82 FR 21679 - Special Conditions: Embraer S.A., Model ERJ 190-300 Series Airplanes; Operation Without Normal Electrical Power

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 89 (May 10, 2017)

Page Range		21679-21681
FR Document		2017-09441

These special conditions are issued for the Embraer S.A. (Embraer) Model ERJ 190-300 series airplanes. These airplanes will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features are electrical and electronic systems that perform critical functions, the loss of which could be catastrophic to the airplane. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. 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 89 (Wednesday, May 10, 2017)

[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21679-21681]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-09441]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0319; Special Conditions No. 25-668-SC]

Special Conditions: Embraer S.A., Model ERJ 190-300 Series
Airplanes; Operation Without Normal Electrical Power

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.
(Embraer) Model ERJ 190-300 series airplanes. These airplanes will have
novel or unusual design features when compared to the state of
technology envisioned in the airworthiness standards for transport
category airplanes. These design features are electrical and electronic
systems that perform critical functions, the loss of which could be
catastrophic to the airplane. The applicable airworthiness regulations
do not contain adequate or appropriate safety standards for these
design features. 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 May 10, 2017. We
must receive your comments by June 26, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0319
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).
Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, FAA, Airplane and
Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone 425-227-2315; 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 significantly delay
issuance of the design approval and thus delivery of the affected
airplanes.
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 it
unnecessary to delay the effective date and finds that good cause
exists for making these special conditions effective upon publication
in the Federal Register.

Comments Invited

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

Background

On September 13, 2013, Embraer applied for an amendment to type
certificate (TC) no. A57NM to include

[[Page 21680]]

the new Model ERJ 190-300 airplane. This airplane, which is a
derivative of the ERJ 190-100 STD currently approved under TC no.
A57NM, is a 94- to 114-passenger transport category airplane with two
Pratt & Whitney Model PW1900G engines and a new wing design with a high
aspect ratio and raked wingtip.

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. Embraer must show that the Model ERJ 190-300
airplane 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 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
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 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 Model ERJ 190-300 airplane will incorporate the following novel
or unusual design features: Electrical and electronic systems that
perform critical functions, the loss of which may result in loss of
flight controls and other critical systems and may be catastrophic to
the airplane.

Discussion

The Model ERJ 190-300 airplane has a fly-by-wire flight control
system that requires a continuous source of electrical power in order
to maintain an operable flight control system. Section 25.1351(d),
Operation without normal electrical power, requires safe operation in
visual flight rule (VFR) conditions for at least five minutes after
loss of normal electrical power excluding the battery. This rule was
structured around a traditional design using mechanical control cables
and linkages for flight control. These manual controls allowed the crew
to maintain aerodynamic control of the airplane for an indefinite
period of time after loss of all electrical power. Under these
conditions, a mechanical flight control system provided the crew with
the ability to fly the airplane while attempting to identify the cause
of the electrical failure, restart engine(s) if necessary, and attempt
to re-establish some of the electrical power generation capability.
A critical assumption in Sec. 25.1351(d) is that the airplane is
in VFR conditions at the time of the failure. This is not a valid
assumption in today's airline operating environment where airplanes fly
much of the time in instrument meteorological conditions on air traffic
control defined flight paths. Another assumption in the existing rule
is that the loss of all normal electrical power is the result of the
loss of all engines. The five-minute period in the rule is to allow at
least one engine to be restarted following an all-engine power loss in
order to continue the flight to a safe landing. However, service
experience on airplane models with similar electrical power system
architecture as the airplane has shown that at least the temporary loss
of all electrical power for causes other than all-engine failure is not
extremely improbable.
To maintain the same level of safety envisioned by the existing
rule with traditional mechanical flight controls, the Model ERJ 190-300
airplane design must not be time-limited in its operation under all
reasonably foreseeable conditions, including loss of all normal sources
of engine or auxiliary power unit (APU)-generated electrical power.
Unless Embraer can show that the non-restorable loss of the engine and
APU power sources is extremely improbable, Embraer must demonstrate
that the airplanes can maintain safe flight and landing (including
steering and braking on the ground for airplanes using steer/brake-by-
wire and/or fly-by-wire speed brake panels) with the use of its
emergency/alternate electrical power systems. These electrical power
systems, or the minimum restorable electrical power sources, must be
able to power loads that are essential for continued safe flight and
landing, including those required for the maximum length of approved
flight diversion.

Applicability

As discussed above, these special conditions are applicable to the
Model ERJ 190-300 airplanes. 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, the special conditions would
apply to that model as well.

Conclusion

This action affects only certain novel or unusual design features
on one model series 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
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.
In lieu of 14 CFR 25.1351(d) the following special conditions
apply:
1. The applicant must show by test or a combination of test and
analysis that the airplane is capable of continued safe flight and
landing with all normal

[[Page 21681]]

electrical power sources inoperative, as prescribed by paragraphs 1.a.
and 1.b., below. For purposes of these special conditions, normal
sources of electrical power generation do not include any alternate
power sources such as the battery, ram air turbine, or independent
power systems such as the flight control permanent magnet generating
system. In showing capability for continued safe flight and landing,
the applicant must account for systems capability, effects on crew
workload and operating conditions, and the physiological needs of the
flightcrew and passengers for the longest diversion time for which the
applicant is seeking approval.
a. In showing compliance with this requirement, the applicant must
account for common-cause failures, cascading failures, and zonal
physical threats.
b. The applicant may consider the ability to restore operation of
portions of the electrical power generation and distribution system if
it can be shown that unrecoverable loss of those portions of the system
is extremely improbable. The design must provide an alternative source
of electrical power for the time required to restore the minimum
electrical power generation capability required for safe flight and
landing. The applicant may exclude unrecoverable loss of all engines
when showing compliance with this requirement.
2. Regardless of any electrical generation and distribution system
recovery capability shown under paragraph 1 of these special
conditions, sufficient electrical system capability must be provided
to:
a. Allow time to descend, with all engines inoperative, at the
speed that provides the best glide distance, from the maximum operating
altitude to the top of the engine restart envelope, and
b. Subsequently allow multiple start attempts of the engines and
auxiliary power unit (APU). The design must provide this capability in
addition to the electrical capability required by existing part 25
requirements related to operation with all engines inoperative.
3. The airplane emergency electrical power system must be designed
to supply:
a. Electrical power required for immediate safety, which must
continue to operate without the need for crew action following the loss
of the normal electrical power, for a duration sufficient to allow
reconfiguration to provide a non-time-limited source of electrical
power.
b. Electrical power required for continued safe flight and landing
for the maximum diversion time.
4. If the applicant uses APU-generated electrical power to satisfy
the requirements of these special conditions, and if reaching a
suitable runway for landing is beyond the capacity of the battery
systems, then the APU must be able to be started under any foreseeable
flight condition prior to the depletion of the battery or the
restoration of normal electrical power, whichever occurs first. Flight
test must demonstrate this capability at the most critical condition.
a. The applicant must show that the APU will provide adequate
electrical power for continued safe flight and landing.
b. The operating limitations section of the airplane flight manual
(AFM) must incorporate non-normal procedures that direct the pilot to
take appropriate actions to activate the APU after loss of normal
engine-driven generated electrical power.
5. As part of showing compliance with these special conditions, the
tests to demonstrate loss of all normal electrical power must also take
into account the following:
a. The assumption that the failure condition occurs during night
instrument meteorological conditions (IMC) at the most critical phase
of the flight, relative to the worst possible electrical power
distribution and equipment-loads-demand condition.
b. After the un-restorable loss of normal engine generator power,
the airplane engine restart capability is provided and operations
continued in IMC.
c. The airplane is demonstrated to be capable of continued safe
flight and landing. The length of time must be computed based on the
maximum diversion time capability for which the airplane is being
certified. The applicant must account for airspeed reductions resulting
from the associated failure or failures.
d. The airplane must provide adequate indication of loss of normal
electrical power to direct the pilot to the non-normal procedures, and
the operating limitations section of the AFM must incorporate non-
normal procedures that will direct the pilot to take appropriate
actions.

Issued in Renton, Washington, on May 2, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2017-09441 Filed 5-9-17; 8:45 am]
BILLING CODE 4910-13-P

21680 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations

the new Model ERJ 190–300 airplane. critical systems and may be catastrophic emergency/alternate electrical power
This airplane, which is a derivative of to the airplane. systems. These electrical power
the ERJ 190–100 STD currently systems, or the minimum restorable
Discussion
approved under TC no. A57NM, is a 94- electrical power sources, must be able to
to 114-passenger transport category The Model ERJ 190–300 airplane has power loads that are essential for
airplane with two Pratt & Whitney a fly-by-wire flight control system that continued safe flight and landing,
Model PW1900G engines and a new requires a continuous source of including those required for the
wing design with a high aspect ratio and electrical power in order to maintain an maximum length of approved flight
raked wingtip. operable flight control system. Section diversion.
25.1351(d), Operation without normal
Type Certification Basis electrical power, requires safe operation Applicability
Under the provisions of Title 14, Code in visual flight rule (VFR) conditions for As discussed above, these special
of Federal Regulations (14 CFR) 21.101, at least five minutes after loss of normal conditions are applicable to the Model
Embraer must show that the Model ERJ electrical power excluding the battery. ERJ 190–300 airplanes. Should Embraer
190–300 airplane meets the applicable This rule was structured around a apply at a later date for a change to the
provisions of the regulations listed in traditional design using mechanical type certificate to include another
type certificate no. A57NM or the control cables and linkages for flight model incorporating the same novel or
applicable regulations in effect on the control. These manual controls allowed unusual design feature, the special
date of application for the change, the crew to maintain aerodynamic conditions would apply to that model as
except for earlier amendments as agreed control of the airplane for an indefinite well.
upon by the FAA. Embraer must show period of time after loss of all electrical
power. Under these conditions, a Conclusion
that the Model ERJ 190–300 airplane
meets the applicable provisions of 14 mechanical flight control system This action affects only certain novel
CFR part 25, as amended by provided the crew with the ability to fly or unusual design features on one model
Amendments 25–1 through 25–137. the airplane while attempting to identify series of airplanes. It is not a rule of
the cause of the electrical failure, restart general applicability.
If the Administrator finds that the The substance of these special
engine(s) if necessary, and attempt to re-
applicable airworthiness regulations conditions has been subjected to the
establish some of the electrical power
(i.e., 14 CFR part 25) do not contain notice and comment period in several
generation capability.
adequate or appropriate safety standards A critical assumption in § 25.1351(d) prior instances and has been derived
for the Model ERJ 190–300 airplane is that the airplane is in VFR conditions without substantive change from those
because of a novel or unusual design at the time of the failure. This is not a previously issued. It is unlikely that
feature, special conditions are valid assumption in today’s airline prior public comment would result in a
prescribed under the provisions of operating environment where airplanes significant change from the substance
§ 21.16. fly much of the time in instrument contained herein. Therefore, because a
Special conditions are initially meteorological conditions on air traffic delay would significantly affect the
applicable to the model for which they control defined flight paths. Another certification of the airplane, the FAA
are issued. Should the type certificate assumption in the existing rule is that has determined that prior public notice
for that model be amended later to the loss of all normal electrical power is and comment are unnecessary and
include any other model that the result of the loss of all engines. The impracticable, and good cause exists for
incorporates the same novel design five-minute period in the rule is to adopting these special conditions upon
features, or should any other model allow at least one engine to be restarted publication in the Federal Register. The
already included on the same type following an all-engine power loss in FAA is requesting comments to allow
certificate be modified to incorporate order to continue the flight to a safe interested persons to submit views that
the same novel or unusual design landing. However, service experience on may not have been submitted in
feature, these special conditions would airplane models with similar electrical response to the prior opportunities for
also apply to the other model under power system architecture as the comment described above.
§ 21.101. airplane has shown that at least the
In addition to the applicable temporary loss of all electrical power for List of Subjects in 14 CFR Part 25
airworthiness regulations and special causes other than all-engine failure is Aircraft, Aviation safety, Reporting
conditions, the Model ERJ 190–300 not extremely improbable. and recordkeeping requirements.
airplane must comply with the fuel vent To maintain the same level of safety The authority citation for these
and exhaust emission requirements of envisioned by the existing rule with special conditions is as follows:
14 CFR part 34 and the noise- traditional mechanical flight controls,
Authority: 49 U.S.C. 106(g), 40113, 44701,
certification requirements of 14 CFR the Model ERJ 190–300 airplane design 44702, 44704.
part 36. must not be time-limited in its operation
The FAA issues special conditions, as under all reasonably foreseeable The Special Conditions
defined in 14 CFR 11.19, in accordance conditions, including loss of all normal Accordingly, pursuant to the
with § 11.38, and they become part of sources of engine or auxiliary power authority delegated to me by the
the type certification basis under unit (APU)-generated electrical power. Administrator, the following special
§ 21.101. Unless Embraer can show that the non- conditions are issued as part of the type
restorable loss of the engine and APU certification basis for Embraer Model
Novel or Unusual Design Features
jstallworth on DSK7TPTVN1PROD with RULES

power sources is extremely improbable, ERJ 190–300 airplanes.
The Model ERJ 190–300 airplane will Embraer must demonstrate that the In lieu of 14 CFR 25.1351(d) the
incorporate the following novel or airplanes can maintain safe flight and following special conditions apply:
unusual design features: Electrical and landing (including steering and braking 1. The applicant must show by test or
electronic systems that perform critical on the ground for airplanes using steer/ a combination of test and analysis that
functions, the loss of which may result brake-by-wire and/or fly-by-wire speed the airplane is capable of continued safe
in loss of flight controls and other brake panels) with the use of its flight and landing with all normal

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Document Created: 2017-05-10 00:00:53
Document Modified: 2017-05-10 00:00:53

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 S.A. on May 10, 2017. We must receive your comments by June 26, 2017.
Contact		Stephen Slotte, FAA, Airplane and Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2315; facsimile 425-227-1320.
FR Citation		82 FR 21679
CFR Associated		Aircraft; Aviation Safety and Reporting and Recordkeeping Requirements

82 FR 21679 - Special Conditions: Embraer S.A., Model ERJ 190-300 Series Airplanes; Operation Without Normal Electrical Power

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 82, Issue 89 (May 10, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration