[Federal Register: May 28, 2009 (Volume 74, Number 101)]
[Rules and Regulations]
[Page 25388-25390]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my09-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE295; Special Conditions No. 23-235-SC]
Special Conditions: Embraer S.A. Model EMB-505; Full Authority
Digital Engine Control (FADEC) 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. Model
EMB-505 airplane. This airplane will have a novel or unusual design
feature(s) associated with the use of an electronic engine control
system instead of a traditional mechanical control 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 May 20, 2009.
We must receive your comments by June 29, 2009.
ADDRESSES: Mail two copies of your comments to: Federal Aviation
Administration, Small Airplane Directorate, Attn: Rules Docket (ACE-7),
Docket No. CE295, 901 Locust, Room 301, Kansas City, Missouri 64106.
You may deliver two copies to the Small Airplane Directorate at the
above address. Mark your comments: Docket No. CE295. You may inspect
comments in the Rules Docket weekdays, except Federal holidays, between
7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Peter L. Rouse, Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri
64106; 816-329-4135, fax 816-329-4090.
SUPPLEMENTARY INFORMATION: The FAA has determined that notice and
opportunity for prior public comment hereon 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 issuance.
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
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supporting data. We ask that you send us two copies of written
comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
about these special conditions. You may inspect the docket before and
after the comment closing date. If you wish to review the docket in
person, go to the address in the ADDRESSES section of this preamble
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
We will consider all comments we receive by the closing date for
comments. We will consider comments filed late if it is possible to do
so without incurring expense or delay. We may change these special
conditions based on the comments we receive.
If you want us to let you know we received your comments on these
special conditions, send us a pre-addressed, stamped postcard on which
the docket number appears. We will stamp the date on the postcard and
mail it back to you.
Background
On October 9, 2006, Embraer S.A. applied for a type certificate for
their new Model EMB-505. The EMB-505 is a twin engine jet which has
applied for type certification in the commuter category. As such, the
airplane is proposed to be type certificated in the commuter category
of 14 CFR part 23 (and comparable Brazilian requirements RBHA 23) by
exemption from 14 CFR 23.3(d). The EMB-505 is predominantly of metallic
construction and is a conventionally configured low-wing monoplane with
a T-tail and tricycle landing gear. The airplane's maximum takeoff
weight is 17490 pounds. The VMO/MMO is 320 KCAS/M
.78, with a maximum operating altitude of 45,000 feet. Requested
operations are day/night VFR/IFR and icing operations.
The Embraer S.A. Model EMB-505 airplane is equipped with two Pratt
and Whitney of Canada 3360 pound thrust PW535E turbofan engines, each
using an electronic engine control system (FADEC) instead of a
traditional mechanical control system. Even though the engine control
system will be certificated as part of the engine, the installation of
an engine with an electronic control system requires evaluation due to
critical environmental effects and possible effects on or by other
airplane systems. For example, indirect effects of lightning, radio
interference with other airplane electronic systems, shared engine and
airplane data and power sources.
The regulatory requirements in 14 CFR part 23 for evaluating the
installation of complex systems, including electronic systems and
critical environmental effects, are contained in Sec. 23.1309.
However, when Sec. 23.1309 was developed, the use of electronic
control systems for engines was not envisioned. Therefore, the Sec.
23.1309 requirements were not applicable to systems certificated as
part of the engine (reference Sec. 23.1309(f)(1)). Although the parts
of the system that are not certificated with the engine could be
evaluated using the criteria of Sec. 23.1309, the integral nature of
systems such as these makes it unfeasible to evaluate the airplane
portion of the system without including the engine portion of the
system.
In some cases, the airplane that the engine is used in will
determine a higher classification (Advisory Circular (AC) 23.1309) than
the engine controls are certificated for, which will require that the
FADEC/DEEC systems be analyzed at a higher classification. Since
November 2005, FADEC special conditions have mandated the
classification for Sec. 23.1309 analysis for loss of FADEC control as
catastrophic for any airplane. This is not to imply that an engine
failure is classified as catastrophic, but that the digital engine
control must provide an equivalent reliability to mechanical engine
controls.
Type Certification Basis
Under the provisions of 14 CFR Sec. 21.17, Embraer S.A. must show
that the Model EMB-505 meets the applicable provisions of 14 CFR part
23, as amended by Amendments 23-1 through 23-55, thereto.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the Model EMB-505 because of a novel
or unusual design feature, special conditions are prescribed under the
provisions of Sec. 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-505 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, and the FAA must issue a
finding of regulatory adequacy under Sec. 611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
The FAA issues special conditions, as appropriate, as defined in
11.19, under Sec. 11.38, and they become part of the type
certification basis under Sec. 21.17(a)(2).
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, the special conditions would also apply to the
other model.
Novel or Unusual Design Features
The Embraer S.A. Model EMB-505 will incorporate the following novel
or unusual design features:
Electronic engine control system.
Applicability
As discussed above, these special conditions are applicable to the
Model EMB-505. Should Embraer S.A. 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, Model EMB-505, 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.
Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register; however, as the certification date for the Embraer
S.A. Model EMB-505 is imminent, the FAA finds that good cause exists to
make these special conditions effective upon issuance.
List of Subjects in 14 CFR Part 23
Aircraft, Aviation safety, Signs and symbols.
Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and
21.17; and 14 CFR 11.38 and 11.19.
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 the Embraer S.A. Model EMB-505
airplanes.
1. Electronic Engine Control
The installation of the electronic engine control system must
comply with the requirements of Sec. 23.1309(a) through (e) at
Amendment 23-55. The intent of this requirement is not to reevaluate
the inherent hardware
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reliability of the control itself, but rather determine the effects,
including environmental effects addressed in Sec. 23.1309(e), on the
airplane systems and engine control system when installing the control
on the airplane. When appropriate, engine certification data may be
used when showing compliance with this requirement; however, the
effects of the installation on this data must be addressed.
For these evaluations, the loss of FADEC control will be analyzed
utilizing the threat levels associated with a catastrophic failure.
Issued in Kansas City, Missouri on May 20, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-12417 Filed 5-27-09; 8:45 am]
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