[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Rules and Regulations]
[Pages 17504-17510]
[FR Doc No: 2021-06893]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0913; Project Identifier MCAI-2020-00971-T;
Amendment 39-21480; AD 2021-07-03]
RIN 2120-AA64

Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2015-05-
03, which applied to certain Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes. AD 2015-05-03 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or revised maintenance requirements and
airworthiness limitations, and incorporating structural repairs and
modifications to preclude widespread fatigue damage (WFD). This AD
continues to require the actions specified in AD 2015-05-03. This AD
also requires revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations, and incorporating additional structural repairs and
modifications to preclude WFD. This AD was prompted by a determination
that new or more restrictive airworthiness limitations are necessary,
as well as the corresponding structural repairs and modifications to
preclude WFD. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective May 10, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 10,
2021.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of April
21, 2015 (80 FR 13758, March 17, 2015).

ADDRESSES: For service information identified in this final rule,
contact MHI RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel,
Qu[eacute]bec J7N 1E1 Canada; Widebody Customer Response Center North
America toll-free phone: +1-844-272-2720 or direct-dial phone: +1-514-
855-8500; fax: +1-514-855-8501; email<EMAIL_ADDRESS>internet:
https://mhirj.com. You may view this referenced service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0913.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0913; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>; fax: 516-
794-5531; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2014-07R1, dated July 13,
2020 (also referred to as the Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an unsafe condition for certain
MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes. You may examine the MCAI in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0913.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2015-05-03, Amendment 39-18113 (80 FR
13758, March 17, 2015) (AD 2015-05-03). AD 2015-05-03 applied to
certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. The NPRM published in the Federal Register on October
14, 2020 (85 FR 64987). The NPRM was prompted by a determination that
new or more restrictive airworthiness limitations are necessary, as
well as the corresponding structural repairs and modifications to
preclude WFD. The NPRM proposed to continue to require the actions
specified in AD 2015-05-03. The NPRM also proposed to require revising
the existing maintenance or inspection program, as applicable, to
incorporate additional new or more restrictive airworthiness
limitations, and incorporating structural repairs and modifications to
preclude WFD. The FAA is issuing this AD to address WFD, which could
adversely affect the structural integrity of the airplane. See the MCAI
for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to each comment.

Request To Include Credit for Actions Accomplished Using Additional
Repair Engineering Orders (REOs)

    MHI RJ Aviation ULC (MHI) requested that the FAA revise the NPRM to
include credit for initial inspections accomplished using certain
Bombardier REOs that were not specified in paragraph (l) of the
proposed AD. MHI specified that, since issuance of the MCAI, it has
continued to support U.S. operators with REOs. MHI provided the
additional REOs and specified the applicable manufacturer serial number
for each specific REO.
    The FAA agrees for the reasons provided. Additionally, the FAA
finds that including the additional REOs would allow operators of the
affected airplanes to receive credit for the initial inspections
required by the service information specified in paragraph (j) of this
AD if those actions were performed before the effective date of this AD
using those REOs without requesting an alternative method of
compliance. The FAA has revised figure 1 to paragraph (l) of this AD
accordingly.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    MHI RJ Aviation has issued Bombardier Temporary Revision 2B-2280,
dated June 12, 2020. This service information, among other actions,
describes airworthiness limitation (AWL) Task 53-41-207, which
specifies airworthiness limitations and inspections for fuselage and
longitudinal skin splices at stringers (STR) 6 and 20.
    This AD also requires the following service information, which the
Director of the Federal Register approved for incorporation by
reference as of April 21, 2015 (80 FR 13758, March 17, 2015).
     AWL Task 53-41-110, Longitudinal Str. 6 splice butt strap
at Str. 6, FS409.0 to FS617.0, of Appendix B, Airworthiness
Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated
June 10, 2013, of the Bombardier CL-600-2B19 Maintenance Requirements
Manual, CSP A-053.
     AWL Task 53-41-204, Frame splice angles at STR 6 and 20,
of Appendix B, Airworthiness Limitations, of Part 2, Airworthiness
Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-
600-2B19 Maintenance Requirements Manual, CSP A-053.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 431 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2015-05-03 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or

inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the agency estimates the average total
cost per operator to be $7,650 (90 work-hours x $85 per work-hour).
    The FAA has received no definitive data that would enable us to
provide cost estimates for the repairs and modifications specified in
this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2015-05-03, Amendment 39-18113
(80 FR 13758, March 17, 2015), and
0
b. Adding the following new AD:

2021-07-03 MHI RJ Aviation ULC (Type Certificate Previously Held by
Bombardier, Inc.): Amendment 39-21480; Docket No. FAA-2020-0913;
Project Identifier MCAI-2020-00971-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 10, 2021.

(b) Affected ADs

    This AD replaces AD 2015-05-03, Amendment 39-18113 (80 FR 13758,
March 17, 2015) (AD 2015-05-03).

(c) Applicability

    This AD applies to MHI RJ Aviation ULC Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, certificated in any
category, serial numbers 7003 through 7990 inclusive, and 8000 and
subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary, as well as the
corresponding structural repairs and modifications to preclude
widespread fatigue damage (WFD). The FAA is issuing this AD to
address WFD, which could adversely affect the structural integrity
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Revision of Maintenance or Inspection Program, With
Certain Requirements Removed and Updated Language

    This paragraph restates the requirements of paragraph (g) of AD
2015-05-03, with certain requirements removed and updated language.
Within 60 days after April 21, 2015 (the effective date of AD 2015-
05-03): Revise the existing maintenance or inspection program, as
applicable, by incorporating the airworthiness limitations (AWL)
tasks specified in paragraphs (g)(1) and (2) of this AD. The initial
compliance times for the tasks start from the applicable threshold
times specified in Part 2 Airworthiness Requirements, Revision 9,
dated June 10, 2013, of Appendix B, Airworthiness Limitations, of
Bombardier CL-600-2B19, Maintenance Requirements Manual, CSP A-053;
except that, for airplanes that have accumulated more than 38,000
total flight cycles as of April 21, 2015, the initial compliance
time for the AWL tasks is before the accumulation of 2,000 flight
cycles after April 21, 2015.
    (1) AWL Task 53-41-110, Longitudinal Str. 6 splice butt strap at
Str. 6, FS409.0 to FS617.0, of Appendix B, Airworthiness
Limitations, of Part 2, Airworthiness Requirements, Revision 9,
dated June 10, 2013, of the Bombardier CL-600-2B19 Maintenance
Requirements Manual, CSP A-053.
    (2) AWL Task 53-41-204, Frame splice angles at STR 6 and 20, of
Appendix B, Airworthiness Limitations, of Part 2, Airworthiness
Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-
600-2B19 Maintenance Requirements Manual, CSP A-053.

(h) Retained No Alternative Actions or Intervals, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2015-05-03, with no changes. After the maintenance or inspection
program has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (n)(1) of this AD.

(i) Retained Repairs and Modifications, With Changed Paragraph
References

    This paragraph restates the requirements of paragraph (i) of AD
2015-05-03, with changed paragraph references. Before the
accumulation of 60,000 total flight cycles: Install repairs and
modifications to preclude WFD at locations specified in the tasks
identified in paragraphs (g)(1) and (2) of this AD, using a method
approved by the Manager, New York ACO, FAA; or Transport Canada
Civil Aviation (TCCA); or MHI RJ Aviation ULC's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(j) New Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in AWL Task 53-41-207, as
specified in Bombardier Temporary Revision 2B-2280, dated June 12,
2020. The initial compliance time for doing the tasks is at the time
specified in AWL task 53-41-207, as specified in Bombardier
Temporary Revision 2B-2280, dated June 12, 2020, or within 60 days
after the effective date of this AD, whichever occurs later.

(k) New No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) or

intervals may be used unless the actions or intervals are approved
as an AMOC in accordance with the procedures specified in paragraph
(n)(1) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for the initial inspections
required by the service information specified in paragraph (j) of
this AD, if those actions were performed before the effective date
of this AD using the Bombardier repair engineering orders (REOs)
specified in Figure 1 to paragraph (l) of this AD.
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[GRAPHIC] [TIFF OMITTED] TR05AP21.001

[GRAPHIC] [TIFF OMITTED] TR05AP21.002

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(m) New Repairs and Modifications

    Before the accumulation of 60,000 total flight cycles: Install
repairs and modifications to preclude WFD at locations specified in
the tasks identified in paragraph (j) of this AD, using a method
approved by the Manager, New York ACO, FAA; or TCCA; or MHI RJ
Aviation ULC 's TCCA DAO. If approved by the DAO, the approval must
include the DAO-authorized signature.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (ii) AMOCs approved previously for AD 2015-05-03, are approved
as AMOCs for the corresponding provisions of paragraph (g) of this
AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or TCCA; or MHI RJ Aviation ULC's TCCA DAO. If approved
by the DAO, the approval must include the DAO-authorized signature.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2014-07R1, dated July 13, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-0913.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer,

Airframe and Propulsion Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
May 10, 2021.
    (i) Bombardier Temporary Revision 2B-2280, dated June 12, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
April 21, 2015 (80 FR 13758, March 17, 2015).
    (i) Appendix B, Airworthiness Limitations, of Part 2,
Airworthiness Requirements, Revision 9, dated June 10, 2013, of the
Bombardier CL-600-2B19 Maintenance Requirements Manual, CSP A-053:
    (A) AWL Task 53-41-110, Longitudinal Str. 6 splice butt strap at
Str. 6, FS409.0 to FS617.0; and
    (B) AWL Task 53-41-204, Frame splice angles at STR 6 and 20.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact MHI
RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Qu[eacute]bec J7N
1E1 Canada; Widebody Customer Response Center North America toll-
free phone: +1-844-272-2720 or direct-dial phone: +1-514-855-8500;
fax: +1-514-855-8501; email<EMAIL_ADDRESS>internet: https://mhirj.com.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 18, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-06893 Filed 4-2-21; 8:45 am]
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[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Page 46673]
[FR Doc No: 2013-18441]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-33]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14, Code of Federal Regulations
(14 CFR). The purpose of this notice is to improve the public's
awareness of, and participation in, this aspect of the FAA's regulatory
activities. Neither publication of this notice nor the inclusion or
omission of information in the summary is intended to affect the legal
status of the petition or its final disposition.

DATE: Comments on this petition must identify the petition docket
number and must be received on or before August 21, 2013.

ADDRESSES: You may send comments identified by docket number FAA-2011-
1240 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments digitally.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility 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.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility 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: Andrea Copeland,<PHONE_NUMBER>,
Office of Rulemaking (ARM-208), Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 26, 2013.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2011-0442.
    Petitioner: Tatonduk Outfitters Limited dba Everts Air Alaska
(Everts).
    Section of 14 CFR Affected: Sec. Sec.  91.313(a) and (c).
    Description of Relief Sought: Tatonduk Outfitters Limited dba
Everts Air Alaska (Everts) was granted an exemption from Sec.
91.313(a) and (c) of Title 14, Code of Federal Regulations (14 CFR) to
the extent necessary to allow Everts to operate restricted category Air
Tractor AT-802 aircraft in intra-Alaska fuel hauling operations of
Everts' owned or 3rd party (customer) owned fuel product pursuant to
Everts' Part 119 air carrier certificate and Part 135 operations
specifications (Exemption No. 10348). With this petition, Everts
requests amendment to the original conditions and limitations to allow
these operations under a less restrictive range of circumstances.

[FR Doc. 2013-18441 Filed 7-31-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18444-18446]
[FR Doc No: 2023-06415]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================

Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2023-0451; Airspace Docket No. 20-ASO-27]
RIN 2120-AA66

Establishment of Restricted Areas R-5306G and R-5306H and
Amendment of Restricted Areas R-5306C and R-5306D; Cherry Point, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish restricted areas R-5306G and
R-5306H at Marine Corps Air Station (MCAS) Cherry Point, NC. The
proposed restricted areas would overlie the amended restricted areas R-
5306C and R-5306D and the existing R-5306E. This action also proposes
minor amendments of 2 latitude/longitude coordinates in R-5306C and R-
5306D to align with a refined 3 nautical mile boundary line off the
coast, and controlling agency change for R-5306A, R-5306C, R-5306D, and
R-5306E to MCAS Cherry Point CERAP. Due to altitude constraints, the
existing restricted airspace structure around MCAS Cherry Point cannot
fully support the training requirements for current 4th or 5th
generation aircraft such as the F-18 and F-35. The proposed restricted
areas would provide realistic training to enable pilots and aircrews to
deliver real or simulated laser-guided precision guided munitions (PGM)
from realistic altitudes.

DATES: Comments must be received on or before May 15, 2023.

ADDRESSES: Send comments identified by FAA Docket No. 2023-0451 and
Airspace Docket No. 20-ASO-27 using any of the following methods:
    * Federal eRulemaking Portal: Go to 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, 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<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the 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: Brian Vidis, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would establish restricted area airspace at Cherry
Point, NC, to enhance aviation safety and accommodate essential U.S.
Marine Corps training activities.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.

Availability of NPRM

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701

Columbia Avenue, College Park, GA 30337.

Background

    The U.S. Marine Corps submitted a proposal to the FAA to expand the
existing restricted area at MCAS Cherry Point, NC, because the altitude
constraints of the current airspace structure cannot fully support U.S.
Marine Corps training and readiness requirements for current 4th or 5th
generation aircraft, such as the F-18 and F-35. Specifically, the
existing restricted areas R-5306C extends from 1,200 mean sea level
(MSL) to but not including flight level (FL) 180, and R-5306D and R-
5306E extend from the surface to but not including FL180. These
altitude constraints limit the U.S. Marine Corps' ability to conduct
realistic training by accurately representing laser-guided PGM
employment during combat operations. Laser-guided PGMs require high-
angle fires delivery techniques that necessitate flying at higher
altitudes. The U.S. Marine Corps needs additional, high-altitude
restricted airspace up to 27,000 feet MSL to provide a realistic
training environment for pilots and aircrews to be better prepared for
combat operations.
    In conjunction with restricted areas R-5306C, R-5306D, and R-5306E;
the proposed R-5306G and R-5306H would provide the airspace needed to
contain actual and simulated deliveries of ordnance for training in
conducting complex, simultaneous, live-fire missions, and provide
realistic training to pilots and aircrews to counter evolving threat
nation anti-aircraft capabilities.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to establish
restricted areas R-5306G and R-5306H, Cherry Point, NC. If established,
R-5306G and R-5306H would overlie the amended restricted areas R-5306C
and R-5306D and the existing R-5306E. Restricted area R-5306G would
extend from 18,000 feet MSL to 23,000 feet MSL. The time of designation
would be Intermittent, 0600-0000 local time Monday-Friday, other times
by NOTAM. R-5306H would extend from 23,001 MSL to 27,000 feet MSL. The
time of designation would be Intermittent, by NOTAM 4 hours in advance,
0001-1230 local time, May 1-October 31. This action also proposes minor
amendments of 2 latitude/longitude coordinates in R-5306C and R-5306D
to align with a refined 3 nautical mile boundary line off the coast,
and controlling agency change for R-5306A, R-5306C, R-5306D, and R-
5306E to MCAS Cherry Point Combined Center Radar Approach Control
(CERAP).
    Two Air Traffic Service routes, J-174 and Q-101, would be impacted
by the proposed restricted areas. However, R-5306G and R-5306H would be
joint-use; meaning that the restricted areas would be returned to the
controlling agency (FAA, Washington Air Route Traffic Control Center
(ARTCC) or Cherry Point CERAP) on a real time basis when not in use by
the using agency. Additionally, the FAA proposes to make provisions
that would allow the controlling agency to recall the airspace when
necessary to accommodate traffic flows. Based on these considerations,
the FAA expects minimum impact on commercial aircraft.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.53  North Carolina [Amended]

0
2. Section 73.53 is amended as follows:
* * * * *

R-5306A Cherry Point, NC [Amended]

    By removing the current Controlling Agency and inserting the
following in its place:
    Controlling agency. Marine Corps Air Station Cherry Point
Combined Center Radar Approach Control (CERAP).
* * * * *

R-5306C Cherry Point, NC [Amended]

    Boundaries. Beginning at lat. 34[deg]51'01'' N, long.
77[deg]05'29'' W; to lat. 34[deg]42'01'' N, long. 76[deg]54'44'' W;
to lat. 34[deg]41'51'' N, long. 76[deg]56'19'' W; to lat.
34[deg]37'36'' N, long. 76[deg]56'19'' W; thence southwest along a
line 3 nautical miles from and parallel to the shoreline to lat.
34[deg]34'16'' N, long. 77[deg]08'51'' W; to lat. 34[deg]34'31'' N,
long. 77[deg]08'59'' W; to lat. 34[deg]44'51'' N, long.
77[deg]14'39'' W; to lat. 34[deg]49'31'' N, long. 77[deg]09'59'' W;
thence to the point of beginning.
    Designated altitudes. From 1,200 feet MSL to, but not including
FL 180.
    Time of designation. Continuous.
    Controlling agency. Marine Corps Air Station Cherry Point CERAP.
    Using agency. USMC, Commanding Officer, U.S. Marine Corps Air
Station Cherry Point, NC.

R-5306D Cherry Point, NC [Amended]

    Boundaries. Beginning at lat. 34[deg]44'51'' N, long.
77[deg]14'39'' W; to lat. 34[deg]34'31'' N, long. 77[deg]08'59'' W;
to lat. 34[deg]34'16'' N, long. 77[deg]08'51'' W; thence southwest
along a line 3 nautical miles from and parallel to the shoreline to
lat. 34[deg]30'26'' N, long. 77[deg]15'55'' W; to lat.
34[deg]33'01'' N, long. 77[deg]18'59'' W; to lat. 34[deg]36'06'' N,
long. 77[deg]26'07'' W; to lat. 34[deg]40'01'' N, long.
77[deg]21'59'' W; to lat. 34[deg]39'11'' N, long. 77[deg]20'49'' W;
thence to the point of beginning.
    Designated altitudes. Surface to, but not including FL 180.
    Time of designation. Continuous.
    Controlling agency. Marine Corps Air Station Cherry Point CERAP.
    Using agency. USMC, Commanding General, Marine Corps
Installations East-Marine Corps Base Camp Lejeune, NC.
* * * * *

R-5306E Cherry Point, NC [Amended]

    By removing the current Controlling Agency and inserting the
following in its place:
    Controlling agency. Marine Corps Air Station Cherry Point CERAP.
* * * * *

R-5306G Cherry Point, NC [New]

    Boundaries. Beginning at lat. 34[deg]51'01'' N, long.
77[deg]05'29'' W; to lat. 34[deg]42'01'' N, long. 76[deg]54'44'' W;
to lat. 34[deg]41'51'' N, long. 76[deg]56'19'' W; to lat.
34[deg]37'36'' N, long. 76[deg]56'19'' W; thence southwest 3 NM from

and parallel to the shoreline to lat. 34[deg]30'26'' N, long.
77[deg]15'55'' W; to lat. 34[deg]33'01'' N, long. 77[deg]18'59'' W;
to lat. 34[deg]36'06'' N, long. 77[deg]26'07'' W; to lat.
34[deg]38'13'' N, long. 77[deg]25'59'' W; to lat. 34[deg]40'21'' N,
long. 77[deg]22'11'' W; to lat. 34[deg]40'01'' N, long.
77[deg]21'59'' W; to lat. 34[deg]39'11'' N, long. 77[deg]20'49'' W;
to lat. 34[deg]44'51'' N, long. 77[deg]14'39'' W; to lat.
34[deg]49'31'' N, long. 77[deg]09'59'' W; to the point of beginning.
    Designated altitudes. 18,000 feet MSL to 23,000 feet MSL.
    Time of designation. Intermittent, 0600-0000 local time Monday-
Friday, other times by NOTAM.
    Controlling agency. Marine Corps Air Station Cherry Point CERAP.
    Using agency. USMC, Commanding Officer, U.S. Marine Corps Air
Station Cherry Point, NC.

R-5306H Cherry Point, NC [New]

    Boundaries. Beginning at lat. 34[deg]51'01'' N, long.
77[deg]05'29'' W; to lat. 34[deg]42'01'' N, long. 76[deg]54'44'' W;
to lat. 34[deg]41'51'' N, long. 76[deg]56'19'' W; to lat.
34[deg]37'36'' N, long. 76[deg]56'19'' W; thence southwest 3 NM from
and parallel to the shoreline to lat. 34[deg]30'26'' N, long.
77[deg]15'55'' W; to lat. 34[deg]33'01'' N, long. 77[deg]18'59'' W;
to lat. 34[deg]36'06'' N, long. 77[deg]26'07'' W; to lat.
34[deg]38'13'' N, long. 77[deg]25'59'' W; to lat. 34[deg]40'21'' N,
long. 77[deg]22'11'' W; to lat. 34[deg]40'01'' N, long.
77[deg]21'59'' W; to lat. 34[deg]39'11'' N, long. 77[deg]20'49'' W;
to lat. 34[deg]44'51'' N, long. 77[deg]14'39'' W; to lat.
34[deg]49'31'' N, long. 77[deg]09'59'' W; to the point of beginning.
    Designated altitudes. 23,001 feet MSL to 27,000 feet MSL.
    Time of designation. Intermittent, by NOTAM 4 hours in advance,
0001-1230 local time May 1-October 31.
    Controlling agency. FAA, Washington ARTCC.
    Using agency. USMC, Commanding Officer, U.S. Marine Corps Air
Station Cherry Point, NC.
* * * * *

    Issued in Washington, DC, on March 23, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations Group.
[FR Doc. 2023-06415 Filed 3-28-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Rules and Regulations]
[Pages 22110-22115]
[FR Doc No: 2022-07933]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2022-0127; Special Conditions No. 25-810-SC]

Special Conditions: Dassault Aviation Model Falcon 6X Airplane;
Dynamic Test Requirements for Multiple-Occupant Side-Facing Seats With
Inflatable Restraints

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Dassault Aviation
(Dassault) Model Falcon 6X 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 multiple-occupant side-facing seats
with inflatable restraints. 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: This action is effective on Dassault on April 14, 2022. Send
comments on or before May 31, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2022-0127 using
any of the following methods:
     Federal eRegulations Portal: Go to https://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<PHONE_NUMBER>.
    Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in title 14, Code of Federal Regulations (14 CFR) 11.35, the
FAA will post to https://

www.regulations.gov/ all comments received without change, including
any personal information you provide. The FAA will also post a report
summarizing each substantive verbal contact received about these
special conditions.
    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 these special
conditions contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to these special conditions, 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 the indicated comments will not be placed in the public
docket of these special conditions. Send submissions containing CBI to
Shannon Lennon, Human Machine Interface, AIR-626, Technical Innovation
Policy Branch, Policy and Innovation Division, Aircraft Certification
Service, Federal Aviation Administration, 2200 South 216th Street, Des
Moines, Washington 98198; telephone and fax<PHONE_NUMBER>; email
[email protected]. Comments the FAA receives, which are not
specifically designated as CBI, will be placed in the public docket for
these special conditions.
    Docket: Background documents or comments received may be read at
https://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: Shannon Lennon, Human Machine
Interface, AIR-626, Technical Innovation Policy Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to 14 CFR 11.38(b), that new
comments are unlikely, and notice and comment prior to this publication
are unnecessary.

Comments Invited

    The FAA invites 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.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.

Background

    On July 1, 2012, Dassault Aviation applied for a type certificate
for its new Model Falcon 5X airplane. However, Dassault has decided not
to release an airplane under the model designation Falcon 5X, instead
choosing to change that model designation to Falcon 6X.
    In February of 2018, due to engine supplier issues, Dassault
extended the type certificate application date for its Model Falcon 5X
airplane under new Model Falcon 6X. This airplane is a twin-engine
business jet with seating for 19 passengers, and has a maximum takeoff
weight of 77,460 pounds.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Dassault must show that the
Model Falcon 6X airplane meets the applicable provisions of part 25, as
amended by amendments 25-1 through 25-146.
    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 Dassault Model Falcon 6X 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, 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 Dassault Model Falcon 6X 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.  21.17(a)(2).

Novel or Unusual Design Features

    The Dassault Model Falcon 6X airplane will incorporate the
following novel or unusual design features:
    Multiple-occupant side-facing seats that include an airbag system
in the shoulder belt.

Discussion

    Side-facing seats are considered a novel design for transport-
category airplanes that include Sec. Sec.  25.562 and 25.785 at
amendment 25-64 in their certification basis, and were not considered
when those airworthiness standards were issued. The FAA has determined
that the existing regulations do not provide adequate or appropriate
safety standards for occupants of side-facing seats. To provide a level
of safety that is equivalent to that afforded to occupants of forward-
and aft-facing seats, additional airworthiness standards in the form of
special conditions are necessary.
    On June 16, 1988, 14 CFR part 25 was amended by amendment 25-64 to
revise the emergency-landing conditions that must be considered in the
design of transport-category airplanes. Amendment 25-64 revised the
static-load conditions in Sec.  25.561, and added a new Sec.  25.562
that required dynamic testing for all seats approved for occupancy
during takeoff and landing. The intent of amendment 25-64 was to
provide an improved level of safety for occupants on transport-category
airplanes. However, because most seating on transport-category
airplanes is forward-facing, the pass/fail criteria developed in
amendment 25-64 focused primarily on these seats. For some time, the
FAA granted exemptions for the multiple-place side-facing-seat
installations because the existing test methods and acceptance criteria
did not produce a level of safety equivalent to the level of safety
provided for forward- and aft-facing seats. These exemptions were
subject to many conditions that reflected the injury-evaluation
criteria and mitigation strategies available at the time of the
exemption issuance.
    The FAA also issued special conditions to address single-place
side-facing seats based on the data available at the time the FAA
issued those special conditions. Continuing concerns regarding the
safety of side-facing seats prompted the FAA to conduct research

to develop an acceptable method of compliance with Sec. Sec.  25.562
and 25.785(b) for side-facing seat installations. That research has
identified injury considerations and evaluation criteria in addition to
those previously used to approve side-facing seats (see published
report DOT/FAA/AR-09/41, July 2011).
    One particular concern that was identified during the FAA's
research program, but not addressed in the previous special conditions,
was the significant leg injuries that can occur to occupants of both
single- and multiple-place side-facing seats. Because this type of
injury does not occur on forward- and aft-facing seats, the FAA
determined that, to achieve the level of safety envisioned in amendment
25-64, additional requirements would be needed as compared to
previously issued special conditions. Nonetheless, the research has now
allowed the development of a single set of special conditions that is
applicable to all fully side-facing seats.
    On November 5, 2012, the FAA released policy statement PS-ANM-25-
03-R1, ``Technical Criteria for Approving Side-Facing Seats,'' to
update existing FAA certification policy on Sec. Sec.  25.562 and
25.785(a) at amendment 25-64 for single- and multiple-place side-facing
seats. This policy addresses both the technical criteria for approving
side-facing seats and the implementation of those criteria. The FAA
methodology detailed in PS-ANM-25-03-R1 has been used in establishing a
new set of proposed special conditions. Some of the conditions issued
for previous exemptions are still relevant and are included in these
new special conditions. However, others have been replaced by different
criteria that reflect current research findings.
    In Policy Statement PS-ANM-25-03-R1, conditions 1 and 2 are
applicable to all side-facing seat installations, whereas conditions 3
through 16 represent additional requirements applicable to side-facing
seats equipped with an airbag system in the shoulder belt. These
special conditions follow those conditions found in Policy Statement
PS-ANM-25-03-R1.
    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.

Applicability

    As discussed above, these special conditions are applicable to the
Dassault Model Falcon 6X airplane. Should Dassault 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 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 Dassault Model Falcon 6X airplane.
    (a) Additional requirements applicable to tests or rational
analysis conducted to show compliance with Sec. Sec.  25.562 and 25.785
for side-facing seats:
    (1) The longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2), to show compliance with the seat-strength requirements of
Sec.  25.562(c)(7) and (8) and these special conditions, must have an
ES-2re anthropomorphic test dummy (ATD) (49 CFR part 572, subpart U) or
equivalent, or a Hybrid II ATD (49 CFR part 572, subpart B as specified
in Sec.  25.562) or equivalent, occupying each seat position and
including all items (e.g., armrest, interior wall, or furnishing)
contactable by the occupant if those items are necessary to restrain
the occupant. If included, the floor representation and contactable
items must be located such that their relative position, with respect
to the center of the nearest seat place, is the same at the start of
the test as before floor misalignment is applied. For example, if floor
misalignment rotates the centerline of the seat place nearest the
contactable item 8 degrees clockwise about the airplane x-axis, then
the item and floor representations must be rotated by 8 degrees
clockwise also, to maintain the same relative position to the seat
place, as shown in Figure 1. Each ATD's relative position to the seat
after application of floor misalignment must be the same as before
misalignment is applied. To ensure proper occupant seat loading, the
ATD pelvis must remain supported by the seat pan, and the restraint
system must remain on the pelvis and shoulder of the ATD until rebound
begins. No injury-criteria evaluation is necessary for tests conducted
only to assess seat-strength requirements.
    (2) The longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2), to show compliance with the injury assessments required
by Sec.  25.562(c) and these special conditions, may be conducted
separately from the test(s) to show structural integrity. In this case,
structural-assessment tests must be conducted as specified in paragraph
(a)(1), above, and the injury-assessment test must be conducted without
yaw or floor misalignment. Injury assessments may be accomplished by
testing with ES-2re ATD (49 CFR part 572, subpart U) or equivalent at
all places. Alternatively, these assessments may be accomplished by
multiple tests that use an ES-2re ATD at the seat place being
evaluated, and a Hybrid II ATD (49 CFR part 572, subpart B, as
specified in Sec.  25.562) or equivalent used in all seat places
forward of the one being assessed, to evaluate occupant interaction. In
this case, seat places aft of the one being assessed may be unoccupied.
If a seat installation includes adjacent items that are contactable by
the occupant, the injury potential of that contact must be assessed. To
make this assessment, tests may be conducted that include the actual
item, located and attached in a representative fashion. Alternatively,
the injury potential may be assessed by a combination of tests with
items having the same geometry as the actual item, but having stiffness
characteristics that would create the worst case for injury (injuries
due to both contact with the item and lack of support from the item).
BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR14AP22.046

    (3) If a seat is installed aft of structure (e.g., an interior wall
or furnishing) that does not have a homogeneous surface contactable by
the occupant, additional analysis and/or test(s) may be required to
demonstrate that the injury criteria are met for the area that an
occupant could contact. For example, different yaw angles could result
in different injury considerations and may require additional analysis
or separate test(s) to evaluate.
    (4) To accommodate a range of occupant heights (5th percentile
female to 95th percentile male), the surface of items contactable by
the occupant must be homogenous 7.3 in. (185 mm) above and 7.9 in. (200
mm) below the point (center of area) that is contacted by the 50th
percentile male size ATD's head during the longitudinal test(s)
conducted in accordance with paragraphs (a)(1), (2), and (3), above.
Otherwise, additional head-injury criteria (HIC) assessment tests may
be necessary. Any surface (inflatable or otherwise) that provides
support for the occupant of any seat place must provide that support in
a consistent manner regardless of occupant stature. For example, if an
inflatable shoulder belt is used to mitigate injury risk, then it must
be demonstrated by inspection to bear against the range of occupants in
a similar manner before and after inflation. Likewise, the means of
limiting lower-leg flail must be demonstrated by inspection to provide
protection for the range of occupants in a similar manner.
    (5) For longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2) and these special conditions, the ATDs must be positioned,
clothed, and have lateral instrumentation configured as follows:
    (i) ATD positioning: Lower the ATD vertically into the seat while
simultaneously (see Figure 2):

[GRAPHIC] [TIFF OMITTED] TR14AP22.047

BILLING CODE 4910-13-C
    (A) Aligning the midsagittal plane (a vertical plane through the
midline of the body; dividing the body into right and left halves) with
approximately the middle of the seat place.
    (B) Applying a horizontal x-axis direction (in the ATD coordinate
system) force of about 20 lb (89 N) to the torso at approximately the
intersection of the midsagittal plane and the bottom rib of the ES-2re
or lower sternum of the Hybrid II at the midsagittal plane, to compress
the seat back cushion.
    (C) Keeping the upper legs nearly horizontal by supporting them
just behind the knees.
    (D) After all lifting devices have been removed from the ATD:
    (1) Rock it slightly to settle it into the seat.
    (2) Separate the knees by about 4 in. (100 mm).
    (3) Set the ES-2re ATD's head at approximately the midpoint of the
available range of z-axis rotation (to align the head and torso
midsagittal planes).
    (4) Position the ES-2re ATD's arms at the joint's mechanical detent
that puts them at approximately a 40-degree angle with respect to the
torso. Position the Hybrid II ATD hands on top of its upper legs.
    (5) Position the feet such that the centerlines of the lower legs
are approximately parallel to a lateral vertical plane (in the airplane
coordinate system).
    (ii) ATD clothing: Clothe each ATD in form-fitting, mid-calf-length
(minimum) pants and shoes (size 11E) weighing about 2.5 lb (1.1 Kg)
total. The color of the clothing should be in contrast to the color of
the restraint system. The ES-2re jacket is sufficient for torso
clothing, although a form-fitting shirt may be used in addition if
desired.
    (iii) ES-2re ATD lateral instrumentation: The rib-module linear
slides are directional, i.e., deflection occurs in either a positive or
negative ATD y-axis direction. The modules must be installed such that
the moving end of the rib module is toward the front of the airplane.
The three abdominal-force sensors must be installed such that they are
on the side of the ATD toward the front of the airplane.
    (6) The combined horizontal/vertical test, required by Sec.
25.562(b)(1) and these special conditions, must be conducted with a
Hybrid II ATD (49 CFR part 572, subpart B, as specified in Sec.
25.562), or equivalent, occupying each seat position.
    (7) Restraint systems:
    (i) If inflatable restraint systems are used, they must be active
during all dynamic tests conducted to show compliance with Sec.
25.562.
    (ii) The design and installation of seatbelt buckles must prevent
unbuckling due to applied inertial forces, or impact of the hands or
arms

of the occupant during an emergency landing.
    (b) Additional performance measures applicable to tests and
rational analysis conducted to show compliance with Sec. Sec.  25.562
and 25.785 for side-facing seats:
    (1) Body-to-body contact: Contact between the head, pelvis, torso,
or shoulder area of one ATD with the adjacent-seated ATD's head,
pelvis, torso, or shoulder area is not allowed. Contact during rebound
is allowed.
    (2) Thoracic: The deflection of any of the ES-2re ATD upper,
middle, and lower ribs must not exceed 1.73 in. (44 mm). Data must be
processed as defined in Federal Motor Vehicle Safety Standards (FMVSS)
571.214.
    (3) Abdominal: The sum of the measured ES-2re ATD front, middle,
and rear abdominal forces must not exceed 562 lb (2,500 N). Data must
be processed as defined in FMVSS 571.214.
    (4) Pelvic: The pubic symphysis force measured by the ES-2re ATD
must not exceed 1,350 lb (6,000 N). Data must be processed as defined
in FMVSS 571.214.
    (5) Leg: Axial rotation of the upper-leg (femur) must be limited to
35 degrees in either direction from the nominal seated position.
    (6) Neck: As measured by the ES-2re ATD and filtered at Channel
Frequency Class 600 as defined in SAE J211, ``Instrumentation for
Impact Test--Part 1--Electronic Instrumentation.''
    (i) The upper-neck tension force at the occipital condyle (O.C.)
location must be less than 405 lb (1,800 N).
    (ii) The upper-neck compression force at the O.C. location must be
less than 405 lb (1,800 N).
    (iii) The upper-neck bending torque about the ATD x-axis at the
O.C. location must be less than 1,018 in-lb (115 Nm).
    (iv) The upper-neck resultant shear force at the O.C. location must
be less than 186 lb (825 N).
    (2) Occupant (ES-2re ATD) retention: The pelvic restraint must
remain on the ES-2re ATD's pelvis during the impact and rebound phases
of the test. The upper-torso restraint straps (if present) must remain
on the ATD's shoulder during the impact.
    (3) Occupant (ES-2re ATD) support:
    (i) Pelvis excursion: The load-bearing portion of the bottom of the
ATD pelvis must not translate beyond the edges of its seat's bottom
seat-cushion supporting structure.
    (ii) Upper-torso support: The lateral flexion of the ATD torso must
not exceed 40 degrees from the normal upright position during the
impact.
    (c) For seats with an airbag system in the shoulder belts:
    (1) Show that the airbag system in the shoulder belt will deploy
and provide protection under crash conditions where it is necessary to
prevent serious injury. The means of protection must take into
consideration a range of stature from a 2-year-old child to a 95th
percentile male. The airbag system in the shoulder belt must provide a
consistent approach to energy absorption throughout that range of
occupants. When the seat system includes an airbag system, that system
must be included in each of the certification tests as it would be
installed in the airplane. In addition, the following situations must
be considered:
    (i) The seat occupant is holding an infant.
    (ii) The seat occupant is a pregnant woman.
    (2) The airbag system in the shoulder belt must provide adequate
protection for each occupant regardless of the number of occupants of
the seat assembly, considering that unoccupied seats may have an active
airbag system in the shoulder belt.
    (3) The design must prevent the airbag system in the shoulder belt
from being either incorrectly buckled or incorrectly installed, such
that the airbag system in the shoulder belt would not properly deploy.
Alternatively, it must be shown that such deployment is not hazardous
to the occupant, and will provide the required injury protection.
    (4) It must be shown that the airbag system in the shoulder belt is
not susceptible to inadvertent deployment as a result of wear and tear,
or inertial loads resulting from in-flight or ground maneuvers
(including gusts and hard landings), and other operating and
environmental conditions (vibrations, moisture, etc.) likely to occur
in service.
    (5) Deployment of the airbag system in the shoulder belt must not
introduce injury mechanisms to the seated occupant, or result in
injuries that could impede rapid egress. This assessment should include
an occupant whose belt is loosely fastened.
    (6) It must be shown that inadvertent deployment of the airbag
system in the shoulder belt, during the most critical part of the
flight, will either meet the requirement of Sec.  25.1309(b) or not
cause a hazard to the airplane or its occupants.
    (7) It must be shown that the airbag system in the shoulder belt
will not impede rapid egress of occupants 10 seconds after airbag
deployment.
    (8) The airbag system must be protected from lightning and high-
intensity radiated fields (HIRF). The threats to the airplane specified
in existing regulations regarding lighting, Sec.  25.1316, and HIRF,
Sec.  25.1317, are incorporated by reference for the purpose of
measuring lightning and HIRF protection.
    (9) The airbag system in the shoulder belt must function properly
after loss of normal aircraft electrical power, and after a transverse
separation of the fuselage at the most critical location. A separation
at the location of the airbag system in the shoulder belt does not have
to be considered.
    (10) It must be shown that the airbag system in the shoulder belt
will not release hazardous quantities of gas or particulate matter into
the cabin.
    (11) The airbag system in the shoulder-belt installation must be
protected from the effects of fire such that no hazard to occupants
will result.
    (12) A means must be available for a crewmember to verify the
integrity of the airbag system in the shoulder-belt activation system
prior to each flight, or it must be demonstrated to reliably operate
between inspection intervals. The FAA considers that the loss of the
airbag-system deployment function alone (i.e., independent of the
conditional event that requires the airbag-system deployment) is a
major-failure condition.
    (13) The inflatable material may not have an average burn rate of
greater than 2.5 inches/minute when tested using the horizontal
flammability test defined in part 25, appendix F, part I, paragraph
(b)(5).
    (14) The airbag system in the shoulder belt, once deployed, must
not adversely affect the emergency-lighting system (i.e., block floor
proximity lights to the extent that the lights no longer meet their
intended function).

    Issued in Kansas City, Missouri, on April 8, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-07933 Filed 4-13-22; 8:45 am]
BILLING CODE 4910-13-P