[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Rules and Regulations]
[Pages 33548-33550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10987]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2023-0068; Special Conditions No. 25-821-SC]
Special Conditions: B/E Aerospace Ltd., MHI RJ Aviation ULC Model
CL-600-2B19 Airplane; Installation of a Therapeutic Oxygen System for
Medical Use
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 MHI RJ Aviation
ULC Model CL-600-2B19 airplane. This airplane, as modified by B/E
Aerospace Ltd. (B/E Aerospace), 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 installation of a therapeutic oxygen system for medical
use. 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 B/E Aerospace Ltd. on May 24, 2023.
Send comments on or before July 10, 2023.
ADDRESSES: Send comments identified by Docket No. FAA-2023-0068 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.
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: Robert Hettman, Mechanical Systems,
AIR-623, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service, Federal Aviation Administration, 2200
South 216th Street, Des Moines, Washington 98198; telephone and fax
206-231-3171; 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, and will consider comments filed late if it is possible to do
so
[[Page 33549]]
without incurring delay. The FAA may change these special conditions
based on the comments received.
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://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 the individual listed in the For Further
Information Contact section above. Comments the FAA receives, which are
not specifically designated as CBI, will be placed in the public docket
for these special conditions.
Background
On November 17, 2022, B/E Aerospace applied for a supplemental type
certificate for the modification of the oxygen distribution system on
the MHI RJ Aviation ULC Model CL-600-2B19 airplane (type certificate
previously held by Bombardier, Inc). This airplane, which is currently
approved under Type Certificate A21EA-1, is a twin-engine transport
category airplane with a maximum takeoff weight of 47,450 pounds. The
Model CL-600-2B19 (Challenger 850 series) airplane has a seating
capacity of 19 passengers.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, B/E Aerospace must show that the MHI RJ Aviation ULC Model
CL-600-2B19 airplane, as changed, continues to meet the applicable
provisions of the regulations listed in Type Certificate No. A21EA-1 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 MHI RJ Aviation ULC Model CL-600-
2B19 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 MHI RJ Aviation ULC Model CL-600-2B19 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 Sec. 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 MHI RJ Aviation ULC Model CL-600-2B19 airplane will incorporate
the following novel or unusual design feature:
A modification of the oxygen-distribution system that affects how
the common source of oxygen supply on board is shared between the
flightcrew and passengers to provide supplemental and therapeutic
oxygen.
Discussion
No specific regulations address the design and installation of
required passenger oxygen systems that share a supply source with an
optional oxygen system used specifically for therapeutic applications.
Therapeutic oxygen systems have been previously certified, and were
generally considered an extension of the passenger oxygen system for
the purpose of defining the applicable regulations. As a result,
existing requirements, such as Sec. Sec. 25.1309, 25.1441(b) and (c),
25.1451, and 25.1453, in the MHI RJ Aviation ULC Model CL-600-2B19
airplanes' certification basis applicable to this STC project, provide
some design standards appropriate for oxygen system installations. In
addition, Sec. 25.1445 includes standards for oxygen distribution
systems when oxygen is supplied to flightcrew and passengers. If a
common source of supply is used, Sec. 25.1445(a)(2) requires a means
to separately reserve the minimum supply required by the flightcrew.
Section 25.1445 is intended to protect the flightcrew by ensuring
that an adequate supply of oxygen is available to complete a descent
and landing following a loss of cabin pressure. When the regulation was
written, the only passenger oxygen system designs were supplemental
oxygen systems intended to protect passengers from hypoxia in the event
of a decompression. Existing passenger oxygen systems did not include
design features that would allow the flightcrew to control oxygen to
passengers during flight. There are no similar requirements in Sec.
25.1445 when oxygen is supplied from the same source to passengers for
use during a decompression, and for discretionary or first-aid use any
time during the flight. In the design, the passenger and therapeutic
oxygen systems use the same source of oxygen. These special conditions
contain additional design requirements for the equipment involved in
this dual therapeutic oxygen plus gaseous oxygen installation.
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
MHI RJ Aviation ULC Model CL-600-2B19 airplane. Should B/E Aerospace
apply at a later date for a supplemental type certificate to modify any
other model included on Type Certificate No. A21EA-1 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 who applied to the FAA for approval of these
features on the airplane.
[[Page 33550]]
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, and
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 MHI RJ Aviation ULC Model CL-600-2B19
airplanes, as modified by B/E Aerospace Ltd.
The distribution system for the passenger therapeutic oxygen system
must be designed and installed to meet requirements as follows:
When oxygen is supplied to passengers for both supplemental and
therapeutic purposes, the distribution system must be designed for
either--
(1) A source of supplemental oxygen for protection following a loss
of cabin pressure, and a separate source for therapeutic purposes; or
(2) A common source of supply with means to separately reserve the
minimum supply required by the passengers for supplemental use
following a loss of cabin pressure.
Issued in Kansas City, Missouri, on May 18, 2023.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023-10987 Filed 5-23-23; 8:45 am]
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