81_FR_23644 81 FR 23566 - Special Conditions: Dassault Aviation Model Falcon 5X Airplane; Use of Automatic Power Reserve (APR), an Automatic Takeoff Thrust Control System (ATTCS) for Go-Around Performance Credit

81 FR 23566 - Special Conditions: Dassault Aviation Model Falcon 5X Airplane; Use of Automatic Power Reserve (APR), an Automatic Takeoff Thrust Control System (ATTCS) for Go-Around Performance Credit

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 78 (April 22, 2016)

Page Range23566-23570
FR Document2016-09333

These special conditions are issued for the Dassault Aviation (Dassault) Model Falcon 5X airplane. This airplane will have a novel or unusual design feature associated with go-around performance credit when using an automatic takeoff thrust-control system. 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 81 Issue 78 (Friday, April 22, 2016)
[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Rules and Regulations]
[Pages 23566-23570]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09333]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-1078; Special Conditions No. 25-616-SC]


Special Conditions: Dassault Aviation Model Falcon 5X Airplane; 
Use of Automatic Power Reserve (APR), an Automatic Takeoff Thrust 
Control System (ATTCS) for Go-Around Performance Credit

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION:  Final special conditions; request for comments.

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

SUMMARY:  These special conditions are issued for the Dassault Aviation 
(Dassault) Model Falcon 5X airplane. This airplane will have a novel or 
unusual design feature associated with go-around performance credit 
when using an automatic takeoff thrust-control system. 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 April 22, 
2016. We must receive your comments by June 6, 2016.

ADDRESSES:  Send comments identified by docket number FAA-2014-1078 
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

[[Page 23567]]

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 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: Chris Parker, FAA, Propulsion and 
Mechanical Systems Branch, ANM-112, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-1509; facsimile 425-227-1320.

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 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. This airplane is a transport-
category airplane to be operated in private/corporate transportation 
with a maximum of 19 passengers. The Model Falcon 5X airplane 
incorporates a low, swept wing and twin rear-fuselage-mounted Snecma 
Silvercrest turbofan engines. The fuselage is about 23 m long with a 26 
m wingspan.
    The current requirements of Title 14, Code of Federal Regulations 
(14 CFR) part 25 are inadequate for addressing approach climb using 
ATTCS. Part 25 appendix I limits the application of performance credit 
for ATTCS to takeoff only.

Type Certification Basis

    Under the provisions of 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.
    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, 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 14 CFR part 34, and the noise-
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Dassault Aviation Model Falcon 5X airplane will incorporate the 
following novel or unusual design feature.
    An automatic takeoff thrust-control system (ATTCS), described as an 
automatic power reserve (APR) system, which is available at all times 
without any additional action or input from the pilot; and which the 
applicant proposes would not only function during the go-around, in 
addition to the takeoff phase of flight, but also allow the applicant 
to take performance credit for the system's function during that phase.

Discussion

    Dassault Aviation proposes to include an APR system (a part 23 
term; the part 25 term is ATTCS) in the Model Falcon 5X airplane. 
Dassault proposes to use the APR system during go-around, and is 
requesting approach climb performance credit for the use of the 
additional power APR up-trim provides.
    The Model Falcon 5X powerplant control system comprises a full-
authority digital electronic control (FADEC) for the Snemca Silvercrest 
engine. The engine FADEC system includes APR system functions. The 
proposed configuration, which is novel or unusual, provides for APR 
activation during takeoff and go-around flight operations, requiring no 
additional action from the pilot. The airplane performance data will be 
based on the availability of the up-trim power during takeoff and 
approach climb.
    The part 25 standards applicable to the automatic advancement of 
reserve power, known as ATTCS and contained in Sec.  25.904 and 
appendix I, specifically restrict performance credit for ATTCS to the 
takeoff phase of flight. At the time these standards were issued, the 
FAA considered including other phases of flight, including go-around. 
Concerns about flightcrew workload precluded including those additional 
phases of flight. As the preamble of Amendment 25-62 to part 25 states:

    In regard to ATTCS credit for approach climb and go-around 
maneuvers, current regulations preclude a higher power for the 
approach climb (Section 25.121(d)) than for the landing climb 
(Section 25.119). The workload required for the flightcrew to 
monitor and select from multiple in-flight power settings in the 
event of an engine failure during a critical point in the approach, 
landing, or go-around operations is excessive. Therefore, the FAA 
does not agree that the scope of the amendment should be changed to 
include the use of ATTCS for anything except the takeoff phase.

    The ATTCS incorporated on the Model Falcon 5X airplane allows the 
pilot to use the same power-setting procedure during a go-around 
regardless of whether or not an engine fails. Because the ATTCS is 
always active, it will function automatically following an engine 
failure, and will advance the remaining engine to the APR power level.
    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.

[[Page 23568]]

Applicability

    As discussed above, these special conditions are applicable to the 
Model Falcon 5X airplane. Should Dassault Aviation apply at a later 
date for a change to the type certificate to include another model 
incorporating the same novel or unusual design feature, these special 
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature 
on one model of airplane. It is not a rule of general applicability.
    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 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:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for Dassault Aviation Model Falcon 5X 
airplanes.
    1. The Model Falcon 5X airplane must comply with the requirements 
of 14 CFR 25.904 and appendix I to 14 CFR part 25 and the following 
requirements pertaining to the go-around phase of flight:
    2. Definitions
    a. Takeoff/go-around (TOGA): Throttle lever in takeoff or go-around 
position.
    b. Automatic takeoff thrust control system (ATTCS): The ATTCS in 
Model Falcon 5X airplanes is defined as the entire automatic system 
available during takeoff and in go-around mode, including all devices, 
both mechanical and electrical, that sense engine failure, transmit 
signals, actuate fuel controls or power levers (or increase engine 
power by other means on operating engines to achieve scheduled thrust 
or power increase), and furnish cockpit information on system 
operation.
    c. Critical time interval: The definition of the critical time 
interval in 14 CFR appendix I 25.2(b) must be expanded to include the 
following:
    i. When conducting an approach for landing using ATTCS, the 
critical time interval is defined as follows:
    1. The critical time interval begins at a point on a 2.5 degree 
approach glide path from which, assuming a simultaneous engine and 
ATTCS failure, the resulting approach climb flight path intersects a 
flight path originating at a later point on the same approach path 
corresponding that corresponds to the 14 CFR part 25 one-engine-
inoperative approach climb gradient. The period of time from the point 
of simultaneous engine and ATTCS failure to the intersection of these 
flight paths must be no shorter than the time interval used in 
evaluating the critical time interval for takeoff beginning from the 
point of simultaneous engine and ATTCS failure and ending upon reaching 
a height of 400 feet.
    2. The critical time interval ends at the point on a minimum 
performance, all-engines-operating go-around flight path from which, 
assuming a simultaneous engine and ATTCS failure, the resulting minimum 
approach climb flight path intersects a flight path corresponding to 
the 14 CFR part 25 minimum one-engine-inoperative approach climb 
gradient. The all-engines-operating go-around flight path and the 14 
CFR part 25 one-engine-inoperative approach climb gradient flight path 
originate from a common point on a 2.5 degree approach path. The period 
of time from the point of simultaneous engine and ATTCS failure to the 
intersection of these flight paths must be no shorter than the time 
interval used in evaluating the critical time interval for the takeoff 
beginning from the point of simultaneous engine and ATTCS failure and 
ending upon reaching a height of 400 feet.
    ii. The critical time interval must be determined at the altitude 
resulting in the longest critical time interval for which one-engine-
inoperative approach climb performance data are presented in the 
airplane flight manual (AFM).
    iii. The critical time interval is illustrated in the following 
figure:

[[Page 23569]]

[GRAPHIC] [TIFF OMITTED] TR22AP16.057

    The all-engines-operating go-around flight path, and the 14 CFR 
part 25 one-engine-inoperative approach climb gradient flight path 
(engine failed, ATTCS operating path in Figure 1), originate from a 
common point, point C, on a 2.5-degree approach path. The period of 
time, ``time interval DE,'' from the point of simultaneous engine and 
ATTCS failure, point D, to the intersection of these flight paths, 
point E, must be no shorter than the corresponding time in Figure 2, 
``I25.2(b) time interval FG.''
    d. The critical time interval must be determined at the altitude 
resulting in the longest critical time interval for which one-engine-
inoperative approach climb performance data are presented in the AFM.
    e. The ``critical time interval AD'' is illustrated in Figure 1.
    [GRAPHIC] [TIFF OMITTED] TR22AP16.058
    
    3. Performance and system reliability requirements: The applicant 
must comply with the performance and ATTCS reliability requirements as 
follows:

[[Page 23570]]

    a. An ATTCS failure or a combination of failures in the ATTCS 
during the critical time interval (Figure 2):
    i. Must not prevent the insertion of the maximum approved go-around 
thrust or power, or must be shown to be a remote event.
    ii. Must not result in a significant loss or reduction in thrust or 
power, or must be shown to be an extremely improbable event.
    b. The concurrent existence of an ATTCS failure and an engine 
failure during the critical time interval must be shown to be extremely 
improbable.
    c. All applicable performance requirements of 14 CFR part 25 must 
be met with an engine failure occurring at the most critical point 
during go-around with the ATTCS functioning.
    d. The probability analysis must include consideration of ATTCS 
failure occurring after the time at which the flightcrew last verifies 
that the ATTCS is in a condition to operate until the beginning of the 
critical time interval.
    e. The propulsive thrust obtained from the operating engine after 
failure of the critical engine during a go-around used to show 
compliance with the one-engine-inoperative climb requirements of Sec.  
25.121(d) may not be greater than the lesser of:
    i. The actual propulsive thrust resulting from the initial setting 
of power or thrust controls with the ATTCS functioning; or
    ii. 111% of the propulsive thrust resulting from the initial 
setting of power or thrust controls with the ATTCS failing to reset 
thrust or power and without any action by the flightcrew to reset 
thrust or power.
    4. Thrust setting
    a. The initial go-around thrust setting on each engine at the 
beginning of the go-around phase may not be less than any of the 
following:
    i. That required to permit normal operation of all safety-related 
systems and equipment dependent upon engine thrust or power lever 
position; or
    ii. That shown to be free of hazardous engine response 
characteristics and not to result in any unsafe aircraft operating or 
handling characteristics when thrust or power is advanced from the 
initial go-around position to the maximum approved power setting.
    b. For approval to use an ATTCS for go-arounds, the thrust setting 
procedure must be the same for go-arounds initiated with all engines 
operating as for go-arounds initiated with one engine inoperative.
    5. Powerplant controls
    a. In addition to the requirements of Sec.  25.1141, no single 
failure or malfunction, or probable combination thereof, of the ATTCS, 
including associated systems, may cause the failure of any powerplant 
function necessary for safety.
    b. The ATTCS must be designed to:
    i. Apply thrust or power on the operating engine(s), following any 
one-engine failure during a go-around, to achieve the maximum approved 
go-around thrust without exceeding the engine operating limits;
    ii. Permit manual decrease or increase in thrust or power up to the 
maximum go-around thrust approved for the airplane under the existing 
conditions through the use of the power lever. For airplanes equipped 
with limiters that automatically prevent the engine operating limits 
from being exceeded under existing ambient conditions, other means may 
be used to increase the thrust in the event of an ATTCS failure, 
provided that the means:
    1. Is located on or forward of the power levers;
    2. Is easily identified and operated under all operating conditions 
by a single action of either pilot with the hand that is normally used 
to actuate the power levers; and
    3. Meets the requirements of Sec.  25.777(a), (b), and (c).
    iii. Provide a means to verify to the flightcrew before beginning 
an approach for landing that the ATTCS is in a condition to operate 
(unless it can be demonstrated that an ATTCS failure combined with an 
engine failure during an entire flight is extremely improbable); and
    iv. Provide a means for the flightcrew to deactivate the automatic 
function. This means must be designed to prevent inadvertent 
deactivation.
    6. Powerplant instruments: In addition to the requirements of Sec.  
25.1305:
    a. A means must be provided to indicate when the ATTCS is in the 
armed or ready condition; and
    b. If the inherent flight characteristics of the airplane do not 
provide adequate warning that an engine has failed, a warning system 
that is independent of the ATTCS must be provided to give the pilot a 
clear warning of any engine failure during a go-around.

    Issued in Renton, Washington, on April 8, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-09333 Filed 4-21-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                  23566                Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations

                                                  guaranteed bond resulting in a Loss that                actually paid by the Surety for travel                ■ b. Remove paragraph (a)(5) and
                                                  has not been fully reimbursed to SBA,                   expenses of the Surety’s claims staff.                redesignate paragraph (a)(6) as new
                                                  or SBA has not been fully reimbursed                    The cost of the consultant’s services and             paragraph (a)(5).
                                                  for any Imminent Breach payments.                       the travel expenses of the Surety’s
                                                                                                                                                                Maria Contreras-Sweet,
                                                  *       *    *      *     *                             claims staff must be reasonable and
                                                                                                                                                                Administrator.
                                                     (b) Reinstatement of Principal’s                     necessary and must specifically concern
                                                                                                                                                                [FR Doc. 2016–09302 Filed 4–21–16; 8:45 am]
                                                  eligibility. At any time after a Principal              the investigation, adjustment,
                                                                                                          negotiation, compromise, settlement of,               BILLING CODE 8025–01–P
                                                  becomes ineligible for further bond
                                                  guarantees under paragraph (a) of this                  or resistance to a claim for Loss
                                                  section:                                                resulting from the breach of the terms of
                                                     (1) A Prior Approval Surety may                      the bonded Contract. The cost allocation              DEPARTMENT OF TRANSPORTATION
                                                  recommend that such Principal’s                         method must be reasonable and must
                                                  eligibility be reinstated, and OSG may                  comply with generally accepted                        Federal Aviation Administration
                                                  agree to reinstate the Principal if:                    accounting principles; and
                                                     (i) The Surety has settled its claim                                                                       14 CFR Part 25
                                                                                                          *      *     *    *     *
                                                  with the Principal, or any of its                                                                             [Docket No. FAA–2014–1078; Special
                                                                                                             (f) * * *
                                                  Affiliates, for an amount that results in                                                                     Conditions No. 25–616–SC]
                                                  no Loss to SBA or in no amount owed                        (1) Any unallocated expenses, all
                                                  for Imminent Breach payments, or OSG                    direct and indirect costs incurred by the             Special Conditions: Dassault Aviation
                                                  finds good cause for reinstating the                    Surety’s salaried claims staff (except for            Model Falcon 5X Airplane; Use of
                                                  Principal notwithstanding the Loss to                   reasonable and necessary travel                       Automatic Power Reserve (APR), an
                                                  SBA or amount owed for Imminent                         expenses of such staff), or any clear                 Automatic Takeoff Thrust Control
                                                  Breach payments; or                                     mark-up on expenses or any overhead of                System (ATTCS) for Go-Around
                                                     (ii) OSG and the Surety determine                    the Surety, its attorney, or any other                Performance Credit
                                                  that further bond guarantees are                        consultant hired by the Surety or the
                                                  appropriate after the Principal was                     attorney;                                             AGENCY:  Federal Aviation
                                                  deemed ineligible for further SBA bond                                                                        Administration (FAA), DOT.
                                                                                                          *      *     *    *     *
                                                  guarantees under paragraph (a)(1), (2),                                                                       ACTION: Final special conditions;
                                                  (3), (5) or (6) of this section.                        ■ 6. Amend § 115.18 by revising                       request for comments.
                                                     (2) A PSB Surety may:                                paragraph (a)(2) to read as follows:
                                                     (i) Recommend that such Principal’s                                                                        SUMMARY:   These special conditions are
                                                                                                          § 115.18 Refusal to issue further                     issued for the Dassault Aviation
                                                  eligibility be reinstated, and OSG may                  guarantees; suspension and termination of
                                                  agree to reinstate the Principal, if the                                                                      (Dassault) Model Falcon 5X airplane.
                                                                                                          PSB status.                                           This airplane will have a novel or
                                                  Surety has settled its claim with the
                                                  Principal, or any of its Affiliates, for an               (a) * * *                                           unusual design feature associated with
                                                  amount that results in no Loss to SBA                                                                         go-around performance credit when
                                                                                                            (2) Regulatory violations, fraud. Acts
                                                  or in no amount owed for Imminent                                                                             using an automatic takeoff thrust-
                                                                                                          of wrongdoing such as fraud, material
                                                  Breach payments, or OSG finds good                                                                            control system. The applicable
                                                                                                          misrepresentation, breach of the Prior
                                                  cause for reinstating the Principal                                                                           airworthiness regulations do not contain
                                                                                                          Approval or PSB Agreement, the
                                                  notwithstanding the Loss to SBA or                                                                            adequate or appropriate safety standards
                                                                                                          Surety’s failure to continue to comply
                                                  amount owed for Imminent Breach                                                                               for this design feature. These special
                                                                                                          with the requirements set forth in
                                                  payments; or                                                                                                  conditions contain the additional safety
                                                                                                          § 115.11, or regulatory violations (as
                                                     (ii) Reinstate a Principal’s eligibility                                                                   standards that the Administrator
                                                                                                          defined in § 115.19(d) and (h)) also                  considers necessary to establish a level
                                                  upon the Surety’s determination that                    constitute sufficient grounds for refusal
                                                  further bond guarantees are appropriate                                                                       of safety equivalent to that established
                                                                                                          to issue further guarantees, or in the                by the existing airworthiness standards.
                                                  after the Principal was deemed                          case of a PSB Surety, termination of
                                                  ineligible for further SBA bond                                                                               DATES: This action is effective on
                                                                                                          preferred status.
                                                  guarantees under paragraph (a)(1), (2),                                                                       Dassault Aviation on April 22, 2016. We
                                                                                                          *     *     *     *     *                             must receive your comments by June 6,
                                                  (3), (5) or (6) of this section.
                                                     (c) Underwriting after reinstatement.                ■ 7. Amend § 115.36 as follows:                       2016.
                                                  A guarantee application submitted after                 ■ a. Revise the section heading;                      ADDRESSES: Send comments identified
                                                  reinstatement of the Principal’s                                                                              by docket number FAA–2014–1078
                                                                                                          ■ b. Remove the paragraph designation
                                                  eligibility is subject to a very stringent                                                                    using any of the following methods:
                                                  underwriting review.                                    and heading ‘‘(a) Indemnity                              • Federal eRegulations Portal: Go to
                                                                                                          settlements.’’;                                       http://www.regulations.gov/ and follow
                                                  ■ 5. Amend § 115.16 by revising
                                                  paragraphs (e)(1) and (f)(1) to read as                 ■ c. Remove paragraphs (b) and (c); and               the online instructions for sending your
                                                  follows:                                                ■ d. Redesignate paragraphs (1), (2), and             comments electronically.
                                                                                                          (3), as (a), (b), and (c).                               • Mail: Send comments to Docket
                                                  § 115.16   Determination of Surety’s Loss.                                                                    Operations, M–30, U.S. Department of
                                                  *     *     *    *      *                               § 115.36    Indemnity settlements.                    Transportation (DOT), 1200 New Jersey
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                    (e) * * *                                             *       *     *       *      *                        Avenue SE., Room W12–140, West
                                                    (1) Amounts actually paid by the                                                                            Building Ground Floor, Washington, DC
                                                  Surety for specialized services that are                § 115.60    [Amended]                                 20590–0001.
                                                  provided under contract by an outside                                                                            • Hand Delivery or Courier: Take
                                                  consultant, which is not an Affiliate of                ■  8. Amend § 115.60 as follows:                      comments to Docket Operations in
                                                  the Surety, provided that such services                 ■  a. Amend paragraph (a)(1) by                       Room W12–140 of the West Building
                                                  are beyond the capability of the Surety’s               removing ‘‘$2,000,000’’ and adding                    Ground Floor at 1200 New Jersey
                                                  salaried claims staff, and amounts                      ‘‘$6,500,000’’ in its place; and                      Avenue SE., Washington, DC, between 9


                                             VerDate Sep<11>2014   16:23 Apr 21, 2016   Jkt 238001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\22APR1.SGM   22APR1


                                                                       Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations                                          23567

                                                  a.m. and 5 p.m., Monday through                         airplane is a transport-category airplane             of flight, but also allow the applicant to
                                                  Friday, except Federal holidays.                        to be operated in private/corporate                   take performance credit for the system’s
                                                     • Fax: Fax comments to Docket                        transportation with a maximum of 19                   function during that phase.
                                                  Operations at 202–493–2251.                             passengers. The Model Falcon 5X
                                                                                                                                                                Discussion
                                                     Privacy: The FAA will post all                       airplane incorporates a low, swept wing
                                                  comments it receives, without change,                   and twin rear-fuselage-mounted Snecma                    Dassault Aviation proposes to include
                                                  to http://www.regulations.gov/,                         Silvercrest turbofan engines. The                     an APR system (a part 23 term; the part
                                                  including any personal information the                  fuselage is about 23 m long with a 26                 25 term is ATTCS) in the Model Falcon
                                                  commenter provides. Using the search                    m wingspan.                                           5X airplane. Dassault proposes to use
                                                  function of the docket Web site, anyone                    The current requirements of Title 14,              the APR system during go-around, and
                                                  can find and read the electronic form of                Code of Federal Regulations (14 CFR)                  is requesting approach climb
                                                  all comments received into any FAA                      part 25 are inadequate for addressing                 performance credit for the use of the
                                                  docket, including the name of the                       approach climb using ATTCS. Part 25                   additional power APR up-trim provides.
                                                  individual sending the comment (or                      appendix I limits the application of                     The Model Falcon 5X powerplant
                                                  signing the comment for an association,                 performance credit for ATTCS to takeoff               control system comprises a full-
                                                  business, labor union, etc.). DOT’s                     only.                                                 authority digital electronic control
                                                  complete Privacy Act Statement can be                                                                         (FADEC) for the Snemca Silvercrest
                                                                                                          Type Certification Basis                              engine. The engine FADEC system
                                                  found in the Federal Register published
                                                  on April 11, 2000 (65 FR 19477–19478),                     Under the provisions of 14 CFR 21.17,              includes APR system functions. The
                                                  as well as at http://DocketsInfo.dot.                   Dassault Aviation must show that the                  proposed configuration, which is novel
                                                  gov/.                                                   Model Falcon 5X airplane meets the                    or unusual, provides for APR activation
                                                                                                          applicable provisions of part 25, as                  during takeoff and go-around flight
                                                     Docket: Background documents or
                                                                                                          amended by Amendments 25–1 through                    operations, requiring no additional
                                                  comments received may be read at
                                                                                                          25–136.                                               action from the pilot. The airplane
                                                  http://www.regulations.gov/ at any time.
                                                                                                             If the Administrator finds that the                performance data will be based on the
                                                  Follow the online instructions for
                                                                                                          applicable airworthiness regulations                  availability of the up-trim power during
                                                  accessing the docket or go to Docket
                                                                                                          (i.e., 14 CFR part 25) do not contain                 takeoff and approach climb.
                                                  Operations in Room W12–140 of the                                                                                The part 25 standards applicable to
                                                  West Building Ground Floor at 1200                      adequate or appropriate safety standards
                                                                                                          for the Model Falcon 5X airplane                      the automatic advancement of reserve
                                                  New Jersey Avenue SE., Washington,                                                                            power, known as ATTCS and contained
                                                  DC, between 9 a.m. and 5 p.m., Monday                   because of a novel or unusual design
                                                                                                          feature, special conditions are                       in § 25.904 and appendix I, specifically
                                                  through Friday, except Federal holidays.                                                                      restrict performance credit for ATTCS to
                                                                                                          prescribed under the provisions of
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              the takeoff phase of flight. At the time
                                                                                                          § 21.16.
                                                  Chris Parker, FAA, Propulsion and                          Special conditions are initially                   these standards were issued, the FAA
                                                  Mechanical Systems Branch, ANM–112,                     applicable to the model for which they                considered including other phases of
                                                  Transport Airplane Directorate, Aircraft                are issued. Should the type certificate               flight, including go-around. Concerns
                                                  Certification Service, 1601 Lind Avenue                 for that model be amended later to                    about flightcrew workload precluded
                                                  SW., Renton, Washington 98057–3356;                     include any other model that                          including those additional phases of
                                                  telephone 425–227–1509; facsimile                       incorporates the same novel or unusual                flight. As the preamble of Amendment
                                                  425–227–1320.                                           design feature, these special conditions              25–62 to part 25 states:
                                                  SUPPLEMENTARY INFORMATION: The                          would also apply to the other model                      In regard to ATTCS credit for approach
                                                  substance of these special conditions                   under § 21.101.                                       climb and go-around maneuvers, current
                                                  has been subject to the public comment                     In addition to the applicable                      regulations preclude a higher power for the
                                                  process in several prior instances with                 airworthiness regulations and special                 approach climb (Section 25.121(d)) than for
                                                  no substantive comments received. The                                                                         the landing climb (Section 25.119). The
                                                                                                          conditions, the Model Falcon 5X
                                                                                                                                                                workload required for the flightcrew to
                                                  FAA therefore finds that good cause                     airplane must comply with the fuel-vent               monitor and select from multiple in-flight
                                                  exists for making these special                         and exhaust-emission requirements of                  power settings in the event of an engine
                                                  conditions effective upon publication in                14 CFR part 34, and the noise-                        failure during a critical point in the
                                                  the Federal Register.                                   certification requirements of 14 CFR                  approach, landing, or go-around operations is
                                                                                                          part 36.                                              excessive. Therefore, the FAA does not agree
                                                  Comments Invited                                                                                              that the scope of the amendment should be
                                                                                                             The FAA issues special conditions, as
                                                    We invite interested people to take                   defined in 14 CFR 11.19, in accordance                changed to include the use of ATTCS for
                                                  part in this rulemaking by sending                                                                            anything except the takeoff phase.
                                                                                                          with § 11.38, and they become part of
                                                  written comments, data, or views. The                   the type certification basis under                      The ATTCS incorporated on the
                                                  most helpful comments reference a                       § 21.17(a)(2).                                        Model Falcon 5X airplane allows the
                                                  specific portion of the special                                                                               pilot to use the same power-setting
                                                  conditions, explain the reason for any                  Novel or Unusual Design Features                      procedure during a go-around regardless
                                                  recommended change, and include                           The Dassault Aviation Model Falcon                  of whether or not an engine fails.
                                                  supporting data.                                        5X airplane will incorporate the                      Because the ATTCS is always active, it
                                                    We will consider all comments we                      following novel or unusual design                     will function automatically following an
                                                  receive by the closing date for                         feature.                                              engine failure, and will advance the
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                                                  comments. We may change these special                     An automatic takeoff thrust-control                 remaining engine to the APR power
                                                  conditions based on the comments we                     system (ATTCS), described as an                       level.
                                                  receive.                                                automatic power reserve (APR) system,                   These special conditions contain the
                                                                                                          which is available at all times without               additional safety standards that the
                                                  Background                                              any additional action or input from the               Administrator considers necessary to
                                                    On July 1, 2012, Dassault Aviation                    pilot; and which the applicant proposes               establish a level of safety equivalent to
                                                  applied for a type certificate for their                would not only function during the go-                that established by the existing
                                                  new Model Falcon 5X airplane. This                      around, in addition to the takeoff phase              airworthiness standards.


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                                                  23568                Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations

                                                  Applicability                                           The Special Conditions                                corresponds to the 14 CFR part 25 one-
                                                                                                             Accordingly, pursuant to the                       engine-inoperative approach climb
                                                    As discussed above, these special                                                                           gradient. The period of time from the
                                                  conditions are applicable to the Model                  authority delegated to me by the
                                                                                                          Administrator, the following special                  point of simultaneous engine and
                                                  Falcon 5X airplane. Should Dassault                                                                           ATTCS failure to the intersection of
                                                  Aviation apply at a later date for a                    conditions are issued as part of the type
                                                                                                          certification basis for Dassault Aviation             these flight paths must be no shorter
                                                  change to the type certificate to include                                                                     than the time interval used in evaluating
                                                  another model incorporating the same                    Model Falcon 5X airplanes.
                                                                                                             1. The Model Falcon 5X airplane must               the critical time interval for takeoff
                                                  novel or unusual design feature, these                                                                        beginning from the point of
                                                  special conditions would apply to that                  comply with the requirements of 14 CFR
                                                                                                          25.904 and appendix I to 14 CFR part                  simultaneous engine and ATTCS failure
                                                  model as well.                                                                                                and ending upon reaching a height of
                                                                                                          25 and the following requirements
                                                  Conclusion                                              pertaining to the go-around phase of                  400 feet.
                                                                                                          flight:                                                  2. The critical time interval ends at
                                                    This action affects only a certain                       2. Definitions                                     the point on a minimum performance,
                                                  novel or unusual design feature on one                     a. Takeoff/go-around (TOGA):                       all-engines-operating go-around flight
                                                  model of airplane. It is not a rule of                  Throttle lever in takeoff or go-around                path from which, assuming a
                                                  general applicability.                                  position.                                             simultaneous engine and ATTCS
                                                    The substance of these special                           b. Automatic takeoff thrust control                failure, the resulting minimum
                                                  conditions has been subjected to the                    system (ATTCS): The ATTCS in Model                    approach climb flight path intersects a
                                                  notice and comment period in several                    Falcon 5X airplanes is defined as the                 flight path corresponding to the 14 CFR
                                                  prior instances and has been derived                    entire automatic system available during              part 25 minimum one-engine-
                                                  without substantive change from those                   takeoff and in go-around mode,                        inoperative approach climb gradient.
                                                  previously issued. It is unlikely that                  including all devices, both mechanical                The all-engines-operating go-around
                                                  prior public comment would result in a                  and electrical, that sense engine failure,            flight path and the 14 CFR part 25 one-
                                                  significant change from the substance                   transmit signals, actuate fuel controls or            engine-inoperative approach climb
                                                  contained herein. Therefore, the FAA                    power levers (or increase engine power                gradient flight path originate from a
                                                  has determined that prior public notice                 by other means on operating engines to                common point on a 2.5 degree approach
                                                  and comment are unnecessary and                         achieve scheduled thrust or power                     path. The period of time from the point
                                                  impracticable, and good cause exists for                increase), and furnish cockpit                        of simultaneous engine and ATTCS
                                                  adopting these special conditions upon                  information on system operation.                      failure to the intersection of these flight
                                                  publication in the Federal Register. The                   c. Critical time interval: The
                                                                                                                                                                paths must be no shorter than the time
                                                  FAA is requesting comments to allow                     definition of the critical time interval in
                                                                                                                                                                interval used in evaluating the critical
                                                  interested persons to submit views that                 14 CFR appendix I 25.2(b) must be
                                                                                                                                                                time interval for the takeoff beginning
                                                  may not have been submitted in                          expanded to include the following:
                                                                                                             i. When conducting an approach for                 from the point of simultaneous engine
                                                  response to the prior opportunities for                                                                       and ATTCS failure and ending upon
                                                  comment described above.                                landing using ATTCS, the critical time
                                                                                                          interval is defined as follows:                       reaching a height of 400 feet.
                                                  List of Subjects in 14 CFR Part 25                         1. The critical time interval begins at               ii. The critical time interval must be
                                                                                                          a point on a 2.5 degree approach glide                determined at the altitude resulting in
                                                    Aircraft, Aviation safety, Reporting                                                                        the longest critical time interval for
                                                  and recordkeeping requirements.                         path from which, assuming a
                                                                                                          simultaneous engine and ATTCS                         which one-engine-inoperative approach
                                                    The authority citation for these                      failure, the resulting approach climb                 climb performance data are presented in
                                                  special conditions is as follows:                       flight path intersects a flight path                  the airplane flight manual (AFM).
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701,            originating at a later point on the same                 iii. The critical time interval is
                                                  44702, 44704.                                           approach path corresponding that                      illustrated in the following figure:
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                                                                       Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations                                        23569




                                                     The all-engines-operating go-around                  the point of simultaneous engine and                  the longest critical time interval for
                                                  flight path, and the 14 CFR part 25 one-                ATTCS failure, point D, to the                        which one-engine-inoperative approach
                                                  engine-inoperative approach climb                       intersection of these flight paths, point             climb performance data are presented in
                                                  gradient flight path (engine failed,                    E, must be no shorter than the                        the AFM.
                                                  ATTCS operating path in Figure 1),                      corresponding time in Figure 2,                          e. The ‘‘critical time interval AD’’ is
                                                  originate from a common point, point C,                 ‘‘I25.2(b) time interval FG.’’
                                                                                                                                                                illustrated in Figure 1.
                                                  on a 2.5-degree approach path. The                         d. The critical time interval must be
                                                  period of time, ‘‘time interval DE,’’ from              determined at the altitude resulting in
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                                                                                                                                                                                                             ER22AP16.058</GPH>




                                                    3. Performance and system reliability                 comply with the performance and                       ATTCS reliability requirements as
                                                  requirements: The applicant must                                                                              follows:
                                                                                                                                                                                                             ER22AP16.057</GPH>




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                                                  23570                Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations

                                                     a. An ATTCS failure or a combination                 thereof, of the ATTCS, including                      DEPARTMENT OF TRANSPORTATION
                                                  of failures in the ATTCS during the                     associated systems, may cause the
                                                  critical time interval (Figure 2):                      failure of any powerplant function                    Federal Aviation Administration
                                                     i. Must not prevent the insertion of                 necessary for safety.
                                                  the maximum approved go-around                             b. The ATTCS must be designed to:                  14 CFR Part 25
                                                  thrust or power, or must be shown to be
                                                  a remote event.                                            i. Apply thrust or power on the                    [Docket No. FAA–2015–7301; Special
                                                                                                          operating engine(s), following any one-               Conditions No. 25–614–SC]
                                                     ii. Must not result in a significant loss
                                                  or reduction in thrust or power, or must                engine failure during a go-around, to
                                                                                                          achieve the maximum approved go-                      Special Conditions: Gulfstream
                                                  be shown to be an extremely improbable                                                                        Aerospace Corporation Model GVII–
                                                  event.                                                  around thrust without exceeding the
                                                                                                          engine operating limits;                              G500 Airplanes, Pilot Compartment
                                                     b. The concurrent existence of an
                                                                                                                                                                View Requirements With an Enhanced
                                                  ATTCS failure and an engine failure                        ii. Permit manual decrease or increase             Flight Vision System
                                                  during the critical time interval must be               in thrust or power up to the maximum
                                                  shown to be extremely improbable.                       go-around thrust approved for the                     AGENCY:  Federal Aviation
                                                     c. All applicable performance                        airplane under the existing conditions                Administration (FAA), DOT.
                                                  requirements of 14 CFR part 25 must be                  through the use of the power lever. For               ACTION: Final special conditions;
                                                  met with an engine failure occurring at                 airplanes equipped with limiters that                 request for comments.
                                                  the most critical point during go-around                automatically prevent the engine
                                                  with the ATTCS functioning.                             operating limits from being exceeded                  SUMMARY:   These special conditions are
                                                     d. The probability analysis must                     under existing ambient conditions,                    issued for the Gulfstream Aerospace
                                                  include consideration of ATTCS failure                  other means may be used to increase the               Corporation (Gulfstream) Model GVII–
                                                  occurring after the time at which the                   thrust in the event of an ATTCS failure,              G500 airplane. This airplane will have
                                                  flightcrew last verifies that the ATTCS                 provided that the means:                              a novel or unusual design feature when
                                                  is in a condition to operate until the                                                                        compared to the state of technology
                                                  beginning of the critical time interval.                   1. Is located on or forward of the
                                                                                                                                                                envisioned in the airworthiness
                                                     e. The propulsive thrust obtained                    power levers;
                                                                                                                                                                standards for transport category
                                                  from the operating engine after failure of                 2. Is easily identified and operated               airplanes. This design feature is an
                                                  the critical engine during a go-around                  under all operating conditions by a                   enhanced flight vision system (EFVS)
                                                  used to show compliance with the one-                   single action of either pilot with the                that includes a head-up display (HUD)
                                                  engine-inoperative climb requirements                   hand that is normally used to actuate                 capable of displaying forward-looking
                                                  of § 25.121(d) may not be greater than                  the power levers; and                                 infrared (FLIR) imagery, intended to be
                                                  the lesser of:                                             3. Meets the requirements of                       used for instrument approaches under
                                                     i. The actual propulsive thrust                      § 25.777(a), (b), and (c).                            provisions of Title 14, Code of Federal
                                                  resulting from the initial setting of                                                                         Regulations (14 CFR) 91.175(l) and (m).
                                                  power or thrust controls with the                          iii. Provide a means to verify to the
                                                                                                          flightcrew before beginning an approach               The applicable airworthiness
                                                  ATTCS functioning; or                                                                                         regulations do not contain adequate or
                                                     ii. 111% of the propulsive thrust                    for landing that the ATTCS is in a
                                                                                                          condition to operate (unless it can be                appropriate safety standards for this
                                                  resulting from the initial setting of                                                                         design feature. These special conditions
                                                  power or thrust controls with the                       demonstrated that an ATTCS failure
                                                                                                          combined with an engine failure during                contain the additional safety standards
                                                  ATTCS failing to reset thrust or power                                                                        that the Administrator considers
                                                  and without any action by the                           an entire flight is extremely
                                                                                                          improbable); and                                      necessary to establish a level of safety
                                                  flightcrew to reset thrust or power.                                                                          equivalent to that established by the
                                                     4. Thrust setting                                       iv. Provide a means for the flightcrew             existing airworthiness standards.
                                                     a. The initial go-around thrust setting              to deactivate the automatic function.                 DATES: This action is effective on
                                                  on each engine at the beginning of the                  This means must be designed to prevent
                                                  go-around phase may not be less than                                                                          Gulfstream Aerospace Corporation on
                                                                                                          inadvertent deactivation.                             April 22, 2016. We must receive your
                                                  any of the following:                                      6. Powerplant instruments: In
                                                     i. That required to permit normal                                                                          comments by June 6, 2016.
                                                                                                          addition to the requirements of                       ADDRESSES: Send comments identified
                                                  operation of all safety-related systems
                                                                                                          § 25.1305:                                            by docket number FAA–2015–7301
                                                  and equipment dependent upon engine
                                                  thrust or power lever position; or                         a. A means must be provided to                     using any of the following methods:
                                                     ii. That shown to be free of hazardous               indicate when the ATTCS is in the                        • Federal eRegulations Portal: Go to
                                                  engine response characteristics and not                 armed or ready condition; and                         http://www.regulations.gov/and follow
                                                  to result in any unsafe aircraft operating                 b. If the inherent flight characteristics          the online instructions for sending your
                                                  or handling characteristics when thrust                 of the airplane do not provide adequate               comments electronically.
                                                  or power is advanced from the initial                   warning that an engine has failed, a                     • Mail: Send comments to Docket
                                                  go-around position to the maximum                       warning system that is independent of                 Operations, M–30, U.S. Department of
                                                  approved power setting.                                 the ATTCS must be provided to give the                Transportation (DOT), 1200 New Jersey
                                                     b. For approval to use an ATTCS for                  pilot a clear warning of any engine                   Avenue SE., Room W12–140, West
                                                  go-arounds, the thrust setting procedure                failure during a go-around.                           Building Ground Floor, Washington, DC
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                                                  must be the same for go-arounds                                                                               20590–0001.
                                                                                                            Issued in Renton, Washington, on April 8,              • Hand Delivery or Courier: Take
                                                  initiated with all engines operating as
                                                                                                          2016.                                                 comments to Docket Operations in
                                                  for go-arounds initiated with one engine
                                                  inoperative.                                            Michael Kaszycki,                                     Room W12–140 of the West Building
                                                     5. Powerplant controls                               Acting Manager, Transport Airplane                    Ground Floor at 1200 New Jersey
                                                     a. In addition to the requirements of                Directorate, Aircraft Certification Service.          Avenue SE., Washington, DC, between 9
                                                  § 25.1141, no single failure or                         [FR Doc. 2016–09333 Filed 4–21–16; 8:45 am]           a.m. and 5 p.m., Monday through
                                                  malfunction, or probable combination                    BILLING CODE 4910–13–P                                Friday, except Federal holidays.


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Document Created: 2017-08-22 23:36:29
Document Modified: 2017-08-22 23:36:29
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 Dassault Aviation on April 22, 2016. We must receive your comments by June 6, 2016.
ContactChris Parker, FAA, Propulsion and Mechanical Systems Branch, ANM-112, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-1509; facsimile 425-227-1320.
FR Citation81 FR 23566 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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