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

5146 

Vol. 78, No. 16 

Thursday, January 24, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–1301; Notice No. 25– 

12–18–SC] 

Special Conditions: Embraer S.A., 

Model EMB–550 Airplane, Dive Speed 

Definition With Speed Protection 

System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Embraer S.A. Model 

EMB–550 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. These design 

features include a high-speed protection 

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 March 11, 2013. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–1301 

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 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: 

Todd Martin, FAA, Airframe and Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone 425–227–1178; facsimile 

425–227–1149. 

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 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 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, ailerons 

and rudder, controlled by the pilot or 

copilot sidestick. 

The Model EMB–550 airplane 

incorporates a high-speed protection 

system in the airplane’s flight control 

laws. The airplane’s high-speed 

protection system limits nose-down 

pilot authority by adding automatic 

control inputs at threshold speeds above 

VMO/MMO, which influence the results 

of the traditional recovery maneuvers 

required in Title 14, Code of Federal 

Regulations (14 CFR) 25.335(b)(1). This 

speed protection system was not 

envisioned when § 25.335 was 

promulgated. 

Type Certification Basis 

Under the provisions of 14 CFR part 

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 

§ 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 

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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Proposed Rules 5147 

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 36 

and the FAA must issue a finding of 

regulatory adequacy under § 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 Model EMB–550 airplane will 

incorporate the following novel or 

unusual design features: a high-speed 

protection system that limits nose-down 

pilot authority at speeds above VMO/ 

MMO. This system prevents the airplane 

from performing the maneuver required 

under § 25.335(b)(1). 

Discussion 

Section 25.335(b)(1) is a dive speed 

condition that was originally adopted in 

part 4b of the Civil Air Regulations in 

order to provide an acceptable speed 

margin between design cruise 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 conditions. To 

ensure that potential overspeed 

conditions are covered, the applicant 

should demonstrate that the dive speed 

will not be exceeded in inadvertent, or 

gust-induced, upsets resulting in 

initiation of the dive from nonsymmetric attitudes; or that the airplane 

is protected by the flight control laws 

from getting into non-symmetric upset 

conditions. The applicant should 

conduct a demonstration that includes a 

comprehensive set of conditions, as 

described in the special conditions. 

These special conditions are proposed 

in lieu of § 25.335(b)(1). Section 

25.335(b)(2), which also addresses the 

design dive speed, is applied separately. 

Advisory Circular (AC) 25.335–1A, 

Design Dive Speed, dated September 29, 

2000, provides an acceptable means of 

compliance to § 25.335(b)(2)). 

Special conditions are necessary to 

address the high-speed protection 

system on the Model EMB–550. The 

proposed special conditions identify 

various symmetric and non-symmetric 

maneuvers that will ensure that an 

appropriate design dive speed, VD/MD, 

is established. 

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. 

This special condition is proposed in 

lieu of 14 CFR 25.335(b)(1). Section 

25.335(b)(2), also addresses the design 

dive speed, but it is applied separately. 

Advisory Circular (AC) 25.335–1A, 

Design Dive Speed, dated September 29, 

2000, provides an acceptable means of 

compliance to § 25.335(b)(2). 

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. 

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 Embraer 

S.A. Model EMB–550 airplanes. 

1. Dive Speed Definition with Speed 

Protection System. 

(1) In lieu of the requirements of 14 

CFR 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 § 25.335(b)(1), VD/MD must 

be determined from the greater of the 

speeds resulting from the conditions (a) 

and (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 and takes a new flight path 7.5 

degrees below the initial path. Control 

application, up to full authority, is made 

to try and 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 

§ 25.175(b)(1)(iv), is assumed until 

recovery is initiated, at which time 

power reduction and 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 (0.5 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) The applicant must also 

demonstrate that the speed margin, 

established as above, will not be 

exceeded in inadvertent, or gustinduced, 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 

paragraphs 32.c(3)(a) and 32.c(3)(c) of 

AC 25–7B, Flight Test Guide for 

Certification of Transport Category 

Airplanes, Change 1, dated December 7, 

2011, may be used to comply with this 

requirement. 

(3) Any failure of the high-speed 

protection system that would result in 

an airspeed exceeding those determined 

by paragraphs (1) and (2) must be less 

than 10¥5 per flight hour. 

(4) Failures of the system must be 

annunciated to the pilots. Flight manual 

instructions must be provided that 

reduce the maximum operating speeds 

VMO/MMO. The operating speed must be 

reduced to a value that maintains a 

speed margin between VMO/MMO and 

VD/MD that is consistent with showing 

compliance with § 25.335(b) without the 

benefit of the high-speed protection 

system. 

(5) Dispatch of the airplane with the 

high-speed protection system 

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5148 Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Proposed Rules 

inoperative could be allowed under an 

approved minimum equipment list 

(MEL) that would require flight manual 

instructions to indicate reduced 

maximum operating speeds, as 

described in paragraph (4). In addition, 

the flightdeck 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 highspeed protection system inoperative. 

Issued in Renton, Washington, on 

December 10, 2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–01457 Filed 1–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–1332; Notice No. 25– 

12–19–SC] 

Special Conditions: Embraer S.A., 

Model EMB–550 Airplanes; Flight 

Envelope Protection: General Limiting 

Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Embraer S.A. Model 

EMB–550 airplane. This airplane will 

have a novel or unusual design 

feature(s), specifically new control 

architecture and a full digital flight 

control system which provides flight 

envelope protections. 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 March 11, 2013. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–1332 

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 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: 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: 

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 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 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. 

Embraer S.A. has developed 

comprehensive flight envelope 

protection features integral to the 

electronic flight control system design. 

These flight envelope protection 

features include limitations on angle-ofattack, normal load factor, bank angle, 

pitch angle, and speed. To accomplish 

this flight-envelope-limiting, a 

significant change (or multiple changes) 

occurs in the control laws of the 

electronic flight control system as the 

limit is approached or exceeded. When 

failure states occur in the electronic 

flight control system, flight envelope 

protection features can likewise either 

be modified, or in some cases, 

eliminated. The current regulations 

were not written with these 

comprehensive flight-envelope-limiting 

systems in mind. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (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 

§ 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 

mstockstill on DSK4VPTVN1PROD with