[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Rules and Regulations]
[Pages 76980-76984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30235]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0894; Notice No. 25-13-16-SC]


Special Conditions: Airbus, A350-900 Series Airplane; Interaction 
of Systems and Structures

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions, request for comments.

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

SUMMARY: These special conditions are issued for Airbus Model A350-900 
series airplanes. These airplanes will have novel or unusual design 
features when compared to the state of technology envisioned in the 
airworthiness standards for transport category airplanes. These designs 
features include systems that, directly or as a result of failure or 
malfunction, affect structural performance. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for this design feature. These proposed special conditions 
contain the additional safety standards that the Administrator 
considers necessary to establish a level of safety equivalent to that 
established by the existing airworthiness standards.

DATES: The effective date of these special conditions is December 20, 
2013. We must receive your comments by February 3, 2014.

ADDRESSES: Send comments identified by docket number FAA-2013-0894 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 8 a.m. and 5 p.m., 
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Todd Martin, FAA, Airframe/Cabin 
Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue SW., Renton, Washington, 98057-3356; 
telephone (425) 227-1178; facsimile (425) 227-1320.

SUPPLEMENTARY INFORMATION: 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 will consider all comments we receive by 45 days after 
publication of these special conditions in the Federal Register. We may 
change these special conditions based on the comments we receive.

Background

    On August 25, 2008, Airbus applied for a type certificate for their 
new Model A350-900 series airplane. Later, Airbus requested and the FAA 
approved an extension to the application for FAA type certification to 
June 28, 2009. The Model A350-900 series has a conventional layout with 
twin wing-mounted Rolls-Royce Trent engines. It features a twin aisle 
9-abreast economy class layout, and accommodates side-by-side placement 
of LD-3 containers in the cargo compartment. The basic Model A350-900 
series configuration will accommodate 315 passengers in a standard two-
class arrangement. The design cruise speed is Mach 0.85 with a Maximum 
Take-Off Weight of 602,000 lbs. Airbus proposes the Model A350-900 
series to be certified for extended operations (ETOPS) beyond 180 
minutes at entry into service for up to a 420-minute maximum diversion 
time.
    Special conditions have been applied on past airplane programs in 
order to require consideration of the effects of systems on structures. 
The regulatory authorities and industry developed standardized criteria 
in the Aviation

[[Page 76981]]

Rulemaking Advisory Committee (ARAC) forum based on the criteria 
defined in Advisory Circular 25.672, dated November 11, 1983. The ARAC 
recommendation has been incorporated in European Aviation Safety Agency 
(EASA) Certification Specifications (CS) 25.302 and CS 25 Appendix K. 
FAA rulemaking on this subject is not complete, thus the need for the 
special conditions.

Type Certification Basis

    Under Title 14, Code of Federal Regulations (14 CFR) 21.17, Airbus 
must show that the Model A350-900 series meets the applicable 
provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-
129.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Model A350-900 series because of a 
novel or unusual design feature, special conditions are prescribed 
under Sec.  21.16.
    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.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model A350-900 series 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 defined in 14 CFR 11.19, 
under Sec.  11.38, and they become part of the type-certification basis 
under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Airbus Model A350-900 series will incorporate the following 
novel or unusual design features: Systems that affect the airplane's 
structural performance, either directly or as a result of failure or 
malfunction. That is, the airplane's systems affect how it responds in 
maneuver and gust conditions, and thereby affect is structural 
capability. These systems may also affect the aeroelastic stability of 
the airplane. Such systems include flight control systems, autopilots, 
stability augmentation systems, load alleviation systems, and fuel 
management systems. These systems represent novel and unusual features 
when compared to the technology envisioned in the current airworthiness 
standards.

Discussion

    Airbus A350 series airplanes are equipped with systems that 
directly or as a result of failure or malfunction, affect their 
structural performance. Current regulations do not take into account 
the effects of systems on structural performance including normal 
operation and failure conditions. Special conditions are needed to 
account for these features.
    These special conditions define criteria for assessing the effects 
of these systems on structures. The general approach of accounting for 
the effect of system failures on structural performance would be 
extended to include any system whose partial or complete failure, alone 
or in combination with other system partial or complete failures, would 
affect structural performance.
    The proposed special conditions are similar to those previously 
applied to other airplane models and to CS 25.302. The major 
differences between the proposed special conditions and the current CS 
25.302 are as follows:
    1. Both the special conditions and CS 25.302 specify the design 
load conditions to be considered. In paragraphs e.(1) and f.(2)(i), the 
special conditions clarify that, in some cases, different load 
conditions are to be considered due to other special conditions or 
equivalent level of safety findings.
    2. The special conditions include the additional ground handling 
conditions of Title 14 Code of Federal Regulations (14 CFR) Sec. Sec.  
25.493(d) and 25.503 in paragraph (f)(2)(i). These conditions are 
needed because the A350 has systems that affect braking and pivoting.
    3. Both the special condition (see paragraph (h) below) and CS 
25.302 allow consideration of the probability of being in a dispatched 
configuration when assessing subsequent failures and potential 
``continuation of flight'' loads. The special conditions, however, also 
allow using probability when assessing failures that induce loads at 
the ``time of occurrence,'' whereas CS 25.302 does not.

Applicability

    As discussed above, these special conditions apply to Airbus Model 
A350-900 series airplanes. Should Airbus apply later 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 the Airbus Model A350-900 series airplanes. It is not a rule of 
general applicability.
    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, the FAA has determined 
that prior public notice and comment are unnecessary and impracticable, 
and good cause exists for adopting these special conditions upon 
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 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

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 Airbus Model A350-900 series 
airplanes.
    1. Interaction of systems and structures.
    For airplanes equipped with systems that affect structural 
performance, either directly or as a result of a failure or 
malfunction, the influence of these systems and their failure 
conditions must be taken into account when showing compliance with the 
requirements of Title 14 Code of Federal Regulations (14 CFR) part 25 
subparts C and D.
    The following criteria must be used for showing compliance with 
these special conditions for airplanes equipped with flight control 
systems, autopilots, stability augmentation systems, load alleviation 
systems, flutter control systems, fuel management systems, and other 
systems that either directly or as a result of failure or malfunction 
affect structural performance. If these special conditions are used for 
other systems, it may be necessary to adapt the criteria to that 
specific system.
    (a) The criteria defined herein only address the direct structural

[[Page 76982]]

consequences of the system responses and performances and cannot be 
considered in isolation but should be included in the overall safety 
evaluation of the airplane. These criteria may in some instances 
duplicate standards already established for this evaluation. These 
criteria are only applicable to structure whose failure could prevent 
continued safe flight and landing. Specific criteria that define 
acceptable limits on handling characteristics or stability requirements 
when operating in the system degraded or inoperative mode are not 
provided in this special condition.
    (b) Depending upon the specific characteristics of the airplane, 
additional studies may be required that go beyond the criteria provided 
in these special conditions in order to demonstrate the capability of 
the airplane to meet other realistic conditions such as alternative 
gust or maneuver descriptions for an airplane equipped with a load 
alleviation system.
    (c) The following definitions are applicable to this special 
condition.
    (1) Structural performance: Capability of the airplane to meet the 
structural requirements of 14 CFR part 25.
    (2) Flight limitations: Limitations that can be applied to the 
airplane flight conditions following an in-flight occurrence and that 
are included in the flight manual (e.g., speed limitations, avoidance 
of severe weather conditions, etc.).
    (3) Operational limitations: Limitations, including flight 
limitations, that can be applied to the airplane operating conditions 
before dispatch (e.g., fuel, payload and Master Minimum Equipment List 
limitations).
    (4) Probabilistic terms: The probabilistic terms (probable, 
improbable, extremely improbable) used in this special condition are 
the same as those used in Sec.  25.1309.
    (5) Failure condition: The term failure condition is the same as 
that used in Sec.  25.1309, however this special condition applies only 
to system failure conditions that affect the structural performance of 
the airplane (e.g., system failure conditions that induce loads, change 
the response of the airplane to inputs such as gusts or pilot actions, 
or lower flutter margins).
    (d) General. The following criteria will be used in determining the 
influence of a system and its failure conditions on the airplane 
structure.
    (e) System fully operative. With the system fully operative, the 
following apply:
    (1) Limit loads must be derived in all normal operating 
configurations of the system from all the limit conditions specified in 
Subpart C (or defined by special condition or equivalent level of 
safety in lieu of those specified in Subpart C), taking into account 
any special behavior of such a system or associated functions or any 
effect on the structural performance of the airplane that may occur up 
to the limit loads. In particular, any significant nonlinearity (rate 
of displacement of control surface, thresholds or any other system 
nonlinearities) must be accounted for in a realistic or conservative 
way when deriving limit loads from limit conditions.
    (2) The airplane must meet the strength requirements of part 25 
(static strength, residual strength), using the specified factors to 
derive ultimate loads from the limit loads defined above. The effect of 
nonlinearities must be investigated beyond limit conditions to ensure 
the behavior of the system presents no anomaly compared to the behavior 
below limit conditions. However, conditions beyond limit conditions 
need not be considered when it can be shown that the airplane has 
design features that will not allow it to exceed those limit 
conditions.
    (3) The airplane must meet the aeroelastic stability requirements 
of Sec.  25.629.
    (f) System in the failure condition. For any system failure 
condition not shown to be extremely improbable, the following apply:
    (1) At the time of occurrence. Starting from 1-g level flight 
conditions, a realistic scenario, including pilot corrective actions, 
must be established to determine the loads occurring at the time of 
failure and immediately after failure.
    (i) For static strength substantiation, these loads, multiplied by 
an appropriate factor of safety that is related to the probability of 
occurrence of the failure, are ultimate loads to be considered for 
design. The factor of safety (FS) is defined in Figure 1.
[GRAPHIC] [TIFF OMITTED] TR20DE13.002

    (ii) For residual strength substantiation, the airplane must be 
able to withstand two thirds of the ultimate loads defined in 
subparagraph (f)(1)(i). For pressurized cabins, these loads must be 
combined with the normal operating differential pressure.
    (iii) Freedom from aeroelastic instability must be shown up to the 
speeds defined in Sec.  25.629(b)(2). For failure conditions that 
result in speeds beyond VC/MC, freedom from 
aeroelastic instability must be shown to increased speeds, so that the 
margins intended by Sec.  25.629(b)(2) are maintained.
    (iv) Failures of the system that result in forced structural 
vibrations (oscillatory failures) must not produce loads that could 
result in detrimental deformation of primary structure.
    (2) For the continuation of the flight. For the airplane, in the 
system failed state and considering any appropriate reconfiguration and 
flight limitations, the following apply:

[[Page 76983]]

    (i) The loads derived from the following conditions (or defined by 
special condition or equivalent level of safety in lieu of the 
following conditions) at speeds up to VC/MC, or 
the speed limitation prescribed for the remainder of the flight, must 
be determined:
    (A) The limit symmetrical maneuvering conditions specified in Sec.  
25.331 and in Sec.  25.345.
    (B) the limit gust and turbulence conditions specified in Sec.  
25.341 and in Sec.  25.345.
    (C) the limit rolling conditions specified in Sec.  25.349 and the 
limit unsymmetrical conditions specified in Sec.  25.367 and Sec.  
25.427(b) and (c).
    (D) the limit yaw maneuvering conditions specified in Sec.  25.351.
    (E) the limit ground loading conditions specified in Sec. Sec.  
25.473, 25.491, 25.493(d) and 25.503.
    (ii) For static strength substantiation, each part of the structure 
must be able to withstand the loads in paragraph (f)(2)(i) of the 
special condition multiplied by a factor of safety depending on the 
probability of being in this failure state. The factor of safety is 
defined in Figure 2.
[GRAPHIC] [TIFF OMITTED] TR20DE13.003

Qj = (Tj)(Pj)
Where:
Tj = Average time spent in failure condition j (in hours)
Pj = Probability of occurrence of failure mode j (per hour)

    Note: If Pj is greater than 10-3 per flight hour then 
a 1.5 factor of safety must be applied to all limit load conditions 
specified in Subpart C.

    (iii) For residual strength substantiation, the airplane must be 
able to withstand two thirds of the ultimate loads defined in paragraph 
(f)(2)(ii) of the special condition. For pressurized cabins, these 
loads must be combined with the normal operating differential pressure.
    (iv) If the loads induced by the failure condition have a 
significant effect on fatigue or damage tolerance then their effects 
must be taken into account.
    (v) Freedom from aeroelastic instability must be shown up to a 
speed determined from Figure 3. Flutter clearance speeds V' and V'' may 
be based on the speed limitation specified for the remainder of the 
flight using the margins defined by Sec.  25.629(b).
[GRAPHIC] [TIFF OMITTED] TR20DE13.004

V' = Clearance speed as defined by Sec.  25.629(b)(2).
V'' = Clearance speed as defined by Sec.  25.629(b)(1).
Qj = (Tj)(Pj) where:
Tj = Average time spent in failure condition j (in hours)
Pj = Probability of occurrence of failure mode j (per hour)

    Note: If Pj is greater than 10-3 per flight hour, 
then the flutter clearance speed must not be less than V''.

    (vi) Freedom from aeroelastic instability must also be shown up to 
V' in Figure 3 above, for any probable system failure condition 
combined with any damage required or selected for investigation by 
Sec.  25.571(b).
    (3) Consideration of certain failure conditions may be required by 
other sections of 14 CFR part 25 regardless of calculated system 
reliability. Where analysis shows the probability of these failure 
conditions to be less than 10-9, criteria other than those 
specified in this paragraph may be used for structural substantiation 
to show continued safe flight and landing.

[[Page 76984]]

    (g) Failure indications. For system failure detection and 
indication, the following apply:
    (1) The system must be checked for failure conditions, not 
extremely improbable, that degrade the structural capability below the 
level required by part 25 or significantly reduce the reliability of 
the remaining system. As far as reasonably practicable, the flight crew 
must be made aware of these failures before flight. Certain elements of 
the control system, such as mechanical and hydraulic components, may 
use special periodic inspections, and electronic components may use 
daily checks, in lieu of detection and indication systems to achieve 
the objective of this requirement. These certification maintenance 
requirements must be limited to components that are not readily 
detectable by normal detection and indication systems and where service 
history shows that inspections will provide an adequate level of 
safety.
    (2) The existence of any failure condition, not extremely 
improbable, during flight that could significantly affect the 
structural capability of the airplane and for which the associated 
reduction in airworthiness can be minimized by suitable flight 
limitations, must be signaled to the flight crew. For example, failure 
conditions that result in a factor of safety between the airplane 
strength and the loads of Subpart C below 1.25, or flutter margins 
below V'', must be signaled to the crew during flight.
    (h) Dispatch with known failure conditions. If the airplane is to 
be dispatched in a known system failure condition that affects 
structural performance, or affects the reliability of the remaining 
system to maintain structural performance, then the provisions of this 
special condition must be met, including the provisions of paragraph 
(e) for the dispatched condition, and paragraph (f) for subsequent 
failures. Expected operational limitations may be taken into account in 
establishing Pj as the probability of failure occurrence for 
determining the safety margin in Figure 1. Flight limitations and 
expected operational limitations may be taken into account in 
establishing Qj as the combined probability of being in the dispatched 
failure condition and the subsequent failure condition for the safety 
margins in Figures 2 and 3. These limitations must be such that the 
probability of being in this combined failure state and then 
subsequently encountering limit load conditions is extremely 
improbable. No reduction in these safety margins is allowed if the 
subsequent system failure rate is greater than 10-3 per 
hour.

    Issued in Renton, Washington, on October 22, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-30235 Filed 12-19-13; 8:45 am]
BILLING CODE 4910-13-P