[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70090-70092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28998]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM435; Special Conditions No. 25-413-SC]


Special Conditions: Bombardier Inc. Model CL-600-2E25 Airplane, 
Operation Without Normal Electrical Power

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Bombardier Inc. 
Model CL-600-2E25 airplane. This airplane will have a novel or unusual 
design feature associated with a command-by-wire (CBW) rudder-control 
system, which requires a source of continuous electrical power to 
operate the control system. The current 14 CFR part 25.1351(d), 
``Operation without normal electrical power,'' requires safe operation 
in VFR conditions for at least five minutes with inoperative normal 
electrical power. 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 November 5, 
2010. We must receive your comments by January 3, 2011.

ADDRESSES: You must mail two copies of your comments to: Federal 
Aviation Administration, Transport Airplane Directorate, Attn: Rules 
Docket (ANM-113), Docket No. NM435, 1601 Lind Avenue, SW., Renton, 
Washington, 98057-3356. You may deliver two copies to the Transport 
Airplane Directorate at the above address. You must mark your comments: 
Docket No. NM435 You can inspect comments in the Rules Docket weekdays, 
except Federal holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Steve Slotte, ANM-111, Transport 
Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, 
SW., Renton, Washington, 98057-3356; telephone (425) 227-2315; 
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. 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 
issuance.

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 ask 
that you send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning these special conditions. You can inspect the docket before 
and after the comment closing date. If you wish to review the docket in 
person, go to the address in the ADDRESSES section of this preamble 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.
    If you want us to acknowledge receipt of your comments on these 
special conditions, include with your comments a self-addressed, 
stamped postcard on which you have written the docket number. We will 
stamp the date on the postcard and mail it back to you.

Background

    On February 28, 2007, Bombardier Inc. applied for an amendment to 
Type Certificate No. A21EA, through Transport Canada, to include the 
new Model CL-600-2E25 airplane. The CL-600-2E25, which is a derivative 
of the CL-600-2D24 currently approved under Type Certificate No. A21EA, 
is to be certified for a maximum occupancy of 110 people, including 5 
crewmembers. The CL-600-2E25 has increased gross weight, extended wing 
tip, and increased fuselage length to accommodate the additional 
passengers as compared to the CL-600-2D24.
    The CL-600-2E25 will have a CBW rudder-control system that will 
affect the performance of the airplane. This system requires a 
continuous source of electrical power to maintain an operable control 
system.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, Bombardier Inc. must show that the Model CL-600-2E25 
airplane meets the applicable provisions of 14 CFR part 25, as amended 
by Amendments 25-1 through 25-119, except for earlier amendments as 
agreed upon by the FAA. These regulations will be incorporated into 
Type Certificate No. A21EA after type-certification approval of the 
Model CL-600-2E25. 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 Certificate No. A21EA are as follows:
    The original type-certification basis for the Model CL-600-2D24 
(CRJ 900), shown on TCDS A21EA, Revision 25, and reprinted below.

Model CL-600-2D15/CL-600-2D24

    Part 25, including Amendments 25-1 through 25-86, Amendments 25-88 
through Amendments 25-90, and

[[Page 70091]]

Amendments 25-92 through 25-98 with the following exceptions:
    <bullet> Section 25.783(f) at Amendment 25-23 shall replace Sec.  
25.783(f) at Amendment 25-88 for the Aft Cargo Compartment and Main 
Avionics Bay Doors only (common doors with CL-600-2C10 (CRJ-700);
    <bullet> Section 25.807(d)(6) at Amendment 25-72 shall replace 
Sec.  25.807(h) at Amendment 25-94;
    <bullet> Sections 25.365, 25.831(a), and 25.1447(c) at Amendment 
25-87. Part 25, Amendment 25-91, is not included in the type-
certification basis.

Additional FAA Requirements for Model CL-600-2D15/CL-600-2D24

    1. 14 CFR part 36, effective September 10, 1990, and including all 
amendments effective on the date of type certification.
    2. 14 CFR part 34, effective September 10, 1990, and including all 
amendments effective on the date of type certification.
    3. Special Conditions:
    (a) High Intensity Radiated Fields, No. 25-ANM-109, dated October 
31, 1995.
    (b) Go-Around Performance Credit for Use of Automatic Power Reserve 
(APR), No. 25-167-SC, dated October 24, 2000 (same as CL-600-2C10).
    (c) Sudden Engine Stoppage, No. 25-217-SC, dated October 04, 2002.
    (d) Passenger Seats With Non-traditional, Large, Non-metallic 
Panels, No. 25-384-SC, dated August 12, 2009.
    4. Exemptions: Exemption No. 7447, hydraulic-systems testing per 14 
CFR 25.1435(b)(1).
    Equivalent safety has been established for the following 
requirements:

CL-600-2D15/CL-600-2D24

    1. Section 25.103 and others, Reduced Minimum Operating Speed 
Factors.
    2. Section 25.811(d)(2), Main Door Exit Marking Sign.
    3. Section 25.813(c)(2)(i), Emergency Exit Access.
    4. Section 25.904, Performance Credit for Use of APR During Reduced 
Thrust Takeoff.
    5. Section 25.933(a)(1)(ii), Thrust Reverser System.
    6. Section 25, appendix I, Sec.  25.5(b)(4), Lack of On/Off Switch 
for Automatic Takeoff Thrust Control System (ATTCS).
    7. Section 25.841(b)(6), High Altitude Takeoff and Landing 
Operations documented in Transport Airplane Directorate ELOS Memo 
AT2587NY-T, dated January 31, 2007.
    In addition, the certification basis includes other regulations, 
special conditions, and exemptions that are not relevant to these 
special conditions. Type Certificate No. A21EA will be updated to 
include a complete description of the certification basis for this 
airplane model.
    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 CL-600-2E25 because of a novel or 
unusual design feature, special conditions are prescribed under the 
provisions of 14 CFR 21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the CL-600-2E25 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 14 CFR 21.101.
    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 or similar novel or unusual design feature, the special conditions 
would also apply to the other model under Sec.  21.101.

Novel or Unusual Design Features

    The Bombardier Model CL-600-2E25 airplane will incorporate the 
following novel or unusual design features:
    The CL-600-2E25 airplane will have a CBW rudder-control system that 
requires a continuous source of electrical power to maintain 
operability of the control system.

Discussion

    The current 14 CFR 25.1351(d), ``Operation without normal 
electrical power,'' requires safe operation in VFR conditions for at 
least five minutes with inoperative normal power. This rule was 
premised on a traditional design utilizing mechanical control cables 
for flight control while the crew took time to sort out the electrical 
failure, start engine(s) if necessary, and re-establish some of the 
electrical-power-generation capability.
    To maintain the same level of safety associated with traditional 
designs, the Bombardier CL-600-2E25 design must not be time limited in 
its operation, including being without the normal source of engine- or 
Auxiliary Power Unit (APU)-generated electrical power. Service 
experience on other airplane models with similar electrical-power 
systems has shown that the loss of all electrical power, which is 
generated by the airplane's engine generators or APU, is not extremely 
improbable. Thus, it must be demonstrated that the airplane can 
continue through safe flight and landing (including steering and 
braking on ground for airplanes using steer/brake-by-wire) with the use 
of its emergency electrical-power systems. These emergency electrical-
power systems must be able to power loads that are essential for 
continued safe flight and landing.

Applicability

    As discussed above, these special conditions are applicable to the 
Model CL-600-2E25. Should Bombardier Inc. 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 one model of airplane. 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 Model CL-
600-2E25 airplane is imminent, the FAA finds that good cause exists to 
make these special conditions effective upon issuance.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.


0
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 Bombardier Model CL-600-2E25 airplanes 
modified according to DCA 0145-000-00020-2008/FAA (latest revision 
approved by the FAA).
    To ensure that the total loss of electrical power is extremely 
improbable, and because the loss of all electrical power may be 
catastrophic to airplanes utilizing an Electronic Flight Control 
System, the following Special Condition is issued in lieu of Sec.  
25.1351(d):


[[Page 70092]]


    It must be demonstrated by test, or combination of test and 
analysis, that the airplane can continue safe flight and landing 
with inoperative normal engine- and APU-generated electrical power 
(for example, without electrical power from any source, except for 
the battery and any other standby electrical sources). The airplane 
operation should be considered at the critical phase of flight and 
include the ability to restart the engines and maintain flight for 
the maximum diversion time capability being certified.

    Issued in Renton, Washington on November 5, 2010.
Jeffrey Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28998 Filed 11-16-10; 8:45 am]
BILLING CODE 4910-13-P