82_FR_14168 82 FR 14117 - Definition with High-Speed-Protection System

82 FR 14117 - Definition with High-Speed-Protection System

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 51 (March 17, 2017)

Page Range14117-14119
FR Document2017-05329

These special conditions are issued for the Embraer, S.A., (Embraer) Model ERJ 190-300 airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is a high-speed-protection 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 82 Issue 51 (Friday, March 17, 2017)
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Rules and Regulations]
[Pages 14117-14119]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05329]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-9403; Special Conditions No. 25-643-SC] Special 
Conditions: Embraer, S.A., Model ERJ 190-300 Airplane; Dive-Speed


Definition with High-Speed-Protection System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Embraer, S.A., 
(Embraer) Model ERJ 190-300 airplane. This airplane will have a novel 
or unusual design feature when compared to the state of technology 
envisioned in the airworthiness standards for transport-category 
airplanes. This design feature is a high-speed-protection 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 Embraer on March 17, 2017. We must 
receive your comments by May 1, 2017.

ADDRESSES: Send comments identified by docket number FAA-2016-9403 
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

[[Page 14118]]

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 could 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.
    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.

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 September 13, 2013, Embraer S.A. applied for an amendment to 
Type Certificate 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 Type Certificate No. A57NM, is a 97 to 
114-passenger transport-category airplane designed with a new wing with 
a high aspect ratio and raked wingtip, and a new electrical-
distribution system. The maximum take-off weight is 124,340 lbs (56,400 
kg).

Type Certification Basis

    Under the provisions of Sec.  21.101, Embraer 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.
    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 Embraer Model ERJ 190-300 airplane 
because of a novel or unusual design feature, special conditions are 
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, these special conditions would also apply to 
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Embraer Model ERJ 190-300 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.  21.101.

Novel or Unusual Design Features

    The Embraer Model ERJ 190-300 airplane will incorporate the 
following novel or unusual design feature: a high-speed-protection 
system.

Discussion

    Section 25.335(b)(1) addresses a dive-speed condition, that was 
originally adopted in part 4b of the Civil Air Regulations, to provide 
an acceptable speed margin between design cruise speed and design dive 
speed. Design dive speed impacts flutter-clearance design speeds and 
airframe design loads. While the initial condition for the upset 
specified in the rule is 1 g level flight, protection is provided for 
other inadvertent overspeed conditions as well. Section 25.335(b)(1) is 
intended as a conservative enveloping condition for potential overspeed 
conditions, including non-symmetric conditions. To ensure that 
potential overspeed conditions are covered, the applicant should 
demonstrate that the airplane will not exceed dive speed in 
inadvertent, or gust-induced, upsets resulting in initiation of the 
dive from non-symmetric attitudes; or that the airplane is protected, 
by the flight-control laws, from getting into non-symmetric upset 
conditions. The applicant should conduct a demonstration that includes 
a comprehensive set of conditions, as described in the special 
conditions.
    These special conditions are in lieu of Sec.  25.335(b)(1). Section 
25.335(b)(2), which also addresses the design dive speed, is applied 
separately. Advisory Circular (AC) 25.335-1A, Design Dive Speed, dated 
September 29, 2000, provides an acceptable means of compliance to Sec.  
25.335(b)(2)).
    Special conditions are necessary to address the high-speed-
protection system on the Embraer Model ERJ 190-300 airplane. The 
special conditions identify various symmetric and non-symmetric 
maneuvers that will ensure that an appropriate design dive speed, 
VD/MD, is established.
    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 
Embraer Model ERJ 190-300 airplane. Should Embraer apply at a later 
date for a change to the type certificate to include

[[Page 14119]]

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 airplane. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. Therefore, because a delay would 
significantly affect the certification of the airplane, 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 Embraer Model ERJ 190-300 airplanes.
    1. In lieu of compliance with Sec.  25.335(b)(1), if the flight-
control system includes functions that act automatically to initiate 
recovery before the end of the 20-second period specified in Sec.  
25.335(b)(1), VD/MD must be determined from the 
greater of the speeds resulting from special conditions 1(a) and 1(b), 
below. The speed increase occurring in these maneuvers may be 
calculated if reliable or conservative aerodynamic data are used.
    a. From an initial condition of stabilized flight at VC/
MC, the airplane is upset so as to take up a new flight path 
7.5 degrees below the initial path. Control application, up to full 
authority, is made to try to maintain this new flight path. Twenty 
seconds after initiating the upset, manual recovery is made at a load 
factor of 1.5 g (0.5 g acceleration increment), or such greater load 
factor that is automatically applied by the system with the pilot's 
pitch control neutral. Power, as specified in Sec.  25.175(b)(1)(iv), 
is assumed until recovery is initiated, at which time power reduction 
and the use of pilot-controlled drag devices may be used.
    b. From a speed below VC/MC, with power to 
maintain stabilized level flight at this speed, the airplane is upset 
so as to accelerate through VC/MC at a flight 
path 15 degrees below the initial path (or at the steepest nose-down 
attitude that the system will permit with full control authority if 
less than 15 degrees). The pilot's controls may be in the neutral 
position after reaching VC/MC and before recovery 
is initiated. Recovery may be initiated three seconds after operation 
of the high-speed warning system by application of a load of 1.5 g (0.5 
g acceleration increment), or such greater load factor that is 
automatically applied by the system with the pilot's pitch control 
neutral. Power may be reduced simultaneously. All other means of 
decelerating the airplane, the use of which is authorized up to the 
highest speed reached in the maneuver, may be used. The interval 
between successive pilot actions must not be less than one second.
    2. The applicant must also demonstrate that the speed margin, 
established as above, will not be exceeded in inadvertent or gust-
induced upsets resulting in initiation of the dive from non-symmetric 
attitudes, unless the airplane is protected, by the flight-control 
laws, from getting into non-symmetric upset conditions. The upset 
maneuvers described in Advisory Circular 25-7C, ``Flight Test Guide for 
Certification of Transport Category Airplanes,'' section 8, paragraph 
32, sub-paragraphs c(3)(a) and (b), may be used to comply with this 
requirement.
    3. The probability of any failure of the high-speed-protection 
system that would result in an airspeed exceeding those determined by 
special conditions 1 and 2, above, must be less than 10-5 
per flight hour.
    4. Failures of the system must be annunciated to the pilots. 
Airplane flight-manual instructions must be provided that reduce the 
maximum operating speeds, VMO/MMO. With the 
system failed, the operating speed must be reduced to a value that 
maintains a speed margin between VMO/MMO and 
VD/MD, and that is consistent with showing 
compliance with Sec.  25.335(b) without the benefit of the high-speed-
protection system.
    5. Dispatch of the airplane with the high-speed-protection system 
inoperative could be allowed under an approved minimum equipment list 
that would require airplane flight-manual instructions to indicate 
reduced maximum operating speeds, as described in special condition 4, 
above. In addition, the flight-deck display of the reduced operating 
speeds, as well as the overspeed warning for exceeding those speeds, 
must be equivalent to that of the normal airplane with the high-speed-
protection system operative. Also, the applicant must show that no 
additional hazards are introduced with the high-speed-protection system 
inoperative.

    Issued in Renton, Washington, on February 7, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-05329 Filed 3-16-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                                    Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations                                        14117

                                                  2. The airplane in the PFCS Normal                    KEAS) to zero damping margin to flutter               use of analysis Method 1 of AC 25.629–
                                                mode, but with the F0VMS system                         at 1.15 VD/1.15 MD, limited to Mach 1.0.              1B, Section 7.1.3.3. Figure 2, below,
                                                inoperative, must exhibit a damping                     That is, the 3Hz mode should not cross                illustrates the Damping versus Airspeed
                                                margin to flutter of 0.015g within the                  the g = 0.015 line below VD, or the g =               plot.
                                                VD/MD envelope, linearly decreasing (in                 0.03 line below 1.15 VD, assuming the




                                                  3. The airplane in the PFCS Normal                    DEPARTMENT OF TRANSPORTATION                          not contain adequate or appropriate
                                                mode (which includes F0VMS) must                                                                              safety standards for this design feature.
                                                meet the fail-safe flutter and aeroelastic              Federal Aviation Administration                       These special conditions contain the
                                                stability requirements of § 25.629(b)(2),                                                                     additional safety standards that the
                                                and the damping-margin criteria of AC                   14 CFR Part 25                                        Administrator considers necessary to
                                                25.629–1B, Section 7.1.3.5.                                                                                   establish a level of safety equivalent to
                                                                                                        [Docket No. FAA–2016–9403; Special
                                                                                                                                                              that established by the existing
                                                  4. The airplane in the PFCS                           Conditions No. 25–643–SC] Special
                                                                                                        Conditions: Embraer, S.A., Model ERJ 190–             airworthiness standards.
                                                Secondary and Direct modes must meet
                                                the fail-safe flutter and aeroelastic-                  300 Airplane; Dive-Speed                              DATES: This action is effective on
                                                stability requirements of § 25.629(b)(2),                                                                     Embraer on March 17, 2017. We must
                                                                                                        Definition with High-Speed-Protection                 receive your comments by May 1, 2017.
                                                and the damping-margin criteria of AC                   System
                                                25.629–1B, Section 7.1.3.5.                                                                                   ADDRESSES: Send comments identified
                                                                                                        AGENCY:  Federal Aviation                             by docket number FAA–2016–9403
                                                  Issued in Renton, Washington, on February                                                                   using any of the following methods:
                                                10, 2017.
                                                                                                        Administration (FAA), DOT.
                                                                                                        ACTION: Final special conditions; request               • Federal eRegulations Portal: Go to
                                                Michael Kaszycki,                                                                                             http://www.regulations.gov/ and follow
                                                                                                        for comments.
                                                Assistant Manager, Transport Airplane                                                                         the online instructions for sending your
                                                Directorate, Aircraft Certification Service.            SUMMARY:    These special conditions are              comments electronically.
                                                [FR Doc. 2017–05326 Filed 3–16–17; 8:45 am]             issued for the Embraer, S.A., (Embraer)                 • Mail: Send comments to Docket
                                                BILLING CODE 4910–13–P                                  Model ERJ 190–300 airplane. This                      Operations, M–30, U.S. Department of
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                                                                                                        airplane will have a novel or unusual                 Transportation (DOT), 1200 New Jersey
                                                                                                        design feature when compared to the                   Avenue SE., Room W12–140, West
                                                                                                        state of technology envisioned in the                 Building Ground Floor, Washington, DC
                                                                                                        airworthiness standards for transport-                20590–0001.
                                                                                                        category airplanes. This design feature                 • Hand Delivery or Courier: Take
                                                                                                        is a high-speed-protection system. The                comments to Docket Operations in
                                                                                                                                                                                                          ER17MR17.001</GPH>




                                                                                                        applicable airworthiness regulations do               Room W12–140 of the West Building


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                                                14118               Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations

                                                Ground Floor at 1200 New Jersey                         specific portion of the special                       the type certification basis under
                                                Avenue SE., Washington, DC, between 9                   conditions, explain the reason for any                § 21.101.
                                                a.m. and 5 p.m., Monday through                         recommended change, and include
                                                                                                                                                              Novel or Unusual Design Features
                                                Friday, except Federal holidays.                        supporting data.
                                                   • Fax: Fax comments to Docket                          We will consider all comments we                      The Embraer Model ERJ 190–300
                                                Operations at 202–493–2251.                             receive by the closing date for                       airplane will incorporate the following
                                                   Privacy: The FAA will post all                       comments. We may change these special                 novel or unusual design feature: a high-
                                                comments it receives, without change,                   conditions based on the comments we                   speed-protection system.
                                                to http://www.regulations.gov/,                         receive.                                              Discussion
                                                including any personal information the                  Background
                                                commenter provides. Using the search                                                                             Section 25.335(b)(1) addresses a dive-
                                                function of the docket Web site, anyone                   On September 13, 2013, Embraer S.A.                 speed condition, that was originally
                                                can find and read the electronic form of                applied for an amendment to Type                      adopted in part 4b of the Civil Air
                                                all comments received into any FAA                      Certificate No. A57NM to include the                  Regulations, to provide an acceptable
                                                docket, including the name of the                       new Model ERJ 190–300 series                          speed margin between design cruise
                                                individual sending the comment (or                      airplanes. The ERJ 190–300, which is a                speed and design dive speed. Design
                                                signing the comment for an association,                 derivative of the ERJ 190–100 STD                     dive speed impacts flutter-clearance
                                                business, labor union, etc.). DOT’s                     currently approved under Type                         design speeds and airframe design
                                                complete Privacy Act Statement can be                   Certificate No. A57NM, is a 97 to 114-                loads. While the initial condition for the
                                                found in the Federal Register published                 passenger transport-category airplane                 upset specified in the rule is 1 g level
                                                on April 11, 2000 (65 FR 19477–19478),                  designed with a new wing with a high                  flight, protection is provided for other
                                                as well as at http://DocketsInfo.dot.gov/               aspect ratio and raked wingtip, and a                 inadvertent overspeed conditions as
                                                .                                                       new electrical-distribution system. The               well. Section 25.335(b)(1) is intended as
                                                   Docket: Background documents or                      maximum take-off weight is 124,340 lbs                a conservative enveloping condition for
                                                comments received may be read at                        (56,400 kg).                                          potential overspeed conditions,
                                                http://www.regulations.gov/ at any time.                                                                      including non-symmetric conditions. To
                                                                                                        Type Certification Basis                              ensure that potential overspeed
                                                Follow the online instructions for
                                                accessing the docket or go to Docket                       Under the provisions of § 21.101,                  conditions are covered, the applicant
                                                Operations in Room W12–140 of the                       Embraer must show that the ERJ 190–                   should demonstrate that the airplane
                                                West Building Ground Floor at 1200                      300 meets the applicable provisions of                will not exceed dive speed in
                                                New Jersey Avenue SE., Washington,                      the regulations listed in Type Certificate            inadvertent, or gust-induced, upsets
                                                DC, between 9 a.m. and 5 p.m., Monday                   No. A57NM, or the applicable                          resulting in initiation of the dive from
                                                through Friday, except Federal holidays.                regulations in effect on the date of                  non-symmetric attitudes; or that the
                                                                                                        application for the change, except for                airplane is protected, by the flight-
                                                FOR FURTHER INFORMATION CONTACT: Greg
                                                                                                        earlier amendments as agreed upon by                  control laws, from getting into non-
                                                Schneider, FAA, Airframe and Cabin                      the FAA.                                              symmetric upset conditions. The
                                                Safety Branch, ANM–115, Transport                          If the Administrator finds that the                applicant should conduct a
                                                Airplane Directorate, Aircraft                          applicable airworthiness regulations                  demonstration that includes a
                                                Certification Service, 1601 Lind Avenue                 (i.e., 14 CFR part 25) do not contain                 comprehensive set of conditions, as
                                                SW., Renton, Washington 98057–3356;                     adequate or appropriate safety standards              described in the special conditions.
                                                telephone 425–227–2116; facsimile                       for the Embraer Model ERJ 190–300                        These special conditions are in lieu of
                                                425–227–1320.                                           airplane because of a novel or unusual                § 25.335(b)(1). Section 25.335(b)(2),
                                                SUPPLEMENTARY INFORMATION: The FAA                      design feature, special conditions are                which also addresses the design dive
                                                has determined that notice of, and                      prescribed under the provisions of                    speed, is applied separately. Advisory
                                                opportunity for prior public comment                    § 21.16.                                              Circular (AC) 25.335–1A, Design Dive
                                                on, these special conditions is                            Special conditions are initially                   Speed, dated September 29, 2000,
                                                impracticable because these procedures                  applicable to the model for which they                provides an acceptable means of
                                                could delay issuance of the design                      are issued. Should the type certificate               compliance to § 25.335(b)(2)).
                                                approval and thus delivery of the                       for that model be amended later to                       Special conditions are necessary to
                                                affected airplane.                                      include any other model that                          address the high-speed-protection
                                                   In addition, the substance of these                  incorporates the same novel or unusual                system on the Embraer Model ERJ 190–
                                                special conditions has been subject to                  design feature, or should any other                   300 airplane. The special conditions
                                                the public-comment process in several                   model already included on the same                    identify various symmetric and non-
                                                prior instances with no substantive                     type certificate be modified to                       symmetric maneuvers that will ensure
                                                comments received. The FAA therefore                    incorporate the same novel or unusual                 that an appropriate design dive speed,
                                                finds that good cause exists for making                 design feature, these special conditions              VD/MD, is established.
                                                these special conditions effective upon                 would also apply to the other model                      These special conditions contain the
                                                publication in the Federal Register.                    under § 21.101.                                       additional safety standards that the
                                                   The FAA is requesting comments to                       In addition to the applicable                      Administrator considers necessary to
                                                allow interested persons to submit                      airworthiness regulations and special                 establish a level of safety equivalent to
                                                views that may not have been submitted                  conditions, the Embraer Model ERJ 190–                that established by the existing
                                                in response to the prior opportunities                  300 airplane must comply with the fuel-               airworthiness standards.
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                                                for comment described above.                            vent and exhaust-emission requirements
                                                                                                        of 14 CFR part 34 and the noise-                      Applicability
                                                Comments Invited                                                                                                As discussed above, these special
                                                                                                        certification requirements of 14 CFR
                                                  We invite interested people to take                   part 36.                                              conditions are applicable to the Embraer
                                                part in this rulemaking by sending                         The FAA issues special conditions, as              Model ERJ 190–300 airplane. Should
                                                written comments, data, or views. The                   defined in 14 CFR 11.19, in accordance                Embraer apply at a later date for a
                                                most helpful comments reference a                       with § 11.38, and they become part of                 change to the type certificate to include


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                                                                    Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations                                               14119

                                                another model incorporating the same                    load factor that is automatically applied             would require airplane flight-manual
                                                novel or unusual design feature, these                  by the system with the pilot’s pitch                  instructions to indicate reduced
                                                special conditions would apply to that                  control neutral. Power, as specified in               maximum operating speeds, as
                                                model as well.                                          § 25.175(b)(1)(iv), is assumed until                  described in special condition 4, above.
                                                                                                        recovery is initiated, at which time                  In addition, the flight-deck display of
                                                Conclusion
                                                                                                        power reduction and the use of pilot-                 the reduced operating speeds, as well as
                                                  This action affects only certain novel                controlled drag devices may be used.                  the overspeed warning for exceeding
                                                or unusual design features on one model                    b. From a speed below VC/MC, with                  those speeds, must be equivalent to that
                                                of airplane. It is not a rule of general                power to maintain stabilized level flight             of the normal airplane with the high-
                                                applicability.                                          at this speed, the airplane is upset so as            speed-protection system operative. Also,
                                                  The substance of these special                        to accelerate through VC/MC at a flight               the applicant must show that no
                                                conditions has been subjected to the                    path 15 degrees below the initial path                additional hazards are introduced with
                                                notice and comment period in several                    (or at the steepest nose-down attitude                the high-speed-protection system
                                                prior instances and has been derived                    that the system will permit with full                 inoperative.
                                                without substantive change from those                   control authority if less than 15                        Issued in Renton, Washington, on February
                                                previously issued. It is unlikely that                  degrees). The pilot’s controls may be in              7, 2017.
                                                prior public comment would result in a                  the neutral position after reaching VC/               Michael Kaszycki,
                                                significant change from the substance                   MC and before recovery is initiated.                  Assistant Manager, Transport Airplane
                                                contained herein. Therefore, because a                  Recovery may be initiated three seconds               Directorate, Aircraft Certification Service.
                                                delay would significantly affect the                    after operation of the high-speed                     [FR Doc. 2017–05329 Filed 3–16–17; 8:45 am]
                                                certification of the airplane, the FAA                  warning system by application of a load
                                                                                                                                                              BILLING CODE 4910–13–P
                                                has determined that prior public notice                 of 1.5 g (0.5 g acceleration increment),
                                                and comment are unnecessary and                         or such greater load factor that is
                                                impracticable, and good cause exists for                automatically applied by the system                   DEPARTMENT OF TRANSPORTATION
                                                adopting these special conditions upon                  with the pilot’s pitch control neutral.
                                                publication in the Federal Register. The                Power may be reduced simultaneously.                  Federal Aviation Administration
                                                FAA is requesting comments to allow                     All other means of decelerating the
                                                interested persons to submit views that                 airplane, the use of which is authorized              14 CFR Part 25
                                                may not have been submitted in                          up to the highest speed reached in the
                                                                                                        maneuver, may be used. The interval                   [Docket No. FAA–2016–9401; Special
                                                response to the prior opportunities for
                                                                                                                                                              Conditions No. 25–651–SC]
                                                comment described above.                                between successive pilot actions must
                                                                                                        not be less than one second.                          Special Conditions: Avionics Design
                                                List of Subjects in 14 CFR Part 25                         2. The applicant must also                         Services Ltd., Textron Model 550/S550/
                                                  Aircraft, Aviation safety, Reporting                  demonstrate that the speed margin,                    560/560XL Airplanes; Rechargeable
                                                and recordkeeping requirements.                         established as above, will not be                     Lithium Batteries and Battery Systems
                                                  The authority citation for these                      exceeded in inadvertent or gust-induced
                                                special conditions is as follows:                       upsets resulting in initiation of the dive            AGENCY:  Federal Aviation
                                                  Authority: 49 U.S.C. 106(g), 40113, 44701,            from non-symmetric attitudes, unless                  Administration (FAA), DOT.
                                                44702, 44704.                                           the airplane is protected, by the flight-             ACTION: Final special conditions; request
                                                                                                        control laws, from getting into non-                  for comments.
                                                The Special Conditions                                  symmetric upset conditions. The upset
                                                   Accordingly, pursuant to the                         maneuvers described in Advisory                       SUMMARY:    These special conditions are
                                                authority delegated to me by the                        Circular 25–7C, ‘‘Flight Test Guide for               issued for the Textron Model 550/S550/
                                                Administrator, the following special                    Certification of Transport Category                   560/560XL airplanes. These airplanes,
                                                conditions are issued as part of the type               Airplanes,’’ section 8, paragraph 32,                 as modified by Avionics Design Services
                                                certification basis for Embraer Model                   sub-paragraphs c(3)(a) and (b), may be                Ltd., will have a novel or unusual
                                                ERJ 190–300 airplanes.                                  used to comply with this requirement.                 design feature when compared to the
                                                   1. In lieu of compliance with                           3. The probability of any failure of the           state of technology envisioned in the
                                                § 25.335(b)(1), if the flight-control                   high-speed-protection system that                     airworthiness standards for transport-
                                                system includes functions that act                      would result in an airspeed exceeding                 category airplanes. This design feature
                                                automatically to initiate recovery before               those determined by special conditions                is rechargeable lithium batteries and
                                                the end of the 20-second period                         1 and 2, above, must be less than 10¥5                battery systems installed in the
                                                specified in § 25.335(b)(1), VD/MD must                 per flight hour.                                      airplanes. The applicable airworthiness
                                                be determined from the greater of the                      4. Failures of the system must be                  regulations do not contain adequate or
                                                speeds resulting from special conditions                annunciated to the pilots. Airplane                   appropriate safety standards for this
                                                1(a) and 1(b), below. The speed increase                flight-manual instructions must be                    design feature. These special conditions
                                                occurring in these maneuvers may be                     provided that reduce the maximum                      contain the additional safety standards
                                                calculated if reliable or conservative                  operating speeds, VMO/MMO. With the                   that the Administrator considers
                                                aerodynamic data are used.                              system failed, the operating speed must               necessary to establish a level of safety
                                                   a. From an initial condition of                      be reduced to a value that maintains a                equivalent to that established by the
                                                stabilized flight at VC/MC, the airplane                speed margin between VMO/MMO and                      existing airworthiness standards.
                                                is upset so as to take up a new flight                  VD/MD, and that is consistent with                    DATES: This action is effective on
mstockstill on DSK3G9T082PROD with RULES




                                                path 7.5 degrees below the initial path.                showing compliance with § 25.335(b)                   Textron on March 17, 2017. We must
                                                Control application, up to full authority,              without the benefit of the high-speed-                receive your comments by May 1, 2017.
                                                is made to try to maintain this new                     protection system.                                    ADDRESSES: Send comments identified
                                                flight path. Twenty seconds after                          5. Dispatch of the airplane with the               by docket number FAA–2016–9401
                                                initiating the upset, manual recovery is                high-speed-protection system                          using any of the following methods:
                                                made at a load factor of 1.5 g (0.5 g                   inoperative could be allowed under an                    b Federal eRegulations Portal: Go to
                                                acceleration increment), or such greater                approved minimum equipment list that                  http://www.regulations.gov/and follow


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Document Created: 2017-03-17 02:48:38
Document Modified: 2017-03-17 02:48:38
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 on March 17, 2017. We must receive your comments by May 1, 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 Citation82 FR 14117 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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