[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Proposed Rules]
[Pages 20053-20054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09267]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2018-1016; Notice No. 25-19-06-SC]


Special Conditions: The Boeing Company Model 777-9 Airplane; 
Electronic Flight-Control System and Control-Surface-Position Awareness

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

-----------------------------------------------------------------------

SUMMARY: This action proposes special conditions for The Boeing Company 
(Boeing) Model 777-9 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 control-surface-position awareness. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for this design feature. These proposed 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: Send comments on or before June 24, 2019.

ADDRESSES: Send comments identified by Docket No. FAA-2018-1016 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 website, 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).
    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: Joe Jacobsen, Airplane & Flight Crew 
Interface Section, AIR-671, Transport Standards Branch, Policy and 
Innovation Division, Aircraft Certification Service, Federal Aviation 
Administration, 2200 South 216th Street, Des Moines, Washington 98198; 
telephone: 206-231-3158; email: joe.jacobsen@faa.gov.

SUPPLEMENTARY INFORMATION: 

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 December 6, 2013, Boeing applied for an amendment to Type 
Certificate No. T00001SE to include the new 777-9 airplane. This 
airplane, which is a derivative of the Boeing Model 777 airplane 
currently approved under Type Certificate No. T00001SE, is a twin-
engine, transport-category airplane with seating for 495 passengers and 
a maximum takeoff weight of 775,000 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, Boeing must show that the Model 777-9 airplane meets the 
applicable provisions of the regulations listed in Type Certificate No. 
T00001SE, 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 Boeing Model 777-9 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 Boeing Model 777-9 airplane must comply with the fuel-
vent and exhaust-emission requirements of 14 CFR part 34, and the 
noise-

[[Page 20054]]

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 Boeing Model 777-9 airplane will incorporate the following 
novel or unusual design feature:
    An electronic flight-control system requiring control-surface-
position awareness.

Discussion

    With a response-command type of flight-control system and no direct 
coupling from the cockpit controller to control surface, such as on the 
Boeing Model 777 and 787 airplanes, the pilot is not aware of the 
actual surface-deflection position during flight maneuvers. This 
feature of this design is novel and unusual when compared to the state 
of technology envisioned in the airworthiness standards for transport-
category airplanes. These special conditions are intended to contain 
the additional safety standard.
    Some unusual flight conditions, arising from atmospheric 
conditions, or airplane or engine failures, or both, may result in full 
or nearly full control-surface deflection. Unless the flightcrew is 
made aware of excessive deflection or impending control-surface 
deflection limiting, piloted or the automated flight-control system 
control of the airplane could be inadvertently continued in a way that 
would cause loss of control, or other unsafe handling or performance 
situations.
    The special conditions require that suitable annunciation be 
provided to the flightcrew when a flight condition exists in which 
nearly full control-surface deflection occurs. Suitability of such an 
annunciation must take into account that some pilot-demanded maneuvers, 
such as a rapid roll, are necessarily associated with intended full or 
nearly full control-surface deflection. Simple alerting systems, which 
would function in both intended and unexpected control-limiting 
situations, must be properly balanced between providing needed crew 
awareness and avoiding nuisance warnings.
    The special conditions are derived initially from standardized 
requirements the Aviation Rulemaking Advisory Committee (ARAC) 
developed, a committee comprising representatives of the FAA, Europe's 
Joint Aviation Authorities (now replaced by the European Aviation 
Safety Agency), and industry representatives. In the case of some of 
these requirements, a draft notice of proposed rulemaking has been 
prepared but no final rule has yet been issued.
    The proposed 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 proposed special conditions are 
applicable to the Boeing Model 777-9 airplane. Should Boeing 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 Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for Boeing Model 777-9 airplanes.
    In addition to compliance with Sec. Sec.  25.143, 25.671, and 
25.672, the following proposed 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. This indication should direct the pilot to take 
appropriate action to avoid the unsafe condition in accordance with 
appropriate airplane flight manual (AFM) instructions. Depending on the 
application, suitable annunciations may include flight-deck control 
position, annunciator light, or surface position indicators. 
Furthermore, this requirement applies at limits of control authority, 
not necessarily at limits of any individual surface travel.
    2. Suitability of such a display or alerting must take into account 
that some pilot-demanded maneuvers are necessarily associated with 
intended full performance, which may require full surface deflection. 
Therefore, simple alerting systems, which would function in both 
intended or unexpected control-limiting situations, must be properly 
balanced between needed flightcrew awareness and nuisance factors. A 
monitoring system, which might compare airplane motion, surface 
deflection, and pilot demand, could be useful for eliminating nuisance 
alerting.

    Issued in Des Moines, Washington, on May 1, 2019.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2019-09267 Filed 5-7-19; 8:45 am]
 BILLING CODE 4910-13-P


