83_FR_12307 83 FR 12252 - Special Conditions: Bombardier Inc. BD-700-2A12 and BD-700-2A13 Airplane; Flight-Envelope Protection: General Limiting Requirements

83 FR 12252 - Special Conditions: Bombardier Inc. BD-700-2A12 and BD-700-2A13 Airplane; Flight-Envelope Protection: General Limiting Requirements

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 55 (March 21, 2018)

Page Range12252-12254
FR Document2018-05662

These special conditions are issued for the Bombardier Inc. (Bombardier) Model BD-700-2A12 and BD-700-2A13 airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is a new control architecture and a full digital-flight-control system that provides comprehensive 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.

Federal Register, Volume 83 Issue 55 (Wednesday, March 21, 2018)
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Rules and Regulations]
[Pages 12252-12254]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05662]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2018-0228; Special Conditions No. 25-719-SC]


Special Conditions: Bombardier Inc. BD-700-2A12 and BD-700-2A13 
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 Bombardier Inc. 
(Bombardier) Model BD-700-2A12 and BD-700-2A13 airplanes. These 
airplanes will have a novel or unusual design feature when compared to 
the state of technology envisioned in the airworthiness standards for 
transport-category airplanes. This design feature is a new control 
architecture and a full digital-flight-control system that provides 
comprehensive 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 Bombardier Inc. on March 21, 2018. 
Send your comments by May 7, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0228 
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 website, 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 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.

[[Page 12253]]


FOR FURTHER INFORMATION CONTACT: Joe Jacobsen, FAA, Airplane and Flight 
Crew Interface Section, AIR-671, Transport Standards Branch, Policy and 
Innovation Division, Aircraft Certification Service, 2200 S. 216th St., 
Des Moines, Washington 98198-6547; telephone 206-231-3158; facsimile 
425-231-3398.

SUPPLEMENTARY INFORMATION: The substance of these special conditions 
has been published in the Federal Register for public comment in 
several prior instances with no substantive comments received. 
Therefore, the FAA has determined that prior public notice and comment 
are unnecessary, and finds that, for the same reason, 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 May 30, 2012, Bombardier applied for an amendment to Type 
Certificate No. T00003NY to include the new BD-700-2A12 and BD-700-2A13 
airplanes. The Model BD-700-2A12 and BD-700-2A13 airplanes, which are 
derivatives of the BD-700 series airplane currently approved under Type 
Certificate No. T00003NY. The Model BD-700-2A12 and BD-700-2A13 
airplanes augment the existing BD-700 family of airplanes and are 
marketed as the Bombardier Global 7000 and Global 8000 airplanes, 
respectively. These are business jets with a maximum certified 
passenger capacity of 19. The Model BD-700-2A12 and BD-700-2A13 
airplanes will have a maximum takeoff weight of 106,250 lbs. and 
104,800 lbs., respectively.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, Bombardier must show that the Model BD-700-2A12 and BD-
700-2A13 airplanes meet the applicable provisions of the regulations 
listed in Type Certificate No. T00003NY 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 BD-700-2A12 and BD-700-2A13 
airplanes 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 Model BD-700-2A12 and BD-700-2A13 airplanes 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 Bombardier Model BD-700-2A12 and BD-700-2A13 airplanes will 
incorporate the following novel or unusual design feature: New control 
architecture and a full digital-flight-control system that provides 
comprehensive flight-envelope protections.

Discussion

    The applicable airworthiness regulation is 14 CFR 25.143. The 
purpose of Sec.  [thinsp]25.143 is to verify that any operational 
maneuvers conducted within the 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.  [thinsp]25.143 
primarily through qualitative methods. During flight test, the pilot 
should evaluate all of the following:
     The interface between each protection function;
     Transitions from one mode to another;
     Airplane response to intentional dynamic maneuvering, 
whenever applicable, through dedicated maneuvers;
     General controllability assessment;
     High speed characteristics; and
     High angle-of-attack.
    Section 25.143, however, does not adequately ensure that the novel 
or unusual features of the BD-700 series airplanes will have a level of 
safety equivalent to that of existing standards. These special 
conditions are therefore required to accommodate the flight envelope 
limiting systems in the BD-700 series airplanes. The general limiting 
requirements are necessary to ensure a smooth transition from normal 
flight to the protection mode and adequate maneuver capability. The 
general limiting requirements also ensure that the structural limits of 
the airplane are not exceeded. Furthermore, failure of the flight-
envelope protection feature must not create hazardous flight 
conditions. The additional safety standards in these special conditions 
will ensure a level of safety equivalent to that of existing standards.

Applicability

    As discussed above, these special conditions are applicable to the 
Bombardier Model BD-700-2A12 and BD-700-2A13 airplanes. Should 
Bombardier apply at a later date for a change to the type certificate 
to include another model incorporating the same novel or unusual design 
feature, these special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on Bombardier Model BD-700-2A12 and BD-700-2A13 airplanes. It is not a 
rule of general applicability.

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(f), 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 Bombardier Model BD-700-2A12 and BD-
700-2A13 airplanes.

General Limiting Requirements

    a. Onset characteristics of each envelope protection feature must 
be

[[Page 12254]]

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.

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 Des Moines, Washington, on March 15, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2018-05662 Filed 3-20-18; 8:45 am]
BILLING CODE 4910-13-P



                                              12252            Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations

                                              following novel or unusual design                       The Special Conditions                                BD–700–2A13 airplanes. These
                                              features:                                                  Accordingly, pursuant to the                       airplanes will have a novel or unusual
                                                 Fly-by-wire EFCS that will limit pitch               authority delegated to me by the                      design feature when compared to the
                                              and roll functions to prevent the                       Administrator, the following special                  state of technology envisioned in the
                                              airplane from attaining certain pitch                   conditions are issued as part of the type             airworthiness standards for transport-
                                              attitudes and roll angles greater than                  certification basis for Bombardier Model              category airplanes. This design feature
                                              plus or minus 65 degrees, and introduce                 BD–700–2A12 and BD–700–2A13 series                    is a new control architecture and a full
                                              positive spiral stability introduced for                airplanes:                                            digital-flight-control system that
                                              roll angles greater than 30 degrees at                     In addition to § 25.143, the following             provides comprehensive flight-envelope
                                              speeds below VMO/MMO. This system                       requirements apply to the electronic                  protections. The applicable
                                              generates the actual surface commands                   flight-control system (EFCS) pitch- and               airworthiness regulations do not contain
                                              that provide for stability augmentation                 roll-limiting functions:                              adequate or appropriate safety standards
                                              and flight control for all three airplane                  1. The pitch-limiting function must                for this design feature. These special
                                              axes (longitudinal, lateral, and                        not impede normal maneuvering for                     conditions contain the additional safety
                                                                                                      pitch angles up to the maximum                        standards that the Administrator
                                              directional).
                                                                                                      required for normal maneuvering,                      considers necessary to establish a level
                                              Discussion                                              including a normal, all-engines-                      of safety equivalent to that established
                                                                                                      operating takeoff, plus a suitable margin             by the existing airworthiness standards.
                                                 Part 25 of title 14 of the CFR does not                                                                    DATES: This action is effective on
                                              specifically relate to flight                           to allow for satisfactory speed control.
                                                                                                         2. The pitch- and roll-limiting                    Bombardier Inc. on March 21, 2018.
                                              characteristics associated with fixed                                                                         Send your comments by May 7, 2018.
                                              attitude limits. Bombardier proposes to                 functions must not restrict or prevent
                                                                                                      attaining pitch attitudes necessary for               ADDRESSES: Send comments identified
                                              implement on the airplanes pitch and
                                                                                                      emergency maneuvering, or roll angles                 by docket number FAA–2018–0228
                                              roll attitude-limiting functions via the
                                                                                                      up to 65 degrees. Spiral stability, which             using any of the following methods:
                                              EFCS normal mode. This will prevent
                                                                                                      is introduced above 30 degrees of roll                   • Federal eRegulations Portal: Go to
                                              the airplane from attaining certain pitch
                                                                                                      angle, must not require excessive pilot               http://www.regulations.gov/and follow
                                              attitudes and roll angles greater than
                                                                                                      strength to achieve these roll angles.                the online instructions for sending your
                                              plus or minus 65 degrees. In addition,
                                                                                                      Other protections, which further limit                comments electronically.
                                              positive spiral stability, introduced for                                                                        • Mail: Send comments to Docket
                                                                                                      the roll capability under certain extreme
                                              roll angles greater than 30 degrees at                                                                        Operations, M–30, U.S. Department of
                                                                                                      angle-of-attack, attitude, or high-speed
                                              speeds below VMO/MMO, and spiral                                                                              Transportation (DOT), 1200 New Jersey
                                                                                                      conditions, are acceptable, as long as
                                              stability characteristics, must not                                                                           Avenue SE, Room W12–140, West
                                                                                                      they allow at least 45 degrees of roll
                                              require excessive pilot strength to                                                                           Building Ground Floor, Washington, DC
                                                                                                      capability.
                                              achieve bank angles up to the bank-                                                                           20590–0001.
                                                                                                         3. A lower limit of roll is acceptable
                                              angle limit. These special conditions are                                                                        • Hand Delivery or Courier: Take
                                                                                                      beyond the overspeed warning if it is
                                              in addition to the requirements of                                                                            comments to Docket Operations in
                                                                                                      possible to recover the airplane to the
                                              § 25.143. These special conditions                                                                            Room W12–140 of the West Building
                                                                                                      normal flight envelope without undue
                                              contain the additional safety standards                                                                       Ground Floor at 1200 New Jersey
                                                                                                      difficulty or delay.
                                              that the Administrator considers                                                                              Avenue SE, Washington, DC, between 9
                                              necessary to establish a level of safety                  Issued in Des Moines, Washington.
                                                                                                                                                            a.m. and 5 p.m., Monday through
                                              equivalent to that established by the                   Victor Wicklund,
                                                                                                                                                            Friday, except Federal holidays.
                                              existing airworthiness standards.                       Manager, Transport Standards Branch, Policy              • Fax: Fax comments to Docket
                                                                                                      and Innovation Division, Aircraft
                                              Applicability                                                                                                 Operations at 202–493–2251.
                                                                                                      Certification Service.
                                                                                                                                                               Privacy: The FAA will post all
                                                                                                      [FR Doc. 2018–05651 Filed 3–20–18; 8:45 am]
                                                 As discussed above, these special                                                                          comments it receives, without change,
                                              conditions are applicable to the Model                  BILLING CODE 4910–13–P
                                                                                                                                                            to http://www.regulations.gov/,
                                              BD–700–2A12 and BD–700–2A13                                                                                   including any personal information the
                                              airplanes. Should Bombardier apply at a                                                                       commenter provides. Using the search
                                              later date for a change to the type                     DEPARTMENT OF TRANSPORTATION
                                                                                                                                                            function of the docket website, anyone
                                              certificate to include another model                    Federal Aviation Administration                       can find and read the electronic form of
                                              incorporating the same novel or unusual                                                                       all comments received into any FAA
                                              design feature, these special conditions                14 CFR Part 25                                        docket, including the name of the
                                              would apply to that model as well.                                                                            individual sending the comment (or
                                                                                                      [Docket No. FAA–2018–0228; Special                    signing the comment for an association,
                                              Conclusion                                              Conditions No. 25–719–SC]                             business, labor union, etc.). DOT’s
                                                This action affects only certain novel                                                                      complete Privacy Act Statement can be
                                                                                                      Special Conditions: Bombardier Inc.
                                              or unusual design features on one model                                                                       found in the Federal Register published
                                                                                                      BD–700–2A12 and BD–700–2A13
                                              series of airplanes. It is not a rule of                                                                      on April 11, 2000 (65 FR 19477–19478).
                                                                                                      Airplane; Flight-Envelope Protection:
                                              general applicability.                                                                                           Docket: Background documents or
                                                                                                      General Limiting Requirements
                                                                                                                                                            comments received may be read at
                                              List of Subjects in 14 CFR Part 25                      AGENCY:  Federal Aviation                             http://www.regulations.gov/ at any time.
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                                                                                                      Administration (FAA), DOT.                            Follow the online instructions for
                                                Aircraft, Aviation safety, Reporting                                                                        accessing the docket or go to Docket
                                              and recordkeeping requirements.                         ACTION: Final special conditions; request
                                                                                                      for comments.                                         Operations in Room W12–140 of the
                                              Authority Citation                                                                                            West Building Ground Floor at 1200
                                                                                                      SUMMARY:   These special conditions are               New Jersey Avenue SE, Washington,
                                                Authority: 49 U.S.C. 106(f), 106(g), 40113,           issued for the Bombardier Inc.                        DC, between 9 a.m. and 5 p.m., Monday
                                              44701, 44702, 44704.                                    (Bombardier) Model BD–700–2A12 and                    through Friday, except Federal holidays.


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                                                               Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations                                             12253

                                              FOR FURTHER INFORMATION CONTACT:     Joe                for earlier amendments as agreed upon                    • Airplane response to intentional
                                              Jacobsen, FAA, Airplane and Flight                      by the FAA.                                           dynamic maneuvering, whenever
                                              Crew Interface Section, AIR–671,                           If the Administrator finds that the                applicable, through dedicated
                                              Transport Standards Branch, Policy and                  applicable airworthiness regulations                  maneuvers;
                                              Innovation Division, Aircraft                           (i.e., 14 CFR part 25) do not contain                    • General controllability assessment;
                                              Certification Service, 2200 S. 216th St.,               adequate or appropriate safety standards                 • High speed characteristics; and
                                              Des Moines, Washington 98198–6547;                      for the Model BD–700–2A12 and BD–                        • High angle-of-attack.
                                              telephone 206–231–3158; facsimile                       700–2A13 airplanes because of a novel                    Section 25.143, however, does not
                                              425–231–3398.                                           or unusual design feature, special                    adequately ensure that the novel or
                                              SUPPLEMENTARY INFORMATION: The                          conditions are prescribed under the                   unusual features of the BD–700 series
                                              substance of these special conditions                   provisions of § 21.16.                                airplanes will have a level of safety
                                              has been published in the Federal                          Special conditions are initially                   equivalent to that of existing standards.
                                              Register for public comment in several                  applicable to the model for which they                These special conditions are therefore
                                              prior instances with no substantive                     are issued. Should the type certificate               required to accommodate the flight
                                              comments received. Therefore, the FAA                   for that model be amended later to                    envelope limiting systems in the BD–
                                              has determined that prior public notice                 include any other model that                          700 series airplanes. The general
                                              and comment are unnecessary, and                        incorporates the same novel or unusual                limiting requirements are necessary to
                                              finds that, for the same reason, good                   design feature, or should any other                   ensure a smooth transition from normal
                                              cause exists for adopting these special                 model already included on the same                    flight to the protection mode and
                                              conditions upon publication in the                      type certificate be modified to                       adequate maneuver capability. The
                                              Federal Register.                                       incorporate the same novel or unusual                 general limiting requirements also
                                                                                                      design feature, these special conditions              ensure that the structural limits of the
                                              Comments Invited                                                                                              airplane are not exceeded. Furthermore,
                                                                                                      would also apply to the other model
                                                We invite interested people to take                   under § 21.101.                                       failure of the flight-envelope protection
                                              part in this rulemaking by sending                         In addition to the applicable                      feature must not create hazardous flight
                                              written comments, data, or views. The                   airworthiness regulations and special                 conditions. The additional safety
                                              most helpful comments reference a                       conditions, the Model BD–700–2A12                     standards in these special conditions
                                              specific portion of the special                                                                               will ensure a level of safety equivalent
                                                                                                      and BD–700–2A13 airplanes must
                                              conditions, explain the reason for any                                                                        to that of existing standards.
                                                                                                      comply with the fuel-vent and exhaust-
                                              recommended change, and include
                                                                                                      emission requirements of 14 CFR part                  Applicability
                                              supporting data.
                                                                                                      34 and the noise-certification                          As discussed above, these special
                                                We will consider all comments we
                                                                                                      requirements of 14 CFR part 36.                       conditions are applicable to the
                                              receive by the closing date for
                                              comments. We may change these special                      The FAA issues special conditions, as              Bombardier Model BD–700–2A12 and
                                              conditions based on the comments we                     defined in 14 CFR 11.19, in accordance                BD–700–2A13 airplanes. Should
                                              receive.                                                with § 11.38, and they become part of                 Bombardier apply at a later date for a
                                                                                                      the type certification basis under                    change to the type certificate to include
                                              Background                                              § 21.101.                                             another model incorporating the same
                                                On May 30, 2012, Bombardier applied                   Novel or Unusual Design Features                      novel or unusual design feature, these
                                              for an amendment to Type Certificate                                                                          special conditions would apply to that
                                              No. T00003NY to include the new BD–                       The Bombardier Model BD–700–2A12                    model as well.
                                              700–2A12 and BD–700–2A13 airplanes.                     and BD–700–2A13 airplanes will
                                              The Model BD–700–2A12 and BD–700–                       incorporate the following novel or                    Conclusion
                                              2A13 airplanes, which are derivatives of                unusual design feature: New control                     This action affects only certain novel
                                              the BD–700 series airplane currently                    architecture and a full digital-flight-               or unusual design features on
                                              approved under Type Certificate No.                     control system that provides                          Bombardier Model BD–700–2A12 and
                                              T00003NY. The Model BD–700–2A12                         comprehensive flight-envelope                         BD–700–2A13 airplanes. It is not a rule
                                              and BD–700–2A13 airplanes augment                       protections.                                          of general applicability.
                                              the existing BD–700 family of airplanes                 Discussion                                            List of Subjects in 14 CFR Part 25
                                              and are marketed as the Bombardier
                                              Global 7000 and Global 8000 airplanes,                     The applicable airworthiness                         Aircraft, Aviation safety, Reporting
                                              respectively. These are business jets                   regulation is 14 CFR 25.143. The                      and recordkeeping requirements.
                                              with a maximum certified passenger                      purpose of § 25.143 is to verify that any               The authority citation for these
                                              capacity of 19. The Model BD–700–                       operational maneuvers conducted                       special conditions is as follows:
                                              2A12 and BD–700–2A13 airplanes will                     within the operational envelope can be
                                                                                                                                                              Authority: 49 U.S.C. 106(f), 106(g), 40113,
                                              have a maximum takeoff weight of                        accomplished smoothly with average                    44701, 44702, 44704.
                                              106,250 lbs. and 104,800 lbs.,                          piloting skill and without exceeding any
                                              respectively.                                           structural limits. The pilot should be                The Special Conditions
                                                                                                      able to predict the airplane response to                Accordingly, pursuant to the
                                              Type Certification Basis                                any control input. During the course of               authority delegated to me by the
                                                Under the provisions of title 14, Code                the flight test program, the pilot                    Administrator, the following special
                                              of Federal Regulations (14 CFR) 21.101,                 determines compliance with § 25.143                   conditions are issued as part of the type
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                                              Bombardier must show that the Model                     primarily through qualitative methods.                certification basis for Bombardier Model
                                              BD–700–2A12 and BD–700–2A13                             During flight test, the pilot should                  BD–700–2A12 and BD–700–2A13
                                              airplanes meet the applicable provisions                evaluate all of the following:                        airplanes.
                                              of the regulations listed in Type                          • The interface between each
                                              Certificate No. T00003NY or the                         protection function;                                  General Limiting Requirements
                                              applicable regulations in effect on the                    • Transitions from one mode to                       a. Onset characteristics of each
                                              date of application for the change except               another;                                              envelope protection feature must be


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                                              12254            Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations

                                              smooth, appropriate to the phase of                     ACTION:   Guidance.                                   methylene chloride to strip coatings
                                              flight and type of maneuver, and not in                                                                       from bathtubs, they often spray or pour
                                              conflict with the ability of the pilot to               SUMMARY:   The Halogenated Solvents                   a bathtub stripping product into the
                                              satisfactorily change airplane flight                   Industry Alliance petitioned the                      basin of the bathtub and then brush the
                                              path, speed, or attitude as needed.                     Consumer Product Safety Commission                    product onto the tub surface. Many of
                                                 b. Limit values of protected flight                  to amend its 1987 policy statement                    these stripping products contain
                                              parameters (and if applicable, associated               regarding the labeling of certain                     substantial amounts of methylene
                                              warning thresholds) must be compatible                  products containing methylene chloride                chloride. According to the petitioner,
                                              with the following:                                     to address acute hazards from inhaling                methylene chloride is a volatile organic
                                                 i. Airplane structural limits,                       methylene chloride vapors in addition                 compound that will evaporate quickly
                                                 ii. Required safe and controllable                   to the chronic hazards addressed in the               when sprayed, brushed, or poured, so
                                              maneuvering of the airplane, and                        policy statement. In this document, the               that its vapor can quickly build up in
                                                 iii. Margins to critical conditions.                 Commission updates the 1987 policy                    small spaces. The petitioner stated that
                                              Unsafe flight characteristics/conditions                statement to provide guidance regarding               DCM has a high vapor pressure, which
                                              must not result if dynamic                              the labeling to warn of acute hazards                 causes vapors to collect in the bottom of
                                              maneuvering, airframe and system                        associated with paint strippers                       a bathtub and in a consumer’s breathing
                                              tolerances (both manufacturing and in-                  containing methylene chloride.                        zone when working in a bathtub. This
                                              service), and non-steady atmospheric                    DATES: This guidance document                         situation can create dangerously high
                                              conditions, in any appropriate                          becomes applicable on March 21, 2018.                 concentrations of DCM, and in some
                                              combination and phase of flight, can                    FOR FURTHER INFORMATION CONTACT:                      cases, replace the breathable air. The
                                              produce a limited flight parameter                      Carol Afflerbach, Office of Compliance                petitioner asked the Commission to
                                              beyond the nominal design-limit value.                  and Field Operations, U.S. Consumer                   expand the cautionary labeling guidance
                                                 c. The airplane must be responsive to                Product Safety Commission; 4330 East-                 so that it also warns of the threat of
                                              intentional dynamic maneuvering to                      West Highway, Bethesda, MD 20814;                     asphyxiation if DCM-based paint
                                              within a suitable range of the parameter                email: cafflerbach@cpsc.gov; telephone:               strippers are used in an enclosed space.
                                              limit. Dynamic characteristics such as                  (301) 504–7529.                                          CPSC staff prepared a briefing
                                              damping and overshoot must also be                                                                            package in response to the petition and
                                                                                                      SUPPLEMENTARY INFORMATION:                            submitted the package to the
                                              appropriate for the flight maneuver and
                                              limit parameter in question.                            I. Background                                         Commission on May 26, 2017. On June
                                                 d. When simultaneous envelope                                                                              2, 2017, the Commission voted
                                                                                                        In 1987, the U.S. Consumer Product                  unanimously (5–0) to grant the petition
                                              limiting is engaged, adverse coupling or                Safety Commission (CPSC or
                                              adverse priority must not result.                                                                             (HP 16–1) and directed CPSC staff to
                                                                                                      Commission) issued a Statement of                     draft a policy statement that addresses
                                              Failure States                                          Interpretation and Enforcement Policy                 labeling for acute hazards from inhaling
                                                                                                      regarding the labeling of certain                     methylene chloride vapors from paint
                                                 a. Electronic flight-control-system                  household products containing
                                              failures (including sensors) must not                                                                         strippers.
                                                                                                      methylene chloride (1987 Statement), 52
                                              result in a condition where a parameter                 FR 34698 (Sept. 14, 1987). The 1987                   II. EPA Rulemaking
                                              is limited to such a reduced value that                 Statement noted that the Commission                      The EPA has initiated rulemaking
                                              safe and controllable maneuvering is no                 considers certain household products                  under section 6(a) of the Toxic
                                              longer available.                                       containing methylene chloride (DCM) to                Substances Control Act (TSCA) to
                                                 b. The crew must be alerted by                       be ‘‘hazardous substances’’ under the                 address risks posed by DCM when used
                                              suitable means if any change in                         FHSA and may pose a risk of                           in paint and coating removal products.
                                              envelope limiting or maneuverability is                 carcinogenicity. The 1987 Statement                   Specifically, EPA has issued a proposed
                                              produced by single or multiple failures                 identified several categories of products             rule that provides an assessment of the
                                              of the electronic flight-control system                 that contained methylene chloride that                health hazards posed by DCM and that
                                              not shown to be extremely improbable.                   could expose consumers to significant                 proposes to determine that DCM in
                                                Issued in Des Moines, Washington, on                  amounts of methylene chloride vapor,                  these products presents an unreasonable
                                              March 15, 2018.                                         and were thus hazardous substances.                   risk of injury to health. Based on this
                                              Victor Wicklund,                                        Paint strippers were one of these                     determination, and after considering
                                              Manager, Transport Standards Branch, Policy             product categories. The 1987 Statement                regulatory alternatives, EPA proposed to
                                              and Innovation Division, Aircraft                       advised manufacturers of the FHSA’s                   prohibit the manufacture (including
                                              Certification Service.                                  labeling requirements and provided                    import), processing, and distribution in
                                              [FR Doc. 2018–05662 Filed 3–20–18; 8:45 am]             guidance for labeling those products,                 commerce of DCM for all consumer and
                                              BILLING CODE 4910–13–P                                  including paint strippers, to warn of the             most commercial paint removal
                                                                                                      cancer risk from inhaling methylene                   products, and to prohibit commercial
                                                                                                      chloride vapor.                                       use. 82 FR 7464 (Jan. 19, 2017). EPA’s
                                              CONSUMER PRODUCT SAFETY                                   On July 7, 2016, the Halogenated                    rulemaking would address both
                                              COMMISSION                                              Solvents Industry Alliance (HSIA or                   consumer and worker exposures to DCM
                                                                                                      petitioner) petitioned the CPSC to                    used for paint and coating removal.
                                              16 CFR Chapter II                                       amend its 1987 Statement to recognize                 While developing its rulemaking, EPA
                                                                                                      the acute hazard posed by using                       consulted with CPSC staff. Under EPA’s
sradovich on DSK3GMQ082PROD with RULES




                                              [Docket No. CPSC–2016–2019]                             household products containing DCM in                  rulemaking (if finalized as proposed),
                                              Labeling of Certain Household                           enclosed spaces with inadequate                       paint and coating removal products
                                              Products Containing Methylene                           ventilation. The petitioner stated that               containing DCM would no longer be on
                                              Chloride; Supplemental Guidance                         using household products containing                   the market for consumers or commercial
                                                                                                      DCM in bathrooms, or other enclosed                   workers, except in limited
                                              AGENCY:Consumer Product Safety                          spaces, with inadequate ventilation can               circumstances. To date, EPA has not
                                              Commission.                                             be dangerous. When consumers use                      finalized its rulemaking. Accordingly,


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Document Created: 2018-03-21 00:45:46
Document Modified: 2018-03-21 00:45:46
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 Bombardier Inc. on March 21, 2018. Send your comments by May 7, 2018.
ContactJoe Jacobsen, FAA, Airplane and Flight Crew Interface Section, AIR-671, Transport Standards Branch, Policy and Innovation Division, Aircraft Certification Service, 2200 S. 216th St., Des Moines, Washington 98198-6547; telephone 206-231-3158; facsimile 425-231-3398.
FR Citation83 FR 12252 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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