Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations 64029 

dispatched in a known system failure 

condition that affects structural 

performance, or affects the reliability of 

the remaining system to maintain 

structural performance, then the 

provisions of these special conditions 

must be met, including the provisions of 

paragraph 2(a) for the dispatched 

condition, and paragraph 2(b) for 

subsequent failures. Expected 

operational limitations may be taken 

into account in establishing Pj as the 

probability of failure occurrence for 

determining the safety margin in Figure 

1. Flight limitations and expected 

operational limitations may be taken 

into account in establishing Qj as the 

combined probability of being in the 

dispatched failure condition and the 

subsequent failure condition for the 

safety margins in Figures 2 and 3. These 

limitations must be such that the 

probability of being in this combined 

failure state and then subsequently 

encountering limit load conditions is 

extremely improbable. No reduction in 

these safety margins is allowed if the 

subsequent system failure rate is greater 

than 10¥3 per hour. 

Issued in Renton, Washington, on October 

11, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–25604 Filed 10–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–1119; Special 

Conditions No. 25–470–SC] 

Special Conditions: Airbus Model 

A318, A319, A320, and A321 Series 

Airplanes; Design Dive Speed 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Airbus Model A318, 

A319, and A320 series airplanes with 

modification 160500 and Model A321 

series airplanes with modification 

160023 (Sharklet). These airplanes will 

have novel or unusual design features 

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 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 October 11, 2012. 

We must receive your comments by 

December 3, 2012. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–1119 

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/Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone 425–227–1178; facsimile 

425–227–1232. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions are 

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 issuance. 

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 April 8, 2010, Airbus applied for 

a change to Type Certificate No. A28NM 

to include modification 160500 on 

Airbus Model A318, A319, and A320 

series airplanes and modification 

160023 on Model A321 series airplanes 

for the installation of a ‘‘Sharklet,’’ a 

large wingtip device. The Model A318, 

A319, A320, and A321 series airplanes 

are short to medium-range, twin 

turbofan, transport category airplanes 

with a maximum seating capacity of 136 

to 220 passengers, a maximum takeoff 

weight of 130,071 to 205,027 pounds, 

and a maximum operating altitude of 

39,800 feet. 

FAA issued special conditions 25– 

ANM–23, effective December 15, 1988, 

originally applicable to Airbus Model 

A320 series airplanes and later to the 

Model A318, A319, and A321 series 

airplanes. Those special conditions 

included revised requirements for dive 

speed based on incorporation of highspeed protection in the fight control 

laws. The FAA has determined that new 

special conditions are needed for the 

Airbus Model A318, A319, and A320 

series airplanes with modification 

160500 and Model A321 series airplanes 

with modification 160023 (Sharklet) and 

later derivatives because the existing 

special conditions have evolved over 

the years and need to be updated for 

this derivative program. 

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64030 Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulation (14 CFR) 21.101, 

Airbus must show that the Model A318, 

A319, A320, and A321 series airplanes, 

as changed, continue to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate No. A28NM or the applicable 

regulations in effect on the date of 

application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in Type 

Certificate No. A28NM are 14 CFR part 

25, as amended by Amendments 25–1 

through 25–56, and special conditions 

25–ANM–23. In addition, the 

certification basis includes certain 

special conditions, exemptions, or later 

amended sections of the applicable part 

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 Model A318, A319, A320, and 

A321 series airplanes 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 novel or unusual 

design feature, or should any other 

model already included on the same 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, the special conditions 

would also apply to the other model. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model A318, A319, 

A320, and A321 series airplanes 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 § 11.38, and they become part of 

the type-certification basis under 

§ 21.101. 

Novel or Unusual Design Features 

The Airbus Model A318, A319, and 

A320 series airplanes with modification 

160500 and Model A321 series airplanes 

with modification 160023 (Sharklet) 

will incorporate the following novel or 

unusual design feature: A high-speed 

protection system that limits nose-down 

pilot authority at speeds above VC/MC. 

This system prevents the airplane from 

performing the maneuver required 

under § 25.335(b)(1). 

Discussion 

Section 25.335(b)(1) is an analytical 

envelope 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 

ones. To establish that potential 

overspeed conditions are enveloped, the 

applicant should demonstrate that any 

reduced speed margin, based on the 

high-speed protection system in the 

Model A318, A319, and A320 series 

airplanes with modification 160500 and 

Model A321 series airplanes with 

modification 160023 (Sharklet), will not 

be exceeded in inadvertent, or gustinduced, upsets resulting in initiation of 

the dive from non-symmetric 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 below. 

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 

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 A318, A319, and 

A320 series airplanes with modification 

160500 and Model A321 series airplanes 

with modification 160023 (Sharklet). 

The proposed special conditions 

identify various symmetric and nonsymmetric maneuvers that will ensure 

that an appropriate design dive speed, 

VD/MD, is established. 

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 A318, A319, A320 series 

airplanes with modification 160500 and 

Model A321 series airplanes with 

modification 160023 (Sharklet). 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 model 

series of airplanes listed above. It is not 

a rule of general applicability. 

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 Airbus Model 

A318, A319, and A320 series airplanes 

with modification 160500 and Model 

A321 with modification 160023 

(Sharklet) series airplanes. 

1. Design Dive Speed. In lieu of 

compliance with § 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 conditions 

(a) and (b) below. The speed increase 

occurring in these maneuvers may be 

calculated if reliable or conservative 

aerodynamic data are used. 

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Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations 64031 

(a) From an initial condition of 

stabilized flight at VC/MC, the airplane 

is upset so as to take up 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 1.5 g (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 the use of 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 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 gust-induced 

upsets resulting in initiation of the dive 

from non-symmetric attitudes, unless 

the airplane is protected by the flight 

control laws from getting into nonsymmetric upset conditions. The upset 

maneuvers described in AC 25–7B, 

Change 1, section 32, paragraphs c(3)(a) 

and (c) may be used to comply with this 

requirement. 

3. Detected loss of the high-speed 

protection function must be less than 

10¥3 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. 

The new operating speeds, Vmax/Mmax, 

must be reduced to a value that 

maintains a speed margin between these 

speeds 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 

inoperative could be allowed under an 

approved minimum equipment list that 

would require flight manual 

instructions to indicate reduced 

maximum operating speeds, as 

described in paragraph (4). In addition, 

the cockpit 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 October 

11, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–25605 Filed 10–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 10, 24, 162, 163, and 178 

[USCBP–2011–0043; CBP Dec. 12–18] 

RIN 1515–AD79 

United States-Peru Trade Promotion 

Agreement 

AGENCIES: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document adopts as a 

final rule, with one change, interim 

amendments to the U.S. Customs and 

Border Protection (CBP) regulations 

which were published in the Federal 

Register on November 3, 2011, as CBP 

Dec. 11–22, to implement the 

preferential tariff treatment and other 

customs-related provisions of the 

United States-Peru Trade Promotion 

Agreement. 

DATES: Final rule effective November 19, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Textile Operational Aspects: Nancy 

Mondich, Trade Policy and Programs, 

Office of International Trade, (202) 863– 

6524. 

Other Operational Aspects: Katrina 

Chang, Trade Policy and Programs, 

Office of International Trade, (202) 863– 

6532. 

Legal Aspects: Karen Greene, 

Regulations and Rulings, Office of 

International Trade, (202) 325–0041. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 3, 2011, CBP published 

CBP Dec. 11–22 in the Federal Register 

(76 FR 68067) setting forth interim 

amendments to implement the 

preferential tariff treatment and other 

customs-related provisions of the 

United States-Peru Trade Promotion 

Agreement (PTPA). Please refer to that 

document for further background 

information. In order to provide 

transparency and facilitate their use, the 

majority of the PTPA implementing 

regulations set forth in that interim rule 

and adopted as final in this document 

have been included within Subpart Q in 

Part 10 of the CBP regulations (19 CFR 

Part 10). However, in those cases in 

which PTPA implementation is more 

appropriate in the context of an existing 

regulatory provision, the PTPA 

regulatory text has been incorporated in 

an existing Part within the CBP 

regulations. CBP Dec. 11–22 also set 

forth a number of cross-references and 

other consequential changes to existing 

regulatory provisions to clarify the 

relationship between those existing 

provisions and the new PTPA 

implementing regulations. 

Although the interim regulatory 

amendments were promulgated without 

prior public notice and comment 

procedures and took effect on November 

3, 2011, CBP Dec. 11–22 provided for 

the submission of public comments 

which would be considered before 

adoption of the interim regulations as a 

final rule, and the prescribed public 

comment closed on January 3, 2012. 

CBP received no comments. 

Conclusion 

After further review of the matter, and 

in light of the fact that no comments 

were submitted in response to CBP’s 

solicitation of public comment, CBP has 

determined to adopt as final, with a 

technical correction, the interim rule 

published in the Federal Register (76 

FR 68067) on November 3, 2011. The 

technical correction is made to 

§ 10.918(c)(1)(ii) to reflect amendments 

to additional U.S. Note 4(d) to 

subchapter XXI of chapter 98 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS) effected by 

Presidential Proclamation 8240 of April 

17, 2008, whereby the tariff numbers of 

subheading ‘‘5402.19.30,’’ and 

subheading ‘‘5402.19.60’’ were added. 

As CBP Dec. 11–22 inadvertently 

omitted inclusion of these two tariff 

numbers within 19 CFR 10.918(c)(1)(ii), 

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