[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63560-63563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28896]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE302; Special Conditions No. 23-242-SC]


Special Conditions: Embraer S.A. Model EMB-505; Flight 
Performance, Flight Characteristics, High Speed Conditions, and 
Operating Limitations

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. The EMB 505 is an all-new, high-performance, sweep 
wing, twin turbofan powered aircraft. This airplane will have a novel 
or unusual design feature(s) which include turbofan engines, aft engine 
location, new avionics, a trimmable horizontal tail, and performance 
characteristics inherent in this type of airplane that were not 
envisioned by the existing regulations. In addition, this airplane is a 
jet airplane being certificated in the commuter category by exemption. 
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 25, 
2009.
    We must receive your comments by January 4, 2010.

ADDRESSES: Mail two copies of your comments to: Federal Aviation 
Administration, Regional Counsel, ACE-7, Attn: Rules Docket No. CE302, 
901 Locust, Kansas City, Missouri 64106. You may deliver two copies to 
the Regional Counsel at the above address. Mark your comments: Docket 
No. CE302. 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 
64106; 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 design 
approval and thus delivery of the affected aircraft. In addition, the 
substance of these special conditions has been subject to the public 
comment process in several prior instances with no substantive comments 
received. The FAA therefore finds that good cause exists for making 
these special conditions effective upon issuance.

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data. We ask 
that you send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
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 Model EMB-505 is a commuter category, low-
winged monoplane with ``T'' tailed vertical and horizontal stabilizers, 
retractable tricycle type landing gear and twin turbofan engines 
mounted on the aircraft fuselage. Its design characteristics include a 
predominance of metallic construction. The maximum takeoff weight is 
17,967 pounds, the VMO/MMO is 320 KCAS/M 0.78 and 
maximum altitude is 45,000 feet.
    For the past decade, the Federal Aviation Administration (FAA) has 
applied special conditions to jets. The

[[Page 63561]]

special conditions have varied based on the jet's performance, but in 
general jets weighing more than 6,000 lbs. have had the commuter 
category performance requirements applied. Since this is a commuter 
category airplane, most of the existing jet special conditions are 
contained in part 23 and already apply. Existing part 23 flying 
qualities requirements tend to provide a higher level of safety than 
part 25 (to address a lower pilot skill base), so there is little 
change needed for jets except for the allowance of turbojet related 
terms such as VFC/MFC and VDF/
MDF. Special conditions for flying qualities, stability, and 
control also reflect speed ranges appropriate for this class of jet. 
High speed conditions including flutter, vibration, and high speed 
characteristics have been applied to jets depending on their speed 
range and configuration. Since the EMB Model 505 will have a trimmable 
horizontal tail, operate above 25,000 ft., and have a MD 
greater than M0.6, it will have all of the high speed special 
conditions applied to it. These special conditions come directly from 
part 25.
    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 paragraph 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. For example, Sec.  23.141 states, 
``The airplane must meet the requirements of Sec.  23.143 through Sec.  
23.253 * * *'' Within this range of paragraphs, there are special 
conditions associated with Sec.  23.177, Sec.  23.203, Sec.  23.252, 
and Sec.  23.253. The special conditions associated with these 
paragraphs supersede the original paragraphs and must be applied. This 
principle applies to all part 23 paragraphs that cross-reference 
paragraphs associated with special conditions.

Type Certification Basis

    Under the provisions of 14 CFR part 23 Sec.  23.141, Embraer S.A. 
must show that the Model EMB-505 meets the applicable provisions of 14 
CFR part 23, as amended by Sec. Sec.  23.143 through 23.253, 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:
    Flight Performance, Flight Characteristics, High Speed Conditions, 
and Operating Limitations.

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

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 S. A. Model EMB-505 
airplanes.
    The following special conditions will apply:
    1. SC 23.177 Static directional and lateral stability.
    Instead of compliance with Sec.  23.177, the following apply:
    (a) The static directional stability, as show 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, 
VNO, 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) 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

[[Page 63562]]

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.
    2. SC 23.181 Dynamic stability.
    Instead of compliance with Sec.  23.181(d), the following apply:
    (d) During the conditions as specified in Sec.  23.175, when the 
longitudinal control force required to maintain speeds differing from 
the trim speed by at least plus and minus 15 percent or 15 kts, 
whichever is less, is released, the response of the airplane must not 
exhibit any dangerous characteristics nor be excessive in relation to 
the magnitude of the control force released. Any long-period 
oscillation of flight path, phugoid oscillation, that results must not 
be so unstable as to increase the pilot's workload or otherwise 
endanger the airplane.
    3. SC 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 
1.6VS1 (where VS1 corresponds to the stalling 
speed with flaps in the approach position, the landing gear retracted, 
and maximum landing weight).
    (3) Trim at 1.4VS1 or the minimum trim speed, whichever 
is higher.
    4. SC 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 
1.6VS1 (where VS1 corresponds to the stalling 
speed with flaps in the approach position, the landing gear retracted, 
and maximum landing weight).
    (3) Trim at 1.4VS1 or the minimum trim speed, whichever 
is higher.
    5. SC 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 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.  SC 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.
    6. SC 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.  
SC 23.177, and Sec.  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.
    7. SC 23.255 Out-of-trim characteristics.
    In the absence of specific requirements for out-of-trim 
characteristics, apply the following:
    (a) From an initial condition with the airplane trimmed at cruise 
speeds up to VMO/MMO, the airplane must have 
satisfactory maneuvering stability and controllability with the degree 
of out-of-trim in both the airplane nose-up and nose-down directions, 
which results from the greater of the following:
    (1) A three-second movement of the longitudinal trim system at its 
normal rate for the particular flight condition with no aerodynamic 
load (or an equivalent degree of trim for airplanes that do not have a 
power-operated trim system), except as limited by stops in the trim 
system, including those required by Sec.  23.655(b) for adjustable 
stabilizers; or
    (2) The maximum mis-trim that can be sustained by the autopilot 
while maintaining level flight in the high speed cruising condition.
    (b) In the out-of-trim condition specified in paragraph (a) of this 
special condition, when the normal acceleration is varied from +l g to 
the positive and negative values specified in paragraph

[[Page 63563]]

(c) of this special condition, the following apply:
    (1) The stick force versus g curve must have a positive slope at 
any speed up to and including VFC/MFC; and
    (2) At speeds between VFC/MFC and 
VDF/MDF, the direction of the primary 
longitudinal control force may not reverse.
    (c) Except as provided in paragraph (d) and (e) of this special 
condition, compliance with the provisions of paragraph (a) of this 
special condition must be demonstrated in flight over the acceleration 
range as follows:
    (1) -1 g to +2.5 g; or
    (2) 0 g to 2.0 g, and extrapolating by an acceptable method to -1 g 
and +2.5 g.
    (d) If the procedure set forth in paragraph (c)(2) of this special 
condition is used to demonstrate compliance and marginal conditions 
exist during flight test with regard to reversal of primary 
longitudinal control force, flight tests must be accomplished from the 
normal acceleration at which a marginal condition is found to exist to 
the applicable limit specified in paragraph (b)(1) of this special 
condition.
    (e) During flight tests required by paragraph (a) of this special 
condition, the limit maneuvering load factors, prescribed in Sec. Sec.  
23.333(b) and 23.337, need not be exceeded. Also, the maneuvering load 
factors associated with probable inadvertent excursions beyond the 
boundaries of the buffet onset envelopes determined under special 
condition SC 23.251(e), need not be exceeded. In addition, the entry 
speeds for flight test demonstrations at normal acceleration values 
less than 1 g must be limited to the extent necessary to accomplish a 
recovery without exceeding VDF/MDF.
    (f) In the out-of-trim condition specified in paragraph (a) of this 
special condition, it must be possible from an over speed condition at 
VDF/MDF to produce at least 1.5 g for recovery by 
applying not more than 125 pounds of longitudinal control force using 
either the primary longitudinal control alone or the primary 
longitudinal control and the longitudinal trim system. If the 
longitudinal trim is used to assist in producing the required load 
factor, it must be shown at VDF/MDF that the 
longitudinal trim can be actuated in the airplane nose-up direction 
with the primary surface loaded to correspond to the least of the 
following airplane nose-up control forces:
    (1) The maximum control forces expected in service, as specified in 
Sec. Sec.  23.301 and 23.397.
    (2) The control force required to produce 1.5 g.
    (3) The control force corresponding to buffeting or other phenomena 
of such intensity that is a strong deterrent to further application of 
primary longitudinal control force.
    8. SC 23.1323 Airspeed indicating system.
    Instead of compliance with Sec.  23.1323(e), 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 determined between 0.8 of the 
minimum value of V1 to 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.
    9. SC 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.  SC 23.253.

    Issued in Kansas City, Missouri, on November 25, 2009.
Margaret Kline,
Acting Manager, Small Airplane Directorate,
    Aircraft Certification Service.
[FR Doc. E9-28896 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-13-P