Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations 63901

(i) Correspondence and Records,

Office of the Secretary, NRC–31

(Exemption (k)(1));

(j) Special Inquiry File, NRC–33

(Exemptions (k)(1), (k)(2), and (k)(5));

(k) Drug Testing Program Records,

NRC–35 (Exemption (k)(5));

(l) Information Security Files and

Associated Records, NRC–37

(Exemptions (k)(1) and (k)(5)); and

(m) Personnel Security Files and

Associated Records, NRC–39

(Exemptions (k)(1), (k)(2), and (k)(5)).

Dated at Rockville, MD., this 1st day of

December, 1995.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 95–30173 Filed 12–12–95; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM–120; Special Conditions

No. 25–ANM–110]

Special Conditions: Jetstream Aircraft

Limited Model 4101 Series Airplanes;

Automatic Takeoff Thrust Control

System

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final special conditions, request

for comments.

SUMMARY: These special conditions are

issued to Jetstream Aircraft Limited for

the Jetstream Model 4101 series

airplanes. This airplane will have an

unusual design feature for which the

applicable airworthiness regulations do

not contain appropriate safety

standards. The unusual design feature is

an Automatic Takeoff Thrust Control

System (ATTCS) that resets power on

the operating engine for compliance

with the approach climb performance

requirements in § 25.121(d). 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 December 6, 1995.

Comments must be received on or

before January 29, 1996.

ADDRESSES: Comments on these final

special conditions, request for

comments, may be mailed in duplicate

to: Federal Aviation Administration,

Office of the Assistant Chief Counsel,

Attn: Rules Docket (ANM–7), Docket

No. NM–120, 1601 Lind Avenue SW.,

Renton, Washington, 98055–4056; or

delivered in duplicate to the Office of

the Assistant Chief Counsel at the above

address. Comments must be marked

‘‘Docket No. NM–120.’’ Comments may

be inspected in the Rules Docket

weekdays, except Federal holidays,

between 7:30 and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

William Schroeder, FAA,

Standardization Branch, ANM–113,

Transport Airplane Directorate, Aircraft

Certification Service, 1601 Lind Avenue

SW., Renton, Washington, 98055–4056,

telephone (206) 227–2148.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA has determined that good

cause exists for making these special

conditions effective upon issuance;

however, interested persons are invited

to submit such written data, views, or

arguments as they may desire.

Communications should identify the

regulatory docket and special conditions

number and be submitted in duplicate

to the address specified above. All

communications received on or before

the closing date for comments will be

considered by the Administrator. These

special conditions may be changed in

light of the comments received. All

comments submitted will be available in

the Rules Docket for examination by

interested persons, both before and after

the closing date for comments. A report

summarizing each substantive public

contact with FAA personnel concerning

this rulemaking will be filed in the

docket. Persons wishing the FAA to

acknowledge receipt of their comments

submitted in response to this request

must submit with those comments a

self-addressed, stamped postcard on

which the following statement is made:

‘‘Comments to Docket No. NM–120.’’

The postcard will be date stamped and

returned to the commenter.

Background

On May 24, 1989, British Aerospace

Public Limited Company (BAe)

(currently Jetstream Aircraft Ltd.)

applied for a type certificate for the BAe

Model 4100 (currently Jetstream Model

4101) airplane in the transport airplane

category. The Jetstream Model 4101 is a

transport category airplane powered by

two Garrett TPE331–14GR/HR Series

turbo-propeller engines mounted on the

wing. McCauley Model B/C

5JFR36C1101/2 or 3/4–/L114 G/H CA–0

five-blade propellers are installed. The

airplane is type certificated with two

flight crewmembers and up to 30

passengers.

The Jetstream Model 4101 will

incorporate an unusual design feature,

the Automatic Takeoff Thrust Control

System (ATTCS), referred to by

Jetstream as Automatic Power Reserve

or APR, to show compliance with the

approach climb requirements of

§ 25.121(d). Appendix I to part 25 limits

the application of performance credit for

ATTCS to takeoff only. Since the

airworthiness regulations do not contain

appropriate safety standards for

approach climb performance using

ATTCS, special conditions are required

to ensure a level of safety equivalent to

that established in the regulations.

Type Certification Basis

Under the provisions of § 21.101,

Jetstream must show that the Model

4101 series airplanes, as changed,

continues to meet the applicable

provisions of the regulations

incorporated by reference in Type

Certificate No. A41NM 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. A41NM are as follows:

Based on §§ 21.29 and 21.17 and the

type certification application date, the

applicable U.S. type certification basis

for the Model 4101 was established as

follows:

—Part 25 of the FAR dated February 1,

1965, as amended by Amendments

25–1 through 25–66 (all based on BAe

application date to CAA), and

—Part 25 of the FAR, Amendments 25–

67, 25–68, 25–69, 25–70, 25–71, and

—Part 25 of the FAR, §§ 25.361 and

25.729 and paragraphs 25.571(e)(2),

25.773(b)(2) and 25.905(d), all as

amended by Amendment 25–72, and

—Section 25.1419 as amended by

Amendments 25–1 through 25–66,

and

—Special Conditions (SC) as follows:

—Special Conditions No. 25–ANM–48

issued August 29, 1991, Lightning and

High Intensity Radiated Fields (HIRF)

—Special Conditions No. 25–ANM–45

issued July 9, 1991, Cabin Aisle

Width, and

—The following exemptions were

petitioned for and granted:

—FAA Exemption No. 5587 issued

January 13, 1993, Head Impact

Criteria (25.562(c)(5)) for the three

most forward passenger seats in

passenger cabin, and

—Equivalent safety findings as follows:

—25.349 of the FAR, Rolling Conditions
63902 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations

—25.729(e)(2) of the FAR, Landing Gear

Aural Warning

—25.811(d)(2) of the FAR, Emergency

Exit Marking, Over Wing Exits

—25.1182 of the FAR, Nacelle areas

behind firewalls, and

—Part 34 of the FAR effective

September 10, 1990, and

—Part 36 of the FAR effective December

1, 1969, including Amendments 36–1

through 36–18, including Appendices

A, B, and C.

If the Administrator finds that the

applicable airworthiness regulations

(i.e., part 25 as amended) do not contain

adequate or appropriate safety standards

for Jetstream Model 4101 series

airplanes because of a novel or unusual

design feature, special conditions are

prescribed under the provisions of

§ 21.16 to establish a level of safety

equivalent to that established in the

regulations.

Special conditions, as appropriate, are

issued in accordance with § 11.49 after

public notice, as required by §§ 11.28

and 11.29(b), and become part of the

type certification basis in accordance

with § 21.101(b)(2).

Novel or Unusual Design Features

The Jetsteam 4101 is a twin

turbopropeller airplane equipped with

electronic engine controls that protect

against exceeding the engine

temperature and torque limits. It also

incorporates an ATTCS system that can

automatically add power to the

operating engine in the event one engine

fails. This system benefits engine life by

allowing the normal all-enginesoperating power to be set at less than

the maximum available power when the

airplane operation is limited only by

one-engine-inoperative performance

considerations. If an engine fails, the

ATTCS is armed and the operating

engine is above 65% torque, the ATTCS

automatically increases the Exhaust Gas

Temperature (EGT) limit by 40° C and

the torque by 11%, but does not allow

the torque to exceed either the 100%

torque limit or the higher EGT limit.

Therefore, the Jetstream 4101 ATTCS

only provides an increase in power at

temperatures above the normal flat rate

limit temperature.

The part 25 standards for ATTCS,

contained in § 25.904 and Appendix I,

specifically restrict performance credit

for ATTCS to takeoff. Expanding the

scope of the standards to include other

phases of flight, including go-around,

was considered at the time the

standards were issued, but flightcrew

workload issues precluded further

consideration. As stated in the preamble

to Amendment 25–62:

In regard to ATTCS credit for approach

climb and go-around maneuvers, current

regulations preclude a higher thrust for the

approach climb (§ 25.121(d)) than for the

landing climb (§ 25.119). The workload

required for the flightcrew to monitor and

select from multiple in-flight thrust settings

in the event of an engine failure during a

critical point in the approach, landing, or goaround operations is excessive. Therefore,

the FAA does not agree that the scope of the

amendment should be changed to include the

use of ATTCS for anything except the takeoff

phase. (52 FR 43153, November 9, 1987)

The ATTCS incorporated on the

Jetstream 4101 allows the pilot to use

the same power setting procedure

during a go-around regardless of

whether or not an engine fails. In either

case, the pilot obtains go-around power

by advancing the power levers until

reaching either 100% torque or the EGT

limit. If ATTCS is operating (i.e., one

engine is inoperative), the EGT limit

computed by the electronic engine

control and displayed to the pilot is 40°

C higher than when all engines are

operating. For a go-around in which an

engine fails after go-around power has

been set, the ATTCS operates exactly as

it does during takeoff to automatically

boost power.

The definition of a critical time

interval for the approach climb case,

during which time it must be extremely

improbable to violate a flight path based

on the § 25.121(d) gradient requirement

is of primary importance. The

§ 25.121(d) gradient requirement

implies a minimum one-engineinoperative flight path capability with

the airplane in the approach

configuration. The engine may have

been inoperative before initiating the goaround, or it may become inoperative

during the go-around. The definition of

the critical time interval must consider

both possibilities.

As discussed above, these special

conditions are applicable to the

Jetstream Model 4101. Should Jetstream

Aircraft Limited apply at a later date for

a change to the type certificate to

include another model incorporating the

same novel or unusual design feature,

these special conditions would apply to

that model as well under the provisions

of § 21.101(a)(1).

Under standard practice, the effective

date of final special conditions would

be 30 days after the date of publication

in the Federal Register, however, as the

certification date for the Jetstream

Model 4101 is imminent, the FAA finds

that good cause exists to make these

special conditions effective upon

issuance.

Conclusion

This action affects only certain design

features on the Jetsteam Model 4101

airplane. It is not a rule of general

applicability and affects only the

manufacturer who applied to the FAA

for approval of these features on the

airplane.

The substance of these special

conditions has been subject to the notice

and public comment procedure in a

recent instance with no comment. For

this reason and because a delay would

significantly affect the applicant’s

installation of the system and

certification of the airplane, which is

imminent, the FAA has determined that

good cause exists for adopting these

special conditions without notice.

Therefore, special conditions are being

issued for this airplane and made

effective upon issuance.

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. app. 1344, 1348(c),

1352, 1354(a), 1355, 1421 through 1431,

1502, 1651(b)(2), 42 U.S.C. 1857f–10, 4321 et

seq.; E.O. 11514; and 49 U.S.C. 106(g).

The Special Conditions

According, 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 Jetstream Model 4101

airplane.

(a) General: An ATTCS is defined as

the entire automatic system, including

all devices, both mechanical and

electrical, that sense engine failure,

transmit signals, actuate fuel controls or

power levers, or increase engine power

by other means on operating engines to

achieve scheduled thrust or power

increases and furnish cockpit

information on system operation.

(b) Automatic takeoff thrust control

system (ATTCS). The engine power

control system that automatically resets

the power or thrust on the operating

engine (following engine failure during

the approach for landing) must comply

with the following requirements:

(1) Performance and System

Reliability Requirements. The

probability analysis must include

consideration of ATTCS failure

occurring after the time at which the

fightcrew last verifies that the ATTCS is

in a condition to operate until the

beginning of the critical time interval.

(2) Thrust Setting. The initial takeoff

thrust set on each engine at the

beginning of the takeoff roll or goaround may not be less than:
Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations 63903

(i) Ninety (90) percent of the thrust

level set by the ATTCS (the maximum

takeoff thrust or power approved for the

airplane under existing ambient

conditions);

(ii) That required to permit normal

operation of all safety-related systems

and equipment dependent upon engine

thrust or power lever position; and

(iii) That shown to be free of

hazardous engine response

characteristics when thrust is advanced

from the initial takeoff thrust or power

to the maximum approved takeoff thrust

or power.

(3) Powerplant Controls. In addition

to the requirements of § 25.1141, no

single failure or malfunction, or

probable combination thereof, of the

ATTCS, including associated systems,

may cause the failure of any powerplant

function necessary for safety. The

ATTCS must be designed to:

(i) Apply thrust or power on the

operating engine(s), following any one

engine failure during takeoff or goaround, to achieve the maximum

approved takeoff thrust or power

without exceeding engine operating

limits; and

(ii) Provide a means to verify to the

flightcrew before takeoff and before

beginning an approach for landing that

the ATTCS is in a condition to operate.

(c) Critical Time Interval. The

definition of the Critical Time Interval

in Appendix I, § I25.(b) shall be

expanded to include the following:

(1) When conducting an approach for

landing using ATTCS, the critical time

interval is defined as follows:

(i) The critical time interval begins at

a point on a 2.5 degree approach glide

path from which, assuming a

simultaneous engine and ATTCS

failure, the resulting approach climb

flight path intersects a flight path

originating at a later point on the same

approach path corresponding to the Part

25 one-engine-inoperative approach

climb gradient. The period of time from

the point of simultaneous engine and

ATTCS failure to the intersection of

these flight paths must be no shorter

than the time interval used in evaluating

the critical time interval for takeoff

beginning from the point of

simultaneous engine and ATTCS failure

and ending up reaching a height of 400

feet.

(ii) The critical time interval ends at

the point on a minimum performance,

all-engines-operating go-around flight

path from which, assuming a

simultaneous engine and ATTCS

failure, the resulting minimum

approach climb flight path intersects a

flight path corresponding to the Part 25

minimum one-engine-inoperative

approach climb gradient. The allengines-operating go-around flight path

and the Part 25 one-engine-inoperative

approach climb gradient flight path

originate from a common point on a 2.5

degree approach path. The period of

time from the point of simultaneous

engine and ATTCS failure to the

intersection of these flight paths must be

no shorter than the time interval used in

evaluating the critical time interval for

the takeoff beginning from the point of

simultaneous engine and ATTCS failure

and ending upon reaching a height of

400 feet.

(2) the critical time interval must be

determined at the altitude resulting in

the longest critical time interval for

which one-engine-inoperative approach

climb performance data are presented in

the Airplane Flight Manual.

(3) The critical time interval is

illustrated in the following figure:

BILLING CODE 4910–12–M
63904 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations

*The engine and ATTCS failed time

interval must be no shorter than the time

interval from the point of simultaneous

engine and ATTCS failure to a height of 400

feet used to comply with I25.2(b) for ATTCS

use during takeoff.

Issued in Renton, Washington, on

December 6, 1995.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service,

AMN–100.

[FR Doc. 95–30366 Filed 12–12–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 97

[Docket No. 28390; Amdt. No. 1695]

Standard Instrument Approach

Procedures; Miscellaneous

Amendments

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes,

amends, suspends, or revokes Standard

Instrument Approach Procedures

(SIAPs) for operations at certain

airports. These regulatory actions are

needed because of the adoption of new

or revised criteria, or because of changes

occurring in the National Airspace

System, such as the commissioning of

new navigational facilities, addition of

new obstacles, or changes in air traffic

requirements. These changes are

designed to provide safe and efficient

use of the navigable airspace and to

promote safe flight operations under

instrument flight rules at the affected

airports.

DATES: An effective date for each SIAP

is specified in the amendatory

provisions.

Incorporation by reference approved

by the Director of the Federal Register

on December 31, 1980, and reapproved

as of January 1, 1982.

ADDRESSES: Availability of matters

incorporated by reference in the

amendment is as follows:

For Examination—

1. FAA Rules Docket, FAA

Headquarters Building, 800

Independence Avenue SW.,

Washington, DC 20591;

2. The FAA Regional Office of the

region in which the affected airport is

located; or

3. The Flight Inspection Area Office

which originated the SIAP.

For Purchase—Individual SIAP

copies may be obtained from:

1. FAA Public Inquiry Center (APA–

200), FAA Headquarters Building, 800

Independence Avenue SW.,

Washington, DC 20591; or

2. The FAA Regional Office of the

region in which the affected airport is

located.

By Subscription—Copies of all SIAPs,

mailed once every 2 weeks, are for sale

by the Superintendent of Documents,

U.S. Government Printing Office,

Washington, DC 20402.

FOR FURTHER INFORMATION CONTACT:

Paul J. Best, Flight Procedures

Standards Branch (AFS–420), Technical

Programs Division, Flight Standards

Service, Federal Aviation

Administration, 800 Independence

Avenue SW., Washington, DC 20591;

telephone (202) 267–8277.

SUPPLEMENTARY INFORMATION: This

amendment to part 97 of the Federal

Aviation Regulations (14 CFR part 97)

establishes, amends, suspends, or

revokes Standard Instrument Approach

Procedures (SIAPs). The complete

regulatory description of each SIAP is

contained in official FAA form

documents which are incorporated by

reference in this amendment under 5

U.S.C. 552(a), 1 CFR part 51, and § 97.20

of the Federal Aviation Regulations

(FAR). The applicable FAA Forms are

identified as FAA Forms 8260–3, 8260–

4, and 8260–5. Materials incorporated

by reference are available for

examination or purchase as stated

above.

The large number of SIAPs, their

complex nature, and the need for a

special format make their verbatim

publication in the Federal Register

expensive and impractical. Further,

airmen do not use the regulatory text of

the SIAPs, but refer to their graphic

depiction on charts printed by

publishers of aeronautical materials.

Thus, the advantages of incorporation

by reference are realized and

publication of the complete description

of each SIAP contained in FAA form

documents is unnecessary. The

provisions of this amendment state the

affected CFR (and FAR) sections, with

the types and effective dates of the

SIAPs. This amendment also identifies

the airport, its location, the procedure

identification and the amendment

number.

The Rule

This amendment to part 97 is effective

upon publication of each separate SIAP

as contained in the transmittal. Some

SIAP amendments may have been

previously issued by the FAA in a

National Flight Data Center (FDC)

Notice to Airmen (NOTAM) as an

emergency action of immediate flight

safety relating directly to published

aeronautical charts. The circumstances

which created the need for some SIAP

amendments may require making them

effective in less than 30 days. For the

remaining SIAPs, an effective date at

least 30 days after publication is

provided.

Further, the SIAPs contained in this

amendment are based on the criteria

contained in the U.S. Standard for

Terminal Instrument Approach

Procedures (TERPS). In developing

these SIAPs, the TERPS criteria were

applied to the conditions existing or

anticipated at the affected airports.

Because of the close and immediate

relationship between these SIAPs and

safety in air commerce, I find that notice

and public procedure before adopting

these SIAPs are impracticable and

contrary to the public interest and,

where applicable, that good cause exists

for making some SIAPs effective in less

than 30 days.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. For the same

reason, the FAA certifies that this

amendment will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports,

Navigation (Air).

Issued in Washington, DC on November 17,

1995.

Thomas C. Accardi,

Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, part 97 of the

Federal Aviation Regulations (14 CFR

part 97) is amended by establishing,

amending, suspending, or revoking

Standard Instrument Approach

Procedures, effective at 0901 UTC on

the dates specified, as follows:

PART 97—STANDARD INSTRUMENT

APPROACH PROCEDURES

1. The authority citation for part 97 is

revised to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120, 44701; and 14 CFR 11.49(b)(2).

2. Part 97 is amended to read as

follows: