76736 Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations 

minimum panel size: ‘‘It is not possible 

to cite a specific size that will apply in 

all installations; however, as a general 

rule, components with exposed-surface 

areas of 1 ft2 or less may be considered 

small enough that they do not have to 

meet the new standards. Components 

with exposed surface areas greater than 

2 ft2 may be considered large enough 

that they do have to meet the new 

standards. Those with exposed-surface 

areas greater than 1 ft2, but less than 2 

ft2, must be considered in conjunction 

with the areas of the cabin in which 

they are installed before a determination 

could be made.’’ 

In the late 1990s, the FAA issued 

Policy Memorandum 97–112–39, 

Guidance for Flammability Testing of 

Seat/Console Installations, October 17, 

1997. That memo was issued when it 

became clear that seat designs were 

evolving to include large, non-metallic 

panels with surface areas that would 

impact survivability during a cabin fire 

event, comparable to partitions or 

galleys. The memo noted that large 

surface area panels must comply with 

heat release and smoke emission 

requirements, even if they were attached 

to a seat. 

If the FAA had not issued such 

policy, seat designs could have been 

viewed as a loophole to the 

airworthiness standards that would 

result in an unacceptable decrease in 

survivability during a cabin fire event. 

In October 2004, an issue was raised 

regarding the appropriate flammability 

standards for passenger seats that 

incorporated non-traditional, large, nonmetallic panels in lieu of the traditional 

metal covered by fabric. The Seattle 

Aircraft Certification Office and 

Transport Standards Staff reviewed this 

design and determined that it 

represented the kind and quantity of 

material that should be required to pass 

the heat release and smoke emissions 

requirements. We have determined that 

special conditions would be 

promulgated to apply the standards 

defined in § 25.853(d) to seats with 

large, non-metallic panels in their 

design. 

Applicability 

As discussed above, these special 

conditions are applicable to the 

Bombardier Models BD–500–1A10 and 

BD–500–1A11 series airplanes. 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, 

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, because a 

delay would significantly affect the 

certification of the airplane, the FAA 

has determined that prior public notice 

and comment are unnecessary and 

impracticable, and good cause exists for 

adopting these special conditions upon 

publication in the Federal Register. 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 the Bombardier 

Inc. Models BD–500–1A10 and BD– 

500–1A11 series airplanes. 

Seats With Non-Traditional, Large, 

Non-Metallic Panels 

1. Compliance with Title 14 CFR part 

25, appendix F, parts IV and V, heat 

release and smoke emission, is required 

for seats that incorporate nontraditional, large non-metallic panels 

that may either be a single component 

or multiple components in a 

concentrated area in their design. 

2. The applicant may designate up to 

and including 1.5 ft2 of non-traditional, 

non-metallic panel material per seat 

place that does not have to comply with 

No. 1. A triple seat assembly may have 

a total of 4.5 ft2 excluded on any portion 

of the assembly (e.g., outboard seat 

place 1 ft2, middle 1 ft2, and inboard 2.5 

ft2). 

3. Seats need not meet the test 

requirements of 14 CFR part 25, 

appendix F, parts IV and V when 

installed in compartments that are not 

otherwise required to meet these 

requirements. Examples include: 

a. Airplanes with passenger capacities 

of 19 or less; 

b. Airplanes that do not have smoke 

and heat release in their certification 

basis and do not need to comply with 

the requirements of 14 CFR 121.312; 

and 

c. Airplanes exempted from smoke 

and heat release requirements. 

4. Only airplanes associated with new 

seat certification programs approved 

after the effective date of these special 

conditions will be affected by the 

requirements in these special 

conditions. Previously certificated 

interiors on the existing airplane fleet 

and follow-on deliveries of airplanes 

with previously certificated interiors are 

not affected. 

Issued in Renton, Washington, on 

December 11, 2013. 

John P. Piccola, Jr., 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–30234 Filed 12–18–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–1054; Notice No. 25– 

513–SC] 

Special Conditions: Bombardier Inc., 

Models BD–500–1A10 and BD–500– 

1A11 Series Airplanes; Side Stick 

Controllers: Pilot Strength, Pilot 

Control Authority, and Pilot Control 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Bombardier Inc. Models 

BD–500–1A10 and BD–500–1A11 series 

airplanes. These airplanes will have a 

novel or unusual design feature 

associated with side stick controllers for 

pitch and roll control instead of 

conventional wheels and columns. 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 December 19, 


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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations 76737 

2013. We must receive your comments 

by February 3, 2014. 

ADDRESSES: Send comments identified 

by docket number FAA–2013–1054 

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: 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: 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 on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On December 10, 2009, Bombardier 

Inc. applied for a type certificate for 

their new Models BD–500–1A10 and 

BD–500–1A11 series airplanes (hereafter 

collectively referred to as ‘‘C-series.’’ 

The C-series airplanes are swept-wing 

monoplanes with a pressurized cabin. 

They share an identical supplier base 

and significant common design 

elements. The fuselage is aluminum 

alloy material, blended double-bubble 

fuselage, sized for nominal 5-abreast 

seating. Each airplane’s powerplant 

consists of two under wing Pratt and 

Whitney PW1524G ultra-high bypass, 

geared turbofan engines. Flight controls 

are fly-by-wire flight with two passive/ 

uncoupled side sticks. Avionics 

includes five landscape primary cockpit 

displays. The dimension of the 

airplanes encompass a wingspan of 115 

feet; a height of 37.75 feet; and a length 

of 114.75 feet for the Model BD–500– 

1A10 and a length of 127 feet for the 

Model BD–500–1A11. 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. Maximum 

takeoff thrust is 21,000 pounds for the 

Model BD–500–1A10 and 23,300 

pounds for the Model BD–500–1A11. 

Range is 3,394 miles (5,463 kilometers) 

for both models of airplanes. Maximum 

operating altitude is 41,000 feet for both 

model airplanes. 

The Bombardier C-series airplanes 

will use side stick controllers for pitch 

and roll control. Regulatory 

requirements pertaining to conventional 

wheel and column, such as pilot 

strength and controllability, are not 

directly applicable for the side stick. In 

addition, pilot control authority may be 

uncertain because the side sticks are not 

mechanically interconnected as with 

conventional wheel and column 

controls. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.17, 

Bombardier Inc. 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 C-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, the special 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the C-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, 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 C-series airplanes will 

incorporate the following novel or 

unusual design features: Side stick 

controllers for pitch and roll control, 

which are not mechanically 

interconnected as with conventional 

wheel and column controls. These 

airplanes also have a fly-by-wire 

electronic flight control system. This 

system provides an electronic interface 

between the pilot’s flight controls and 

the flight control surfaces for both 

normal and failure states, and it 

generates the actual surface commands 

that provide for stability augmentation 

and control about all three airplane 

axes. In addition, pilot control authority 

may be uncertain, because the side 

sticks are not mechanically 

interconnected as with conventional 

wheel and column controls. 

Discussion 

Current FAA regulations do not 

specifically address the use of side stick 

controllers for pitch and roll control. 


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76738 Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations 

The unique features of the side stick 

must therefore be demonstrated through 

flight and simulator tests to have 

suitable handling and control 

characteristics when considering the 

following: 

1. The handling qualities tasks/

requirements of the C-series airplanes 

special conditions and other part 25 

stability, control, and maneuverability 

requirements, including the effects of 

turbulence. 

2. General ergonomics: Arm rest 

comfort and support, local freedom of 

movement, displacement angle 

suitability, and axis harmony. 

3. Inadvertent input in turbulence. 

4. Inadvertent pitch-roll cross talk. 

These requirements are elaborated 

upon in these special conditions, which 

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. 

The FAA Handling Qualities Rating 

Method (HQRM) in Appendix 5 of 

Advisory Circular 25–7C, Flight Test 

Guide for Certification of Transport 

Category Airplanes, may be used to 

show compliance. 

Applicability 

As discussed above, these special 

conditions are applicable to the 

Bombardier Models BD–500–1A10 and 

BD–500–1A11 series airplanes. 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, 

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 good 

cause exists for adopting these special 

conditions upon publication in the 

Federal Register. 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 the Bombardier 

Inc. Models BD–500–1A10 and BD– 

500–1A11 series airplanes. 

In the absence of specific 

requirements for side stick controllers, 

the following apply: 

1. Pilot strength: In lieu of the 

‘‘strength of pilots’’ limits shown in 

§ 25.143(c) for pitch and roll, and in lieu 

of specific pitch force requirement of 

§§ 25.145(b) and 25.175(d), it must be 

shown that the temporary and 

maximum prolonged force levels for the 

side stick controllers are suitable for all 

expected operating conditions and 

configurations, whether normal or nonnormal. 

2. Pilot control authority: The 

electronic side stick controller coupling 

design must provide for corrective and/ 

or overriding control inputs by either 

pilot with no unsafe characteristics. 

Annunciation of the controller status 

must be provided and must not be 

confusing to the flightcrew. 

3. Pilot control: It must be shown by 

flight tests that the use of side stick 

controllers does not produce unsuitable 

pilot-in-the-loop control characteristics 

when considering precision path 

control/tasks and turbulence. In 

addition, pitch and roll control force 

and displacement sensitivity must be 

compatible, so that normal inputs on 

one control axis will not cause 

significant unintentional inputs on the 

other. 

Issued in Renton, Washington, on 

December 12, 2013. 

John P. Piccola, Jr., 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–30230 Filed 12–18–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 732, 734, 736, 738, 

740, 742, 743, 744, 745, 746, 747, 748, 

750, 752, 754, 756, 758, 760, 762, 764, 

766, 768, 770, 772, and 774 

[Docket No. 131114960–3960–01] 

RIN 0694–AG01 

Updated Statements of Legal Authority 

for the Export Administration 

Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations (CFR) legal 

authority paragraphs in the Export 

Administration Regulations (EAR) to 

include the citations to five Presidential 

notices extending emergencies declared 

pursuant to the International Emergency 

Economic Powers Act. This is a 

procedural rule that only updates 

authority paragraphs of the EAR. It does 

not alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

DATES: The rule is effective December 

19, 2013. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, Telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

Authority for some provisions of the 

EAR rests, in part, on executive orders 

in which the President, using his 

authority under the International 

Emergency Economic Powers Act, 

declares an emergency and on annual 

notices extending those emergencies. 

This rule updates the authority citation 

paragraphs in the Code of Federal 

Regulations parts that comprise the 

Export Administration Regulations to 

cite five such annual notices. The five 

notices, the executive orders to which 

they relate, and the EAR parts affected 

by each notice are set forth below. 

The notice of January 17, 2013, 78 FR 

4303 (January 22, 2013) extended the 

emergency declared in Executive Order 

12947 of January 23, 1995—National 

Emergency With Respect to Terrorists 

Who Threaten to Disrupt the Middle 

East Process, 60 FR 5079, 3 CFR, 1995 

Comp., p. 356. This rule revises the 

authority paragraphs of parts 730 and 

744 to cite that notice. 

The notice of May 7, 2013, 78 FR 

27301 (May 9, 2013) extended the 


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