This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

49423 

Vol. 79, No. 162 

Thursday, August 21, 2014 

MERIT SYSTEMS PROTECTION 

BOARD 

5 CFR Parts 1201 and 1210 

Practices and Procedures; Appeal of 

Removal or Transfer of Senior 

Executive Service Employees of the 

Department of Veterans Affairs; 

Corrections 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Correcting amendments. 

SUMMARY: The Merit Systems Protection 

Board (MSPB or the Board) published 

an interim final rule in the Federal 

Register on August 19, 2014, amending 

its rules of practice and procedure to 

adapt the Board’s regulations to 

legislative changes that have created 

new laws applicable to the removal or 

transfer of Senior Executive Service 

employees of the Department of 

Veterans Affairs. This document 

corrects the interim final rule by 

revising these sections. 

DATES: Effective on August 19, 2014. 

FOR FURTHER INFORMATION CONTACT: 

William D. Spencer, Clerk of the Board, 

Merit Systems Protection Board, 1615 M 

Street NW., Washington, DC 20419; 

phone: (202) 653–7200; fax: (202) 653– 

7130; or email: mspb@mspb.gov. 

SUPPLEMENTARY INFORMATION: This 

interim final rule is necessary to adapt 

the MSPB’s regulations to recent 

amendments to Federal law contained 

in section 707 of the Veterans’ Access to 

Care through Choice, Accountability, 

and Transparency Act of 2014, Public 

Law 113–146 (the Act). The Act was 

signed by the President on August 7, 

2014, and took effect on that same date. 

These are technical corrections to 

definitions and citations. 

List of Subjects in 5 CFR Parts 1201 and 

1210 

Administrative practice and 

procedure. 

Accordingly, 5 CFR part 1210 is 

corrected by making the following 

correcting amendments: 

PART 1210—PRACTICES AND 

PROCEDURES FOR AN APPEAL OF A 

REMOVAL OR TRANSFER OF A 

SENIOR EXECUTIVE SERVICE 

EMPLOYEE BY THE SECRETARY OF 

THE DEPARTMENT OF VETERANS 

AFFAIRS 

■ 1. The authority citation for part 1210 

continues to read as follows: 

Authority: 5 U.S.C. 1204 and 7701, and 38 

U.S.C. 713. 

■ 2. In § 1210.2, revise paragraph (a) to 

read as follows: 

§ 1210.2 Definitions. 

(a) The term employee covered by this 

part means an individual career 

appointee as that term is defined in 5 

U.S.C. 3132(a)(4) or an individual who 

occupies an administrative or executive 

position and is appointed under 38 

U.S.C. 7306(a) or 7401(1). (38 U.S.C. 

713(a) and (g)). 

* * * * * 

■ 3. In § 1210.18, revise paragraph (b) to 

read as follows: 

§ 1210.18 Burden of proof, standard of 

review, and penalty. 

* * * * * 

(b) Appellant. The appellant has the 

burden of proof, by a preponderance of 

the evidence, concerning: 

(1) Issues of jurisdiction; 

(2) The timeliness of the appeal; and 

(3) Affirmative defenses. 

* * * * * 

William D. Spencer, 

Clerk of the Board. 

[FR Doc. 2014–19851 Filed 8–19–14; 8:45 am] 

BILLING CODE 7400–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–0801; Special 

Conditions No. 25–562–SC] 

Special Conditions: Airbus Model 

A350–900 Airplanes; Permanently 

Installed Rechargeable Lithium-Ion 

Batteries and Battery Systems 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for Airbus Model A350–900 

airplanes. This airplane will have a 

novel or unusual design feature 

associated with permanently installed 

rechargeable lithium-ion batteries and 

battery systems. These batteries have 

certain failure, operational, and 

maintenance characteristics that differ 

significantly from those of the nickelcadmium and lead-acid rechargeable 

batteries currently approved for 

installation on large transport-category 

airplanes. 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: Effective date: September 22, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Nazih Khaouly, FAA, Airplane and 

Flight Crew Interface Branch, ANM– 

111, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue SW., Renton, Washington 

98057–3356; telephone 425–227–2432; 

facsimile 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 25, 2008, Airbus applied 

for a type certificate for their new Model 

A350–900 series 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 series has a 

conventional layout with twin wingmounted Rolls-Royce Trent XWB 

engines. It features a twin aisle, 9- 


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49424 Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations 

abreast, economy-class layout, and 

accommodates side-by-side placement 

of LD–3 containers in the cargo 

compartment. The basic Model A350– 

900 series configuration accommodates 

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. 

Existing airworthiness regulations did 

not anticipate the use of lithium-ion 

batteries and battery systems on aircraft. 

Lithium-ion batteries and battery 

systems have new hazards that were not 

contemplated when the existing 

regulations were issued. In Title 14, 

Code of Federal Regulations (14 CFR) 

25.1353, the FAA provided an 

airworthiness standard for lead-acid 

batteries and nickel-cadmium batteries. 

These special conditions provide an 

equivalent level of safety as that of the 

existing regulation. The current 

regulations are not adequate for 

rechargeable lithium-battery and battery 

system installations. Additional 

lithium-battery and battery system 

special conditions are required to 

ensure the same level of safety as set 

forth by the existing regulation intended 

for other battery technology. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Airbus must show that the Model A350– 

900 series meets the applicable 

provisions of 14 CFR part 25, as 

amended by Amendments 25–1 through 

25–129. 

The FAA has determined that Airbus 

Model A350–900 series airplanes must 

comply with the following sections: 

§ 25.863(a) through (d), Amendment 25– 

61 and Amendment 25–66. 

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 A350–900 series because 

of a novel or unusual design feature, 

special conditions are prescribed under 

§ 21.16. 

Special conditions are initially 

applicable to the model or series 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 

conditions, the Airbus Model A350–900 

airplane must comply with the fuel-vent 

and exhaust-emission requirements of 

14 CFR part 34, 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 § 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 

will incorporate the following novel or 

unusual design features: Permanently 

installed rechargeable lithium batteries 

and lithium battery systems. 

Discussion 

The current regulations governing 

installation of batteries in large 

transport-category airplanes were 

derived from Civil Air Regulations 

(CAR) part 4b.625(d) as part of the recodification of CAR 4b that established 

14 CFR part 25 in February 1965. The 

new battery requirements, 

§ 25.1353(c)(1) through (c)(4), basically 

reworded the CAR requirements. 

Increased use of nickel-cadmium 

batteries in small airplanes resulted in 

increased incidents of battery fires and 

failures which led to additional 

rulemaking affecting large transportcategory airplanes as well as small 

airplanes. On September 1, 1977 and 

March 1, 1978, the FAA issued 

§ 25.1353(c)(5) and (c)(6), respectively, 

governing nickel-cadmium battery 

installations on large transport-category 

airplanes. 

The proposed use of lithium-ion 

batteries and battery systems for 

equipment and systems on Airbus 

Model A350 airplanes has prompted the 

FAA to review the adequacy of these 

existing regulations. Our review 

indicates that the existing regulations do 

not adequately address several failure, 

operational, and maintenance 

characteristics of lithium-ion batteries 

and battery systems that could affect the 

safety and reliability of the Airbus 

model A350–900 airplane rechargeable 

lithium batteries and rechargeable 

lithium-battery-system installations. 

At present, commercial aviation has 

limited experience with use of 

rechargeable lithium-ion batteries and 

battery systems in applications 

involving commercial aviation. 

However, other users of this technology, 

ranging from wireless telephone 

manufacturers to the electric-vehicle 

industry, have noted potential hazards 

with lithium-ion batteries and battery 

systems. These problems include 

overcharging, over-discharging, and 

flammability of cell components. 

1. Overcharging 

In general, lithium-ion batteries and 

battery systems are significantly more 

susceptible to internal failures that can 

result in self-sustaining increases in 

temperature and pressure (i.e., thermal 

runaway) than their nickel-cadmium or 

lead-acid counterparts. This condition is 

especially true for overcharging, which 

causes heating and destabilization of the 

components of the cell, leading to the 

formation (by plating) of highly unstable 

metallic lithium. The metallic lithium 

can ignite, resulting in a self-sustaining 

fire or explosion. Finally, the severity of 

thermal runaway, due to overcharging, 

increases with increasing battery 

capacity due to the higher amount of 

electrolyte in large batteries. 

2. Over-Discharging 

Discharge of some types of lithiumion batteries and battery systems, 

beyond a certain voltage (typically 2.4 

volts), can cause corrosion of the 

electrodes of the cell, resulting in loss 

of battery capacity that cannot be 

reversed by recharging. This loss of 

capacity may not be detected by the 

simple voltage measurements 

commonly available to flightcrews as a 

means of checking battery status—a 

problem shared with nickel-cadmium 

batteries. 

3. Flammability of Cell Components 

Unlike nickel-cadmium and lead-acid 

batteries, some types of lithium-ion 

batteries and battery systems use liquid 

electrolytes that are flammable. The 

electrolyte can serve as a source of fuel 

for an external fire if there is a breach 

of the battery container. 

The problems lithium-ion battery and 

battery-system users experience raise 

concern about the use of these batteries 

in commercial aviation. The intent of 

the proposed special conditions is to 

establish appropriate airworthiness 

standards for lithium-ion battery 

installations in Airbus Model A350–900 

airplanes and to ensure, as required by 

§§ 25.1309 and 25.601, that these 

lithium-ion batteries and battery 

systems will not result in an unsafe 

condition. To address these concerns, 

these special conditions adopt the 

following requirements: 

• Those sections of 14 CFR 25.1353 

that are applicable to lithium ion 

batteries. 

• The flammable fluid fire protection 

requirements of 14 CFR 25.863. In the 

past, this rule was not applied to 

batteries of transport category airplanes, 

since the electrolytes used in lead-acid 

and nickel-cadmium batteries are not 

flammable. 


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Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations 49425 

• New requirements to address the 

hazards of overcharging and overdischarging that are unique to lithium 

ion batteries. 

• New maintenance requirements to 

ensure that batteries used as spares are 

maintained in an appropriate state of 

charge. 

These special conditions are similar 

to lithium-ion batteries and battery 

systems special conditions adopted for 

the Boeing Model 787 (72FR57842; 

October 11, 2007). 

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. 25–13–41–SC for the Airbus Model 

A350–900 series airplane was published 

in the Federal Register on December 19, 

2013 (78 FR 76772). No comments were 

received, and the special conditions are 

adopted as proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the Airbus 

Model A350–900 series airplanes. 

Should Airbus apply later 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 Airbus 

Model A350–900 series 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 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. 

The following special conditions 

apply to all rechargeable lithium-ion 

batteries and battery systems on Airbus 

Model A350–900 airplanes, in lieu of 

the requirements of § 25.1353(b)(1) 

through (b)(4) at Amendment 25–123. 

These special conditions require that 

(1) all characteristics of the rechargeable 

lithium-ion batteries and battery 

systems, and their installation, that 

could affect safe operation of Airbus 

Model A350–900 airplanes, are 

addressed, and (2) appropriate 

Instructions for Continued 

Airworthiness, which include 

maintenance requirements, are 

established to ensure the availability of 

electrical power, when needed, from the 

batteries. 

Rechargeable lithium-ion batteries 

and battery systems on Airbus Model 

A350–900 airplanes must be designed 

and installed as follows: 

1. Safe cell temperatures and 

pressures must be maintained during 

any foreseeable charging or discharging 

condition, and during any failure of the 

charging or battery monitoring system 

not shown to be extremely remote. The 

rechargeable lithium-ion batteries and 

battery systems must preclude 

explosion in the event of those failures. 

2. Design of the rechargeable lithiumion batteries and battery systems must 

preclude the occurrence of selfsustaining, uncontrolled increases in 

temperature or pressure. 

3. No explosive or toxic gases emitted 

by any rechargeable lithium-ion 

batteries and battery systems in normal 

operation, or as the result of any failure 

of the battery charging system, 

monitoring system, or battery 

installation that is not shown to be 

extremely remote, may accumulate in 

hazardous quantities within the 

airplane. 

4. Installations of rechargeable 

lithium-ion batteries and battery 

systems must meet the requirements of 

§ 25.863(a) through (d). 

5. No corrosive fluids or gases that 

may escape from any lithium-ion 

batteries and battery systems may 

damage surrounding structure or any 

adjacent systems, equipment, or 

electrical wiring of the airplane in such 

a way as to cause a major or more severe 

failure condition, in accordance with 

§ 25.1309 (b) and applicable regulatory 

guidance. 

6. Each rechargeable lithium-ion 

battery and battery system must have 

provisions to prevent any hazardous 

effect on structure or essential systems 

caused by the maximum amount of heat 

the battery can generate during a short 

circuit of the battery or of its individual 

cells. 

7. Rechargeable lithium-ion batteries 

and battery systems must have a system 

to automatically control the charging 

rate of the battery, so as to prevent 

battery overheating or overcharging, 

and: 

i. A battery-temperature sensing and 

over-temperature warning system with a 

means for automatically disconnecting 

the battery from its charging source in 

the event of an over-temperature 

condition, or, 

ii. A battery-failure sensing and 

warning system with a means for 

automatically disconnecting the battery 

from its charging source in the event of 

battery failure. 

8. Any rechargeable lithium-ion 

batteries and battery systems, the 

function of which are required for safe 

operation of the airplane, must 

incorporate a monitoring and warning 

feature that will provide an indication 

to the appropriate flight crewmembers 

whenever the state-of-charge of the 

batteries has fallen below levels 

considered acceptable for dispatch of 

the airplane. 

9. The Instructions for Continued 

Airworthiness required by § 25.1529 

must contain maintenance requirements 

to assure that the lithium-ion batteries 

are sufficiently charged at appropriate 

intervals specified by the battery 

manufacturer and the equipment 

manufacturer of the rechargeable 

lithium-ion battery or rechargeable 

lithium-ion battery system. This is 

required to ensure that rechargeable 

lithium-ion batteries and battery 

systems will not degrade below 

specified ampere-hour levels sufficient 

to power the aircraft system, for 

intended applications. The Instructions 

for Continued Airworthiness must also 

contain procedures for the maintenance 

of batteries in spares storage to prevent 

the replacement of batteries with 

batteries that have experienced 

degraded charge-retention ability or 

other damage due to prolonged storage 

at a low state of charge. Replacement 

batteries must be of the same 

manufacturer and part number as 

approved by the FAA. Precautions 

should be included in the Instructions 

for Continued Airworthiness 

maintenance instructions to prevent 

mishandling of the rechargeable 

lithium-ion batteries and battery 

systems, which could result in shortcircuit or other unintentional impact 

damage caused by dropping or other 

destructive means. 

Note 1: The term ‘‘sufficiently charged’’’ 

means that the battery will retain enough of 

a charge, expressed in ampere-hours, to 

ensure that the battery cells will not be 

damaged. A battery cell may be damaged by 

lowering the charge below a point where the 

battery experiences a reduction in the ability 

to charge and retain a full charge. This 

reduction would be greater than the 

reduction that may result from normal 

operational degradation. 

Note 2: These special conditions are not 

intended to replace § 25.1353(b) at 


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49426 Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations 

Amendment 25–123 in the certification basis 

for Airbus Model A350–900 airplanes. These 

special conditions apply only to rechargeable 

lithium-ion batteries and battery systems and 

their installations. The requirements of 

§ 25.1353(b) at Amendment 25–123 remain in 

effect for batteries and battery installations 

on Airbus Model A350–900 airplanes that do 

not use rechargeable lithium-ion batteries. 

Issued in Renton, Washington, on July 30, 

2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–19821 Filed 8–20–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–0901; Special 

Conditions No. 25–536–SC] 

Special Conditions: Airbus Model 

A350–900 Airplanes; Flight-Envelope 

Protection: High-Speed Limiting 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for Airbus Model A350–900 

series airplanes. These airplanes will 

have a novel or unusual design feature 

associated with high speed limiting. 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: Effective date: September 22, 

2014. 

FOR FURTHER INFORMATION CONTACT: Joe 

Jacobsen, FAA, Airplane and Flightcrew 

Interface Branch, ANM–111, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–2011; facsimile 

(425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

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 Model A350– 

900 airplane configuration 

accommodates 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 longitudinal-control law design 

of the Airbus Model A350–900 airplane 

incorporates an overspeed protection 

system in the normal mode, which 

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 

sections do not relate to a high-speedlimiting protection system that might 

preclude or modify flying-qualities 

assessments in the overspeed region. 

However, the requirements of § 25.253 

(high-speed characteristics) and its 

related policy are applicable to the 

Model A350–900 airplane and are not 

affected by this special condition. 

Type Certification Basis 

Under 14 CFR 21.17, Airbus must 

show that the Model A350–900 airplane 

meets the applicable provisions of 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. 

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 

conditions, the Model A350–900 

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 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 Model A350–900 airplane 

incorporates the following novel or 

unusual design features: an overspeed 

protection system that prevents the pilot 

from inadvertently or intentionally 

exceeding a speed approximately 

equivalent to VFC, or attaining VDF. 

At VMO + 10 knots or MMO + 0.02 

knots, an automatic nose-up pitch is 

applied with phase advance in the event 

of high acceleration. The speed 

stabilizes at VD-10kts/MD-0.02 if the 

stick is full forward, or the speed will 

return below VMO/MMO if the stick is 

released. 

Discussion 

This special condition establishes 

requirements to ensure that operation of 

the high-speed-limiting protection 

system does not impede normal 

attainment of speeds up to the 

overspeed warning. Its main features 

are: 

1. It protects the airplane against highspeed/high Mach-number flight 

conditions beyond VMO/MMO. 

2. It does not interfere with flight at 

VMO/MMO, even in turbulent air. 

3. It still provides load-factor 

limitation through the ‘‘pitch limiting’’ 

function described below. 

4. It restores positive static stability 

beyond VMO/MMO. 

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. 25–13–23–SC for the Airbus Model 

A350–900 airplane was published in the 

Federal Register on January 8, 2014 (79 

FR 1336). An anonymous comment was 

received January 16, 2014. The 

commenter was concerned about highlevel windshears, and the potential 

violation of Reduced Vertical Separation 

Minimums (RVSM) airspace restrictions 

that might accompany a nose-up input 

of a high-speed protection system. In 

addition, the commenter was concerned 

about system failures or malfunctions 

leading to unintended control 

consequences and the pilot’s ability to 

appropriately counteract those control 

anomalies. 

The FAA would like to clarify that 

this special condition only addresses 

one aspect of high-speed limiting 

designs. Many other regulations, such as 

14 CFR 25.1301 and 25.1309, address 

the proper intended function and failure 

scenarios of such a system. Therefore, 


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