81_FR_88333 81 FR 88098 - Special Conditions: Embraer S.A., Model ERJ 190-300 Series Airplanes; Landing Pitchover Condition

81 FR 88098 - Special Conditions: Embraer S.A., Model ERJ 190-300 Series Airplanes; Landing Pitchover Condition

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 235 (December 7, 2016)

Page Range88098-88099
FR Document2016-29358

These special conditions are issued for the Embraer S.A. Model ERJ 190-300 series airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is an automatic braking system with a pilot-selectable function that allows earlier braking at landing without pilot pedal input. 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 235 (Wednesday, December 7, 2016) 
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88098-88099]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29358]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-9461; Special Conditions No. 25-642-SC]


Special Conditions: Embraer S.A., Model ERJ 190-300 Series 
Airplanes; Landing Pitchover Condition

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Embraer S.A. Model 
ERJ 190-300 series airplanes. These airplanes will have a novel or 
unusual design feature when compared to the state of technology 
envisioned in the airworthiness standards for transport category 
airplanes. This design feature is an automatic braking system with a 
pilot-selectable function that allows earlier braking at landing 
without pilot pedal input. 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 Embraer S.A. on December 7, 2016. We 
must receive your comments by January 23, 2017.

ADDRESSES: Send comments identified by docket number FAA-2016-9461 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Greg Schneider, FAA, Airframe and 
Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057-
3356; telephone 425-227-2116; facsimile 425-227-1320.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions is 
impracticable because these procedures would delay issuance of the 
design approval and thus delivery of the affected airplane.
    In addition, the substance of these special conditions has been 
subject to the public comment process in several prior instances with 
no substantive comments received. The FAA therefore finds that good 
cause exists for making these special conditions effective upon 
publication in the Federal Register.

Comments Invited

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

[[Page 88099]]

comments. We may change these special conditions based on the comments 
we receive.

Background

    On September 13, 2013, Embraer S.A. applied for an amendment to 
Type Certificate (TC) No. A57NM to include the new Model ERJ 190-300 
series airplanes. The ERJ 190-300, which is a derivative of the ERJ 
190-100 STD currently approved under TC No. A57NM, is a 97-114 
passenger transport category airplane with two Pratt & Whitney Model 
PW1900G engines, a new wing design with a high aspect ratio and raked 
wingtip, digital fly-by-wire electronic flight control system, and an 
automatic braking system.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, Embraer S.A. must show that the ERJ 190-300 meets the 
applicable provisions of the regulations listed in Type Certificate No. 
A57NM or the applicable regulations in effect on the date of 
application for the change, except for earlier amendments as agreed 
upon by the FAA. Embraer S.A. must show that the ERJ 190-300 meets the 
applicable provisions of 14 CFR part 25, as amended by Amendments 25-1 
through 25-137.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the ERJ 190-300 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 features, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, these special conditions would also apply to 
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the ERJ 190-300 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.  21.101.

Novel or Unusual Design Features

    The ERJ 190-300 will incorporate the following novel or unusual 
design features:
    An automatic braking system with a pilot-selectable function that 
allows earlier braking at landing without pilot pedal input. When the 
autobrake system is armed before landing, it automatically commands a 
pre-defined braking action after the main wheels touch down. This might 
cause a high nose gear sink rate, and potentially higher gear and 
airframe loads than would occur with a traditional braking system.

Discussion

    These special conditions define a landing pitchover condition that 
accounts for the effects of the automatic braking system. The special 
conditions define the airplane configuration, speeds, and other 
parameters necessary to develop airframe and nose gear loads for this 
condition. The special conditions require that the airplane be designed 
to support the resulting limit and ultimate loads as defined in Sec.  
25.305.
    These special conditions contain the additional safety standards 
that the Administrator considers necessary to establish a level of 
safety equivalent to that established by the existing airworthiness 
standards.

Applicability

    As discussed above, these special conditions are applicable to the 
ERJ 190-300 series airplanes. Should Embraer S.A. 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 certain novel or unusual design features 
on one model of airplanes. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. Therefore, because a delay would 
affect the certification of the airplane, 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 the Embraer S.A. Model ERJ 190-300 
series airplanes.
    A landing pitchover condition must be addressed that takes into 
account the effect of the autobrake system. The airplane is assumed to 
be at the design maximum landing weight, or at the maximum weight 
allowed with the autobrake system on. The airplane is assumed to land 
in a tail-down attitude and at the speeds defined in Sec.  25.481. 
Following main gear contact, the airplane is assumed to rotate about 
the main gear wheels at the highest pitch rate allowed by the autobrake 
system.
    This is considered a limit load condition from which ultimate loads 
must also be determined. Loads must be determined for critical fuel and 
payload distributions and centers of gravity. The effect of the 
autobrake system on fatigue loading spectra must also be investigated. 
Nose gear loads, as well as airframe loads, must be determined. The 
airplane must meet Sec.  25.305 for these loads.

    Issued in Renton, Washington, on November 15, 2016.
Paul Bernado,
Acting Manager, Transport Airplane Directorate Aircraft Certification 
Service.
[FR Doc. 2016-29358 Filed 12-6-16; 8:45 am]
 BILLING CODE 4910-13-P

88098 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations DEPARTMENT OF ENERGY Issued in Washington, DC, on November Avenue SE., Washington, DC, between 9 29, 2016. a.m. and 5 p.m., Monday through 10 CFR Parts 429 and 431 Kathleen B. Hogan, Friday, except Federal holidays. Deputy Assistant Secretary for Energy • Fax: Fax comments to Docket [Docket No. EERE–2014–BT–TP–0006] Efficiency, Energy Efficiency and Renewable Operations at 202–493–2251. Energy. Privacy: The FAA will post all RIN 1904–AD16 [FR Doc. 2016–29078 Filed 12–6–16; 8:45 am] comments it receives, without change, BILLING CODE 6450–01–P to http://www.regulations.gov/, Energy Conservation Program: Test including any personal information the Procedure for Commercial Packaged commenter provides. Using the search Boilers; Withdrawal DEPARTMENT OF TRANSPORTATION function of the docket Web site, anyone can find and read the electronic form of AGENCY: Office of Energy Efficiency and Federal Aviation Administration all comments received into any FAA Renewable Energy, Department of docket, including the name of the Energy. 14 CFR Part 25 individual sending the comment (or ACTION: Final rule; withdrawal. signing the comment for an association, [Docket No. FAA–2016–9461; Special business, labor union, etc.). DOT’s SUMMARY: The U.S. Department of Conditions No. 25–642–SC] Energy (DOE) is withdrawing its final complete Privacy Act Statement can be rule to amend its test procedure for Special Conditions: Embraer S.A., found in the Federal Register published commercial packaged boilers which Model ERJ 190–300 Series Airplanes; on April 11, 2000 (65 FR 19477–19478), published in the Federal Register on Landing Pitchover Condition as well as at Thursday, November 10, 2016. The final http://DocketsInfo.dot.gov/. AGENCY: Federal Aviation Docket: Background documents or rule published on November 10, 2016 Administration (FAA), DOT. comments received may be read at contained errors. Therefore, DOE is ACTION: Final special conditions; request http://www.regulations.gov/ at any time. withdrawing the final rule in its entirety for comments. Follow the online instructions for and will republish the final rule accessing the docket or go to Docket amending its test procedure for SUMMARY: These special conditions are Operations in Room W12–140 of the commercial packaged boilers. issued for the Embraer S.A. Model ERJ West Building Ground Floor at 1200 DATES: Effective December 7, 2016, the 190–300 series airplanes. These New Jersey Avenue SE., Washington, final rule published November 10, 2016 airplanes will have a novel or unusual DC, between 9 a.m. and 5 p.m., Monday (81 FR 79224), effective December 12, design feature when compared to the through Friday, except Federal holidays. 2016, is withdrawn. state of technology envisioned in the FOR FURTHER INFORMATION CONTACT: Greg FOR FURTHER INFORMATION CONTACT: Mr. airworthiness standards for transport Schneider, FAA, Airframe and Cabin James Raba, U.S. Department of Energy, category airplanes. This design feature Safety Branch, ANM–115, Transport Office of Energy Efficiency and is an automatic braking system with a Airplane Directorate, Aircraft Renewable Energy, Building pilot-selectable function that allows Certification Service, 1601 Lind Avenue Technologies Office, EE–5B, 1000 earlier braking at landing without pilot SW., Renton, Washington, 98057–3356; Independence Avenue SW., pedal input. The applicable telephone 425–227–2116; facsimile Washington, DC 20585–0121. airworthiness regulations do not contain 425–227–1320. Telephone: (202) 586–8654. Email: adequate or appropriate safety standards SUPPLEMENTARY INFORMATION: The FAA ApplianceStandardsQuestions@ for this design feature. These special has determined that notice of, and ee.doe.gov. conditions contain the additional safety opportunity for prior public comment SUPPLEMENTARY INFORMATION: DOE is standards that the Administrator on, these special conditions is withdrawing its final rule to amend its considers necessary to establish a level impracticable because these procedures test procedure for commercial packaged of safety equivalent to that established would delay issuance of the design boilers which published in the Federal by the existing airworthiness standards. approval and thus delivery of the Register on Thursday, November 10, DATES: This action is effective on affected airplane. 2016 (81 FR 79224). Among other Embraer S.A. on December 7, 2016. We In addition, the substance of these amendments, the final rule incorporates must receive your comments by January special conditions has been subject to by reference certain sections of the 23, 2017. the public comment process in several American National Standards Institute ADDRESSES: Send comments identified prior instances with no substantive (ANSI)/Air-Conditioning, Heating, and by docket number FAA–2016–9461 comments received. The FAA therefore Refrigeration Institute (AHRI) Standard using any of the following methods: finds that good cause exists for making 1500, ‘‘2015 Standard for Performance • Federal eRegulations Portal: Go to these special conditions effective upon Rating of Commercial Space Heating http://www.regulations.gov/and follow publication in the Federal Register. Boilers,’’ provides an optional field test the online instructions for sending your for commercial packaged boilers with comments electronically. Comments Invited rated input greater than 5,000,000 Btu/ • Mail: Send comments to Docket We invite interested people to take h, and modifies the inlet water Operations, M–30, U.S. Department of part in this rulemaking by sending asabaliauskas on DSK3SPTVN1PROD with RULES temperatures during tests of hot water Transportation (DOT), 1200 New Jersey written comments, data, or views. The commercial packaged boilers. Avenue SE., Room W12–140, West most helpful comments reference a Because the November 10, 2016, rule Building Ground Floor, Washington, DC specific portion of the special contained errors, DOE is withdrawing 20590–0001. conditions, explain the reason for any the final rule in its entirety and will • Hand Delivery or Courier: Take recommended change, and include republish the final rule amending its comments to Docket Operations in supporting data. test procedure for commercial packaged Room W12–140 of the West Building We will consider all comments we boilers. Ground Floor at 1200 New Jersey receive by the closing date for VerDate Sep<11>2014 16:02 Dec 06, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1

Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations 88099 comments. We may change these special Novel or Unusual Design Features have been submitted in response to the conditions based on the comments we The ERJ 190–300 will incorporate the prior opportunities for comment receive. following novel or unusual design described above. Background features: List of Subjects in 14 CFR Part 25 An automatic braking system with a On September 13, 2013, Embraer S.A. pilot-selectable function that allows Aircraft, Aviation safety, Reporting applied for an amendment to Type earlier braking at landing without pilot and recordkeeping requirements. Certificate (TC) No. A57NM to include pedal input. When the autobrake system The authority citation for these the new Model ERJ 190–300 series is armed before landing, it automatically special conditions is as follows: airplanes. The ERJ 190–300, which is a commands a pre-defined braking action Authority: 49 U.S.C. 106(g), 40113, 44701, derivative of the ERJ 190–100 STD after the main wheels touch down. This 44702, 44704. currently approved under TC No. might cause a high nose gear sink rate, A57NM, is a 97–114 passenger transport and potentially higher gear and airframe The Special Conditions category airplane with two Pratt & loads than would occur with a Accordingly, pursuant to the Whitney Model PW1900G engines, a traditional braking system. authority delegated to me by the new wing design with a high aspect Administrator, the following special Discussion ratio and raked wingtip, digital fly-by- conditions are issued as part of the type wire electronic flight control system, These special conditions define a certification basis for the Embraer S.A. and an automatic braking system. landing pitchover condition that Model ERJ 190–300 series airplanes. accounts for the effects of the automatic A landing pitchover condition must Type Certification Basis braking system. The special conditions be addressed that takes into account the Under the provisions of Title 14, Code define the airplane configuration, effect of the autobrake system. The of Federal Regulations (14 CFR) 21.101, speeds, and other parameters necessary airplane is assumed to be at the design Embraer S.A. must show that the ERJ to develop airframe and nose gear loads maximum landing weight, or at the 190–300 meets the applicable for this condition. The special maximum weight allowed with the provisions of the regulations listed in conditions require that the airplane be autobrake system on. The airplane is Type Certificate No. A57NM or the designed to support the resulting limit assumed to land in a tail-down attitude applicable regulations in effect on the and ultimate loads as defined in and at the speeds defined in § 25.481. date of application for the change, § 25.305. Following main gear contact, the These special conditions contain the airplane is assumed to rotate about the except for earlier amendments as agreed additional safety standards that the upon by the FAA. Embraer S.A. must main gear wheels at the highest pitch Administrator considers necessary to rate allowed by the autobrake system. show that the ERJ 190–300 meets the establish a level of safety equivalent to applicable provisions of 14 CFR part 25, This is considered a limit load that established by the existing condition from which ultimate loads as amended by Amendments 25–1 airworthiness standards. through 25–137. must also be determined. Loads must be Applicability determined for critical fuel and payload If the Administrator finds that the distributions and centers of gravity. The applicable airworthiness regulations As discussed above, these special effect of the autobrake system on fatigue (i.e., 14 CFR part 25) do not contain conditions are applicable to the ERJ loading spectra must also be adequate or appropriate safety standards 190–300 series airplanes. Should investigated. Nose gear loads, as well as for the ERJ 190–300 because of a novel Embraer S.A. apply at a later date for a airframe loads, must be determined. The or unusual design feature, special change to the type certificate to include airplane must meet § 25.305 for these conditions are prescribed under the another model incorporating the same loads. provisions of § 21.16. novel or unusual design feature, these Special conditions are initially special conditions would apply to that Issued in Renton, Washington, on model as well. November 15, 2016. applicable to the Model for which they Paul Bernado, are issued. Should the type certificate Conclusion for that model be amended later to Acting Manager, Transport Airplane This action affects only certain novel Directorate Aircraft Certification Service. include any other model that or unusual design features on one model [FR Doc. 2016–29358 Filed 12–6–16; 8:45 am] incorporates the same novel or unusual of airplanes. It is not a rule of general design features, or should any other BILLING CODE 4910–13–P applicability. model already included on the same The substance of these special type certificate be modified to conditions has been subjected to the incorporate the same novel or unusual notice and comment period in several DEPARTMENT OF HEALTH AND design feature, these special conditions prior instances and has been derived HUMAN SERVICES would also apply to the other model without substantive change from those under § 21.101. previously issued. It is unlikely that Food and Drug Administration In addition to the applicable prior public comment would result in a airworthiness regulations and special significant change from the substance 21 CFR Part 1 conditions, the ERJ 190–300 must contained herein. Therefore, because a comply with the fuel vent and exhaust delay would affect the certification of [Docket No. FDA–2011–N–0146] asabaliauskas on DSK3SPTVN1PROD with RULES emission requirements of 14 CFR part the airplane, the FAA has determined 34 and the noise-certification Third-Party Certification Body that prior public notice and comment requirements of 14 CFR part 36. Accreditation for Food Safety Audits: are unnecessary and impracticable, and Model Accreditation Standards; The FAA issues special conditions, as good cause exists for adopting these Guidance for Industry and Food and defined in 14 CFR 11.19, in accordance special conditions upon publication in Drug Administration Staff; Availability with § 11.38, and they become part of the Federal Register. The FAA is the type certification basis under requesting comments to allow interested AGENCY: Food and Drug Administration, § 21.101. persons to submit views that may not HHS. VerDate Sep<11>2014 17:22 Dec 06, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1


Document Created: 2016-12-07 05:31:56
Document Modified: 2016-12-07 05:31:56
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 Embraer S.A. on December 7, 2016. We must receive your comments by January 23, 2017.
ContactGreg Schneider, FAA, Airframe and Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057- 3356; telephone 425-227-2116; facsimile 425-227-1320.
FR Citation81 FR 88098 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements
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