[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4577-4579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01583]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-5878; Special Conditions No. 25-608-SC]


Special Conditions: Dassault Aviation, Model Falcon 2000EX 
Airplanes, Head-Up Display (HUD) With Vision-System Video

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for Dassault Aviation 
Model Falcon 2000EX airplanes. This airplane will have a novel or 
unusual design feature associated with a vision system that displays 
video imagery on the head-up display (HUD). 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: This action is effective on Dassault Aviation on January 27, 
2016. We must receive your comments by March 14, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-5878 
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 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: Dale Dunford, FAA, Airplane and 
Flightcrew Interface, ANM-111, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-2239; facsimile 425-227-1100.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions are 
impracticable because these procedures would significantly delay 
issuance of the design approval and thus delivery of the affected 
airplane. 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 by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    On September 24, 2012, the European Aviation Safety Agency (EASA), 
on behalf of Dassault Aviation, applied for a design change to type 
certificate no. A50NM to install the Elbit Systems head-up display, 
which is an enhanced-flight vision system (EFVS) and synthetic vision 
system (SVS). The change includes the display of a vision-system video 
on the HUD.
    Video display on the HUD constitutes new and unusual technology for 
which the FAA has no certification criteria. Title 14, Code of Federal 
Regulations (14 CFR) 25.773 does not permit visual distortions and 
reflections in the pilot's view out the airplane windshield that could 
interfere with the pilot's normal duties, and was not written in 
anticipation of such technology. Special conditions are therefore 
issued as prescribed under the provisions of Sec.  21.16.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Dassault Aviation must show 
that the Model Falcon 2000EX airplane, as changed, continues to meet 
the applicable provisions of the regulations listed in type certificate 
no. A50NM, or the applicable regulations in effect on the date of 
application for the change, except for earlier amendments as agreed 
upon by the FAA. The regulations listed in the type certificate are 
commonly referred to as the ``original type certification basis.'' The 
regulations listed in type certificate no. A50NM are as follows:
    14 CFR part 25, effective February 1, 1965, including the latest 
applicable requirements of Amendments 25-1 through 25-98. In addition, 
the certification basis includes certain special conditions, 
exemptions, or later amended sections of the applicable part that are 
not relevant to these special conditions.
    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 Falcon 2000EX 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 novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, these special conditions would also apply to 
the other model under Sec.  21.101.

[[Page 4578]]

    In addition to the applicable airworthiness regulations and special 
conditions, the Dassault Aviation Model Falcon 2000EX 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.
    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.  21.101.

Novel or Unusual Design Features

    The Model Falcon 2000EX airplane will incorporate the following 
novel or unusual design feature:
    Enhanced-flight vision system and synthetic vision system that 
display video imagery on a HUD.

Discussion

    For many years the FAA has approved, on transport-category 
airplanes, the use of HUD that display flight symbols without a 
significant visual obstruction of the outside view. When the FAA began 
to evaluate the display of enhanced vision-system (EVS) imagery on the 
HUD, significant potential to obscure the outside view became apparent, 
contrary to the requirements of 14 CFR 25.773. This rule does not 
permit distortions and reflections in the pilot-compartment view, 
through the airplane windshield, that interferes with normal duties, 
and the rule was not written in anticipation of such technology. The 
video image potentially interferes with the pilot's ability to see the 
natural scene in the center of the forward field of view. Therefore, 
the FAA issued special conditions for such HUD/EVS installations to 
ensure that the level of safety required by Sec.  25.773 would be met 
even when the image might partially obscure the outside view. While 
many of the characteristics of EVS and SVS video differ in some ways, 
they have one thing in common: The potential for interference with the 
outside view through the airplane windshield.
    Although the pilot readily may be able to see around and through 
small, individual, stroke-written symbols on the HUD, the pilot may not 
be able to see, without some interference of the outside view, around 
or through the image that fills the display. Nevertheless, the vision-
system video may be capable of meeting the required level of safety 
when considering the combined view of the image and the outside scene 
visible to the pilot through the image. It is essential that the pilot 
can use this combination of image and natural view of the outside scene 
as safely and effectively as the pilot-compartment view currently 
available without the vision-system image.
    Because Sec.  25.773 does not provide for any alternatives or 
considerations for such a new and novel system, the FAA establishes 
safety requirements that assure an equivalent level of safety and 
effectiveness of the pilot-compartment view as intended by that rule. 
The purpose of these special conditions is to provide the unique pilot-
compartment-view requirements for the EFVS/SVS installation.

Applicability

    As discussed above, these special conditions are applicable to the 
Dassault Aviation Model Falcon 2000EX airplane. Should the applicant 
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 Dassault Aviation Model Falcon 2000EX airplanes. It is not a rule of 
general applicability.
    The substance of these special conditions has been subjected to the 
public 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 HUD/EVS 
modification to the Falcon 2000EX 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 requests 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 Dassault Aviation Falcon 2000EX 
airplanes.
    1. During any phase of flight in which it is to be used, the 
vision-system video imagery on the HUD must not degrade flight safety 
or interfere with the effective use of outside visual references for 
required pilot tasks.
    2. To avoid unacceptable interference with the safe and effective 
use of the pilot-compartment view, the vision system must meet the 
following requirements:
    a. The vision-system design must minimize unacceptable display 
characteristics or artifacts (e.g., terrain shadowing against a dark 
background) that obscure the desired image of the scene, impair the 
pilot's ability to detect and identify visual references, mask flight 
hazards, distract the pilot, or otherwise degrade task performance or 
safety.
    b. Control of vision-system display brightness must be sufficiently 
effective in dynamically changing background (ambient) lighting 
conditions to avoid pilot distraction, impairment of the pilot's 
ability to detect and identify visual references, masking of flight 
hazards, or to otherwise degrade task performance or safety. If 
automatic control for image brightness is not provided, it must be 
shown that a single, manual setting is satisfactory for the range of 
lighting conditions encountered during a time-critical, high-workload 
phase of flight (e.g., low-visibility instrument approach).
    c. A readily accessible control must be provided that permits the 
pilot to immediately deactivate and reactivate display of the vision-
system video image on demand, without having to remove hands from the 
primary flight controls (yoke or equivalent) or thrust control.
    d. The vision-system video image on the HUD must not impair the 
pilot's use of guidance information, or degrade the presentation and 
pilot awareness of essential flight information displayed on the HUD, 
such as alerts, airspeed, attitude, altitude and direction, approach 
guidance, windshear guidance, TCAS resolution advisories, or unusual-
attitude recovery cues.
    e. The vision-system video image and the HUD symbols, which are 
spatially referenced to the pitch scale, outside view, and image, must 
be scaled and aligned (i.e., conformal) to the external scene. In 
addition, the vision-system video image and the HUD symbols--when 
considered singly or in combination--must not be misleading, cause 
pilot confusion, or increase

[[Page 4579]]

workload. Airplane attitudes or cross-wind conditions may cause certain 
symbols and graphic elements (e.g., the zero-pitch line or flight-path 
vector) to reach field-of-view limits, such that they cannot be 
positioned in alignment with the image and external scene. In such 
cases, these symbols may be displayed but with an altered appearance 
(``ghosting'') that makes the pilot aware that the symbols and graphics 
are no longer displayed conformally. The combined use of symbols and 
runway image may not be used for path monitoring when path symbols are 
no longer conformal (i.e., in alignment with the real-world view out 
the airplane window).
    f. A HUD system used to display vision-system video images must, if 
previously certified, continue to meet all of the requirements of the 
original approval.
    3. The safety and performance of the pilot tasks associated with 
the use of the pilot-compartment view must be not be degraded by the 
display of the vision-system video image. These tasks include the 
following:
    a. Detection, accurate identification, and maneuvering, as 
necessary, to avoid traffic, terrain, obstacles, and other flight 
hazards.
    b. Accurate identification and utilization of visual references 
required for every task relevant to the phase of flight.
    4. Appropriate limitations must be stated in the Operating 
Limitations section of the Airplane Flight Manual to prohibit the use 
of vision systems for functions that have not been found to be 
acceptable.

    Issued in Renton, Washington, on January 19, 2016.
Michael Kaszycki
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-01583 Filed 1-26-16; 8:45 am]
 BILLING CODE 4910-13-P