46958 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

Dated: August 18, 2021. 

Laura Galban, 

Federal Register Liaison, Bureau of Consumer 

Financial Protection. 

[FR Doc. 2021–17994 Filed 8–20–21; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2020–0893; Special 

Conditions No. 25–790–SC] 

Special Conditions: Pro Star Aviation 

LLC, Bombardier Model CL–600–2B16 

Airplanes; Installation of an Infrared 

Laser Countermeasure System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Bombardier Model CL– 

600–2B16 (Bombardier) airplane. This 

airplane, as modified by Pro Star 

Aviation LLC (Pro Star Aviation), will 

have a novel or unusual design feature 

when compared to the state of 

technology envisioned in the 

airworthiness standards for transport 

category airplanes. This design feature 

is a system that emits infrared laser 

energy outside the aircraft as a 

countermeasure against heat-seeking 

missiles. 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 September 22, 2021. 

FOR FURTHER INFORMATION CONTACT: Eric 

Peterson, Safety Risk Management 

Section, AIR–633, Policy and 

Innovation Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 2200 South 216th 

Street, Des Moines, Washington 98198; 

telephone and fax 206–231–3413; email 

Eric.M.Peterson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 7, 2018, Pro Star 

Aviation applied for a supplemental 

type certificate to install a ‘‘Large 

Aircraft Infrared Countermeasure 

(LAIRCM)’’ system, which directs 

infrared laser energy toward heatseeking missiles, on the Bombardier 

Model CL–600–2B16 airplane. This 

airplane, which is a derivative of the 

Bombardier Model CL–600 series 

airplanes currently approved under 

Type Certificate No. A21EA, is a twinengine business jet with seating for 20 

passengers and two crewmembers, and 

a maximum takeoff weight of 47,600 

pounds. 

Type Certification Basis 

Under the provisions of title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

Pro Star Aviation must show that the 

Bombardier Model CL–600–2B16 

airplane, as changed, continues to meet 

the applicable provisions of the 

regulations listed in Type Certificate No. 

A21EA, or the applicable regulations in 

effect on the date of application for the 

change, except for earlier amendments 

as agreed upon by the FAA. 

If the Administrator finds that the 

applicable airworthiness regulations 

(e.g., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Bombardier Model CL–600–2B16 

airplane 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 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 § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Bombardier Model CL– 

600–2B16 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 § 11.38, and they become part of 

the type certification basis under 

§ 21.101. 

Novel or Unusual Design Features 

The Bombardier Model CL–600–2B16 

airplane, as modified by Pro Star 

Aviation, will incorporate the following 

novel or unusual design feature: 

A system that emits infrared laser 

energy outside the aircraft. 

Discussion 

In recent years, in several incidents 

abroad, civilian aircraft were fired upon 

by man-portable air defense systems 

(MANPADS). This has led several 

companies to design and adapt systems 

like LAIRCM for installation on civilian 

aircraft, to protect those aircraft against 

heat-seeking missiles. Pro Star 

Aviation’s LAIRCM system directs 

infrared laser energy toward an 

incoming missile, in an effort to 

interrupt the missile’s tracking of the 

aircraft’s heat. 

Infrared laser energy can pose a 

hazard to persons on the aircraft, on the 

ground, and on other aircraft. The risk 

is heightened because infrared light is 

invisible to the human eye. Human 

exposure to infrared laser energy can 

result in eye and skin damage, and 

affect a flight crew’s ability to control 

the aircraft. Infrared laser energy can 

also affect other aircraft, whether 

airborne or on the ground, and property, 

such as fuel trucks and airport 

equipment, in a manner that adversely 

affects aviation safety. 

FAA design standards for transport 

category airplanes did not envisage that 

a design feature could project infrared 

laser energy outside the airplane. The 

FAA’s design standards are inadequate 

to address this capability. Therefore, 

this system is a novel or unusual design 

feature, and the FAA has developed 

these special conditions to establish a 

level of safety equivalent to that of the 

regulations. 

Special conditions are also warranted, 

per 14 CFR 21.16, because FAA design 

standards are inappropriate for this 

design feature. 14 CFR 25.1301 requires 

installed equipment to be of a design 

that is appropriate for its intended 

function. The FAA has no basis to 

determine whether this LAIRCM system 

will successfully perform its intended 

function of thwarting heat-seeking 

missiles. 

Ground Activation. Condition 1 

requires the design to have means to 

prevent inadvertent operation of the 

system while the airplane is on the 

ground, including during maintenance. 

These means must identify and address 

all foreseeable failure modes that may 

result in inadvertent operation. These 

modes include errors in airplane 

maintenance and operating procedures, 

such as erroneously setting the system 

to ‘‘air’’ mode while the airplane is on 

the ground. The applicant could show 

such failure modes, their risks, and how 

they will be addressed, by conducting 

safety assessments and incorporating 

prevention strategies into the design. 

In-Flight Activation. Condition 2 

requires that the system be designed so 

that in-flight operation does not result 

in damage to the airplane or to other 

aircraft, or injury to any person. To 

account for these effects, the applicant’s 

analysis should include effects from the 

system’s erroneous operation, from 

system failures, and from failures that 

may not be readily detectable prior to 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46959 

flight (i.e., latent failures). The applicant 

may address this condition through 

safety assessments and incorporation of 

prevention strategies into its design. The 

‘‘operation’’ addressed by Condition 2 

includes all operation of the system, 

whether intentional, inadvertent, or 

automatic. 

Markings, instructions, and other 

information. Conditions 3, 4, and 5 are 

intended to protect certain categories of 

persons based upon their expected 

interaction with the system. These 

conditions require the design to supply 

certain safety information to these 

persons. 

Condition 3 requires the design to 

provide pertinent laser-safety 

information to maintenance and service 

personnel at the location of the 

installation. At a minimum, such 

‘‘pertinent’’ information will include 

information about potential hazards to 

persons who are using optical 

magnification devices, such as 

magnifying glasses or binoculars. The 

warning information should be 

consistent with the laser’s classification 

in 21 CFR 1040. 

Condition 4 requires the airplane 

instructions for continued airworthiness 

to contain the appropriate warnings 

related to the laser’s classification. Like 

the warning information to be provided 

at the location of the laser system’s 

installation, the purpose of this 

condition is to ensure any person 

maintaining the system is aware of the 

hazards, including those related to the 

use of magnifying glasses or binoculars. 

Condition 5 requires the applicant to 

update the airplane operating 

limitations and information required 

under 14 CFR 25.1581. The airplane 

flight-manual supplement insert must 

describe the intended function of the 

LAIRCM system, its intended operation, 

and the phases of flight in which it may 

be used. The insert also must add a 

caution that describes the significant 

risk of injury the LAIRCM system poses 

to others while in proximity to other 

aircraft, airports, and populated areas. 

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. 

These special conditions, and the 

corresponding supplemental type 

certificate for the installation of this 

system, do not constitute approval to 

operate the system. FAA Advisory 

Circular 70–1, ‘‘Outdoor Laser 

Operations,’’ provides guidance on 

obtaining operational approval. 

Discussion of Comments 

The FAA issued Notice of Proposed 

Special Conditions No. 25–21–02–SC 

for the Bombardier Model CL–600–2B16 

airplane, as modified by Pro Star 

Aviation, which was published in the 

Federal Register on June 24, 2021 (86 

FR 33147). The FAA received one 

comment supporting the proposed 

special conditions as they apply to the 

installation of a LAIRCM system ‘‘. . . 

on the specific model of aircraft.’’ 

Applicability 

As discussed above, these special 

conditions are applicable to the 

Bombardier Model CL–600–2B16 

airplane with the Pro Star Aviation 

LAIRCM system installed. Should Pro 

Star Aviation apply at a later date for a 

supplemental type certificate to modify 

any other model included on Type 

Certificate No. A21EA to incorporate the 

same novel or unusual design feature, 

these special conditions would apply to 

that model as well. 

Conclusion 

This action affects only a certain 

novel or unusual design feature on one 

model of airplane. It is not a rule of 

general applicability and affects only 

the applicant. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

Authority Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(f), 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 the Bombardier 

Model CL–600–2B16 airplane with the 

LAIRCM system, as modified by Pro 

Star Aviation. 

1. The system must have means that 

prevent the inadvertent activation of the 

system on the ground, including during 

airplane maintenance and ground 

handling. Such means must address all 

foreseeable failure modes and operating 

and maintenance errors. 

2. The system must be designed so 

that its operation in-flight does not 

result in damage to the airplane or other 

aircraft, or injury to any person. 

Operation of the system must not be 

capable of compromising continued safe 

flight and landing of other aircraft and 

the airplane on which it is installed, 

either by direct damage, laser-reflective 

damage, or through distraction or 

incapacitation of crew. 

3. Laser-safety information for 

maintaining or servicing the airplane 

must be prominently placarded on the 

airplane or LAIRCM system at the 

location of the laser installation. 

4. Instructions for continued 

airworthiness for installation, removal, 

and maintenance of the LAIRCM system 

must contain warnings appropriate to 

the laser classification concerning the 

hazards associated with exposure to 

laser radiation. This includes 

instructions regarding potential hazards 

to personnel who are using optical 

magnification devices such as 

magnifying glasses or binoculars. 

5. The airplane flight manual 

supplement (AFMS) must describe the 

intended functions of the installed laser 

systems, to include identifying the 

intended operations and phases of 

flight. The AFMS must state: 

CAUTION: The operation of the 

installed laser system could pose 

significant risk of injury to others while 

in proximity to other aircraft, airports, 

and populated areas. 

Issued in Washington, DC, on August 17, 

2021. 

Erik Brown, 

Acting Manager, Systems Policy Branch, 

Policy and Innovation Division, Aircraft 

Certification Service. 

[FR Doc. 2021–17979 Filed 8–20–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0373; Project 

Identifier MCAI–2020–01352–R; Amendment 

39–21668; AD 2021–16–06] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.a. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2020–19– 

11 for certain Leonardo S.p.a. Model 

A119 and AW119 MKII helicopters. AD 

2020–19–11 required repetitive 

borescope inspections of the 90-degree 

tail rotor gearbox (TGB) and depending 

on the inspection results, removing the 

TGB from service. This AD was 

prompted by the determination that 

additional parts may be susceptible to 

the unsafe condition. This AD retains 


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