Special Conditions: Pro Star Aviation LLC, Bombardier Model CL-600-2B16 Airplanes; Installation of an Infrared Laser Countermeasure System, 46958-46959 [2021-17979]
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46958
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
Dated: August 18, 2021.
Laura Galban,
Federal Register Liaison, Bureau of Consumer
Financial Protection.
[FR Doc. 2021–17994 Filed 8–20–21; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2020–0893; Special
Conditions No. 25–790–SC]
Special Conditions: Pro Star Aviation
LLC, Bombardier Model CL–600–2B16
Airplanes; Installation of an Infrared
Laser Countermeasure System
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
These special conditions are
issued for the Bombardier Model CL–
600–2B16 (Bombardier) airplane. This
airplane, as modified by Pro Star
Aviation LLC (Pro Star Aviation), 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 a system that emits infrared laser
energy outside the aircraft as a
countermeasure against heat-seeking
missiles. 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 22, 2021.
FOR FURTHER INFORMATION CONTACT: Eric
Peterson, Safety Risk Management
Section, AIR–633, Policy and
Innovation Division, Aircraft
Certification Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, Washington 98198;
telephone and fax 206–231–3413; email
Eric.M.Peterson@faa.gov.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
airplane, which is a derivative of the
Bombardier Model CL–600 series
airplanes currently approved under
Type Certificate No. A21EA, is a twinengine business jet with seating for 20
passengers and two crewmembers, and
a maximum takeoff weight of 47,600
pounds.
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Pro Star Aviation must show that the
Bombardier Model CL–600–2B16
airplane, as changed, continues to meet
the applicable provisions of the
regulations listed in Type Certificate No.
A21EA, 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
(e.g., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Bombardier Model CL–600–2B16
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 applicant apply
for a supplemental type certificate to
modify any other model included on the
same type certificate 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 Bombardier Model CL–
600–2B16 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.
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.
Background
Novel or Unusual Design Features
The Bombardier Model CL–600–2B16
airplane, as modified by Pro Star
Aviation, will incorporate the following
novel or unusual design feature:
A system that emits infrared laser
energy outside the aircraft.
On December 7, 2018, Pro Star
Aviation applied for a supplemental
type certificate to install a ‘‘Large
Aircraft Infrared Countermeasure
(LAIRCM)’’ system, which directs
infrared laser energy toward heatseeking missiles, on the Bombardier
Model CL–600–2B16 airplane. This
Discussion
In recent years, in several incidents
abroad, civilian aircraft were fired upon
by man-portable air defense systems
(MANPADS). This has led several
companies to design and adapt systems
like LAIRCM for installation on civilian
aircraft, to protect those aircraft against
VerDate Sep<11>2014
16:11 Aug 20, 2021
Jkt 253001
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
heat-seeking missiles. Pro Star
Aviation’s LAIRCM system directs
infrared laser energy toward an
incoming missile, in an effort to
interrupt the missile’s tracking of the
aircraft’s heat.
Infrared laser energy can pose a
hazard to persons on the aircraft, on the
ground, and on other aircraft. The risk
is heightened because infrared light is
invisible to the human eye. Human
exposure to infrared laser energy can
result in eye and skin damage, and
affect a flight crew’s ability to control
the aircraft. Infrared laser energy can
also affect other aircraft, whether
airborne or on the ground, and property,
such as fuel trucks and airport
equipment, in a manner that adversely
affects aviation safety.
FAA design standards for transport
category airplanes did not envisage that
a design feature could project infrared
laser energy outside the airplane. The
FAA’s design standards are inadequate
to address this capability. Therefore,
this system is a novel or unusual design
feature, and the FAA has developed
these special conditions to establish a
level of safety equivalent to that of the
regulations.
Special conditions are also warranted,
per 14 CFR 21.16, because FAA design
standards are inappropriate for this
design feature. 14 CFR 25.1301 requires
installed equipment to be of a design
that is appropriate for its intended
function. The FAA has no basis to
determine whether this LAIRCM system
will successfully perform its intended
function of thwarting heat-seeking
missiles.
Ground Activation. Condition 1
requires the design to have means to
prevent inadvertent operation of the
system while the airplane is on the
ground, including during maintenance.
These means must identify and address
all foreseeable failure modes that may
result in inadvertent operation. These
modes include errors in airplane
maintenance and operating procedures,
such as erroneously setting the system
to ‘‘air’’ mode while the airplane is on
the ground. The applicant could show
such failure modes, their risks, and how
they will be addressed, by conducting
safety assessments and incorporating
prevention strategies into the design.
In-Flight Activation. Condition 2
requires that the system be designed so
that in-flight operation does not result
in damage to the airplane or to other
aircraft, or injury to any person. To
account for these effects, the applicant’s
analysis should include effects from the
system’s erroneous operation, from
system failures, and from failures that
may not be readily detectable prior to
E:\FR\FM\23AUR1.SGM
23AUR1
jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
flight (i.e., latent failures). The applicant
may address this condition through
safety assessments and incorporation of
prevention strategies into its design. The
‘‘operation’’ addressed by Condition 2
includes all operation of the system,
whether intentional, inadvertent, or
automatic.
Markings, instructions, and other
information. Conditions 3, 4, and 5 are
intended to protect certain categories of
persons based upon their expected
interaction with the system. These
conditions require the design to supply
certain safety information to these
persons.
Condition 3 requires the design to
provide pertinent laser-safety
information to maintenance and service
personnel at the location of the
installation. At a minimum, such
‘‘pertinent’’ information will include
information about potential hazards to
persons who are using optical
magnification devices, such as
magnifying glasses or binoculars. The
warning information should be
consistent with the laser’s classification
in 21 CFR 1040.
Condition 4 requires the airplane
instructions for continued airworthiness
to contain the appropriate warnings
related to the laser’s classification. Like
the warning information to be provided
at the location of the laser system’s
installation, the purpose of this
condition is to ensure any person
maintaining the system is aware of the
hazards, including those related to the
use of magnifying glasses or binoculars.
Condition 5 requires the applicant to
update the airplane operating
limitations and information required
under 14 CFR 25.1581. The airplane
flight-manual supplement insert must
describe the intended function of the
LAIRCM system, its intended operation,
and the phases of flight in which it may
be used. The insert also must add a
caution that describes the significant
risk of injury the LAIRCM system poses
to others while in proximity to other
aircraft, airports, and populated areas.
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.
These special conditions, and the
corresponding supplemental type
certificate for the installation of this
system, do not constitute approval to
operate the system. FAA Advisory
Circular 70–1, ‘‘Outdoor Laser
Operations,’’ provides guidance on
obtaining operational approval.
VerDate Sep<11>2014
16:11 Aug 20, 2021
Jkt 253001
Discussion of Comments
The FAA issued Notice of Proposed
Special Conditions No. 25–21–02–SC
for the Bombardier Model CL–600–2B16
airplane, as modified by Pro Star
Aviation, which was published in the
Federal Register on June 24, 2021 (86
FR 33147). The FAA received one
comment supporting the proposed
special conditions as they apply to the
installation of a LAIRCM system ‘‘. . .
on the specific model of aircraft.’’
Applicability
As discussed above, these special
conditions are applicable to the
Bombardier Model CL–600–2B16
airplane with the Pro Star Aviation
LAIRCM system installed. Should Pro
Star Aviation apply at a later date for a
supplemental type certificate to modify
any other model included on Type
Certificate No. A21EA to incorporate 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 of airplane. It is not a rule of
general applicability and affects only
the applicant.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
The authority citation for these
special conditions is as follows:
damage, or through distraction or
incapacitation of crew.
3. Laser-safety information for
maintaining or servicing the airplane
must be prominently placarded on the
airplane or LAIRCM system at the
location of the laser installation.
4. Instructions for continued
airworthiness for installation, removal,
and maintenance of the LAIRCM system
must contain warnings appropriate to
the laser classification concerning the
hazards associated with exposure to
laser radiation. This includes
instructions regarding potential hazards
to personnel who are using optical
magnification devices such as
magnifying glasses or binoculars.
5. The airplane flight manual
supplement (AFMS) must describe the
intended functions of the installed laser
systems, to include identifying the
intended operations and phases of
flight. The AFMS must state:
CAUTION: The operation of the
installed laser system could pose
significant risk of injury to others while
in proximity to other aircraft, airports,
and populated areas.
Issued in Washington, DC, on August 17,
2021.
Erik Brown,
Acting Manager, Systems Policy Branch,
Policy and Innovation Division, Aircraft
Certification Service.
[FR Doc. 2021–17979 Filed 8–20–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, 44704.
Federal Aviation Administration
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 Bombardier
Model CL–600–2B16 airplane with the
LAIRCM system, as modified by Pro
Star Aviation.
1. The system must have means that
prevent the inadvertent activation of the
system on the ground, including during
airplane maintenance and ground
handling. Such means must address all
foreseeable failure modes and operating
and maintenance errors.
2. The system must be designed so
that its operation in-flight does not
result in damage to the airplane or other
aircraft, or injury to any person.
Operation of the system must not be
capable of compromising continued safe
flight and landing of other aircraft and
the airplane on which it is installed,
either by direct damage, laser-reflective
14 CFR Part 39
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
46959
[Docket No. FAA–2021–0373; Project
Identifier MCAI–2020–01352–R; Amendment
39–21668; AD 2021–16–06]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2020–19–
11 for certain Leonardo S.p.a. Model
A119 and AW119 MKII helicopters. AD
2020–19–11 required repetitive
borescope inspections of the 90-degree
tail rotor gearbox (TGB) and depending
on the inspection results, removing the
TGB from service. This AD was
prompted by the determination that
additional parts may be susceptible to
the unsafe condition. This AD retains
SUMMARY:
E:\FR\FM\23AUR1.SGM
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Agencies
[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46958-46959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17979]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2020-0893; Special Conditions No. 25-790-SC]
Special Conditions: Pro Star Aviation LLC, Bombardier Model CL-
600-2B16 Airplanes; Installation of an Infrared Laser Countermeasure
System
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Bombardier Model
CL-600-2B16 (Bombardier) airplane. This airplane, as modified by Pro
Star Aviation LLC (Pro Star Aviation), 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 a system that emits infrared laser energy outside the
aircraft as a countermeasure against heat-seeking missiles. 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 22, 2021.
FOR FURTHER INFORMATION CONTACT: Eric Peterson, Safety Risk Management
Section, AIR-633, Policy and Innovation Division, Aircraft
Certification Service, Federal Aviation Administration, 2200 South
216th Street, Des Moines, Washington 98198; telephone and fax 206-231-
3413; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2018, Pro Star Aviation applied for a supplemental
type certificate to install a ``Large Aircraft Infrared Countermeasure
(LAIRCM)'' system, which directs infrared laser energy toward heat-
seeking missiles, on the Bombardier Model CL-600-2B16 airplane. This
airplane, which is a derivative of the Bombardier Model CL-600 series
airplanes currently approved under Type Certificate No. A21EA, is a
twin-engine business jet with seating for 20 passengers and two
crewmembers, and a maximum takeoff weight of 47,600 pounds.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Pro Star Aviation must show that the Bombardier Model CL-
600-2B16 airplane, as changed, continues to meet the applicable
provisions of the regulations listed in Type Certificate No. A21EA, 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 (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Bombardier Model CL-600-2B16
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 applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate 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 Bombardier Model CL-600-2B16 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.
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 Bombardier Model CL-600-2B16 airplane, as modified by Pro Star
Aviation, will incorporate the following novel or unusual design
feature:
A system that emits infrared laser energy outside the aircraft.
Discussion
In recent years, in several incidents abroad, civilian aircraft
were fired upon by man-portable air defense systems (MANPADS). This has
led several companies to design and adapt systems like LAIRCM for
installation on civilian aircraft, to protect those aircraft against
heat-seeking missiles. Pro Star Aviation's LAIRCM system directs
infrared laser energy toward an incoming missile, in an effort to
interrupt the missile's tracking of the aircraft's heat.
Infrared laser energy can pose a hazard to persons on the aircraft,
on the ground, and on other aircraft. The risk is heightened because
infrared light is invisible to the human eye. Human exposure to
infrared laser energy can result in eye and skin damage, and affect a
flight crew's ability to control the aircraft. Infrared laser energy
can also affect other aircraft, whether airborne or on the ground, and
property, such as fuel trucks and airport equipment, in a manner that
adversely affects aviation safety.
FAA design standards for transport category airplanes did not
envisage that a design feature could project infrared laser energy
outside the airplane. The FAA's design standards are inadequate to
address this capability. Therefore, this system is a novel or unusual
design feature, and the FAA has developed these special conditions to
establish a level of safety equivalent to that of the regulations.
Special conditions are also warranted, per 14 CFR 21.16, because
FAA design standards are inappropriate for this design feature. 14 CFR
25.1301 requires installed equipment to be of a design that is
appropriate for its intended function. The FAA has no basis to
determine whether this LAIRCM system will successfully perform its
intended function of thwarting heat-seeking missiles.
Ground Activation. Condition 1 requires the design to have means to
prevent inadvertent operation of the system while the airplane is on
the ground, including during maintenance. These means must identify and
address all foreseeable failure modes that may result in inadvertent
operation. These modes include errors in airplane maintenance and
operating procedures, such as erroneously setting the system to ``air''
mode while the airplane is on the ground. The applicant could show such
failure modes, their risks, and how they will be addressed, by
conducting safety assessments and incorporating prevention strategies
into the design.
In-Flight Activation. Condition 2 requires that the system be
designed so that in-flight operation does not result in damage to the
airplane or to other aircraft, or injury to any person. To account for
these effects, the applicant's analysis should include effects from the
system's erroneous operation, from system failures, and from failures
that may not be readily detectable prior to
[[Page 46959]]
flight (i.e., latent failures). The applicant may address this
condition through safety assessments and incorporation of prevention
strategies into its design. The ``operation'' addressed by Condition 2
includes all operation of the system, whether intentional, inadvertent,
or automatic.
Markings, instructions, and other information. Conditions 3, 4, and
5 are intended to protect certain categories of persons based upon
their expected interaction with the system. These conditions require
the design to supply certain safety information to these persons.
Condition 3 requires the design to provide pertinent laser-safety
information to maintenance and service personnel at the location of the
installation. At a minimum, such ``pertinent'' information will include
information about potential hazards to persons who are using optical
magnification devices, such as magnifying glasses or binoculars. The
warning information should be consistent with the laser's
classification in 21 CFR 1040.
Condition 4 requires the airplane instructions for continued
airworthiness to contain the appropriate warnings related to the
laser's classification. Like the warning information to be provided at
the location of the laser system's installation, the purpose of this
condition is to ensure any person maintaining the system is aware of
the hazards, including those related to the use of magnifying glasses
or binoculars.
Condition 5 requires the applicant to update the airplane operating
limitations and information required under 14 CFR 25.1581. The airplane
flight-manual supplement insert must describe the intended function of
the LAIRCM system, its intended operation, and the phases of flight in
which it may be used. The insert also must add a caution that describes
the significant risk of injury the LAIRCM system poses to others while
in proximity to other aircraft, airports, and populated areas.
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.
These special conditions, and the corresponding supplemental type
certificate for the installation of this system, do not constitute
approval to operate the system. FAA Advisory Circular 70-1, ``Outdoor
Laser Operations,'' provides guidance on obtaining operational
approval.
Discussion of Comments
The FAA issued Notice of Proposed Special Conditions No. 25-21-02-
SC for the Bombardier Model CL-600-2B16 airplane, as modified by Pro
Star Aviation, which was published in the Federal Register on June 24,
2021 (86 FR 33147). The FAA received one comment supporting the
proposed special conditions as they apply to the installation of a
LAIRCM system ``. . . on the specific model of aircraft.''
Applicability
As discussed above, these special conditions are applicable to the
Bombardier Model CL-600-2B16 airplane with the Pro Star Aviation LAIRCM
system installed. Should Pro Star Aviation apply at a later date for a
supplemental type certificate to modify any other model included on
Type Certificate No. A21EA to incorporate 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 of airplane. It is not a rule of general applicability and
affects only the applicant.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(f), 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 Bombardier Model CL-600-2B16
airplane with the LAIRCM system, as modified by Pro Star Aviation.
1. The system must have means that prevent the inadvertent
activation of the system on the ground, including during airplane
maintenance and ground handling. Such means must address all
foreseeable failure modes and operating and maintenance errors.
2. The system must be designed so that its operation in-flight does
not result in damage to the airplane or other aircraft, or injury to
any person. Operation of the system must not be capable of compromising
continued safe flight and landing of other aircraft and the airplane on
which it is installed, either by direct damage, laser-reflective
damage, or through distraction or incapacitation of crew.
3. Laser-safety information for maintaining or servicing the
airplane must be prominently placarded on the airplane or LAIRCM system
at the location of the laser installation.
4. Instructions for continued airworthiness for installation,
removal, and maintenance of the LAIRCM system must contain warnings
appropriate to the laser classification concerning the hazards
associated with exposure to laser radiation. This includes instructions
regarding potential hazards to personnel who are using optical
magnification devices such as magnifying glasses or binoculars.
5. The airplane flight manual supplement (AFMS) must describe the
intended functions of the installed laser systems, to include
identifying the intended operations and phases of flight. The AFMS must
state:
CAUTION: The operation of the installed laser system could pose
significant risk of injury to others while in proximity to other
aircraft, airports, and populated areas.
Issued in Washington, DC, on August 17, 2021.
Erik Brown,
Acting Manager, Systems Policy Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2021-17979 Filed 8-20-21; 8:45 am]
BILLING CODE 4910-13-P