Special Conditions: B/E Aerospace Ltd., MHI RJ Aviation ULC Model CL-600-2B19 Airplane; Installation of a Therapeutic Oxygen System for Medical Use, 33548-33550 [2023-10987]
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33548
Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
a current account or through another
process.
For these reasons, government
enforcers should consider whether a
financial institution has violated the
prohibition against unfair acts or
practices in the CFPA if they discover
that a financial institution has
unilaterally reopened accounts that
consumers previously
About Consumer Financial Protection
Circulars
Consumer Financial Protection
Circulars are issued to all parties with
authority to enforce Federal consumer
financial law. The CFPB is the principal
Federal regulator responsible for
administering Federal consumer
financial law, see 12 U.S.C. 5511,
including the Consumer Financial
Protection Act’s prohibition on unfair,
deceptive, and abusive acts or practices,
12 U.S.C. 5536(a)(1)(B), and 18 other
‘‘enumerated consumer laws,’’ 12 U.S.C.
5481(12). However, these laws are also
enforced by State attorneys general and
State regulators, 12 U.S.C. 5552, and
prudential regulators including the
Federal Deposit Insurance Corporation,
the Office of the Comptroller of the
Currency, the Board of Governors of the
Federal Reserve System, and the
National Credit Union Administration.
See, e.g., 12 U.S.C. 5516(d), 5581(c)(2)
(exclusive enforcement authority for
banks and credit unions with $10
billion or less in assets). Some Federal
consumer financial laws are also
enforceable by other Federal agencies,
including the Department of Justice and
the Federal Trade Commission, the
Farm Credit Administration, the
Department of Transportation, and the
Department of Agriculture. In addition,
some of these laws provide for private
enforcement.
Consumer Financial Protection
Circulars are intended to promote
consistency in approach across the
various enforcement agencies and
parties, pursuant to the CFPB’s statutory
objective to ensure Federal consumer
financial law is enforced consistently.
12 U.S.C. 5511(b)(4).
Consumer Financial Protection
Circulars are also intended to provide
transparency to partner agencies
regarding the CFPB’s intended approach
when cooperating in enforcement
actions. See, e.g., 12 U.S.C. 5552(b)
(consultation with CFPB by State
attorneys general and regulators); 12
U.S.C. 5562(a) (joint investigatory work
between CFPB and other agencies).
Consumer Financial Protection
Circulars are general statements of
policy under the Administrative
Procedure Act. 5 U.S.C. 553(b). They
VerDate Sep<11>2014
16:25 May 23, 2023
Jkt 259001
provide background information about
applicable law, articulate considerations
relevant to the Bureau’s exercise of its
authorities, and, in the interest of
maintaining consistency, advise other
parties with authority to enforce Federal
consumer financial law. They do not
restrict the Bureau’s exercise of its
authorities, impose any legal
requirements on external parties, or
create or confer any rights on external
parties that could be enforceable in any
administrative or civil proceeding. The
CFPB Director is instructing CFPB staff
as described herein, and the CFPB will
then make final decisions on individual
matters based on an assessment of the
factual record, applicable law, and
factors relevant to prosecutorial
discretion.
Rohit Chopra,
Director, Consumer Financial Protection
Bureau.
[FR Doc. 2023–10982 Filed 5–23–23; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2023–0068; Special
Conditions No. 25–821–SC]
Special Conditions: B/E Aerospace
Ltd., MHI RJ Aviation ULC Model CL–
600–2B19 Airplane; Installation of a
Therapeutic Oxygen System for
Medical Use
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the MHI RJ Aviation ULC
Model CL–600–2B19 airplane. This
airplane, as modified by B/E Aerospace
Ltd. (B/E Aerospace), 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 an
installation of a therapeutic oxygen
system for medical use. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
SUMMARY:
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This action is effective on B/E
Aerospace Ltd. on May 24, 2023. Send
comments on or before July 10, 2023.
ADDRESSES: Send comments identified
by Docket No. FAA–2023–0068 using
any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any
time. Follow the online instructions for
accessing the docket or go to 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:
Robert Hettman, Mechanical Systems,
AIR–623, Technical Policy Branch,
Policy and Standards Division, Aircraft
Certification Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, Washington 98198;
telephone and fax 206–231–3171; email
robert.hettman@faa.gov.
SUPPLEMENTARY INFORMATION: The
substance of these special conditions
has been published in the Federal
Register for public comment in several
prior instances with no substantive
comments received. Therefore, the FAA
finds, pursuant to § 11.38(b), that new
comments are unlikely, and notice and
comment prior to this publication are
unnecessary.
DATES:
Comments Invited
The FAA invites interested people to
take part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data.
The FAA will consider all comments
received by the closing date for
comments, and will consider comments
filed late if it is possible to do so
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Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Rules and Regulations
without incurring delay. The FAA may
change these special conditions based
on the comments received.
Privacy
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in title 14,
Code of Federal Regulations (14 CFR)
11.35, the FAA will post all comments
received without change to https://
www.regulations.gov/, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about these special
conditions.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to these special
conditions contain commercial or
financial information that is customarily
treated as private, that you actually treat
as private, and that is relevant or
responsive to these special conditions, it
is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and the
indicated comments will not be placed
in the public docket of these special
conditions. Send submissions
containing CBI to the individual listed
in the FOR FURTHER INFORMATION
CONTACT section above. Comments the
FAA receives, which are not specifically
designated as CBI, will be placed in the
public docket for these special
conditions.
ddrumheller on DSK120RN23PROD with RULES1
Background
On November 17, 2022, B/E
Aerospace applied for a supplemental
type certificate for the modification of
the oxygen distribution system on the
MHI RJ Aviation ULC Model CL–600–
2B19 airplane (type certificate
previously held by Bombardier, Inc).
This airplane, which is currently
approved under Type Certificate
A21EA–1, is a twin-engine transport
category airplane with a maximum
takeoff weight of 47,450 pounds. The
Model CL–600–2B19 (Challenger 850
series) airplane has a seating capacity of
19 passengers.
VerDate Sep<11>2014
16:25 May 23, 2023
Jkt 259001
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
B/E Aerospace must show that the MHI
RJ Aviation ULC Model CL–600–2B19
airplane, as changed, continues to meet
the applicable provisions of the
regulations listed in Type Certificate No.
A21EA–1 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 MHI RJ Aviation ULC Model CL–
600–2B19 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 MHI RJ Aviation ULC
Model CL–600–2B19 airplane 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 § 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 MHI RJ Aviation ULC Model CL–
600–2B19 airplane will incorporate the
following novel or unusual design
feature:
A modification of the oxygendistribution system that affects how the
common source of oxygen supply on
board is shared between the flightcrew
and passengers to provide supplemental
and therapeutic oxygen.
Discussion
No specific regulations address the
design and installation of required
passenger oxygen systems that share a
supply source with an optional oxygen
system used specifically for therapeutic
applications. Therapeutic oxygen
systems have been previously certified,
and were generally considered an
extension of the passenger oxygen
system for the purpose of defining the
applicable regulations. As a result,
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33549
existing requirements, such as
§§ 25.1309, 25.1441(b) and (c), 25.1451,
and 25.1453, in the MHI RJ Aviation
ULC Model CL–600–2B19 airplanes’
certification basis applicable to this STC
project, provide some design standards
appropriate for oxygen system
installations. In addition, § 25.1445
includes standards for oxygen
distribution systems when oxygen is
supplied to flightcrew and passengers. If
a common source of supply is used,
§ 25.1445(a)(2) requires a means to
separately reserve the minimum supply
required by the flightcrew.
Section 25.1445 is intended to protect
the flightcrew by ensuring that an
adequate supply of oxygen is available
to complete a descent and landing
following a loss of cabin pressure. When
the regulation was written, the only
passenger oxygen system designs were
supplemental oxygen systems intended
to protect passengers from hypoxia in
the event of a decompression. Existing
passenger oxygen systems did not
include design features that would
allow the flightcrew to control oxygen to
passengers during flight. There are no
similar requirements in § 25.1445 when
oxygen is supplied from the same
source to passengers for use during a
decompression, and for discretionary or
first-aid use any time during the flight.
In the design, the passenger and
therapeutic oxygen systems use the
same source of oxygen. These special
conditions contain additional design
requirements for the equipment
involved in this dual therapeutic oxygen
plus gaseous oxygen installation.
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.
Applicability
As discussed above, these special
conditions are applicable to the MHI RJ
Aviation ULC Model CL–600–2B19
airplane. Should B/E Aerospace apply at
a later date for a supplemental type
certificate to modify any other model
included on Type Certificate No.
A21EA–1 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 who applied to the FAA
for approval of these features on the
airplane.
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33550
Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Rules and Regulations
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, and 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 MHI RJ Aviation
ULC Model CL–600–2B19 airplanes, as
modified by B/E Aerospace Ltd.
The distribution system for the
passenger therapeutic oxygen system
must be designed and installed to meet
requirements as follows:
When oxygen is supplied to
passengers for both supplemental and
therapeutic purposes, the distribution
system must be designed for either—
(1) A source of supplemental oxygen
for protection following a loss of cabin
pressure, and a separate source for
therapeutic purposes; or
(2) A common source of supply with
means to separately reserve the
minimum supply required by the
passengers for supplemental use
following a loss of cabin pressure.
Issued in Kansas City, Missouri, on May
18, 2023.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and
Standards Division, Aircraft Certification
Service.
[FR Doc. 2023–10987 Filed 5–23–23; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Mark Kantor, Office of Nutrition and
Food Labeling (HFS–830), Center for
Food Safety and Applied Nutrition,
Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740,
240–402–1450; or Alexandra Jurewitz,
Office of Regulations and Policy (HFS–
024), Center for Food Safety and
Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–2378.
In the
Federal Register of Friday, March 24,
2023 (88 FR 17710 at 17718), an
incorrect abbreviation to ‘‘Potassium’’
appeared in § 101.9(j)(13)(ii)(B) of the
codified language. This document
corrects that error.
SUPPLEMENTARY INFORMATION:
List of Subjects in 21 CFR Part 101
Food Labeling, Nutrition, Reporting
and recordkeeping requirements.
1. The authority citation for part 101
continues to read as follows:
[Docket No. FDA–2022–N–2898]
Food Labeling, Infant Formula
Requirements, Food Additives and
Generally Recognized as Safe
Substances, New Dietary Ingredient
Notification; Technical Amendments;
Correction
ddrumheller on DSK120RN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
■
21 CFR Part 101
Food and Drug Administration,
HHS.
Final rule; technical
amendments; correction.
ACTION:
The Food and Drug
Administration is correcting a final rule
entitled ‘‘Food Labeling, Infant Formula
SUMMARY:
16:25 May 23, 2023
Effective May 24, 2023.
PART 101—FOOD LABELING
Food and Drug Administration
VerDate Sep<11>2014
DATES:
For the reasons stated in the
preamble, FDA is correcting 21 CFR part
101 with the following correcting
amendment:
BILLING CODE 4910–13–P
AGENCY:
Requirements, Food Additives and
Generally Recognized as Safe
Substances, New Dietary Ingredient
Notification; Technical Amendments’’
that appeared in the Federal Register of
March 24, 2023. The final rule corrected
typographical errors, corrected errors in
sample labels, restored inadvertent
omissions, and updated office and
organization names, addresses, and
other references. The document was
published with an incorrect
abbreviation to ‘‘Potassium’’ in the
codified language. This document
corrects that error.
Jkt 259001
Authority: 15 U.S.C. 1453, 1454, 1455; 21
U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C.
243, 264, 271.
§ 101.9
[Amended]
2. In § 101.9, amend paragraph
(j)(13)(ii)(B) by removing ‘‘Potassium—
Pot.’’ and replacing it with
‘‘Potassium—Potas.’’.
■
Dated: May 15, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023–10602 Filed 5–23–23; 8:45 am]
BILLING CODE 4164–01–P
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 27
[GN Docket No. 18–122; GN Docket No. 23–
97; DA 23–408; FR ID 141458]
Wireless Telecommunications Bureau
Announces C-Band Phase II
Certification Procedures
Federal Communications
Commission.
ACTION: Final action.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces the
procedures related to the filing of Phase
II Certifications of Accelerated
Relocation (Certifications) and
implements the Commission’s
incremental reduction plan for Phase II
Accelerated Relocation Payments
(ARPs) as part of the ongoing transition
of the 3.7 GHz band.
DATES: Effective June 1, 2023.
ADDRESSES: Federal Communications
Commission, 45 L St. NE, Washington,
DC 20554.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Susan Mort of the
Wireless Telecommunications Bureau,
at (202) 418–2429 or Susan.Mort@
fcc.gov.
SUMMARY:
This is a
summary of the document, Wireless
Telecommunications Bureau
Announces Procedures for Filing of CBand Phase II Certifications of
Accelerated Relocation and
Implementation of the Commission’s
Incremental Reduction Plan for Phase II
Accelerated Relocation Payments,
released on May 15, 2023. The full text
of this document is available for public
inspection online at https://
docs.fcc.gov/public/attachments/DA-23408A1.pdf.
1. With this document, the Bureau
adopts filing procedures for the
submission of Phase II Certifications, as
proposed in C-Band Phase II
Certification of Accelerated Relocation
Procedures and Implementation of the
Commission’s Incremental Reduction
Plan for Phase II Accelerated Relocation
Public Notice (Phase II Certification
Procedures and Incremental Reduction
Comment PN), released in March 2023
in this proceeding (88 FR 16932, Mar.
21, 2023). These procedures are
modeled after those previously adopted
for Phase I to allow eligible space
station operators to submit
Certifications, and stakeholders to file
related challenges, with respect to the
SUPPLEMENTARY INFORMATION:
E:\FR\FM\24MYR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Rules and Regulations]
[Pages 33548-33550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10987]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2023-0068; Special Conditions No. 25-821-SC]
Special Conditions: B/E Aerospace Ltd., MHI RJ Aviation ULC Model
CL-600-2B19 Airplane; Installation of a Therapeutic Oxygen System for
Medical Use
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the MHI RJ Aviation
ULC Model CL-600-2B19 airplane. This airplane, as modified by B/E
Aerospace Ltd. (B/E Aerospace), 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 an installation of a therapeutic oxygen system for medical
use. 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 B/E Aerospace Ltd. on May 24, 2023.
Send comments on or before July 10, 2023.
ADDRESSES: Send comments identified by Docket No. FAA-2023-0068 using
any of the following methods:
Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to 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: Robert Hettman, Mechanical Systems,
AIR-623, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service, Federal Aviation Administration, 2200
South 216th Street, Des Moines, Washington 98198; telephone and fax
206-231-3171; email [email protected].
SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to Sec. 11.38(b), that new comments
are unlikely, and notice and comment prior to this publication are
unnecessary.
Comments Invited
The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
The FAA will consider all comments received by the closing date for
comments, and will consider comments filed late if it is possible to do
so
[[Page 33549]]
without incurring delay. The FAA may change these special conditions
based on the comments received.
Privacy
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in title
14, Code of Federal Regulations (14 CFR) 11.35, the FAA will post all
comments received without change to https://www.regulations.gov/,
including any personal information you provide. The FAA will also post
a report summarizing each substantive verbal contact received about
these special conditions.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
these special conditions contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to these special
conditions, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and the indicated comments will not be
placed in the public docket of these special conditions. Send
submissions containing CBI to the individual listed in the For Further
Information Contact section above. Comments the FAA receives, which are
not specifically designated as CBI, will be placed in the public docket
for these special conditions.
Background
On November 17, 2022, B/E Aerospace applied for a supplemental type
certificate for the modification of the oxygen distribution system on
the MHI RJ Aviation ULC Model CL-600-2B19 airplane (type certificate
previously held by Bombardier, Inc). This airplane, which is currently
approved under Type Certificate A21EA-1, is a twin-engine transport
category airplane with a maximum takeoff weight of 47,450 pounds. The
Model CL-600-2B19 (Challenger 850 series) airplane has a seating
capacity of 19 passengers.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, B/E Aerospace must show that the MHI RJ Aviation ULC Model
CL-600-2B19 airplane, as changed, continues to meet the applicable
provisions of the regulations listed in Type Certificate No. A21EA-1 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 MHI RJ Aviation ULC Model CL-600-
2B19 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 MHI RJ Aviation ULC Model CL-600-2B19 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 Sec. 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 MHI RJ Aviation ULC Model CL-600-2B19 airplane will incorporate
the following novel or unusual design feature:
A modification of the oxygen-distribution system that affects how
the common source of oxygen supply on board is shared between the
flightcrew and passengers to provide supplemental and therapeutic
oxygen.
Discussion
No specific regulations address the design and installation of
required passenger oxygen systems that share a supply source with an
optional oxygen system used specifically for therapeutic applications.
Therapeutic oxygen systems have been previously certified, and were
generally considered an extension of the passenger oxygen system for
the purpose of defining the applicable regulations. As a result,
existing requirements, such as Sec. Sec. 25.1309, 25.1441(b) and (c),
25.1451, and 25.1453, in the MHI RJ Aviation ULC Model CL-600-2B19
airplanes' certification basis applicable to this STC project, provide
some design standards appropriate for oxygen system installations. In
addition, Sec. 25.1445 includes standards for oxygen distribution
systems when oxygen is supplied to flightcrew and passengers. If a
common source of supply is used, Sec. 25.1445(a)(2) requires a means
to separately reserve the minimum supply required by the flightcrew.
Section 25.1445 is intended to protect the flightcrew by ensuring
that an adequate supply of oxygen is available to complete a descent
and landing following a loss of cabin pressure. When the regulation was
written, the only passenger oxygen system designs were supplemental
oxygen systems intended to protect passengers from hypoxia in the event
of a decompression. Existing passenger oxygen systems did not include
design features that would allow the flightcrew to control oxygen to
passengers during flight. There are no similar requirements in Sec.
25.1445 when oxygen is supplied from the same source to passengers for
use during a decompression, and for discretionary or first-aid use any
time during the flight. In the design, the passenger and therapeutic
oxygen systems use the same source of oxygen. These special conditions
contain additional design requirements for the equipment involved in
this dual therapeutic oxygen plus gaseous oxygen installation.
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.
Applicability
As discussed above, these special conditions are applicable to the
MHI RJ Aviation ULC Model CL-600-2B19 airplane. Should B/E Aerospace
apply at a later date for a supplemental type certificate to modify any
other model included on Type Certificate No. A21EA-1 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 who applied to the FAA for approval of these
features on the airplane.
[[Page 33550]]
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, and
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 MHI RJ Aviation ULC Model CL-600-2B19
airplanes, as modified by B/E Aerospace Ltd.
The distribution system for the passenger therapeutic oxygen system
must be designed and installed to meet requirements as follows:
When oxygen is supplied to passengers for both supplemental and
therapeutic purposes, the distribution system must be designed for
either--
(1) A source of supplemental oxygen for protection following a loss
of cabin pressure, and a separate source for therapeutic purposes; or
(2) A common source of supply with means to separately reserve the
minimum supply required by the passengers for supplemental use
following a loss of cabin pressure.
Issued in Kansas City, Missouri, on May 18, 2023.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023-10987 Filed 5-23-23; 8:45 am]
BILLING CODE 4910-13-P
