80 FR 55226 - Special Conditions: Dassault Aviation Model Falcon 5X Airplane, Pilot-Compartment View Through Hydrophobic Windshield Coatings in Lieu of Windshield Wipers

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 178 (September 15, 2015)

Page Range		55226-55228
FR Document		2015-23099

These special conditions are issued for the Dassault Model Falcon 5X airplane. This airplane 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 hydrophobic windshield coatings in lieu of windshield wipers. 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.

Federal Register, Volume 80 Issue 178 (Tuesday, September 15, 2015)

[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Rules and Regulations]
[Pages 55226-55228]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-23099]

[[Page 55226]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-1075; Special Conditions No. 25-599-SC]

Special Conditions: Dassault Aviation Model Falcon 5X Airplane,
Pilot-Compartment View Through Hydrophobic Windshield Coatings in Lieu
of Windshield Wipers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comment.

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SUMMARY: These special conditions are issued for the Dassault Model
Falcon 5X airplane. This airplane 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 hydrophobic windshield coatings in lieu of windshield
wipers. 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 Dassault Aviation on September 15,
2015. We must receive your comments by October 30, 2015.

ADDRESSES: Send comments identified by docket number FAA-2014-1075
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/.
Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Bob Hettman, ANM-112, Transport
Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue
SW., Renton, Washington 98057-3356; telephone (425) 227-2683; facsimile
(425) 227-1149.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplane(s).
In addition, 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 by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

On July 1, 2012, Dassault Aviation applied for a type certificate
for their new Model Falcon 5X airplane.
The Model Falcon 5X airplane is a large, transport-category
airplane to be operated in private/corporate transportation with a
maximum of 19 passengers. The airplane incorporates a low, swept-wing
design with winglets; twin rear-fuselage-mounted engines; and the
newest generation of Dassault Aviation's EASy flightdeck.

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, Dassault Aviation must show that the Model Falcon 5X
airplane meets the applicable provisions of part 25, as amended by
Amendments 25-1 through 25-136.
The certification basis includes certain special conditions,
exemptions, or later amended sections of the applicable part that are
not relevant to these special conditions.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model Falcon 5X 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 type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Model Falcon 5X airplane must comply with the fuel-vent
and exhaust-emission requirements of part 34, and the noise-
certification requirements of 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 Dassault Model Falcon 5X airplane will incorporate the
following novel or unusual design feature:
The airplane flightdeck design incorporates a hydrophobic
windshield coating that, during precipitation, provides an adequate
outside view from the pilot compartment. Sole reliance on such a
coating, without windshield wipers, constitutes a novel or unusual
design feature for which the applicable airworthiness regulations do
not contain adequate or appropriate safety

[[Page 55227]]

standards. Therefore, special conditions are required to provide a
level of safety equivalent to that established by the regulations.

Discussion

Section 25.773(b)(1) requires a means to maintain a clear portion
of the windshield for both pilots operating a transport-category
airplane to have a sufficiently extensive view along the flight path
during precipitation conditions. The regulations require this means to
maintain such an area of clear vision during heavy-rain precipitation
at airplane speeds up to 1.5 VSR1.
This requirement has existed in principle since 1953 in part 4b of
the ``Civil Air Regulations'' (CAR). Section 4b.351(b)(1) required that
``Means shall be provided for maintaining a sufficient portion of the
windshield clear so that both pilots are afforded a sufficiently
extensive view along the flight path in all normal flight attitudes of
the airplane. Such means shall be designed to function under the
following conditions without continuous attention on the part of the
crew: (i) In heavy rain at speeds up to 1.6 VS1, flaps
retracted.''
Effective December 26, 2002, Amendment 25-108 changed the speed for
effectiveness of the means to maintain an area of clear vision from up
to 1.6 VS1 to 1.5 VSR1 to accommodate the
redefinition of the reference stall speed from the minimum speed in the
stall, VS1, to greater than or equal to the 1g stall speed,
VSR1. As noted in the preamble to the final rule for that
amendment, the reduced factor of 1.5 on VSR1 is to maintain
approximately the same speed as the 1.6 factor on VS1.
The requirement that the means to maintain a clear area of forward
vision must function at high speeds and high precipitation rates is
based on the use of windshield wipers as the means to maintain an
adequate area of clear vision in precipitation conditions. The
requirement in 14 CFR 121.313(b) and 125.213(b) to provide ``. . . a
windshield wiper or equivalent for each pilot station . . .'' has
remained unchanged since at least 1953.
The effectiveness of windshield wipers to maintain an area of clear
vision normally degrades as airspeed and precipitation rates increase.
It is assumed that because high speeds and high precipitation rates
represent limiting conditions for windshield wipers, they will also be
effective at lower speeds and precipitation levels. Accordingly, Sec.
25.773(b)(1)(i) does not require maintenance of a clear area of forward
vision at lower speeds or lower precipitation rates.
A forced airflow blown directly over the windshield has also been
used to maintain an area of clear vision in precipitation. The limiting
conditions for this technology are comparable to those for windshield
wipers. Accordingly, introduction of this technology did not present a
need for special conditions to maintain the level of safety embodied in
the existing regulations.
Hydrophobic windshield coatings may depend to some degree on
airflow to maintain a clear-vision area. The heavy rain and high speed
conditions specified in the current rule do not necessarily represent
the limiting condition for this new technology. For example, airflow
over the windshield, which may be necessary to remove moisture from the
windshield, may not be adequate to maintain a sufficiently clear-vision
area of the windshield in low-speed flight or during surface
operations. Alternatively, airflow over the windshield may be disturbed
during such critical times as the approach to land, where the airplane
is at a higher-than-normal pitch attitude. In these cases, areas of
airflow disturbance or separation on the windshield could cause failure
to maintain a clear-vision area on the windshield.
In addition to potentially depending on airflow to function
effectively, hydrophobic coatings may also be dependent on water-
droplet size for effective precipitation removal. For example,
precipitation in the form of a light mist may not be sufficient for the
coating's properties to result in maintaining a clear area of vision.
The current regulations identify speed and precipitation rate
requirements that represent limiting conditions for windshield wipers
and blowers, but not for hydrophobic coatings. Likewise, it is
necessary to issue special conditions to maintain the level of safety
represented by the current regulations.
These special conditions provide an appropriate safety standard for
the hydrophobic-coating technology as the means to maintain a clear
area of vision by requiring the coating to be effective at low speeds
and low precipitation rates, as well as at the higher speeds and
precipitation rates identified in the current regulation. These special
conditions are the only new or changed requirements relative to those
in Sec. 25.773(b)(1) at Amendment 25-108.
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
Dassault Falcon 5X airplane. Should Dassault apply at a later date for
a change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.

Conclusion

This action affects only certain novel or unusual design features
on the Dassault Falcon 5X airplane. 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, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, 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.

The authority citation for these special conditions is as follows:

Authority: 49106(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 Dassault Falcon 5X airplanes.
The airplane must have a means to maintain a clear portion of the
windshield, during precipitation conditions, enough for both pilots to
have a sufficiently extensive view along the ground or flight path in
normal taxi and flight attitudes of the airplane. This means must be
designed to function, without continuous attention on the part of the
flightcrew, in conditions from light misting precipitation to heavy
rain, at speeds from fully stopped in still air, to 1.5 VSR1
with lift and drag devices retracted.

[[Page 55228]]

Issued in Renton, Washington, on September 9, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-23099 Filed 9-14-15; 8:45 am]
BILLING CODE 4910-13-P

Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations 55227

standards. Therefore, special conditions A forced airflow blown directly over Applicability
are required to provide a level of safety the windshield has also been used to As discussed above, these special
equivalent to that established by the maintain an area of clear vision in conditions are applicable to the Dassault
regulations. precipitation. The limiting conditions Falcon 5X airplane. Should Dassault
for this technology are comparable to apply at a later date for a change to the
Discussion
those for windshield wipers. type certificate to include another
Section 25.773(b)(1) requires a means Accordingly, introduction of this model incorporating the same novel or
to maintain a clear portion of the technology did not present a need for unusual design feature, the special
windshield for both pilots operating a special conditions to maintain the level conditions would apply to that model as
transport-category airplane to have a of safety embodied in the existing well.
sufficiently extensive view along the regulations.
flight path during precipitation Hydrophobic windshield coatings Conclusion
conditions. The regulations require this may depend to some degree on airflow This action affects only certain novel
means to maintain such an area of clear to maintain a clear-vision area. The or unusual design features on the
vision during heavy-rain precipitation at heavy rain and high speed conditions Dassault Falcon 5X airplane. It is not a
airplane speeds up to 1.5 VSR1. specified in the current rule do not rule of general applicability.
This requirement has existed in necessarily represent the limiting The substance of these special
principle since 1953 in part 4b of the condition for this new technology. For conditions has been subjected to the
‘‘Civil Air Regulations’’ (CAR). Section example, airflow over the windshield, notice and comment period in several
4b.351(b)(1) required that ‘‘Means shall which may be necessary to remove prior instances and has been derived
be provided for maintaining a sufficient moisture from the windshield, may not without substantive change from those
portion of the windshield clear so that be adequate to maintain a sufficiently previously issued. It is unlikely that
both pilots are afforded a sufficiently clear-vision area of the windshield in prior public comment would result in a
extensive view along the flight path in low-speed flight or during surface significant change from the substance
all normal flight attitudes of the operations. Alternatively, airflow over contained herein. Therefore, because a
airplane. Such means shall be designed the windshield may be disturbed during delay would significantly affect the
to function under the following such critical times as the approach to certification of the airplane, which is
conditions without continuous attention land, where the airplane is at a higher- imminent, the FAA has determined that
on the part of the crew: (i) In heavy rain than-normal pitch attitude. In these prior public notice and comment are
at speeds up to 1.6 VS1, flaps retracted.’’ cases, areas of airflow disturbance or unnecessary and impracticable, and
Effective December 26, 2002, separation on the windshield could good cause exists for adopting these
Amendment 25–108 changed the speed cause failure to maintain a clear-vision special conditions upon publication in
for effectiveness of the means to area on the windshield. the Federal Register. The FAA is
maintain an area of clear vision from up In addition to potentially depending requesting comments to allow interested
to 1.6 VS1 to 1.5 VSR1 to accommodate on airflow to function effectively, persons to submit views that may not
the redefinition of the reference stall hydrophobic coatings may also be have been submitted in response to the
speed from the minimum speed in the dependent on water-droplet size for prior opportunities for comment
stall, VS1, to greater than or equal to the effective precipitation removal. For described above.
1g stall speed, VSR1. As noted in the example, precipitation in the form of a
preamble to the final rule for that light mist may not be sufficient for the List of Subjects in 14 CFR Part 25
amendment, the reduced factor of 1.5 on coating’s properties to result in Aircraft, Aviation safety, Reporting
VSR1 is to maintain approximately the maintaining a clear area of vision. and recordkeeping requirements.
same speed as the 1.6 factor on VS1. The current regulations identify speed The authority citation for these
The requirement that the means to and precipitation rate requirements that special conditions is as follows:
maintain a clear area of forward vision represent limiting conditions for Authority: 49106(g), 40113, 44701, 44702,
must function at high speeds and high windshield wipers and blowers, but not 44704.
precipitation rates is based on the use of for hydrophobic coatings. Likewise, it is
windshield wipers as the means to necessary to issue special conditions to The Special Conditions
maintain an adequate area of clear maintain the level of safety represented Accordingly, pursuant to the
vision in precipitation conditions. The by the current regulations. authority delegated to me by the
requirement in 14 CFR 121.313(b) and These special conditions provide an Administrator, the following special
125.213(b) to provide ‘‘. . . a appropriate safety standard for the conditions are issued as part of the type-
windshield wiper or equivalent for each hydrophobic-coating technology as the certification basis for Dassault Falcon
pilot station . . .’’ has remained means to maintain a clear area of vision 5X airplanes.
unchanged since at least 1953. by requiring the coating to be effective The airplane must have a means to
The effectiveness of windshield at low speeds and low precipitation maintain a clear portion of the
wipers to maintain an area of clear rates, as well as at the higher speeds and windshield, during precipitation
vision normally degrades as airspeed precipitation rates identified in the conditions, enough for both pilots to
and precipitation rates increase. It is current regulation. These special have a sufficiently extensive view along
assumed that because high speeds and conditions are the only new or changed the ground or flight path in normal taxi
high precipitation rates represent requirements relative to those in and flight attitudes of the airplane. This
mstockstill on DSK4VPTVN1PROD with RULES

limiting conditions for windshield § 25.773(b)(1) at Amendment 25–108. means must be designed to function,
wipers, they will also be effective at These special conditions contain the without continuous attention on the
lower speeds and precipitation levels. additional safety standards that the part of the flightcrew, in conditions
Accordingly, § 25.773(b)(1)(i) does not Administrator considers necessary to from light misting precipitation to heavy
require maintenance of a clear area of establish a level of safety equivalent to rain, at speeds from fully stopped in
forward vision at lower speeds or lower that established by the existing still air, to 1.5 VSR1 with lift and drag
precipitation rates. airworthiness standards. devices retracted.

VerDate Sep<11>2014 19:08 Sep 14, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1

Document Created: 2015-12-15 10:09:12
Document Modified: 2015-12-15 10:09:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final special conditions; request for comment.
Dates		This action is effective on Dassault Aviation on September 15, 2015. We must receive your comments by October 30, 2015.
Contact		Bob Hettman, ANM-112, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-2683; facsimile (425) 227-1149.
FR Citation		80 FR 55226
CFR Associated		Aircraft; Aviation Safety and Reporting and Recordkeeping Requirements

80 FR 55226 - Special Conditions: Dassault Aviation Model Falcon 5X Airplane, Pilot-Compartment View Through Hydrophobic Windshield Coatings in Lieu of Windshield Wipers

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 80, Issue 178 (September 15, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration