82 FR 17101 - Special Conditions: Embraer S.A. Model ERJ 190-300 Airplane; Flight Envelope Protection, General Limiting Requirements
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 67 (April 10, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 67 (April 10, 2017)
| Page Range | 17101-17103 | |
| FR Document | 2017-07060 |
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)] [Rules and Regulations] [Pages 17101-17103] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07060] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2016-9402; Special Conditions No. 25-655-SC] Special Conditions: Embraer S.A. Model ERJ 190-300 Airplane; Flight Envelope Protection, General Limiting Requirements 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 new control architecture and a full digital flight-control system, both of which provide flight-envelope protections. 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 April 10, 2017. We must receive your comments by May 25, 2017. ADDRESSES: Send comments identified by docket number FAA-2016-9402 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 [[Page 17102]] 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: Joe Jacobsen, FAA, Airplane and Flightcrew Interface, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057- 3356; telephone (425) 227-2011; facsimile (425) 227-1320. SUPPLEMENTARY INFORMATION: The substance of these special conditions has been subject 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. 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 applied for an amendment to Type Certificate No. A57NM to include the new Model ERJ 190-300 airplane. The Model ERJ 190-300 airplane, which is a derivative of the Embraer Model ERJ 190-100 STD airplane 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 Title 14, Code of Federal Regulations (14 CFR) 21.101, Embraer must show that the Model ERJ 190-300 airplane 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 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 new control architecture and a full digital flight-control system, both of which provide flight- envelope protections. Discussion The applicable airworthiness regulation that applies to these special conditions is 14 CFR 25.143. The purpose of Sec. 25.143 is to verify that any airplane operational maneuvers conducted within the airplane operational envelope can be accomplished smoothly with average piloting skill, and without exceeding any structural limits. The pilot should be able to predict the airplane response to any control input. During the course of the flight-test program, the pilot determines compliance with Sec. 25.143 primarily through qualitative methods. During flight test, the pilot evaluates all of the following: The interface between each protection function, Transitions from one mode to another, The aircraft response to intentional dynamic maneuvering, whenever applicable, through dedicated maneuvers, General controllability, High speed characteristics, and High angle-of-attack. However, Sec. 25.143 does not adequately ensure that the novel or unusual feature of the Embraer Model ERJ 190-300 airplane will have a level of safety equivalent to that of existing standards. These special conditions are required to accommodate the flight-envelope-limiting systems in the Model ERJ 190-300 airplane. 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 another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well. 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 subject 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 [[Page 17103]] 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. General Limiting Requirements a. Onset characteristics of each envelope protection feature must be smooth, appropriate to the phase of flight and type of maneuver, and not in conflict with the ability of the pilot to satisfactorily change airplane flight path, speed, or attitude as needed. b. Limit values of protected flight parameters (and if applicable, associated warning thresholds) must be compatible with the following: i. Airplane structural limits, ii. Required safe and controllable maneuvering of the airplane, and iii. Margins to critical conditions. Unsafe flight characteristics/ conditions must not result if dynamic maneuvering, airframe and system tolerances (both manufacturing and in-service), and non-steady atmospheric conditions, in any appropriate combination and phase of flight, can produce a limited flight parameter beyond the nominal design-limit value. c. The airplane must be responsive to intentional dynamic maneuvering to within a suitable range of the parameter limit. Dynamic characteristics such as damping and overshoot must also be appropriate for the flight maneuver and limit parameter in question. d. When simultaneous envelope limiting is engaged, adverse coupling or adverse priority must not result. 2. Failure States a. Electronic flight-control-system failures (including sensors) must not result in a condition where a parameter is limited to such a reduced value that safe and controllable maneuvering is no longer available. b. The crew must be alerted by suitable means if any change in envelope limiting or maneuverability is produced by single or multiple failures of the electronic flight-control system not shown to be extremely improbable. Issued in Renton, Washington, on March 15, 2017. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-07060 Filed 4-7-17; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations 17101
TABLE OF MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS OCCURRING ON OR
AFTER JANUARY 15, 2017—Continued
2016 minimum New minimum
United States Code 2016 maximum pen- New maximum pen-
Civil monetary penalty description penalty penalty
citation alty amount alty amount
amount amount
49 U.S.C. Violation by an individual or small busi- N/A N/A 12,856 ..................... 13,066.
46301(a)(5)(B)(ii). ness concern related to the registration
or recordation under 49 U.S.C. chapter
441, of an aircraft not used to provide
air transportation.
49 U.S.C. Violation by an individual or small busi- N/A N/A 12,856 ..................... 13,066.
46301(a)(5)(B)(iii). ness concern of 49 U.S.C. 44718(d),
relating to limitation on construction or
establishment of landfills.
49 U.S.C. Violation by an individual or small busi- N/A N/A 12,856 ..................... 13,066.
46301(a)(5)(B)(iv). ness concern of 49 U.S.C. 44725, re-
lating to the safe disposal of life-limited
aircraft parts.
49 U.S.C. 46301(b) Tampering with a smoke alarm device .... N/A N/A 4,126 ....................... 4,194.
49 U.S.C. 46302 ..... Knowingly providing false information N/A N/A 22,587 ..................... 22,957.
about alleged violation involving the
special aircraft jurisdiction of the
United States.
49 U.S.C. 46318 ..... Interference with cabin or flight crew ...... N/A N/A 34,172 ..................... 34,731.
49 U.S.C. 46319 ..... Permanent closure of an airport without N/A N/A 12,856 ..................... 13,066.
providing sufficient notice.
49 U.S.C. 47531 ..... Violation of 49 U.S.C. 47528–47530, re- N/A N/A See 49 U.S.C. See 49 U.S.C.
lating to the prohibition of operating 46301(a)(1) and 46301(a)(1) and
certain aircraft not complying with (a)(5), above. (a)(5), above.
stage 3 noise levels.
CHAPTER III—COMMERCIAL SPACE DEPARTMENT OF TRANSPORTATION of safety equivalent to that established
TRANSPORTATION, FEDERAL AVIATION by the existing airworthiness standards.
ADMINISTRATION, DEPARTMENT OF Federal Aviation Administration DATES: This action is effective on
TRANSPORTATION
Embraer on April 10, 2017. We must
14 CFR Part 25 receive your comments by May 25,
PART 406—INVESTIGATIONS,
ENFORCEMENT, AND 2017.
ADMINISTRATIVE REVIEW [Docket No. FAA–2016–9402; Special ADDRESSES: Send comments identified
Conditions No. 25–655–SC] by docket number FAA–2016–9402
■ 3. The authority citation for part 406 using any of the following methods:
Special Conditions: Embraer S.A.
continues to read as follows: • Federal eRegulations Portal: Go to
Model ERJ 190–300 Airplane; Flight http://www.regulations.gov/and follow
Authority: 51 U.S.C. 50901–50923. Envelope Protection, General Limiting the online instructions for sending your
Requirements comments electronically.
■ 4. Amend § 406.9 by revising
paragraph (a) to read as follows: AGENCY:Federal Aviation • Mail: Send comments to Docket
Administration (FAA), DOT. Operations, M–30, U.S. Department of
§ 406.9 Civil penalties. Transportation (DOT), 1200 New Jersey
(a) Civil penalty liability. Under 51 ACTION:Final special conditions; request Avenue SE., Room W12–140, West
U.S.C. 50917(c), a person found by the for comments. Building Ground Floor, Washington, DC
FAA to have violated a requirement of 20590–0001.
the Act, a regulation issued under the SUMMARY: These special conditions are • Hand Delivery or Courier: Take
Act, or any term or condition of a issued for the Embraer S.A. (Embraer) comments to Docket Operations in
license or permit issued or transferred Model ERJ 190–300 airplane. This Room W12–140 of the West Building
under the Act, is liable to the United airplane will have a novel or unusual Ground Floor at 1200 New Jersey
States for a civil penalty of not more design feature when compared to the Avenue SE., Washington, DC, between 9
than $229,562 for each violation. A state of technology envisioned in the a.m. and 5 p.m., Monday through
separate violation occurs for each day airworthiness standards for transport- Friday, except Federal holidays.
the violation continues. category airplanes. This design feature • Fax: Fax comments to Docket
is a new control architecture and a full Operations at 202–493–2251.
* * * * * digital flight-control system, both of Privacy: The FAA will post all
Issued under the authority provided by 28 which provide flight-envelope comments it receives, without change,
pmangrum on DSK3GDR082PROD with RULES
U.S.C. 2461 note, 49 U.S.C. 106(f) and protections. The applicable to http://www.regulations.gov/,
44701(a), and 51 U.S.C. 50901 in airworthiness regulations do not contain including any personal information the
Washington, DC, on February 13, 2017. adequate or appropriate safety standards commenter provides. Using the search
Michael P. Huerta, for this design feature. These special function of the docket Web site, anyone
Administrator. conditions contain the additional safety can find and read the electronic form of
[FR Doc. 2017–06766 Filed 4–7–17; 8:45 am] standards that the Administrator all comments received into any FAA
BILLING CODE 4910–13–P considers necessary to establish a level docket, including the name of the
VerDate Sep<11>2014 14:16 Apr 07, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\10APR1.SGM 10APR1](https://thefederalregister.org/doc/82_FR_17168/page/1.svg)
![Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations 17103
response to the prior opportunities for Issued in Renton, Washington, on March Examining the AD Docket
comment described above. 15, 2017.
You may examine the AD docket on
Dionne Palermo,
List of Subjects in 14 CFR Part 25 the Internet at http://
Acting Manager, Transport Airplane www.regulations.gov by searching for
Aircraft, Aviation safety, Reporting Directorate, Aircraft Certification Service.
and locating Docket No. FAA–2017–
and recordkeeping requirements. [FR Doc. 2017–07060 Filed 4–7–17; 8:45 am] 0189; or in person at the Docket
The authority citation for these BILLING CODE 4910–13–P Operations Office between 9 a.m. and 5
special conditions is as follows: p.m., Monday through Friday, except
Authority: 49 U.S.C. 106(g), 40113, 44701, Federal holidays. The AD docket
DEPARTMENT OF TRANSPORTATION contains this AD, any incorporated by
44702, 44704.
Federal Aviation Administration reference service information, the
The Special Conditions economic evaluation, any comments
Accordingly, pursuant to the 14 CFR Part 39 received, and other information. The
authority delegated to me by the street address for the Docket Operations
Administrator, the following special [Docket No. FAA–2017–0189; Directorate Office (telephone 800–647–5527) is in
conditions are issued as part of the type Identifier 2017–SW–008–AD; Amendment the ADDRESSES section. Comments will
39–18847; AD 2017–05–51] be available in the AD docket shortly
certification basis for Embraer Model
ERJ 190–300 airplanes. RIN 2120–AA64 after receipt.
For service information identified in
1. General Limiting Requirements Airworthiness Directives; Bell this final rule, contact Air Comm
a. Onset characteristics of each Helicopter Textron Canada Helicopters Corporation, 1575 West 124th Avenue,
envelope protection feature must be Westminster, CO 80234; telephone:
AGENCY: Federal Aviation
smooth, appropriate to the phase of (303) 440–4075 (during business hours)
Administration (FAA), DOT.
flight and type of maneuver, and not in or (720) 233–8330 (after hours); email:
ACTION: Final rule; request for
conflict with the ability of the pilot to service@aircommcorp.com; Web site:
comments. http://www.aircommcorp.com/contact.
satisfactorily change airplane flight
path, speed, or attitude as needed. SUMMARY: We are publishing a new You may review the referenced service
b. Limit values of protected flight airworthiness directive (AD) for Bell information at the FAA, Office of the
parameters (and if applicable, associated Helicopter Textron Canada (Bell) Model Regional Counsel, Southwest Region,
warning thresholds) must be compatible 429 helicopters. This AD requires 10101 Hillwood Pkwy, Room 6N–321,
with the following: inspecting the condenser blower motor Fort Worth, TX 76177. It is also
i. Airplane structural limits, (motor) and condenser blower (blower) available on the Internet at http://
ii. Required safe and controllable to determine if the motor is securely www.regulations.gov by searching for
maneuvering of the airplane, and attached to the blower support (shroud). and locating Docket No. FAA–2017–
iii. Margins to critical conditions. This AD is prompted by a report that the 0189.
Unsafe flight characteristics/conditions motor detached from the blower. The FOR FURTHER INFORMATION CONTACT:
must not result if dynamic actions of this AD are intended to Matthew Bryant, Aerospace Engineer,
maneuvering, airframe and system prevent an unsafe condition on these Denver Aircraft Certification Office,
tolerances (both manufacturing and in- products. FAA, Technical Operations Center,
service), and non-steady atmospheric DATES: This AD becomes effective April 26805 East 68th Avenue, Room 214,
conditions, in any appropriate 25, 2017 to all persons except those Denver CO 80249; phone (303) 342–
combination and phase of flight, can persons to whom it was made 1092; fax (303) 342–1088; email
produce a limited flight parameter immediately effective by Emergency AD Matthew.Bryant@faa.gov.
beyond the nominal design-limit value. 2017–05–51, issued on March 3, 2017, SUPPLEMENTARY INFORMATION:
c. The airplane must be responsive to which contains the requirements of this
intentional dynamic maneuvering to Comments Invited
AD.
within a suitable range of the parameter The Director of the Federal Register This AD is a final rule that involves
limit. Dynamic characteristics such as approved the incorporation by reference requirements affecting flight safety, and
damping and overshoot must also be of a certain document listed in this AD we did not provide you with notice and
appropriate for the flight maneuver and as of April 25, 2017. We must receive an opportunity to provide your
limit parameter in question. comments on this AD by June 9, 2017. comments prior to it becoming effective.
d. When simultaneous envelope ADDRESSES: You may send comments by However, we invite you to participate in
limiting is engaged, adverse coupling or any of the following methods: this rulemaking by submitting written
adverse priority must not result. • Federal eRulemaking Docket: Go to comments, data, or views. We also
http://www.regulations.gov. Follow the invite comments relating to the
2. Failure States economic, environmental, energy, or
online instructions for sending your
a. Electronic flight-control-system comments electronically. federalism impacts that resulted from
failures (including sensors) must not • Fax: 202–493–2251. adopting this AD. The most helpful
result in a condition where a parameter • Mail: Send comments to the U.S. comments reference a specific portion of
is limited to such a reduced value that Department of Transportation, Docket the AD, explain the reason for any
safe and controllable maneuvering is no Operations, M–30, West Building recommended change, and include
pmangrum on DSK3GDR082PROD with RULES
longer available. Ground Floor, Room W12–140, 1200 supporting data. To ensure the docket
b. The crew must be alerted by New Jersey Avenue SE., Washington, does not contain duplicate comments,
suitable means if any change in DC 20590–0001. commenters should send only one copy
envelope limiting or maneuverability is • Hand Delivery: Deliver to the of written comments, or if comments are
produced by single or multiple failures ‘‘Mail’’ address between 9 a.m. and 5 filed electronically, commenters should
of the electronic flight-control system p.m., Monday through Friday, except submit them only one time. We will file
not shown to be extremely improbable. Federal holidays. in the docket all comments that we
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Document Created: 2017-04-08 03:31:14
Document Modified: 2017-04-08 03:31:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final special conditions; request for comments. | |
| Dates | This action is effective on Embraer on April 10, 2017. We must receive your comments by May 25, 2017. | |
| Contact | Joe Jacobsen, FAA, Airplane and Flightcrew Interface, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057- 3356; telephone (425) 227-2011; facsimile (425) 227-1320. | |
| FR Citation | 82 FR 17101 | |
| CFR Associated | Aircraft; Aviation Safety and Reporting and Recordkeeping Requirements |
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