[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Rules and Regulations]
[Pages 41419-41422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16643]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No.FAA-2014-0100; Notice No. 25-557-SC]


Special Conditions: Embraer S.A., Model EMB-550 Airplane; 
Operation Without Normal Electrical Power

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-550 airplanes. This airplane will have a novel or unusual design 
feature associated with electrical and electronic systems that perform 
critical functions, the loss of which could be catastrophic to the 
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.

[[Page 41420]]


DATES: The effective date of these special conditions is July 16, 2014. 
We must receive your comments by August 15, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0100 
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 9 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: Stephen Slotte, FAA, Airplane and 
Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-2315; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: 
    The FAA has determined that notice of, and opportunity for prior 
public comment on, these special conditions is 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 publication in the Federal 
Register.

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 on or before the closing 
date for comments. We may change these special conditions based on the 
comments we receive.

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for 
its new Model EMB-550 airplane. The Model EMB-550 airplane is the first 
of a new family of jet airplanes designed for corporate flight, 
fractional, charter, and private owner operations. The airplane has a 
configuration with low wing and T-tail empennage. The primary structure 
is metal with composite empennage and control surfaces. The Model EMB-
550 airplane is designed for eight (8) passengers, with a maximum of 
twelve (12) passengers. It is equipped with two Honeywell AS907-3-1E 
medium bypass ratio turbofan engines mounted on aft fuselage pylons. 
Each engine produces approximately 6,540 pounds of thrust for normal 
takeoff.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.17, Embraer S.A. must show that the Model EMB-550 meets the 
applicable provisions of part 25 as amended through Amendments 25-1 
through 25-127 thereto.
    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 EMB-550 airplane because of 
a novel or unusual design feature, special conditions are prescribed 
under the provisions of 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 or similar 
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 EMB-550 airplane 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 section 611 of Public Law 92 574, 
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 airplane will incorporate the following novel or 
unusual design feature: Electrical and electronic systems that perform 
critical functions. Examples of these systems include the electronic 
displays, electronic flight controls, and electronic engine controls.
    The applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for these design features. 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.

Discussion

    The Model EMB-550 incorporates an electronic flight control system 
that requires a continuous source of electrical power in order to keep 
the system operable. The criticality of this system is such that its 
failure will either reduce the capability of the airplane or the 
ability of the crew to cope with adverse operating conditions, or 
prevent continued safe flight and landing of the airplane. The 
airworthiness standards of part 25 do not contain adequate or 
appropriate standards for protection of these systems from the adverse 
effects of operation without normal electrical power.
    The current rule, Sec.  25.1351(d), Amendment 25-72, requires safe 
operation under visual flight rules (VFR) conditions for at least five 
minutes after loss of all normal electrical power. This rule was 
structured around traditional airplane designs that used mechanical 
control cables and linkages for flight control. These manual controls 
allowed the crew to maintain aerodynamic control of the airplane for an 
indefinite period of time after loss of all electrical power. Under 
these conditions, the

[[Page 41421]]

mechanical flight control system provided the crew with the ability to 
fly the airplane while attempting to identify the cause of the 
electrical failure, start the engine(s) if necessary, and reestablish 
some of the electrical power generation capability, if possible.
    To maintain the same level of safety associated with traditional 
designs, the Model EMB-550 must be designed for operation with the 
normal sources of engine and auxiliary power unit (APU)-generated 
electrical power inoperative. Service experience has shown that loss of 
all electrical power from the airplane's engine and APU-driven 
generators is not extremely improbable. Thus, Embraer must demonstrate 
that the airplane is capable of recovering adequate primary electrical 
power generation for safe flight and landing.
    The emergency electrical power system must be designed to supply:
    1. Electrical power required for immediate safety, which must 
continue to operate without the need for crew action following the loss 
of the normal engine (which includes APU power) generator electrical 
power system;
    2. Electrical power required for continued safe flight and landing; 
and
    3. Electrical power required to restart the engines.

Applicability

    As discussed above, these special conditions are applicable to the 
Embraer S.A. Model EMB-550 airplane. 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 airplane model. 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, 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 upon publication in the Federal Register. 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

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-550 
airplane.

Operation Without Normal Electrical Power

    In lieu of 14 CFR 25.1351(d) the following special conditions apply 
to ensure that the airplane has sufficient electrical power for 
continued safe flight and landing.
    1. The applicant must show by test or a combination of test and 
analysis that the airplane is capable of continued safe flight and 
landing with all normal electrical power sources inoperative, as 
prescribed by paragraphs (1)(a) and (1)(b) below.
    For purposes of these special conditions, normal sources of 
electrical-power generation do not include any alternate power sources 
such as a battery, ram-air turbine (RAT), or independent power systems 
such as a flight-control permanent-magnet generating system.
    In showing capability for continued safe flight and landing, 
consideration must be given to systems capability, effects on crew 
workload and operating conditions, and the physiological needs of the 
flightcrew and passengers for the longest diversion time for which 
approval is sought.
    a. Common-cause failures, cascading failures, and zonal physical 
threats must be considered in showing compliance with this requirement.
    b. The ability to restore operation of portions of the electrical-
power generation and distribution system may be considered if it can be 
shown that unrecoverable loss of those portions of the system is 
extremely improbable. An alternative source of electrical power must be 
provided for the time required to restore the minimum electrical-power-
generation capability required for safe flight and landing. 
Unrecoverable loss of all engines may be excluded when showing that 
unrecoverable loss of critical portions of the electrical system is 
extremely improbable. Unrecoverable loss of all engines is covered in 
special condition 2, below, and thus may be excluded when showing 
compliance with this requirement.
    2. Regardless of any electrical-generation and distribution-system 
recovery capability shown under special condition 1, above, sufficient 
electrical-system capability must be provided to:
    a. Allow time to descend, with all engines inoperative, at the 
speed that provides the best glide slope, from the maximum operating 
altitude to the altitude at which the soonest possible engine restart 
could be accomplished, and
    b. Subsequently allow multiple start attempts of the engines and 
APU. This capability must be provided in addition to the electrical 
capability required by existing part 25 requirements related to 
operation with all engines inoperative.
    3. The airplane emergency electrical-power system must be designed 
to supply:
    a. Electrical power required for immediate safety, which must 
continue to operate without the need for crew action following the loss 
of the normal electrical power, for a duration sufficient to allow 
reconfiguration to provide a non-time-limited source of electrical 
power.
    b. Electrical power required for continued safe flight and landing 
for the maximum diversion time.
    4. If APU-generated electrical power is used in satisfying the 
requirements of these special conditions, and if reaching a suitable 
runway upon which to land is beyond the capacity of the battery 
systems, then the APU must be able to be started under any foreseeable 
flight condition prior to the depletion of the battery or the 
restoration of normal electrical power, whichever occurs first. Flight 
tests must demonstrate this capability at the most critical condition.
    a. It must be shown that the APU will provide adequate electrical 
power for continued safe flight and landing.
    b. The operating limitations section of the airplane flight manual 
(AFM) must incorporate non-normal procedures that direct the pilot to 
take appropriate actions to activate the APU after loss of normal 
engine-driven generated electrical power.
    As a part of showing compliance with these special conditions, the 
tests by which loss of all normal electrical power is demonstrated must 
also take into account the following:
    1. The failure condition should be assumed to occur during night 
IMC, at the most critical phase of the flight, relative to the worst 
possible electrical-

[[Page 41422]]

power distribution and equipment-loads-demand condition.
    2. After the un-restorable loss of normal engine generator power, 
the airplane-engine-restart capability must be provided and operations 
continued in IMC.
    3. It should be demonstrated that the aircraft is capable of 
continued safe flight and landing. The length of time must be computed 
based on the maximum diversion-time capability for which the airplane 
is being certified. Consideration for airspeed reductions resulting 
from the associated failure or failures must be made.
    4. The airplane must provide adequate indication of loss of normal 
electrical power to direct the pilot to the non-normal procedures, and 
the operating limitations section of the AFM must incorporate non-
normal procedures that will direct the pilot to take appropriate 
actions.

    Issued in Renton, Washington, on June 17, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-16643 Filed 7-15-14; 8:45 am]
BILLING CODE 4910-13-P