[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Rules and Regulations]
[Pages 36320-36322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16414]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0317; Special Conditions No. 25-694-SC]


Special Conditions: Embraer S.A. Model ERJ 190-300 Airplane; 
Flight Envelope Protection: Normal Load Factor (g) Limiting

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. 
(Embraer) Model ERJ 190-300 airplane. This airplane 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 involves flight-envelope protection 
functions that limit such flight parameters as, for example, angle of 
attack, normal load factor, attitude, bank angle, and speed 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 August 4, 2017. We 
must receive your comments by September 18, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0317 
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).
    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 425-227-1320.

SUPPLEMENTARY INFORMATION: The substance of these special conditions 
has been subject 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.
    In addition, since 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 finds it unnecessary to 
delay the effective date and finds that good cause exists for adopting 
these special conditions upon publication in the Federal Register.

[[Page 36321]]

    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.

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 applied for an amendment to Type 
Certificate No. A57NM to include the new Model ERJ 190-300 airplane. 
The Model ERJ 190-300 airplane, which is a derivative of the Embraer 
Model ERJ 190-100 STD airplane currently approved under Type 
Certificate No. A57NM, is a 97- to 114-passenger transport-category 
airplane. The maximum take-off weight is 124,340 lbs (56,400 kg).

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, Embraer must show that the Model ERJ 190-300 airplane 
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.
    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 ERJ 190-300 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.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model ERJ 190-300 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 Embraer Model ERJ 190-300 airplane will incorporate the 
following novel or unusual design feature: Flight-envelope protection 
functions that limit such flight parameters as, for example, angle of 
attack, normal load factor, attitude, bank angle, and speed during 
normal operation.
    The Model ERJ 190-300 airplane incorporates normal load-factor 
limiting on a full-time basis, which prevents the pilot from exceeding 
the positive or negative airplane limit load factor. The application of 
this load-factor limiting function affects airplane-handling 
characteristics and may compromise the airplane's maneuverability and 
controllability. The current regulations do not contain adequate safety 
standards for these novel protection features.

Discussion

    The Embraer Model ERJ 190-300 design has a complex, fully digital 
flight-control system, referred to as fly-by-wire (FBW) architecture. 
This FBW architecture provides closed-loop flight-control laws and 
multiple protection functions.
    Airplanes with conventional flight-control systems (mechanical 
linkages) are limited in the pitch axis only by the elevator surface 
area and deflection limit. The elevator-control power is normally 
derived for adequate controllability and maneuverability at the most 
critical longitudinal pitching moment. The result is that, for 
traditional airplanes, maneuverability in excess of limit structural 
design values, within a significant portion of the flight envelope, is 
possible.
    Part 25 does not specify requirements or policy for demonstrating 
maneuver control that imposes any handling-qualities requirements 
beyond the design limit structural loads. Nevertheless, the 
availability of this excess maneuver capacity, in the event of extreme 
emergency such as upset recoveries or collision avoidance, is 
recognized.
    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 
Embraer Model ERJ 190-300 airplane. Should Embraer 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.

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 Embraer Model ERJ 190-300 airplanes.
    1. Normal Load Factor (g) Limiting. To meet the intent of adequate 
maneuverability and controllability required by Sec.  25.143(a); and in 
addition to the requirements of Sec.  25.143(a), and in the absence of 
other limiting factors, the following special conditions apply, based 
on Sec.  25.333(b):
    a. The positive limiting load factor must not be less than:
    i. 2.5 g for the normal state of the electronic flight-control 
system with the high-lift devices retracted up to VMO/
MMO. The positive limiting load factor may gradually be 
reduced to 2.25 g above VMO/MMO.
    ii. 2.0 g for the normal state of the electronic flight-control 
system with the high-lift devices extended.
    b. The negative limiting load factor must be equal to or more 
negative than:
    i. Minus 1.0 g for the normal state of the electronic flight-
control system with the high-lift devices retracted.
    ii. 0.0 g for the normal state of the electronic flight-control 
system with high-lift devices extended
    c. Maximum reachable positive load factor, wings level, may be 
limited by the characteristics of the electronic

[[Page 36322]]

flight-control system or flight-envelope protections (other than load-
factor protection), provided that:
    i. The required values are readily achievable in turns, and
    ii. Wings-level pitch-up is satisfactory.
    d. Maximum achievable negative load factor may be limited by the 
characteristics of the electronic flight-control system or flight-
envelope protections (other than load-factor protection), provided 
that:
    i. Pitch-down responsiveness is satisfactory, and
    ii. From level flight, 0g is readily achievable, or alternatively, 
a satisfactory trajectory change is readily achievable at operational 
speeds. For the FAA to consider a trajectory change as satisfactory, 
the applicant should propose and justify a pitch rate that provides 
sufficient maneuvering capability in the most critical scenarios.
    e. Compliance demonstration with the above requirements may be 
performed without ice accretion on the airframe.
    f. These special conditions do not impose an upper bound for the 
normal load-factor limit, nor do they require that the limiter exist. 
If the limit is set at a value beyond the structural design limit 
maneuvering load factor n of Sec. Sec.  25.333(b), 25.337(b), and 
25.337(c), then there should be a very obvious positive tactile feel 
built into the controller so that it serves as a deterrent to 
inadvertently exceeding the structural limit.

    Issued in Renton, Washington.
Victor Wicklund,
Manager, Transport Standards Branch, Aircraft Certification Service.
[FR Doc. 2017-16414 Filed 8-3-17; 8:45 am]
 BILLING CODE 4910-13-P