[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01457]
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 /
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2012-1301; Notice No. 25-12-18-SC]
Special Conditions: Embraer S.A., Model EMB-550 Airplane, Dive
Speed Definition With Speed Protection System
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed special conditions.
SUMMARY: This action proposes special conditions for the Embraer S.A.
Model EMB-550 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. These
design features include a high-speed protection system. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These proposed 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: Send your comments on or before March 11, 2013.
ADDRESSES: Send comments identified by docket number FAA-2012-1301
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 8 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 com plete 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 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: Todd Martin, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-1178; facsimile 425-227-1149.
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 on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.
On May 14, 2009, Embraer S.A. applied for a type certificate for
their new Model EMB-550 airplane. The Model EMB-550 airplane is the
first of a new family of jet airplanes designed for corporate flight,
fractional, charter, and private owner operations. The aircraft has a
conventional configuration with low wing and T-tail empennage. The
primary structure is metal with composite empennage and control
surfaces. The Model EMB-550 airplane is designed for 8 passengers, with
a maximum of 12 passengers. It is equipped with two Honeywell HTF7500-E
medium bypass ratio turbofan engines mounted on aft fuselage pylons.
Each engine produces approximately 6,540 pounds of thrust for normal
takeoff. The primary flight controls consist of hydraulically powered
fly-by-wire elevators, ailerons and rudder, controlled by the pilot or
The Model EMB-550 airplane incorporates a high-speed protection
system in the airplane's flight control laws. The airplane's high-speed
protection system limits nose-down pilot authority by adding automatic
control inputs at threshold speeds above VMO/MMO,
which influence the results of the traditional recovery maneuvers
required in Title 14, Code of Federal Regulations (14 CFR)
25.335(b)(1). This speed protection system was not envisioned when
Sec. 25.335 was promulgated.
Type Certification Basis
Under the provisions of 14 CFR part 21.17, Embraer S.A. must show
that the Model EMB-550 airplane meets the applicable provisions of part
25, as amended by Amendments 25-1 through 25-127 thereto.
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 EMB-550 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 or similar
novel or unusual design feature, the 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 EMB-550 airplane must comply with the fuel vent
and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR 36 and the FAA must issue a
finding of regulatory adequacy under Sec. 611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
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. 21.17(a)(2).
Novel or Unusual Design Features
The Model EMB-550 airplane will incorporate the following novel or
unusual design features: a high-speed protection system that limits
nose-down pilot authority at speeds above VMO/
MMO. This system prevents the airplane from performing the
maneuver required under Sec. 25.335(b)(1).
Section 25.335(b)(1) is a dive speed condition that was originally
adopted in part 4b of the Civil Air Regulations in order to provide an
acceptable speed margin between design cruise speed and design dive
speed. Flutter clearance design speeds and airframe design loads are
impacted by the design dive speed. While the initial condition for the
upset specified in the rule is 1g level flight, protection is afforded
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 dive speed will not be exceeded 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
These special conditions are proposed 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 Model EMB-550. The proposed special conditions
identify various symmetric and non-symmetric maneuvers that will ensure
that an appropriate design dive speed, VD/MD, is
These proposed 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
This special condition is proposed in lieu of 14 CFR 25.335(b)(1).
Section 25.335(b)(2), also addresses the design dive speed, but it 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).
As discussed above, these special conditions are applicable to the
Model EMB-550 airplane. Should Embraer S.A. 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.
This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Proposed Special Conditions
Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Embraer S.A. Model EMB-550 airplanes.
1. Dive Speed Definition with Speed Protection System.
(1) In lieu of the requirements of 14 CFR 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 the conditions (a) and (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 and takes a new
flight path 7.5 degrees below the initial path. Control application, up
to full authority, is made to try and maintain this new flight path.
Twenty seconds after initiating the upset, manual recovery is made at a
load factor of 1.5g (0.5 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 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 1.5g (0.5
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 paragraphs 32.c(3)(a) and 32.c(3)(c) of AC 25-7B, Flight
Test Guide for Certification of Transport Category Airplanes, Change 1,
dated December 7, 2011, may be used to comply with this requirement.
(3) Any failure of the high-speed protection system that would
result in an airspeed exceeding those determined by paragraphs (1) and
(2) must be less than 10-5 per flight hour.
(4) Failures of the system must be annunciated to the pilots.
Flight manual instructions must be provided that reduce the maximum
operating speeds VMO/MMO. The operating speed
must be reduced to a value that maintains a speed margin between
VMO/MMO and VD/MD 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
(MEL) that would require flight manual instructions to indicate reduced
maximum operating speeds, as described in paragraph (4). In addition,
the flightdeck 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, it must be shown that no additional hazards are
introduced with the high-speed protection system inoperative.
Issued in Renton, Washington, on December 10, 2012.
Acting Manager, Transport Airplane Directorate, Aircraft Certification
[FR Doc. 2013-01457 Filed 1-23-13; 8:45 am]
BILLING CODE 4910-13-P