AVIATION / “Special Conditions” for the respective designs of specified Embraer airplanes where FAA Rules Lack “Adequate or Appropriate Safety Standards”.

The U.S. FAA has proposed to issue two separate sets of “Special Conditions” relating to the Embraer, S.A. Model EMB 550 airplane.  

Who is affected? At present only the manufacturer of the airplanes specified.

What are “special conditions”? According to 14 CFR § 11.19:

“A special condition is a regulation that applies to a particular aircraft design. The FAA issues special conditions when we find that the airworthiness regulation for an aircraft, aircraft engine, or propeller design do not contain adequate or appropriate safety standards, because of a novel or unusual design feature [Emphasis supplied].”

(January 24, 2013, Notice of proposed special conditions.

“This action proposes special conditions for the Embraer S.A. Model EMB-550 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. These design features include a high-speed protection system. 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.”

(January 24, 2013, Notice of proposed special conditions.

“This action proposes special conditions for the Embraer S.A. Model EMB-550 airplane. This airplane will have a novel or unusual design feature(s), specifically new control architecture and a full digital flight control system which provides flight envelope protections. 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.”