[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88098-88099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29358]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-9461; Special Conditions No. 25-642-SC]


Special Conditions: Embraer S.A., Model ERJ 190-300 Series 
Airplanes; Landing Pitchover Condition

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 an automatic braking system with a 
pilot-selectable function that allows earlier braking at landing 
without pilot pedal input. 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 December 7, 2016. We 
must receive your comments by January 23, 2017.

ADDRESSES: Send comments identified by docket number FAA-2016-9461 
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: Greg Schneider, FAA, Airframe and 
Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057-
3356; telephone 425-227-2116; facsimile 425-227-1320.

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 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

[[Page 88099]]

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, digital fly-by-wire electronic flight control system, and an 
automatic braking system.

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 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:
    An automatic braking system with a pilot-selectable function that 
allows earlier braking at landing without pilot pedal input. When the 
autobrake system is armed before landing, it automatically commands a 
pre-defined braking action after the main wheels touch down. This might 
cause a high nose gear sink rate, and potentially higher gear and 
airframe loads than would occur with a traditional braking system.

Discussion

    These special conditions define a landing pitchover condition that 
accounts for the effects of the automatic braking system. The special 
conditions define the airplane configuration, speeds, and other 
parameters necessary to develop airframe and nose gear loads for this 
condition. The special conditions require that the airplane be designed 
to support the resulting limit and ultimate loads as defined in Sec.  
25.305.
    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 
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.

    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.
    A landing pitchover condition must be addressed that takes into 
account the effect of the autobrake system. The airplane is assumed to 
be at the design maximum landing weight, or at the maximum weight 
allowed with the autobrake system on. The airplane is assumed to land 
in a tail-down attitude and at the speeds defined in Sec.  25.481. 
Following main gear contact, the airplane is assumed to rotate about 
the main gear wheels at the highest pitch rate allowed by the autobrake 
system.
    This is considered a limit load condition from which ultimate loads 
must also be determined. Loads must be determined for critical fuel and 
payload distributions and centers of gravity. The effect of the 
autobrake system on fatigue loading spectra must also be investigated. 
Nose gear loads, as well as airframe loads, must be determined. The 
airplane must meet Sec.  25.305 for these loads.

    Issued in Renton, Washington, on November 15, 2016.
Paul Bernado,
Acting Manager, Transport Airplane Directorate Aircraft Certification 
Service.
[FR Doc. 2016-29358 Filed 12-6-16; 8:45 am]
 BILLING CODE 4910-13-P