This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

57312 

Vol. 80, No. 184 

Wednesday, September 23, 2015 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No.FAA–2015–3880; Notice No. 23– 

15–05–SC] 

Special Conditions: Honda Aircraft 

Company (Honda) Model HA–420, 

HondaJet; Cruise Speed Control 

System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions 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 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 October 23, 2015. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–3880 

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 of 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://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: 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: 

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 ask that you send 

us two copies of written comments. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

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. 

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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Proposed Rules 57313 

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 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 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 

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. 

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 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 one model 

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, 

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 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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
57314 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Proposed Rules 

Issued in Kansas City, Missouri, on 

September 14, 2015. 

Mel Johnson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–24161 Filed 9–22–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 224 

[Docket No. 150527481–5834–01] 

RIN 0648–XD971 

Endangered and Threatened Wildlife 

and Plants: Proposed Threatened 

Status for Island Grouper 

(Mycteroperca fusca) and Endangered 

Status for Gulf Grouper (Mycteroperca 

jordani) Under the Endangered 

Species Act (ESA) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; 12-month 

findings; request for comments. 

SUMMARY: We, NMFS, announce 12- 

month findings and listing 

determinations on a petition to list the 

gulf grouper (Mycteroperca jordani) and 

the island grouper (Mycteroperca fusca) 

as threatened or endangered under the 

Endangered Species Act (ESA). We have 

completed comprehensive status 

reviews for these two marine fish 

species in response to a petition 

submitted by WildEarth Guardians. 

After reviewing the best scientific and 

commercial data available, we have 

determined that the gulf grouper is 

currently in danger of extinction 

throughout its range and, therefore, 

meets the definition of an endangered 

species. After reviewing the best 

scientific and commercial data 

available, we have also determined that 

the island grouper is not currently in 

danger of extinction throughout all or a 

significant portion of its range, but is 

likely to become so within the 

foreseeable future. Therefore, we 

conclude that the island grouper meets 

the definition of a threatened species. 

We are soliciting information that may 

be relevant to inform the final 

determinations for these two species. 

DATES: Comments on this proposed rule 

must be received by November 23, 2015. 

Public hearing requests must be made 

by November 9, 2015. 

ADDRESSES: You may submit comments 

on this document, identified by the code 

NOAA–NMFS–2015–0071, by either of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal eRulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2015- 

0071. Click the ‘‘Comment Now’’ icon, 

complete the required fields. Enter or 

attach your comments. 

• Mail: Submit written comments to, 

Ron Salz, NMFS Office of Protected 

Resources (F/PR3), 1315 East West 

Highway, Silver Spring, MD 20910, 

USA. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on http://www.regulations.gov without 

change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. We will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, or Adobe PDF file formats 

only. 

You can obtain the petition, status 

review reports, proposed rule, and list 

of references electronically on our 

NMFS Web site at http://

www.nmfs.noaa.gov/pr/species/

petition81.htm. 

FOR FURTHER INFORMATION CONTACT: 

Ronald Salz, NMFS, Office of Protected 

Resources (OPR), (301) 427–8171 or 

Marta Nammack, NMFS, OPR, (301) 

427–8403. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 15, 2013, we received a 

petition from WildEarth Guardians to 

list 81 marine species or subpopulations 

as threatened or endangered under the 

Endangered Species Act (ESA). This 

petition included species from many 

different taxonomic groups, and we 

prepared our 90-day findings in batches 

by taxonomic group. We found that the 

petitioned actions may be warranted for 

24 of the species and 3 of the 

subpopulations and announced the 

initiation of status reviews for each of 

the 24 species and 3 subpopulations (78 

FR 63941, October 25, 2013; 78 FR 

66675, November 6, 2013; 78 FR 69376, 

November 19, 2013; 79 FR 9880, 

February 21, 2014; and 79 FR 10104, 

February 24, 2014). This document 

addresses the 12-month findings for two 

of these species: Gulf grouper 

(Mycteroperca jordani) and island 

grouper (Mycteroperca fusca). The 

status of the findings and relevant 

Federal Register notices for the other 21 

species and 3 subpopulations can be 

found on our Web site at http://

www.nmfs.noaa.gov/pr/species/

petition81.htm. 

We are responsible for determining 

whether species are threatened or 

endangered under the ESA (16 U.S.C. 

1531 et seq.). To make this 

determination, we consider first 

whether a group of organisms 

constitutes a ‘‘species’’ under the ESA, 

then whether the status of the species 

qualifies it for listing as either 

threatened or endangered. Section 3 of 

the ESA defines a ‘‘species’’ to include 

‘‘any subspecies of fish or wildlife or 

plants, and any distinct population 

segment of any species of vertebrate fish 

or wildlife which interbreeds when 

mature.’’ On February 7, 1996, NMFS 

and the U.S. Fish and Wildlife Service 

(USFWS; together, the Services) adopted 

a policy describing what constitutes a 

distinct population segment (DPS) of a 

taxonomic species (the DPS Policy; 61 

FR 4722). The DPS Policy identified two 

elements that must be considered when 

identifying a DPS: (1) The discreteness 

of the population segment in relation to 

the remainder of the species (or 

subspecies) to which it belongs; and (2) 

the significance of the population 

segment to the remainder of the species 

(or subspecies) to which it belongs. As 

stated in the DPS Policy, Congress 

expressed its expectation that the 

Services would exercise authority with 

regard to DPSs sparingly and only when 

the biological evidence indicates such 

action is warranted. Based on the 

scientific information available, we 

determined that the gulf grouper 

(Mycteroperca jordani) and the island 

grouper (Mycteroperca fusca) are both 

‘‘species’’ under the ESA. There is 

nothing in the scientific literature 

indicating that either of these species 

should be further divided into 

subspecies or DPSs. 

Section 3 of the ESA defines an 

endangered species as ‘‘any species 

which is in danger of extinction 

throughout all or a significant portion of 

its range’’ and a threatened species as 

one ‘‘which is likely to become an 

endangered species within the 

foreseeable future throughout all or a 

significant portion of its range.’’ We 

interpret an ‘‘endangered species’’ to be 

one that is presently in danger of 

extinction. A ‘‘threatened species,’’ on 


tkelley on DSK3SPTVN1PROD with PROPOSALS