45523

Rules and Regulations Federal Register Vol. 62, No. 167

Thursday, August 28, 1997

This section of the FEDERAL REGISTER passenger, pressurized, low-winged, the early 1960’s, thrust reversers were contains regulatory documents having general ‘‘T’’ tailed, transport category airplane developed to reverse both the fan and applicability and legal effect, most of which with retractable tricycle type landing core exhaust flows, thus maintaining the are keyed to and codified in the Code of gear. The airplane is powered by two availability of auxiliary braking. With Federal Regulations, which is published under Allison Model AE3007A high bypass the advent of large high bypass ratio 50 titles pursuant to 44 U.S.C. 1510. ratio turbofan engines mounted on the turbofan engines in the late 1960s, many The Code of Federal Regulations is sold by aft fuselage, which are controlled by a thrust reverser systems reversed the fan the Superintendent of Documents. Prices of Full Authority Digital Engine Control exhaust flow only, which provided a new books are listed in the first FEDERAL (FADEC). The cockpit will include a substantial auxiliary braking effect due REGISTER issue of each week. complete set of Electronic Flight to the majority of the total inlet flow Instrumentation and Engine Indication going through the fan section. and Crew Alerting Systems (EFIS and Numerous test programs, by both DEPARTMENT OF TRANSPORTATION EICAS). research organizations and aerospace Embraer has proposed to certificate manufacturers, have substantiated the Federal Aviation Administration and market the EMB–145 with thrust increased stopping benefit provided by 14 CFR Part 25 reversers as optional equipment. Thrust thrust reversers as runway surface reversers have been shown to play a friction conditions deteriorate. [Docket No. NM±134; Special Conditions significant role in reducing accelerate- The vast majority of jet-powered No. 25±ANM±131] stop distances on wet and contaminated transport category airplanes in service Special Conditions: Empresa Brasileira runways and have contributed to the have been of the large, passenger de Aeronautica S.A., (EMBRAER) transport category airplane fleet’s carrying variety. Research shows that Model EMB±145 Airplane; Thrust accelerate-stop safety record. with the exception of a very limited Reverser Systems The establishment of the transport number of airplane types, some of category airplane safety record, with which had considerably slower takeoff AGENCY: Federal Aviation regard to accelerate-stop and landing and landing speeds than their Administration (FAA), DOT. overruns, is tied to the availability of counterparts, all these large, passenger ACTION: Final special conditions. auxiliary braking means that are carrying, turbojet/turbofan-powered independent of wheel-brake, tire, and transports included thrust reverser SUMMARY: These special conditions are runway surface interaction. On early systems as part of their basic design for the Empresa Brasileira de transport category airplanes with (i.e., as standard equipment). The last Aeronautica S.A., (EMBRAER) Model propellers driven by reciprocating such aircraft certified without thrust EMB–145 airplane. This airplane will engines or turbine powerplants, reversers as part of the basic design was have a novel or unusual design feature auxiliary braking was provided by the British Aerospace 146 (BAe 146) in associated with thrust reversers as commanding the propellers to a reverse 1983. When the sheer numerical optional equipment. These special pitch position, causing a deceleration, majority of these large transports is conditions contain the additional safety rather than acceleration, of air through combined with their high-use operating standards which the Administrator the propeller disk. Due to the large environment, often requiring takeoffs considers necessary to establish a level diameter of the propellers, this was and landings to be made on slippery of safety equivalent to that established quite an effective braking means. runway surfaces, it is clear that thrust by the airworthiness standards of part Though these early transports did not reversers must have played a role in 25 of the Federal Aviation Regulations have the high operating speeds of establishing their excellent safety (FAR). today’s jet fleet, they also did not benefit record. EFFECTIVE DATE: September 29, 1997. from the sophisticated wheel-brake It should also be noted that as the FOR FURTHER INFORMATION CONTACT: antiskid systems available today. As number of small transport category Colin Fender, FAA, Flight Test and runway friction conditions degrade to airplanes in service has increased, Systems Branch of the Transport those associated with a surface covered notably corporate jets and regional Standards Staff, ANM–111, Transport by ice, even today’s antiskid systems airliners, there has been an increasing Airplane Directorate, Aircraft will provide little in the way of stopping tendency for these airplanes to be Certification Service, 1601 Lind Avenue force. As runway friction conditions equipped with some type of thrust SW, Renton, Washington 98055–4056; degrade, the braking contribution of reversing system. Nearly all the regional telephone 425–227–2191. reverse pitch systems increases airliners are turbopropeller-powered SUPPLEMENTARY INFORMATION: considerably. with reverse pitch capability, and an As the first generation turbojet- increasing number of corporate jets Background powered transport category airplanes include thrust reversers as standard Embraer first made application for a went into service in the latter half of the equipment. U.S. Type Certificate for the Model 1950s, thrust reverser systems were The accelerate-stop and landing EMB–145 on August 30, 1989, to the developed to provide this same type of distances presented in the FAA FAA Atlanta Aircraft Certification auxiliary braking as reverse pitch approved Airplane Flight Manual Office through the Brazilian Centro propellers by reversing the engine (AFM) are determined from Te´cnico Aeroespacial (CTA). On June 2, exhaust flow. As powerplant technology measurements of the various influential 1992, Embraer filed for an extension of evolved and low bypass ratio turbofan parameters taken during certification that application. The EMB–145 is a 50 engines entered commercial service in flight tests. These flight tests are 45524 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Rules and Regulations accomplished by FAA test pilots (or reliability and controllability criteria are adequacy pursuant to section 611 of manufacturers’ Designated Engineering met). Public Law 92–574, the ‘‘Noise Control Representative (DER) test pilots) under The accelerate-stop certification basis Act of 1972.’’ controlled conditions on dry runways. for the EMB–145 is § 25.109, as If the Administrator finds that the In the operational environment, even on amended by Amendment 25–42, applicable airworthiness regulations dry runways, the ability of an airplane effective March 1, 1978. Thrust (i.e., part 25 as amended) do not contain to match the AFM accelerate-stop reversing systems are not required by adequate or appropriate safety standards performance is based on many factors, the FAR and, when installed, no for the Model EMB–145 because of a including the correct and timely performance credit is granted for their novel or unusual design feature, special execution of procedures by the pilot and availability in the dry runway conditions are prescribed under the maximum stopping performance being accelerate-stop distances required by provisions of § 21.16. available from the wheel braking § 25.109, as amended by Amendment Special conditions, as appropriate, are system. As runway surface conditions 25–42, effective March 1, 1978. issued in accordance with § 11.49 after degrade to wet, contaminated, or icy, However, the vast majority of transport public notice, as required by §§ 11.28 the accompanying reduction in category airplanes in service at the time and 11.29(b), and become part of the available friction will result in an the regulatory changes of Amendment type certification basis in accordance increase in stopping distances, causing 25–42 were promulgated were equipped with § 21.17(a)(2). the wet runway accelerate-stop with thrust reversers. Consequently, the Special conditions are initially distances to exceed the dry runway certification of transport category applicable to the model for which they accelerate-stop distances published in airplanes intended to be operated in are issued. Should the type certificate the AFM. Obviously, if the takeoff is Part 121-type commercial service for that model be amended later to runway length-limited as determined without thrust reversers was not include any other model that from the dry runway AFM accelerate- envisaged at the time Amendment 25– incorporates the same novel or unusual stop distances, and the runway surface 42 was promulgated. design feature, these special conditions is anything but dry, the probability for In consideration of the intended would also apply to the other model an overrun accident is increased operation of the EMB–145, the FAA under the provisions of § 21.101(a)(1). considers the non-inclusion of thrust significantly. (This increased risk factor Novel or Unusual Design Features is acknowledged for the landing reversers into the basic airplane to be an The Model EMB–145 will have an scenario in part 121, the operating rules unusual design feature that is not unusual design feature which is the lack for air carriers and commercial adequately addressed by the of incorporation of thrust reversers as operators of large aircraft, which airworthiness regulations of part 25, and standard equipment. requires an increase in the landing field therefore proposes to apply special length required for landings on wet conditions to the EMB–145 in Discussion of Comments runways.) accordance with § 21.16. In accordance with the preamble material to Notice of Proposed Special In the operating conditions described Amendment 25–54 (page 274), Conditions No. SC–96–7–NM for the above, any additional braking means, addressing the definition of a novel or Empresa Brasileira de Aeronautica S.A., such as thrust reversers, will be unusual design feature (as used in (EMBRAER) Model EMB–145, was beneficial. This is particularly true since § 21.16), the non-inclusion of thrust published in the Federal Register on the braking contribution of reverse reversers in the basic EMB–145 design November 18, 1996. Three commenters thrust increases as runway surface can be considered a ‘‘novel or unusual submitted comments. friction decreases. This inverse design feature’’ since such designs were All commenters state the special relationship between reverse thrust not envisaged at the time the current conditions are inappropriate since braking contribution and runway airworthiness standard (i.e., § 25.109, thrust reversers are not required for part surface friction is further enhanced as Amendment 25–42) was developed. 25 certification and part 25 airplanes ground speed increases. This application requires the not equipped with thrust reversers have Since 1990 the Transport Airplane development of requirements not fully exhibited the same level of safety as Directorate (TAD) has been developing addressed by part 25 nor by any those with thrust reversers. The FAA new part 25 accelerate-stop criteria that published FAA guidance. does not contest the fact that part 25 includes accountability for the These special conditions provide all does not require thrust reversers. With degradation in stopping force due to wet the necessary requirements to determine regard to the level of safety issue, it is runway surfaces. Test results obtained acceptability of the EMB–145 without obvious that the additional braking from several research organizations the incorporation of thrust reversers. provided by reverse thrust will always showed a fixed stopping distance factor improve safety, and the amount of that of two, relative to dry runway stopping Type Certification Basis improvement will increase with distances, to be representative of what Under the provisions of 14 CFR 21.17, decreasing runway surface friction. The could be expected in normal operations. Empresa Brasileira de Aeronautica S.A. only accelerate-stop performance The proposed accelerate-stop standards, must show that the Model EMB–145 information required to be in the published as Notice of Proposed meets the applicable provisions of part Airplane Flight Manual (AFM) by the Rulemaking (NPRM) 93–8, assumed a 25, as amended by Amendments 25–1 current part 25 airworthiness similar degradation in braking by through 25–84. regulations is based on a dry runway prescribing a wet/dry braking coefficient In addition to the applicable surface; these dry runway accelerate- of friction ratio of one-half (i.e., µ WET airworthiness regulations and special stop distances may (and will) be used = 0.5 µ DRY) as the primary basis for conditions, the Model EMB–145 must with no adjustments for takeoffs made calculating wet runway accelerate-stop comply with the fuel vent and exhaust on wet and contaminated runways. This distances. An integral part of the emission requirements of 14 CFR part could be of critical importance for an proposed wet runway accelerate-stop 34 and the noise certification airplane the size of the EMB–145, which rule is credit for the amount of reverse requirements of 14 CFR part 36, and the in all likelihood will see a sizable thrust available (provided certain FAA must make a finding of regulatory number of operations on relatively short Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Rules and Regulations 45525 runways, thus increasing the probability reversers. One of the primary reasons for incorrect. The criteria of NPRM 93–8 of its being dry runway takeoff or this position is that thrust reversers was developed in conjunction with the landing field length-limited. provided some compensation for the JAA; requirements identical to those of One commenter states that the main minimal amount of conservatism NPRM 93–8 can be found in the consideration of the special conditions assumed in determining the accelerate- equivalent AAA Notice of Proposed is that the non-inclusion of thrust stop distances that takeoffs will be Amendment. reversers is classified as an unusual predicated on rejected takeoff accident One commenter requests the FAA design feature because the EMB–145 is data indicate that pilots do not always submit this major change in certification intended for operation in part 121-type recognize and respond to a failure philosophy to the appropriate commercial service. Consequently, the condition at or near V1 in the time regulatory/industry forum. The FAA commenter states the special conditions period assumed in calculating the AFM discussed the philosophy embodied in are not appropriate under part 25 since accelerate-stop distances. The FAA has Notice No. SC–96–7–NM with flight test the certification basis is independent of proposed to grant performance credit for specialists from several foreign civil the rules an airplane might be operated thrust reversers in the determination of airworthiness authorities during its under. The FAA does not agree with the accelerate-stop distances on wet development. The FAA is within its commenter’s statement. The overall runways, provided the stopping legal bounds by treating airplanes on a operational safety of an airplane is as distances are based on the associated case-by-case basis with special much the concern of the Aircraft reduced wheel-brake stopping force conditions in accordance with § 21.16. Certification Service of the FAA as it is available and certain reliability and The FAA does not believe it is necessary the Flight Standards Service, controllability criteria are met. to submit the certification philosophy particularly where aircraft performance One commenter notes that the embodied in Notice No. SC–96–7–NM is a consideration since it is the Aircraft proposed special conditions do not to a regulatory/industry forum since the Certification Service personnel who address the Master Minimum wet runway accelerate-stop criteria in witness the flight testing and approve Equipment List (MMEL) allowance for NPRM 93–8, which gives performance the resulting Airplane Flight Manual airplanes to have thrust reversers credit for available reverse thrust on wet performance that scheduled operations rendered inoperative, and that the FAA runways, will encourage manufacturers will be based on. did not consider the economic to incorporate thrust reversers as part of Similarly, another commenter states implications of this issue. The FAA the basic design of their airplanes. that if performance credit is of does not consider this to be a relevant One commenter states that the FAA’s established benefit in part 121-type argument against requiring the contention that thrust reversers have commercial operations, the appropriate installation of thrust reversers on the played a significant role in the safety rule to require thrust reversers would be EMB–145. The MMEL allowance record of transport category airplanes is under part 121 and not the certification referred to by the commenter is not supported by any form of factual rules (i.e., part 25). The FAA questions classified as Level C which, among information or data. The FAA disputes the use of the term ‘‘performance credit’’ other things, places a 10-day limitation this commenter’s position. A significant since no performance credit has been on the thrust reversers being amount of testing has been conducted given in the past, as discussed in the inoperative. The 10-day limitation is, in over the last 40 years that has repeatedly preceding paragraph. The FAA part, based on the probability of proven the increased benefit of reverse understands this comment to mean if occurrence of a situation in which the thrust reversers have provided benefits additional braking force provided by thrust as the runway surface condition in part 121-type operations, then any reverse thrust would be beneficial. deteriorates in terms of available wheel- rule to require their installation should One commenter states that the braking force. It is obviously difficult to be proposed under part 121. The FAA inclusion of a proposed rule (i.e., NPRM point at a particular rejected takeoff as disagrees with this comment. The FAA’s 93–8) as a certification requirement was an example since any successful field job is to ensure the safety of the not appropriate. A related comment length-limited RTO that may have traveling public; whether that is done from another commenter noted that occurred on a wet or contaminated through the Aircraft Certification FAA’s Aircraft Certification Service runway, whose takeoff weight was Service or the Flight Standards Service management has stated the FAA would limited by a dry runway accelerate-stop is irrelevant in this case. As discussed not invoke unadopted regulations or distance, would not have been recorded. in the notice of proposed special policy on active certification programs. However, it stands to reason that the conditions, the thrust reverser issue is The FAA is not mandating compliance probability of such a case occurring addressed in this context because the with the criteria of NPRM 93–8 as a would be very low without the FAA has found that Embraer’s type certification requirement. Embraer has additional braking force contribution certificate application presents a novel the option of installing thrust reversers provided by thrust reversers. or unusual design feature for which the on the airplane and determining As discussed above, these special applicable airworthiness standards do accelerate-stop distances in accordance conditions are applicable to the EMB– not provide adequate safety standards. with part 25 at the amendment level 145. Should Empresa Brasileira de In accordance with 14 CFR § 21.16, described in the type certification basis Aeronautica S.A. apply at a later date special conditions are the appropriate for the EMB–145. It should also be for a change to the type certificate to mechanism for dealing with such issues. noted that in ongoing certification include another model incorporating the One commenter states that if the FAA programs, the FAA Transport Airplane same novel or unusual design feature, considers the increased stopping benefit Directorate routinely considers the special conditions would apply to provided by thrust reversers as proposed rules as showing an that model as well under the provisions substantiation (sic) for requiring their equivalent level of safety to existing part of § 21.101(a)(1). installation, then performance credit 25 regulations. Conclusion: This action affects only should be granted for their use. The One commenter also states that NPRM certain novel or unusual design features FAA has for many years gone on record 93–8 is not harmonized with the on one model of airplane. It is not a rule as being opposed to granting general European Joint Aviation Authorities of general applicability, and it affects performance credit for the use of thrust (JAA) requirements. This statement is only the manufacturer who applied to 45526 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Rules and Regulations the FAA for approval of these features Level (MSL), and a floor of 2,500 feet because of adjacent regulatory airspace, on the airplane. MSL. In addition, this action extends international boundaries, topography, or the existing Abbotsford, BC, Class D unusual operational requirements. List of Subjects in 14 CFR Part 25 airspace area west into airspace which The Class C airspace area proposed by Aircraft, Aviation safety, Federal is currently Class E airspace, and lowers Transport Canada differed from most Aviation Administration, Reporting and the ceiling of the Class D airspace area other Class C airspace areas in that it recordkeeping requirements. from 3,000 to 2,500 feet MSL in U.S. was to an extension of a foreign Class C The authority citation for these airspace. The FAA is taking these airspace area serving a primary airport special conditions is as follows: actions pursuant to a proposal by outside the U.S.; standard U.S. Class C airspace configurations and dimensions Authority: 49 U.S.C. 106(g), 40113, 44701– Transport Canada, and to assist 44702, 44704. Transport Canada in its efforts to reduce were therefore unsuitable. the risk of midair collision, enhance Transport Canada’s proposal also The Special Conditions safety, and improve air traffic flows included a proposal to extend the within the Vancouver and Abbotsford, western boundary of the Abbotsford, Accordingly, pursuant to the BC, International Airport areas. BC, Class D airspace area approximately authority delegated to me by the EFFECTIVE DATE: 7 nautical miles (NM) west of its present Administrator, the following special 0901 UTC, November 6, 1997. location, and to lower the ceiling of the conditions are issued as part of the type Class D airspace from 3,000 feet MSL to certification basis for the Empresa FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Division, 2,500 feet MSL. Brasileira de Aeronautica S.A., Model Class D airspace is, generally, that ATA–400, Office of Air Traffic Airspace EMB–145 airplanes not equipped with airspace from the surface to 2,500 feet Management, Federal Aviation thrust reversers. above the airport elevation (charted in Administration, 800 Independence 1. The effect of wet runway surfaces MSL) surrounding those airports that Avenue, SW., Washington, DC 20591; on accelerate-stop distances for the have an operational control tower. The Model EMB–145 must be accounted for telephone: (202) 267–8783. configuration of each Class D airspace in accordance with the criteria SUPPLEMENTARY INFORMATION: area is individually tailored and the contained in NPRM 93–8 and its Background airspace will normally be designed to associated guidance. contain any published instrument 2. Takeoff limitations for operation of In July 1994, Transport Canada approach procedures. Two-way radio the EMB–145 on wet runway surfaces proposed to extend the Vancouver, BC, communication must be established must be predicated on the wet runway Class C airspace area across the United with the ATC facility providing ATC accelerate-stop criteria contained in States/Canadian border into U.S. services prior to entry and thereafter NPRM 93–8. airspace in the vicinity of the San Juan maintained while operating in the Class Issued in Renton, Washington, on August Islands and Bellingham, WA. As D airspace. 18, 1997. proposed, the Class C airspace area The Vancouver and Abbotsford Stewart R. Miller, would have extended from Abbotsford Airports are both international and Airport, across Bellingham Airport, to a Acting Manager, Transport Airplane public-use airports located in Canada. Directorate, Aircraft Certification Service, point south of San Juan Island. Passenger enplanements reported at ANM–100. Transport Canada’s proposal was part of Vancouver in 1995 were 312,000, up [FR Doc. 97–22919 Filed 8–27–97; 8:45 am] its overall airspace plan for the from 301,000 in 1994. This volume of Vancouver area, centering around efforts BILLING CODE 4910±13±P passenger enplanements and aircraft to mitigate near mid-air collision operations meets the FAA criteria for potential between instrument flight rule establishing a Class C airspace area to DEPARTMENT OF TRANSPORTATION (IFR) and unknown visual flight rule enhance safety. (VFR) aircraft in U.S. airspace where Federal Aviation Administration Canada provides air traffic services. Public Meetings Class C airspace consists of controlled As announced in the Federal Register 14 CFR Part 71 airspace extending upward from the on March 22, 1995 (60 FR 15172), two [Airspace Docket No. 93±AWA±16] surface or higher to specified altitudes pre-NPRM airspace meetings were held within which all aircraft are subject to on May 9–10, 1995, in Friday Harbor RIN 2120±AA66 the operating rules and equipment and Bellingham, WA. The purpose of requirements specified in Federal these meetings was to provide local Modification of Class D Airspace South Aviation Regulations. Two-way radio airspace users with an opportunity to of Abbotsford, British Columbia (BC), communication must be established present input on the Transport Canada on the United States Side of the U.S./ with the air traffic control (ATC) facility proposal prior to initiating any Canadian Border, and the providing ATC services prior to entry regulatory action. In the ensuing Establishment of a Class C Airspace and thereafter maintained while comment period, which closed on July Area in the Vicinity of Point Roberts, operating within Class C airspace. The 10, 1995, over 300 comments were Washington (WA) standard Class C airspace area consists received in overwhelming opposition to AGENCY: Federal Aviation of that airspace within 5 Nautical Miles the proposal. The majority of the Administration (FAA), DOT. (NM) of the primary airport, extending opposition centered around the ACTION: Final rule. from the surface to an altitude of 4,000 significant amount of airspace affected feet above that airport’s elevation, and by the original proposal. The original SUMMARY: This action establishes a Class that airspace between 5 and 10 NM from proposal would have required the C airspace area in the United States the primary airport from 1,200 feet reclassification of airspace in five (U.S.), southeast of Vancouver, BC, in above the surface to an altitude of 4,000 contiguous areas from Abbotsford the vicinity of Point Roberts, WA. The feet above that airport’s elevation. Airport, across Bellingham Airport, to a Vancouver Class C airspace area will Proposed deviations from this standard point south of San Juan Island. have a ceiling of 12,500 feet Mean Sea have been necessary at some airports Subsequent meetings were held between