[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Proposed Rules]
[Pages 33147-33149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12833]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / 
Proposed Rules  

[[Page 33147]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2020-0893; Notice No. 25-21-02-SC]


Special Conditions: Pro Star Aviation LLC, Bombardier Model CL-
600-2B16 Airplanes; Installation of an Infrared Laser Countermeasure 
System.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Bombardier 
Model CL-600-2B16 (Bombardier) airplane. This airplane, as modified by 
Pro Star Aviation LLC (Pro Star Aviation), 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 system that emits infrared laser energy outside the 
aircraft as a countermeasure against heat-seeking missiles. 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 August 9, 2021.

ADDRESSES: Send comments identified by Docket No. FAA-2020-0893 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: Except for Confidential Business Information (CBI) as 
described in the following paragraph, and other information as 
described in 14 CFR 11.35, the FAA will post all comments received 
without change, to http://www.regulations.gov/, including any personal 
information you provide. The FAA will also post a report summarizing 
each substantive verbal contact received about this proposal.

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 
this document contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this document, 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 they 
will not be placed in the public docket of this document. Send 
submissions containing CBI to the person indicated in the Contact 
section below. Comments that 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 
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: Eric Peterson, Safety Risk Management 
Section, AIR-633, Policy and Innovation Division, Aircraft 
Certification Service, Federal Aviation Administration, 2200 South 
216th Street, Des Moines, Washington 98198; telephone and fax 206-231-
3413; email Eric.M.Peterson@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2020-0893'' at the beginning 
of your comments. 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 and 
may amend these special conditions because of those comments.

Background

    On December 7, 2018, Pro Star Aviation applied for a supplemental 
type certificate to install a ``Large Aircraft Infrared Countermeasure 
(LAIRCM)'' system, which directs infrared laser energy toward heat-
seeking missiles, on the Bombardier Model CL-600-2B16 airplane. This 
airplane, which is a derivative of the Bombardier Model CL-600 series 
airplanes currently approved under Type Certificate No. A21EA, is a 
twin-engine business jet with seating for 20 passengers and two 
crewmembers, and a maximum takeoff weight of 47,600 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR 21.101), Pro Star Aviation must show that the Bombardier Model CL-
600-2B16 airplane, as changed, continues to meet the applicable 
provisions of the regulations listed in Type Certificate No. A21EA, 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 Bombardier Model CL-600-2B16

[[Page 33148]]

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 Bombardier Model CL-600-2B16 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 Bombardier Model CL-600-2B16 airplane, as modified by Pro Star 
Aviation, will incorporate the following novel or unusual design 
feature:
    A system that emits infrared laser energy outside the aircraft.

Discussion

    In recent years, in several incidents abroad, civilian aircraft 
were fired upon by man-portable air defense systems (MANPADS). This has 
led several companies to design and adapt systems like LAIRCM for 
installation on civilian aircraft, to protect those aircraft against 
heat-seeking missiles. Pro Star Aviation's LAIRCM system directs 
infrared laser energy toward an incoming missile, in an effort to 
interrupt the missile's tracking of the aircraft's heat.
    Infrared laser energy can pose a hazard to persons on the aircraft, 
on the ground, and on other aircraft. The risk is heightened because 
infrared light is invisible to the human eye. Human exposure to 
infrared laser energy can result in eye and skin damage, and affect a 
flight crew's ability to control the aircraft. Infrared laser energy 
can also affect other aircraft, whether airborne or on the ground, and 
property, such as fuel trucks and airport equipment, in a manner that 
adversely affects aviation safety.
    FAA design standards for transport category airplanes did not 
envisage that a design feature could project infrared laser energy 
outside the airplane. The FAA's design standards are inadequate to 
address this capability. Therefore, this system is a novel or unusual 
design feature, and the FAA has developed these proposed special 
conditions to establish a level of safety equivalent to that of the 
regulations.
    Special conditions are also warranted, per 14 CFR 21.16, because 
FAA design standards are inappropriate for this design feature. 14 CFR 
25.1301 requires installed equipment to be of a design that is 
appropriate for its intended function. The FAA has no basis to 
determine whether this LAIRCM system will successfully perform its 
intended function of thwarting heat-seeking missiles.
    The special conditions that the FAA proposes to address the 
installation of the LAIRCM system on this model of airplane are as 
follows.
    Ground Activation. Condition 1 requires the design to have means to 
prevent inadvertent operation of the system while the airplane is on 
the ground, including during maintenance. These means must identify and 
address all foreseeable failure modes that may result in inadvertent 
operation. These modes include errors in airplane maintenance and 
operating procedures, such as erroneously setting the system to ``air'' 
mode while the airplane is on the ground. The applicant could show such 
failure modes, their risks, and how they will be addressed, by 
conducting safety assessments and incorporating prevention strategies 
into the design.
    In-Flight Activation. Condition 2 requires that the system be 
designed so that in-flight operation does not result in damage to the 
airplane or to other aircraft, or injury to any person. To account for 
these effects, the applicant's analysis should include effects from the 
system's erroneous operation, from system failures, and from failures 
that may not be readily detectable prior to flight (i.e. latent 
failures). The applicant may address this condition through safety 
assessments and incorporation of prevention strategies into its design. 
The ``operation'' addressed by Condition 2 includes all operation of 
the system, whether intentional, inadvertent, or automatic.
    Markings, instructions, and other information. Conditions 3, 4, and 
5 are intended to protect certain categories of persons based upon 
their expected interaction with the system. These conditions require 
the design to supply certain safety information to these persons.
    Condition 3 requires the design to provide pertinent laser-safety 
information to maintenance and service personnel at the location of the 
installation. At a minimum, such ``pertinent'' information will include 
information about potential hazards to persons who are using optical 
magnification devices, such as magnifying glasses or binoculars. The 
warning information should be consistent with the laser's 
classification in 21 CFR parts 1000-1010.
    Condition 4 requires the airplane instructions for continued 
airworthiness to contain the appropriate warnings related to the 
laser's classification. Like the warning information to be provided at 
the location of the laser system's installation, the purpose of this 
condition is to ensure any person maintaining the system is aware of 
the hazards, including those related to the use of magnifying glasses 
or binoculars.
    Condition 5 requires the applicant to update the airplane operating 
limitations and information required under 14 CFR 25.1581. The airplane 
flight-manual supplement insert must describe the intended function of 
the LAIRCM system, its intended operation, and the phases of flight in 
which it may be used. The insert also must add a caution that describes 
the significant risk of injury the LAIRCM system poses to others while 
in proximity to other aircraft, airports, and populated areas.
    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.
    After considering public comment, should the FAA impose these 
special conditions on the applicant, and issue a supplemental type 
certificate for the installation of this system, such approvals would 
not constitute approval to operate the system. FAA Advisory Circular 
70-1, Outdoor Laser Operations, provides guidance on obtaining 
operational approval.

Applicability

    As discussed above, these special conditions are applicable to the 
Bombardier Model CL-600-2B16 airplane with the Pro Star Aviation LAIRCM 
system installed. Should Pro Star Aviation apply at a later date for a 
supplemental type certificate to modify any other model included on 
Type Certificate No. A21EA 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.

[[Page 33149]]

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 the Bombardier Model CL-600-2B16 airplane with the LAIRCM system, 
as modified by Pro Star Aviation.
    1. The system must have means that prevent the inadvertent 
activation of the system on the ground, including during airplane 
maintenance and ground handling. Such means must address all 
foreseeable failure modes and operating and maintenance errors.
    2. The system must be designed so that its operation in-flight does 
not result in damage to the airplane or other aircraft, or injury to 
any person. Operation of the system must not be capable of compromising 
continued safe flight and landing of other aircraft and the airplane on 
which it is installed, either by direct damage, laser-reflective 
damage, or through distraction or incapacitation of crew.
    3. Laser-safety information for maintaining or servicing the 
airplane must be prominently placarded on the airplane or LAIRCM system 
at the location of the laser installation.
    4. Instructions for continued airworthiness for installation, 
removal, and maintenance of the LAIRCM system must contain warnings 
appropriate to the laser classification concerning the hazards 
associated with exposure to laser radiation. This includes instructions 
regarding potential hazards to personnel who are using optical 
magnification devices such as magnifying glasses or binoculars.
    5. The airplane flight manual supplement (AFMS) must describe the 
intended functions of the installed laser systems, to include 
identifying the intended operations and phases of flight. The AFMS must 
state, ``CAUTION: The operation of the installed laser system could 
pose significant risk of injury to others while in proximity to other 
aircraft, airports, and populated areas.''

    Issued in Kansas City, Missouri, on June 14, 2021.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2021-12833 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-13-P


