[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Rules and Regulations]
[Pages 14117-14119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05329]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2016-9403; Special Conditions No. 25-643-SC] Special
Conditions: Embraer, S.A., Model ERJ 190-300 Airplane; Dive-Speed
Definition with High-Speed-Protection System
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Embraer, S.A.,
(Embraer) Model ERJ 190-300 airplane. This airplane will have a novel
or unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport-category
airplanes. This design feature is a high-speed-protection system. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These special
conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.
DATES: This action is effective on Embraer on March 17, 2017. We must
receive your comments by May 1, 2017.
ADDRESSES: Send comments identified by docket number FAA-2016-9403
using any of the following methods:
Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building
[[Page 14118]]
Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Greg Schneider, FAA, Airframe and
Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-2116; facsimile 425-227-1320.
SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures could delay issuance of the
design approval and thus delivery of the affected airplane.
In addition, the substance of these special conditions has been
subject to the public-comment process in several prior instances with
no substantive comments received. The FAA therefore finds that good
cause exists for making these special conditions effective upon
publication in the Federal Register.
The FAA is requesting comments to allow interested persons to
submit views that may not have been submitted in response to the prior
opportunities for comment described above.
Comments Invited
We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.
Background
On September 13, 2013, Embraer S.A. applied for an amendment to
Type Certificate No. A57NM to include the new Model ERJ 190-300 series
airplanes. The ERJ 190-300, which is a derivative of the ERJ 190-100
STD currently approved under Type Certificate No. A57NM, is a 97 to
114-passenger transport-category airplane designed with a new wing with
a high aspect ratio and raked wingtip, and a new electrical-
distribution system. The maximum take-off weight is 124,340 lbs (56,400
kg).
Type Certification Basis
Under the provisions of Sec. 21.101, Embraer must show that the
ERJ 190-300 meets the applicable provisions of the regulations listed
in Type Certificate No. A57NM, or the applicable regulations in effect
on the date of application for the change, except for earlier
amendments as agreed upon by the FAA.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Embraer Model ERJ 190-300 airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Embraer Model ERJ 190-300 airplane must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34 and the
noise-certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.
Novel or Unusual Design Features
The Embraer Model ERJ 190-300 airplane will incorporate the
following novel or unusual design feature: a high-speed-protection
system.
Discussion
Section 25.335(b)(1) addresses a dive-speed condition, that was
originally adopted in part 4b of the Civil Air Regulations, to provide
an acceptable speed margin between design cruise speed and design dive
speed. Design dive speed impacts flutter-clearance design speeds and
airframe design loads. While the initial condition for the upset
specified in the rule is 1 g level flight, protection is provided for
other inadvertent overspeed conditions as well. Section 25.335(b)(1) is
intended as a conservative enveloping condition for potential overspeed
conditions, including non-symmetric conditions. To ensure that
potential overspeed conditions are covered, the applicant should
demonstrate that the airplane will not exceed dive speed in
inadvertent, or gust-induced, upsets resulting in initiation of the
dive from non-symmetric attitudes; or that the airplane is protected,
by the flight-control laws, from getting into non-symmetric upset
conditions. The applicant should conduct a demonstration that includes
a comprehensive set of conditions, as described in the special
conditions.
These special conditions are in lieu of Sec. 25.335(b)(1). Section
25.335(b)(2), which also addresses the design dive speed, is applied
separately. Advisory Circular (AC) 25.335-1A, Design Dive Speed, dated
September 29, 2000, provides an acceptable means of compliance to Sec.
25.335(b)(2)).
Special conditions are necessary to address the high-speed-
protection system on the Embraer Model ERJ 190-300 airplane. The
special conditions identify various symmetric and non-symmetric
maneuvers that will ensure that an appropriate design dive speed,
VD/MD, is established.
These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.
Applicability
As discussed above, these special conditions are applicable to the
Embraer Model ERJ 190-300 airplane. Should Embraer apply at a later
date for a change to the type certificate to include
[[Page 14119]]
another model incorporating the same novel or unusual design feature,
these special conditions would apply to that model as well.
Conclusion
This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.
The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, the FAA has
determined that prior public notice and comment are unnecessary and
impracticable, and good cause exists for adopting these special
conditions upon publication in the Federal Register. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Embraer Model ERJ 190-300 airplanes.
1. In lieu of compliance with Sec. 25.335(b)(1), if the flight-
control system includes functions that act automatically to initiate
recovery before the end of the 20-second period specified in Sec.
25.335(b)(1), VD/MD must be determined from the
greater of the speeds resulting from special conditions 1(a) and 1(b),
below. The speed increase occurring in these maneuvers may be
calculated if reliable or conservative aerodynamic data are used.
a. From an initial condition of stabilized flight at VC/
MC, the airplane is upset so as to take up a new flight path
7.5 degrees below the initial path. Control application, up to full
authority, is made to try to maintain this new flight path. Twenty
seconds after initiating the upset, manual recovery is made at a load
factor of 1.5 g (0.5 g acceleration increment), or such greater load
factor that is automatically applied by the system with the pilot's
pitch control neutral. Power, as specified in Sec. 25.175(b)(1)(iv),
is assumed until recovery is initiated, at which time power reduction
and the use of pilot-controlled drag devices may be used.
b. From a speed below VC/MC, with power to
maintain stabilized level flight at this speed, the airplane is upset
so as to accelerate through VC/MC at a flight
path 15 degrees below the initial path (or at the steepest nose-down
attitude that the system will permit with full control authority if
less than 15 degrees). The pilot's controls may be in the neutral
position after reaching VC/MC and before recovery
is initiated. Recovery may be initiated three seconds after operation
of the high-speed warning system by application of a load of 1.5 g (0.5
g acceleration increment), or such greater load factor that is
automatically applied by the system with the pilot's pitch control
neutral. Power may be reduced simultaneously. All other means of
decelerating the airplane, the use of which is authorized up to the
highest speed reached in the maneuver, may be used. The interval
between successive pilot actions must not be less than one second.
2. The applicant must also demonstrate that the speed margin,
established as above, will not be exceeded in inadvertent or gust-
induced upsets resulting in initiation of the dive from non-symmetric
attitudes, unless the airplane is protected, by the flight-control
laws, from getting into non-symmetric upset conditions. The upset
maneuvers described in Advisory Circular 25-7C, ``Flight Test Guide for
Certification of Transport Category Airplanes,'' section 8, paragraph
32, sub-paragraphs c(3)(a) and (b), may be used to comply with this
requirement.
3. The probability of any failure of the high-speed-protection
system that would result in an airspeed exceeding those determined by
special conditions 1 and 2, above, must be less than 10-5
per flight hour.
4. Failures of the system must be annunciated to the pilots.
Airplane flight-manual instructions must be provided that reduce the
maximum operating speeds, VMO/MMO. With the
system failed, the operating speed must be reduced to a value that
maintains a speed margin between VMO/MMO and
VD/MD, and that is consistent with showing
compliance with Sec. 25.335(b) without the benefit of the high-speed-
protection system.
5. Dispatch of the airplane with the high-speed-protection system
inoperative could be allowed under an approved minimum equipment list
that would require airplane flight-manual instructions to indicate
reduced maximum operating speeds, as described in special condition 4,
above. In addition, the flight-deck display of the reduced operating
speeds, as well as the overspeed warning for exceeding those speeds,
must be equivalent to that of the normal airplane with the high-speed-
protection system operative. Also, the applicant must show that no
additional hazards are introduced with the high-speed-protection system
inoperative.
Issued in Renton, Washington, on February 7, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2017-05329 Filed 3-16-17; 8:45 am]
BILLING CODE 4910-13-P