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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

32633 

Vol. 79, No. 109 

Friday, June 6, 2014 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2014–0239; Notice No. 25– 

545–SC] 

Special Conditions: Dassault Aviation, 

Falcon 2000/2000EX Series Airplanes; 

Fire Containment Containers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final Special Conditions; 

Request for Comments. 

SUMMARY: These special conditions are 

issued for the Dassault Aviation Falcon 

2000/2000EX series airplanes. These 

airplanes will have a novel or unusual 

design feature associated with the 

installation of removable storage lockers 

(fire containment containers) to be 

installed in the forward servicing 

compartment, which is un-pressurized, 

and not accessible in flight. 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: The effective date of these 

special conditions is June 6, 2014. We 

must receive your comments by July 7, 

2014. 

ADDRESSES: Send comments identified 

by docket number FAA–2014–0239 

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), 

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: 

Stephen Happenny, FAA, Propulsion 

and Mechanical Systems Branch, ANM– 

112, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue SW., Renton, Washington 

98057–3356; telephone 425–227–2147; 

facsimile 425–227–1149. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions are 

impracticable because these procedures 

would significantly delay issuance of 

the design approval and thus delivery of 

the affected aircraft. The FAA therefore 

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 on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On November 30, 2011, Dassault 

Aviation applied for a change to Type 

Certificate No. A50NM for the 

installation of removable storage lockers 

of two possible sizes (approximately 6.9 

and 8.1 cubic feet in volume) in the 

forward servicing compartment (FSC) of 

the Falcon 2000/2000EX series 

airplanes. The Falcon 2000/2000EX are 

business-class airplanes powered by two 

turbofan engines, designed for a 

maximum of 21 occupants, with a 

maximum takeoff weight of 36,500 

pounds for the Falcon 2000 and 42,800 

pounds for the Falcon 2000EX. 

The FSC is an un-pressurized 

compartment that is not accessible in 

flight. It is accessible on the ground 

from a lockable external door located in 

the lower aft fuselage. The removable 

storage lockers (fire containment 

containers) that will be installed in the 

FSC will be used mainly for stowage of 

items to support airplane operations 

such as the tow bar, ladder, fly-away 

kit/Electronic Control Unit cover, tool 

box, and limited passenger items (i.e., 

golf clubs/golf bags, skis/ski bags). The 

existing regulations do not adequately 

address small, inaccessible cargo 

compartments of this type and function. 

These special conditions are necessary 

to ensure a level of safety equivalent to 

that provided by existing regulations. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

Dassault Aviation must show that the 

Falcon 2000/2000EX series airplanes, as 

changed, continue to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate No. A50NM or the applicable 

regulations in effect on the date of 

application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in Type 

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32634 Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations 

Certification No. A50NM are as follows: 

14 CFR part 25, as amended by 

Amendments 25–1 through 25–69 for 

the Falcon 2000 and 25–1 through 25– 

98 for the Falcon 2000EX, and 14 CFR 

part 26, as amended by Amendments 

26–1 through 26–6. Dassault Aviation 

also elects to comply with §§ 25.855, 

25.857, and 25.601 through Amendment 

25–123, effective December 10, 2007. 

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 Falcon 2000/2000EX series 

airplanes because of a novel or unusual 

design feature, special conditions are 

prescribed under the provisions of 

§ 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, or should any 

other model already included on the 

same type certificate be modified to 

incorporate the same novel or unusual 

design feature, the special conditions 

would also apply to the other model. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Falcon 2000/2000EX 

series 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 § 11.38, and they become part of 

the type certification basis under 

§ 21.101. 

Novel or Unusual Design Features 

The Falcon 2000/2000EX series 

airplanes will incorporate the following 

novel or unusual design feature: 

Removable storage lockers (fire 

containment containers) installed in the 

forward servicing compartment (FSC). 

The FSC is un-pressurized and not 

accessible in flight; it is accessible on 

the ground from a lockable, external 

door located in the lower aft fuselage. 

The FSC area is designed to host several 

critical systems; therefore, considering 

past experience on cargo loading, 

appropriate design and procedures must 

be in place to ensure safe installation. 

Discussion 

Sections 25.855 provides the design 

and test requirements for cargo 

compartments, and § 25.857 describes 

cargo compartment classifications. The 

removable storage lockers to be installed 

in the Falcon 2000/2000EX do not meet 

any of the existing FAA cargo 

compartment classifications of cargo 

compartments and, therefore, would not 

meet all of the requirements of §§ 25.855 

and 25.857. 

The European Aviation Safety Agency 

(EASA) determined that the installation 

of removable storage lockers in the FSC, 

except the tow bar and the maintenance 

ladder stowage, is not compliant with 

their corresponding Joint Aviation 

Regulations (JAR) 25.855 and 25.857. 

EASA’s position is that the proposed 

design and configuration corresponds 

most closely to, but does not fully meet, 

a Class F cargo compartment 

classification defined in their 

Certification Specifications (CS) 

25.857(f) at Amendment 11 in the Fire 

Containment Container (FCC) option. 

Class F cargo compartments are further 

detailed in their Acceptable Means of 

Compliance (AMC) to CS 25.857(f). FAA 

is in the rulemaking process of 

incorporating similar regulations into 14 

CFR part 25, and we concur with EASA 

findings. 

EASA proposed special conditions for 

the approval of these installations. The 

FAA reviewed the proposed special 

conditions and determined that they are 

functionally equivalent to what we 

would have issued, and that they 

provide an acceptable level of safety as 

related to fire containment containers 

and the requirements of §§ 25.601, 

25.855, and 25.857. The FAA finding 

was based in part on consideration that 

the proposed containers are not 

intended to be used for ‘‘cargo for hire’’ 

or carriage of oxygen or oxygen 

producing equipment; the container is 

not intended to be used for carriage of 

flammable fluids; and, the container is 

not intended to be used for carriage of 

more typical passenger/crew baggage, 

only for the carriage of passenger ski 

and golf equipment. 

Applicability 

As discussed above, these special 

conditions are applicable to the Dassault 

Aviation Falcon 2000/2000EX series 

airplanes. Should Dassault Aviation 

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 two 

model series of airplanes. It is not a rule 

of general applicability. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Dassault Falcon 

2000/2000EX series airplanes is 

imminent, the FAA finds that good 

cause exists to make these special 

conditions effective upon publication in 

the Federal Register. 

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 the Dassault 

Aviation Falcon 2000/2000EX series 

airplanes. 

Fire Containment Containers 

1. In order to be acceptable, a 

container to be placed in the aft 

unpressurized compartment must 

comply with the following: 

a. The container must be constructed 

of materials compliant with 14 CFR part 

25, appendix F, part III and be 

sufficiently durable to withstand inservice conditions. 

b. It must be demonstrated by test that 

the container is capable of containing a 

wide range of internal fire threats, for 

any period of time, while ensuring that 

adjacent systems, structure, and 

occupied areas are protected from the 

effects of smoke, flames, extinguishing 

agent, heat, or any other adverse effect. 

It must also be demonstrated that 

damage to the airplane’s systems or 

structure cannot be caused by the use of 

the container. 

c. The Operating Limitations section 

of the Airplane Flight Manual must 

contain a content limitation, approved 

by the FAA and justified on the base of 

operational need and demonstrated lowfire risk. The content limitation must: 

• Require that any fire containment 

container be clearly identified with 

placards on the container and in the 

compartment hosting the container; 

• Be reflected on any weight and 

balance or other document used to load 

the airplane; and 

• Include easy-to-follow procedures 

for loading, installation, and deinstallation of the container, e.g., 

airplane flight crew verification of 

content before every flight, installation/ 

de-installation only by qualified 

personnel, etc. 

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Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations 32635 

Issued in Renton, Washington, on April 4, 

2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–13239 Filed 6–5–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–1041; Notice No. 25– 

546–SC] 

Special Conditions: Bombardier 

Aerospace, Models BD–500–1A10 and 

BD–500–1A11 Series Airplanes; 

Electronic Flight Control System: 

Control Surface Awareness and Mode 

Annunciation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final Special Conditions. 

SUMMARY: These special conditions are 

issued for the Bombardier Aerospace 

Models BD–500–1A10 and BD–500– 

1A11 series airplanes. These airplanes 

will have a novel or unusual design 

feature associated with control surface 

awareness and mode annunciation of 

the electronic flight control 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: Effective Date: July 7, 2014. 

FOR FURTHER INFORMATION CONTACT: Joe 

Jacobsen, FAA, Airplane and Flightcrew 

Interface Branch, ANM–111, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone 425–227–2011; facsimile 

425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 10, 2009, Bombardier 

Aerospace applied for a type certificate 

for their new Models BD–500–1A10 and 

BD–500–1A11 series airplanes (hereafter 

collectively referred to as ‘‘CSeries’’). 

The CSeries airplanes are swept-wing 

monoplanes with an aluminum alloy 

fuselage sized for 5-abreast seating. 

Passenger capacity is designated as 110 

for the Model BD–500–1A10 and 125 for 

the Model BD–500–1A11. Maximum 

takeoff weight is 131,000 pounds for the 

Model BD–500–1A10 and 144,000 

pounds for the Model BD–500–1A11. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.17, 

Bombardier Aerospace must show that 

the CSeries airplanes meet the 

applicable provisions of 14 CFR part 25 

as amended by Amendments 25–1 

through 25–129 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 CSeries airplanes because of a 

novel or unusual design feature, special 

conditions are prescribed under the 

provisions of § 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 § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the CSeries 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, and the 

FAA must issue a finding of regulatory 

adequacy under § 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 § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The CSeries airplanes will incorporate 

the following novel or unusual design 

features: A fly-by-wire electronic flight 

control system (EFCS) and no direct 

coupling from the flightdeck controller 

to the control surface. As a result, the 

pilot is not aware of the actual control 

surface position as envisioned under 

current airworthiness standards. 

Discussion 

These special conditions require that 

the flightcrew receive a suitable flight 

control position annunciation when a 

flight condition exists in which nearly 

full surface authority (not crewcommanded) is being used. Suitability 

of such a display must take into account 

that some pilot-demanded maneuvers 

(e.g., rapid roll) are necessarily 

associated with intended full 

performance, which may saturate the 

surface. Therefore, simple alerting 

systems function in both intended and 

unexpected control-limiting situations. 

As a result, they must be properly 

balanced between providing necessary 

crew awareness and being a potential 

nuisance to the flightcrew. A monitoring 

system that compares airplane motion 

and surface deflection with the demand 

of the pilot side stick controller could 

help reduce nuisance alerting. 

These special conditions also address 

flight control system mode 

annunciation. Suitable mode 

annunciation must be provided to the 

flightcrew for events that significantly 

change the operating mode of the 

system but do not merit the classic 

‘‘failure warning.’’ 

These special conditions establish a 

level of safety equivalent to that 

provided by a conventional flight 

control system and existing regulations. 

Discussion of Comments 

Notice of proposed special conditions 

No. 25–13–40–SC for the Bombardier 

CSeries airplanes was published in the 

Federal Register on December 12, 2013 

(78 FR 75511). No comments were 

received, and the special conditions are 

adopted as proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the Models 

BD–500–1A10 and BD–500–1A11 series 

airplanes. Should Bombardier 

Aerospace 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 two 

model series of 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(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 the Bombardier 

Aerospace Models BD–500–1A10 and 

BD–500–1A11 series airplanes. 

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