[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Rules and Regulations]
[Pages 72303-72310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28025]



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  Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / 
Rules and Regulations  

[[Page 72303]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE292; Special Conditions No. 23-232-SC]


Special Conditions: Embraer Model EMB-500 Series Airplane Special 
Conditions for Flight Performance, Flight Characteristics, and 
Operating Limitations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for the Embraer Model EMB-
500 series airplane. This airplane will have a novel or unusual design 
feature(s) associated with engine location, certain performance, flight 
characteristics and operating limitations necessary for this type of 
airplane. 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 November 18, 
2008. We must receive your comments by December 29, 2008.

ADDRESSES: Mail two copies of your comments to: Federal Aviation 
Administration, Regional Counsel, ACE-7, Attention: Rules Docket No. 
CE292, 901 Locust, Room 506, Kansas City, Missouri 64106. You may 
deliver two copies to the Regional Counsel at the above address.
    Mark your comments: Docket No. CE292. You may inspect comments in 
the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. 
and 4 p.m.

FOR FURTHER INFORMATION CONTACT: J. Lowell Foster, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri 816-
329-4125, fax 816-329-4090.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment hereon are impracticable because 
these procedures would significantly delay issuance of the approval 
design 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 on 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 
about these special conditions. You may 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 by 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 let you know we received your comments on these 
special conditions, send us a pre-addressed, stamped postcard on which 
the docket number appears. We will stamp the date on the postcard and 
mail it back to you.

Background

    On October 5, 2005, Embraer applied for a type certificate for 
their new Model, the EMB-500. The EMB-500 is an all-new, high-
performance, low wing, twin turbofan powered airplane. Design features 
include turbofan engines, aft engine location, new avionics, and 
certain performance characteristics inherent in this type of airplane 
that were not envisioned by the existing regulations.
    The EMB-500 will be a new airplane and will have the following 
significant features incorporated:
     Two Pratt & Whitney PW617F/1 turbofan engines rated at 
1,600 pounds of thrust with a Full Authority Digital Engine Control 
(FADEC) system.
     Garmin will provide a new avionics/instrumentation system, 
the G1000. This system is a state-of-the-art glass cockpit utilizing 
redundant Active Matrix Liquid Crystal Displays, featuring three 
displays.
     The aircraft's general configuration will be similar to 
other normal category jet airplanes, including a T-tail, and a low wing 
with slight leading edge wing sweep.
     The cabin will have a maximum seating configuration for 8 
passengers.
     The preliminary operational design criteria are:

------------------------------------------------------------------------
          Parameter                  Symbol                EMB-500
------------------------------------------------------------------------
Limit Speeds................  Vmo.................  275 KCAS
                              MMO.................  0.70 Mach
Max Takeoff Weight..........  ....................  9965 lb
Max Landing Weight..........  ....................  9259 lb
Max Zero Fuel Weight........  ....................  8510 lb
Flap Speeds.................  Flaps 1.............  200 KIAS
                              Flaps 2.............  160 KIAS
                              Flaps 3.............  145 KIAS

[[Page 72304]]

 
                              Flaps Full..........  145 KIAS
Landing Gear Speeds.........  VLO (Retracting)....  180 KIAS
                              VLO (Extending).....  250 KIAS
                              VLE (Extended)......  275 KIAS
Maximum Altitude............  ....................  41,000 ft
------------------------------------------------------------------------

Type Certification Basis

    Under the provisions of 14 CFR part 21, Sec.  21.17, Embraer must 
show that the EMB-500 meets the applicable provisions of part 23, as 
amended by Amendment 23-1 through 23-54 thereto. If the Administrator 
finds that the applicable airworthiness regulations (i.e., 14 CFR, part 
23) do not contain adequate or appropriate safety standards for the 
Embraer EMB-500 because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions, as appropriate, as defined in Sec.  11.19, are 
issued in accordance with Sec.  11.38, and become part of the type 
certification basis in accordance with Sec.  21.17(a)(2).
    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, the special conditions would also apply to the 
other model under the provisions of Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the EMB-500 must comply with the part 23 fuel vent and 
exhaust emission requirements of 14 CFR part 34 and the part 23 noise 
certification requirements of 14 CFR part 36. The FAA must also issue a 
finding of regulatory adequacy pursuant to section 611 of Public Law 
92-574, the ``Noise Control Act of 1972.''

Novel or Unusual Design Features

    The Embraer EMB-500 will incorporate the following novel or unusual 
design features: Aft-mounted engines, certain performance and flight 
characteristics, and operating limitations necessary for this type of 
airplane.

Applicability

    As discussed above, these special conditions are applicable to the 
Embraer EMB-500 series. Should Embraer 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 under the provisions of Sec.  21.101.

Conclusion

    This action affects only certain novel or unusual design features 
on Embraer EMB-500 series airplanes. It is not a rule of general 
applicability and affects only the applicant who applied to the FAA for 
approval of these features on the airplane.
    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 on 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 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

0
The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
14 CFR 11.38 and 11.19.

The Special Conditions

    Several 14 CFR part 23 paragraphs have been replaced by or 
supplemented with special conditions. These special conditions have 
been numbered to match the 14 CFR part 23 paragraphs they replace or 
supplement. Additionally, many of the other applicable part 23 
paragraphs cross-reference paragraphs that are replaced by or 
supplemented with special conditions. It is implied that the special 
conditions associated with these paragraphs must be applied. This 
principal applies to all part 23 paragraphs that cross-reference 
paragraphs associated with special conditions.
0
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 Embraer EMB-500 series airplanes.


Sec.  23.45  General.

    Instead of compliance with Sec.  23.45, the following apply:
    (a) Unless otherwise prescribed, the performance requirements of 
this part must be met for--
    (1) Still air and standard atmosphere; and
    (2) Ambient atmospheric conditions.
    (b) Performance data must be determined over not less than the 
following ranges of conditions--
    (1) Airport altitudes from sea level to 10,000 feet; and
    (2) Temperature from standard to 30 [deg]C above standard, or the 
maximum ambient atmospheric temperature at which compliance with the 
cooling provisions of Sec.  23.1041 to Sec.  23.1047 is shown, if 
lower.
    (c) Performance data must be determined with the cowl flaps or 
other means for controlling the engine cooling air supply in the 
position used in the cooling tests required by Sec.  23.1041 to Sec.  
23.1047.
    (d) The available propulsive thrust must correspond to engine 
power, not exceeding the approved power, less--
    (1) Installation losses; and
    (2) The power absorbed by the accessories and services appropriate 
to the particular ambient atmospheric conditions and the particular 
flight condition.
    (e) The performance, as affected by engine power or thrust, must be 
based on a relative humidity:
    (1) Of 80 percent at and below standard temperature; and
    (2) From 80 percent, at the standard temperature, varying linearly 
down to 34 percent at the standard temperature plus 50 [deg]F.
    (f) Unless otherwise prescribed, in determining the takeoff and 
landing distances, changes in the airplane's configuration, speed, and 
power must be made in accordance with procedures established by the 
applicant for operation in service. These procedures must be able to be 
executed consistently by pilots of average skill in atmospheric

[[Page 72305]]

conditions reasonably expected to be encountered in service.
    (g) The following, as applicable, must be determined on a smooth, 
dry, hard-surfaced runway--
    (1) Not applicable;
    (2) Accelerate-stop distance of Sec.  23.55;
    (3) Takeoff distance and takeoff run of Sec.  23.59; and
    (4) Landing distance of Sec.  23.75.

    Note: The effect on these distances of operation on other types 
of surfaces (for example, grass, gravel) when dry, may be determined 
or derived and these surfaces listed in the Airplane Flight Manual 
in accordance with Sec.  23.1583(p).

    (h) The following also apply:
    (1) Unless otherwise prescribed, the applicant must select the 
takeoff, enroute, approach, and landing configurations for the 
airplane.
    (2) The airplane configuration may vary with weight, altitude, and 
temperature, to the extent that they are compatible with the operating 
procedures required by paragraph (h)(3) of this section.
    (3) Unless otherwise prescribed, in determining the critical-
engine-inoperative takeoff performance, takeoff flight path, and 
accelerate-stop distance, changes in the airplane's configuration, 
speed, and power must be made in accordance with procedures established 
by the applicant for operation in service.
    (4) Procedures for the execution of discontinued approaches and 
balked landings associated with the conditions prescribed in Sec. Sec.  
23.67(c)(4) and 23.77(c) must be established.
    (5) The procedures established under paragraphs (h)(3) and (h)(4) 
of this section must--
    (i) Be able to be consistently executed by a crew of average skill 
in atmospheric conditions reasonably expected to be encountered in 
service;
    (ii) Use methods or devices that are safe and reliable; and
    (iii) Include allowance for any reasonably expected time delays in 
the execution of the procedures.


Sec.  23.51  Takeoff speeds.

    Instead of compliance with Sec.  23.51, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) The following apply:
    (l) V1 must be established in relation to VEF as 
follows:
    (i) VEF is the calibrated airspeed at which the critical 
engine is assumed to fail. VEF must be selected by the 
applicant, but it must not be less than 1.05 VMC determined 
under Sec.  23.149(b) or, at the option of the applicant, not less than 
VMCG determined under Sec.  23.149(f).
    (ii) The takeoff decision speed, V1, is the calibrated 
airspeed on the ground at which, as a result of engine failure or other 
reasons, the pilot is assumed to have made a decision to continue or 
discontinue the takeoff. The takeoff decision speed, V1, 
must be selected by the applicant but must not be less than 
VEF plus the speed gained with the critical engine 
inoperative during the time interval between the instant at which the 
critical engine is failed and the instant at which the pilot recognizes 
and reacts to the engine failure, as indicated by the pilot's 
application of the first retarding means during the accelerate-stop 
determination of Sec.  23.55.
    (2) The rotation speed, VR, in terms of calibrated 
airspeed, must be selected by the applicant and must not be less than 
the greatest of the following:
    (i) V1;
    (ii) 1.05 VMC determined under Sec.  23.149(b);
    (iii) 1.10 VS1; or
    (iv) The speed that allows attaining the initial climb-out speed, 
V2, before reaching a height of 35 feet above the takeoff 
surface in accordance with Sec.  23.57(c)(2).
    (3) For any given set of conditions, such as weight, altitude, 
temperature, and configuration, a single value of VR must be 
used to show compliance with both the one-engine-inoperative takeoff 
and all-engines-operating takeoff requirements.
    (4) The takeoff safety speed, V2, in terms of calibrated 
airspeed, must be selected by the applicant so as to allow the gradient 
of climb required in Sec.  23.67(c)(1) and (c)(2) but must not be less 
than 1.10 VMC or less than 1.20 VS1.
    (5) The one-engine-inoperative takeoff distance, using a normal 
rotation rate at a speed 5 knots less than VR, established 
in accordance with paragraph (c)(2) of this section, must be shown not 
to exceed the corresponding one-engine-inoperative takeoff distance, 
determined in accordance with Sec. Sec.  23.57 and 23.59(a)(1), using 
the established VR. The takeoff, otherwise performed in 
accordance with Sec.  23.57, must be continued safely from the point at 
which the airplane is 35 feet above the takeoff surface and at a speed 
not less than the established V2 minus 5 knots.
    (6) The applicant must show, with all engines operating, that 
marked increases in the scheduled takeoff distances, determined in 
accordance with Sec.  23.59(a)(2), do not result from over-rotation of 
the airplane or out-of-trim conditions.


Sec.  23.53  Takeoff performance.

    Instead of compliance with Sec.  23.53, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) Takeoff performance, as required by Sec. Sec.  23.55 through 
23.59, must be determined with the operating engine(s) within approved 
operating limitations.


Sec.  23.55  Accelerate-stop distance.

    Instead of compliance with Sec.  23.55, the following apply:
    The accelerate-stop distance must be determined as follows:
    (a) The accelerate-stop distance is the sum of the distances 
necessary to--
    (1) Accelerate the airplane from a standing start to VEF 
with all engines operating;
    (2) Accelerate the airplane from VEF to V1, 
assuming the critical engine fails at VEF; and
    (3) Come to a full stop from the point at which V1 is 
reached.
    (b) Means other than wheel brakes may be used to determine the 
accelerate-stop distances if that means--
    (1) Is safe and reliable;
    (2) Is used so that consistent results can be expected under normal 
operating conditions; and
    (3) Is such that exceptional skill is not required to control the 
airplane.


Sec.  23.57  Takeoff path.

    Instead of compliance with Sec.  23.57, the following apply:
    The takeoff path is as follows:
    (a) The takeoff path extends from a standing start to a point in 
the takeoff at which the airplane is 1,500 feet above the takeoff 
surface at or below which height the transition from the takeoff to the 
enroute configuration must be completed; and
    (1) The takeoff path must be based on the procedures prescribed in 
Sec.  23.45;
    (2) The airplane must be accelerated on the ground to 
VEF at which point the critical engine must be made 
inoperative and remain inoperative for the rest of the takeoff; and
    (3) After reaching VEF, the airplane must be accelerated 
to V2.
    (b) During the acceleration to speed V2, the nose gear 
may be raised off the ground at a speed not less than VR. 
However, landing gear retraction must not be initiated until the 
airplane is airborne.
    (c) During the takeoff path determination, in accordance with 
paragraphs (a) and (b) of this section--
    (1) The slope of the airborne part of the takeoff path must not be 
negative at any point;
    (2) The airplane must reach V2 before it is 35 feet 
above the takeoff surface, and must continue at a speed as close as 
practical to, but not less than V2, until it is 400 feet 
above the takeoff surface;

[[Page 72306]]

    (3) At each point along the takeoff path, starting at the point at 
which the airplane reaches 400 feet above the takeoff surface, the 
available gradient of climb must not be less than 1.2 percent for two-
engine airplanes; and
    (4) Except for gear retraction and automatic propeller feathering, 
the airplane configuration must not be changed, and no change in power 
that requires action by the pilot may be made, until the airplane is 
400 feet above the takeoff surface.
    (d) The takeoff path to 35 feet above the takeoff surface must be 
determined by a continuous demonstrated takeoff.
    (e) The takeoff path to 35 feet above the takeoff surface must be 
determined by synthesis from segments; and
    (1) The segments must be clearly defined and must be related to 
distinct changes in configuration, power, and speed;
    (2) The weight of the airplane, the configuration, and the power 
must be assumed constant throughout each segment and must correspond to 
the most critical condition prevailing in the segment; and
    (3) The takeoff flight path must be based on the airplane's 
performance without utilizing ground effect.


Sec.  23.59  Takeoff distance and takeoff run.

    Instead of compliance with Sec.  23.59, the following apply:
    The takeoff distance and, at the option of the applicant, the 
takeoff run, must be determined.
    (a) Takeoff distance is the greater of--
    (1) The horizontal distance along the takeoff path from the start 
of the takeoff to the point at which the airplane is 35 feet above the 
takeoff surface as determined under Sec.  23.57; or
    (2) With all engines operating, 115 percent of the horizontal 
distance from the start of the takeoff to the point at which the 
airplane is 35 feet above the takeoff surface, determined by a 
procedure consistent with Sec.  23.57.
    (b) If the takeoff distance includes a clearway, the takeoff run is 
the greater of--
    (1) The horizontal distance along the takeoff path from the start 
of the takeoff to a point equidistant between the liftoff point and the 
point at which the airplane is 35 feet above the takeoff surface as 
determined under Sec.  23.57; or
    (2) With all engines operating, 115 percent of the horizontal 
distance from the start of the takeoff to a point equidistant between 
the liftoff point and the point at which the airplane is 35 feet above 
the takeoff surface, determined by a procedure consistent with Sec.  
23.57.


Sec.  23.61  Takeoff flight path.

    Instead of compliance with Sec.  23.61, the following apply:
    The takeoff flight path must be determined as follows:
    (a) The takeoff flight path begins 35 feet above the takeoff 
surface at the end of the takeoff distance determined in accordance 
with Sec.  23.59.
    (b) The net takeoff flight path data must be determined so that 
they represent the actual takeoff flight paths, as determined in 
accordance with Sec.  23.57 and with paragraph (a) of this section, 
reduced at each point by a gradient of climb equal to 0.8 percent for 
two-engine airplanes.
    (c) The prescribed reduction in climb gradient may be applied as an 
equivalent reduction in acceleration along that part of the takeoff 
flight path at which the airplane is accelerated in level flight.


Sec.  23.63  Climb: General.

    Instead of compliance with Sec.  23.63, the following apply:
    (a) Compliance with the requirements of Sec. Sec.  23.65, 23.66, 
23.67, 23.69, and 23.77 must be shown--
    (1) Out of ground effect; and
    (2) At speeds that are not less than those at which compliance with 
the powerplant cooling requirements of Sec. Sec.  23.1041 to 23.1047 
has been demonstrated; and
    (3) Unless otherwise specified, with one engine inoperative, at a 
bank angle not exceeding 5 degrees.
    (b) Not applicable.
    (c) Not applicable.
    (d) Compliance must be shown at weights as a function of airport 
altitude and ambient temperature within the operational limits 
established for takeoff and landing, respectively, with--
    (1) Sections 23.67(c)(1), 23.67(c)(2), and 23.67(c)(3) for takeoff; 
and
    (2) Sections 23.67(c)(3), 23.67(c)(4), and 23.77(c) for landing.


Sec.  23.66  Takeoff climb: One-engine inoperative.

    Instead of compliance with Sec.  23.66, see Sec.  23.67.


Sec. [t x hnsp]23.67  Climb: One engine inoperative.

    Instead of compliance with Sec.  23.67, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) The following apply:
    (1) Takeoff; landing gear extended. The steady gradient of climb at 
the altitude of the takeoff surface must be measurably positive for 
two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
position it rapidly and automatically assumes;
    (ii) The remaining engine(s) at takeoff power;
    (iii) The landing gear extended, and all landing gear doors open;
    (iv) The wing flaps in the takeoff position(s);
    (v) The wings level; and
    (vi) A climb speed equal to V2.
    (2) Takeoff; landing gear retracted. The steady gradient of climb 
at an altitude of 400 feet above the takeoff surface must be not less 
than 2.0 percent of two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
position it rapidly and automatically assumes;
    (ii) The remaining engine(s) at takeoff power;
    (iii) The landing gear retracted;
    (iv) The wing flaps in the takeoff position(s);
    (v) A climb speed equal to V2.
    (3) En route. The steady gradient of climb at an altitude of 1,500 
feet above the takeoff or landing surface, as appropriate, must be not 
less than 1.2 percent for two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
minimum drag position;
    (ii) The remaining engine(s) at not more than maximum continuous 
power;
    (iii) The landing gear retracted;
    (iv) The wing flaps retracted; and
    (v) A climb speed not less than 1.2 VS1.
    (4) Discontinued approach. The steady gradient of climb at an 
altitude of 400 feet above the landing surface must be not less than 
2.1 percent for two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
minimum drag position;
    (ii) The remaining engine(s) at takeoff power;
    (iii) Landing gear retracted;
    (iv) Wing flaps in the approach position(s) in which VS1 
for these position(s) does not exceed 110 percent of the VS1 
for the related all-engines-operated landing position(s); and
    (v) A climb speed established in connection with normal landing 
procedures but not exceeding 1.5 VS1.


Sec.  23.73  Reference landing approach speed.

    Instead of compliance with Sec.  23.73, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) The reference landing approach speed, VREF, must not 
be less than the greater of 1.05 VMC, determined in Sec.  
23.149(c), and 1.3 VSO.


Sec.  23.75  Landing distance.

    Instead of compliance with Sec.  23.75, the following apply:

[[Page 72307]]

    The horizontal distance necessary to land and come to a complete 
stop from a point 50 feet above the landing surface must be determined, 
for standard temperatures at each weight and altitude within the 
operational limits established for landing, as follows:
    (a) A steady approach at not less than VREF, determined 
in accordance with Sec.  23.73(c) must be maintained down to the 50 
foot height and--
    (1) The steady approach must be at a gradient of descent not 
greater than 5.2 percent (3 degrees) down to the 50-foot height.
    (2) In addition, an applicant may demonstrate by tests that a 
maximum steady approach gradient steeper than 5.2 percent, down to the 
50-foot height, is safe. The gradient must be established as an 
operating limitation and the information necessary to display the 
gradient must be available to the pilot by an appropriate instrument.
    (b) A constant configuration must be maintained throughout the 
maneuver.
    (c) The landing must be made without excessive vertical 
acceleration or tendency to bounce, nose over, ground loop, porpoise, 
or water loop.
    (d) It must be shown that a safe transition to the balked landing 
conditions of Sec.  23.77 can be made from the conditions that exist at 
the 50 foot height, at maximum landing weight, or at the maximum 
landing weight for altitude and temperature of Sec.  23.63(d)(2).
    (e) The brakes must be used so as to not cause excessive wear of 
brakes or tires.
    (f) Retardation means other than wheel brakes may be used if that 
means--
    (1) Is safe and reliable; and
    (2) Is used so that consistent results can be expected in service.
    (g) If any device is used that depends on the operation of any 
engine, and the landing distance would be increased when a landing is 
made with that engine inoperative, the landing distance must be 
determined with that engine inoperative unless the use of other 
compensating means will result in a landing distance not more than that 
with each engine operating.


Sec.  23.77  Balked landing.

    Instead of compliance with Sec.  23.77, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) Each airplane must be able to maintain a steady gradient of 
climb of at least 3.2 percent with--
    (1) Not more than the power that is available on each engine eight 
seconds after initiation of movement of the power controls from the 
minimum flight idle position;
    (2) Landing gear extended;
    (3) Wing flaps in the landing position; and
    (4) A climb speed equal to VREF, as defined in Sec.  
23.73(c).


Sec.  23.177  Static directional and lateral stability.

    Instead of compliance with Sec.  23.177, the following apply:
    (a) The static directional stability, as shown by the tendency to 
recover from a wings level sideslip with the rudder free, must be 
positive for any landing gear and flap position appropriate to the 
takeoff, climb, cruise, approach, and landing configurations. This must 
be shown with symmetrical power up to maximum continuous power, and at 
speeds from 1.2 VS1 up to VFE, VLE, or 
VFC/MFC (as appropriate). The angle of sideslip 
for these tests must be appropriate to the type of airplane. At larger 
angles of sideslip, up to that at which full rudder is used or a 
control force limit in Sec.  23.143 is reached, whichever occurs first, 
and at speeds from 1.2 VS1 to VO, the rudder 
pedal force must not reverse.
    (b) The static lateral stability, as shown by the tendency to raise 
the low wing in a sideslip, must be positive for all landing gear and 
flap positions. This must be shown with symmetrical power up to 75 
percent of maximum continuous power at speeds above 1.2 VS1 
in the takeoff configuration(s) and at speeds above 1.3 VS1 
in other configurations, up to VFE, VLE, or 
VFC/MFC (as appropriate) for the configuration 
being investigated, in the takeoff, climb, cruise, and approach 
configurations. For the landing configuration, the power must be that 
necessary to maintain a 3 degree angle of descent in coordinated 
flight. The static lateral stability must not be negative at 1.2 
VS1 in the takeoff configuration, or at 1.3 VS1 
in other configurations. The angle of sideslip for these tests must be 
appropriate to the type of airplane, but in no case may the constant 
heading sideslip angle be less than that obtainable with a 10 degree 
bank, or if less, the maximum bank angle obtainable with full rudder 
deflection or 150 pound rudder force.
    (c) Paragraph (b) of this section does not apply to acrobatic 
category airplanes certificated for inverted flight.
    (d) In straight, steady slips at 1.2 VS1 for any landing 
gear and flap positions, and for any symmetrical power conditions up to 
50 percent of maximum continuous power, the aileron and rudder control 
movements and forces must increase steadily, but not necessarily in 
constant proportion, as the angle of sideslip is increased up to the 
maximum appropriate to the type of airplane. At larger slip angles, up 
to the angle at which the full rudder or aileron control is used or a 
control force limit contained in Sec.  23.143 is reached, the aileron 
and rudder control movements and forces must not reverse as the angle 
of sideslip is increased. Rapid entry into, and recovery from, a 
maximum sideslip considered appropriate for the airplane must not 
result in uncontrollable flight characteristics.


Sec.  23.201(e)  Wings level stall.

    Instead of compliance with Sec.  23.201(e), the following apply:
    (e) Compliance with the requirements of this section must be shown 
under the following conditions:
    (1) The flaps, landing gear, and speedbrakes in any likely 
combination of positions and altitudes appropriate for the various 
positions.
    (2) Thrust--
    (i) Idle; and
    (ii) The thrust necessary to maintain level flight at 1.6 
S1 (where VS1 corresponds to the stalling speed 
with flaps in the approach position, the landing gear retracted, and 
maximum landing weight).
    (3) Trim at 1.4 VS1 or the minimum trim speed, whichever 
is higher.


Sec.  23.203(c)  Turning flight and accelerated turning stalls.

    Instead of compliance with Sec.  23.203(c), the following apply:
    (c) Compliance with the requirements of this section must be shown 
under the following conditions:
    (1) The flaps, landing gear, and speedbrakes in any likely 
combination of positions and altitudes appropriate for the various 
positions.
    (2) Thrust--
    (i) Idle; and
    (ii) The thrust necessary to maintain level flight at 1.6 
VS1 (where VS1 corresponds to the stalling speed 
with flaps in the approach position, the landing gear retracted, and 
maximum landing weight).
    (3) Trim at 1.4 VS1 or the minimum trim speed, whichever 
is higher.


Sec.  23.251  Vibration and buffeting.

    Instead of compliance with Sec.  23.251, the following apply:
    (a) The airplane must be demonstrated in flight to be free from any 
vibration and buffeting that would prevent continued safe flight in any 
likely operating condition.
    (b) Each part of the airplane must be shown in flight to be free 
from excessive

[[Page 72308]]

vibration under any appropriate speed and thrust conditions up to 
VDF/MDF. The maximum speeds shown must be used in 
establishing the operating limitations of the airplane in accordance 
with special condition Sec.  23.1505.
    (c) Except as provided in paragraph (d) of this special condition, 
there may be no buffeting condition, in normal flight, including 
configuration changes during cruise, severe enough to interfere with 
the control of the airplane, to cause excessive fatigue to the crew, or 
to cause structural damage. Stall warning buffeting within these limits 
is allowable.
    (d) There may be no perceptible buffeting condition in the cruise 
configuration in straight flight at any speed up to VMO/
MMO, except that stall warning buffeting is allowable.
    (e) With the airplane in the cruise configuration, the positive 
maneuvering load factors at which the onset of perceptible buffeting 
occurs must be determined for the ranges of airspeed or Mach number, 
weight, and altitude for which the airplane is to be certified. The 
envelopes of load factor, speed, altitude, and weight must provide a 
sufficient range of speeds and load factors for normal operations. 
Probable inadvertent excursions beyond the boundaries of the buffet 
onset envelopes may not result in unsafe conditions.


Sec.  23.253  High speed characteristics.

    Instead of compliance with Sec.  23.253, the following apply:
    (a) Speed increase and recovery characteristics. The following 
speed increase and recovery characteristics must be met:
    (1) Operating conditions and characteristics likely to cause 
inadvertent speed increases (including upsets in pitch and roll) must 
be simulated with the airplane trimmed at any likely cruise speed up to 
VMO/MMO. These conditions and characteristics 
include gust upsets, inadvertent control movements, low stick force 
gradient in relation to control friction, passenger movement, leveling 
off from climb, and descent from Mach to airspeed limit altitudes.
    (2) Allowing for pilot reaction time after effective inherent or 
artificial speed warning occurs, it must be shown that the airplane can 
be recovered to a normal attitude and its speed reduced to 
VMO/MMO, without:
    (i) Exceptional piloting strength or skill;
    (ii) Exceeding VD/MD, VDF/
MDF, or the structural limitations; and
    (iii) Buffeting that would impair the pilot's ability to read the 
instruments or control the airplane for recovery.
    (3) There may be no control reversal about any axis at any speed up 
to VDF/MDF. Any reversal of elevator control 
force or tendency of the airplane to pitch, roll, or yaw must be mild 
and readily controllable, using normal piloting techniques.
    (b) Maximum speed for stability characteristics, VFC/
MFC. VFC/MFC is the maximum speed at 
which the requirements of Sec.  23.175(b)(1), special condition 
Sec. Sec.  23.177, and 23.181 must be met with flaps and landing gear 
retracted. It may not be less than a speed midway between 
VMO/MMO and VDF/MDF except 
that, for altitudes where Mach number is the limiting factor, 
MFC need not exceed the Mach number at which effective speed 
warning occurs.


Sec.  23.703  Takeoff warning system.

    Instead of compliance with Sec.  23.703, the following apply:
    Unless it can be shown that a lift or longitudinal trim device that 
affects the takeoff performance of the aircraft would not give an 
unsafe takeoff configuration when selection out of an approved takeoff 
position, a takeoff warning system must be installed and meet the 
following requirements:
    (a) The system must provide to the pilots an aural warning that is 
automatically activated during the initial portion of the takeoff roll 
if the airplane is in a configuration that would not allow a safe 
takeoff. The warning must continue until--
    (1) The configuration is changed to allow safe takeoff, or
    (2) Action is taken by the pilot to abandon the takeoff roll.
    (b) The means used to activate the system must function properly 
for all authorized takeoff power settings and procedures and throughout 
the ranges of takeoff weights, altitudes, and temperatures for which 
certification is requested.


Sec.  23.735  Brakes.

    In addition to paragraphs (a), (b), (c), and (d), the following 
apply:
    (e) The rejected takeoff brake kinetic energy capacity rating of 
each main wheel brake assembly must not be less than the kinetic energy 
absorption requirements determined under either of the following 
methods--
    (1) The brake kinetic energy absorption requirements must be based 
on a conservative rational analysis of the sequence of events expected 
during a rejected takeoff at the design takeoff weight.
    (2) Instead of a rational analysis, the kinetic energy absorption 
requirements for each main wheel brake assembly may be derived from the 
following formula--

KE=0.0443 WV2 / N

Where:

KE = Kinetic energy per wheel (ft.-lbs.);
W = Design takeoff weight (lbs.);
V = Ground speed, in knots, associated with the maximum value of 
V1 selected in accordance with Sec.  23.51(c)(1);
N = Number of main wheels with brakes.


Sec.  23.1323  Airspeed indicating system.

    In addition to paragraphs (a), (b), (c), and (d), the following 
apply:
    (e) In addition, the airspeed indicating system must be calibrated 
to determine the system error during the accelerate-takeoff ground run. 
The ground run calibration must be obtained between 0.8 of the minimum 
value of V1 and the maximum value of V2, 
considering the approved ranges of altitude and weight. The ground run 
calibration must be determined assuming an engine failure at the 
minimum value of V1.
    (f) Where duplicate airspeed indicators are required, their 
respective pitot tubes must be far enough apart to avoid damage to both 
tubes in a collision with a bird.


Sec.  23.1505  Airspeed limitations.

    Instead of compliance with Sec.  23.1505, the following apply:
    (a) The maximum operating limit speed (VMO/MMO -airspeed or Mach 
number, whichever is critical at a particular altitude) is a speed that 
may not be deliberately exceeded in any regime of flight (climb, 
cruise, or descent), unless a higher speed is authorized for flight 
test or pilot training operations. VMO/MMO must be established so that 
it is not greater than the design cruising speed VC/MC and so that it 
is sufficiently below VD/MD or VDF/MDF, to make it highly improbable 
that the latter speeds will be inadvertently exceeded in operations. 
The speed margin between VMO/MMO and VD/MD or VDF/MDF may not be less 
than that determined under Sec.  23.335(b) or found necessary in the 
flight test conducted under special condition Sec.  23.253.


Sec.  23.1583  Operating limitations.

    Instead of compliance with Sec.  23.1583, the following apply:
    The Airplane Flight Manual must contain operating limitations 
determined under this part 23, including the following--
    (a) Airspeed limitations. The following information must be 
furnished:
    (1) Information necessary for the marking of the airspeed limits on 
the indicator as required in Sec.  23.1545, and the significance of 
each of those limits and of the color-coding used on the indicator.

[[Page 72309]]

    (2) The speeds VMC, VO, VLE, and VLO, if established, and their 
significance.
    (3) In addition, for turbine powered airplanes--
    (i) The maximum operating limit speed, VMO/MMO and a statement that 
this speed must not be deliberately exceeded in any regime of flight 
(climb, cruise or descent) unless a higher speed is authorized for 
flight test or pilot training;
    (ii) If an airspeed limitation is based upon compressibility 
effects, a statement to this effect and information as to any symptoms, 
the probable behavior of the airplane, and the recommended recovery 
procedures; and
    (iii) The airspeed limits must be shown in terms of VMO/
MMO instead of VNO and VNE.
    (b) Powerplant limitations. The following information must be 
furnished:
    (1) Limitations required by Sec.  23.1521.
    (2) Explanation of the limitations, when appropriate.
    (3) Information necessary for marking the instruments required by 
Sec.  23.1549 through Sec.  23.1553.
    (c) Weight. The airplane flight manual must include--
    (1) Not applicable;
    (2) Not applicable;
    (3) Not applicable;
    (4) The maximum takeoff weight for each airport altitude and 
ambient temperature within the range selected by the applicant at 
which--
    (i) The airplane complies with the climb requirements of Sec.  
23.63(d)(1); and
    (ii) The accelerate-stop distance determined under Sec.  23.55 is 
equal to the available runway length plus the length of any stopway, if 
utilized; and either:
    (iii) The takeoff distance determined under Sec.  23.59(a) is equal 
to the available runway length; or
    (iv) At the option of the applicant, the takeoff distance 
determined under Sec.  23.59(a) is equal to the available runway length 
plus the length of any clearway and the takeoff run determined under 
Sec.  23.59(b) is equal to the available runway length.
    (5) The maximum landing weight for each airport altitude within the 
range selected by the applicant at which--
    (i) The airplane complies with the climb requirements of Sec.  
23.63(d)(2) for ambient temperatures within the range selected by the 
applicant; and
    (ii) The landing distance determined under Sec.  23.75 for standard 
temperatures is equal to the available runway length.
    (6) The maximum zero wing fuel weight, where relevant, as 
established in accordance with Sec.  23.343.
    (d) Center of gravity. The established center of gravity limits.
    (e) Maneuvers. The following authorized maneuvers, appropriate 
airspeed limitations, and unauthorized maneuvers, as prescribed in this 
section.
    (1) Not applicable.
    (2) Not applicable.
    (3) Not applicable.
    (4) Not applicable.
    (5) Maneuvers are limited to any maneuver incident to normal 
flying, stalls (except whip stalls), and steep turns in which the angle 
of bank is not more than 60 degrees.
    (f) Maneuver load factor. The positive limit load factors in g's, 
and, in addition, the negative limit load factor for acrobatic category 
airplanes.
    (g) Minimum flight crew. The number and functions of the minimum 
flight crew determined under Sec.  23.1523.
    (h) Kinds of operation. A list of the kinds of operation to which 
the airplane is limited or from which it is prohibited under Sec.  
23.1525, and also a list of installed equipment that affects any 
operating limitation and identification as to the equipment's required 
operational status for the kinds of operation for which approval has 
been given.
    (i) Maximum operating altitude. The maximum altitude established 
under Sec.  23.1527.
    (j) Maximum passenger seating configuration. The maximum passenger-
seating configuration.
    (k) Allowable lateral fuel loading. The maximum allowable lateral 
fuel loading differential, if less than the maximum possible.
    (l) Baggage and cargo loading. The following information for each 
baggage and cargo compartment or zone--
    (1) The maximum allowable load; and
    (2) The maximum intensity of loading.
    (m) Systems. Any limitations on the use of airplane systems and 
equipment.
    (n) Ambient temperatures. Where appropriate, maximum and minimum 
ambient air temperatures for operation.
    (o) Smoking. Any restrictions on smoking in the airplane.
    (p) Types of surface. A statement of the types of surface on which 
operations may be conducted. (See Sec. Sec.  23.45(g) and 23.1587(a)(4) 
and (d)(4)).


Sec.  23.1585  Operating procedures.

    Instead of compliance with Sec.  23.1585, the following apply:
    (a) For all airplanes, information concerning normal, abnormal (if 
applicable), and emergency procedures and other pertinent information 
necessary for safe operation and the achievement of the scheduled 
performance must be furnished, including--
    (1) An explanation of significant or unusual flight or ground 
handling characteristics;
    (2) The maximum demonstrated values of crosswind for takeoff and 
landing, and procedures and information pertinent to operations in 
crosswinds;
    (3) A recommended speed for flight in rough air. This speed must be 
chosen to protect against the occurrence, as a result of gusts, of 
structural damage to the airplane and loss of control (for example, 
stalling);
    (4) Procedures for restarting any turbine engine in flight, 
including the effects of altitude; and
    (5) Procedures, speeds, and configuration(s) for making a normal 
approach and landing, in accordance with Sec.  23.73 and Sec.  23.75, 
and a transition to the balked landing condition.
    (6) For seaplanes and amphibians, water handling procedures and the 
demonstrated wave height.
    (b) Not applicable.
    (c) In addition to paragraph (a) of this section, for all 
multiengine airplanes, the following information must be furnished:
    (1) Procedures, speeds, and configuration(s) for making an approach 
and landing with one engine inoperative;
    (2) Procedures, speeds, and configuration(s) for making a balked 
landing with one engine inoperative and the conditions under which a 
balked landing can be performed safely, or a warning against attempting 
a balked landing;
    (3) The VSSE determined in Sec.  23.149; and
    (4) Procedures for restarting any engine in flight including the 
effects of altitude.
    (d) Not applicable.
    (e) Not applicable.
    (f) In addition to paragraphs (a) and (c) of this section the 
information must include the following:
    (1) Procedures, speeds, and configuration(s) for making a normal 
takeoff.
    (2) Procedures and speeds for carrying out an accelerate-stop in 
accordance with Sec.  23.55.
    (3) Procedures and speeds for continuing a takeoff following engine 
failure in accordance with Sec.  23.59(a)(1) and for following the 
flight path determined under Sec.  23.57 and Sec.  23.61(a).
    (g) For multiengine airplanes, information identifying each 
operating condition in which the fuel system independence prescribed in 
Sec.  23.953 is necessary for safety must be furnished,

[[Page 72310]]

together with instructions for placing the fuel system in a 
configuration used to show compliance with that section.
    (h) For each airplane showing compliance with Sec.  23.1353(g)(2) 
or (g)(3), the operating procedures for disconnecting the battery from 
its charging source must be furnished.
    (i) Information on the total quantity of usable fuel for each fuel 
tank, and the effect on the usable fuel quantity, as a result of a 
failure of any pump, must be furnished.
    (j) Procedures for the safe operation of the airplane's systems and 
equipment, both in normal use and in the event of malfunction, must be 
furnished.


Sec.  23.1587  Performance information.

    Instead of compliance with Sec.  23.1587, the following apply:
    Unless otherwise prescribed, performance information must be 
provided over the altitude and temperature ranges required by Sec.  
23.45(b).
    (a) For all airplanes, the following information must be 
furnished--
    (1) The stalling speeds VSO and VS1 with the landing gear and wing 
flaps retracted, determined at maximum weight under Sec.  23.49, and 
the effect on these stalling speeds of angles of bank up to 60 degrees;
    (2) The steady rate and gradient of climb with all engines 
operating, determined under Sec.  23.69(a);
    (3) The landing distance, determined under Sec.  23.75 for each 
airport altitude and standard temperature, and the type of surface for 
which it is valid;
    (4) The effect on landing distances of operation on other than 
smooth hard surfaces, when dry, determined under Sec.  23.45(g); and
    (5) The effect on landing distances of runway slope and 50 percent 
of the headwind component and 150 percent of the tailwind component.
    (b) Not applicable.
    (c) Not applicable.
    (d) In addition to paragraph (a) of this section, the following 
information must be furnished--
    (1) The accelerate-stop distance determined under Sec.  23.55;
    (2) The takeoff distance determined under Sec.  23.59(a);
    (3) At the option of the applicant, the takeoff run determined 
under Sec.  23.59(b);
    (4) The effect on accelerate-stop distance, takeoff distance and, 
if determined, takeoff run, of operation on other than smooth hard 
surfaces, when dry, determined under Sec.  23.45(g);
    (5) The effect on accelerate-stop distance, takeoff distance, and 
if determined, takeoff run, of runway slope and 50 percent of the 
headwind component and 150 percent of the tailwind component;
    (6) The net takeoff flight path determined under Sec.  23.61(b);
    (7) The enroute gradient of climb/descent with one engine 
inoperative, determined under Sec.  23.69(b);
    (8) The effect, on the net takeoff flight path and on the enroute 
gradient of climb/descent with one engine inoperative, of 50 percent of 
the headwind component and 150 percent of the tailwind component;
    (9) Overweight landing performance information (determined by 
extrapolation and computed for the range of weights between the maximum 
landing and maximum takeoff weights) as follows--
    (i) The maximum weight for each airport altitude and ambient 
temperature at which the airplane complies with the climb requirements 
of Sec.  23.63(d)(2); and
    (ii) The landing distance determined under Sec.  23.75 for each 
airport altitude and standard temperature.
    (10) The relationship between IAS and CAS determined in accordance 
with Sec.  23.1323(b) and (c).
    (11) The altimeter system calibration required by Sec.  23.1325(e).

    Issued in Kansas City, Missouri, on November 18, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-28025 Filed 11-26-08; 8:45 am]
BILLING CODE 4910-13-P