This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

67308 

Vol. 77, No. 218 

Friday, November 9, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–1200; Notice No. 25– 

12–07–SC] 

Special Conditions: Embraer S.A., 

Model EMB–550 Airplane; Hydrophobic 

Coatings in Lieu of Windshield Wipers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Embraer S.A., Model 

EMB–550 airplane. This airplane will 

have a novel or unusual design 

feature(s) associated with hydrophobic 

coatings. The 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 level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: Send your comments on or 

before December 24, 2012. 

ADDRESSES: Send comments identified 

by docket number [FAA–2012–1200] 

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 8 

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: Paul 

Bernado, FAA, Airplane and Flight 

Crew Interface Branch, ANM–111, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington, 98057–3356; 

telephone 425–227–1209; facsimile 

425–227–1320. 

SUPPLEMENTARY INFORMATION: 

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 May 14, 2009, Embraer S.A. 

applied for a type certificate for their 

new Model EMB–550 airplane. The 

Model EMB–550 airplane is the first of 

a new family of jet airplanes designed 

for corporate flight, fractional, charter, 

and private owner operations. The 

aircraft has a conventional configuration 

with low wing and T-tail empennage. 

The primary structure is metal with 

composite empennage and control 

surfaces. The Model EMB–550 airplane 

is designed for 8 passengers, with a 

maximum of 12 passengers. It is 

equipped with two Honeywell 

HTF7500–E medium bypass ratio 

turbofan engines mounted on aft 

fuselage pylons. Each engine produces 

approximately 6,540 pounds of thrust 

for normal takeoff. The primary flight 

controls consist of hydraulically 

powered fly-by-wire elevators, aileron 

and rudder, controlled by the pilot or 

copilot sidestick. 

The Model EMB–550 airplane will 

use a hydrophobic coating on the 

windshield in lieu of windshield 

wipers. The existing regulation, Title 14, 

Code of Federal Regulations (14 CFR) 

25.773(b)(1), requires a means to 

maintain a sufficiently clear portion of 

the windshield for both pilots to have 

sufficiently extensive view along the 

flight path during precipitation 

conditions in heavy rain at speeds up to 

1.5 VSR1. The heavy rain and high speed 

conditions in the rule do not necessarily 

represent the limiting condition for this 

new technology. For example, airflow 

over the windshield may be necessary to 

remove moisture, but may not be 

adequate to maintain a sufficiently clear 

area of the windshield in low speed 

flight or during surface operations. 

Alternatively, airflow over the 

windshield may be disturbed during 

critical times such as the approach to 

land, where the airplane is at higherthan-normal pitch angle. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Embraer S.A. must show that the Model 

EMB–550 airplane meets the applicable 

provisions of part 25, as amended by 

Amendments 25–1 through 25–127 

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 Model EMB–550 airplane 

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 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Proposed Rules 67309 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Embraer S.A. Model 

EMB–550 airplane 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 Embraer S.A. Model EMB–550 

airplane will incorporate the following 

novel or unusual design features: The 

Model EMB–550 airplane has a 

hydrophobic coating on the windshield 

to provide adequate pilot compartment 

view in precipitation in lieu of 

windshield wipers. 

Discussion 

14 CFR 25.773(b)(1) requires a means 

to maintain a clear portion of the 

windshield for both pilots to have a 

sufficiently extensive view along the 

flight path during precipitation 

conditions. The regulations require this 

means to maintain such an area during 

precipitation in heavy rain at speeds up 

to 1.5 VSR1. The requirement that the 

means to maintain a clear area of 

forward vision must function at high 

speeds and high precipitation rates is 

based on the use of windshield wipers 

as the means to maintain an adequate 

area of clear vision in precipitation 

conditions. The requirement in 14 CFR 

121.313(b), and in 14 CFR 125.213(b), to 

provide ‘‘a windshield wiper or 

equivalent for each pilot station’’ has 

remained unchanged since at least 1953. 

The effectiveness of windshield 

wipers to maintain an area of clear 

vision normally degrades as airspeed 

and precipitation rates increase. It is 

assumed that because high speeds and 

high precipitation rates represent 

limiting conditions for windshield 

wipers, they will also be effective at 

lower speeds and precipitation levels. 

Accordingly, § 25.773(b)(1)(i) does not 

require maintenance of a clear area of 

forward vision at lower speeds or lower 

precipitation rates. 

A forced airflow blown directly over 

the windshield has also been used to 

maintain an area of clear vision in 

precipitation. The limiting conditions 

for this technology are comparable to 

those for windshield wipers. 

Accordingly, introduction of this 

technology did not present a need for 

special conditions to maintain the level 

of safety embodied in the existing 

regulations. 

Hydrophobic windshield coatings 

may depend to some degree on airflow 

directly over the windshield to maintain 

a clear vision area. The heavy rain and 

high-speed conditions specified in the 

current rule do not necessarily represent 

the limiting conditions for this new 

technology. For example, airflow over 

the windshield, which may be necessary 

to remove moisture from the 

windshield, may not be adequate to 

maintain a sufficiently clear area of the 

windshield in low speed flight or during 

ground operations. Alternatively, 

airflow over the windshield may be 

disturbed during such critical times as 

the approach to land, where the airplane 

is at a higher than normal pitch attitude. 

In these cases, areas of airflow 

disturbance or separation on the 

windshield could cause failure to 

maintain a clear vision area on the 

windshield. 

In addition to potentially depending 

on airflow to function effectively, 

hydrophobic coatings may also be 

dependent on water droplet size for 

effective precipitation removal. For 

example, precipitation in the form of a 

light mist may not be sufficient for the 

coating’s properties to result in 

maintaining a clear area of vision. 

In summary, the current regulations 

identify speed and precipitation rate 

requirements that represent limiting 

conditions for windshield wipers and 

blowers, but not for hydrophobic 

coatings, so it is necessary to issue 

special conditions to maintain the level 

of safety represented by the current 

regulations. 

These special conditions provide an 

appropriate safety standard for the 

hydrophobic coating technology as the 

means to maintain a clear area of vision 

by requiring it to be effective at low 

speeds and precipitation rates as well as 

the higher speeds and precipitation 

rates identified in the current 

regulation. 

Applicability 

As discussed above, these special 

conditions are applicable to the Embraer 

S.A. Model EMB–550 airplane. Should 

Embraer S.A. 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 one model 

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 Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Embraer 

S.A. Model EMB–550 airplanes. 

Hydrophobic Coatings in Lieu of 

Windshield Wipers 

The airplane must have a means to 

maintain a clear portion of the 

windshield, during precipitation 

conditions, enough for both pilots to 

have a sufficiently extensive view along 

the ground or flight path in normal taxi 

and flight attitudes of the airplane. This 

means must be designed to function, 

without continuous attention on the 

part of the flightcrew, in conditions 

from light misting precipitation to heavy 

rain at speeds from fully stopped in still 

air, to 1.5 VSR1 with lift and drag devices 

retracted. 

Issued in Renton, Washington, on 

November, 5, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–27373 Filed 11–8–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–1199; Notice No. 25– 

12–06–SC] 

Special Conditions: Embraer S.A., 

Model EMB–550 Airplanes; Flight 

Envelope Protection: Performance 

Credit for Automatic Takeoff Thrust 

Control System (ATTCS) During GoAround 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Embraer S.A. Model 


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