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[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Rules and Regulations]
[Pages 56472-56474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19993]

[[Page 56472]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-4137; Special Conditions No. 25-631-SC]

Special Conditions: Bombardier Aerospace Inc. Model BD-700-2A12 
and BD-700-2A13 Airplanes; Automatic Speed Protection for Design Dive 
Speed

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 Bombardier 
Aerospace Inc. (Bombardier) Model BD-700-2A12 and BD-700-2A13 
airplanes. These airplanes will have a novel or unusual feature when 
compared to the state of technology envisioned in the airworthiness 
standards for transport-category airplanes. This design feature is 
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 these 
design features. 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 Bombardier on August 22, 2016. We 
must receive your comments by October 6, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-4137 
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 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 May 30, 2012, Bombardier applied for an amendment to type 
certificate no. T00003NY to include the new Model BD-700-2A12 and BD-
700-2A13 airplanes. These airplanes are derivatives of the Model BD-700 
series of airplanes currently approved under type certificate no. 
T00003NY, and are marketed as the Bombardier Global 7000 (Model BD-700-
2A12) and Global 8000 (Model BD-700-2A13). These airplanes are ultra-
long-range, executive-interior business jets.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, Bombardier must show that the Model BD-700-2A12 and BD-
700-2A13 airplanes meet the applicable provisions of the regulations 
listed in type certificate no. T00003NY, or the applicable regulations 
in effect on the date of application for the change, except for earlier 
amendments as agreed upon by the FAA.
    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 BD-700-2A12 and BD-700-2A13 
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, the Model BD-700-2A12 and BD-700-2A13 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 Bombardier Model BD-700-2A12 and BD-700-2A13 airplanes will 
have a novel or unusual design feature associated with a high-speed-
protection system that limits nose-down pilot authority at speeds above 
VD/MD.

Discussion

    Bombardier's 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 Sec.  
25.335(b)(1).
    Section 25.335(b)(1) is an analytical envelope condition that was 
originally adopted in Part 4b of the Civil Air Regulations to provide 
an acceptable speed margin between design cruise

[[Page 56473]]

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 must 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 non-symmetric upset conditions. 
Bombardier must conduct a demonstration that includes a comprehensive 
set of conditions, as described in these special conditions.
    These special conditions are necessary to address Bombardier's 
proposed high-speed-protection system. These 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 Sec.  25.331, ``Symmetric 
maneuvering conditions.'' Non-symmetric maneuvers are specified in 
Sec.  25.349, ``Rolling conditions,'' and in Sec.  25.351, ``Yaw 
maneuver conditions.''
    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 
Model BD-700-2A12 and BD-700-2A13 airplanes. Should Bombardier 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 the other 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 Bombardier Model BD-700-2A12 and BD-
700-2A13 airplanes.
    1. In lieu of compliance with Sec.  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 Sec.  
25.335(b)(1), VD/MD must be determined from the 
greater of the speeds resulting from special conditions 1(a) and 1(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 to 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 Sec.  25.175(b)(1)(iv), 
is assumed until recovery is initiated, at which time power reduction 
and the use of pilot-controlled 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 after operation 
of the high-speed warning system by application of a load of 1.5g (0.5g 
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. It must also be demonstrated 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 non-symmetric upset conditions. The upset maneuvers 
described in Advisory Circular 25-7C, ``Flight Test Guide for 
Certification of Transport Category Airplanes,'' section 8, paragraph 
32, sub-paragraphs 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 
special conditions 1 and 2, above, must be less than 10-\5\ 
per flight hour.
    4. Failures of the system must be annunciated to the pilots. 
Airplane 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, and that is consistent with showing 
compliance with Sec.  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 minimum equipment list 
that would require airplane flight-manual instructions to indicate 
reduced maximum operating speeds, as described in special condition 4, 
above. In addition, the flight-deck 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.

[[Page 56474]]

    Issued in Renton, Washington, on August 11, 2016.
Paul Bernado,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-19993 Filed 8-19-16; 8:45 am]
 BILLING CODE 4910-13-P
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