–6547;
telephone 206–231–3217.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On April 19, 2017 (for the Model 777–
8 airplane), and May 12, 2015 (for the
777–9 airplane), Boeing applied for an
amendment to Type Certificate (TC) No.
T00001SE to include the new Model
777–8 and 777–9 airplanes. These
airplanes are constructed with new
carbon-fiber-reinforced plastic (CFRP)
wings with folding wingtips.
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The Model 777–9 airplane, a
derivative of the Model 777–300ER
airplane currently approved under TC
No. T00001SE, is a stretched-fuselage,
large, twin-engine airplane with seating
for 408 passengers and a maximum
takeoff weight of 775,000 pounds.
The Model 777–8 airplane, a
shortened-body derivative of the Model
777–9 airplane, is a large, twin-engine
airplane with seating for 359 passengers
and a maximum takeoff weight of
775,000 pounds.
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Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Boeing must show that the Model 777–
8 and 777–9 airplanes meet the
applicable provisions of the regulations
listed in TC No. T00001SE, 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 777–8 and 777–9
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 777–8 and 777–
9 airplanes must comply with the fuelvent and exhaust-emission requirements
of 14 CFR part 34, and the noisecertification requirements of 14 CFR
part 36.
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
§ 21.101.
Novel or Unusual Design Features
The Boeing Model 777–8 and 777–9
airplanes will incorporate the following
novel or unusual design features: CFRP
wings with folding wingtips.
Boeing will incorporate this onground wingtip-fold capability to reduce
the wingspan from 235 to 212 feet when
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folded. These folding wingtips comply
with Code E gate 1 compatibility when
folded during ground operations.
Discussion
Boeing will add folding wingtips to
their Model 777–8 and 777–9 airplane
wings to maintain Code E gate
compatibility when folded during
ground operations. This wing-folding
feature will be operable on the ground
only. Boeing has no plan to carry fuel
in the folding sections of the wings.
Boeing has determined that a
catastrophic event could occur if the
Model 777–8 and 777–9 airplane
wingtips are not properly positioned
and secured for takeoff and during
flight. In service, numerous takeoff
operations with improper airplane
configurations have occurred due to
failures of the takeoff warning systems,
or inadvertent crew actions. For these
special conditions, a parallel is drawn
between taking off with gust locks
engaged and taking off with the
wingtips folded, as either condition
could result in a catastrophic event.
Consequently, the FAA has determined
that the level of safety in protecting a
misconfigured airplane from takeoff
with wingtips folded should be the
same as taking off with the gust locks
engaged. Therefore, condition 2 of these
special conditions has the same intent
as § 25.679(a)(2). Per § 25.1309, the
applicant must show that such an event
is extremely improbable, must not result
from a single failure, and that
appropriate alerting must be provided
for the crew to manage unsafe systemoperating conditions. In addition, the
applicant must ensure that the wingtips
are properly secured during ground
operations to protect ground personnel
against bodily injury.
Factors to be considered when
showing compliance to these special
conditions include, but are not limited
to:
• With wingtips in the folded
position, the conventional airplanewingtip-position lights may have
reduced visibility due to the upward
position of the wingtips, possibly
impacting ground-operation safety.
Light placement may require special
consideration to retain the current
ground-operation safety, and mitigate
any adverse impact this light position
may have on pilot visibility during
night-lighting conditions.
• Due to upward wingtip positioning
on the ground, significant loads may be
1 A Code E gate is designed to accommodate
aircraft wingspans between 170.6 ft. (52m) and
213.3 ft. (65m), and outer main-gear wheel spans
between 29.5 ft. (9m) and 45.9 ft. (14m). Boeing 777
airplanes are in this gate-code category.
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imposed by wind gusts combined with
taxi speed during the transition from the
unfolded to the folded position.
• The FAA issued Policy Statement
No. PS–ANM–25–12, ‘‘Certification of
Structural Elements in Flight Control
Systems,’’ to address structural elements
in systems that act as both structure and
as part of a system. This policy provides
additional guidance on the appropriate
application of the fatigue and damagetolerance requirements of § 25.571, and
the system-safety requirements of
§§ 25.671 and 25.1309.
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. 25–17–02–SC for the
Boeing Model 777–8 and 777–9
airplanes was published in the Federal
Register on November 1, 2017 (82 FR
50581). The FAA received responses
from four commenters.
Commenter 1: Air Line Pilots
Association (ALPA)
ALPA stated that the special
conditions should require
demonstration of ground-handling
effects due to the folding wingtips, and
implementing a robust flight-test
procedure to evaluate the effects of the
folding wingtips during landing rollout
and taxi under high crosswind and gust
conditions, to ensure no exceptional
piloting skill is required during these
operations. ALPA also suggests
including, within the Boeing Model 777
series airplane flight manual, the
crosswind conditions under which the
folding wingtips were studied.
The FAA notes that demonstration of
acceptable handling qualities is required
by special condition 5 as written. The
method of compliance demonstration,
and associated documentation, is
outside the scope of these special
conditions, and the special conditions
remain adopted as proposed.
Commenter 2
One commenter suggested various
means for the applicant to address the
special conditions, for example, the
need for additional power cut outs that
are separate circuits. The FAA partially
agrees with the commenter, noting that
special conditions are performance
standards that may be satisfied by
various means, including those the
commenter proposed. However, the
method of compliance demonstration is
outside the scope of these special
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conditions. Therefore, the special
conditions remain adopted as proposed.
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Commenter 3
One commenter expressed concern
that the special conditions may be
confusing to the United States Congress.
The FAA responds that special
conditions are part of the Executive
Branch rulemaking process, which is
independent of the United States
Congress lawmaking process. Special
conditions are unique to aircraft
certification and, therefore, are written
with the aerospace-industry audience in
mind. The special conditions remain
adopted as proposed.
Commenter 4
One commenter stated concern over
the applicability of these special
conditions to future models on the
Boeing Model 777 airplane type
certificate. Should Boeing 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 that model as well. The
FAA responds that these special
conditions provide requirements for a
safe design for folding wingtips on
future Model 777 airplane derivatives,
as well as on the current Model 777
airplanes. These special conditions will
ensure that future models incorporating
the same novel or unusual design
feature meet the level of safety
equivalent to that established in the
regulations.
The commenter suggested that the
1.25 factor specified in § 25.415(d) be
applied to the portion of the system that
is isolated in-flight, and is not critical
for safe flight and landing. The FAA
disagrees with the comment. The
structure the commenter addressed has
no impact on safety of flight.
Additionally, the special conditions
require that the wingtips must have a
means by which to safeguard against
unlocking from the extended, flightdeployed position in-flight because of
failures, including the failure of any
single structural element. The special
conditions remain adopted as proposed.
The commenter suggested that the
airplane must demonstrate acceptable
handling qualities during rollout in a
crosswind environment, as the wingtips
transition from the flight-deployed to
folded position, and transitioning from
the folded to the flight-deployed
position, as well as during the unlikely
event of asymmetric wingtip folding.
The FAA agrees with the comment, but
it is the FAA’s position that the special
conditions, as proposed, indicate that
the airplane must exhibit acceptable
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handling qualities under normal and
asymmetric operation. The special
conditions remain adopted as proposed.
The commenter suggested that the
FAA repeat the § 25.675 text in special
condition 6, in lieu of only referencing
§ 25.675 in the special condition. The
FAA finds that the special condition has
the same legal effect either way, and
finds no advantage to repeating the text
of § 25.675 in special condition 6.
Applicability
As discussed above, these special
conditions are applicable to Boeing
Model 777–8 and 777–9 airplanes.
Should Boeing 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
that model as well.
Conclusion
This action affects only a certain
novel or unusual design feature on one
model series 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 Boeing Model
777–8 and 777–9 airplanes.
Note: The term ‘‘latch’’ refers to the
mechanism that allows the wingtip to carry
flight loads in the down (flight-deployed)
position. The term ‘‘lock’’ refers to the
mechanism that prevents disconnection of
the latch when the wing tip is down.
1. More than one means must be
available to alert the flightcrew that the
wingtips are not properly positioned
and secured prior to takeoff. Each of
these means must be unique in their
wingtip-monitoring function. When
meeting this condition, the applicant
must add a function to the takeoff
warning system, as required by
§ 25.703(a)(1) and (2), to warn of an
unlocked or improperly positioned
wingtip, including indication to the
flightcrew when a wingtip is in the
folded position during taxi.
2. In addition to a takeoff warning in
accordance with § 25.703, a means must
be provided to prevent airplane takeoff
if a wingtip is not properly positioned
and secured for flight.
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23211
3. The applicant must consider the
effects of folding-wingtip freeplay when
evaluating compliance to the design
load requirements of 14 CFR part 25,
subpart C, and the aeroelastic stability
(including flutter, divergence, control
reversal, and any undue loss of stability
and control as a result of structural
deformation) requirements of § 25.629.
Thus, the effects of normal wear, and
other long-term durability conditions
(such as corrosion) of the foldingwingtip operating mechanism on
freeplay, and its impact on loads and
aeroelastic stability, must be considered.
Where freeplay limitations are required
to ensure aeroelastic stability,
acceptable freeplay limits and freeplay
check procedures must be established. If
lubrication is required to control
excessive wear, lubrication intervals
must be established. These procedures
and limitations must be documented in
accordance with § 25.1529. The
freeplay-check and mechanismlubrication intervals, if required, must
be documented as a certification
maintenance requirement (CMR).
Guidance for CMRs can be found in
Advisory Circular 25–19A,
‘‘Certification Maintenance
Requirements.’’ The effects of freeplay
on wing-joint torsional and bending
stiffness, as well as wing frequencies,
must be evaluated when showing
compliance to loads and aeroelastic
stability requirements. Also, the effects
of freeplay on fatigue and damage
tolerance must be considered when
showing compliance with § 25.571.
4. The folding wingtips and their
operating mechanism must be designed
for 65 knot, horizontal, ground-gust
conditions in any direction as specified
in § 25.415(a). Relevant design
conditions must be defined using
combinations of steady wind and taxi
speeds determined by rational analysis
utilizing airport wind data. The folding
wingtip is not a control surface as
specified in § 25.415(b). Therefore, in
lieu of the equation provided in
§ 25.415(b), the hinge moment may be
calculated from rational wind-tunnel
data. The 1.25 factor specified in
§ 25.415(d) need not be applied to the
portion of the system that is isolated in
flight and is not critical for safe flight
and landing. The folding-wingtip
system must be designed for the
conditions specified in § 25.415(e), (f),
and (g). Runway roughness, as specified
in § 25.491, must be evaluated
separately up to the maximum relevant
airplane ground speeds. All of the above
conditions must be applied to the
folding wingtips in the extended (flight-
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deployed), folded, and transient
positions.
5. The airplane must demonstrate
acceptable handling qualities during
rollout in a crosswind environment, as
wingtips transition from the flightdeployed to folded position, as well as
during the unlikely event of asymmetric
wingtip folding.
6. The wingtip-fold operating
mechanism must have stops that
positively limit the range of motion of
the wingtips. Each stop must be
designed to the requirements of
§ 25.675.
7. The wingtip hinge structure must
be designed for inertia loads acting
parallel to the hinge line. In the absence
of more rational data, the inertia loads
may be assumed to be equal to KW as
referenced in § 25.393. Hinge design
must meet the requirements of § 25.657.
8. In lieu of § 25.1385(b): The forward
position lights must be installed such
that they consist of a red and a green
light spaced laterally as far apart as
practicable, and installed forward on the
airplane, so that, with the airplane in
the normal flying position and with the
wingtips in the folded position for
ground operations, the red light is on
the left side and the green light is on the
right side at approximately the level of
the wingtips in the takeoff
configuration. Each light must be
approved and must meet the
requirements of § 25.1385(a) and (d).
The lights must not impair the vision of
the flightcrew when the wingtips are in
the folded and transient positions.
9. The applicant must include design
features that ensure the wingtips are
properly secured during ground
operations, to protect ground personnel
from bodily injury as well as to prevent
damage to the airframe, ground
structure, and ground support
equipment.
10. The wingtips must have means to
safeguard against unlocking from the
extended, flight-deployed position in
flight, as a result of failures, including
the failure of any single structural
element. All sources of airplane power
that could initiate unlocking of the
wingtips must be automatically isolated
from the wingtip-fold operating system
(including the latching and locking
system) prior to flight, and it must not
be possible to restore power to the
system during flight. The wingtip
latching and locking mechanisms must
be designed so that, under all airplane
flight-load conditions, no force or torque
can unlatch or unlock the mechanisms.
The latching system must include a
means to secure the latches in the
latched position, independent of the
locking system. It must not be possible
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to position the lock in the locked
position if the latches and the latching
mechanisms are not in the latched
position, and it must not be possible to
unlatch the latches with the locks in the
locked position.
Issued in Des Moines, Washington, on May
11, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy
and Innovation Division, Aircraft
Certification Service.
[FR Doc. 2018–10576 Filed 5–17–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 864
[Docket No. FDA–2016–N–0406]
Medical Devices; Hematology and
Pathology Devices; Classification of
Blood Establishment Computer
Software and Accessories
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA, Agency, or we) is
issuing a final rule to classify blood
establishment computer software
(BECS) and BECS accessories (regulated
under product code MMH) into class II
(special controls). FDA has identified
special controls for BECS and BECS
accessories that are necessary to provide
a reasonable assurance of safety and
effectiveness. FDA is also giving notice
that the Agency does not intend to
exempt BECS and BECS accessories
from premarket notification
requirements of the Federal Food, Drug,
and Cosmetic Act (FD&C Act).
DATES: This rule is effective June 18,
2018.
ADDRESSES: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and insert the
docket number found in brackets in the
heading of this final rule into the
‘‘Search’’ box and follow the prompts,
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Jessica Walker Udechukwu, Center for
Biologics Evaluation and Research,
Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm.
7301, Silver Spring, MD 20993–0002,
240–402–7911.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
A. Purpose of the Final Rule
B. Summary of the Major Provisions of the
Final Rule
C. Legal Authority
D. Costs and Benefits
II. Background
A. Need for the Regulation/History of This
Rulemaking
B. Summary of Comments to the Proposed
Rule
III. Legal Authority
IV. Comments on the Proposed Rule and FDA
Response
A. Introduction
B. Specific Comments and FDA Response
V. Effective Date
VI. Economic Analysis of Impacts
VII. Analysis of Environmental Impact
VIII. Paperwork Reduction Act of 1995
IX. Federalism
X. Consultation and Coordination With
Indian Tribal Governments
XI. References
I. Executive Summary
A. Purpose of the Final Rule
FDA is classifying BECS and BECS
accessories into class II (special
controls). The Agency believes that the
special controls established and
imposed by this final rule, together with
the general controls, will provide
reasonable assurance of the safety and
effectiveness of these devices. In this
final rule, FDA is also revising the
definition of BECS accessories from the
definition in the proposed rule and
responding to comments received on the
proposed rule. Lastly, FDA is giving
notice that the Agency does not intend
to exempt BECS and BECS accessories
from the premarket notification
requirements of the FD&C Act.
B. Summary of the Major Provisions of
the Final Rule
In this final rule, FDA is classifying
BECS and BECS accessories into class II
(special controls). This rule creates
§ 864.9165 in 21 CFR part 864, subpart
J, to include the identification and
classification of BECS and BECS
accessories. The classification of BECS
and BECS accessories is consistent with
the FDA Blood Product Advisory
Committee (BPAC) recommendation
that the devices be classified as class II
(special controls) devices with
premarket review.
C. Legal Authority
We are issuing this final rule under
section 513(a)(1)(B) of the FD&C Act (21
U.S.C. 360c(a)(1)(B)). FDA has the
authority under this provision of the
FD&C Act to issue a regulation to
establish special controls for class II
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]]>Agencies
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23209-23212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10576]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2017-0636; Special Conditions No. 25-726-SC]
Special Conditions: The Boeing Company Model 777-8 and 777-9
Airplanes; Folding Wingtips
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
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SUMMARY: These special conditions are issued for The Boeing Company
(Boeing) Model 777-8 and 777-9 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 design feature is folding wingtips. 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 June 18, 2018.
FOR FURTHER INFORMATION CONTACT: Ian Won, FAA, Airframe and Cabin
Safety Section, AIR-675, Policy and Innovation Division, Transport
Standards Branch, Aircraft Certification Service, 2200 South 216th St.,
Des Moines, Washington, 98198-6547; telephone 206-231-3217.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2017 (for the Model 777-8 airplane), and May 12, 2015
(for the 777-9 airplane), Boeing applied for an amendment to Type
Certificate (TC) No. T00001SE to include the new Model 777-8 and 777-9
airplanes. These airplanes are constructed with new carbon-fiber-
reinforced plastic (CFRP) wings with folding wingtips.
[[Page 23210]]
The Model 777-9 airplane, a derivative of the Model 777-300ER
airplane currently approved under TC No. T00001SE, is a stretched-
fuselage, large, twin-engine airplane with seating for 408 passengers
and a maximum takeoff weight of 775,000 pounds.
The Model 777-8 airplane, a shortened-body derivative of the Model
777-9 airplane, is a large, twin-engine airplane with seating for 359
passengers and a maximum takeoff weight of 775,000 pounds.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Boeing must show that the Model 777-8 and 777-9 airplanes
meet the applicable provisions of the regulations listed in TC No.
T00001SE, 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 777-8 and 777-9 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 777-8 and 777-9 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 Features
The Boeing Model 777-8 and 777-9 airplanes will incorporate the
following novel or unusual design features: CFRP wings with folding
wingtips.
Boeing will incorporate this on-ground wingtip-fold capability to
reduce the wingspan from 235 to 212 feet when folded. These folding
wingtips comply with Code E gate \1\ compatibility when folded during
ground operations.
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\1\ A Code E gate is designed to accommodate aircraft wingspans
between 170.6 ft. (52m) and 213.3 ft. (65m), and outer main-gear
wheel spans between 29.5 ft. (9m) and 45.9 ft. (14m). Boeing 777
airplanes are in this gate-code category.
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Discussion
Boeing will add folding wingtips to their Model 777-8 and 777-9
airplane wings to maintain Code E gate compatibility when folded during
ground operations. This wing-folding feature will be operable on the
ground only. Boeing has no plan to carry fuel in the folding sections
of the wings.
Boeing has determined that a catastrophic event could occur if the
Model 777-8 and 777-9 airplane wingtips are not properly positioned and
secured for takeoff and during flight. In service, numerous takeoff
operations with improper airplane configurations have occurred due to
failures of the takeoff warning systems, or inadvertent crew actions.
For these special conditions, a parallel is drawn between taking off
with gust locks engaged and taking off with the wingtips folded, as
either condition could result in a catastrophic event. Consequently,
the FAA has determined that the level of safety in protecting a
misconfigured airplane from takeoff with wingtips folded should be the
same as taking off with the gust locks engaged. Therefore, condition 2
of these special conditions has the same intent as Sec. 25.679(a)(2).
Per Sec. 25.1309, the applicant must show that such an event is
extremely improbable, must not result from a single failure, and that
appropriate alerting must be provided for the crew to manage unsafe
system-operating conditions. In addition, the applicant must ensure
that the wingtips are properly secured during ground operations to
protect ground personnel against bodily injury.
Factors to be considered when showing compliance to these special
conditions include, but are not limited to:
With wingtips in the folded position, the conventional
airplane-wingtip-position lights may have reduced visibility due to the
upward position of the wingtips, possibly impacting ground-operation
safety. Light placement may require special consideration to retain the
current ground-operation safety, and mitigate any adverse impact this
light position may have on pilot visibility during night-lighting
conditions.
Due to upward wingtip positioning on the ground,
significant loads may be imposed by wind gusts combined with taxi speed
during the transition from the unfolded to the folded position.
The FAA issued Policy Statement No. PS-ANM-25-12,
``Certification of Structural Elements in Flight Control Systems,'' to
address structural elements in systems that act as both structure and
as part of a system. This policy provides additional guidance on the
appropriate application of the fatigue and damage-tolerance
requirements of Sec. 25.571, and the system-safety requirements of
Sec. Sec. 25.671 and 25.1309.
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. 25-17-02-SC for the
Boeing Model 777-8 and 777-9 airplanes was published in the Federal
Register on November 1, 2017 (82 FR 50581). The FAA received responses
from four commenters.
Commenter 1: Air Line Pilots Association (ALPA)
ALPA stated that the special conditions should require
demonstration of ground-handling effects due to the folding wingtips,
and implementing a robust flight-test procedure to evaluate the effects
of the folding wingtips during landing rollout and taxi under high
crosswind and gust conditions, to ensure no exceptional piloting skill
is required during these operations. ALPA also suggests including,
within the Boeing Model 777 series airplane flight manual, the
crosswind conditions under which the folding wingtips were studied.
The FAA notes that demonstration of acceptable handling qualities
is required by special condition 5 as written. The method of compliance
demonstration, and associated documentation, is outside the scope of
these special conditions, and the special conditions remain adopted as
proposed.
Commenter 2
One commenter suggested various means for the applicant to address
the special conditions, for example, the need for additional power cut
outs that are separate circuits. The FAA partially agrees with the
commenter, noting that special conditions are performance standards
that may be satisfied by various means, including those the commenter
proposed. However, the method of compliance demonstration is outside
the scope of these special
[[Page 23211]]
conditions. Therefore, the special conditions remain adopted as
proposed.
Commenter 3
One commenter expressed concern that the special conditions may be
confusing to the United States Congress. The FAA responds that special
conditions are part of the Executive Branch rulemaking process, which
is independent of the United States Congress lawmaking process. Special
conditions are unique to aircraft certification and, therefore, are
written with the aerospace-industry audience in mind. The special
conditions remain adopted as proposed.
Commenter 4
One commenter stated concern over the applicability of these
special conditions to future models on the Boeing Model 777 airplane
type certificate. Should Boeing 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 that model as well. The FAA responds that these special conditions
provide requirements for a safe design for folding wingtips on future
Model 777 airplane derivatives, as well as on the current Model 777
airplanes. These special conditions will ensure that future models
incorporating the same novel or unusual design feature meet the level
of safety equivalent to that established in the regulations.
The commenter suggested that the 1.25 factor specified in Sec.
25.415(d) be applied to the portion of the system that is isolated in-
flight, and is not critical for safe flight and landing. The FAA
disagrees with the comment. The structure the commenter addressed has
no impact on safety of flight. Additionally, the special conditions
require that the wingtips must have a means by which to safeguard
against unlocking from the extended, flight-deployed position in-flight
because of failures, including the failure of any single structural
element. The special conditions remain adopted as proposed.
The commenter suggested that the airplane must demonstrate
acceptable handling qualities during rollout in a crosswind
environment, as the wingtips transition from the flight-deployed to
folded position, and transitioning from the folded to the flight-
deployed position, as well as during the unlikely event of asymmetric
wingtip folding. The FAA agrees with the comment, but it is the FAA's
position that the special conditions, as proposed, indicate that the
airplane must exhibit acceptable handling qualities under normal and
asymmetric operation. The special conditions remain adopted as
proposed.
The commenter suggested that the FAA repeat the Sec. 25.675 text
in special condition 6, in lieu of only referencing Sec. 25.675 in the
special condition. The FAA finds that the special condition has the
same legal effect either way, and finds no advantage to repeating the
text of Sec. 25.675 in special condition 6.
Applicability
As discussed above, these special conditions are applicable to
Boeing Model 777-8 and 777-9 airplanes. Should Boeing 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 that model as well.
Conclusion
This action affects only a certain novel or unusual design feature
on one model series 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 Boeing Model 777-8 and 777-9
airplanes.
Note: The term ``latch'' refers to the mechanism that allows the
wingtip to carry flight loads in the down (flight-deployed)
position. The term ``lock'' refers to the mechanism that prevents
disconnection of the latch when the wing tip is down.
1. More than one means must be available to alert the flightcrew
that the wingtips are not properly positioned and secured prior to
takeoff. Each of these means must be unique in their wingtip-monitoring
function. When meeting this condition, the applicant must add a
function to the takeoff warning system, as required by Sec.
25.703(a)(1) and (2), to warn of an unlocked or improperly positioned
wingtip, including indication to the flightcrew when a wingtip is in
the folded position during taxi.
2. In addition to a takeoff warning in accordance with Sec.
25.703, a means must be provided to prevent airplane takeoff if a
wingtip is not properly positioned and secured for flight.
3. The applicant must consider the effects of folding-wingtip
freeplay when evaluating compliance to the design load requirements of
14 CFR part 25, subpart C, and the aeroelastic stability (including
flutter, divergence, control reversal, and any undue loss of stability
and control as a result of structural deformation) requirements of
Sec. 25.629. Thus, the effects of normal wear, and other long-term
durability conditions (such as corrosion) of the folding-wingtip
operating mechanism on freeplay, and its impact on loads and
aeroelastic stability, must be considered. Where freeplay limitations
are required to ensure aeroelastic stability, acceptable freeplay
limits and freeplay check procedures must be established. If
lubrication is required to control excessive wear, lubrication
intervals must be established. These procedures and limitations must be
documented in accordance with Sec. 25.1529. The freeplay-check and
mechanism-lubrication intervals, if required, must be documented as a
certification maintenance requirement (CMR). Guidance for CMRs can be
found in Advisory Circular 25-19A, ``Certification Maintenance
Requirements.'' The effects of freeplay on wing-joint torsional and
bending stiffness, as well as wing frequencies, must be evaluated when
showing compliance to loads and aeroelastic stability requirements.
Also, the effects of freeplay on fatigue and damage tolerance must be
considered when showing compliance with Sec. 25.571.
4. The folding wingtips and their operating mechanism must be
designed for 65 knot, horizontal, ground-gust conditions in any
direction as specified in Sec. 25.415(a). Relevant design conditions
must be defined using combinations of steady wind and taxi speeds
determined by rational analysis utilizing airport wind data. The
folding wingtip is not a control surface as specified in Sec.
25.415(b). Therefore, in lieu of the equation provided in Sec.
25.415(b), the hinge moment may be calculated from rational wind-tunnel
data. The 1.25 factor specified in Sec. 25.415(d) need not be applied
to the portion of the system that is isolated in flight and is not
critical for safe flight and landing. The folding-wingtip system must
be designed for the conditions specified in Sec. 25.415(e), (f), and
(g). Runway roughness, as specified in Sec. 25.491, must be evaluated
separately up to the maximum relevant airplane ground speeds. All of
the above conditions must be applied to the folding wingtips in the
extended (flight-
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deployed), folded, and transient positions.
5. The airplane must demonstrate acceptable handling qualities
during rollout in a crosswind environment, as wingtips transition from
the flight-deployed to folded position, as well as during the unlikely
event of asymmetric wingtip folding.
6. The wingtip-fold operating mechanism must have stops that
positively limit the range of motion of the wingtips. Each stop must be
designed to the requirements of Sec. 25.675.
7. The wingtip hinge structure must be designed for inertia loads
acting parallel to the hinge line. In the absence of more rational
data, the inertia loads may be assumed to be equal to KW as referenced
in Sec. 25.393. Hinge design must meet the requirements of Sec.
25.657.
8. In lieu of Sec. 25.1385(b): The forward position lights must be
installed such that they consist of a red and a green light spaced
laterally as far apart as practicable, and installed forward on the
airplane, so that, with the airplane in the normal flying position and
with the wingtips in the folded position for ground operations, the red
light is on the left side and the green light is on the right side at
approximately the level of the wingtips in the takeoff configuration.
Each light must be approved and must meet the requirements of Sec.
25.1385(a) and (d). The lights must not impair the vision of the
flightcrew when the wingtips are in the folded and transient positions.
9. The applicant must include design features that ensure the
wingtips are properly secured during ground operations, to protect
ground personnel from bodily injury as well as to prevent damage to the
airframe, ground structure, and ground support equipment.
10. The wingtips must have means to safeguard against unlocking
from the extended, flight-deployed position in flight, as a result of
failures, including the failure of any single structural element. All
sources of airplane power that could initiate unlocking of the wingtips
must be automatically isolated from the wingtip-fold operating system
(including the latching and locking system) prior to flight, and it
must not be possible to restore power to the system during flight. The
wingtip latching and locking mechanisms must be designed so that, under
all airplane flight-load conditions, no force or torque can unlatch or
unlock the mechanisms. The latching system must include a means to
secure the latches in the latched position, independent of the locking
system. It must not be possible to position the lock in the locked
position if the latches and the latching mechanisms are not in the
latched position, and it must not be possible to unlatch the latches
with the locks in the locked position.
Issued in Des Moines, Washington, on May 11, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2018-10576 Filed 5-17-18; 8:45 am]
BILLING CODE 4910-13-P
