
[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Rules and Regulations]
[Pages 41633-41636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16781]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0209; Special Conditions No. 25-559-SC]


Special Conditions: Embraer Model ERJ-190 Airplane, Enhanced 
Flight-Vision System (EFVS)

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 Embraer Model ERJ-
190 airplane. This airplane will have a novel or unusual design feature 
associated with an enhanced flight-vision system. 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: The effective date of these special conditions is July 17, 2014. 
We must receive your comments by September 2, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0209 
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: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot .gov/.
    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 the 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: Dale Dunford, FAA, Airplane and 
Flightcrew Interface, ANM-111, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-2239; facsimile 425-227-1320.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions are 
impracticable because these procedures would significantly delay 
issuance of the design approval and thus delivery of the affected 
aircraft. In addition, the substance of these special conditions has 
been subject to the public-comment process in several prior instances 
with no substantive comments received. The FAA therefore finds that 
good cause exists for making these special conditions effective upon 
publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending

[[Page 41634]]

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.
    We will consider all comments we receive by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    On December 10, 2012, Embraer applied for a change to Type 
Certificate No. A57NM to add an enhanced flight-vision system to the 
Embraer Model ERJ-190 airplane. The Embraer Model ERJ-190 airplane is a 
low-wing, conventional-tail, twin-turbofan, transport-category airplane 
with seating for up to 124 passengers.
    The EFVS uses new and novel or unusual technology for which the FAA 
has no certification criteria. Title 14, Code of Federal Regulations 
(14 CFR) 25.773 does not permit visual distortions and reflections that 
could interfere with the pilot's normal duties, and was not written in 
anticipation of such technology. Because Sec.  25.773 does not provide 
for any alternatives or considerations for such a new and novel system, 
it is necessary to establish safety requirements that assure an 
equivalent level of safety and effectiveness of the pilot-compartment 
view as intended by this rule. Other applications for certification of 
such technology are anticipated in the near future and magnify the need 
to establish FAA safety standards that can be applied consistently for 
all such approvals. Special conditions are therefore prescribed under 
the provisions of Sec.  21.16.

Type Certification Basis

    Under the provisions of Sec.  21.101, Embraer must show that the 
Model ERJ-190 airplane, as changed, continues to meet the applicable 
provisions of the regulations incorporated by reference in Type 
Certificate No. A57NM or the applicable regulations in effect on the 
date of application for the change. The regulations incorporated by 
reference in the type certificate are commonly referred to as the 
``original type-certification basis.'' The regulations incorporated by 
reference in A57NM are as follows:
    14 CFR part 25, Amdts. 25-1 through 25-101 in entirety. In 
addition, the certification basis includes certain special conditions, 
exemptions, or later amended sections of the applicable part that are 
not relevant to these special conditions.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model ERJ-190 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.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Model ERJ-190 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, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, the special conditions would also apply to the 
other model.
    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 Model ERJ-190 airplane will incorporate the following novel or 
unusual design features:
    Installation of an enhanced flight-vision system (EFVS).

Discussion

    On January 9, 2004, the FAA published revisions to operational 
rules in 14 CFR parts 1, 91, 121, 125 and 135 to allow aircraft to 
operate below certain altitudes during a straight-in instrument 
approach while using an EFVS to meet certain visibility requirements.
    Some Enhanced Vision Systems (EVS) were approved prior to this rule 
change in accordance with provisions of Special Conditions (re: ANM-SC-
159) that addressed requirements for the pilot-compartment view and 
limited the scope of intended functions permissible under the 
operational rules at the time (re: Sec.  91.175). In particular, the 
intended function of the EVS imagery was to present a view that aided 
the pilot during the approach, and which the pilot could use to detect 
and identify the visual references for the intended runway, as listed 
in 14 CFR 91.175(c)(3), down to 100 feet above the touchdown zone. 
However, the EVS imagery alone was not to be used as a means to satisfy 
visibility requirements below 100 feet, as a means to satisfy flight-
visibility requirements (re: Sec.  91.175(c)(2)), nor as flight 
guidance or as a substitute for the outside view for maneuvering the 
airplane.
    The operational rule change expands the permissible application of 
certain EVSs that are certified to meet the new requirements for an 
EFVS. The rule will allow the use of EFVS for operation between the 
minimum descent altitude (MDA) or decision height (DH) to meet new 
visibility requirements found in Sec.  91.175(l). Consequently, the 
intended function of the EFVS, unlike the previously approved EVS, 
includes the pilot's use of the imagery to determine that the 
``enhanced flight visibility'' is not less than the minimum visibility 
prescribed for the instrument approach, and may be used for maneuvering 
the airplane between MDA or DH, and 100 feet above touchdown-zone 
elevation. See Advisory Circular (AC) 20-167 for a more in-depth 
description of the intended function.
    The EFVS uses new and novel or unusual technology that displays 
video-raster imagery in the field of view regulated by 14 CFR 25.773. 
This rule does not permit distortions and reflections in the pilot-
compartment view that can interfere with normal duties and was not 
written in anticipation of such technology. The video image potentially 
interferes with the pilot's ability to see the natural scene in the 
center of the forward field of view.
    Unlike the pilot's natural forward vision, the EFVS image is 
infrared-based, monochrome, two-dimensional (i.e., no depth 
perception), and of lower resolution than normal human vision provides. 
While the pilot may be readily able to see around and through small 
individual stroke-written symbols on the HUD, the pilot may not be able 
to see around or through the image that fills the display without some 
interference of the outside view. Nevertheless, the EFVS may be capable 
of meeting an equivalent level of safety when considering the combined 
view of the image and the outside scene, which is visible to the pilot 
through the image. It is essential that the pilot can use this 
combination of image and natural view of the outside scene as safely 
and effectively as the pilot-compartment view currently available 
without the EFVS image.
    Because Sec.  25.773 does not expressly provide for any 
alternatives or considerations for such a new and novel system, it is 
necessary to establish safety requirements that assure an equivalent 
level of safety and effectiveness of the pilot-compartment view as 
intended by that rule. The purpose of these special conditions is to 
provide the unique

[[Page 41635]]

pilot-compartment view requirements for the EFVS installation.
    Compliance with these special conditions is required for the EFVS 
to be found acceptable for the following intended functions, in 
accordance with Sec.  91.175(l) and (m):
    1. Presenting an image that would aid the pilot during a straight-
in instrument approach.
    2. Enable the pilot to determine the ``enhanced flight 
visibility,'' as required by Sec.  91.175(l)(2) for descent and 
operation below MDA/DH.
    3. Enable the pilot to use the EFVS imagery to detect and identify 
the ``visual references for the intended runway'' required by Sec.  
91.175(l)(3), to continue the approach with vertical guidance to 100 
feet height above touchdown-zone elevation.

    Note: The term ``enhanced vision system (EVS)'' has been 
commonly used to refer to a system comprised of a head-up display, 
imaging sensor(s), and avionics interfaces that display the sensor 
imagery on the HUD, and overlay that imagery with alpha-numeric and 
symbolic flight information. However, the term has also been 
commonly used in reference to systems that display the sensor 
imagery, with or without other flight information, on a head-down 
display. Hence, to avoid confusion, the FAA defined the term 
``enhanced flight-vision system (EFVS)'' to refer to certain EVS 
systems that meet the requirements of the new rule, in particular 
the requirement for a HUD and specified flight information, and can 
be used to determine ``enhanced flight visibility.'' EFVS can be 
considered a subset of systems otherwise labeled EVS.

    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 
Embraer Model ERJ-190 airplane. Should Embraer apply at a later date 
for a change to the type certificate to include another model 
incorporating the same novel or unusual design feature, the special 
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplanes. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. Therefore, because a delay would 
significantly affect the certification of the EFVS modification to the 
Embraer Model ERJ-190 airplane, which is imminent, the FAA has 
determined that prior public notice and comment are unnecessary and 
impracticable, and good cause exists for adopting these special 
conditions upon publication in the Federal Register.
    The FAA requests comments to allow interested persons to submit 
views that may not have been submitted in response to the prior 
opportunities for comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 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 Embraer Model ERJ-190 airplane.
    1. EFVS imagery on the HUD must not degrade the safety of flight or 
interfere with the effective use of outside visual references for 
required pilot tasks during any phase of flight in which it is to be 
used.
    2. To avoid unacceptable interference with the safe and effective 
use of the pilot-compartment view, the EFVS device must meet the 
following requirements:
    a. EFVS design must minimize unacceptable display characteristics 
or artifacts (e.g. noise, ``burlap'' overlay, running water droplets) 
that obscure the desired image of the scene, impair the pilot's ability 
to detect and identify visual references, mask flight hazards, distract 
the pilot, or otherwise degrade task performance or safety.
    b. Control of EFVS display brightness must be sufficiently 
effective, in dynamically changing background (ambient) lighting 
conditions, to prevent full or partial blooming of the display that 
would distract the pilot, impair the pilot's ability to detect and 
identify visual references, mask flight hazards, or otherwise degrade 
task performance or safety. If automatic control for image brightness 
is not provided, it must be shown that a single manual setting is 
satisfactory for the range of lighting conditions encountered during a 
time-critical, high-workload phase of flight (e.g., low-visibility 
instrument approach).
    c. A readily accessible control must be provided that permits the 
pilot to immediately deactivate and reactivate display of the EFVS 
image on demand, without removing the pilot's hands from the primary 
flight controls (yoke or equivalent) or thrust control.
    d. The EFVS image on the HUD must not impair the pilot's use of 
guidance information, or degrade the presentation and pilot awareness 
of essential flight information displayed on the HUD, such as alerts, 
airspeed, attitude, altitude and direction, approach guidance, wind-
shear guidance, TCAS resolution advisories, and unusual-attitude 
recovery cues.
    e. The EFVS image and the HUD symbols, which are spatially 
referenced to the pitch scale, outside view, and image, must be scaled 
and aligned (i.e., conformal) to the external scene and, when 
considered singly or in combination, must not be misleading, cause 
pilot confusion, or increase workload. There may be airplane attitudes 
or cross-wind conditions which cause certain symbols, such as the zero-
pitch line or flight-path vector, to reach field-of-view limits such 
that they cannot be positioned conformably with the image and external 
scene. In such cases, these symbols may be displayed, but with an 
altered appearance which makes the pilot aware that they are no longer 
displayed conformably (for example, ``ghosting'').
    f. A HUD system used to display EFVS images must, if previously 
certified, continue to meet all of the requirements of the original 
approval.
    3. The safety and performance of the pilot tasks associated with 
the use of the pilot-compartment view must be not be degraded by the 
display of the EFVS image. Pilot tasks which must not be degraded by 
the EFVS image include:
    a. Detection, accurate identification, and maneuvering, as 
necessary, to avoid traffic, terrain, obstacles, and other hazards of 
flight.
    b. Accurate identification and utilization of visual references 
required for every task relevant to the phase of flight.
    4. Appropriate limitations must be stated in the Operating 
Limitations section of the Airplane Flight Manual to prohibit the use 
of the EFVS for functions that have not been found to be acceptable.


[[Page 41636]]


    Issued in Renton, Washington, on June 19, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-16781 Filed 7-16-14; 8:45 am]
BILLING CODE 4910-13-P


