Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46173 

speed amber band, and is the lower end 

of the normal flight envelope. The 

formula (maximum speed—10 knots) is 

to cover typical margin from VMO/MMO

to cruise speeds, and typical margin 

from VFE to standard speed in high lift 

configurations. 

Note: For the FAA to consider a trajectory 

change as satisfactory, the applicant should 

propose and justify a pitch rate that provides 

sufficient maneuvering capability in the most 

critical scenarios. Compliance demonstration 

with the above requirements may be 

performed without ice accretion on the 

airframe. 

Issued in Renton, Washington, on July 15, 

2014. 

John P. Piccola, Jr., 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–18660 Filed 8–6–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2014–0303; Special 

Conditions No. 25–561–SC] 

Special Conditions: Airbus Model 

A350–900 Airplane; Operation Without 

Normal Electrical Power 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special condition; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Airbus Model A350–900 

airplane. This airplane will have a novel 

or unusual design feature associated 

with operation without normal 

electrical power. 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: The effective date of these 

special conditions is August 7, 2014. We 

must receive your comments by 

September 22, 2014. 

ADDRESSES: Send comments identified 

by docket number FAA–2014–0303 

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. 

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: 

Nazih Khaouly, FAA, Airframe and 

Flightcrew Interface Branch, ANM–111, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–2432; 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 aircraft. 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 August 25, 2008, Airbus applied 

for a type certificate for their new Model 

A350–900 airplane. Later, Airbus 

requested, and the FAA approved, an 

extension to the application for FAA 

type certification to November 15, 2009. 

The Model A350–900 airplane has a 

conventional layout with twin wingmounted Rolls-Royce Trent XWB 

engines. It features a twin-aisle, 9- 

abreast, economy-class layout, and 

accommodates side-by-side placement 

of LD–3 containers in the cargo 

compartment. The basic Airbus Model 

A350–900 airplane configuration will 

accommodate 315 passengers in a 

standard two-class arrangement. The 

design cruise speed is Mach 0.85 with 

a maximum take-off weight of 602,000 

lbs. 

The Airbus Model A350–900 airplane 

fly-by-wire control system requires a 

continuous source of electrical power to 

maintain an operable flight-control 

system. The current rule, Title 14, Code 

of Federal Regulations (14 CFR) 

25.1351(d), Amendment 25–72, requires 

safe operation under visual flight rules 

(VFR) conditions for at least five 

minutes after loss of all normal 

electrical power. This rule was 

structured around a traditional design 

utilizing mechanical control cables for 

flight control while the crew took time 

to sort out the electrical failure, start 

engine(s) if necessary, and re-establish 

some of the electrical-power-generation 

capability. 

To maintain the same level of safety 

associated with traditional designs, 

Airbus Model A350–900 airplanes must 

be designed for operation with the 

normal sources of engine- or Auxiliary 

Power Unit (APU)-generated electrical 

power inoperative. Service experience 

has shown that loss of all electrical 

power from the airplane’s engine and 

APU-driven generators is not extremely 

improbable. Therefore, it must be shown 

that the airplane is capable of recovering 

adequate primary electrical-power 

generation for safe flight and landing 

with the use of its emergency electricalpower systems. These emergency 

electrical-power systems must be able to 


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46174 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 

power loads that are essential for 

continued safe flight and landing. 

Type Certification Basis 

Under 14 CFR 21.17, Airbus must 

show that the Airbus Model A350–900 

airplane meets the applicable provisions 

of 14 CFR part 25, as amended by 

Amendments 25–1 through 25–129. 

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 Airbus Model A350–900 airplane 

because of a novel or unusual design 

feature, special conditions are 

prescribed under § 21.16. These special 

conditions are an extension of part 25 

due to the inadequacies of the existing 

part 25 requirements to address loss of 

all normal electrical power. 

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, the special conditions 

would also apply to the other model 

under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Airbus Model A350–900 

airplane must be shown to 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 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, under § 11.38, 

and they become part of the typecertification basis under § 21.17(a)(2). 

Novel or Unusual Design Features 

The Airbus Model A350–900 airplane 

incorporates the following novel or 

unusual design features: The capability 

of continued safe flight and landing that 

are dependent on one or more 

continuous sources of electrical power. 

Due to rapid improvements in 

airplane technology, the applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for these design features. These special 

conditions for the Airbus Model A350– 

900 airplane 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. 

In addition to an electronic flightcontrol system, a number of systems 

that have traditionally been 

mechanically operated have been 

implemented as electrically powered 

systems on the Model A350–900 

airplane. The criticality of some of these 

systems is such that their failure will 

either reduce the capability of the 

airplane or the ability of the crew to 

cope with adverse operating conditions, 

or prevent continued safe flight and 

landing of the airplane. 

Discussion 

The current rule, 14 CFR 25.1351(d), 

Amendment 25–72, requires safe 

operation under VFR conditions for at 

least five minutes after loss of all normal 

electrical power. This rule was 

structured around traditional airplane 

designs that use mechanical control 

cables and linkages for flight control. 

These manual controls allow the 

flightcrew to maintain aerodynamic 

control of the airplane for an indefinite 

time after loss of all electrical power. 

Under these conditions, the mechanical 

flight-control system provides the 

flightcrew with the ability to fly the 

airplane while attempting to identify the 

cause of the electrical failure, start the 

engine(s) if necessary, and reestablish 

some of the electrical-power-generation 

capability, if possible. 

To maintain the same level of safety 

associated with traditional designs, the 

Airbus Model A350–900 airplane must 

be designed for operation with the 

normal sources of engine- and APUgenerated electrical power inoperative. 

The FAA has identified electrically 

powered functions required to safely 

complete a maximum ETOPS diversion 

as another potential catastrophic effect 

from the loss of all normal electrical 

power. Service history has shown that 

analytical means have not been accurate 

at anticipating common-cause failures, 

nor have such means been accurate at 

predicting that loss of all normal 

sources of electrical power is extremely 

improbable. 

Airbus must demonstrate that the 

airplane is capable of recovering 

adequate primary electrical-power 

generation during ETOPS, and for 

continued safe flight and landing. An 

alternative source of electrical power 

would have to be provided for the time 

necessary to restore the minimum 

power-generation capability necessary 

during ETOPS, and for continued safe 

flight and landing. 

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 Airbus 

Model A350–900. Should Airbus 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 the Airbus 

Model A350–900 airplane. 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 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 Airbus Model 

A350–900 airplanes. 

In lieu of the requirements of 14 CFR 

25.1351(d) the following special 

conditions apply: 

1. The applicant must show by test, or 

a combination of test and analysis, that 

the airplane is capable of continued safe 

flight and landing with all normal 

sources of engine- and APU-generated 

electrical power inoperative as 

prescribed by paragraphs 1.a. and 1.b. 

below. For purposes of these special 

conditions, normal sources of electrical 

power generation do not include any 

alternate power sources such as 

batteries, ram-air turbine (RAT), or 

independent power systems such as the 

flight-control permanent magnet 

generating system. In showing 

capability for continued safe flight and 

landing, consideration must be given to 

systems capability, effects on flightcrew 

workload and operating conditions, and 

the physiological needs of the flightcrew 

and passengers for the longest diversion 

time for which approval is sought. 

a. Common mode failures, cascading 

failures, and zonal physical threats must 

be considered in showing compliance 

with this requirement. 

b. In showing compliance with this 

requirement, the ability to restore 

operation of portions of the electricalpower generation and distribution 

system may be considered if it can be 

shown that unrecoverable loss of those 

portions of the system is extremely 

improbable. An alternative source of 

electrical power must be provided for 

the time required to restore the 

minimum electrical-power generation 

capability required for continued safe 


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Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46175 

flight and landing. Unrecoverable loss of 

all engines may be excluded when 

showing that unrecoverable loss of 

critical portions of the electrical system 

is extremely improbable. 

2. Regardless of any electrical 

generation-and-distribution systemrecovery capability shown under 

paragraph 1, above, sufficient electricalsystem capability must be provided to— 

a. allow time to descend, with all 

engines inoperative, at the speed that 

provides the best glide distance, from 

the maximum operating altitude to the 

top of the engine-restart envelope, and 

b. subsequently allow multiple start 

attempts of the engines and APU. This 

capability must be provided in addition 

to the electrical capability required by 

existing part 25 requirements related to 

operation with all engines inoperative. 

3. The electrical energy the airplane 

uses in descending with engines 

inoperative, from the maximum 

operating altitude at the best glide 

speed, and in making multiple attempts 

to start the engines and APU, must be 

considered when showing compliance 

with paragraphs 1 and 2 of these special 

conditions, and with existing 14 CFR 

part 25 requirements related to 

continued safe flight and landing. 

Issued in Renton, Washington, on July 23, 

2014. 

John P. Piccola, Jr., 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–18659 Filed 8–6–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. 2013–0709; Amendment No. 

71–45] 

RIN 2120–AA66 

Airspace Designations; Incorporation 

by Reference Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: This action incorporates 

certain amendments into FAA Order 

7400.9X, dated September 8, 2013, and 

effective September 15, 2013, for 

incorporation by reference in 14 CFR 

71.1. 

DATES: Effective date 0901 UTC August 

7, 2014. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Sarah A. Combs, Airspace Policy and 

Regulations Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

Federal Aviation Administration 

Airspace Order 7400.9, Airspace 

Designations and Reporting Points, 

incorporated by reference in 14 CFR 

71.1, is published yearly. Amendments 

referred to as ‘‘effective date straddling 

amendments’’ were published under 

Order 7400.9W (dated August 8, 2012, 

and effective September 15, 2012), but 

became effective under Order 7400.9X 

(dated August 7, 2013, and effective 

September 15, 2013). This action 

incorporates these rules into the current 

FAA Order 7400.9X. 

Accordingly, as this is an 

administrative correction to update final 

rule amendments into FAA Order 

7400.0X, notice and public procedure 

under 5 U.S.C. 553(b) are unnecessary. 

Also, to bring these rules and legal 

descriptions current, I find that good 

cause exists, under 5 U.S.C. 553(d), for 

making this amendment effective in less 

than 30 days. 

The Rule 

This action amends title 14 Code of 

Federal Regulations (14 CFR) Part 71 to 

incorporate certain final rules into the 

current FAA Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013, which are depicted 

on aeronautical charts. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it makes the necessary updates for 

airspace areas within the National 

Airspace System. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

■ 2. Section 71.1 is revised to read as 

follows: 

For Docket No. FAA–2013–0163; 

Airspace Docket No. 13–AWP–2 (78 FR 

40381, July 5, 2013). On page 40381, 

column 2, line 4, under History remove 

‘‘. . . FAA Order 7400.9W, Airspace 

Designations and Reporting Points, 

dated August 8, 2012, and effective 

September 15, 2012, . . .’’ and add in 

its place ‘‘FAA Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013, . . .; and on page 

40381, column 3, line 34, under 

Amendatory Instruction 2 remove ‘‘. . . 

Federal Aviation Administration Order 

7400.9W, Airspace Designations and 

Reporting Points, dated August 8, 2012, 

and effective September 15, 2012, . . .’’; 

and add in its place ‘‘Federal Aviation 

Administration Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013, . . .’’. 

For Docket No. FAA–2013–0258; 

Airspace Docket No. 13–ANM–12 (78 

FR 40382, July 5, 2013). On page 40382, 

column 2, line 22 under History remove 


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