80_FR_57496 80 FR 57312 - Special Conditions: Honda Aircraft Company (Honda) Model HA-420, HondaJet; Cruise Speed Control System

80 FR 57312 - Special Conditions: Honda Aircraft Company (Honda) Model HA-420, HondaJet; Cruise Speed Control System

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 184 (September 23, 2015)

Page Range57312-57314
FR Document2015-24161

This action proposes special conditions for the Honda Aircraft Company HA-420 airplane. This airplane will have a novel or unusual design feature(s) associated with the use of a cruise speed control system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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 184 (Wednesday, September 23, 2015)
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Proposed Rules]
[Pages 57312-57314]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24161]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / 
Proposed Rules

[[Page 57312]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No.FAA-2015-3880; Notice No. 23-15-05-SC]


Special Conditions: Honda Aircraft Company (Honda) Model HA-420, 
HondaJet; Cruise Speed Control System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Honda Aircraft 
Company HA-420 airplane. This airplane will have a novel or unusual 
design feature(s) associated with the use of a cruise speed control 
system. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for this design feature. These 
proposed 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: Send your comments on or before October 23, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-3880 
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 of 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://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 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: Jeff Pretz, Federal Aviation 
Administration, Small Airplane Directorate, Aircraft Certification 
Service, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816) 
329-3239; facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

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 ask 
that you send us two copies of written comments.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.

Background

    On October 11, 2006, Honda Aircraft Company applied for a type 
certificate for their new Model HA-420. On October 10, 2013, Honda 
Aircraft Company requested an extension with an effective application 
date of October 1, 2013. This extension changed the type certification 
basis to amendment 23-62.
    The HA-420 is a four to five passenger (depending on 
configuration), two crew, lightweight business jet with a 43,000-foot 
service ceiling and a maximum takeoff weight of 9963 pounds. The 
airplane is powered by two GE-Honda Aero Engines (GHAE) HF-120 turbofan 
engines.
    The HA-420 airplane will use a cruise speed control system (CSC), 
which is part of the automatic flight control system (AFCS), to reduce 
pilot workload during cruise flight only. The intended function is 
automatic airplane speed control during altitude hold AFCS mode by 
adjustment of the engine thrust within a narrow authority band 
utilizing the existing engine synchronization control. The CSC system 
does not back drive the throttles. The command authority is limited to 
values used for engine synchronization and can only be engaged when the 
throttle is positioned in a pre-determined range typically used for 
cruise power. This significantly reduces the CSC authority such that 
failure modes of the system should be minor. The proposed CSC system 
functions in a manner similar to an auto-throttle system, but has 
significantly less authority when compared to a traditional auto-
throttle system.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Honda Aircraft Company must 
show that the HA-420 meets the applicable provisions of part 23, as 
amended by amendments 23-1 through 23-62, thereto.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 23) do not contain adequate or 
appropriate safety standards for the HA-420 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 feature, the special conditions would also 
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special

[[Page 57313]]

conditions, the HA-420 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. In addition, the FAA must issue a 
finding of regulatory adequacy pursuant to section 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 HA-420 will incorporate the following novel or unusual design 
features: Cruise Speed Control system.

Discussion

    As defined in the summary section, this airplane makes use of a CSC 
system, which is a novel design for this type of airplane. The 
applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for this design feature. Mandating 
additional requirements, developed in part by adapting relevant 
portions of 14 CFR 25.1329, Automatic pilot systems, applicable to 
auto-throttle systems along with FAA experience with similar autothrust 
systems, mitigates the concerns associated with installation of the 
proposed CSC system.

Applicability

    As discussed above, these special conditions are applicable to the 
HA-420. Should Honda Aircraft Company 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 one model HA-420 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.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

    The authority citation for these special conditions is as follows:

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

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for Honda Aircraft Company HA-420 airplanes.

1. Cruise Speed Control

    In addition to the requirements of Sec. Sec.  23.143, 
Controllability and Maneuverability--General; 23.1309, Equipment, 
systems, and installations; and 23.1329, Automatic pilot system; auto 
throttle systems of limited authority that do not back drive the 
throttles and for which all failure modes are shown to be no greater 
than minor, the following requirements apply:
    (a) Quick disengagement controls for the autothrust functions must 
be provided for each pilot. Quick disengagement controls must be 
readily accessible to each pilot while operating the thrust control 
levers.
    (b) The effects of a failure of the system to disengage the 
autothrust functions when manually commanded by the pilot must be 
assessed in accordance with the requirements of Sec.  23.1309.
    (c) Engagement or switching of the flight guidance system, a mode, 
or a sensor may not cause the autothrust system to effect a transient 
response that alters the airplane's flight path any greater than a 
minor transient, as defined in paragraph (l)(1) of this section.
    (d) Under normal conditions, the disengagement of any automatic 
control function of a flight guidance system may not cause a transient 
response of the airplane's flight path any greater than a minor 
transient.
    (e) Under rare normal and non-normal conditions, disengagement of 
any automatic control function of a flight guidance system may not 
result in a transient any greater than a significant transient, as 
defined in paragraph (l)(2) of this section.
    (f) The function and direction of motion of each command reference 
control (such as CSC) must be plainly indicated on, or adjacent to, 
each control, if necessary to prevent inappropriate use or confusion.
    (g) Under any condition of flight appropriate to its use, the 
flight guidance system may not produce hazardous loads on the airplane, 
nor create hazardous deviations in the flight path. This applies to 
both fault-free operation and in the event of a malfunction, and 
assumes that the pilot begins corrective action within a reasonable 
period of time.
    (h) When the flight guidance system is in use, a means must be 
provided to avoid excursions beyond an acceptable margin from the speed 
range of the normal flight envelope. If the airplane experiences an 
excursion outside this range, a means must be provided to prevent the 
flight guidance system from providing guidance or control to an unsafe 
speed.
    (i) The flight guidance system functions, controls, indications, 
and alerts must be designed to minimize flightcrew errors and confusion 
concerning the behavior and operation of the flight guidance system. 
Means must be provided to indicate the current mode of operation, 
including any armed modes, transitions, and reversions. Selector switch 
position is not an acceptable means of indication. The controls and 
indications must be grouped and presented in a logical and consistent 
manner. The indications must be visible to each pilot under all 
expected lighting conditions.
    (j) Following disengagement of the autothrust function, a caution 
(visual and, unless there are no misleading or hazardous consequences 
associated with its absence, auditory) must be provided to each pilot.
    (k) During autothrust operation, it must be possible for the 
flightcrew to move the thrust levers without requiring excessive force. 
The autothrust may not create a potential hazard when the flightcrew 
applies an override force to the thrust levers.
    (l) For purposes of this section, a transient is a disturbance in 
the control or flight path of the airplane that is not consistent with 
response to flightcrew inputs or environmental conditions.
    (1) A minor transient would not significantly reduce safety margins 
and would involve flightcrew actions that are well within their 
capabilities. A minor transient may involve a slight increase in 
flightcrew workload or some physical discomfort to passengers or cabin 
crew.
    (2) A significant transient may lead to a significant reduction in 
safety margins, an increase in flightcrew workload, discomfort to the 
flightcrew, or physical distress to the passengers or cabin crew, 
possibly including non-fatal injuries. Significant transients do not 
require, in order to remain within or recover to the normal flight 
envelope, any of the following:
    (i) Exceptional piloting skill, alertness, or strength.
    (ii) Forces applied by the pilot which are greater than those 
specified in Sec.  23.143(c).
    (iii) Accelerations or attitudes in the airplane that might result 
in further hazard to secured or non-secured occupants.


[[Page 57314]]


    Issued in Kansas City, Missouri, on September 14, 2015.
Mel Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-24161 Filed 9-22-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                57312

                                                Proposed Rules                                                                                                Federal Register
                                                                                                                                                              Vol. 80, No. 184

                                                                                                                                                              Wednesday, September 23, 2015



                                                This section of the FEDERAL REGISTER                      • Fax: Fax comments to Docket                       1, 2013. This extension changed the
                                                contains notices to the public of the proposed          Operations at 202–493–2251.                           type certification basis to amendment
                                                issuance of rules and regulations. The                    Privacy: The FAA will post all                      23–62.
                                                purpose of these notices is to give interested          comments it receives, without change,                    The HA–420 is a four to five
                                                persons an opportunity to participate in the            to http://regulations.gov, including any              passenger (depending on configuration),
                                                rule making prior to the adoption of the final                                                                two crew, lightweight business jet with
                                                                                                        personal information the commenter
                                                rules.
                                                                                                        provides. Using the search function of                a 43,000-foot service ceiling and a
                                                                                                        the docket Web site, anyone can find                  maximum takeoff weight of 9963
                                                DEPARTMENT OF TRANSPORTATION                            and read the electronic form of all                   pounds. The airplane is powered by two
                                                                                                        comments received into any FAA                        GE-Honda Aero Engines (GHAE) HF–
                                                Federal Aviation Administration                         docket, including the name of the                     120 turbofan engines.
                                                                                                        individual sending the comment (or                       The HA–420 airplane will use a cruise
                                                14 CFR Part 23                                          signing the comment for an association,               speed control system (CSC), which is
                                                                                                        business, labor union, etc.). DOT’s                   part of the automatic flight control
                                                [Docket No.FAA–2015–3880; Notice No. 23–                                                                      system (AFCS), to reduce pilot workload
                                                15–05–SC]                                               complete Privacy Act Statement can be
                                                                                                        found in the Federal Register published               during cruise flight only. The intended
                                                Special Conditions: Honda Aircraft                      on April 11, 2000 (65 FR 19477–19478),                function is automatic airplane speed
                                                Company (Honda) Model HA–420,                           as well as at http://DocketsInfo.dot.gov.             control during altitude hold AFCS mode
                                                HondaJet; Cruise Speed Control                            Docket: Background documents or                     by adjustment of the engine thrust
                                                System                                                  comments received may be read at                      within a narrow authority band utilizing
                                                                                                        http://www.regulations.gov at any time.               the existing engine synchronization
                                                AGENCY: Federal Aviation                                Follow the online instructions for                    control. The CSC system does not back
                                                Administration (FAA), DOT.                              accessing the docket or go to the Docket              drive the throttles. The command
                                                ACTION: Notice of proposed special                      Operations in Room W12–140 of the                     authority is limited to values used for
                                                conditions.                                             West Building Ground Floor at 1200                    engine synchronization and can only be
                                                                                                        New Jersey Avenue SE., Washington,                    engaged when the throttle is positioned
                                                SUMMARY:   This action proposes special                                                                       in a pre-determined range typically used
                                                conditions for the Honda Aircraft                       DC, between 9 a.m., and 5 p.m., Monday
                                                                                                        through Friday, except Federal holidays.              for cruise power. This significantly
                                                Company HA–420 airplane. This                                                                                 reduces the CSC authority such that
                                                airplane will have a novel or unusual                   FOR FURTHER INFORMATION CONTACT: Jeff
                                                                                                                                                              failure modes of the system should be
                                                design feature(s) associated with the use               Pretz, Federal Aviation Administration,
                                                                                                                                                              minor. The proposed CSC system
                                                of a cruise speed control system. The                   Small Airplane Directorate, Aircraft
                                                                                                                                                              functions in a manner similar to an
                                                applicable airworthiness regulations do                 Certification Service, 901 Locust, Room
                                                                                                                                                              auto-throttle system, but has
                                                not contain adequate or appropriate                     301, Kansas City, MO 64106; telephone
                                                                                                                                                              significantly less authority when
                                                safety standards for this design feature.               (816) 329–3239; facsimile (816) 329–
                                                                                                                                                              compared to a traditional auto-throttle
                                                These proposed special conditions                       4090.
                                                                                                                                                              system.
                                                contain the additional safety standards                 SUPPLEMENTARY INFORMATION:
                                                that the Administrator considers                                                                              Type Certification Basis
                                                necessary to establish a level of safety                Comments Invited                                         Under the provisions of 14 CFR 21.17,
                                                equivalent to that established by the                      We invite interested people to take                Honda Aircraft Company must show
                                                existing airworthiness standards.                       part in this rulemaking by sending                    that the HA–420 meets the applicable
                                                DATES: Send your comments on or                         written comments, data, or views. The                 provisions of part 23, as amended by
                                                before October 23, 2015.                                most helpful comments reference a                     amendments 23–1 through 23–62,
                                                ADDRESSES: Send comments identified                     specific portion of the special                       thereto.
                                                by docket number FAA–2015–3880                          conditions, explain the reason for any                   If the Administrator finds that the
                                                using any of the following methods:                     recommended change, and include                       applicable airworthiness regulations
                                                  • Federal eRegulations Portal: Go to                  supporting data. We ask that you send                 (i.e., 14 CFR part 23) do not contain
                                                http://www.regulations.gov and follow                   us two copies of written comments.                    adequate or appropriate safety standards
                                                the online instructions for sending your                   We will consider all comments we                   for the HA–420 because of a novel or
                                                comments electronically.                                receive on or before the closing date for             unusual design feature, special
                                                  • Mail: Send comments to Docket                       comments. We will consider comments                   conditions are prescribed under the
                                                Operations, M–30, U.S. Department of                    filed late if it is possible to do so                 provisions of § 21.16.
                                                Transportation (DOT), 1200 New Jersey                   without incurring expense or delay. We                   Special conditions are initially
                                                Avenue SE., Room W12–140, West                          may change these special conditions                   applicable to the model for which they
                                                Building Ground Floor, Washington, DC                   based on the comments we receive.                     are issued. Should the type certificate
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                20590–0001.                                                                                                   for that model be amended later to
                                                  • Hand Delivery of Courier: Take                      Background                                            include any other model that
                                                comments to Docket Operations in                          On October 11, 2006, Honda Aircraft                 incorporates the same or similar novel
                                                Room W12–140 of the West Building                       Company applied for a type certificate                or unusual design feature, the special
                                                Ground Floor at 1200 New Jersey                         for their new Model HA–420. On                        conditions would also apply to the other
                                                Avenue SE., Washington, DC, between 9                   October 10, 2013, Honda Aircraft                      model under § 21.101.
                                                a.m., and 5 p.m., Monday through                        Company requested an extension with                      In addition to the applicable
                                                Friday, except Federal holidays.                        an effective application date of October              airworthiness regulations and special


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                                                                  Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Proposed Rules                                          57313

                                                conditions, the HA–420 must comply                      the type certification basis for Honda                range, a means must be provided to
                                                with the fuel vent and exhaust emission                 Aircraft Company HA–420 airplanes.                    prevent the flight guidance system from
                                                requirements of 14 CFR part 34 and the                                                                        providing guidance or control to an
                                                                                                        1. Cruise Speed Control
                                                noise certification requirements of 14                                                                        unsafe speed.
                                                CFR part 36. In addition, the FAA must                     In addition to the requirements of
                                                                                                                                                                 (i) The flight guidance system
                                                issue a finding of regulatory adequacy                  §§ 23.143, Controllability and
                                                                                                                                                              functions, controls, indications, and
                                                pursuant to section 611 of Public Law                   Maneuverability—General; 23.1309,
                                                                                                                                                              alerts must be designed to minimize
                                                92–574, the ‘‘Noise Control Act of                      Equipment, systems, and installations;
                                                                                                        and 23.1329, Automatic pilot system;                  flightcrew errors and confusion
                                                1972.’’                                                                                                       concerning the behavior and operation
                                                   The FAA issues special conditions, as                auto throttle systems of limited
                                                                                                        authority that do not back drive the                  of the flight guidance system. Means
                                                defined in 14 CFR 11.19, in accordance
                                                                                                        throttles and for which all failure modes             must be provided to indicate the current
                                                with § 11.38, and they become part of
                                                                                                        are shown to be no greater than minor,                mode of operation, including any armed
                                                the type-certification basis under
                                                                                                        the following requirements apply:                     modes, transitions, and reversions.
                                                § 21.17(a)(2).
                                                                                                           (a) Quick disengagement controls for               Selector switch position is not an
                                                Novel or Unusual Design Features                        the autothrust functions must be                      acceptable means of indication. The
                                                  The HA–420 will incorporate the                       provided for each pilot. Quick                        controls and indications must be
                                                following novel or unusual design                       disengagement controls must be readily                grouped and presented in a logical and
                                                features: Cruise Speed Control system.                  accessible to each pilot while operating              consistent manner. The indications
                                                                                                        the thrust control levers.                            must be visible to each pilot under all
                                                Discussion                                                 (b) The effects of a failure of the                expected lighting conditions.
                                                  As defined in the summary section,                    system to disengage the autothrust                       (j) Following disengagement of the
                                                this airplane makes use of a CSC system,                functions when manually commanded                     autothrust function, a caution (visual
                                                which is a novel design for this type of                by the pilot must be assessed in                      and, unless there are no misleading or
                                                airplane. The applicable airworthiness                  accordance with the requirements of                   hazardous consequences associated
                                                regulations do not contain adequate or                  § 23.1309.                                            with its absence, auditory) must be
                                                appropriate safety standards for this                      (c) Engagement or switching of the                 provided to each pilot.
                                                design feature. Mandating additional                    flight guidance system, a mode, or a
                                                requirements, developed in part by                      sensor may not cause the autothrust                      (k) During autothrust operation, it
                                                adapting relevant portions of 14 CFR                    system to effect a transient response that            must be possible for the flightcrew to
                                                25.1329, Automatic pilot systems,                       alters the airplane’s flight path any                 move the thrust levers without requiring
                                                applicable to auto-throttle systems along               greater than a minor transient, as                    excessive force. The autothrust may not
                                                with FAA experience with similar                        defined in paragraph (l)(1) of this                   create a potential hazard when the
                                                autothrust systems, mitigates the                       section.                                              flightcrew applies an override force to
                                                concerns associated with installation of                   (d) Under normal conditions, the                   the thrust levers.
                                                the proposed CSC system.                                disengagement of any automatic control                   (l) For purposes of this section, a
                                                                                                        function of a flight guidance system may              transient is a disturbance in the control
                                                Applicability                                           not cause a transient response of the                 or flight path of the airplane that is not
                                                  As discussed above, these special                     airplane’s flight path any greater than a             consistent with response to flightcrew
                                                conditions are applicable to the HA–                    minor transient.                                      inputs or environmental conditions.
                                                420. Should Honda Aircraft Company                         (e) Under rare normal and non-normal
                                                                                                                                                                 (1) A minor transient would not
                                                apply at a later date for a change to the               conditions, disengagement of any
                                                                                                                                                              significantly reduce safety margins and
                                                type certificate to include another                     automatic control function of a flight
                                                                                                                                                              would involve flightcrew actions that
                                                model incorporating the same novel or                   guidance system may not result in a
                                                                                                                                                              are well within their capabilities. A
                                                unusual design feature, the special                     transient any greater than a significant
                                                                                                                                                              minor transient may involve a slight
                                                conditions would apply to that model as                 transient, as defined in paragraph (l)(2)
                                                                                                                                                              increase in flightcrew workload or some
                                                well.                                                   of this section.
                                                                                                           (f) The function and direction of                  physical discomfort to passengers or
                                                Conclusion                                                                                                    cabin crew.
                                                                                                        motion of each command reference
                                                  This action affects only certain novel                control (such as CSC) must be plainly                    (2) A significant transient may lead to
                                                or unusual design features on one model                 indicated on, or adjacent to, each                    a significant reduction in safety
                                                HA–420 airplane. It is not a rule of                    control, if necessary to prevent                      margins, an increase in flightcrew
                                                general applicability and affects only                  inappropriate use or confusion.                       workload, discomfort to the flightcrew,
                                                the applicant who applied to the FAA                       (g) Under any condition of flight                  or physical distress to the passengers or
                                                for approval of these features on the                   appropriate to its use, the flight                    cabin crew, possibly including non-fatal
                                                airplane.                                               guidance system may not produce                       injuries. Significant transients do not
                                                                                                        hazardous loads on the airplane, nor                  require, in order to remain within or
                                                List of Subjects in 14 CFR Part 23
                                                                                                        create hazardous deviations in the flight             recover to the normal flight envelope,
                                                  Aircraft, Aviation safety, Signs and                  path. This applies to both fault-free                 any of the following:
                                                symbols.                                                operation and in the event of a                          (i) Exceptional piloting skill,
                                                  The authority citation for these                      malfunction, and assumes that the pilot               alertness, or strength.
                                                special conditions is as follows:
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                        begins corrective action within a
                                                                                                        reasonable period of time.                               (ii) Forces applied by the pilot which
                                                  Authority: 49 U.S.C. 106(g), 40113, 44701,                                                                  are greater than those specified in
                                                44702, 44704.                                              (h) When the flight guidance system
                                                                                                        is in use, a means must be provided to                § 23.143(c).
                                                The Proposed Special Conditions                         avoid excursions beyond an acceptable                    (iii) Accelerations or attitudes in the
                                                  Accordingly, the Federal Aviation                     margin from the speed range of the                    airplane that might result in further
                                                Administration (FAA) proposes the                       normal flight envelope. If the airplane               hazard to secured or non-secured
                                                following special conditions as part of                 experiences an excursion outside this                 occupants.


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                                                57314             Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Proposed Rules

                                                  Issued in Kansas City, Missouri, on                   ADDRESSES:   You may submit comments                  February 21, 2014; and 79 FR 10104,
                                                September 14, 2015.                                     on this document, identified by the code              February 24, 2014). This document
                                                Mel Johnson,                                            NOAA–NMFS–2015–0071, by either of                     addresses the 12-month findings for two
                                                Acting Manager, Small Airplane Directorate,             the following methods:                                of these species: Gulf grouper
                                                Aircraft Certification Service.                            • Electronic Submission: Submit all                (Mycteroperca jordani) and island
                                                [FR Doc. 2015–24161 Filed 9–22–15; 8:45 am]             electronic public comments via the                    grouper (Mycteroperca fusca). The
                                                BILLING CODE 4910–13–P                                  Federal eRulemaking Portal. Go to                     status of the findings and relevant
                                                                                                        www.regulations.gov/                                  Federal Register notices for the other 21
                                                                                                        #!docketDetail;D=NOAA-NMFS-2015-                      species and 3 subpopulations can be
                                                                                                        0071. Click the ‘‘Comment Now’’ icon,                 found on our Web site at http://
                                                DEPARTMENT OF COMMERCE                                                                                        www.nmfs.noaa.gov/pr/species/
                                                                                                        complete the required fields. Enter or
                                                National Oceanic and Atmospheric                        attach your comments.                                 petition81.htm.
                                                Administration                                             • Mail: Submit written comments to,                   We are responsible for determining
                                                                                                        Ron Salz, NMFS Office of Protected                    whether species are threatened or
                                                                                                        Resources (F/PR3), 1315 East West                     endangered under the ESA (16 U.S.C.
                                                50 CFR Parts 223 and 224
                                                                                                        Highway, Silver Spring, MD 20910,                     1531 et seq.). To make this
                                                [Docket No. 150527481–5834–01]                          USA.                                                  determination, we consider first
                                                                                                           Instructions: Comments sent by any                 whether a group of organisms
                                                RIN 0648–XD971                                          other method, to any other address or                 constitutes a ‘‘species’’ under the ESA,
                                                                                                        individual, or received after the end of              then whether the status of the species
                                                Endangered and Threatened Wildlife                      the comment period, may not be                        qualifies it for listing as either
                                                and Plants: Proposed Threatened                         considered. All comments received are                 threatened or endangered. Section 3 of
                                                Status for Island Grouper                               a part of the public record and will                  the ESA defines a ‘‘species’’ to include
                                                (Mycteroperca fusca) and Endangered                     generally be posted for public viewing                ‘‘any subspecies of fish or wildlife or
                                                Status for Gulf Grouper (Mycteroperca                   on http://www.regulations.gov without                 plants, and any distinct population
                                                jordani) Under the Endangered                           change. All personal identifying                      segment of any species of vertebrate fish
                                                Species Act (ESA)                                       information (e.g., name, address, etc.),              or wildlife which interbreeds when
                                                AGENCY:  National Marine Fisheries                      confidential business information, or                 mature.’’ On February 7, 1996, NMFS
                                                Service (NMFS), National Oceanic and                    otherwise sensitive information                       and the U.S. Fish and Wildlife Service
                                                Atmospheric Administration (NOAA),                      submitted voluntarily by the sender will              (USFWS; together, the Services) adopted
                                                Commerce.                                               be publicly accessible. We will accept                a policy describing what constitutes a
                                                                                                        anonymous comments (enter ‘‘N/A’’ in                  distinct population segment (DPS) of a
                                                ACTION: Proposed rule; 12-month                                                                               taxonomic species (the DPS Policy; 61
                                                findings; request for comments.                         the required fields if you wish to remain
                                                                                                        anonymous). Attachments to electronic                 FR 4722). The DPS Policy identified two
                                                SUMMARY:   We, NMFS, announce 12-                       comments will be accepted in Microsoft                elements that must be considered when
                                                month findings and listing                              Word, Excel, or Adobe PDF file formats                identifying a DPS: (1) The discreteness
                                                determinations on a petition to list the                only.                                                 of the population segment in relation to
                                                gulf grouper (Mycteroperca jordani) and                    You can obtain the petition, status                the remainder of the species (or
                                                                                                        review reports, proposed rule, and list               subspecies) to which it belongs; and (2)
                                                the island grouper (Mycteroperca fusca)
                                                                                                        of references electronically on our                   the significance of the population
                                                as threatened or endangered under the
                                                                                                        NMFS Web site at http://                              segment to the remainder of the species
                                                Endangered Species Act (ESA). We have
                                                                                                        www.nmfs.noaa.gov/pr/species/                         (or subspecies) to which it belongs. As
                                                completed comprehensive status
                                                                                                        petition81.htm.                                       stated in the DPS Policy, Congress
                                                reviews for these two marine fish
                                                                                                                                                              expressed its expectation that the
                                                species in response to a petition                       FOR FURTHER INFORMATION CONTACT:                      Services would exercise authority with
                                                submitted by WildEarth Guardians.                       Ronald Salz, NMFS, Office of Protected                regard to DPSs sparingly and only when
                                                After reviewing the best scientific and                 Resources (OPR), (301) 427–8171 or                    the biological evidence indicates such
                                                commercial data available, we have                      Marta Nammack, NMFS, OPR, (301)                       action is warranted. Based on the
                                                determined that the gulf grouper is                     427–8403.                                             scientific information available, we
                                                currently in danger of extinction                       SUPPLEMENTARY INFORMATION:                            determined that the gulf grouper
                                                throughout its range and, therefore,                                                                          (Mycteroperca jordani) and the island
                                                meets the definition of an endangered                   Background
                                                                                                                                                              grouper (Mycteroperca fusca) are both
                                                species. After reviewing the best                          On July 15, 2013, we received a                    ‘‘species’’ under the ESA. There is
                                                scientific and commercial data                          petition from WildEarth Guardians to                  nothing in the scientific literature
                                                available, we have also determined that                 list 81 marine species or subpopulations              indicating that either of these species
                                                the island grouper is not currently in                  as threatened or endangered under the                 should be further divided into
                                                danger of extinction throughout all or a                Endangered Species Act (ESA). This                    subspecies or DPSs.
                                                significant portion of its range, but is                petition included species from many                      Section 3 of the ESA defines an
                                                likely to become so within the                          different taxonomic groups, and we                    endangered species as ‘‘any species
                                                foreseeable future. Therefore, we                       prepared our 90-day findings in batches               which is in danger of extinction
                                                conclude that the island grouper meets                  by taxonomic group. We found that the                 throughout all or a significant portion of
                                                the definition of a threatened species.
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                        petitioned actions may be warranted for               its range’’ and a threatened species as
                                                We are soliciting information that may                  24 of the species and 3 of the                        one ‘‘which is likely to become an
                                                be relevant to inform the final                         subpopulations and announced the                      endangered species within the
                                                determinations for these two species.                   initiation of status reviews for each of              foreseeable future throughout all or a
                                                DATES: Comments on this proposed rule                   the 24 species and 3 subpopulations (78               significant portion of its range.’’ We
                                                must be received by November 23, 2015.                  FR 63941, October 25, 2013; 78 FR                     interpret an ‘‘endangered species’’ to be
                                                Public hearing requests must be made                    66675, November 6, 2013; 78 FR 69376,                 one that is presently in danger of
                                                by November 9, 2015.                                    November 19, 2013; 79 FR 9880,                        extinction. A ‘‘threatened species,’’ on


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Document Created: 2015-12-15 09:45:28
Document Modified: 2015-12-15 09:45:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed special conditions.
DatesSend your comments on or before October 23, 2015.
ContactJeff Pretz, Federal Aviation Administration, Small Airplane Directorate, Aircraft Certification Service, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816) 329-3239; facsimile (816) 329-4090.
FR Citation80 FR 57312 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols

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