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Amendment of the records could interfere (i) From subsection (g)(1) (Civil Remedies) • Hand Delivery or Courier: Take with ongoing investigations and law to the extent that the system is exempt from comments to Docket Operations in enforcement activities and would impose an other specific subsections of the Privacy Act. Room W12–140 of the West Building unreasonable administrative burden by * * * * * Ground Floor at 1200 New Jersey requiring investigations to be continually James Holzer, Avenue SE, Washington, DC, between 9 reinvestigated. In addition, permitting access a.m. and 5 p.m., Monday through and amendment to such information could Acting Chief Privacy Officer, U.S. Department of Homeland Security. Friday, except Federal holidays. disclose security-sensitive information that • Fax: Fax comments to Docket could be detrimental to homeland security. [FR Doc. 2021–05941 Filed 3–24–21; 8:45 am] Operations at 202–493–2251. (c) From subsection (e)(1) (Relevancy and BILLING CODE 4410–10–P • Privacy: Except for Confidential Necessity of Information) because in the Business Information (CBI) as described course of investigations into potential in the following paragraph, and other violations of federal law, the accuracy of DEPARTMENT OF TRANSPORTATION information as described in 14 CFR information obtained or introduced 11.35, the FAA will post all comments occasionally may be unclear, or the Federal Aviation Administration information may not be strictly relevant or received without change, to http:// www.regulations.gov/, including any necessary to a specific investigation. In the 14 CFR Part 25 interests of effective law enforcement, it is personal information you provide. The appropriate to retain all information that may [Docket No. FAA–2020–0721; Special FAA will also post a report Conditions No. 25–785–SC] aid in establishing patterns of unlawful summarizing each substantive verbal contact received about this proposal. activity. Special Conditions: Mitsubishi Aircraft (d) From subsection (e)(2) (Collection of • Confidential Business Information: Corporation Model MRJ–200 Airplane; Confidential Business Information (CBI) Information from Individuals) because Use of Automatic Power Reserve for requiring that information be collected from is commercial or financial information Go-Around Performance Credit the subject of an investigation would alert the that is both customarily and actually subject to the nature or existence of the AGENCY: Federal Aviation treated as private by its owner. Under investigation, thereby interfering with that Administration (FAA), DOT. the Freedom of Information Act (FOIA) investigation and related law enforcement ACTION: Final special conditions; request (5 U.S.C. 552), CBI is exempt from activities. for comments. public disclosure. If your comments (e) From subsection (e)(3) (Notice to responsive to this Notice contain Subjects) because providing such detailed SUMMARY: These special conditions are commercial or financial information information could impede law enforcement issued for the Mitsubishi Aircraft that is customarily treated as private, by compromising the existence of a Corporation (MITAC) Model MRJ–200 that you actually treat as private, and confidential investigation or reveal the airplane. This airplane will have a novel that is relevant or responsive to this identity of witnesses or confidential or unusual design feature when Notice, it is important that you clearly informants. compared to the state of technology designate the submitted comments as (f) From subsections (e)(4)(G) through (I) envisioned in the airworthiness CBI. Please mark each page of your (Agency Requirements) and (f) (Agency standards for transport-category submission containing CBI as Rules), because portions of this system are airplanes. This design feature is an ‘‘PROPIN.’’ The FAA will treat such exempt from the individual access provisions of subsection (d) for the reasons noted above, Automatic Takeoff Thrust Control marked submissions as confidential and therefore DHS is not required to establish System (ATTCS), referred to as an under the FOIA, and the indicated requirements, rules, or procedures with Automatic Power Reserve (APR), to set comments will not be placed in the respect to such access. Providing notice to the performance level for approach- public docket of this Notice. Send individuals with respect to existence of climb operation after an engine failure. submissions containing CBI to the records pertaining to them in the system of The applicable airworthiness person indicated in the Contact section records or otherwise setting up procedures regulations do not contain adequate or below. Comments the FAA receives, pursuant to which individuals may access appropriate safety standards for this which are not specifically designated as and view records pertaining to themselves in design feature. These special conditions CBI, will be placed in the public docket the system would undermine investigative contain the additional safety standards for this rulemaking. efforts and reveal the identities of witnesses, that the Administrator considers • Docket: Background documents or and potential witnesses, and confidential necessary to establish a level of safety comments received may be read at informants. equivalent to that established by the http://www.regulations.gov/ at any time. (g) From subsection (e)(5) (Collection of existing airworthiness standards. Follow the online instructions for Information) because with the collection of DATES: This action is effective on accessing the docket or go to Docket information for law enforcement purposes, it MITAC on March 25, 2021. Send Operations in Room W12–140 of the is impossible to determine in advance what comments on or before May 10, 2021. West Building Ground Floor at 1200 information is accurate, relevant, timely, and ADDRESSES: Send comments identified New Jersey Avenue SE, Washington, complete. Compliance with subsection (e)(5) DC, between 9 a.m. and 5 p.m., Monday would preclude DHS agents from using their by Docket No. FAA–2020–0721 using any of the following methods: through Friday, except Federal holidays. investigative training and exercise of good • judgment to both conduct and report on Federal eRegulations Portal: Go to FOR FURTHER INFORMATION CONTACT: Joe investigations. http://www.regulations.gov/ and follow Jacobsen, Performance and Environment (h) From subsection (e)(8) (Notice on the online instructions for sending your Section, AIR–625, Technical Innovation Individuals) because compliance would comments electronically. Policy Branch, Policy and Innovation interfere with DHS’s ability to obtain, serve, • Mail: Send comments to Docket Division, Aircraft Certification Service, and issue subpoenas, warrants, and other law Operations, M–30, U.S. Department of Federal Aviation Administration, 2200 enforcement mechanisms that may be filed Transportation (DOT), 1200 New Jersey South 216th Street, Des Moines, under seal and could result in disclosure of Avenue SE, Room W12–140, West Washington 98198; telephone and fax investigative techniques, procedures, and Building Ground Floor, Washington, DC 206–231–3158; email joe.jacobsen@ evidence. 20590–0001. faa.gov.

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SUPPLEMENTARY INFORMATION: The certification requirements of 14 CFR include the use of ATTCS for anything substance of these special conditions part 36. except the takeoff phase. has been published in the Federal The FAA issues special conditions, as Because the airworthiness regulations Register for public comment in several defined in 14 CFR 11.19, in accordance do not contain appropriate safety prior instances with no substantive with § 11.38, and they become part of standards to allow approach-climb comments received. Therefore, the FAA the type certification basis under performance credit for ATTCS, special has determined that prior public notice § 21.17(a)(2). conditions are required to ensure a level and comment are unnecessary, and of safety equivalent to that established finds that, for the same reason, good Novel or Unusual Design Features in the regulations. The definition of a cause exists for adopting these special The MITAC Model MRJ–200 airplane critical time interval for the approach- conditions upon publication in the will incorporate the following novel or climb case, during which time it must Federal Register. unusual design feature: be extremely improbable to violate a flight path based on the § 25.121(d) Comments Invited An Automatic Takeoff Thrust Control System, referred to as an Automatic gradient requirement, is of primary The FAA invites interested people to Power Reserve, to set the performance importance. In the event of a take part in this rulemaking by sending level for approach-climb operation after simultaneous failure of both an engine written comments, data, or views. The an engine failure. and the APR function, falling below the most helpful comments reference a minimum flight path defined by the 2.5- specific portion of the special Discussion degree approach, decision height, and conditions, explain the reason for any MITAC included an APR system (an climb gradient required by § 25.121(d) recommended change, and include ATTCS) in the Model MRJ–200 airplane must be shown to be an extremely supporting data. and proposed using the APR function improbable event during this critical The FAA will consider all comments during go-around. They also requested time interval. The § 25.121(d) gradient received by the closing date for approach-climb performance credit for requirement implies a minimum one- comments. The FAA may change these the use of additional thrust set by the engine-inoperative flight path capability special conditions based on the APR system. The MITAC Model MRJ– with the airplane in the approach comments received. 200 powerplant control system configuration. The engine may have comprises a Full Authority Digital been inoperative before initiating the go- Background Engine Control (FADEC) for the engine. around, or it may become inoperative On March 3, 2015, MITAC applied for The engine FADEC system utilizes the during the go-around. The definition of a type certificate for their new Model APR function during the takeoff and go- the critical time interval must consider MRJ–200 airplane. This airplane is a around phases of the flight when both possibilities. twin-engine, transport-category airplane additional thrust is needed from an These special conditions contain the with seating for 92 passengers and a operating engine following a single additional safety standards that the maximum takeoff weight of 98,767 engine failure. The APR system is Administrator considers necessary to pounds. available at all times, without any establish a level of safety equivalent to that established by the existing Type Certification Basis additional action from the pilot. It allows the pilot to use the same power- airworthiness standards. Under the provisions of title 14, Code setting procedure during a go-around Applicability of Federal Regulations (14 CFR) 21.17, regardless of whether or not an engine the applicant must show that the fails. Because the APR system is always As discussed above, these special airplane meets the applicable provisions armed, it will function automatically conditions are applicable to the MITAC of 14 CFR part 25, as amended by following an engine failure, and Model MRJ–200 airplane. Should amendments 25–1 through 25–141. advance the remaining engine to a MITAC apply at a later date for a change If the Administrator finds that the higher thrust level. to the type certificate to include another model incorporating the same novel or applicable airworthiness regulations The part 25 standards for ATTCS, unusual design feature, these special (e.g., 14 CFR part 25) do not contain contained in § 25.904, and appendix I to conditions would apply to that model as adequate or appropriate safety standards part 25, specifically restrict performance well. for the MITAC Model MRJ–200 airplane credit for ATTCS to takeoff. Expanding because of a novel or unusual design the standards to include other phases of Conclusion feature, special conditions are flight, including go-around, was This action affects only a certain prescribed under the provisions of considered at the time the standards novel or unusual design feature on one § 21.16. were issued, but flightcrew workload model of airplanes. It is not a rule of Special conditions are initially issues precluded further consideration. general applicability. applicable to the model for which they As the preamble of amendment 25–62 are issued. Should the type certificate states: List of Subjects in 14 CFR Part 25 for that model be amended later to In regard to ATTCS credit for Aircraft, Aviation safety, Reporting include any other model that approach-climb and go-around and recordkeeping requirements. incorporates the same novel or unusual maneuvers, current regulations preclude design feature, these special conditions a higher power for the approach climb Authority Citation would also apply to the other model (§ 25.121(d)) than for the landing climb The authority citation for these under § 21.101. (§ 25.119). The workload required for special conditions is as follows: In addition to the applicable the flightcrew to monitor and select Authority: 49 U.S.C. 106(f), 106(g), 40113, airworthiness regulations and special from multiple in-flight power settings in 44701, 44702, 44704. conditions, the MITAC Model MRJ–200 the event of an engine failure during a airplane must comply with the fuel-vent critical point in the approach, landing, The Special Conditions and exhaust-emission requirements of or go-around operations is excessive. Accordingly, pursuant to the 14 CFR part 34, and the noise- Therefore, the amendment should not authority delegated to me by the

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Administrator, the following special (1) When conducting an approach for approach-climb flight path intersects a conditions are issued as part of the type landing using ATTCS, the critical time flight path corresponding to the part 25 certification basis for MITAC Model interval is defined as follows: minimum one-engine-inoperative MRJ–200 airplanes. (i) The critical time interval begins at approach-climb gradient. The all- 1. The MITAC Model MRJ–200 a point on a 2.5-degree approach glide engines-operating go-around flight path, airplane must comply with the path from which, assuming a and the part 25 one-engine-inoperative requirements of 14 CFR 25.904, and simultaneous engine and ATTCS approach-climb gradient flight path, appendix I, and the following failure, the resulting approach-climb originate from a common point on a 2.5- requirements for the go-around phase of flight path intersects a flight path degree approach path. The period of flight: originating at a later point on the same time from the point of simultaneous 2. Definitions approach path that corresponds to the engine and ATTCS failure, to the a. Takeoff/go-around (TOGA): part 25 one-engine-inoperative intersection of these flight paths, must Throttle lever in takeoff or go-around approach-climb gradient. The period of be no shorter than the time interval used position. time from the point of simultaneous in evaluating the critical time interval b. Automatic Takeoff Thrust Control engine and ATTCS failure, to the for the takeoff, beginning from the point System: The ATTCS in MITAC Model intersection of these flight paths, must of simultaneous engine and ATTCS MRJ–200 airplanes is defined as the be no shorter than the time interval used failure and ending upon reaching a entire automatic system available during in evaluating the critical time interval height of 400 feet. takeoff and in go-around mode, for takeoff, beginning from the point of (2) The critical time interval must be including all devices, both mechanical simultaneous engine and ATTCS failure determined at the altitude resulting in and electrical, that sense engine failure, and ending upon reaching a height of the longest critical time interval for transmit signals, actuate fuel controls or 400 feet. power levers (or increase engine power (ii) The critical time interval ends at which one-engine-inoperative approach- by other means on operating engines to the point on a minimum performance, climb performance data are presented in achieve scheduled thrust or power all-engines-operating go-around flight the airplane flight manual. increase), and furnish cockpit path from which, assuming a (3) The critical time interval is information on system operation. simultaneous engine and ATTCS illustrated in Figure 1: c. Critical time interval: failure, the resulting minimum BILLING CODE 4910–13–P

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Engine failed, ATTCS operating 25.121 (d) Gradient Requirement

" The engine and ATTCS failed time Interval muat be no lhorter than the time lnteival from the point or simultaneous engine and ATTCS falure to a height or 400 feet used to comply with 125.2(b) fOr A TICS use during takeoff.

Figure 1: Go-around ATTCS

125,Z(b) Tim• Interval r FG 1

lleliht above nmway . .• . • .urla«i --.;1secr"'I:-• • (ft.) .• . .:• . •

Critical time bltenal

Figure 2: Appendix I25.2(b), "Critical Time Interval" (ATTCS takeoff)

BILLING CODE 4910–13–C degree approach path. The period of shorter than the corresponding time in The all-engines-operating go-around time, ‘‘time interval DE,’’ from the point Figure 2, above. flight path, and the part 25 one-engine- of simultaneous engine and ATTCS d. The ‘‘critical time interval AD’’ is inoperative approach-climb gradient failure, point D, to the intersection of illustrated in Figure 1. flight path (engine failed, ATTCS these flight paths, point E, must be no 3. Performance and system reliability operating path in Figure 1), originate requirements: The applicant must from a common point, point C, on a 2.5- comply with the performance and

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ATTCS reliability requirements as a. In addition to the requirements of DEPARTMENT OF TRANSPORTATION follows: § 25.1141, no single failure or a. An ATTCS failure or a combination malfunction, or probable combination Federal Aviation Administration of failures in the ATTCS during the thereof, of the ATTCS, including critical time interval (Figure 1): associated systems, may cause the 14 CFR Part 39 (1) Must not prevent the insertion of failure of any powerplant function [Docket No. FAA–2020–0710; Project the maximum approved go-around necessary for safety. Identifier 2019–CE–037–AD; Amendment thrust or power, or must be shown to be b. The ATTCS must be designed to: 39–21457; AD 2021–05–14] a remote event. (2) Must not result in a significant loss (1) Apply thrust or power to the RIN 2120–AA64 or reduction in thrust or power, or must operating engine(s), following any one- Airworthiness Directives; Air Tractor, be shown to be an extremely improbable engine failure during a go-around, to Inc., Airplanes event. achieve the maximum approved go- b. The concurrent existence of an around thrust without exceeding the AGENCY: Federal Aviation ATTCS failure and an engine failure engine operating limits; Administration (FAA), DOT. during the critical time interval must be (2) Permit manual decrease or ACTION: Final rule. shown to be extremely improbable. increase in thrust or power up to the c. All applicable performance maximum go-around thrust approved SUMMARY: The FAA is adopting a new requirements of part 25 must be met for the airplane, under the existing airworthiness directive (AD) for all Air with an engine failure occurring at the conditions, through the use of the power Tractor, Inc., (Air Tractor) Models AT– most critical point during go-around lever. For airplanes equipped with 250, AT–300, AT–301, AT–302, AT– with the ATTCS functioning. limiters that automatically prevent the 400, AT–400A, AT–401, AT–401A, AT– d. The probability analysis must engine operating limits from being 401B, AT–402, AT–402A, AT–402B, include consideration of ATTCS failure exceeded under existing ambient AT–501, AT–502, AT–502A, AT–502B, occurring after the time at which the conditions, other means may be used to AT–503, AT–503A, AT–504, AT–602, flightcrew last verifies that the ATTCS increase the thrust in the event of an AT–802, and AT–802A airplanes. This is in a condition to operate until the ATTCS failure, provided that the means: AD was prompted by reports of cracks beginning of the critical time interval. in the flap torque tube actuator e. The propulsive thrust obtained (i) Is located on or forward of the attachment brackets that may cause the from the operating engine, after failure power levers; flap actuator to detach from the flap of the critical engine during a go-around (ii) Is easily identified and operated torque tube. This AD requires repetitive used to show compliance with the one- under all operating conditions by a visual and dye penetrant inspections of engine-inoperative climb requirements single action of either pilot with the the flap actuator attachment bracket of § 25.121(d), may not be greater than hand that is normally used to actuate welds for cracks and replacement if the lesser of: the power levers; and cracks are identified. The FAA is (1) The actual propulsive thrust (iii) Meets the requirements of issuing this AD to address the unsafe resulting from the initial setting of condition on these products. power or thrust controls with the § 25.777(a), (b), and (c). DATES: ATTCS functioning, or (3) Provide a means to verify to the This AD is effective April 29, (2) 111 percent of the propulsive flightcrew, before beginning an 2021. thrust resulting from the initial setting approach for landing, that the ATTCS is The Director of the Federal Register of power or thrust controls with the in a condition to operate (unless it can approved the incorporation by reference ATTCS failing to reset thrust or power, be demonstrated that an ATTCS failure, of a certain publication listed in this AD and without any action by the combined with an engine failure during as of April 29, 2021. flightcrew to reset thrust or power. an entire flight, is extremely ADDRESSES: For service information 4. Thrust setting improbable). identified in this final rule, contact Air Tractor, P.O. Box 485, Olney, TX 76374: a. The initial go-around thrust setting 6. Powerplant instruments: In phone: (940) 564–5616: email: info@ on each engine at the beginning of the addition to the requirements of airtractor.com: website: https:// go-around phase may not be less than § 25.1305: any of the following: airtractor.com/. You may view this (1) That required to permit normal a. A means must be provided to service information at the FAA, operation of all safety-related systems indicate when the ATTCS is in the Airworthiness Products Section, and equipment dependent upon engine armed or ready condition; and Operational Safety Branch, 901 Locust, thrust or power lever position; or b. If the inherent flight characteristics Kansas City, MO 64106. For information (2) That are shown to be free of of the airplane do not provide adequate on the availability of this material at the hazardous engine-response warning that an engine has failed, a FAA, call 816–329–4148. It is also characteristics, and not to result in any warning system that is independent of available at https://www.regulations.gov unsafe airplane operating or handling the ATTCS must be provided to give the by searching for and locating Docket No. characteristics when thrust or power is pilot a clear warning of any engine FAA–2020–0710. advanced from the initial go-around failure during a go-around. Examining the AD Docket position to the maximum approved Issued in Kansas City, Missouri, on March power setting. You may examine the AD docket at 17, 2021. b. For approval to use an ATTCS for https://www.regulations.gov by go-arounds, the thrust-setting procedure Patrick R. Mullen, searching for and locating Docket No. must be the same for go-arounds Manager, Technical Innovation Policy FAA–2020–0710; or in person at Docket initiated with all engines operating as Branch, Policy and Innovation Division, Operations between 9 a.m. and 5 p.m., for go-around initiated with one engine Aircraft Certification Service. Monday through Friday, except Federal inoperative. [FR Doc. 2021–06027 Filed 3–24–21; 8:45 am] holidays. The AD docket contains this 5. Powerplant controls BILLING CODE 4910–13–P final rule, any comments received, and

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