[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67097-67098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23665]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-9225; Special Conditions No. 25-639-SC]


Special Conditions: Embraer S.A., Model ERJ 190-300 Series 
Airplanes; Electronic Flight Control System: Control Surface Position 
Awareness, Multiple Modes of Operation

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 
ERJ 190-300 series airplanes. These airplanes will have a novel or 
unusual design feature when compared to the state of technology 
envisioned in the airworthiness standards for transport category 
airplanes. This design feature is a fly-by-wire electronic flight 
control system (EFCS) and no direct coupling from the flight deck 
controller to the control surface. As a result, the pilot is not aware 
of the actual control surface position. 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 Embraer S.A. on September 30, 2016. 
We must receive your comments by November 14, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-9225 
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: Joe Jacobsen, FAA, Airplane and 
Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-2011; facsimile 425-227-1149.

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 September 13, 2013, Embraer S.A. applied for an amendment to 
Type Certificate (TC) No. A57NM to include the new Model ERJ 190-300 
series airplanes. The ERJ 190-300, which is a derivative of the ERJ 
190-100 STD currently approved under TC No. A57NM, is a 97-114 
passenger transport category airplane with two Pratt & Whitney Model 
PW1900G engines, a new wing design with a high aspect ratio and raked 
wingtip, and digital fly-by-wire EFCS with closed loop control for all 
surfaces and with full envelope protection.
    The EFCS technology has outpaced the current airworthiness 
standards; therefore, the FAA required special conditions to ensure 
appropriate mode recognition by the flightcrew for events that 
significantly change the operating mode of the EFCS.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, Embraer S.A. must show that the ERJ 190-300 meets the 
applicable provisions of the regulations listed in Type Certificate No. 
A57NM or the applicable regulations in effect on the date of 
application for the change, except for earlier amendments as agreed 
upon by the FAA. Embraer S.A. must show that the ERJ 190-300 meets the 
applicable provisions of 14 CFR part 25, as amended by Amendments 25-1 
through 25-137.
    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 ERJ 190-300 because of a novel

[[Page 67098]]

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 features, 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.
    In addition to the applicable airworthiness regulations and special 
conditions, the ERJ 190-300 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 ERJ 190-300 will incorporate the following novel or unusual 
design features: A fly-by-wire EFCS and no direct coupling from the 
flight deck controller to the control surface.

Discussion

    As a result of the EFCS and lack of direct coupling from the flight 
deck controller to the control surface, the pilot is not aware of the 
actual control surface position. Some unusual flight conditions, 
arising from atmospheric conditions and/or airplane or engine failures, 
may result in full or nearly full surface deflection. Unless the 
flightcrew is made aware of excessive deflection or impending control 
surface limiting, piloted or auto-flight system control of the airplane 
might be inadvertently continued in such a manner to cause loss of 
control or other unsafe stability or performance characteristics. The 
airworthiness standards do not contain adequate or appropriate safety 
standards for the conditions that result from the EFCS and lack of 
direct coupling from the flight deck controller to the control surface.
    To establish a level of safety equivalent to that established in 
the regulations, these special conditions are established. These 
special conditions require that the flightcrew receive a suitable 
flight control position annunciation when a flight condition exists in 
which nearly full surface authority (not crew-commanded) is being used. 
Suitability of such a display must take into account that some pilot-
demanded maneuvers (e.g., rapid roll) are necessarily associated with 
intended full performance, which may saturate the surface. Therefore, 
simple alerting systems function in both intended and unexpected 
control-limiting situations. As a result, they must be properly 
balanced between providing necessary crew awareness and being a 
potential nuisance to the flightcrew. A monitoring system that compares 
airplane motion and surface deflection with pilot inputs could help 
reduce nuisance alerting.
    These special conditions also address flight control system mode 
annunciation. Suitable mode annunciation must be provided to the 
flightcrew for events that significantly change the operating mode of 
the system but do not merit the classic ``failure warning.''
    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.

Applicability

    As discussed above, these special conditions are applicable to the 
ERJ 190-300 series airplanes. 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, these special 
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of 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, because a delay would 
significantly affect the certification of the airplane, 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.

0
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 the Embraer S.A. Model ERJ 190-300 
series airplanes.
    1. In addition to the requirements of 14 CFR 25.143, 25.671, and 
25.672, the following requirements apply:
    a. The system design must ensure that the flightcrew is made 
suitably aware whenever the primary control means nears the limit of 
control authority.

    Note:  The term ``suitably aware'' indicates annunciations 
provided to the flightcrew are appropriately balanced between 
nuisance and that necessary for crew awareness.

    b. If the design of the flight control system has multiple modes of 
operation, a means must be provided to indicate to the flightcrew any 
mode that significantly changes or degrades the normal handling or 
operational characteristics of the airplane.

    Issued in Renton, Washington, on September 23, 2016.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2016-23665 Filed 9-29-16; 8:45 am]
 BILLING CODE 4910-13-P