Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules 77611 

By the National Credit Union 

Administration Board on December 12, 2013. 

Gerard Poliquin, 

Secretary of the Board. 

For the reasons set forth above, NCUA 

proposes to amend 12 CFR part 701 as 

follows: 

PART 701—ORGANIZATION AND 

OPERATION OF FEDERAL CREDIT 

UNIONS 

■ 1. The authority citation for part 701 

continues to read as follows: 

Authority: 12 U.S.C. 1752(5), 1755, 1756, 

1757, 1758, 1759, 1761a, 1761b, 1766, 1767, 

1782, 1784, 1786, 1787, 1789. Section 701.6 

is also authorized by 15 U.S.C. 3717. Section 

701.31 is also authorized by 15 U.S.C. 1601 

et seq.; 42 U.S.C. 1981 and 3601–3610. 

Section 701.35 is also authorized by 42 

U.S.C. 4311–4312. 

■ 2. Add § 701.40 to part 701 to read as 

follows: 

§ 701.40 Examinations and communication 

requirements. 

(a) Office location. All examinations, 

on-site contacts, and other meetings 

between a federal credit union and 

NCUA, where NCUA staff are physically 

present, must be held in a federal credit 

union’s offices or at an alternative 

public location. For purposes of this 

section, a federal credit union’s offices 

do not include an office maintained in 

a home or on the premises of a 

residential address. 

(b) Alternative public location. For 

purposes of this section, an alternative 

public location means a place 

designated by NCUA staff that is open 

and available to the general public and 

that is generally accessible during 

normal business hours. Alternative 

public locations may include, but are 

not limited to, restaurants, hotel lobbies 

or meeting rooms, libraries, and 

community centers. Federal credit 

union officials meeting with NCUA staff 

at an alternative public location must 

deliver to that location all credit union 

records required by NCUA staff. For 

contacts where member information 

protected under federal privacy law or 

regulation is present or discussed, the 

meeting location must allow for 

necessary safeguards of this 

information. 

(c) Required communication services. 

All federal credit unions must maintain 

either an electronic mail address or 

telephone service, or both. The 

electronic mail address or telephone 

number must be dedicated exclusively 

for the credit union’s business purposes, 

and authorized credit union officials 

must monitor them regularly. 

■ 3. Effective [DATE 24 MONTHS 

AFTER DATE OF PUBLICATION OF 

FINAL RULE IN THE Federal Register], 

revise § 701.40 to read as follows: 

§ 701.40 FCU office location and 

requirements. 

(a) Office location. Federal credit 

unions must maintain at least one office 

in a building that is accessible to credit 

union members during the federal credit 

union’s normal business hours. Office 

space maintained in a home or on the 

premises of a residential address does 

not meet this requirement. 

(b) Records. An FCU’s records must 

be stored either at the FCU’s office 

location or another commercial location 

designed for secure records storage. 

(c) Required communication services. 

All federal credit unions must maintain 

either an electronic mail address or 

telephone service, or both. The 

electronic mail address or telephone 

number must be dedicated exclusively 

for the credit union’s business purposes, 

and authorized credit union officials 

must monitor them regularly. 

[FR Doc. 2013–30560 Filed 12–23–13; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–1001; Notice No. 25– 

13–35–SC] 

Special Conditions: Airbus, A350–900 

Series Airplane; High Speed Protection 

System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for Airbus A350–900 series 

airplanes. These airplanes 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: We must receive your comments 

by February 7, 2014. 

ADDRESSES: Send comments identified 

by docket number FAA–2013–1001 

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, ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–1178; facsimile 

(425) 227–1322. 

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 ask that you send 

us two copies of written comments. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
77612 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You can inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4:00 p.m., Monday through Friday, 

except Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to acknowledge receipt 

of your comments on this proposal, 

include with your comments a selfaddressed, stamped postcard on which 

you have written the docket number. 

We will stamp the date on the postcard 

and mail it back to you. 

Background 

On August 25, 2008, Airbus applied 

for a type certificate for their new A350– 

900 series airplane. Later, Airbus 

requested and the FAA approved an 

extension to the application for FAA 

type certification to June 28, 2009. The 

A350–900 series has a conventional 

layout with twin wing-mounted Rolls 

Royce Trent 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 A350– 

900 series configuration accommodates 

315 passengers in a standard two-class 

arrangement. The design cruise speed is 

Mach 0.89 with a Maximum Take-Off 

Weight of 591,000 lbs. Airbus proposes 

the A350–900 series to be certified for 

extended operations (ETOPS) beyond 

180 minutes at entry into service for up 

to a 420 minute maximum diversion 

time. 

The A350–900, like Airbus A320, 

A330, A340 and A380 series aircraft, 

has a high speed protection system that 

limits nose down pilot authority at 

speeds above VC/MC, and prevents the 

airplane from actually performing the 

maneuver required under § 25.335(b)(1). 

Special conditions are necessary to 

address the Airbus A350–900 series 

high speed protection system. The 

proposed special conditions identify 

various symmetric and non-symmetric 

maneuvers that will ensure that an 

appropriate design dive speed, VD/MD, 

is established. 

Type Certification Basis 

Under Title 14, Code of Federal 

Regulations (14 CFR) 21.17, Airbus must 

show that the A350–900 series 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 A350–900 series 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 

conditions, the A350–900 series 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 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 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 A350–900 series will 

incorporate the following novel or 

unusual design features: 

A high speed protection system that 

limits nose down pilot authority at 

speeds above VC/MC, and prevents the 

airplane from actually performing the 

maneuver required under § 25.335(b)(1). 

The proposed special conditions 

identify various symmetric and nonsymmetric maneuvers that will ensure 

that an appropriate design dive speed, 

VD/MD, is established. 

Discussion 

Section 25.335(b)(1) is an analytical 

envelope condition which 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 A350–900 

series, will not be exceeded in 

inadvertent, or gust induced, 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 nonsymmetric upset conditions. The 

proposed special conditions identify 

various symmetric and non-symmetric 

maneuvers that will ensure than an 

appropriate design dive speed, VD/MD, 

is established. 

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)). The 

applicant should conduct a 

demonstration that includes a 

comprehensive set of conditions, as 

described below. 

Paragraph (2) of the proposed special 

condition references AC 25–7C, section 

32.c.(3), included here for information. 

‘‘(3) Gust Upset. In the following three 

upset tests, the values of displacement 

should be appropriate to the airplane 

type and should depend upon airplane 

stability and inertia characteristics. The 

lower and upper limits should be used 

for airplanes with low and high 

maneuverability, respectively. 

(a) With the airplane trimmed in 

wings-level flight, simulate a transient 

gust by rapidly rolling to the maximum 

bank angle appropriate for the airplane, 

but not less than 45 degrees nor more 

than 60 degrees. The rudder and 

longitudinal control should be held 

fixed during the time that the required 

bank is being attained. The rolling 

velocity should be arrested at this bank 

angle. Following this, the controls 

should be abandoned for a minimum of 

3 seconds after VMO/MMO or 10 seconds, 

whichever occurs first. 

(b) Perform a longitudinal upset from 

normal cruise. Airplane trim is 

determined at VMO/MMO using power/

thrust required for level flight but with 

not more than maximum continuous 

power/thrust. (If VMO/MMO cannot be 

reached in level flight with maximum 

continuous power or thrust, then the 

airplane should be trimmed at VMO/

MMO in a descent.) This is followed by 

a decrease in speed, after which a pitch 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules 77613 

attitude of 6–12 degrees nose down, as 

appropriate for the airplane type, is 

attained using the same power/thrust 

and trim. The airplane is permitted to 

accelerate until 3 seconds after VMO/

MMO. The force limits of § 25.143(d) for 

short term application apply. 

(c) Perform a two-axis upset, 

consisting of combined longitudinal and 

lateral upsets. Perform the longitudinal 

upset, as in paragraph (b) above, and 

when the pitch attitude is set, but before 

reaching VMO/MMO, roll the airplane 15– 

25 degrees. The established attitude 

should be maintained until 3 seconds 

after VMO/MMO.’’ 

Paragraphs (3) and (4) of the proposed 

special condition indicate that failures 

of the high speed protection system 

must be improbable and must be 

annunciated to the pilots. If these two 

criteria are not met, then the probability 

that the established dive speed will be 

exceeded, and the resulting risk to the 

airplane, is too great. On the other hand, 

if the high speed protection system is 

known to be inoperative, then dispatch 

of the airplane could be acceptable 

under an approved Minimum 

Equipment List (MEL) containing 

language similar to paragraph (5). 

Dispatch under an MEL would require 

that appropriate reduced operating 

speeds, VMO/MMO, are provided in the 

airplane flight manual, and the cockpit 

display of those reduced speeds, as well 

as the overspeed warning for exceeding 

those speeds, are equivalent to that of 

the normal airplane with the high speed 

protection system operative. 

We do not believe that application of 

the Interaction of Systems and 

Structures special condition (reference 

A350 issue paper A–3) or the European 

Aviation Safety Agency (EASA) 

Certification Specification (CS) 25.302, 

is appropriate in this case, because 

design dive speed is, in and of itself, 

part of the design criteria. Stability and 

control, flight loads, and flutter 

evaluations all depend on the design 

dive speed. Therefore, a single design 

dive speed should be established that 

will not be exceeded taking into account 

the performance of the high speed 

protection system, as well as its failure 

modes, failure indications and 

accompanying flight manual 

instructions. 

Applicability 

As discussed above, these special 

conditions apply to A350–900 series 

airplanes. Should Airbus apply at a later 

date for a change to the type certificate 

to include another series incorporating 

the same novel or unusual design 

feature, the special conditions would 

apply to that series as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the Airbus 

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 Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Airbus 

A350–900 series airplanes. 

(1) 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. 

(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 set to 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 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 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 

non-symmetric upset conditions. The 

upset maneuvers described in AC 25– 

7C, Chapter 2, Section 8, Paragraph 

32c.(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. The Operating 

Limitations Section of the Airplane 

Flight Manual must contain instructions 

that reduce the maximum operating 

speeds, Vmax/Mmax, to a value that 

maintains a speed margin between these 

speeds and VD/MD that is consistent 

with showing compliance to § 25.335(b) 

without the benefit of the high speed 

protection system. 

(5) Dispatch of the airplane with the 

high speed protection system 

inoperative is prohibited except under 

an approved Minimum Equipment List 

(MEL) that requires Airplane 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 high 

speed protection system inoperative. 

Issued in Renton, Washington, on 

November 16, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–29938 Filed 12–23–13; 8:45 am] 

BILLING CODE 4910–13–P 


sroberts on DSK5SPTVN1PROD with PROPOSALS