23566 Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations 

guaranteed bond resulting in a Loss that 

has not been fully reimbursed to SBA, 

or SBA has not been fully reimbursed 

for any Imminent Breach payments. 

* * * * * 

(b) Reinstatement of Principal’s 

eligibility. At any time after a Principal 

becomes ineligible for further bond 

guarantees under paragraph (a) of this 

section: 

(1) A Prior Approval Surety may 

recommend that such Principal’s 

eligibility be reinstated, and OSG may 

agree to reinstate the Principal if: 

(i) The Surety has settled its claim 

with the Principal, or any of its 

Affiliates, for an amount that results in 

no Loss to SBA or in no amount owed 

for Imminent Breach payments, or OSG 

finds good cause for reinstating the 

Principal notwithstanding the Loss to 

SBA or amount owed for Imminent 

Breach payments; or 

(ii) OSG and the Surety determine 

that further bond guarantees are 

appropriate after the Principal was 

deemed ineligible for further SBA bond 

guarantees under paragraph (a)(1), (2), 

(3), (5) or (6) of this section. 

(2) A PSB Surety may: 

(i) Recommend that such Principal’s 

eligibility be reinstated, and OSG may 

agree to reinstate the Principal, if the 

Surety has settled its claim with the 

Principal, or any of its Affiliates, for an 

amount that results in no Loss to SBA 

or in no amount owed for Imminent 

Breach payments, or OSG finds good 

cause for reinstating the Principal 

notwithstanding the Loss to SBA or 

amount owed for Imminent Breach 

payments; or 

(ii) Reinstate a Principal’s eligibility 

upon the Surety’s determination that 

further bond guarantees are appropriate 

after the Principal was deemed 

ineligible for further SBA bond 

guarantees under paragraph (a)(1), (2), 

(3), (5) or (6) of this section. 

(c) Underwriting after reinstatement. 

A guarantee application submitted after 

reinstatement of the Principal’s 

eligibility is subject to a very stringent 

underwriting review. 

■ 5. Amend § 115.16 by revising 

paragraphs (e)(1) and (f)(1) to read as 

follows: 

§ 115.16 Determination of Surety’s Loss. 

* * * * * 

(e) * * * 

(1) Amounts actually paid by the 

Surety for specialized services that are 

provided under contract by an outside 

consultant, which is not an Affiliate of 

the Surety, provided that such services 

are beyond the capability of the Surety’s 

salaried claims staff, and amounts 

actually paid by the Surety for travel 

expenses of the Surety’s claims staff. 

The cost of the consultant’s services and 

the travel expenses of the Surety’s 

claims staff must be reasonable and 

necessary and must specifically concern 

the investigation, adjustment, 

negotiation, compromise, settlement of, 

or resistance to a claim for Loss 

resulting from the breach of the terms of 

the bonded Contract. The cost allocation 

method must be reasonable and must 

comply with generally accepted 

accounting principles; and 

* * * * * 

(f) * * * 

(1) Any unallocated expenses, all 

direct and indirect costs incurred by the 

Surety’s salaried claims staff (except for 

reasonable and necessary travel 

expenses of such staff), or any clear 

mark-up on expenses or any overhead of 

the Surety, its attorney, or any other 

consultant hired by the Surety or the 

attorney; 

* * * * * 

■ 6. Amend § 115.18 by revising 

paragraph (a)(2) to read as follows: 

§ 115.18 Refusal to issue further 

guarantees; suspension and termination of 

PSB status. 

(a) * * * 

(2) Regulatory violations, fraud. Acts 

of wrongdoing such as fraud, material 

misrepresentation, breach of the Prior 

Approval or PSB Agreement, the 

Surety’s failure to continue to comply 

with the requirements set forth in 

§ 115.11, or regulatory violations (as 

defined in § 115.19(d) and (h)) also 

constitute sufficient grounds for refusal 

to issue further guarantees, or in the 

case of a PSB Surety, termination of 

preferred status. 

* * * * * 

■ 7. Amend § 115.36 as follows: 

■ a. Revise the section heading; 

■ b. Remove the paragraph designation 

and heading ‘‘(a) Indemnity 

settlements.’’; 

■ c. Remove paragraphs (b) and (c); and 

■ d. Redesignate paragraphs (1), (2), and 

(3), as (a), (b), and (c). 

§ 115.36 Indemnity settlements. 

* * * * * 

§ 115.60 [Amended] 

■ 8. Amend § 115.60 as follows: 

■ a. Amend paragraph (a)(1) by 

removing ‘‘$2,000,000’’ and adding 

‘‘$6,500,000’’ in its place; and 

■ b. Remove paragraph (a)(5) and 

redesignate paragraph (a)(6) as new 

paragraph (a)(5). 

Maria Contreras-Sweet, 

Administrator. 

[FR Doc. 2016–09302 Filed 4–21–16; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2014–1078; Special 

Conditions No. 25–616–SC] 

Special Conditions: Dassault Aviation 

Model Falcon 5X Airplane; Use of 

Automatic Power Reserve (APR), an 

Automatic Takeoff Thrust Control 

System (ATTCS) for Go-Around 

Performance Credit 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; 

request for comments. 

SUMMARY: These special conditions are 

issued for the Dassault Aviation 

(Dassault) Model Falcon 5X airplane. 

This airplane will have a novel or 

unusual design feature associated with 

go-around performance credit when 

using an automatic takeoff thrustcontrol 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: This action is effective on 

Dassault Aviation on April 22, 2016. We 

must receive your comments by June 6, 

2016. 

ADDRESSES: Send comments identified 

by docket number FAA–2014–1078 

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 


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Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations 23567 

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: 

Chris Parker, FAA, Propulsion and 

Mechanical Systems Branch, ANM–112, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone 425–227–1509; facsimile 

425–227–1320. 

SUPPLEMENTARY INFORMATION: 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 July 1, 2012, Dassault Aviation 

applied for a type certificate for their 

new Model Falcon 5X airplane. This 

airplane is a transport-category airplane 

to be operated in private/corporate 

transportation with a maximum of 19 

passengers. The Model Falcon 5X 

airplane incorporates a low, swept wing 

and twin rear-fuselage-mounted Snecma 

Silvercrest turbofan engines. The 

fuselage is about 23 m long with a 26 

m wingspan. 

The current requirements of Title 14, 

Code of Federal Regulations (14 CFR) 

part 25 are inadequate for addressing 

approach climb using ATTCS. Part 25 

appendix I limits the application of 

performance credit for ATTCS to takeoff 

only. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Dassault Aviation must show that the 

Model Falcon 5X airplane meets the 

applicable provisions of part 25, as 

amended by Amendments 25–1 through 

25–136. 

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 Falcon 5X 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 type certificate 

for that model be amended later to 

include any other model that 

incorporates 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 Falcon 5X 

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 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The Dassault Aviation Model Falcon 

5X airplane will incorporate the 

following novel or unusual design 

feature. 

An automatic takeoff thrust-control 

system (ATTCS), described as an 

automatic power reserve (APR) system, 

which is available at all times without 

any additional action or input from the 

pilot; and which the applicant proposes 

would not only function during the goaround, in addition to the takeoff phase 

of flight, but also allow the applicant to 

take performance credit for the system’s 

function during that phase. 

Discussion 

Dassault Aviation proposes to include 

an APR system (a part 23 term; the part 

25 term is ATTCS) in the Model Falcon 

5X airplane. Dassault proposes to use 

the APR system during go-around, and 

is requesting approach climb 

performance credit for the use of the 

additional power APR up-trim provides. 

The Model Falcon 5X powerplant 

control system comprises a fullauthority digital electronic control 

(FADEC) for the Snemca Silvercrest 

engine. The engine FADEC system 

includes APR system functions. The 

proposed configuration, which is novel 

or unusual, provides for APR activation 

during takeoff and go-around flight 

operations, requiring no additional 

action from the pilot. The airplane 

performance data will be based on the 

availability of the up-trim power during 

takeoff and approach climb. 

The part 25 standards applicable to 

the automatic advancement of reserve 

power, known as ATTCS and contained 

in § 25.904 and appendix I, specifically 

restrict performance credit for ATTCS to 

the takeoff phase of flight. At the time 

these standards were issued, the FAA 

considered including other phases of 

flight, including go-around. Concerns 

about flightcrew workload precluded 

including those additional phases of 

flight. As the preamble of Amendment 

25–62 to part 25 states: 

In regard to ATTCS credit for approach 

climb and go-around maneuvers, current 

regulations preclude a higher power for the 

approach climb (Section 25.121(d)) than for 

the landing climb (Section 25.119). The 

workload required for the flightcrew to 

monitor and select from multiple in-flight 

power settings in the event of an engine 

failure during a critical point in the 

approach, landing, or go-around operations is 

excessive. Therefore, the FAA does not agree 

that the scope of the amendment should be 

changed to include the use of ATTCS for 

anything except the takeoff phase. 

The ATTCS incorporated on the 

Model Falcon 5X airplane allows the 

pilot to use the same power-setting 

procedure during a go-around regardless 

of whether or not an engine fails. 

Because the ATTCS is always active, it 

will function automatically following an 

engine failure, and will advance the 

remaining engine to the APR power 

level. 

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. 


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23568 Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

Falcon 5X airplane. Should Dassault 

Aviation 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 a certain 

novel or unusual design feature on one 

model of airplane. 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 

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 are issued as part of the type 

certification basis for Dassault Aviation 

Model Falcon 5X airplanes. 

1. The Model Falcon 5X airplane must 

comply with the requirements of 14 CFR 

25.904 and appendix I to 14 CFR part 

25 and the following requirements 

pertaining to the go-around phase of 

flight: 

2. Definitions 

a. Takeoff/go-around (TOGA): 

Throttle lever in takeoff or go-around 

position. 

b. Automatic takeoff thrust control 

system (ATTCS): The ATTCS in Model 

Falcon 5X airplanes is defined as the 

entire automatic system available during 

takeoff and in go-around mode, 

including all devices, both mechanical 

and electrical, that sense engine failure, 

transmit signals, actuate fuel controls or 

power levers (or increase engine power 

by other means on operating engines to 

achieve scheduled thrust or power 

increase), and furnish cockpit 

information on system operation. 

c. Critical time interval: The 

definition of the critical time interval in 

14 CFR appendix I 25.2(b) must be 

expanded to include the following: 

i. When conducting an approach for 

landing using ATTCS, the critical time 

interval is defined as follows: 

1. The critical time interval begins at 

a point on a 2.5 degree approach glide 

path from which, assuming a 

simultaneous engine and ATTCS 

failure, the resulting approach climb 

flight path intersects a flight path 

originating at a later point on the same 

approach path corresponding that 

corresponds to the 14 CFR part 25 oneengine-inoperative approach climb 

gradient. The period of time from the 

point of simultaneous engine and 

ATTCS failure to the intersection of 

these flight paths must be no shorter 

than the time interval used in evaluating 

the critical time interval for takeoff 

beginning from the point of 

simultaneous engine and ATTCS failure 

and ending upon reaching a height of 

400 feet. 

2. The critical time interval ends at 

the point on a minimum performance, 

all-engines-operating go-around flight 

path from which, assuming a 

simultaneous engine and ATTCS 

failure, the resulting minimum 

approach climb flight path intersects a 

flight path corresponding to the 14 CFR 

part 25 minimum one-engineinoperative approach climb gradient. 

The all-engines-operating go-around 

flight path and the 14 CFR part 25 oneengine-inoperative approach climb 

gradient flight path originate from a 

common point on a 2.5 degree approach 

path. The period of time from the point 

of simultaneous engine and ATTCS 

failure to the intersection of these flight 

paths must be no shorter than the time 

interval used in evaluating the critical 

time interval for the takeoff beginning 

from the point of simultaneous engine 

and ATTCS failure and ending upon 

reaching a height of 400 feet. 

ii. The critical time interval must be 

determined at the altitude resulting in 

the longest critical time interval for 

which one-engine-inoperative approach 

climb performance data are presented in 

the airplane flight manual (AFM). 

iii. The critical time interval is 

illustrated in the following figure: 


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The all-engines-operating go-around 

flight path, and the 14 CFR part 25 oneengine-inoperative approach climb 

gradient flight path (engine failed, 

ATTCS operating path in Figure 1), 

originate from a common point, point C, 

on a 2.5-degree approach path. The 

period of time, ‘‘time interval DE,’’ from 

the point of simultaneous engine and 

ATTCS failure, point D, to the 

intersection of these flight paths, point 

E, must be no shorter than the 

corresponding time in Figure 2, 

‘‘I25.2(b) time interval FG.’’ 

d. The critical time interval must be 

determined at the altitude resulting in 

the longest critical time interval for 

which one-engine-inoperative approach 

climb performance data are presented in 

the AFM. 

e. The ‘‘critical time interval AD’’ is 

illustrated in Figure 1. 

3. Performance and system reliability 

requirements: The applicant must 

comply with the performance and ATTCS reliability requirements as 

follows: 


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23570 Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations 

a. An ATTCS failure or a combination 

of failures in the ATTCS during the 

critical time interval (Figure 2): 

i. Must not prevent the insertion of 

the maximum approved go-around 

thrust or power, or must be shown to be 

a remote event. 

ii. Must not result in a significant loss 

or reduction in thrust or power, or must 

be shown to be an extremely improbable 

event. 

b. The concurrent existence of an 

ATTCS failure and an engine failure 

during the critical time interval must be 

shown to be extremely improbable. 

c. All applicable performance 

requirements of 14 CFR part 25 must be 

met with an engine failure occurring at 

the most critical point during go-around 

with the ATTCS functioning. 

d. The probability analysis must 

include consideration of ATTCS failure 

occurring after the time at which the 

flightcrew last verifies that the ATTCS 

is in a condition to operate until the 

beginning of the critical time interval. 

e. The propulsive thrust obtained 

from the operating engine after failure of 

the critical engine during a go-around 

used to show compliance with the oneengine-inoperative climb requirements 

of § 25.121(d) may not be greater than 

the lesser of: 

i. The actual propulsive thrust 

resulting from the initial setting of 

power or thrust controls with the 

ATTCS functioning; or 

ii. 111% of the propulsive thrust 

resulting from the initial setting of 

power or thrust controls with the 

ATTCS failing to reset thrust or power 

and without any action by the 

flightcrew to reset thrust or power. 

4. Thrust setting 

a. The initial go-around thrust setting 

on each engine at the beginning of the 

go-around phase may not be less than 

any of the following: 

i. That required to permit normal 

operation of all safety-related systems 

and equipment dependent upon engine 

thrust or power lever position; or 

ii. That shown to be free of hazardous 

engine response characteristics and not 

to result in any unsafe aircraft operating 

or handling characteristics when thrust 

or power is advanced from the initial 

go-around position to the maximum 

approved power setting. 

b. For approval to use an ATTCS for 

go-arounds, the thrust setting procedure 

must be the same for go-arounds 

initiated with all engines operating as 

for go-arounds initiated with one engine 

inoperative. 

5. Powerplant controls 

a. In addition to the requirements of 

§ 25.1141, no single failure or 

malfunction, or probable combination 

thereof, of the ATTCS, including 

associated systems, may cause the 

failure of any powerplant function 

necessary for safety. 

b. The ATTCS must be designed to: 

i. Apply thrust or power on the 

operating engine(s), following any oneengine failure during a go-around, to 

achieve the maximum approved goaround thrust without exceeding the 

engine operating limits; 

ii. Permit manual decrease or increase 

in thrust or power up to the maximum 

go-around thrust approved for the 

airplane under the existing conditions 

through the use of the power lever. For 

airplanes equipped with limiters that 

automatically prevent the engine 

operating limits from being exceeded 

under existing ambient conditions, 

other means may be used to increase the 

thrust in the event of an ATTCS failure, 

provided that the means: 

1. Is located on or forward of the 

power levers; 

2. Is easily identified and operated 

under all operating conditions by a 

single action of either pilot with the 

hand that is normally used to actuate 

the power levers; and 

3. Meets the requirements of 

§ 25.777(a), (b), and (c). 

iii. Provide a means to verify to the 

flightcrew before beginning an approach 

for landing that the ATTCS is in a 

condition to operate (unless it can be 

demonstrated that an ATTCS failure 

combined with an engine failure during 

an entire flight is extremely 

improbable); and 

iv. Provide a means for the flightcrew 

to deactivate the automatic function. 

This means must be designed to prevent 

inadvertent deactivation. 

6. Powerplant instruments: In 

addition to the requirements of 

§ 25.1305: 

a. A means must be provided to 

indicate when the ATTCS is in the 

armed or ready condition; and 

b. If the inherent flight characteristics 

of the airplane do not provide adequate 

warning that an engine has failed, a 

warning system that is independent of 

the ATTCS must be provided to give the 

pilot a clear warning of any engine 

failure during a go-around. 

Issued in Renton, Washington, on April 8, 

2016. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–09333 Filed 4–21–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–7301; Special 

Conditions No. 25–614–SC] 

Special Conditions: Gulfstream 

Aerospace Corporation Model GVII– 

G500 Airplanes, Pilot Compartment 

View Requirements With an 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 Gulfstream Aerospace 

Corporation (Gulfstream) Model GVII– 

G500 airplane. This airplane will have 

a novel or unusual design feature when 

compared to the state of technology 

envisioned in the airworthiness 

standards for transport category 

airplanes. This design feature is an 

enhanced flight vision system (EFVS) 

that includes a head-up display (HUD) 

capable of displaying forward-looking 

infrared (FLIR) imagery, intended to be 

used for instrument approaches under 

provisions of Title 14, Code of Federal 

Regulations (14 CFR) 91.175(l) and (m). 

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 

Gulfstream Aerospace Corporation on 

April 22, 2016. We must receive your 

comments by June 6, 2016. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–7301 

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. 


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