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[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Rules and Regulations]
[Pages 11562-11563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03676]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-1215; Special Conditions No. 25-12-482-SC]

Special Conditions: Embraer S.A., Model EMB-550 Airplanes; Flight 
Envelope Protection: High Speed Limiting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Embraer S.A. Model 
EMB-550 airplane. This airplane will have a novel or unusual design 
feature, specifically an electronic flight control system which 
contains fly-by-wire control laws, including envelope protections, for 
the overspeed protection and roll limiting function. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for this design feature. These special conditions contain the

[[Page 11563]]

additional safety standards that the Administrator considers necessary 
to establish a level of safety equivalent to that established by the 
existing airworthiness standards.

DATES: Effective date: March 21, 2013.

FOR FURTHER INFORMATION CONTACT: Joe Jacobsen, FAA, Airplane and Flight 
Crew Interface Branch, ANM-111, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-2011; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for 
their new Model EMB-550 airplane. The Model EMB-550 airplane is the 
first of a new family of jet airplanes designed for corporate flight, 
fractional, charter, and private owner operations. The aircraft has a 
conventional configuration with a low wing and T-tail empennage. The 
primary structure is metal with composite empennage and control 
surfaces. The Model EMB-550 airplane is designed for 8 passengers, with 
a maximum of 12 passengers. It is equipped with two Honeywell HTF7500-E 
medium bypass ratio turbofan engines mounted on aft fuselage pylons. 
Each engine produces approximately 6,540 pounds of thrust for normal 
takeoff. The primary flight controls consist of hydraulically powered 
fly-by-wire elevators, aileron and rudder, controlled by the pilot or 
copilot sidestick.
    The longitudinal control law design of the Embraer S.A. Model EMB-
550 airplane incorporates an overspeed protection system in the normal 
mode. This mode prevents the pilot from inadvertently or intentionally 
exceeding a speed approximately equivalent to VFC or 
attaining VDF. Current Title 14, Code of Federal Regulations 
(14 CFR) part 25 did not envision a high speed limiter that might 
preclude or modify flying qualities assessments in the overspeed 
region.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Embraer S.A. must show that 
the Model EMB-550 airplane meets the applicable provisions of part 25, 
as amended by Amendments 25-1 through 25-127 thereto.
    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-550 airplane 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 or similar 
novel or unusual design feature, the 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 EMB-550 airplane 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 and the FAA must issue a 
finding of regulatory adequacy under 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 Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 airplane will incorporate the following novel or 
unusual design feature: an electronic flight control system which 
contains fly-by-wire control laws, including envelope protections, for 
the overspeed protection and roll limiting function. Current part 25 
requirements do not contain appropriate standards for high speed 
protection systems.

Discussion

    As further discussed previously, a special condition is necessary 
in addition to the requirements of Sec.  25.143 for the operation of 
the high speed protection. The general intent is that the overspeed 
protection does not impede normal maneuvering and speed control and 
that the overspeed protection does not restrict or prevent emergency 
maneuvering. Therefore, 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.

Discussion of Comments

    Notice of proposed special conditions No. 25-12-12-SC for the 
Embraer S.A. Model EMB-550 airplanes was published in the Federal 
Register on November 20, 2012 (77 FR 69572). No comments were received, 
and the special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the 
Model EMB-550 airplane. Should Embraer S.A. 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 of airplanes. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

0
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 Embraer S.A. Model EMB-550 airplanes.
    1. In addition to Sec.  25.143, the following requirement applies: 
Operation of the high speed limiter during all routine and descent 
procedure flight must not impede normal attainment of speeds up to 
overspeed warning.

    Issued in Renton, Washington, on February 12, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-03676 Filed 2-15-13; 8:45 am]
BILLING CODE 4910-13-P
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