[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Proposed Rules]
[Pages 36351-36352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11437]
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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.
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Federal Register / Vol. 85, No. 116 / Tuesday, June 16, 2020 /
Proposed Rules
[[Page 36351]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2020-0519; Notice No. 25-20-06-SC]
Special Conditions: Aerospace Design and Compliance, LLC,
Bombardier, Inc. Model CL-600-2B19 Airplane; Installation of a
Therapeutic Oxygen System for Medical Use
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed special conditions.
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SUMMARY: This action proposes special conditions for the Bombardier
Inc. (Bombardier) Model CL-600-2B19 airplane. This airplane, as
modified by Aerospace Design and Compliance, LLC (Aerospace Design and
Compliance), will have a novel or unusual design feature when compared
to the state of technology envisioned in the airworthiness standards
for transport category airplanes. The design feature is an installation
of a therapeutic oxygen system for medical use. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These proposed special conditions
contain the additional safety standards that the Administrator
considers necessary to establish a level of safety equivalent to that
established by the existing airworthiness standards.
DATES: Send comments on or before July 6, 2020.
ADDRESSES: Send comments identified by Docket No. FAA-2020-0519 using
any of the following methods:
Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Robert Hettman, Propulsion &
Mechanical Systems, AIR-672, Transport Standards Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax 206-231-3171; email [email protected].
SUPPLEMENTARY INFORMATION:
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 November 20, 2019, Aerospace Design and Compliance applied for a
supplemental type certificate for the installation of a therapeutic
oxygen system for medical use in the executive interiors of the
Bombardier Model CL-600-2B19 airplane. The Model CL-600-2B19 airplane,
which is currently approved under Type Certificate No. A21EA, is a
twin-engine transport airplane with a maximum takeoff weight of 47,450
lbs. The Model CL-600-2B19 airplane will have 55 seats approved for
taxi, takeoff, and landing.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Aerospace Design and Compliance must show that the
Bombardier Model CL-600-2B19 airplane, as changed, continues to meet
the applicable provisions of the regulations listed in Type Certificate
No. A21EA, or the applicable regulations in effect on the date of
application for the change, except for earlier amendments as agreed
upon by the FAA.
If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Bombardier Model CL-600-2B19
airplane because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Bombardier Model CL-600-2B19 airplane must comply with
the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and
the noise certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.
[[Page 36352]]
Novel or Unusual Design Features
The Bombardier Model CL-600-2B19 airplane will incorporate the
following novel or unusual design features:
A therapeutic oxygen system for medical use.
As a part of the executive interior installation, the gaseous
passenger oxygen system will be outfitted with a therapeutic oxygen
system. The therapeutic oxygen system shares the same supply of oxygen
with the existing passenger oxygen system and consists of multiple
constant flow oxygen outlets located throughout the cabin. The
flightcrew can turn the therapeutic oxygen system on and off from the
flightdeck to allow use at any point during the flight, and to preserve
a sufficient remaining oxygen reserve, in the event therapeutic oxygen
is used for medical purposes, to accommodate the passengers in the
event of an emergency oxygen situation.
Discussion
No specific regulations address the design and installation of
required passenger oxygen systems that share a supply source with an
optional oxygen system used specifically for therapeutic applications.
Therapeutic oxygen systems have been previously certified, and were
generally considered an extension of the passenger oxygen system for
the purpose of defining the applicable regulations. As a result,
existing requirements, such as Sec. Sec. 25.1309, 25.1441(b) and (c),
25.1451, and 25.1453, in the Bombardier Model CL-600-2B19 airplanes'
certification basis applicable to this STC project, provide some design
standards appropriate for oxygen system installations. In addition,
Sec. 25.1445 includes standards for oxygen distribution systems when
oxygen is supplied to flightcrew and passengers. If a common source of
supply is used, Sec. 25.1445(a)(2) requires a means to separately
reserve the minimum supply required by the flightcrew.
Section 25.1445 is intended to protect the flightcrew by ensuring
that an adequate supply of oxygen is available to complete a descent
and landing following a loss of cabin pressure. When the regulation was
written, the only passenger oxygen system designs were supplemental
oxygen systems intended to protect passengers from hypoxia in the event
of a decompression. Existing passenger oxygen systems did not include
design features that would allow the flightcrew to control oxygen to
passengers during flight. There are no similar requirements in Sec.
25.1445 when oxygen is supplied from the same source to passengers for
use during a decompression, and for discretionary or first-aid use any
time during the flight. In the proposed design, the passenger and
therapeutic oxygen systems use the same source of oxygen. The special
conditions contain additional design requirements for the equipment
involved in this dual therapeutic oxygen plus gaseous oxygen
installation.
Furthermore, the potential hazard that can exist when the oxygen
content of an enclosed area becomes too high because of system leaks,
malfunction, or damage from external sources, make it necessary to
ensure that adequate safety standards are applied to the design and
installation of the oxygen system in Bombardier Model CL-600-2B19
airplanes. These potential hazards also necessitate development and
application of appropriate additional design and installation
standards.
The proposed special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.
Applicability
As discussed above, these special conditions are applicable to the
Bombardier Model CL-600-2B19 airplane as modified by Aerospace Design
and Compliance. Should Aerospace Design and Compliance apply at a later
date for a supplemental type certificate to modify any other model
included on Type Certificate No. A21EA, to incorporate the same novel
or unusual design feature, these special conditions would apply to that
model as well.
Certification of the Bombardier Model CL-600-2B19 airplane is
currently scheduled for May 2020. The substance of these special
conditions has been subject to the notice and public comment procedure
in several prior instances with no public comments received. Therefore,
because a delay would significantly affect the applicant's installation
of the system and the certification of the airplane, the FAA is
shortening the public comment period to 20 days.
Conclusion
This action affects only a certain novel or unusual design feature
on one model of airplane. It is not a rule of general applicability and
affects only the applicant who applied to the FAA for approval of these
features on the airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.
The Proposed Special Conditions
Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Bombardier Model CL-600-2B19 airplanes, as modified by Aerospace
Design and Compliance, LLC.
The distribution system for the passenger therapeutic oxygen
systems must be designed and installed to meet requirements as follows:
1. When oxygen is supplied to passengers for both supplemental and
therapeutic purposes, the distribution system must be designed for
either--
a. A source of supplemental oxygen for protection following a loss
of cabin pressure, and a separate source for therapeutic purposes: or
b. A common source of supply with means to separately reserve the
minimum supply required by the passengers for supplemental use
following a loss of cabin pressure.
Issued in Des Moines, Washington, on May 21, 2020.
James E. Wilborn,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2020-11437 Filed 6-15-20; 8:45 am]
BILLING CODE 4910-13-P