80_FR_47552 80 FR 47400 - Special Conditions: Bombardier Inc., Models BD-700-2A12 and BD-700-2A13 Series Airplanes; Electronic Flight Control System: Control Surface Awareness and Mode Annunciation

80 FR 47400 - Special Conditions: Bombardier Inc., Models BD-700-2A12 and BD-700-2A13 Series Airplanes; Electronic Flight Control System: Control Surface Awareness and Mode Annunciation

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 152 (August 7, 2015)

Page Range47400-47402
FR Document2015-19458

These special conditions are issued for the Bombardier Inc. Models BD-700-2A12 and BD-700-2A13 series airplanes. These airplanes will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features are a fly-by-wire electronic flight control system (EFCS) and no direct coupling from the flight deck controller to the control surface. As a result, the pilot is not aware of the actual control surface position. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 80 Issue 152 (Friday, August 7, 2015)
[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Rules and Regulations]
[Pages 47400-47402]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19458]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-2566; Special Conditions No. 25-587-SC]


Special Conditions: Bombardier Inc., Models BD-700-2A12 and BD-
700-2A13 Series Airplanes; Electronic Flight Control System: Control 
Surface Awareness and Mode Annunciation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Bombardier Inc. 
Models BD-700-2A12 and BD-700-2A13 series airplanes. These airplanes 
will have

[[Page 47401]]

novel or unusual design features when compared to the state of 
technology envisioned in the airworthiness standards for transport 
category airplanes. These design features are a fly-by-wire electronic 
flight control system (EFCS) and no direct coupling from the flight 
deck controller to the control surface. As a result, the pilot is not 
aware of the actual control surface position. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for these design features. These special conditions contain 
the additional safety standards that the Administrator considers 
necessary to establish a level of safety equivalent to that established 
by the existing airworthiness standards.

DATES: This action is effective on Bombardier Inc. on August 7, 2015. 
We must receive your comments by September 21, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-2566 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/ gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joe Jacobsen, FAA, Airplane and 
Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-2011; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: The substance of these special conditions 
has been subject to the public comment process in several prior 
instances with no substantive comments received. The FAA therefore 
finds that good cause exists for making these special conditions 
effective upon publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing 
date for comments. We may change these special conditions based on the 
comments we receive.

Background

    Bombardier Inc. located in Montreal, Canada, applied to Transport 
Canada Civil Aviation (TCCA) on January 7, 2012, and May 30, 2012, for 
two amended type certificates in the transport airplane category for 
two new airplane models designated as the BD-700-2A12 and BD-700-2A13. 
These airplanes are 19-passenger, twin-engine, ultra long-range large 
airplanes targeting the executive interior business jet market. They 
share an identical supplier base and significant common design elements 
including a fly-by-wire electronic flight control system (EFCS).

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.17, Bombardier Inc. must show that the BD-700-2A12 and BD-700-
2A13 airplanes meet the applicable provisions of 14 CFR part 25 as 
amended by Amendments 25-1 through 25-138 except for Amendment 25-137.
    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 BD-700-2A12 and BD-700-2A13 
airplanes because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same or similar 
novel or unusual design features, 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 BD-700-2A12 and BD-700-2A13 airplanes must comply with 
the fuel vent and exhaust emission requirements of 14 CFR part 34 and 
the noise certification requirements of 14 CFR part 36, and the FAA 
must issue a finding of regulatory adequacy under Sec.  611 of Public 
Law 92-574, the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The BD-700-2A12 and BD-700-2A13 airplanes will incorporate the 
following novel or unusual design features: A fly-by-wire EFCS and no 
direct coupling from the flight deck controller to the control surface. 
As a result, the pilot is not aware of the actual control surface 
position as envisioned under current airworthiness standards.

Discussion

    These special conditions require that the flightcrew receive a 
suitable flight control position annunciation when a flight condition 
exists in which nearly full surface authority (not crew-commanded) is 
being used. Suitability of such a display must take into account that 
some pilot-demanded maneuvers (e.g., rapid roll) are necessarily 
associated with intended full performance, which may saturate the 
surface. Therefore, simple alerting systems function in both intended 
and unexpected control-limiting situations. As a result, they must be 
properly balanced between providing necessary crew awareness and being 
a potential nuisance to the flightcrew. A monitoring system that 
compares airplane motion and surface deflection with the demand of the 
pilot side-stick controller could help reduce nuisance alerting.
    These special conditions also address flight control system mode 
annunciation. Suitable mode annunciation must be provided to the 
flightcrew for events that significantly change the operating mode of 
the

[[Page 47402]]

system but do not merit the classic ``failure warning.''
    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 
Bombardier Models BD-700-2A12 and BD-700-2A13 series airplanes. Should 
Bombardier Inc. apply at a later date for a change to the type 
certificate to include another model incorporating the same novel or 
unusual design features, these special conditions would apply to that 
model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on two model series of airplanes. It is not a rule of general 
applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. Therefore, the FAA has determined 
that prior public notice and comment are unnecessary, and good cause 
exists for adopting these special conditions upon publication in the 
Federal Register. The FAA is requesting comments to allow interested 
persons to submit views that may not have been submitted in response to 
the prior opportunities for comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.


0
The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for the Bombardier Inc. Models BD-700-2A12 
and BD-700-2A13 series airplanes.
    1. In addition to the requirements of Sec. Sec.  25.143, 25.671, 
and 25.672, the following requirements apply:
    a. The system design must ensure that the flightcrew is made 
suitably aware whenever the primary control means nears the limit of 
control authority.
    Note: The term ``suitably aware'' indicates annunciations provided 
to the flightcrew are appropriately balanced between nuisance and that 
necessary for crew awareness.
    b. If the design of the flight control system has multiple modes of 
operation, a means must be provided to indicate to the flightcrew any 
mode that significantly changes or degrades the normal handling or 
operational characteristics of the airplane.

    Issued in Renton, Washington, on June 17, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-19458 Filed 8-6-15; 8:45 am]
 BILLING CODE 4910-13-P



                                             47400               Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Rules and Regulations

                                                Special conditions are initially                     movement, displacement angle                          basis for the Bombardier Inc. Models
                                             applicable to the model for which they                  suitability, and axis harmony.                        BD–700–2A12 and BD–700–2A13 series
                                             are issued. Should the type certificate                   3. Inadvertent input in turbulence.                 airplanes.
                                             for that model be amended later to                        4. Inadvertent pitch-roll cross talk.               ■ In the absence of specific
                                             include any other model that                              These special conditions elaborate on               requirements for side stick controllers,
                                             incorporates the same or similar novel                  these requirements and contain the                    the following apply:
                                             or unusual design feature, the special                  additional safety standards that the                     1. Pilot strength: In lieu of the
                                             conditions would also apply to the other                Administrator considers necessary to                  ‘‘strength of pilots’’ limits shown in
                                             model under § 21.101.                                   establish a level of safety equivalent to             § 25.143(d) for pitch and roll, and in
                                                In addition to the applicable                        that established by the existing                      lieu of specific pitch force requirement
                                             airworthiness regulations and special                   airworthiness standards.                              of §§ 25.143(i)(2), 25.145(b), and
                                             conditions, the BD–700–2A12 and BD–                       The FAA Handling Qualities Rating                   25.175(d), Bombardier must show that
                                             700–2A13 airplanes must comply with                     Method (HQRM) in appendix 5 of                        the temporary and maximum prolonged
                                             the fuel vent and exhaust emission                      Advisory Circular 25–7C, ‘‘Flight Test                force levels for the side stick controllers
                                             requirements of 14 CFR part 34 and the                  Guide for Certification of Transport                  are suitable for all expected operating
                                             noise certification requirements of 14                  Category Airplanes,’’ may be used to                  conditions and configurations, whether
                                             CFR part 36, and the FAA must issue a                   show compliance.                                      normal or non-normal.
                                             finding of regulatory adequacy under                                                                             2. Pilot control authority: The
                                                                                                     Applicability                                         electronic side stick controller coupling
                                             § 611 of Public Law 92–574, the ‘‘Noise
                                             Control Act of 1972.’’                                    As discussed above, these special                   design must provide for corrective and/
                                                The FAA issues special conditions, as                conditions are applicable to the                      or overriding control inputs by either
                                             defined in 14 CFR 11.19, in accordance                  Bombardier Inc. Models BD–700–2A12                    pilot with no unsafe characteristics.
                                             with § 11.38, and they become part of                   and BD–700–2A13 series airplanes.                     Annunciation of the controller status
                                             the type-certification basis under                      Should Bombardier Inc. apply at a later               must be provided and must not be
                                             § 21.17(a)(2).                                          date for a change to the type certificate             confusing to the flightcrew.
                                                                                                     to include another model incorporating                   3. Pilot control: Bombardier must
                                             Novel or Unusual Design Feature                         the same novel or unusual design                      show by flight tests that the use of side
                                                The BD–700–2A12 and BD–700–2A13                      feature, these special conditions would               stick controllers does not produce
                                             airplanes will incorporate the following                apply to that model as well.                          unsuitable pilot-in-the-loop control
                                             novel or unusual design feature: Side                                                                         characteristics when considering
                                                                                                     Conclusion                                            precision path control/tasks and
                                             stick controllers for pitch and roll
                                             control, which are not mechanically                       This action affects only certain novel              turbulence. In addition, pitch and roll
                                             interconnected as with conventional                     or unusual design features on two                     control force and displacement
                                             wheel and column controls. These                        model series of airplanes. It is not a rule           sensitivity must be compatible, so that
                                             airplanes also have a fly-by-wire                       of general applicability.                             normal inputs on one control axis will
                                             electronic flight control system. This                    The substance of these special                      not cause significant unintentional
                                             system provides an electronic interface                 conditions has been subjected to the                  inputs on the other.
                                             between the pilot’s flight controls and                 notice and comment period in several                    Issued in Renton, Washington, on June 17,
                                             the flight control surfaces for both                    prior instances and has been derived                  2015.
                                             normal and failure states, and it                       without substantive change from those                 Jeffrey E. Duven,
                                             generates the actual surface commands                   previously issued. It is unlikely that                Manager, Transport Airplane Directorate,
                                             that provide for stability augmentation                 prior public comment would result in a                Aircraft Certification Service.
                                             and control about all three airplane                    significant change from the substance                 [FR Doc. 2015–19459 Filed 8–6–15; 8:45 am]
                                             axes. In addition, pilot control authority              contained herein. Therefore, the FAA                  BILLING CODE 4910–13–P
                                             may be uncertain, because the side                      has determined that prior public notice
                                             sticks are not mechanically                             and comment are unnecessary, and good
                                             interconnected as with conventional                     cause exists for adopting these special               DEPARTMENT OF TRANSPORTATION
                                             wheel and column controls.                              conditions upon publication in the
                                                                                                     Federal Register. The FAA is requesting               Federal Aviation Administration
                                             Discussion                                              comments to allow interested persons to
                                                Current FAA regulations do not                       submit views that may not have been                   14 CFR Part 25
                                             specifically address the use of side stick              submitted in response to the prior                    [Docket No. FAA–2015–2566; Special
                                             controllers for pitch and roll control.                 opportunities for comment described                   Conditions No. 25–587–SC]
                                             The unique features of the side stick                   above.
                                             must therefore be demonstrated through                  List of Subjects in 14 CFR Part 25                    Special Conditions: Bombardier Inc.,
                                             flight and simulator tests to have                                                                            Models BD–700–2A12 and BD–700–
                                             suitable handling and control                             Aircraft, Aviation safety, Reporting                2A13 Series Airplanes; Electronic
                                             characteristics when considering the                    and recordkeeping requirements.                       Flight Control System: Control Surface
                                             following:                                              ■ The authority citation for these                    Awareness and Mode Annunciation
                                                1. The handling qualities tasks/                     special conditions is as follows:                     AGENCY:  Federal Aviation
                                             requirements of the BD–700–2A12 and                       Authority: 49 U.S.C. 106(g), 40113, 44701,          Administration (FAA), DOT.
                                             BD–700–2A13 airplanes special
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                                                                                                     44702, 44704.                                         ACTION: Final special conditions; request
                                             conditions and other part 25 stability,                                                                       for comments.
                                             control, and maneuverability                            The Special Conditions
                                             requirements, including the effects of                  ■ Accordingly, pursuant to the authority              SUMMARY:   These special conditions are
                                             turbulence.                                             delegated to me by the Administrator,                 issued for the Bombardier Inc. Models
                                                2. General ergonomics: Arm rest                      the following special conditions are                  BD–700–2A12 and BD–700–2A13 series
                                             comfort and support, local freedom of                   issued as part of the type certification              airplanes. These airplanes will have


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                                                                 Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Rules and Regulations                                        47401

                                             novel or unusual design features when                   West Building Ground Floor at 1200                    unusual design feature, special
                                             compared to the state of technology                     New Jersey Avenue SE., Washington,                    conditions are prescribed under the
                                             envisioned in the airworthiness                         DC, between 9 a.m. and 5 p.m., Monday                 provisions of § 21.16.
                                             standards for transport category                        through Friday, except Federal holidays.                 Special conditions are initially
                                             airplanes. These design features are a                  FOR FURTHER INFORMATION CONTACT: Joe                  applicable to the model for which they
                                             fly-by-wire electronic flight control                   Jacobsen, FAA, Airplane and Flightcrew                are issued. Should the type certificate
                                             system (EFCS) and no direct coupling                    Interface Branch, ANM–111, Transport                  for that model be amended later to
                                             from the flight deck controller to the                  Airplane Directorate, Aircraft                        include any other model that
                                             control surface. As a result, the pilot is              Certification Service, 1601 Lind Avenue               incorporates the same or similar novel
                                             not aware of the actual control surface                 SW., Renton, Washington 98057–3356;                   or unusual design features, these special
                                             position. The applicable airworthiness                  telephone 425–227–2011; facsimile                     conditions would also apply to the other
                                             regulations do not contain adequate or                  425–227–1149.                                         model under § 21.101.
                                             appropriate safety standards for these                  SUPPLEMENTARY INFORMATION: The
                                                                                                                                                              In addition to the applicable
                                             design features. These special                          substance of these special conditions                 airworthiness regulations and special
                                             conditions contain the additional safety                has been subject to the public comment                conditions, the BD–700–2A12 and BD–
                                             standards that the Administrator                        process in several prior instances with               700–2A13 airplanes must comply with
                                             considers necessary to establish a level                no substantive comments received. The                 the fuel vent and exhaust emission
                                             of safety equivalent to that established                FAA therefore finds that good cause                   requirements of 14 CFR part 34 and the
                                             by the existing airworthiness standards.                exists for making these special                       noise certification requirements of 14
                                             DATES: This action is effective on                      conditions effective upon publication in              CFR part 36, and the FAA must issue a
                                             Bombardier Inc. on August 7, 2015. We                   the Federal Register.                                 finding of regulatory adequacy under
                                             must receive your comments by                                                                                 § 611 of Public Law 92–574, the ‘‘Noise
                                                                                                     Comments Invited                                      Control Act of 1972.’’
                                             September 21, 2015.
                                                                                                       We invite interested people to take                    The FAA issues special conditions, as
                                             ADDRESSES: Send comments identified                                                                           defined in 14 CFR 11.19, in accordance
                                                                                                     part in this rulemaking by sending
                                             by docket number FAA–2015–2566                                                                                with § 11.38, and they become part of
                                                                                                     written comments, data, or views. The
                                             using any of the following methods:                                                                           the type-certification basis under
                                                                                                     most helpful comments reference a
                                                • Federal eRegulations Portal: Go to                                                                       § 21.17(a)(2).
                                                                                                     specific portion of the special
                                             http://www.regulations.gov/ and follow
                                                                                                     conditions, explain the reason for any                Novel or Unusual Design Features
                                             the online instructions for sending your
                                                                                                     recommended change, and include
                                             comments electronically.                                                                                         The BD–700–2A12 and BD–700–2A13
                                                                                                     supporting data.
                                                • Mail: Send comments to Docket                        We will consider all comments we                    airplanes will incorporate the following
                                             Operations, M–30, U.S. Department of                    receive on or before the closing date for             novel or unusual design features: A fly-
                                             Transportation (DOT), 1200 New Jersey                   comments. We may change these special                 by-wire EFCS and no direct coupling
                                             Avenue SE., Room W12–140, West                          conditions based on the comments we                   from the flight deck controller to the
                                             Building Ground Floor, Washington, DC                   receive.                                              control surface. As a result, the pilot is
                                             20590–0001.                                                                                                   not aware of the actual control surface
                                                • Hand Delivery or Courier: Take                     Background                                            position as envisioned under current
                                             comments to Docket Operations in                           Bombardier Inc. located in Montreal,               airworthiness standards.
                                             Room W12–140 of the West Building                       Canada, applied to Transport Canada
                                             Ground Floor at 1200 New Jersey                                                                               Discussion
                                                                                                     Civil Aviation (TCCA) on January 7,
                                             Avenue SE., Washington, DC, between 9                   2012, and May 30, 2012, for two                          These special conditions require that
                                             a.m. and 5 p.m., Monday through                         amended type certificates in the                      the flightcrew receive a suitable flight
                                             Friday, except Federal holidays.                        transport airplane category for two new               control position annunciation when a
                                                • Fax: Fax comments to Docket                        airplane models designated as the BD–                 flight condition exists in which nearly
                                             Operations at 202–493–2251.                             700–2A12 and BD–700–2A13. These                       full surface authority (not crew-
                                                Privacy: The FAA will post all                       airplanes are 19-passenger, twin-engine,              commanded) is being used. Suitability
                                             comments it receives, without change,                   ultra long-range large airplanes targeting            of such a display must take into account
                                             to http://www.regulations.gov/,                         the executive interior business jet                   that some pilot-demanded maneuvers
                                             including any personal information the                  market. They share an identical supplier              (e.g., rapid roll) are necessarily
                                             commenter provides. Using the search                    base and significant common design                    associated with intended full
                                             function of the docket Web site, anyone                 elements including a fly-by-wire                      performance, which may saturate the
                                             can find and read the electronic form of                electronic flight control system (EFCS).              surface. Therefore, simple alerting
                                             all comments received into any FAA                                                                            systems function in both intended and
                                             docket, including the name of the                       Type Certification Basis                              unexpected control-limiting situations.
                                             individual sending the comment (or                         Under the provisions of Title 14, Code             As a result, they must be properly
                                             signing the comment for an association,                 of Federal Regulations (14 CFR) 21.17,                balanced between providing necessary
                                             business, labor union, etc.). DOT’s                     Bombardier Inc. must show that the BD–                crew awareness and being a potential
                                             complete Privacy Act Statement can be                   700–2A12 and BD–700–2A13 airplanes                    nuisance to the flightcrew. A monitoring
                                             found in the Federal Register published                 meet the applicable provisions of 14                  system that compares airplane motion
                                             on April 11, 2000 (65 FR 19477–19478),                  CFR part 25 as amended by                             and surface deflection with the demand
                                             as well as at http://DocketsInfo.dot.                   Amendments 25–1 through 25–138                        of the pilot side-stick controller could
                                             gov/.
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                                                                                                     except for Amendment 25–137.                          help reduce nuisance alerting.
                                                Docket: Background documents or                         If the Administrator finds that the                   These special conditions also address
                                             comments received may be read at                        applicable airworthiness regulations                  flight control system mode
                                             http://www.regulations.gov/ at any time.                (i.e., 14 CFR part 25) do not contain                 annunciation. Suitable mode
                                             Follow the online instructions for                      adequate or appropriate safety standards              annunciation must be provided to the
                                             accessing the docket or go to the Docket                for the BD–700–2A12 and BD–700–                       flightcrew for events that significantly
                                             Operations in Room W12–140 of the                       2A13 airplanes because of a novel or                  change the operating mode of the


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                                             47402               Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Rules and Regulations

                                             system but do not merit the classic                        Note: The term ‘‘suitably aware’’                  Entity List. Lastly, this final rule makes
                                             ‘‘failure warning.’’                                    indicates annunciations provided to the               a change to the Russian industry sector
                                                These special conditions contain the                 flightcrew are appropriately balanced                 sanctions by clarifying the additional
                                             additional safety standards that the                    between nuisance and that necessary for               prohibition on those informed by BIS
                                             Administrator considers necessary to                    crew awareness.                                       also includes end-uses that are within
                                             establish a level of safety equivalent to                  b. If the design of the flight control             the scope of the Russian Industry sector
                                             that established by the existing                        system has multiple modes of operation,               sanctions.
                                             airworthiness standards.                                a means must be provided to indicate to               DATES: This rule is effective August 7,
                                             Applicability                                           the flightcrew any mode that                          2015.
                                                                                                     significantly changes or degrades the
                                               As discussed above, these special                                                                           FOR FURTHER INFORMATION CONTACT: For
                                                                                                     normal handling or operational
                                             conditions are applicable to the                                                                              this Entity List-related change, contact
                                                                                                     characteristics of the airplane.
                                             Bombardier Models BD–700–2A12 and                                                                             the Chair, End-User Review Committee,
                                                                                                       Issued in Renton, Washington, on June 17,           Office of the Assistant Secretary, Export
                                             BD–700–2A13 series airplanes. Should
                                                                                                     2015.                                                 Administration, Bureau of Industry and
                                             Bombardier Inc. apply at a later date for
                                                                                                     Jeffrey E. Duven,                                     Security, Department of Commerce,
                                             a change to the type certificate to
                                             include another model incorporating the                 Manager, Transport Airplane Directorate,              Phone: (202) 482–5991, Fax: (202) 482–
                                                                                                     Aircraft Certification Service.                       3911, Email: ERC@bis.doc.gov. For the
                                             same novel or unusual design features,
                                             these special conditions would apply to                 [FR Doc. 2015–19458 Filed 8–6–15; 8:45 am]            Russian industry sector sanctions
                                             that model as well.                                     BILLING CODE 4910–13–P                                referred to in this rule, contact Eileen
                                                                                                                                                           Albanese, Director, Office of National
                                             Conclusion                                                                                                    Security and Technology Transfer
                                               This action affects only certain novel                DEPARTMENT OF COMMERCE                                Controls, Bureau of Industry and
                                             or unusual design features on two                                                                             Security, Department of Commerce,
                                             model series of airplanes. It is not a rule             Bureau of Industry and Security                       Phone: (202) 482–0092, Fax: (202) 482–
                                             of general applicability.                                                                                     482–3355, Email: rpd2@bis.doc.gov. For
                                               The substance of these special                        15 CFR Parts 744 and 746                              emails, include ‘‘Russia’’ in the subject
                                             conditions has been subjected to the                    [Docket No. 150610514–5514–01]                        line.
                                             notice and comment period in several                                                                          SUPPLEMENTARY INFORMATION:
                                             prior instances and has been derived                    RIN 0694–AG66
                                             without substantive change from those                                                                         Background
                                             previously issued. It is unlikely that                  Russian Sanctions: Addition to the
                                                                                                                                                              This final rule amends the Export
                                             prior public comment would result in a                  Entity List To Prevent Violations of
                                                                                                                                                           Administration Regulations (EAR) to
                                             significant change from the substance                   Russian Industry Sector Sanctions
                                                                                                                                                           further implement U.S. sanctions on
                                             contained herein. Therefore, the FAA                    AGENCY:  Bureau of Industry and                       certain Russian energy projects.
                                             has determined that prior public notice                 Security, Commerce.                                   Specifically, in this rule, the Bureau of
                                             and comment are unnecessary, and good                   ACTION: Final rule.                                   Industry and Security (BIS) amends the
                                             cause exists for adopting these special                                                                       EAR by adding a Russian oil and gas
                                             conditions upon publication in the                      SUMMARY:    This final rule amends the                field, the Yuzhno-Kirinskoye Field
                                             Federal Register. The FAA is requesting                 Export Administration Regulations                     located in the Sea of Okhotsk, to the
                                             comments to allow interested persons to                 (EAR) to further implement U.S.                       Entity List.
                                             submit views that may not have been                     sanctions on certain Russian energy                      This Russian field is reported to
                                             submitted in response to the prior                      projects. Specifically, in this rule, the             contain substantial reserves of oil in
                                             opportunities for comment described                     Bureau of Industry and Security (BIS)                 addition to reserves of gas. The U.S.
                                             above.                                                  amends the EAR by adding a Russian oil                Government has determined, therefore,
                                                                                                     and gas field, the Yuzhno-Kirinskoye                  that exports, reexports, and transfers (in-
                                             List of Subjects in 14 CFR Part 25                      Field located in the Sea of Okhotsk, to               country) of all items subject to the EAR
                                               Aircraft, Aviation safety, Reporting                  the Entity List. This Russian field is                to this Russian field by any person
                                             and recordkeeping requirements.                         reported to contain substantial reserves              without first obtaining a BIS license
                                             ■ The authority citation for these                      of oil in addition to reserves of gas. The            present an unacceptable risk of use in,
                                             special conditions is as follows:                       U.S. Government has determined,                       or diversion to, the activities specified
                                                                                                     therefore, that exports, reexports, and               in the Russian industry sector sanctions.
                                               Authority: 49 U.S.C. 106(g), 40113, 44701,
                                             44702, 44704.                                           transfers (in-country) of all items subject           Thus, as part of the BIS ‘‘is informed’’
                                                                                                     to the EAR to this Russian field by any               process, this final rule adds this Russian
                                             The Special Conditions                                  person without first obtaining a BIS                  field to the Entity List to further
                                             ■ Accordingly, pursuant to the authority                license present an unacceptable risk of               implement the Russian industry sector
                                             delegated to me by the Administrator,                   use in, or diversion to, the activities               sanctions. This Russian field will be
                                             the following special conditions are                    specified in the Russian industry sector              listed on the Entity List under the
                                             issued as part of the type certification                sanctions. Thus, as part of the BIS ‘‘is              destination of Russia.
                                             basis for the Bombardier Inc. Models                    informed’’ process, this final rule adds
                                                                                                     this Russian field to the Entity List to              Entity List
                                             BD–700–2A12 and BD–700–2A13 series
                                             airplanes.                                              further implement the Russian industry                  The Entity List (Supplement No. 4 to
                                                                                                     sector sanctions. This Russian field will             Part 744) identifies entities and other
rmajette on DSK2TPTVN1PROD with RULES




                                                1. In addition to the requirements of
                                             §§ 25.143, 25.671, and 25.672, the                      be listed on the Entity List under the                persons reasonably believed to be
                                             following requirements apply:                           destination of Russia. This final rule                involved, or to pose a significant risk of
                                                a. The system design must ensure that                clarifies the introductory text of the                being or becoming involved, in
                                             the flightcrew is made suitably aware                   Entity List to specify that the embargoes             activities contrary to the national
                                             whenever the primary control means                      and other special controls part of the                security or foreign policy interests of the
                                             nears the limit of control authority.                   EAR is also used to add entities to the               United States. The EAR imposes


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Document Created: 2015-12-15 10:57:23
Document Modified: 2015-12-15 10:57:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions; request for comments.
DatesThis action is effective on Bombardier Inc. on August 7, 2015. We must receive your comments by September 21, 2015.
ContactJoe Jacobsen, FAA, Airplane and Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2011; facsimile 425-227-1149.
FR Citation80 FR 47400 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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