[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Rules and Regulations]
[Pages 32090-32092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10593]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2020-1042; Special Conditions No. 25-804-SC]


Special Conditions: Dassault Aviation Model Falcon 6X Airplane; 
Electronic Flight-Control System and Control Surface Position Awareness

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 an electronic flight-control system 
requiring flight-control surface position awareness. 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 May 19, 2023. Send 
comments on or before July 3, 2023.

ADDRESSES: Send comments identified by Docket No. FAA-2020-1042 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 title 14, Code of Federal Regulations (14 CFR) 11.35, the 
FAA will post all comments received without change to https://

[[Page 32091]]

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 this Notice. Send submissions containing CBI to Troy Brown, 
Performance and Environment Section, AIR-625, Technical Innovation 
Policy Branch, Policy and Innovation Division, Aircraft Certification 
Service, Federal Aviation Administration, 1801 S. Airport Rd., Wichita, 
KS 67209-2190; telephone and fax 405-666-1050; email 
[email protected]. Comments 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: Troy Brown, Performance and 
Environment Section, AIR-625, Technical Innovation Policy Branch, 
Policy and Innovation Division, Aircraft Certification Service, Federal 
Aviation Administration, 1801 S Airport Rd., Wichita, KS 67209-2190; 
telephone and fax 405-666-1050; 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 their 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 their Model Falcon 
5X airplane under new Model Falcon 6X. This airplane is a twin-engine 
business jet with seating for 19 passengers, and has 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: An electronic flight-control 
system (EFCS) and no direct coupling from the flight deck controller to 
the control surface.

Discussion

    As a result of the EFCS and lack of direct coupling from the flight 
deck controller to the control surface, the pilot is not aware of the 
actual control surface position. Some unusual flight conditions, 
arising from atmospheric conditions and/or airplane or engine failures, 
may result in full or nearly full surface deflection. Unless the 
flightcrew is made aware of excessive deflection or impending control 
surface limiting, piloted or auto-flight system control of the airplane 
might be inadvertently continued in such a manner to cause loss of 
control or other unsafe stability or performance characteristics. The 
airworthiness standards do not contain adequate or appropriate safety 
standards for the conditions that result from the EFCS and lack of 
direct coupling from the flight deck controller to the control surface.
    To establish a level of safety equivalent to that established in 
the regulations, these special conditions are established. These 
special conditions require that the flightcrew receive suitable flight-
control position annunciation when a condition exists in which nearly 
full surface authority (not crew commanded) is being utilized. 
Suitability of such an alerting must take into account that some pilot-
demanded maneuvers (e.g., rapid roll) are necessarily associated with 
intended full performance, which may saturate the surface. Therefore, 
simple alerting systems, which would function in either intended or 
unexpected control-limiting situations, must be properly balanced 
between necessary crew awareness and unwanted nuisance factors. A 
monitoring system that might compare airplane motion, surface 
deflection, and pilot demand could be helpful in reducing nuisance 
alerting.
    Additionally, these special conditions address flight control 
system mode annunciation. Suitable mode annunciation must be provided 
to the flightcrew for events that significantly change the operating 
mode of the system but do not merit the classic ``failure warning.''

[[Page 32092]]

    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.

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 the Dassault Aviation Model Falcon 6X 
airplane.
    In addition to compliance with Sec. Sec.  25.143, 25.671, 25.672, 
and 25.1322, the following special conditions apply:
    1. The system design must ensure that the flightcrew is made 
suitably aware whenever the primary control means nears the limit of 
control authority.

    Note:  the term ``suitably aware'' indicates annunciations 
provided to the flightcrew are appropriately balanced between 
nuisance and that necessary for crew awareness.

    2. If the flight-control system has multiple modes of operation, 
the system must alert the flight crew when the airplane enters any mode 
that significantly changes or degrades the normal handling or 
operational characteristics of the airplane.

    Issued in Kansas City, Missouri, on May 10, 2023.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2023-10593 Filed 5-18-23; 8:45 am]
BILLING CODE 4910-13-P