[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46958-46959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17979]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2020-0893; Special Conditions No. 25-790-SC]
Special Conditions: Pro Star Aviation LLC, Bombardier Model CL-
600-2B16 Airplanes; Installation of an Infrared Laser Countermeasure
System
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
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SUMMARY: These special conditions are issued for the Bombardier Model
CL-600-2B16 (Bombardier) airplane. This airplane, as modified by Pro
Star Aviation LLC (Pro Star Aviation), 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 system that emits infrared laser energy outside the
aircraft as a countermeasure against heat-seeking missiles. 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: Effective September 22, 2021.
FOR FURTHER INFORMATION CONTACT: Eric Peterson, Safety Risk Management
Section, AIR-633, Policy and Innovation Division, Aircraft
Certification Service, Federal Aviation Administration, 2200 South
216th Street, Des Moines, Washington 98198; telephone and fax 206-231-
3413; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2018, Pro Star Aviation applied for a supplemental
type certificate to install a ``Large Aircraft Infrared Countermeasure
(LAIRCM)'' system, which directs infrared laser energy toward heat-
seeking missiles, on the Bombardier Model CL-600-2B16 airplane. This
airplane, which is a derivative of the Bombardier Model CL-600 series
airplanes currently approved under Type Certificate No. A21EA, is a
twin-engine business jet with seating for 20 passengers and two
crewmembers, and a maximum takeoff weight of 47,600 pounds.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Pro Star Aviation must show that the Bombardier Model CL-
600-2B16 airplane, as changed, continues to meet the applicable
provisions of the regulations listed in Type Certificate No. A21EA, 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 (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Bombardier Model CL-600-2B16
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 applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate 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 Bombardier Model CL-600-2B16 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 Bombardier Model CL-600-2B16 airplane, as modified by Pro Star
Aviation, will incorporate the following novel or unusual design
feature:
A system that emits infrared laser energy outside the aircraft.
Discussion
In recent years, in several incidents abroad, civilian aircraft
were fired upon by man-portable air defense systems (MANPADS). This has
led several companies to design and adapt systems like LAIRCM for
installation on civilian aircraft, to protect those aircraft against
heat-seeking missiles. Pro Star Aviation's LAIRCM system directs
infrared laser energy toward an incoming missile, in an effort to
interrupt the missile's tracking of the aircraft's heat.
Infrared laser energy can pose a hazard to persons on the aircraft,
on the ground, and on other aircraft. The risk is heightened because
infrared light is invisible to the human eye. Human exposure to
infrared laser energy can result in eye and skin damage, and affect a
flight crew's ability to control the aircraft. Infrared laser energy
can also affect other aircraft, whether airborne or on the ground, and
property, such as fuel trucks and airport equipment, in a manner that
adversely affects aviation safety.
FAA design standards for transport category airplanes did not
envisage that a design feature could project infrared laser energy
outside the airplane. The FAA's design standards are inadequate to
address this capability. Therefore, this system is a novel or unusual
design feature, and the FAA has developed these special conditions to
establish a level of safety equivalent to that of the regulations.
Special conditions are also warranted, per 14 CFR 21.16, because
FAA design standards are inappropriate for this design feature. 14 CFR
25.1301 requires installed equipment to be of a design that is
appropriate for its intended function. The FAA has no basis to
determine whether this LAIRCM system will successfully perform its
intended function of thwarting heat-seeking missiles.
Ground Activation. Condition 1 requires the design to have means to
prevent inadvertent operation of the system while the airplane is on
the ground, including during maintenance. These means must identify and
address all foreseeable failure modes that may result in inadvertent
operation. These modes include errors in airplane maintenance and
operating procedures, such as erroneously setting the system to ``air''
mode while the airplane is on the ground. The applicant could show such
failure modes, their risks, and how they will be addressed, by
conducting safety assessments and incorporating prevention strategies
into the design.
In-Flight Activation. Condition 2 requires that the system be
designed so that in-flight operation does not result in damage to the
airplane or to other aircraft, or injury to any person. To account for
these effects, the applicant's analysis should include effects from the
system's erroneous operation, from system failures, and from failures
that may not be readily detectable prior to
[[Page 46959]]
flight (i.e., latent failures). The applicant may address this
condition through safety assessments and incorporation of prevention
strategies into its design. The ``operation'' addressed by Condition 2
includes all operation of the system, whether intentional, inadvertent,
or automatic.
Markings, instructions, and other information. Conditions 3, 4, and
5 are intended to protect certain categories of persons based upon
their expected interaction with the system. These conditions require
the design to supply certain safety information to these persons.
Condition 3 requires the design to provide pertinent laser-safety
information to maintenance and service personnel at the location of the
installation. At a minimum, such ``pertinent'' information will include
information about potential hazards to persons who are using optical
magnification devices, such as magnifying glasses or binoculars. The
warning information should be consistent with the laser's
classification in 21 CFR 1040.
Condition 4 requires the airplane instructions for continued
airworthiness to contain the appropriate warnings related to the
laser's classification. Like the warning information to be provided at
the location of the laser system's installation, the purpose of this
condition is to ensure any person maintaining the system is aware of
the hazards, including those related to the use of magnifying glasses
or binoculars.
Condition 5 requires the applicant to update the airplane operating
limitations and information required under 14 CFR 25.1581. The airplane
flight-manual supplement insert must describe the intended function of
the LAIRCM system, its intended operation, and the phases of flight in
which it may be used. The insert also must add a caution that describes
the significant risk of injury the LAIRCM system poses to others while
in proximity to other aircraft, airports, and populated areas.
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.
These special conditions, and the corresponding supplemental type
certificate for the installation of this system, do not constitute
approval to operate the system. FAA Advisory Circular 70-1, ``Outdoor
Laser Operations,'' provides guidance on obtaining operational
approval.
Discussion of Comments
The FAA issued Notice of Proposed Special Conditions No. 25-21-02-
SC for the Bombardier Model CL-600-2B16 airplane, as modified by Pro
Star Aviation, which was published in the Federal Register on June 24,
2021 (86 FR 33147). The FAA received one comment supporting the
proposed special conditions as they apply to the installation of a
LAIRCM system ``. . . on the specific model of aircraft.''
Applicability
As discussed above, these special conditions are applicable to the
Bombardier Model CL-600-2B16 airplane with the Pro Star Aviation LAIRCM
system installed. Should Pro Star Aviation apply at a later date for a
supplemental type certificate to modify any other model included on
Type Certificate No. A21EA to incorporate 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 and
affects only the applicant.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(f), 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 Bombardier Model CL-600-2B16
airplane with the LAIRCM system, as modified by Pro Star Aviation.
1. The system must have means that prevent the inadvertent
activation of the system on the ground, including during airplane
maintenance and ground handling. Such means must address all
foreseeable failure modes and operating and maintenance errors.
2. The system must be designed so that its operation in-flight does
not result in damage to the airplane or other aircraft, or injury to
any person. Operation of the system must not be capable of compromising
continued safe flight and landing of other aircraft and the airplane on
which it is installed, either by direct damage, laser-reflective
damage, or through distraction or incapacitation of crew.
3. Laser-safety information for maintaining or servicing the
airplane must be prominently placarded on the airplane or LAIRCM system
at the location of the laser installation.
4. Instructions for continued airworthiness for installation,
removal, and maintenance of the LAIRCM system must contain warnings
appropriate to the laser classification concerning the hazards
associated with exposure to laser radiation. This includes instructions
regarding potential hazards to personnel who are using optical
magnification devices such as magnifying glasses or binoculars.
5. The airplane flight manual supplement (AFMS) must describe the
intended functions of the installed laser systems, to include
identifying the intended operations and phases of flight. The AFMS must
state:
CAUTION: The operation of the installed laser system could pose
significant risk of injury to others while in proximity to other
aircraft, airports, and populated areas.
Issued in Washington, DC, on August 17, 2021.
Erik Brown,
Acting Manager, Systems Policy Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2021-17979 Filed 8-20-21; 8:45 am]
BILLING CODE 4910-13-P