Proposed Rule2021-12833
Special Conditions: Pro Star Aviation LLC, Bombardier Model CL-600-2B16 Airplanes; Installation of an Infrared Laser Countermeasure System.
Primary source
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Published
June 24, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action proposes special conditions for the Bombardier Model CL-600-2B16 (Bombardier) airplane. This airplane, as modified by Pro Star Aviation LLC (Pro Star Aviation), 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 a system that emits infrared laser energy outside the aircraft as a countermeasure against heat-seeking missiles. 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.
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<title>Federal Register, Volume 86 Issue 119 (Thursday, June 24, 2021)</title>
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[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Proposed Rules]
[Pages 33147-33149]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12833]
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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. 86, No. 119 / Thursday, June 24, 2021 /
Proposed Rules
[[Page 33147]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2020-0893; Notice No. 25-21-02-SC]
Special Conditions: Pro Star Aviation LLC, Bombardier Model CL-
600-2B16 Airplanes; Installation of an Infrared Laser Countermeasure
System.
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
Model CL-600-2B16 (Bombardier) airplane. This airplane, as modified by
Pro Star Aviation LLC (Pro Star Aviation), 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 a system that emits infrared laser energy outside the
aircraft as a countermeasure against heat-seeking missiles. 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 August 9, 2021.
ADDRESSES: Send comments identified by Docket No. FAA-2020-0893 using
any of the following methods:
<bullet> Federal eRegulations Portal: Go to <a href="http://www.regulations.gov/">http://www.regulations.gov/</a> and follow the online instructions for sending
your comments electronically.
<bullet> 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.
<bullet> 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.
<bullet> Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in 14 CFR 11.35, the FAA will post all comments received
without change, to <a href="http://www.regulations.gov/">http://www.regulations.gov/</a>, including any personal
information you provide. The FAA will also post a report summarizing
each substantive verbal contact received about this proposal.
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
this document contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this document, 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 they
will not be placed in the public docket of this document. Send
submissions containing CBI to the person indicated in the Contact
section below. Comments that the FAA receives which are not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov/">http://www.regulations.gov/</a> 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: Eric Peterson, Safety Risk Management
Section, AIR-633, Policy and Innovation Division, Aircraft
Certification Service, Federal Aviation Administration, 2200 South
216th Street, Des Moines, Washington 98198; telephone and fax 206-231-
3413; email <a href="/cdn-cgi/l/email-protection#c98cbba0aae784e799acbdacbbbaa6a789afa8a8e7aea6bf"><span class="__cf_email__" data-cfemail="51142338327f1c7f0134253423223e3f113730307f363e27">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2020-0893'' at the beginning
of your comments. 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 and
may amend these special conditions because of those comments.
Background
On December 7, 2018, Pro Star Aviation applied for a supplemental
type certificate to install a ``Large Aircraft Infrared Countermeasure
(LAIRCM)'' system, which directs infrared laser energy toward heat-
seeking missiles, on the Bombardier Model CL-600-2B16 airplane. This
airplane, which is a derivative of the Bombardier Model CL-600 series
airplanes currently approved under Type Certificate No. A21EA, is a
twin-engine business jet with seating for 20 passengers and two
crewmembers, and a maximum takeoff weight of 47,600 pounds.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR 21.101), Pro Star Aviation must show that the Bombardier Model CL-
600-2B16 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-600-2B16
[[Page 33148]]
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-600-2B16 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.
Novel or Unusual Design Features
The Bombardier Model CL-600-2B16 airplane, as modified by Pro Star
Aviation, will incorporate the following novel or unusual design
feature:
A system that emits infrared laser energy outside the aircraft.
Discussion
In recent years, in several incidents abroad, civilian aircraft
were fired upon by man-portable air defense systems (MANPADS). This has
led several companies to design and adapt systems like LAIRCM for
installation on civilian aircraft, to protect those aircraft against
heat-seeking missiles. Pro Star Aviation's LAIRCM system directs
infrared laser energy toward an incoming missile, in an effort to
interrupt the missile's tracking of the aircraft's heat.
Infrared laser energy can pose a hazard to persons on the aircraft,
on the ground, and on other aircraft. The risk is heightened because
infrared light is invisible to the human eye. Human exposure to
infrared laser energy can result in eye and skin damage, and affect a
flight crew's ability to control the aircraft. Infrared laser energy
can also affect other aircraft, whether airborne or on the ground, and
property, such as fuel trucks and airport equipment, in a manner that
adversely affects aviation safety.
FAA design standards for transport category airplanes did not
envisage that a design feature could project infrared laser energy
outside the airplane. The FAA's design standards are inadequate to
address this capability. Therefore, this system is a novel or unusual
design feature, and the FAA has developed these proposed special
conditions to establish a level of safety equivalent to that of the
regulations.
Special conditions are also warranted, per 14 CFR 21.16, because
FAA design standards are inappropriate for this design feature. 14 CFR
25.1301 requires installed equipment to be of a design that is
appropriate for its intended function. The FAA has no basis to
determine whether this LAIRCM system will successfully perform its
intended function of thwarting heat-seeking missiles.
The special conditions that the FAA proposes to address the
installation of the LAIRCM system on this model of airplane are as
follows.
Ground Activation. Condition 1 requires the design to have means to
prevent inadvertent operation of the system while the airplane is on
the ground, including during maintenance. These means must identify and
address all foreseeable failure modes that may result in inadvertent
operation. These modes include errors in airplane maintenance and
operating procedures, such as erroneously setting the system to ``air''
mode while the airplane is on the ground. The applicant could show such
failure modes, their risks, and how they will be addressed, by
conducting safety assessments and incorporating prevention strategies
into the design.
In-Flight Activation. Condition 2 requires that the system be
designed so that in-flight operation does not result in damage to the
airplane or to other aircraft, or injury to any person. To account for
these effects, the applicant's analysis should include effects from the
system's erroneous operation, from system failures, and from failures
that may not be readily detectable prior to flight (i.e. latent
failures). The applicant may address this condition through safety
assessments and incorporation of prevention strategies into its design.
The ``operation'' addressed by Condition 2 includes all operation of
the system, whether intentional, inadvertent, or automatic.
Markings, instructions, and other information. Conditions 3, 4, and
5 are intended to protect certain categories of persons based upon
their expected interaction with the system. These conditions require
the design to supply certain safety information to these persons.
Condition 3 requires the design to provide pertinent laser-safety
information to maintenance and service personnel at the location of the
installation. At a minimum, such ``pertinent'' information will include
information about potential hazards to persons who are using optical
magnification devices, such as magnifying glasses or binoculars. The
warning information should be consistent with the laser's
classification in 21 CFR parts 1000-1010.
Condition 4 requires the airplane instructions for continued
airworthiness to contain the appropriate warnings related to the
laser's classification. Like the warning information to be provided at
the location of the laser system's installation, the purpose of this
condition is to ensure any person maintaining the system is aware of
the hazards, including those related to the use of magnifying glasses
or binoculars.
Condition 5 requires the applicant to update the airplane operating
limitations and information required under 14 CFR 25.1581. The airplane
flight-manual supplement insert must describe the intended function of
the LAIRCM system, its intended operation, and the phases of flight in
which it may be used. The insert also must add a caution that describes
the significant risk of injury the LAIRCM system poses to others while
in proximity to other aircraft, airports, and populated areas.
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.
After considering public comment, should the FAA impose these
special conditions on the applicant, and issue a supplemental type
certificate for the installation of this system, such approvals would
not constitute approval to operate the system. FAA Advisory Circular
70-1, Outdoor Laser Operations, provides guidance on obtaining
operational approval.
Applicability
As discussed above, these special conditions are applicable to the
Bombardier Model CL-600-2B16 airplane with the Pro Star Aviation LAIRCM
system installed. Should Pro Star Aviation 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.
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.
[[Page 33149]]
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 the Bombardier Model CL-600-2B16 airplane with the LAIRCM system,
as modified by Pro Star Aviation.
1. The system must have means that prevent the inadvertent
activation of the system on the ground, including during airplane
maintenance and ground handling. Such means must address all
foreseeable failure modes and operating and maintenance errors.
2. The system must be designed so that its operation in-flight does
not result in damage to the airplane or other aircraft, or injury to
any person. Operation of the system must not be capable of compromising
continued safe flight and landing of other aircraft and the airplane on
which it is installed, either by direct damage, laser-reflective
damage, or through distraction or incapacitation of crew.
3. Laser-safety information for maintaining or servicing the
airplane must be prominently placarded on the airplane or LAIRCM system
at the location of the laser installation.
4. Instructions for continued airworthiness for installation,
removal, and maintenance of the LAIRCM system must contain warnings
appropriate to the laser classification concerning the hazards
associated with exposure to laser radiation. This includes instructions
regarding potential hazards to personnel who are using optical
magnification devices such as magnifying glasses or binoculars.
5. The airplane flight manual supplement (AFMS) must describe the
intended functions of the installed laser systems, to include
identifying the intended operations and phases of flight. The AFMS must
state, ``CAUTION: The operation of the installed laser system could
pose significant risk of injury to others while in proximity to other
aircraft, airports, and populated areas.''
Issued in Kansas City, Missouri, on June 14, 2021.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2021-12833 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-13-P
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