[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Rules and Regulations]
[Pages 23566-23570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09333]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-1078; Special Conditions No. 25-616-SC]


Special Conditions: Dassault Aviation Model Falcon 5X Airplane; 
Use of Automatic Power Reserve (APR), an Automatic Takeoff Thrust 
Control System (ATTCS) for Go-Around Performance Credit

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION:  Final special conditions; request for comments.

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

SUMMARY:  These special conditions are issued for the Dassault Aviation 
(Dassault) Model Falcon 5X airplane. This airplane will have a novel or 
unusual design feature associated with go-around performance credit 
when using an automatic takeoff thrust-control system. 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 April 22, 
2016. We must receive your comments by June 6, 2016.

ADDRESSES:  Send comments identified by docket number FAA-2014-1078 
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

[[Page 23567]]

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/ 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: Chris Parker, FAA, Propulsion and 
Mechanical Systems Branch, ANM-112, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-1509; 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 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 July 1, 2012, Dassault Aviation applied for a type certificate 
for their new Model Falcon 5X airplane. This airplane is a transport-
category airplane to be operated in private/corporate transportation 
with a maximum of 19 passengers. The Model Falcon 5X airplane 
incorporates a low, swept wing and twin rear-fuselage-mounted Snecma 
Silvercrest turbofan engines. The fuselage is about 23 m long with a 26 
m wingspan.
    The current requirements of Title 14, Code of Federal Regulations 
(14 CFR) part 25 are inadequate for addressing approach climb using 
ATTCS. Part 25 appendix I limits the application of performance credit 
for ATTCS to takeoff only.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Dassault Aviation must show 
that the Model Falcon 5X airplane meets the applicable provisions of 
part 25, as amended by Amendments 25-1 through 25-136.
    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 5X 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, these special conditions would also apply to 
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model Falcon 5X 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.  21.17(a)(2).

Novel or Unusual Design Features

    The Dassault Aviation Model Falcon 5X airplane will incorporate the 
following novel or unusual design feature.
    An automatic takeoff thrust-control system (ATTCS), described as an 
automatic power reserve (APR) system, which is available at all times 
without any additional action or input from the pilot; and which the 
applicant proposes would not only function during the go-around, in 
addition to the takeoff phase of flight, but also allow the applicant 
to take performance credit for the system's function during that phase.

Discussion

    Dassault Aviation proposes to include an APR system (a part 23 
term; the part 25 term is ATTCS) in the Model Falcon 5X airplane. 
Dassault proposes to use the APR system during go-around, and is 
requesting approach climb performance credit for the use of the 
additional power APR up-trim provides.
    The Model Falcon 5X powerplant control system comprises a full-
authority digital electronic control (FADEC) for the Snemca Silvercrest 
engine. The engine FADEC system includes APR system functions. The 
proposed configuration, which is novel or unusual, provides for APR 
activation during takeoff and go-around flight operations, requiring no 
additional action from the pilot. The airplane performance data will be 
based on the availability of the up-trim power during takeoff and 
approach climb.
    The part 25 standards applicable to the automatic advancement of 
reserve power, known as ATTCS and contained in Sec.  25.904 and 
appendix I, specifically restrict performance credit for ATTCS to the 
takeoff phase of flight. At the time these standards were issued, the 
FAA considered including other phases of flight, including go-around. 
Concerns about flightcrew workload precluded including those additional 
phases of flight. As the preamble of Amendment 25-62 to part 25 states:

    In regard to ATTCS credit for approach climb and go-around 
maneuvers, current regulations preclude a higher power for the 
approach climb (Section 25.121(d)) than for the landing climb 
(Section 25.119). The workload required for the flightcrew to 
monitor and select from multiple in-flight power settings in the 
event of an engine failure during a critical point in the approach, 
landing, or go-around operations is excessive. Therefore, the FAA 
does not agree that the scope of the amendment should be changed to 
include the use of ATTCS for anything except the takeoff phase.

    The ATTCS incorporated on the Model Falcon 5X airplane allows the 
pilot to use the same power-setting procedure during a go-around 
regardless of whether or not an engine fails. Because the ATTCS is 
always active, it will function automatically following an engine 
failure, and will advance the remaining engine to the APR power level.
    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 23568]]

Applicability

    As discussed above, these special conditions are applicable to the 
Model Falcon 5X airplane. Should Dassault Aviation apply at a later 
date for a change to the type certificate to include another model 
incorporating the same novel or unusual design feature, these special 
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature 
on one model of airplane. 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 
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

    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 Model Falcon 5X 
airplanes.
    1. The Model Falcon 5X airplane must comply with the requirements 
of 14 CFR 25.904 and appendix I to 14 CFR part 25 and the following 
requirements pertaining to the go-around phase of flight:
    2. Definitions
    a. Takeoff/go-around (TOGA): Throttle lever in takeoff or go-around 
position.
    b. Automatic takeoff thrust control system (ATTCS): The ATTCS in 
Model Falcon 5X airplanes is defined as the entire automatic system 
available during takeoff and in go-around mode, including all devices, 
both mechanical and electrical, that sense engine failure, transmit 
signals, actuate fuel controls or power levers (or increase engine 
power by other means on operating engines to achieve scheduled thrust 
or power increase), and furnish cockpit information on system 
operation.
    c. Critical time interval: The definition of the critical time 
interval in 14 CFR appendix I 25.2(b) must be expanded to include the 
following:
    i. When conducting an approach for landing using ATTCS, the 
critical time interval is defined as follows:
    1. The critical time interval begins at a point on a 2.5 degree 
approach glide path from which, assuming a simultaneous engine and 
ATTCS failure, the resulting approach climb flight path intersects a 
flight path originating at a later point on the same approach path 
corresponding that corresponds to the 14 CFR part 25 one-engine-
inoperative approach climb gradient. The period of time from the point 
of simultaneous engine and ATTCS failure to the intersection of these 
flight paths must be no shorter than the time interval used in 
evaluating the critical time interval for takeoff beginning from the 
point of simultaneous engine and ATTCS failure and ending upon reaching 
a height of 400 feet.
    2. The critical time interval ends at the point on a minimum 
performance, all-engines-operating go-around flight path from which, 
assuming a simultaneous engine and ATTCS failure, the resulting minimum 
approach climb flight path intersects a flight path corresponding to 
the 14 CFR part 25 minimum one-engine-inoperative approach climb 
gradient. The all-engines-operating go-around flight path and the 14 
CFR part 25 one-engine-inoperative approach climb gradient flight path 
originate from a common point on a 2.5 degree approach path. The period 
of time from the point of simultaneous engine and ATTCS failure to the 
intersection of these flight paths must be no shorter than the time 
interval used in evaluating the critical time interval for the takeoff 
beginning from the point of simultaneous engine and ATTCS failure and 
ending upon reaching a height of 400 feet.
    ii. The critical time interval must be determined at the altitude 
resulting in the longest critical time interval for which one-engine-
inoperative approach climb performance data are presented in the 
airplane flight manual (AFM).
    iii. The critical time interval is illustrated in the following 
figure:

[[Page 23569]]

[GRAPHIC] [TIFF OMITTED] TR22AP16.057

    The all-engines-operating go-around flight path, and the 14 CFR 
part 25 one-engine-inoperative approach climb gradient flight path 
(engine failed, ATTCS operating path in Figure 1), originate from a 
common point, point C, on a 2.5-degree approach path. The period of 
time, ``time interval DE,'' from the point of simultaneous engine and 
ATTCS failure, point D, to the intersection of these flight paths, 
point E, must be no shorter than the corresponding time in Figure 2, 
``I25.2(b) time interval FG.''
    d. The critical time interval must be determined at the altitude 
resulting in the longest critical time interval for which one-engine-
inoperative approach climb performance data are presented in the AFM.
    e. The ``critical time interval AD'' is illustrated in Figure 1.
    [GRAPHIC] [TIFF OMITTED] TR22AP16.058
    
    3. Performance and system reliability requirements: The applicant 
must comply with the performance and ATTCS reliability requirements as 
follows:

[[Page 23570]]

    a. An ATTCS failure or a combination of failures in the ATTCS 
during the critical time interval (Figure 2):
    i. Must not prevent the insertion of the maximum approved go-around 
thrust or power, or must be shown to be a remote event.
    ii. Must not result in a significant loss or reduction in thrust or 
power, or must be shown to be an extremely improbable event.
    b. The concurrent existence of an ATTCS failure and an engine 
failure during the critical time interval must be shown to be extremely 
improbable.
    c. All applicable performance requirements of 14 CFR part 25 must 
be met with an engine failure occurring at the most critical point 
during go-around with the ATTCS functioning.
    d. The probability analysis must include consideration of ATTCS 
failure occurring after the time at which the flightcrew last verifies 
that the ATTCS is in a condition to operate until the beginning of the 
critical time interval.
    e. The propulsive thrust obtained from the operating engine after 
failure of the critical engine during a go-around used to show 
compliance with the one-engine-inoperative climb requirements of Sec.  
25.121(d) may not be greater than the lesser of:
    i. The actual propulsive thrust resulting from the initial setting 
of power or thrust controls with the ATTCS functioning; or
    ii. 111% of the propulsive thrust resulting from the initial 
setting of power or thrust controls with the ATTCS failing to reset 
thrust or power and without any action by the flightcrew to reset 
thrust or power.
    4. Thrust setting
    a. The initial go-around thrust setting on each engine at the 
beginning of the go-around phase may not be less than any of the 
following:
    i. That required to permit normal operation of all safety-related 
systems and equipment dependent upon engine thrust or power lever 
position; or
    ii. That shown to be free of hazardous engine response 
characteristics and not to result in any unsafe aircraft operating or 
handling characteristics when thrust or power is advanced from the 
initial go-around position to the maximum approved power setting.
    b. For approval to use an ATTCS for go-arounds, the thrust setting 
procedure must be the same for go-arounds initiated with all engines 
operating as for go-arounds initiated with one engine inoperative.
    5. Powerplant controls
    a. In addition to the requirements of Sec.  25.1141, no single 
failure or malfunction, or probable combination thereof, of the ATTCS, 
including associated systems, may cause the failure of any powerplant 
function necessary for safety.
    b. The ATTCS must be designed to:
    i. Apply thrust or power on the operating engine(s), following any 
one-engine failure during a go-around, to achieve the maximum approved 
go-around thrust without exceeding the engine operating limits;
    ii. Permit manual decrease or increase in thrust or power up to the 
maximum go-around thrust approved for the airplane under the existing 
conditions through the use of the power lever. For airplanes equipped 
with limiters that automatically prevent the engine operating limits 
from being exceeded under existing ambient conditions, other means may 
be used to increase the thrust in the event of an ATTCS failure, 
provided that the means:
    1. Is located on or forward of the power levers;
    2. Is easily identified and operated under all operating conditions 
by a single action of either pilot with the hand that is normally used 
to actuate the power levers; and
    3. Meets the requirements of Sec.  25.777(a), (b), and (c).
    iii. Provide a means to verify to the flightcrew before beginning 
an approach for landing that the ATTCS is in a condition to operate 
(unless it can be demonstrated that an ATTCS failure combined with an 
engine failure during an entire flight is extremely improbable); and
    iv. Provide a means for the flightcrew to deactivate the automatic 
function. This means must be designed to prevent inadvertent 
deactivation.
    6. Powerplant instruments: In addition to the requirements of Sec.  
25.1305:
    a. A means must be provided to indicate when the ATTCS is in the 
armed or ready condition; and
    b. If the inherent flight characteristics of the airplane do not 
provide adequate warning that an engine has failed, a warning system 
that is independent of the ATTCS must be provided to give the pilot a 
clear warning of any engine failure during a go-around.

    Issued in Renton, Washington, on April 8, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-09333 Filed 4-21-16; 8:45 am]
 BILLING CODE 4910-13-P