[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Rules and Regulations]
[Pages 47332-47334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16558]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2021-1193; Special Conditions No. 25-798-SC]


Special Conditions: Dassault Aviation Falcon Model 6X Airplane; 
Design Speed Definition

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 Dassault Aviation 
(Dassault) Model Falcon 6X 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 is a high speed protection system that 
limits nose-down pilot authority at speeds above VC/
MC. 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 Dassault on August 3, 2022. Send 
comments on or before September 19, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2021-1193 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: Except for Confidential Business Information (CBI) as 
described in the following paragraph, and other information as 
described in title 14, Code of Federal Regulations (14 CFR) 11.35, the 
FAA will post all comments received without change to http://

[[Page 47333]]

www.regulations.gov/, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about these special conditions.
    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 these special 
conditions contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to these special conditions, 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 the indicated comments will not be placed in the public 
docket of these special conditions. Send submissions containing CBI to 
Todd Martin, Materials and Structural Properties Section, AIR-621, 
Technical Innovation Policy Branch, Policy and Innovation Division, 
Aircraft Certification Service, Federal Aviation Administration, 2200 
South 216th Street, Des Moines, Washington 98198; telephone and fax 
206-231-3210; email [email protected]. Comments the FAA receives, 
which are not specifically designated as CBI, will be placed in the 
public docket for these special conditions.
    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: Todd Martin, Materials and Structural 
Properties Section, AIR-621, Technical Innovation Policy Branch, Policy 
and Innovation Division, Aircraft Certification Service, Federal 
Aviation Administration, 2200 South 216th Street, Des Moines, 
Washington 98198; telephone and fax 206-231-3210; email 
[email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions 
has been published in the Federal Register for public comment in 
several prior instances with no substantive comments received. 
Therefore, the FAA finds, pursuant to Sec.  11.38(b), that new comments 
are unlikely, and notice and comment prior to this publication are 
unnecessary.

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 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 special conditions based on the 
comments received.

Background

    On July 1, 2012, Dassault Aviation applied for a type certificate 
for its new Model Falcon 5X airplane. However, Dassault has decided not 
to release an airplane under the model designation Falcon 5X, instead 
choosing to change that model designation to Falcon 6X.
    In February of 2018, due to engine supplier issues, Dassault 
extended the type certificate application date for its Model Falcon 5X 
airplane under new Model Falcon 6X. This airplane is a twin-engine 
business jet with seating for 19 passengers and a maximum takeoff 
weight of 77,460 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.17, Dassault must show that the Model Falcon 6X airplane meets 
the applicable provisions of part 25, as amended by amendments 25-1 
through 25-146.
    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 Dassault Model Falcon 6X 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, 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 Dassault Model Falcon 6X 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.  21.17(a)(2).

Novel or Unusual Design Features

    The Dassault Model Falcon 6X airplane will incorporate the 
following novel or unusual design feature:
    The airplane is equipped with a high speed protection system that 
limits nose-down pilot authority at speeds above VC/
MC, and prevents the airplane from actually performing the 
maneuver required under 14 CFR 25.335(b)(1).

Discussion

    Section 25.335(b)(1) is an analytical envelope condition, adopted 
initially in part 4b of the Civil Air Regulations, to provide an 
acceptable speed margin between design cruise speed and design dive 
speed. The design dive speed impacts flutter clearance design speeds 
and airframe design loads. While the initial condition for the upset 
specified in the rule is 1g level flight, protection is afforded for 
other inadvertent overspeed conditions. Section 25.335(b)(1) is 
intended as a conservative enveloping condition for potential overspeed 
conditions, including non-symmetric ones.
    To establish that potential overspeed conditions are enveloped, the 
applicant should demonstrate that any reduced speed margin, based on 
the high speed protection system on the Dassault Model Falcon 6X, will 
not be exceeded in inadvertent, or gust induced, upsets resulting in 
initiation of the dive from non-symmetric attitudes; or that the 
flight-control laws protect the airplane from getting into non-
symmetric upset conditions. The proposed special conditions identify 
various symmetric and non-symmetric maneuvers to ensure that an 
appropriate design dive speed, VD/MD, is 
established.
    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 
Dassault Model Falcon 6X airplane. Should Dassault 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.

[[Page 47334]]

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.

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 Dassault Aviation Model Falcon 6X 
Airplane.

Design Speed Definition

    (a) In lieu of compliance with 14 CFR 25.335(b)(1), if the flight-
control system includes functions that act automatically to initiate 
recovery before the end of the 20 second period specified in Sec.  
25.335(b)(1), VD/MD must be determined from the 
greater of the speeds resulting from conditions (a) and (b) below. The 
speed increase occurring in these maneuvers may be calculated, if 
reliable or conservative aerodynamic data are used.
    (1) From an initial condition of stabilized flight at 
VC/MC, the airplane is upset so as to take up a 
new flight path 7.5 degrees below the initial path. The pilot 
implements a control application to try to maintain this new flight 
path up to full authority. Twenty seconds after initiating the upset, 
manual recovery is made at a load factor of 1.5 g (0.5 acceleration 
increment), or such greater load factor the system automatically 
applies with the pilot's pitch control neutral. Power, as specified in 
Sec.  25.175(b)(1)(iv), is assumed until the pilot initiates a 
recovery, at which time power reduction and the use of pilot-controlled 
drag devices may be used.
    (2) From a speed below VC/MC, with power to 
maintain stabilized level flight at this speed, the airplane is upset 
so as to accelerate through VC/MC at a flight 
path 15 degrees below the initial path (or at the steepest nose-down 
attitude that the system will permit with full control authority if 
less than 15 degrees). The pilot's controls may be in the neutral 
position after reaching VC/MC and before recovery 
is initiated. Three seconds after a high-speed warning system 
annunciation, the pilot may initiate recovery by applying a load of 
1.5g (0.5 acceleration increment), or such greater load factor that is 
automatically applied by the system with the pilot's pitch control 
neutral. Power may be reduced simultaneously. All other means of 
decelerating the airplane, the use of which is authorized up to the 
highest speed reached in the maneuver, may be used. The interval 
between successive pilot actions must not be less than one second.
    (b) The applicant must also demonstrate that the speed margin, 
established as above, will not be exceeded in inadvertent, or gust 
induced, upsets resulting in initiation of the dive from non-symmetric 
attitudes, unless the flight-control laws protect the airplane from 
getting into non-symmetric upset conditions. The upset maneuvers 
described in Advisory Circular 25-7D, ``Flight Test Guide For 
Certification of Transport Category Airplanes,'' paragraphs 10.2.3.3.1 
and 10.2.3.3.3, paragraphs c.(3)(a) and (c) may be used to comply with 
this requirement.
    (c) Any failure of the high-speed protection system that would 
result in an airspeed exceeding those determined by conditions (a) and 
(b), above, must have a probability of occurrence of less than 1E-5 per 
flight hour.
    (d) Failures of the system must be annunciated to the pilots. 
Flight manual instructions must be provided that reduce the maximum 
operating speeds, VMO/MMO. The operating speed 
must be reduced to a value that maintains a speed margin between 
VMO/MMO and VD/MD that is 
consistent with showing compliance with Sec.  25.335(b) without the 
benefit of the high-speed protection system.
    (e) Dispatch of the airplane with the high-speed protection system 
inoperative could be allowed under an approved minimum equipment 
listing that would require flight manual instructions to indicate 
reduced maximum operating speeds, as described in condition (d), above. 
In addition, the cockpit display of the reduced operating speeds, and 
the overspeed warning for exceeding those speeds, must be equivalent to 
that of the normal airplane with the high-speed protection system 
operative. It must also be shown that no additional hazards are 
introduced with the high-speed protection system inoperative.

    Issued in Kansas City, Missouri, on July 20, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2022-16558 Filed 8-2-22; 8:45 am]
BILLING CODE 4910-13-P