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contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

26643 

Vol. 75, No. 91 

Wednesday, May 12, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM427; Special Conditions No. 

25–405–SC] 

Special Conditions: Rockwell Collins, 

Inc., Boeing Model 737–700/–700C/– 

800/–900 and –900ER Series Airplanes 

Equipped With Rockwell HGS–4000 

Head-Up Guidance System With 

Enhanced Vision System Functionality 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Boeing Model 737–700/– 

700C/–800/–900 and –900ER series 

airplanes equipped with the Rockwell 

HGS–4000 Head-Up Guidance System. 

These airplanes, as modified by 

Rockwell Collins, Inc., will have a novel 

or unusual design feature associated 

with the Enhanced Vision System (EVS) 

functionality, to be added by 

Supplemental Type Certificate (STC). 

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 May 6, 2010. We 

must receive your comments by June 1, 

2010. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM427, 1601 Lind 

Avenue, SW., Renton, Washington, 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM427. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: Dale 

Dunford, FAA, Aircraft and Flight Crew 

Interface Branch, ANM–111, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington, 98055–4056; 

telephone (425) 227–2239; facsimile 

(425) 227–1320; e-mail 

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 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 ask that you send 

us two copies of written comments. 

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 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 September 22, 2008, Rockwell 

Collins applied to the FAA for approval 

of the installation of an EVS on the 

Boeing Model 737–700/–700C/–800/– 

900 and –900ER series aircraft with a 

Rockwell Collins Model HGS 4000 

head-up display (HUD) that is able to 

display forward-looking infrared (FLIR) 

imagery. 

On January 9, 2004, the FAA 

published revisions to operational rules 

in 14 CFR parts 1, 91, 121, 125 and 135 

to allow aircraft to operate below certain 

altitudes during a straight-in instrument 

approach while using an Enhanced 

Flight Visibility System (EFVS) to meet 

certain visibility requirements. However 

the applicant does not seek approval of 

this EVS as an EFVS. 

Note: The term ‘‘enhanced vision system’’ 

(EVS) in this document refers to a system 

comprised of a head-up display, imaging 

sensor(s), and avionics interfaces that display 

the sensor imagery on the HUD, and overlay 

that imagery with alpha-numeric and 

symbolic flight information. However, the 

term has also been commonly used in 

reference to systems that displayed the 

sensor imagery, with or without other flight 

information, on a head-down display. For 

clarity, the FAA created the term ‘‘enhanced 

flight visibility system’’ (EFVS) to refer to 

certain EVS systems that meet the 

requirements of the new operational rules— 

in particular, the requirement for a HUD and 

specified flight information—and which can 

be used to determine ‘‘enhanced flight 

visibility.’’ An EFVS can be considered a 

subset of a system otherwise labeled EVS. 

The EVS uses new and novel 

technology for which the FAA has no 

certification criteria. Title 14 Code of 

Federal Regulations (14 CFR) 25.773 

does not permit visual distortions and 

reflections that could interfere with the 

pilot’s normal duties, and was not 

written in anticipation of such 

technology. Because § 25.773 does not 

provide for alternatives or 

considerations for such a new and novel 

system, it is necessary to establish safety 

requirements that assure an equivalent 

level of safety and effectiveness of the 

pilot compartment view as intended by 

this rule. Other applications for 

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26644 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Rules and Regulations 

certification of such technology are 

anticipated in the near future and 

magnify the need to establish FAA 

safety standards that can be applied 

consistently for all such approvals. 

Special conditions are therefore 

prescribed under the provisions of 

§ 21.16. 

Compliance with this special 

condition is required for the EVS to be 

found acceptable to provide 

supplemental situational-awareness 

information particularly for the 

following intended functions: 

• Verification of aircraft position 

during takeoff roll, approach, landing, 

and rollout; 

• Verification of aircraft attitude 

during takeoff climb, enroute cruise, 

descent, approach, and landing; 

• Terrain and obstacle awareness and 

avoidance during takeoff, climb, enroute 

cruise, descent, approach, landing, and 

rollout. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Rockwell Collins, Inc., must 

show that the Boeing Model 737–700/– 

700C/–800/–900 and –900ER series 

airplanes meet the applicable provisions 

of the regulations incorporated by 

reference in Type Certificate No. 

A16WE, 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. 

A16WE are as follows: 

Title 14 CFR part 25, as amended by 

Amendment 25–1 through Amendment 

25–77, for Boeing Model 737–700, and 

–800 series airplanes, with the 

exceptions listed on the type certificate; 

part 25, as amended by Amendment 25– 

1 through Amendment 25–91, for 

Boeing Model 737–700C and –900 series 

airplanes, with the exceptions listed on 

the type certificate; and part 25, as 

amended by Amendment 25–1 through 

Amendment 25–108, for the Boeing 

model 737–900ER series airplanes, with 

the exceptions listed on the type 

certificate. 

In addition, the certification basis 

includes certain special conditions, 

exemptions, or later amended sections 

of the applicable parts that are not 

relevant to these special conditions. 

If the regulations incorporated by 

reference do not contain adequate or 

appropriate safety standards for the 

Boeing Model 737–700/–700C/–800/– 

900 and –900 ER series airplanes 

because of a novel or unusual design 

feature, special conditions are 

prescribed under § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Boeing Model 737–700/ 

–700C/–800/–900 and –900 ER series 

airplanes must comply with the fuelvent and exhaust-emission requirements 

of 14 CFR part 34, and the noisecertification requirements of 14 CFR 

part 36. 

Novel or Unusual Design Features 

The Rockwell Collins, Inc., STC to 

add EVS capability to the HGS–4000 

Head-Up Guidance System uses new 

and novel technology that displays 

video raster imagery in the field of view 

regulated by § 25.773. This rule does not 

permit distortions and reflections in the 

pilot compartment view that can 

interfere with normal duties, and 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. 

Unlike the pilot’s natural forward 

vision, the EVS image is infrared-based, 

monochrome, two-dimensional (i.e. no 

depth perception), and of lower 

resolution. While the pilot may be 

readily 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 may be capable of 

meeting an equivalent level of safety 

when considering the combined view of 

the image and the outside scene which 

is 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 

EVS image. 

Discussion 

Since § 25.773 does not expressly 

provide for alternatives or 

considerations for such a new and novel 

system, it is necessary to establish safety 

requirements that assure an equivalent 

level of safety and effectiveness of the 

pilot compartment view as intended by 

that rule. The purpose of this special 

condition is to provide the unique pilot 

compartment view requirements for the 

EVS installation. 

Applicability 

As discussed above, these special 

conditions are applicable to the Boeing 

Model 737–700/–700C/–800/–900 and 

–900ER series airplanes. Should 

Rockwell Collins, Inc., apply at a later 

date for a STC to modify any other 

model included on Type Certificate No. 

A16WE 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 one model 

series of 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. 

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, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type-certification basis for Boeing 

Model 737–700/–700C/–800/–900 and 

–900ER series airplanes equipped with 

Rockwell HGS–400 Head-Up Guidance 

Systems modified by Rockwell Collins 

to add EVS functionality: 

■ 1. EVS imagery on the 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. Use of the EVS during 

approach operations, though not 

intended for use as an Enhanced Flight 

Visibility System (EFVS), according to 

14 CFR 91.175 (l), must not degrade the 

pilot’s outside view of visual references, 

the forward visibility, nor the pilot’s 

ability to assess the aircraft position for 

a safe landing. EVS imagery of the 

apparent airport and runway 

environment must not be misleading, 

create pilot confusion, nor increase pilot 

workload. 

■ 2. To avoid unacceptable interference 

with the safe and effective use of the 

pilot compartment view, the EVS device 

must meet the following requirements: 

■ a. EVS 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. Control of EVS display brightness 

must be sufficiently effective, in 

dynamically changing background 

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Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Rules and Regulations 26645 

1This 1996 final rule entitled ‘‘Operating 

Requirements: Domestic, Flag, Supplemental, 

Commuter, and On-Demand Operations: 

Corrections and Editorial Changes’’ was adopted to 

make corrections and editorial changes to the 

‘‘Commuter Operations and General Certification 

and Operations Requirements’’ final rule (60 FR 

65832; December 20, 1995). 

(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 timecritical, 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 EVS image on demand 

without removing the pilot’s hands from 

the primary flight controls (yoke or 

equivalent) or thrust control. 

■ d. The EVS 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, wind 

shear guidance, Traffic Alert and 

Collision Avoidance System (TCAS) 

resolution advisories, and unusualattitude recovery cues. 

■ e. The EVS 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 and, 

when considered singly or in 

combination, must not be misleading, 

cause pilot confusion, or increase 

workload. Airplane attitudes or crosswind conditions may cause certain 

symbols, such as the zero-pitch line or 

flight path vector, to reach field-of-view 

limits such that they cannot be 

positioned conformably 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 conformably (for example, 

‘‘ghosting’’). 

■ f. A HUD system used to display EVS 

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 be not be 

degraded by the display of the EVS 

image. Pilot tasks which must not be 

degraded by the EVS 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. Appropriate limitations must be 

stated in the Operating Limitations 

section of the airplane flight manual. 

The airplane flight manual must 

prohibit the use of the EVS for functions 

that have not been found to be 

acceptable. 

Issued in Renton, Washington, on May 6, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–11309 Filed 5–11–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 119 

[Docket No. 28154; Amendment No. 119– 

13] 

RIN 2120–AG03 

Operating Requirements: Domestic, 

Flag, Supplemental, Commuter, and 

On-Demand Operations: Corrections 

and Editorial Changes 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Federal Aviation 

Administration (FAA) is making minor 

technical changes to a final rule 

published in the Federal Register on 

June 14, 1996. That final rule adopted 

corrections and editorial changes to 

several parts, which included an 

amendment to a section of part 119 that 

removed two subparagraphs. However, 

the FAA inadvertently did not also 

amend a separate section of part 119 to 

remove reference to the two obsolete 

subparagraphs. The FAA is issuing this 

technical amendment to correct that 

oversight. 

DATES: Effective Date: Effective on May 

12, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Alberta Brown, Flight Standards 

Service, Air Transportation Division, 

AFS–200, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–8321; e-mail: 

Alberta.Brown@faa.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Aviation Administration (FAA) 

published a final rule in the Federal 

Register on June 14, 1996 (61 FR 

30432) 1 that adopted corrections and 

editorial changes to 14 CFR parts 119, 

121, and 135. The amendment included 

one to § 119.21, which revised then 

paragraph (a) to remove (a)(3)(i) and 

(a)(3)(ii). The FAA should also have 

amended § 119.49 to remove the two 

obsolete subparagraphs referenced in 

paragraph (b)(11). The FAA is issuing 

today’s action to correct that oversight. 

This action makes the appropriate 

amendatory change to remove two 

obsolete subparagraphs in current 

§ 119.49(b)(11). With this amendatory 

change, the reference to subparagraphs 

§ 119.21(a)(3)(i) and (a)(3)(ii) will be 

removed from § 119.49(b)(11). This 

amendment will not impose any 

additional restrictions on operators 

affected by these regulations. 

Technical Amendment 

The technical amendment will 

remove the reference to § 119.21(a)(3)(i) 

and (a)(3)(ii) from § 119.49(b)(11). 

List of Subjects in 14 CFR Part 119 

Administrative practice and 

procedure, Air carriers, Aircraft, 

Aviation safety, Charter flights, 

Reporting, and recordkeeping 

requirements. 

■ Accordingly, Title 14 of the Code of 

Federal Regulations (CFR) part 119 is 

corrected by making the following 

correcting amendment: 

PART 119—CERTIFICATION: AIR 

CARRIERS AND COMMERCIAL 

OPERATORS 

■ 1. The authority citation for part 119 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 1153, 40101, 

40102, 40103, 40113, 44105, 44106, 44111, 

44701–44717, 44722, 44901, 44903, 44904, 

44906, 44912, 44914, 44936, 44938, 46103, 

46105. 

■ 2. Amend § 119.49 by revising 

paragraph (b) to read as set forth below. 

§ 119.49 Contents of operations 

specifications. 

* * * * * 

(b) Each certificate holder conducting 

supplemental operations must obtain 

operations specifications containing all 

of the following: 

(1) The specific location of the 

certificate holder’s principal base of 

operations, and, if different, the address 

that shall serve as the primary point of 

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