[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Rules and Regulations]
[Pages 62474-62478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28204]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE303; Special Conditions No. 23-243-SC]


Special Conditions: Embraer S.A., Model EMB-505; High Altitude 
Operations

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 operation at altitudes not previously 
envisioned. 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 12, 
2009. We must receive your comments by December 30, 2009.

[[Page 62475]]


ADDRESSES: Mail two copies of your comments to: Federal Aviation 
Administration, Regional Counsel, ACE-7, Attn: Rules Docket No. CE303, 
901 Locust, Kansas City, MO 64106. You may deliver two copies to the 
Regional Counsel at the above address. Mark your comments: Docket No. 
CE303. 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: Leslie B. Taylor, Federal Aviation 
Administration, Small Airplane Directorate, Aircraft Certification 
Service, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816) 
329-4134; facsimile (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 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 
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 17,490 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 FAA issues high altitude special conditions for normal, 
commuter and transport category airplanes when the certificated 
altitude exceeds human physiological limits.
    Damage tolerance methods are proposed to be used to assure pressure 
vessel integrity while operating at the higher altitudes. Crack growth 
data is used to prescribe an inspection program which will detect 
cracks before an opening in the pressure vessel would allow rapid 
depressurization. Initial crack sizes for detection are determined 
under Sec.  23.571, Amendment 23-55. The cabin altitude after failure 
may not exceed specified limits.
    In order to ensure that there is adequate fresh air for crewmembers 
to perform their duties, to provide reasonable passenger comfort, and 
to enable occupants to better withstand the effects of decompression at 
high altitudes, the ventilation system must be designed to provide 10 
cubic feet of fresh air per minute per person during normal operations. 
Therefore, these special conditions require that crewmembers and 
passengers be provided with 10 cubic feet of fresh air per minute per 
person. In addition, during the development of the supersonic transport 
special conditions, it was noted that certain pressurization failures 
resulted in hot ram or bleed air being used to maintain pressurization. 
Such a measure can lead to cabin temperatures that exceed human 
tolerance limits following probable and improbable failures.
    Continuous flow passenger oxygen equipment is certificated for use 
up to 40,000 feet; however, for rapid decompressions above 34,000 feet, 
reverse diffusion leads to low oxygen partial pressures in the lungs, 
to the extent that a small percentage of passengers may lose useful 
consciousness at 35,000 feet. The percentage increases to an estimated 
60 percent at 40,000 feet, even with the use of the continuous flow 
system. To prevent permanent physiological damage, the cabin altitude 
must not exceed 25,000 feet for more than 2 minutes, or 40,000 feet for 
any time period. The maximum peak cabin altitude of 40,000 feet is 
consistent with the standards established for previous certification 
programs. In addition, at these altitudes the other aspects of 
decompression sickness have a significant, detrimental effect on pilot 
performance (for example, a pilot can be incapacitated by internal 
expanding gases).
    Decompression above 37,000 feet can result in cabin altitudes that 
approach the physiological limits of the average person; therefore, 
every effort must be made to provide the pilot with adequate oxygen 
equipment to withstand these severe decompressions. Reducing the time 
interval between pressurization failure and the time the pilot receives 
oxygen will provide a safety margin against being incapacitated and can 
be accomplished by the use of mask-mounted regulators. The special 
condition therefore requires pressure demand masks with mask-mounted 
regulators for the flightcrew. This combination of equipment will 
provide the best practical protection for the failures covered by the 
special conditions and for improbable failures not covered by the 
special conditions, provided the cabin altitude is limited.

Type Certification Basis

    Under the provisions of 14 CFR part 21, 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

[[Page 62476]]

adequacy under Sec.  611 of Public Law 92-574, the ``Noise Control Act 
of 1972.''
    The FAA issues special conditions, as defined in Sec.  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:
    Operations at altitudes not envisioned by 14 CFR part 23.

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

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 
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. Pressure Vessel Integrity

    a. The maximum extent of failure and pressure vessel opening that 
can be demonstrated to comply with paragraph 4 (Pressurization) of this 
special condition must be determined. It must be demonstrated by crack 
propagation and damage tolerance analysis supported by testing that a 
larger opening or a more severe failure than demonstrated will not 
occur in normal operations.
    b. Inspection schedules and procedures must be established to 
ensure that cracks and normal fuselage leak rates will not deteriorate 
to the extent that an unsafe condition could exist during normal 
operation.
    c. For the flight evaluation of the rapid descent, the test article 
must have the cabin volume representative of what is expected to be 
normal, such that Embraer must reduce the total cabin volume by that 
which would be occupied by the furnishings and total number of people.

2. Ventilation

    In lieu of the requirements of Sec.  23.831(a), the ventilation 
system must be designed to provide a sufficient amount of 
uncontaminated air to enable the crewmembers to perform their duties 
without undue discomfort or fatigue, and to provide reasonable 
passenger comfort during normal operating conditions and also in the 
event of any probable failure of any system which could adversely 
affect the cabin ventilating air. For normal operations, crewmembers 
and passengers must be provided with at least 10 cubic feet of fresh 
air per minute per person, or the equivalent in filtered, recirculated 
air based on the volume and composition at the corresponding cabin 
pressure altitude of not more than 8,000 feet.

3. Air Conditioning

    In addition to the requirements of Sec.  23.831, paragraphs (b) 
through (e), the cabin cooling system must be designed to meet the 
following conditions during flight above 15,000 feet mean sea level 
(MSL):
    a. After any probable failure, the cabin temperature-time history 
may not exceed the values shown in Figure 1.
    b. After any improbable failure, the cabin temperature-time history 
may not exceed the values shown in Figure 2.

4. Pressurization

    In addition to the requirements of Sec.  23.841, the following 
apply:
    a. The pressurization system, which includes for this purpose bleed 
air, air conditioning, and pressure control systems, must prevent the 
cabin altitude from exceeding the cabin altitude-time history shown in 
Figure 3 after each of the following:
    (1) Any probable malfunction or failure of the pressurization 
system. The existence of undetected, latent malfunctions or failures in 
conjunction with probable failures must be considered.
    (2) Any single failure in the pressurization system combined with 
the occurrence of a leak produced by a complete loss of a door seal 
element, or a fuselage leak through an opening having an effective area 
2.0 times the effective area which produces the maximum permissible 
fuselage leak rate approved for normal operation, whichever produces a 
more severe leak.
    b. The cabin altitude-time history may not exceed that shown in 
Figure 4 after each of the following:
    (1) The maximum pressure vessel opening resulting from an initially 
detectable crack propagating for a period encompassing four normal 
inspection intervals. Mid-panel cracks and cracks through skin-stringer 
and skin-frame combinations must be considered.
    (2) The pressure vessel opening or duct failure resulting from 
probable damage (failure effect) while under maximum operating cabin 
pressure differential due to a tire burst, engine rotor burst, loss of 
antennas or stall warning vanes, or any probable equipment failure 
(bleed air, pressure control, air conditioning, electrical source(s), 
etc.) that affects pressurization.
    (3) Complete loss of thrust from all engines.
    c. In showing compliance with paragraphs 4a and 4b of these special 
conditions (Pressurization), it may be assumed that an emergency 
descent is made by an approved emergency procedure. A 17-second crew 
recognition and reaction time must be applied between cabin altitude 
warning and the initiation of an emergency descent.

5. Oxygen Equipment and Supply

    a. In addition to the requirements of Sec.  23.1441(d), the 
following applies: A quick-donning oxygen mask system with a pressure-
demand, mask mounted regulator must be provided for the flightcrew. It 
must be shown that each quick-donning mask can, with one hand and 
within 5 seconds, be placed on the face from its ready position, 
properly secured, sealed, and supplying oxygen upon demand.
    b. In addition to the requirements of Sec.  23.1443, the following 
applies: A

[[Page 62477]]

continuous flow oxygen system must be provided for each passenger.
    c. In addition to the requirements of Sec.  23.1445, the following 
applies: If the flightcrew and passengers share a common source of 
oxygen, a means to separately reserve the minimum supply required by 
the flightcrew must be provided.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TR30NO09.005


[[Page 62478]]


[GRAPHIC] [TIFF OMITTED] TR30NO09.006

[GRAPHIC] [TIFF OMITTED] TR30NO09.007


    Issued in Kansas City, Missouri on November 12, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-28204 Filed 11-27-09; 8:45 am]
BILLING CODE 4910-13-C