[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Rules and Regulations]
[Pages 13961-13962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05200]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Rules 
and Regulations  

[[Page 13961]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0135; Special Conditions No. 25-646-SC]


Special Conditions: Embraer S.A., Model ERJ 190-300 Series 
Airplanes; Flight Envelope Protection: Pitch, Roll, and High-Speed 
Limiting Functions

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 electronic flight control system 
that contains fly-by-wire control laws, including flight envelope 
protection functions that impose pitch-angle, bank-angle, and high-
speed limits during normal operation. 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 March 16, 2017. We 
must receive your comments by May 1, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0135 
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 Flight 
Crew 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 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 
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 is a twin-engine, transport-category 
airplane derivative of the ERJ 190-100 STD. The ERJ 190-300 series 
airplane will have a maximum occupancy of 114 passengers and will 
include a new wing design with a high aspect ratio and raked wingtip, 
and a digital fly-by-wire electronic flight control 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

[[Page 13962]]

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 feature: An electronic flight control system that contains fly-
by-wire control laws, including flight envelope protection functions 
that impose pitch-angle, bank-angle, and high-speed limits during 
normal operation.

Discussion

    The Embraer S.A. ERJ 190-300 design has a full-digital flight 
control system, referred to as fly-by-wire architecture. The fly-by-
wire architecture provides closed-loop flight control laws and multiple 
protection functions.
    The basic characteristics of pitch, bank, and high-speed limiting 
functions are as follows:
    1. Pitch Limiting Function:
    While in normal mode, the ERJ 190-300 airplane presents positive 
and negative pitch attitude soft limits. After surpassing the 
established limits set at 30[deg] and -15[deg], the airplane presents a 
natural tendency to return (positive stability) to within these limits 
when pitch control is released.
    2. Bank Limiting Function (Spiral Stability and Roll Limiting):
    While in normal mode at speeds up to VMO/MMO 
(maximum operating limit speed), the ERJ 190-300 airplane presents 
neutral stability up to 33[deg] bank angle. Above 33[deg], positive 
spiral stability is introduced; however, there is no bank angle hard 
limit. When overspeed protection is engaged, positive spiral stability 
is provided in the range of 33[deg] and a bank angle hard 
limit (non-overridable) is set at that bank angle.
    3. High-Speed Limiting Function (Overspeed Protection):
    While in normal mode, the overspeed protection function prevents 
pilots from exceeding the airplane maximum design speeds by providing 
strong positive stability at and above VMO/MMO, 
and limiting aircraft speed to VDF/MDF 
(demonstrated flight diving speed).
    The controllability and maneuverability requirements of 14 CFR 
25.143 do not specifically relate to flight characteristics associated 
with fixed attitude limits or a high-speed limiter that might preclude 
or modify flying qualities assessment in the overspeed region.
    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 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, 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.

Flight Envelope Protection: Pitch, Roll, and High-Speed Limiting 
Functions

    In addition to Sec.  25.143, the following requirements apply:
    1. Pitch and Roll Limiting Functions.
    a. The pitch limiting function must not impede normal maneuvering 
for pitch angles up to the maximum required for normal maneuvering, 
including a normal all-engines operating takeoff, plus a suitable 
margin to allow for satisfactory speed control.
    b. The pitch and roll limiting functions must not restrict or 
prevent attaining pitch attitudes necessary for emergency maneuvering 
or roll angles up to 66[deg] with flaps up or 60[deg] with flaps down. 
Spiral stability, which is introduced above 33[deg] roll angle, must 
not require excessive pilot strength to achieve these roll angles. 
Other protections, which further limit the roll capability under 
certain extreme angle of attack or attitude or high speed conditions, 
are acceptable, as long as they allow at least 45[deg] of roll 
capability.
    c. A lower limit of roll is acceptable, beyond the overspeed 
warning, if it is possible to recover the aircraft to the normal flight 
envelope without undue difficulty or delay.
    2. High-Speed Limiting Functions.
    Operation of the high-speed limiter during all routine and descent 
procedure flight must not impede normal attainment of speeds up to 
overspeed warning.

Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-05200 Filed 3-15-17; 8:45 am]
 BILLING CODE 4910-13-P