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[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Pages 51090-51093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18447]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-3872; Special Conditions No. 25-629-SC]

Special Conditions: Embraer S.A. Model EMB-545 and EMB-550 
airplanes, Synthetic Vision System and Enhanced Flight Vision System on 
Head-Up Display

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 Embraer S.A. 
(Embraer) Model EMB-545 and EMB-550 airplanes. These airplanes will 
have a novel or unusual design feature associated with a vision system 
that displays video imagery on the head-up display. 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: This action is effective on Embraer S.A. on August 3, 2016. We 
must receive your comments by September 19, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-3872 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/and follow

[[Page 51091]]

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 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: Dale Dunford, FAA, Airplane and 
Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-2239; facsimile 425-227-1320.

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 
airplane.
    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 October 9, 2014, Embraer applied for a change to Type 
Certificate No. TC00062IB for a synthetic vision system (SVS) and 
enhanced flight vision system (EFVS) on a head-up display (HUD) in 
Model EMB-545 and EMB-550 airplanes. These airplanes are business jets 
capable of accommodating up to 9 passengers (EMB-545) or 12 passengers 
(EMB-550).

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, Embraer must show that the Model EMB-545 and EMB-550 
airplanes, as changed, continue to meet the applicable provisions of 
the regulations listed in Type Certificate No. TC00062IB, or the 
applicable regulations in effect on the date of application for the 
change, except for earlier amendments as agreed upon by the FAA. The 
regulations listed in the type certificate are commonly referred to as 
the ``original type certification basis.'' In addition, the 
certification basis includes certain special conditions, exemptions, or 
later amended sections of the applicable part that are not relevant to 
these special conditions.
    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-545 and EMB-550 
airplanes because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  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 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, these special conditions would also apply to 
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, Embraer Model EMB-545 and EMB-550 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 Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Embraer Model EMB-545 and EMB-550 airplanes will incorporate 
the following novel or unusual design feature: an enhanced-flight 
vision system and synthetic vision system that display video imagery on 
a head-up display.

Discussion

    Video display on the HUD constitutes new and unusual technology for 
which the FAA has no certification criteria. Section 25.773 does not 
permit visual distortions and reflections in the pilot's view out the 
airplane windshield that could interfere with the pilot's normal 
duties, and was not written in anticipation of such technology. Special 
conditions are therefore issued as prescribed under the provisions of 
Sec.  21.16.
    For many years the FAA has approved, on transport-category 
airplanes, the use of HUD that display flight symbols without a 
significant visual obstruction of the outside view. When the FAA began 
to evaluate the display of enhanced vision-system (EVS) imagery on the 
HUD, significant potential to obscure the outside view became apparent, 
contrary to the requirements of 14 CFR 25.773. This rule does not 
permit distortions and reflections in the pilot-compartment view, 
through the airplane windshield, that interferes with normal duties, 
and the rule was not written in anticipation of such technology. The 
video image potentially interferes with the pilot's ability to see the 
natural scene in the center of the forward field of view. Therefore, 
the FAA issued special conditions for such HUD/EVS installations to 
ensure that the level of safety required by Sec.  25.773 would be met 
even when the image might partially obscure the outside view. While 
many of the characteristics of EVS and SVS video differ in some ways, 
they have one thing in common: the potential for interference with the

[[Page 51092]]

outside view through the airplane windshield.
    Although the pilot may be able to see around and through small, 
individual, stroke-written symbols on the HUD, the pilot may not be 
able to see around or through the image that fills the display without 
some interference of the outside view. Nevertheless, the vision-system 
video may be capable of meeting the required level of safety when 
considering the combined view of the image and the outside scene 
visible to the pilot through the image. It is essential that the pilot 
can use this combination of image and natural view of the outside scene 
as safely and effectively as the pilot-compartment view currently 
available without the vision-system image.
    Because Sec.  25.773 does not provide for any alternatives or 
considerations for such a new and novel system, the FAA establishes 
safety requirements that assure an equivalent level of safety and 
effectiveness of the pilot-compartment view as intended by that rule. 
The purpose of these special conditions is to provide the unique pilot-
compartment-view requirements for the EFVS/SVS installation.
    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.

Applicability

    As discussed above, these special conditions are applicable to the 
Embraer Model EMB-545 and EMB-550 airplanes. Should Embraer 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 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 apply to all Synthetic 
Vision System (SVS) and Enhanced Flight Vision System (EFVS) on Head-Up 
Display (HUD) installations on the Embraer Model EMB-545 and EMB-550 
airplanes in lieu of the requirements of Sec.  25.773 at Amendment 25-
129:
    1. The synthetic vision system (SVS) or enhanced flight vision 
system (EFVS) imagery on the head-up display (HUD) must not degrade the 
safety of flight or interfere with the effective use of outside visual 
references for required pilot tasks during any phase of flight in which 
it is to be used.
    2. To avoid unacceptable interference with the safe and effective 
use of the pilot-compartment view, the SVS or EFVS device must meet the 
following requirements:
    a. The SVS or EFVS design must minimize unacceptable display 
characteristics or artifacts (e.g. noise, ``burlap'' overlay, running 
water droplets, terrain shadowing against a dark background) that 
obscure the desired image of the scene, impair the pilot's ability to 
detect and identify visual references, mask flight hazards, distract 
the pilot, or otherwise degrade task performance or safety.
    b. Control of SVS or EFVS image-display brightness must be 
sufficiently effective in dynamically changing background (ambient) 
lighting conditions to avoid pilot distraction, impairment of the 
display that would distract the pilot, impairing the pilot's ability to 
detect and identify visual references, masking of flight hazards, or 
otherwise degrading task performance or safety. If automatic control 
for image brightness is not provided, it must be shown that a single 
manual setting is satisfactory for the range of lighting conditions 
encountered during a time-critical, high-workload phase of flight 
(e.g., low-visibility instrument approach).
    c. A readily accessible control must be provided that permits the 
pilot to immediately deactivate and reactivate display of the SVS or 
EFVS image on demand, without removing the pilot's hands from the 
primary flight controls (yoke or equivalent) or thrust control.
    d. The SVS or EFVS image on the HUD must not impair the pilot's use 
of guidance information, or degrade the presentation and pilot 
awareness of essential flight information displayed on the HUD, such as 
alerts, airspeed, attitude, altitude and direction, approach guidance, 
wind-shear guidance, traffic-alert and collision-avoidance system 
(TCAS) resolution advisories, or unusual attitude recovery cues.
    e. The SVS or EFVS image and the HUD symbols, which are spatially 
referenced to the pitch scale, outside view, and image, must be scaled 
and aligned (i.e., conformal) to the external scene. In addition, the 
SVS or EFVS image and the HUD symbols--when considered singly or in 
combination--must not be misleading, cause pilot confusion, or increase 
workload. Airplane attitudes or cross-wind conditions may cause certain 
symbols (e.g., the zero-pitch line or flight-path vector) to reach 
field-of-view limits, such that they cannot be positioned conformally 
with the image and external scene. In such cases, these symbols may be 
displayed, but with an altered appearance that makes the pilot aware 
that they are no longer displayed conformally (for example, 
``ghosting''). The combined use of symbology and runway image may not 
be used for path monitoring when path symbology is no longer conformal.
    f. A HUD system installed to display SVS or EFVS images must, if 
previously certified, continue to meet all of the requirements of the 
original approval.
    3. The display of the SVS or EFVS image must not degrade the safety 
and performance of the pilot tasks associated with the use of the 
pilot-compartment view. Pilot tasks that must not be degraded by the 
SVS or EFVS image include:
    a. Detection, accurate identification, and maneuvering, as 
necessary, to avoid traffic, terrain, obstacles, and other hazards of 
flight.
    b. Accurate identification and utilization of visual references 
required for every task relevant to the phase of flight.
    4. Appropriate limitations must be stated in the operating 
limitations section of the airplane flight manual to prohibit the use 
of the SVS or EFVS for functions that have not been found to be 
acceptable.

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    Issued in Renton, Washington, on July 27, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-18447 Filed 8-2-16; 8:45 am]
 BILLING CODE 4910-13-P`
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