Proposed Rule2022-00505
Special Conditions: FedEx Express, Airbus Model A321-200 Airplanes; Installation of an Infrared Laser Countermeasure System
Primary source
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Published
January 18, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action proposes special conditions for the Airbus Model A321-200 airplane. This airplane, as modified by FedEx Express (FedEx), 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.
Full Text
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<title>Federal Register, Volume 87 Issue 11 (Tuesday, January 18, 2022)</title>
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[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Proposed Rules]
[Pages 2561-2563]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00505]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2021-0775; Notice No. 25-21-03-SC]
Special Conditions: FedEx Express, Airbus Model A321-200
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 Airbus Model
A321-200 airplane. This airplane, as modified by FedEx Express (FedEx),
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 March 4, 2022.
ADDRESSES: Send comments identified by Docket No. FAA-2021-0775 using
any of the following methods:
<bullet> Federal eRegulations Portal: Go to <a href="https://www.regulations.gov/">https://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="https://www.regulations.gov/">https://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="https://www.regulations.gov/">https://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
[[Page 2562]]
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#0441766d672a492a5461706176776b6a446265652a636b72"><span class="__cf_email__" data-cfemail="e5a0978c86cba8cbb580918097968a8ba5838484cb828a93">[email protected]</span></a>.
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 proposed 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 proposed special conditions based on
the comments received.
Background
On October 16, 2019, FedEx applied for a supplemental type
certificate to install a laser-based missile-defense system, which
directs infrared laser energy toward heat-seeking missiles, on the
Airbus Model A321-200 airplane. This airplane, which is a derivative of
the Airbus Model A321 series airplanes currently approved under Type
Certificate No. A28NM, is a twin-engine, transport-category jet with
allowable seating for 220 passengers, and a maximum takeoff weight of
89,000 pounds.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, FedEx must show that the Airbus Model A321-200 airplane,
as changed, continues to meet the applicable provisions of the
regulations listed in Type Certificate No. A28NM, 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 Airbus Model A321-200 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 Airbus Model A321-200 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 Airbus Model A321-200 airplane, as modified by FedEx, 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 a laser-based
missile-defense system for installation on civilian aircraft, to
protect those aircraft against heat-seeking missiles. The FedEx
missile-defense 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
also can 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. Title
14, Code of Federal Regulations 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 missile-defense 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 missile-defense 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 1040.
Condition 4 requires the airplane instructions for continued
airworthiness to contain the appropriate warnings
[[Page 2563]]
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 missile-defense 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 missile-defense 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 proposed special conditions are
applicable to the Airbus Model A321-200 airplane, as modified by FedEx,
with the laser-based missile-defense system installed. Should FedEx
apply at a later date for a supplemental type certificate to modify any
other model included on Type Certificate No. A28NM 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.
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 Airbus Model A321-200 airplane with a laser-based missile-
defense system, as modified by FedEx.
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 laser-based
missile-defense system at the location of the laser installation.
4. Instructions for continued airworthiness for installation,
removal, and maintenance of the laser-based missile-defense 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 January 7, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-00505 Filed 1-14-22; 8:45 am]
BILLING CODE 4910-13-P
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