
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Rules and Regulations]
[Pages 14117-14119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05329]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-9403; Special Conditions No. 25-643-SC] Special 
Conditions: Embraer, S.A., Model ERJ 190-300 Airplane; Dive-Speed


Definition with High-Speed-Protection System

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, S.A., 
(Embraer) Model ERJ 190-300 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. 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 Embraer on March 17, 2017. We must 
receive your comments by May 1, 2017.

ADDRESSES: Send comments identified by docket number FAA-2016-9403 
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

[[Page 14118]]

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 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: Greg Schneider, FAA, Airframe and 
Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-2116; facsimile 425-227-1320.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions is 
impracticable because these procedures could delay issuance of the 
design approval and thus delivery of the affected airplane.
    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.
    The FAA is requesting comments to allow interested persons to 
submit views that may not have been submitted in response to the prior 
opportunities for comment described above.

Comments Invited

    We invite 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.
    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 September 13, 2013, Embraer S.A. applied for an amendment to 
Type Certificate No. A57NM to include the new Model ERJ 190-300 series 
airplanes. The ERJ 190-300, which is a derivative of the ERJ 190-100 
STD currently approved under Type Certificate No. A57NM, is a 97 to 
114-passenger transport-category airplane designed with a new wing with 
a high aspect ratio and raked wingtip, and a new electrical-
distribution system. The maximum take-off weight is 124,340 lbs (56,400 
kg).

Type Certification Basis

    Under the provisions of Sec.  21.101, Embraer must show that the 
ERJ 190-300 meets the applicable provisions of the regulations listed 
in Type Certificate No. A57NM, 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 (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Embraer Model ERJ 190-300 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, 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 Embraer Model ERJ 190-300 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 Embraer Model ERJ 190-300 airplane will incorporate the 
following novel or unusual design feature: a high-speed-protection 
system.

Discussion

    Section 25.335(b)(1) addresses a dive-speed condition, that was 
originally adopted in part 4b of the Civil Air Regulations, to provide 
an acceptable speed margin between design cruise speed and design dive 
speed. Design dive speed impacts flutter-clearance design speeds and 
airframe design loads. While the initial condition for the upset 
specified in the rule is 1 g level flight, protection is provided for 
other inadvertent overspeed conditions as well. Section 25.335(b)(1) is 
intended as a conservative enveloping condition for potential overspeed 
conditions, including non-symmetric conditions. To ensure that 
potential overspeed conditions are covered, the applicant should 
demonstrate that the airplane will not exceed dive speed in 
inadvertent, or gust-induced, upsets resulting in initiation of the 
dive from non-symmetric attitudes; or that the airplane is protected, 
by the flight-control laws, from getting into non-symmetric upset 
conditions. The applicant should conduct a demonstration that includes 
a comprehensive set of conditions, as described in the special 
conditions.
    These special conditions are in lieu of Sec.  25.335(b)(1). Section 
25.335(b)(2), which also addresses the design dive speed, is applied 
separately. Advisory Circular (AC) 25.335-1A, Design Dive Speed, dated 
September 29, 2000, provides an acceptable means of compliance to Sec.  
25.335(b)(2)).
    Special conditions are necessary to address the high-speed-
protection system on the Embraer Model ERJ 190-300 airplane. The 
special conditions identify various symmetric and non-symmetric 
maneuvers that will 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 
Embraer Model ERJ 190-300 airplane. Should Embraer apply at a later 
date for a change to the type certificate to include

[[Page 14119]]

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 certain novel or unusual design features 
on one model of airplane. 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 airplane, 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 is 
requesting 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 190-300 airplanes.
    1. In lieu of compliance with Sec.  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 special conditions 1(a) and 1(b), 
below. The speed increase occurring in these maneuvers may be 
calculated if reliable or conservative aerodynamic data are used.
    a. 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. Control application, up to full 
authority, is made to try to maintain this new flight path. Twenty 
seconds after initiating the upset, manual recovery is made at a load 
factor of 1.5 g (0.5 g acceleration increment), or such greater load 
factor that is automatically applied by the system with the pilot's 
pitch control neutral. Power, as specified in Sec.  25.175(b)(1)(iv), 
is assumed until recovery is initiated, at which time power reduction 
and the use of pilot-controlled drag devices may be used.
    b. 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. Recovery may be initiated three seconds after operation 
of the high-speed warning system by application of a load of 1.5 g (0.5 
g 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.
    2. 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 airplane is protected, by the flight-control 
laws, from getting into non-symmetric upset conditions. The upset 
maneuvers described in Advisory Circular 25-7C, ``Flight Test Guide for 
Certification of Transport Category Airplanes,'' section 8, paragraph 
32, sub-paragraphs c(3)(a) and (b), may be used to comply with this 
requirement.
    3. The probability of any failure of the high-speed-protection 
system that would result in an airspeed exceeding those determined by 
special conditions 1 and 2, above, must be less than 10-5 
per flight hour.
    4. Failures of the system must be annunciated to the pilots. 
Airplane flight-manual instructions must be provided that reduce the 
maximum operating speeds, VMO/MMO. With the 
system failed, the operating speed must be reduced to a value that 
maintains a speed margin between VMO/MMO and 
VD/MD, and that is consistent with showing 
compliance with Sec.  25.335(b) without the benefit of the high-speed-
protection system.
    5. Dispatch of the airplane with the high-speed-protection system 
inoperative could be allowed under an approved minimum equipment list 
that would require airplane flight-manual instructions to indicate 
reduced maximum operating speeds, as described in special condition 4, 
above. In addition, the flight-deck display of the reduced operating 
speeds, as well as the overspeed warning for exceeding those speeds, 
must be equivalent to that of the normal airplane with the high-speed-
protection system operative. Also, the applicant must show that no 
additional hazards are introduced with the high-speed-protection system 
inoperative.

    Issued in Renton, Washington, on February 7, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-05329 Filed 3-16-17; 8:45 am]
 BILLING CODE 4910-13-P


