66788 Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ Id. 

The Board finds that use of an 

immediately effective interim final rule 

instead of notice and comment 

rulemaking is appropriate here because 

the amendments contained herein 

merely reflect the decision of the 

Federal Circuit in Bernard and are 

necessary to avert any further confusion 

regarding the Board’s practice and 

procedures governing the right to 

discovery in compliance cases. Under 

these circumstances, notice and 

comment rulemaking is unnecessary 

and not required by any public interest. 

List of Subjects in 5 CFR Part 1201 

Administrative practice and 

procedure. 

Accordingly, for the reasons set forth 

in the preamble, the Board amends 5 

CFR part 1201 as follows: 

PART 1201—PRACTICES AND 

PROCEDURES 

■ 1. The authority citation for 5 CFR 

part 1201 continues to read as follows: 

Authority: 5 U.S.C. 1204, 1305, and 7701, 

and 38 U.S.C. 4331, unless otherwise noted. 

■ 2. Section 1201.183 is amended by 

adding paragraph (a)(9) to read as 

follows: 

§ 1201.183 Procedures for processing 

petitions for enforcement. 

(a) * * * 

(9) Discovery may be undertaken in 

accordance with the Board’s regular 

discovery procedures (§§ 1201.71 

through 1201.75 of this part), except 

that unless otherwise directed by the 

judge, initial discovery requests must be 

served no later than 15 days after the 

alleged noncomplying party files a 

response to the petition for enforcement 

as required under paragraph (a)(1) of 

this section. 

* * * * * 

William D. Spencer, 

Clerk of the Board. 

[FR Doc. 2015–27652 Filed 10–29–15; 8:45 am] 

BILLING CODE 7400–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. FAA–2015–3880; Special 

Conditions No. 23–271–SC] 

Special Conditions: Honda Aircraft 

Company (Honda) Model HA–420, 

HondaJet; Cruise Speed Control 

System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Honda Aircraft Company 

HA–420 airplane. This airplane will 

have a novel or unusual design 

feature(s) associated with the use of a 

cruise speed control system. 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: These special conditions are 

effective October 30, 2015 and are 

applicable on October 26, 2015. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Pretz, Federal Aviation Administration, 

Small Airplane Directorate, Aircraft 

Certification Service, 901 Locust, Room 

301, Kansas City, MO 64106; telephone 

(816) 329–3239; facsimile (816) 329– 

4090. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 11, 2006, Honda Aircraft 

Company applied for a type certificate 

for their new Model HA–420. On 

October 10, 2013, Honda Aircraft 

Company requested an extension with 

an effective application date of October 

1, 2013. This extension changed the 

type certification basis to amendment 

23–62. 

The HA–420 is a four to five 

passenger (depending on configuration), 

two crew, lightweight business jet with 

a 43,000-foot service ceiling and a 

maximum takeoff weight of 9963 

pounds. The airplane is powered by two 

GE-Honda Aero Engines (GHAE) HF– 

120 turbofan engines. 

The HA–420 airplane will use a cruise 

speed control system (CSC), which is 

part of the automatic flight control 

system (AFCS), to reduce pilot workload 

during cruise flight only. The intended 

function is automatic airplane speed 

control during altitude hold AFCS mode 

by adjustment of the engine thrust 

within a narrow authority band utilizing 

the existing engine synchronization 

control. The CSC system does not back 

drive the throttles. The command 

authority is limited to values used for 

engine synchronization and can only be 

engaged when the throttle is positioned 

in a pre-determined range typically used 

for cruise power. This significantly 

reduces the CSC authority such that 

failure modes of the system should be 

minor. The proposed CSC system 

functions in a manner similar to an 

auto-throttle system, but has 

significantly less authority when 

compared to a traditional auto-throttle 

system. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Honda Aircraft Company must show 

that the HA–420 meets the applicable 

provisions of part 23, as amended by 

amendments 23–1 through 23–62, 

thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 23) do not contain 

adequate or appropriate safety standards 

for the HA–420 because of a novel or 

unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the HA–420 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. In addition, the FAA must 

issue a finding of regulatory adequacy 

pursuant to § 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). 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. 

Novel or Unusual Design Features 

The HA–420 will incorporate the 

following novel or unusual design 

features: Cruise Speed Control system 

Discussion 

As defined in the summary section, 

this airplane makes use of a CSC system, 

which is a novel design for this type of 

airplane. The applicable airworthiness 


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Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations 66789 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. Mandating additional 

requirements, developed in part by 

adapting relevant portions of 14 CFR 

25.1329, Automatic pilot systems, 

applicable to auto-throttle systems along 

with FAA experience with similar 

autothrust systems, mitigates the 

concerns associated with installation of 

the proposed CSC system. 

Discussion of Comments 

Notice of proposed special conditions 

No. 23–15–05–SC for the Honda Aircraft 

Company model HA–420 airplanes was 

published in the Federal Register on 

September 23, 2015 (80 FR 57312). No 

comments were received; therefore, the 

special conditions are adopted as 

proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the HA– 

420. Should Honda Aircraft Company 

apply at a later date for a change to the 

type certificate to include another 

model on the same type certificate 

incorporating the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Honda Aircraft 

Company model HA–420 airplane is 

imminent, the FAA finds that good 

cause exists to make these special 

conditions effective upon issuance. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of HA–420 airplane. It is not a rule of 

general applicability and affects only 

the applicant who applied to the FAA 

for approval of these features on the 

airplane. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

14 CFR 21.16 and 21.17; and 14 CFR 11.38 

and 11.19. 

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 Honda Aircraft 

Company HA–420 airplanes. 

1. Cruise Speed Control. 

In addition to the requirements of 

§§ 23.143, Controllability and 

Maneuverability—General; 23.1309, 

Equipment, systems, and installations; 

and 23.1329, Automatic pilot system; 

auto throttle systems of limited 

authority that do not back drive the 

throttles and for which all failure modes 

are shown to be no greater than minor, 

the following requirements apply: 

(a) Quick disengagement controls for 

the autothrust functions must be 

provided for each pilot. Quick 

disengagement controls must be readily 

accessible to each pilot while operating 

the thrust control levers. 

(b) The effects of a failure of the 

system to disengage the autothrust 

functions when manually commanded 

by the pilot must be assessed in 

accordance with the requirements of 

§ 23.1309. 

(c) Engagement or switching of the 

flight guidance system, a mode, or a 

sensor may not cause the autothrust 

system to effect a transient response that 

alters the airplane’s flight path any 

greater than a minor transient, as 

defined in paragraph (l)(1) of this 

section. 

(d) Under normal conditions, the 

disengagement of any automatic control 

function of a flight guidance system may 

not cause a transient response of the 

airplane’s flight path any greater than a 

minor transient. 

(e) Under rare normal and non-normal 

conditions, disengagement of any 

automatic control function of a flight 

guidance system may not result in a 

transient any greater than a significant 

transient, as defined in paragraph (l)(2) 

of this section. 

(f) The function and direction of 

motion of each command reference 

control (such as CSC) must be plainly 

indicated on, or adjacent to, each 

control, if necessary to prevent 

inappropriate use or confusion. 

(g) Under any condition of flight 

appropriate to its use, the flight 

guidance system may not produce 

hazardous loads on the airplane, nor 

create hazardous deviations in the flight 

path. This applies to both fault-free 

operation and in the event of a 

malfunction, and assumes that the pilot 

begins corrective action within a 

reasonable period of time. 

(h) When the flight guidance system 

is in use, a means must be provided to 

avoid excursions beyond an acceptable 

margin from the speed range of the 

normal flight envelope. If the airplane 

experiences an excursion outside this 

range, a means must be provided to 

prevent the flight guidance system from 

providing guidance or control to an 

unsafe speed. 

(i) The flight guidance system 

functions, controls, indications, and 

alerts must be designed to minimize 

flightcrew errors and confusion 

concerning the behavior and operation 

of the flight guidance system. Means 

must be provided to indicate the current 

mode of operation, including any armed 

modes, transitions, and reversions. 

Selector switch position is not an 

acceptable means of indication. The 

controls and indications must be 

grouped and presented in a logical and 

consistent manner. The indications 

must be visible to each pilot under all 

expected lighting conditions. 

(j) Following disengagement of the 

autothrust function, a caution (visual 

and, unless there are no misleading or 

hazardous consequences associated 

with its absence, auditory) must be 

provided to each pilot. 

(k) During autothrust operation, it 

must be possible for the flightcrew to 

move the thrust levers without requiring 

excessive force. The autothrust may not 

create a potential hazard when the 

flightcrew applies an override force to 

the thrust levers. 

(l) For purposes of this section, a 

transient is a disturbance in the control 

or flight path of the airplane that is not 

consistent with response to flightcrew 

inputs or environmental conditions. 

(1) A minor transient would not 

significantly reduce safety margins and 

would involve flightcrew actions that 

are well within their capabilities. A 

minor transient may involve a slight 

increase in flightcrew workload or some 

physical discomfort to passengers or 

cabin crew. 

(2) A significant transient may lead to 

a significant reduction in safety 

margins, an increase in flightcrew 

workload, discomfort to the flightcrew, 

or physical distress to the passengers or 

cabin crew, possibly including non-fatal 

injuries. Significant transients do not 

require, in order to remain within or 

recover to the normal flight envelope, 

any of the following: 

(i) Exceptional piloting skill, 

alertness, or strength. 

(ii) Forces applied by the pilot which 

are greater than those specified in 

§ 23.143(c). 

(iii) Accelerations or attitudes in the 

airplane that might result in further 

hazard to secured or non-secured 

occupants. 

Issued in Kansas City, Missouri, on 

October 26, 2015. 

Mel Johnson 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–27700 Filed 10–29–15; 8:45 am] 

BILLING CODE 4910–13–P 


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