51090 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations 

V′ = Clearance speed as defined by 

§ 25.629(b)(2). 

V′′ = Clearance speed as defined by 

§ 25.629(b)(1). 

Where: 

Qj = (Tj)(Pj) where: 

Qj = Probability of being in failure mode j 

Tj = Average time spent in failure mode j (in 

hours) 

Pj = Probability of occurrence of failure mode 

j (per hour) 

Note: If Pj is greater than 10¥3 per flight 

hour, then the flutter clearance speed must 

not be less than V′′. 

vi. Freedom from aeroelastic 

instability must also be shown up to V′ 

in Figure 3, above, for any probable 

system-failure condition, combined 

with any damage required or selected 

for investigation by § 25.571(b). 

b. Consideration of certain failure 

conditions may be required by other 

sections of 14 CFR part 25 regardless of 

calculated system reliability. Where 

analysis shows the probability of these 

failure conditions to be less than 10¥9, 

criteria other than those specified in this 

paragraph may be used for structural 

substantiation to show continued safe 

flight and landing. 

4. Failure indications. For systemfailure detection and indication, the 

following apply: 

a. The system must be checked for 

failure conditions, not extremely 

improbable, that degrade the structural 

capability below the level required by 

14 CFR part 25, or that significantly 

reduce the reliability of the remaining 

system. As far as reasonably practicable, 

the flightcrew must be made aware of 

these failures before flight. Certain 

elements of the control 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 

certification-maintenance requirements 

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. 

b. 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, 

must be signaled to the flightcrew. For 

example, failure conditions that result 

in a factor of safety between the airplane 

strength and the loads of 14 CFR part 

25, subpart C below 1.25, or flutter 

margins below V′′, must be signaled to 

the crew during flight. 

5. Dispatch with known failure 

conditions. If the airplane is to be 

dispatched in a known system-failure 

condition that affects structural 

performance, or that 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 special condition 2 for the 

dispatched condition, and special 

condition 3 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 July 27, 

2016. 

Victor Wicklund, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–18448 Filed 8–2–16; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 


rmajette on DSK2TPTVN1PROD with RULESER03AU16.002</GPH>
Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations 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 

§ 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 § 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 § 11.38, and they become part of 

the type-certification basis under 

§ 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 

§ 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 § 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 


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51092 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations 

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 § 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-compartmentview 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 

§ 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 imagedisplay 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 timecritical, 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 collisionavoidance 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. 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations 51093 

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‘ 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2016–4116; Special 

Conditions No. 25–627–SC] 

Special Conditions: FedEx Express 

Corporation, Boeing Model 767–300F; 

Enhanced Flight Vision System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Boeing Model 767–300F 

airplane. This airplane, as modified by 

the FedEx Express Corporation (FedEx), 

will have a novel or unusual design 

feature associated with an advanced, 

enhanced flight vision system (EFVS). 

The EFVS consists of a head-up display 

(HUD) system modified to display 

forward-looking infrared (FLIR) 

imagery. 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 FedEx 

on August 3, 2016. We must receive 

your comments by September 19, 2016. 

ADDRESSES: Send comments identified 

by docket number FAA–2016–4116 

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 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, Transport Standards 

Staff, ANM–111, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; 

telephone 425–227–2239; fax 425–227– 

1320; email dale.dunford@faa.gov. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions are 

impracticable because 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 on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On November 30, 2012, FedEx 

applied for a supplemental type 

certificate for the installation and 

operation of a HUD and an EFVS in the 

Boeing Model 767–300F airplane. The 

original type certificate for the 767– 

300F airplanes is A1NM. The Boeing 

Model 767–300F is a transport-category, 

cargo-carrying airplane that operates 

with a crew of two. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, FedEx must show that the 

Boeing Model 767–300F airplane, as 

changed, continues to meet the 

applicable provisions of the regulations 

listed in type certificate no. A1NM, 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.’’ The regulations are 

listed in Type Certificate Data Sheet No. 

A1NM, which covers all variants of 

Boeing Model 767 airplanes. In 

addition, the certification basis includes 

certain special conditions and 

exemptions 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 Boeing Model 767–300F 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 applicant apply 

for a supplemental type certificate to 

modify any other model included on the 

same type certificate to incorporate the 

same novel or unusual design feature, 

these special conditions would also 

apply to the other model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model 767–300F 

airplane must comply with the fuel-vent 

and exhaust-emission requirements of 

14 CFR part 34, and the noisecertification requirements of 14 CFR 

part 36. 

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 

§ 21.101. 

Novel or Unusual Design Features 

The Boeing Model 767–300F airplane 

will incorporate the following novel or 

unusual design feature: An EFVS that 

projects a video image derived from a 

FLIR camera through the HUD. The 

EFVS image is projected in the center of 


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