G/TBT/N/USA/1825  
19 January 2022  
(22-0393) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Federal Aviation Administration (FAA) [1854]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated i f different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Airbus 
model A321 -200 airplanes; infrared laser countermeasure system; Aerospace electric 
equipment and systems (ICS 49.060 ), On -board equipment and instruments (ICS 
49.090)  
5. Title, number of pages and language(s) of the notified document:  Special 
Conditions: FedEx Express, Airbus Model A321 -200 Airplanes; Installation of an Infrared 
Laser Countermeasure System (3 page(s), in English)  
6. Description of content:  Notice of proposed special conditions - This action proposes 
special conditions for the Airbus Model  A321-200 airplane. This airplane, as modified by 
FedEx Express (FedEx),  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 system that emits infrared  laser energy outside the 
aircraft as a countermeasure against heat -seeking missiles. T he 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 lev el of safety equivalent to that 
established by the  existing airworthiness standards.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety  
8. Relevant documents:   
87 Federal Register (FR) 2561, 18 January 2022; Title 14 Code of Federal Regulations 
(CFR) Part 25:  
https://www.govinfo.gov/content/pkg/FR -2022-01-18/html/2022 -00505.htm  
https://www.govinfo.gov/content/pkg/FR -2022-01-18/pdf/2022 -00505.pdf  
This notice of proposed special conditions is identified by Docket Number FAA -2021-0775. 
The Docket Folder is available from Regulations.gov 
at https://www.regulations.gov/docket/FAA -2021-0775/document  and provides access G/TBT/N/USA/1825  
 
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  to primary documents as well as comme nts received. Documents are also accessible 
from Regulations.gov  by searching the Docket Number. WTO Members and their 
stakeholders are asked to submit comments to the  USA TBT Enquiry Point  by or 
before  4pm Eastern Time  on 4 March 2022.  Comments received by the USA TBT Enquiry 
Point from WTO Members and their stakeholders will be shared with the regulator and will 
also be submitted to the  Docket  on Regulations.gov if received within the comment 
period.   
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  4 March 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_0432_00_e.pdf