37674 Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Proposed Rules 

reliability of the remaining system. As 

far as reasonably practicable, the flight 

crew must be made aware of these 

failures before flight. Certain elements 

of the fuel system, such as mechanical 

and hydraulic components, may use 

special periodic inspections, and 

electronic components may use daily 

checks, in lieu of detection and 

indication systems to achieve the 

objective of this requirement. These 

identified inspections must be limited 

to components that are not readily 

detectable by normal detection and 

indication systems and where service 

history shows that inspections will 

provide an adequate level of safety. 

(2) The existence of any failure 

condition, not extremely improbable, 

during flight that could significantly 

affect the structural capability of the 

airplane and for which the associated 

reduction in airworthiness can be 

minimized by suitable flight limitations, 

requires a caution level alert for 

immediate flightcrew awareness and a 

warning level alert for immediate 

flightcrew awareness and corrective 

action. For example, a flightcrew alert 

during flight is required for failure 

conditions that result in a factor of 

safety between the airplane strength and 

the loads of subpart C below 1.25, or 

flutter margins below V′′, because it 

could significantly affect the structural 

capability of the airplane. 

d. Dispatch with known failure 

conditions. If the airplane is to be 

dispatched in a known fuel system 

failure condition that affects structural 

performance, or affects the reliability of 

the remaining system to maintain 

structural performance, then the 

provisions of these special conditions 

must be met, including the provisions of 

paragraph 2a for the dispatched 

condition, and paragraph 2b for 

subsequent failures. Expected 

operational limitations may be taken 

into account in establishing Pj as the 

probability of failure occurrence for 

determining the safety margin in Figure 

1. Flight limitations and expected 

operational limitations may be taken 

into account in establishing Qj as the 

combined probability of being in the 

dispatched failure condition and the 

subsequent failure condition for the 

safety margins in Figures 2 and 3. These 

limitations must be such that the 

probability of being in this combined 

failure state and then subsequently 

encountering limit load conditions is 

extremely improbable. No reduction in 

these safety margins is allowed if the 

subsequent system failure rate is greater 

than 10¥3 per hour. 

Issued in Renton, Washington, on June 17, 

2014. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–15526 Filed 7–1–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2014–0420; Notice No. 25– 

14–06–SC] 

Special Conditions: Bombardier 

Aerospace, Models BD–500–1A10 and 

BD–500–1A11 Series Airplanes; 

Automatic Speed Protection for Design 

Dive Speed 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Bombardier 

Aerospace Models BD–500–1A10 and 

BD–500–1A11 series airplanes. These 

airplanes will have a novel or unusual 

design feature associated with a reduced 

margin between design cruising speed, 

VC/MC, and design diving speed, VD/

MD, based on the incorporation of a high 

speed protection system that limits nose 

down pilot authority at speeds above 

VD/MD. 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 August 18, 2014. 

ADDRESSES: Send comments identified 

by docket number FAA–2014–0420 

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: 

Mark Freisthler, FAA, Airframe and 

Cabin Safety Branch, ANM–115, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone 425–227–1119; facsimile 

425–227–1232. 

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 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 


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Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Proposed Rules 37675 

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. 

Bombardier Aerospace proposes to 

reduce the margin between VC/MC and 

VD/MD required by Title 14, Code of 

Federal Regulations (14 CFR) 25.335(b) 

based on the incorporation of a high 

speed protection system in the 

airplane’s flight control laws. The 

airplane is equipped with a high speed 

protection system that limits nose down 

pilot authority at speeds above VC/MC

and prevents the airplane from actually 

performing the maneuver required 

under § 25.335(b)(1). 

These special conditions are 

necessary to address the proposed high 

speed protection system. These 

proposed special conditions identify 

various symmetric and non-symmetric 

maneuvers that will ensure that an 

appropriate design dive speed is 

established. Symmetric (pitching) 

maneuvers are specified in § 25.331, 

‘‘Symmetric maneuvering conditions.’’ 

Non-symmetric maneuvers are specified 

in § 25.349, ‘‘Rolling conditions,’’ and 

§ 25.351, ‘‘Yaw maneuver conditions.’’ 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Bombardier Aerospace must show that 

the CSeries airplanes meet the 

applicable provisions of 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 under § 21.101. 

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 

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 airplanes will incorporate 

the following novel or unusual design 

features: Bombardier Aerospace 

proposes to reduce the margin between 

VC/VC and VD/VD required by 14 CFR 

25.335(b) based on the incorporation of 

a high speed protection system in the 

airplane’s flight control laws. The high 

speed protection system limits nose 

down pilot authority at speeds above 

VC/MC and prevents the airplane from 

actually performing the maneuver 

required under § 25.335(b)(1). 

Discussion 

Section 25.335(b)(1) is an analytical 

envelope condition that was originally 

adopted in Part 4b of the Civil Air 

Regulations in order to provide an 

acceptable speed margin between design 

cruise speed and design dive speed. 

Flutter clearance design speeds and 

airframe design loads are impacted by 

the design dive speed. While the initial 

condition for the upset specified in the 

rule is 1g level flight, protection is 

afforded for other inadvertent overspeed 

conditions as well. Section 25.335(b)(1) 

is intended as a conservative enveloping 

condition for potential overspeed 

conditions, including non-symmetric 

ones. To establish that potential 

overspeed conditions are enveloped, 

Bombardier Aerospace needs to 

demonstrate that any reduced speed 

margin, based on the high speed 

protection system, will not be exceeded 

in inadvertent or gust-induced upsets 

resulting in initiation of the dive from 

non-symmetric attitudes; or that the 

airplane is protected by the flight 

control laws from getting into nonsymmetric upset conditions. 

Bombardier Aerospace needs to conduct 

a demonstration that includes a 

comprehensive set of conditions, as 

described below. 

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. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

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. 

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 

Bombardier Aerospace Models BD–500– 

1A10 and BD–500–1A11 (CSeries) 

airplanes. 

Automatic Speed Protection for Design 

Dive Speed 

1. In lieu of compliance with 

§ 25.335(b)(1), if the flight control 

system includes functions that act 

automatically to initiate recovery before 

the end of the 20-second period 

specified in § 25.335(b)(1), VD/MD must 

be determined from the greater of the 

speeds resulting from conditions (a) and 

(b) below. The speed increase occurring 

in these maneuvers may be calculated, 

if reliable or conservative aerodynamic 

data are used. 

(a) From an initial condition of 

stabilized flight at VC/MC, the airplane 

is upset so as to take up a new flight 

path 7.5 degrees below the initial path. 

Control application, up to full authority, 

is made to try and maintain this new 

flight path. Twenty seconds after 

initiating the upset, manual recovery is 

made at a load factor of 1.5g (0.5 

acceleration increment), or such greater 

load factor that is automatically applied 

by the system with the pilot’s pitch 

control neutral. Power, as specified in 

§ 25.175(b)(1)(iv), is assumed until 

recovery is initiated, at which time 

power reduction and the use of pilotcontrolled drag devices may be used. 

(b) From a speed below VC/MC, with 

power to maintain stabilized level flight 

at this speed, the airplane is upset so as 

to accelerate through VC/MC at a flight 

path 15 degrees below the initial path 

(or at the steepest nose down attitude 

that the system will permit with full 

control authority if less than 15 

degrees). The pilot’s controls may be in 

the neutral position after reaching VC/

MC and before recovery is initiated. 

Recovery may be initiated three seconds 


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after operation of the high speed 

warning system by application of a load 

of 1.5g (0.5 acceleration increment), or 

such greater load factor that is 

automatically applied by the system 

with the pilot’s pitch control neutral. 

Power may be reduced simultaneously. 

All other means of decelerating the 

airplane, the use of which is authorized 

up to the highest speed reached in the 

maneuver, may be used. The interval 

between successive pilot actions must 

not be less than one second. 

2. The applicant must also 

demonstrate that the speed margin, 

established as above, will not be 

exceeded in inadvertent or gust-induced 

upsets resulting in initiation of the dive 

from non-symmetric attitudes, unless 

the airplane is protected by the flight 

control laws from getting into nonsymmetric upset conditions. The upset 

maneuvers described in Advisory 

Circular 25–7C, Flight Test Guide for 

Certification of Transport Category 

Airplanes, section 8, paragraph 32, subparagraphs c(3)(a) and (b) may be used 

to comply with this requirement. 

3. The probability of any failure of the 

high speed protection system that 

would result in an airspeed exceeding 

those determined by paragraphs 1 and 2 

must be less than 10¥5 per flight hour. 

4. Failures of the system must be 

annunciated to the pilots. Flight manual 

instructions must be provided that 

reduce the maximum operating speeds, 

VMO/MMO. With the system failed, the 

operating speed must be reduced to a 

value that maintains a speed margin 

between VMO/MMO and VD/MD that is 

consistent with showing compliance 

with § 25.335(b) without the benefit of 

the high speed protection system. 

5. Dispatch of the airplane with the 

high speed protection system 

inoperative could be allowed under an 

approved MEL that would require flight 

manual instructions to indicate reduced 

maximum operating speeds, as 

described in paragraph (4). In addition, 

the cockpit display of the reduced 

operating speeds, as well as the 

overspeed warning for exceeding those 

speeds, must be equivalent to that of the 

normal airplane with the high speed 

protection system operative. Also, it 

must be shown that no additional 

hazards are introduced with the high 

speed protection system inoperative. 

Issued in Renton, Washington, on June 17, 

2014. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–15539 Filed 7–1–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0344; Directorate 

Identifier 2014–NM–034–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede 

Airworthiness Directive (AD) 2013–24– 

13, which applies to certain The Boeing 

Company Model 737–100, –200, –200C, 

–300, –400, –500, –600, –700, –700C, 

–800, and –900 series airplanes. AD 

2013–24–13 currently requires replacing 

the pivot link assembly for certain 

airplanes, replacing the seat track link 

assemblies or modifying the existing 

seat track link assembly for certain 

airplanes, or modifying the existing seat 

track link assembly fastener for certain 

airplanes. AD 2013–24–13 also requires 

inspecting, changing, or repairing the 

seat track link assembly for certain other 

airplanes. Since we issued AD 2013–24– 

13, a paragraph reference was found to 

be mis-identified. This proposed AD 

would correct this paragraph reference. 

We are proposing this AD to prevent 

seat detachment in an emergency 

landing, which could cause injury to 

occupants of the passenger 

compartment and affect emergency 

egress. 

DATES: We must receive comments on 

this proposed AD by August 18, 2014. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, WA 98124–2207; 

telephone 206–544–5000, extension 1; 

fax 206–766–5680; Internet https://

www.myboeingfleet.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0344; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Piccola, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: 425–917–6483; fax: 

425–917–6590; email: sarah.piccola@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2014–0344; Directorate Identifier 

2014–NM–034–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On November 19, 2013, we issued AD 

2013–24–13, Amendment 39–17687 (78 

FR 72558, December 3, 2013), for certain 

The Boeing Company Model 737–100, 

–200, –200C, –300, –400, –500, –600, 

–700, –700C, –800, and –900 series 


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