[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Proposed Rules]
[Pages 2561-2563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00505]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2021-0775; Notice No. 25-21-03-SC]


Special Conditions: FedEx Express, Airbus Model A321-200 
Airplanes; Installation of an Infrared Laser Countermeasure System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Airbus Model 
A321-200 airplane. This airplane, as modified by FedEx Express (FedEx), 
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 proposed 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: Send comments on or before March 4, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2021-0775 using 
any of the following methods:
     Federal eRegulations Portal: Go to https://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: Except for Confidential Business Information (CBI) as 
described in the following paragraph, and other information as 
described in 14 CFR 11.35, the FAA will post all comments received 
without change, to https://www.regulations.gov/, including any personal 
information you provide. The FAA will also post a report summarizing 
each substantive verbal contact received about this proposal.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this document contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this document, it is important that 
you clearly designate the submitted comments as CBI. Please mark each 
page of your submission containing CBI as ``PROPIN.'' The FAA will 
treat such marked submissions as confidential under the FOIA, and they 
will not be placed in the public docket of this document. Send 
submissions containing CBI to the person indicated in the Contact 
section below. Comments that the FAA receives which are not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.
    Docket: Background documents or comments received may be read at 
https://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: Eric Peterson, Safety Risk Management

[[Page 2562]]

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:

Comments Invited

    The FAA invites 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 proposed special conditions, 
explain the reason for any recommended change, and include supporting 
data.
    The FAA will consider all comments received by the closing date for 
comments. The FAA may change these proposed special conditions based on 
the comments received.

Background

    On October 16, 2019, FedEx applied for a supplemental type 
certificate to install a laser-based missile-defense system, which 
directs infrared laser energy toward heat-seeking missiles, on the 
Airbus Model A321-200 airplane. This airplane, which is a derivative of 
the Airbus Model A321 series airplanes currently approved under Type 
Certificate No. A28NM, is a twin-engine, transport-category jet with 
allowable seating for 220 passengers, and a maximum takeoff weight of 
89,000 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, FedEx must show that the Airbus Model A321-200 airplane, 
as changed, continues to meet the applicable provisions of the 
regulations listed in Type Certificate No. A28NM, 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 Airbus Model A321-200 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 Airbus Model A321-200 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 Airbus Model A321-200 airplane, as modified by FedEx, 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 a laser-based 
missile-defense system for installation on civilian aircraft, to 
protect those aircraft against heat-seeking missiles. The FedEx 
missile-defense 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 
also can 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 proposed 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. Title 
14, Code of Federal Regulations 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 missile-defense system will 
successfully perform its intended function of thwarting heat-seeking 
missiles.
    The special conditions that the FAA proposes, to address the 
installation of the missile-defense system on this model of airplane, 
are as follows.
    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 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

[[Page 2563]]

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 missile-defense 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 missile-defense system 
poses to others while in proximity to other aircraft, airports, and 
populated areas.
    These proposed 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.
    After considering public comment, should the FAA impose these 
special conditions on the applicant, and issue a supplemental type 
certificate for the installation of this system, such approvals would 
not constitute approval to operate the system. FAA Advisory Circular 
70-1, ``Outdoor Laser Operations,'' provides guidance on obtaining 
operational approval.

Applicability

    As discussed above, these proposed special conditions are 
applicable to the Airbus Model A321-200 airplane, as modified by FedEx, 
with the laser-based missile-defense system installed. Should FedEx 
apply at a later date for a supplemental type certificate to modify any 
other model included on Type Certificate No. A28NM 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 Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for the Airbus Model A321-200 airplane with a laser-based missile-
defense system, as modified by FedEx.
    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 laser-based 
missile-defense system at the location of the laser installation.
    4. Instructions for continued airworthiness for installation, 
removal, and maintenance of the laser-based missile-defense 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 Kansas City, Missouri, on January 7, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2022-00505 Filed 1-14-22; 8:45 am]
BILLING CODE 4910-13-P