30132 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations 

Register (80 FR 3142, January 22, 2015) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil. 

Accordingly, the interim rule that 

amended 7 CFR part 985 and that was 

published at 80 FR 3142 on January 22, 

2015, is adopted as a final rule, without 

change. 

Dated: May 21, 2015. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2015–12758 Filed 5–26–15; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–1819; Special 

Conditions No. 25–583–SC] 

Special Conditions: Bombardier 

Aerospace, Models BD–500–1A10 and 

BD–500–1A11 Series Airplanes; 

Operation Without Normal Electrical 

Power 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Bombardier Aerospace 

Models BD–500–1A10 and BD–500– 

1A11 series airplanes. These airplanes 

will have novel or unusual design 

features when compared to the state of 

technology envisioned in the 

airworthiness standards for transport 

category airplanes. These design 

features are electrical and electronic 

systems that perform critical functions, 

the loss of which could be catastrophic 

to the airplane. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for these design features. 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 

Bombardier Aerospace on May 27, 2015. 

We must receive your comments by 

June 26, 2015. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–1819 

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: 

Massoud Sadeghi, FAA, Airplane and 

Flight Crew Interface Branch, ANM– 

111, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue SW., Renton, Washington, 

98057–3356; telephone 425–227–2117; 

facsimile 425–227–1149. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions is 

impracticable because these procedures 

would significantly delay issuance of 

the design approval and thus delivery of 

the affected airplanes. 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. 

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 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. 

The CSeries airplanes will have an 

electronic flight control system. 

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. 

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. 

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 

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Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations 30133 

adequacy under section 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 will incorporate the 

following novel or unusual design 

features: Electrical and electronic flight 

control systems that perform critical 

functions, the loss of which may result 

in loss of flight controls and other 

critical systems and may be catastrophic 

to the airplane. 

The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for these 

design features. 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. 

Discussion 

The CSeries airplanes have a fly-bywire flight control system that requires 

a continuous source of electrical power 

in order to maintain an operable flight 

control system. Section 25.1351(d), 

Operation without normal electrical 

power, requires safe operation in visual 

flight rule (VFR) conditions for at least 

five minutes after loss of normal 

electrical power excluding the battery. 

This rule was structured around a 

traditional design using mechanical 

control cables and linkages for flight 

control. These manual controls allowed 

the crew to maintain aerodynamic 

control of the airplane for an indefinite 

period of time after loss of all electrical 

power. Under these conditions, a 

mechanical flight control system 

provided the crew with the ability to fly 

the airplane while attempting to identify 

the cause of the electrical failure, restart 

engine(s) if necessary, and attempt to reestablish some of the electrical power 

generation capability. 

A critical assumption in § 25.1351(d) 

is that the airplane is in VFR conditions 

at the time of the failure. This is not a 

valid assumption in today’s airline 

operating environment where airplanes 

fly much of the time in instrument 

meteorological conditions on air traffic 

control defined flight paths. Another 

assumption in the existing rule is that 

the loss of all normal electrical power is 

the result of the loss of all engines. The 

five-minute period in the rule is to 

allow at least one engine to be restarted 

following an all-engine power loss in 

order to continue the flight to a safe 

landing. However, service experience on 

airplane models with similar electrical 

power-system architecture as the 

CSeries has shown that at least the 

temporary loss of all electrical power for 

causes other than all-engine failure is 

not extremely improbable. In addition, 

Bombardier is applying for extended 

operations (ETOPS) type design 

approval. In order to meet the 

applicable ETOPS requirements, the 

electrical power generation system must 

be able to power all of the electrically 

powered equipment required for a 

maximum-length ETOPS diversion. 

In order to maintain the same level of 

safety envisioned by the existing rule 

with traditional mechanical flight 

controls in a non-ETOPS operating 

environment, the CSeries design must 

not be time-limited in its operation 

under all reasonably foreseeable 

conditions, including loss of all normal 

sources of engine or auxiliary-powerunit (APU)-generated electrical power. 

Unless Bombardier can show that the 

non-restorable loss of the engine and 

APU power sources is extremely 

improbable, Bombardier must 

demonstrate that the airplanes can 

maintain safe flight and landing 

(including steering and braking on the 

ground for airplanes using steer/brakeby-wire and/or fly-by-wire speed brake 

panels) with the use of its emergency/ 

alternate electrical power systems. 

These electrical power systems, or the 

minimum restorable electrical power 

sources, must be able to power loads 

that are essential for continued safe 

flight and landing, including those 

required for a maximum length ETOPS 

diversion. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

No. 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. 

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, the FAA 

has determined that prior public notice 

and comment are unnecessary and 

impracticable, and good cause exists for 

adopting these special conditions upon 

issuance. 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 Bombardier BD– 

500–1A10 and BD–500–1A11 series 

airplanes. 

Operation Without Normal Electrical 

Power 

In lieu of Title 14 Code of Federal 

Regulations (14 CFR) 25.1351(d) the 

following special conditions apply: 

1. Bombardier must show by test or a 

combination of test and analysis that the 

airplane is capable of continued safe 

flight and landing with all normal 

electrical power sources inoperative, as 

prescribed by paragraphs 1a and 1b 

below. For purposes of these special 

conditions, normal sources of electrical 

power generation do not include any 

alternate power sources such as the 

battery, ram air turbine, or independent 

power systems such as the flight-control 

permanent magnet generating system. In 

showing capability for continued safe 

flight and landing, Bombardier must 

account for systems capability, effects 

on crew workload and operating 

conditions, and the physiological needs 

of the flightcrew and passengers for the 

longest diversion time for which 

Bombardier is seeking approval. 

a. In showing compliance with this 

requirement, Bombardier must account 

for common-cause failures, cascading 

failures, and zonal physical threats. 

b. Bombardier may consider the 

ability to restore operation of portions of 

the electrical power generation and 

distribution system if it can be shown 

that unrecoverable loss of those portions 

of the system is extremely improbable. 

The design must provide an alternative 

source of electrical power for the time 

required to restore the minimum 

electrical power generation capability 

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30134 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations 

required for safe flight and landing. 

Bombardier may exclude unrecoverable 

loss of all engines when showing 

compliance with this requirement. 

2. Regardless of any electrical 

generation and distribution system 

recovery capability shown under 

paragraph 1 of these special conditions, 

sufficient electrical system capability 

must be provided to: 

a. Allow time to descend, with all 

engines inoperative, at the speed that 

provides the best glide distance, from 

the maximum operating altitude to the 

top of the engine restart envelope, and 

b. Subsequently allow multiple start 

attempts of the engines and auxiliary 

power unit (APU). The design must 

provide this capability in addition to the 

electrical capability required by existing 

part 25 requirements related to 

operation with all engines inoperative. 

3. The airplane emergency electrical 

power system must be designed to 

supply: 

a. Electrical power required for 

immediate safety, which must continue 

to operate without the need for crew 

action following the loss of the normal 

electrical power, for a duration 

sufficient to allow reconfiguration to 

provide a non-time-limited source of 

electrical power. 

b. Electrical power required for 

continued safe flight and landing for the 

maximum diversion time. 

4. If Bombardier uses APU-generated 

electrical power to satisfy the 

requirements of these special 

conditions, and if reaching a suitable 

runway for landing is beyond the 

capacity of the battery systems, then the 

APU must be able to be started under 

any foreseeable flight condition prior to 

the depletion of the battery or the 

restoration of normal electrical power, 

whichever occurs first. Flight test must 

demonstrate this capability at the most 

critical condition. 

a. Bombardier must show that the 

APU will provide adequate electrical 

power for continued safe flight and 

landing. 

b. The operating limitations section of 

the airplane flight manual (AFM) must 

incorporate non-normal procedures that 

direct the pilot to take appropriate 

actions to activate the APU after loss of 

normal engine-driven generated 

electrical power. 

5. As part of showing compliance 

with these special conditions, the tests 

to demonstrate loss of all normal 

electrical power must also take into 

account the following: 

a. The assumption that the failure 

condition occurs during night 

instrument meteorological conditions 

(IMC) at the most critical phase of the 

flight, relative to the worst possible 

electrical power distribution and 

equipment-loads-demand condition. 

b. After the un-restorable loss of 

normal engine generator power, the 

airplane engine restart capability is 

provided and operations continued in 

IMC. 

c. The airplane is demonstrated to be 

capable of continued safe flight and 

landing. The length of time must be 

computed based on the maximum 

diversion time capability for which the 

airplane is being certified. Bombardier 

must account for airspeed reductions 

resulting from the associated failure or 

failures. 

d. The airplane must provide 

adequate indication of loss of normal 

electrical power to direct the pilot to the 

non-normal procedures, and the 

operating limitations section of the AFM 

must incorporate non-normal 

procedures that will direct the pilot to 

take appropriate actions. 

Issued in Renton, Washington, on May 15, 

2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–12698 Filed 5–26–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–0455; Special 

Conditions No. 25–584–SC] 

Special Conditions: Bombardier 

Aerospace, Models BD–500–1A10 and 

BD–500–1A11; Electronic Flight 

Control System: Lateral-Directional 

and Longitudinal Stability and LowEnergy Awareness 

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 when compared to the state of 

technology envisioned in the 

airworthiness standards for transport 

category airplanes. This design feature 

is a fly-by-wire electronic flight control 

system that provides an electronic 

interface between the pilot’s flight 

controls and the flight control surfaces 

for both normal and failure states. The 

system generates the actual surface 

commands that provide for stability 

augmentation and control about all 

three airplane axes. 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 July 13, 2015. 

FOR FURTHER INFORMATION CONTACT: Joe 

Jacobsen, FAA, Airplane and Flight 

Crew Interface Branch, ANM–111, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone 425–227–2011; facsimile 

425–227–1320. 

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. 

The CSeries flight control system 

design incorporates normal load factor 

limiting on a full time basis that will 

prevent the pilot from inadvertently or 

intentionally exceeding the positive or 

negative airplane limit load factor. The 

FAA considers this feature to be novel 

and unusual in that the current 

regulations do not provide standards for 

maneuverability and controllability 

evaluations for such systems. 

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. 

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 

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