[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Rules and Regulations]
[Pages 25388-25390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12417]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE295; Special Conditions No. 23-235-SC]


Special Conditions: Embraer S.A. Model EMB-505; Full Authority 
Digital Engine Control (FADEC) System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Embraer S.A. Model 
EMB-505 airplane. This airplane will have a novel or unusual design 
feature(s) associated with the use of an electronic engine control 
system instead of a traditional mechanical control system. 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 20, 2009. 
We must receive your comments by June 29, 2009.

ADDRESSES: Mail two copies of your comments to: Federal Aviation 
Administration, Small Airplane Directorate, Attn: Rules Docket (ACE-7), 
Docket No. CE295, 901 Locust, Room 301, Kansas City, Missouri 64106. 
You may deliver two copies to the Small Airplane Directorate at the 
above address. Mark your comments: Docket No. CE295. 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: Peter L. Rouse, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri 
64106; 816-329-4135, 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 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

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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 9, 2006, Embraer S.A. applied for a type certificate for 
their new Model EMB-505. The EMB-505 is a twin engine jet which has 
applied for type certification in the commuter category. As such, the 
airplane is proposed to be type certificated in the commuter category 
of 14 CFR part 23 (and comparable Brazilian requirements RBHA 23) by 
exemption from 14 CFR 23.3(d). The EMB-505 is predominantly of metallic 
construction and is a conventionally configured low-wing monoplane with 
a T-tail and tricycle landing gear. The airplane's maximum takeoff 
weight is 17490 pounds. The VMO/MMO is 320 KCAS/M 
.78, with a maximum operating altitude of 45,000 feet. Requested 
operations are day/night VFR/IFR and icing operations.
    The Embraer S.A. Model EMB-505 airplane is equipped with two Pratt 
and Whitney of Canada 3360 pound thrust PW535E turbofan engines, each 
using an electronic engine control system (FADEC) instead of a 
traditional mechanical control system. Even though the engine control 
system will be certificated as part of the engine, the installation of 
an engine with an electronic control system requires evaluation due to 
critical environmental effects and possible effects on or by other 
airplane systems. For example, indirect effects of lightning, radio 
interference with other airplane electronic systems, shared engine and 
airplane data and power sources.
    The regulatory requirements in 14 CFR part 23 for evaluating the 
installation of complex systems, including electronic systems and 
critical environmental effects, are contained in Sec.  23.1309. 
However, when Sec.  23.1309 was developed, the use of electronic 
control systems for engines was not envisioned. Therefore, the Sec.  
23.1309 requirements were not applicable to systems certificated as 
part of the engine (reference Sec.  23.1309(f)(1)). Although the parts 
of the system that are not certificated with the engine could be 
evaluated using the criteria of Sec.  23.1309, the integral nature of 
systems such as these makes it unfeasible to evaluate the airplane 
portion of the system without including the engine portion of the 
system.
    In some cases, the airplane that the engine is used in will 
determine a higher classification (Advisory Circular (AC) 23.1309) than 
the engine controls are certificated for, which will require that the 
FADEC/DEEC systems be analyzed at a higher classification. Since 
November 2005, FADEC special conditions have mandated the 
classification for Sec.  23.1309 analysis for loss of FADEC control as 
catastrophic for any airplane. This is not to imply that an engine 
failure is classified as catastrophic, but that the digital engine 
control must provide an equivalent reliability to mechanical engine 
controls.

Type Certification Basis

    Under the provisions of 14 CFR Sec.  21.17, Embraer S.A. must show 
that the Model EMB-505 meets the applicable provisions of 14 CFR part 
23, as amended by Amendments 23-1 through 23-55, 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 Model EMB-505 because of a novel 
or unusual design feature, special conditions are prescribed under the 
provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model EMB-505 must comply with the fuel vent and 
exhaust emission requirements of 14 CFR part 34 and the noise 
certification requirements of 14 CFR part 36, and the FAA must issue a 
finding of regulatory adequacy under Sec.  611 of Public Law 92-574, 
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as appropriate, as defined in 
11.19, under Sec.  11.38, and they become part of the type 
certification basis under 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.

Novel or Unusual Design Features

    The Embraer S.A. Model EMB-505 will incorporate the following novel 
or unusual design features:
    Electronic engine control system.

Applicability

    As discussed above, these special conditions are applicable to the 
Model EMB-505. Should Embraer S.A. 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.

Conclusion

    This action affects only certain novel or unusual design features 
on one model, Model EMB-505, of airplane. 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.
    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 Embraer 
S.A. Model EMB-505 is imminent, the FAA finds that good cause exists to 
make these special conditions effective upon issuance.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    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 
21.17; and 14 CFR 11.38 and 11.19.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for the Embraer S.A. Model EMB-505 
airplanes.

1. Electronic Engine Control

    The installation of the electronic engine control system must 
comply with the requirements of Sec.  23.1309(a) through (e) at 
Amendment 23-55. The intent of this requirement is not to reevaluate 
the inherent hardware

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reliability of the control itself, but rather determine the effects, 
including environmental effects addressed in Sec.  23.1309(e), on the 
airplane systems and engine control system when installing the control 
on the airplane. When appropriate, engine certification data may be 
used when showing compliance with this requirement; however, the 
effects of the installation on this data must be addressed.
    For these evaluations, the loss of FADEC control will be analyzed 
utilizing the threat levels associated with a catastrophic failure.

    Issued in Kansas City, Missouri on May 20, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-12417 Filed 5-27-09; 8:45 am]
BILLING CODE 4910-13-P