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[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Pages 51093-51095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18445]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-4116; Special Conditions No. 25-627-SC]

Special Conditions: FedEx Express Corporation, Boeing Model 767-
300F; Enhanced Flight Vision System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Boeing Model 767-
300F airplane. This airplane, as modified by the FedEx Express 
Corporation (FedEx), will have a novel or unusual design feature 
associated with an advanced, enhanced flight vision system (EFVS). The 
EFVS consists of a head-up display (HUD) system modified to display 
forward-looking infrared (FLIR) imagery. 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 FedEx on August 3, 2016. We must 
receive your comments by September 19, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-4116 
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 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: Dale Dunford, FAA, Transport Standards 
Staff, ANM-111, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 
425-227-2239; fax 425-227-1320; email dale.dunford@faa.gov.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions are 
impracticable because 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 on or before the closing 
date for comments. We may change these special conditions based on the 
comments we receive.

Background

    On November 30, 2012, FedEx applied for a supplemental type 
certificate for the installation and operation of a HUD and an EFVS in 
the Boeing Model 767-300F airplane. The original type certificate for 
the 767-300F airplanes is A1NM. The Boeing Model 767-300F is a 
transport-category, cargo-carrying airplane that operates with a crew 
of two.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, FedEx must show that the 
Boeing Model 767-300F airplane, as changed, continues to meet the 
applicable provisions of the regulations listed in type certificate no. 
A1NM, or the applicable regulations in effect on the date of 
application for the change, except for earlier amendments as agreed 
upon by the FAA. The regulations listed in the type certificate are 
commonly referred to as the ``original type certification basis.'' The 
regulations are listed in Type Certificate Data Sheet No. A1NM, which 
covers all variants of Boeing Model 767 airplanes. In addition, the 
certification basis includes certain special conditions and exemptions 
that are not relevant to these special conditions.
    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 Boeing Model 767-300F 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 applicant apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate to incorporate the same novel or unusual design feature, 
these 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 767-300F 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.
    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.  21.101.

Novel or Unusual Design Features

    The Boeing Model 767-300F airplane will incorporate the following 
novel or unusual design feature: An EFVS that projects a video image 
derived from a FLIR camera through the HUD. The EFVS image is projected 
in the center of

[[Page 51094]]

the ``pilot compartment view,'' which is governed by Sec.  25.773. The 
image is displayed with HUD symbology and overlays the forward outside 
view. Therefore, Sec.  25.773 does not contain appropriate safety 
standards for the EFVS display.

Discussion

    Video display on the HUD constitutes new and unusual technology for 
which the FAA has no certification criteria. Section 25.773 does not 
permit visual distortions and reflections in the pilot's view out the 
airplane windshield that could interfere with the pilot's normal 
duties, and was not written in anticipation of such technology. Special 
conditions are therefore issued as prescribed under the provisions of 
Sec.  21.16.
    For many years, the FAA has approved, on transport-category 
airplanes, the use of HUD that display flight symbols without a 
significant visual obstruction of the outside view. When the FAA began 
to evaluate the display of enhanced vision-system (EVS) imagery on the 
HUD, significant potential to obscure the outside view became apparent, 
contrary to the requirements of 14 CFR 25.773. This rule does not 
permit distortions and reflections in the pilot-compartment view, 
through the airplane windshield, that interfere with normal duties, and 
the rule was not written in anticipation of such technology. The video 
image potentially interferes with the pilot's ability to see the 
natural scene in the center of the forward field of view. Therefore, 
the FAA issued special conditions for such HUD/EVS installations to 
ensure that the level of safety required by Sec.  25.773 would be met 
even when the image might partially obscure the outside view. EVS video 
has the potential for causing interference with the outside view 
through the airplane windshield.
    Although the pilot may be able to see around and through small, 
individual, stroke-written symbols on the HUD, the pilot may not be 
able to see around or through the image that fills the display without 
some interference of the outside view. Nevertheless, the EVS video may 
be capable of meeting the required level of safety when considering the 
combined view of the image and the outside scene visible to the pilot 
through the image. It is essential that the pilot can use this 
combination of image and natural view of the outside scene as safely 
and effectively as the pilot-compartment view currently available 
without the vision-system image.
    Because Sec.  25.773 does not provide for any alternatives or 
considerations for such a new and novel system, the FAA establishes 
safety requirements that assure an equivalent level of safety and 
effectiveness of the pilot-compartment view as intended by that rule. 
The purpose of these special conditions is to provide the unique pilot-
compartment-view requirements for the EFVS installation.
    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 
Boeing Model 767-300F airplane. Should FedEx apply at a later date for 
a supplemental type certificate to modify any other model included on 
type certificate no. A1NM to incorporate 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 Boeing 767-300F airplanes. It is not a rule of general applicability 
and it affects only the applicant who applied to the FAA for approval 
of these features on the airplane.
    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, because a delay would 
significantly affect the certification of the airplane, which is 
imminent, the FAA has determined that prior public notice and comment 
are unnecessary and impracticable, and good cause exists for adopting 
these special conditions upon issuance. 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 Boeing Model 767-300F airplanes 
modified by FedEx.
    1. Enhanced flight vision system (EFVS) imagery on the head-up 
display (HUD) must not degrade the safety of flight or interfere with 
the effective use of outside visual references for required pilot tasks 
during any phase of flight in which it is to be used.
    2. To avoid unacceptable interference with the safe and effective 
use of the pilot compartment view, the EFVS device must meet the 
following requirements:
    a. The EFVS design must minimize unacceptable display 
characteristics or artifacts (e.g., noise, ``burlap'' overlay, running 
water droplets) that obscure the desired image of the scene, impair the 
pilot's ability to detect and identify visual references, mask flight 
hazards, distract the pilot, or otherwise degrade task performance or 
safety.
    b. Automatic control of EFVS display brightness must be 
sufficiently effective, in dynamically changing background (ambient) 
lighting conditions, to prevent full or partial blooming of the display 
that would distract the pilot, impair the pilot's ability to detect and 
identify visual references, mask flight hazards, or otherwise degrade 
task performance or safety. If automatic control for image brightness 
is not provided, it must be shown that a single manual setting is 
satisfactory for the range of lighting conditions encountered during a 
time-critical, high-workload phase of flight (e.g., low visibility 
instrument approach).
    c. A readily accessible control must be provided that permits the 
pilot to immediately deactivate and reactivate display of the EFVS 
image on demand without removing the pilot's hands from the primary 
flight controls (yoke or equivalent) or thrust control.
    d. The EFVS image on the HUD must not impair the pilot's use of 
guidance information, or degrade the presentation and pilot awareness 
of essential flight information displayed on the HUD, such as alerts, 
airspeed, attitude, altitude and direction, approach guidance, 
windshear guidance, traffic alert and collision avoidance system (TCAS) 
resolution advisories, or unusual attitude recovery cues.
    e. The EFVS image and the HUD symbols, which are spatially 
referenced to the pitch scale, outside view, and image, must be scaled 
and aligned (i.e., conformal) to the external scene. In addition, the 
EFVS image and the HUD symbols, when considered singly or in 
combination, must not be misleading, cause pilot confusion or increase

[[Page 51095]]

workload. Airplane attitudes or crosswind conditions may cause certain 
symbols (e.g., the zero-pitch line or flight path vector) to reach 
field-of-view limits such that they cannot be positioned conformally 
with the image and external scene. In such cases, these symbols may be 
displayed but with an altered appearance, which makes the pilot aware 
that they are no longer displayed conformally (for example, 
``ghosting'').
    f. A HUD system used to display EFVS images must, if previously 
certified, continue to meet all of the requirements of the original 
approval.
    3. The safety and performance of the pilot tasks associated with 
the use of the pilot compartment view must not be degraded by the 
display of the EFVS image. Pilot tasks that must not be degraded by the 
EFVS image include:
    a. Detection, accurate identification, and maneuvering, as 
necessary, to avoid traffic, terrain, obstacles, and other hazards of 
flight.
    b. Accurate identification and utilization of visual references 
required for every task relevant to the phase of flight.
    4. Use of EFVS for instrument approach operations must be in 
accordance with the provisions of Sec.  91.175(l) and (m), and Sec.  
121.651, where applicable. Appropriate limitations must be stated in 
the operating limitations section of the airplane flight manual to 
prohibit the use of the EFVS for functions that have not been found to 
be acceptable.

    Issued in Renton, Washington, on July 27, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-18445 Filed 8-2-16; 8:45 am]
 BILLING CODE 4910-13-P
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