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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of 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 21.101.
In addition to the applicable airworthiness regulations and special conditions, the Bombardier Model CL
6002B16 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 11.38, and they become part of the type certification basis under 21.101.

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Novel or Unusual Design Features The Bombardier Model CL6002B16
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 Aviations LAIRCM system directs infrared laser energy toward an incoming missile, in an effort to interrupt the missiles tracking of the aircrafts 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 crews 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 FAAs design standards are inadequate to address this capability. Therefore,
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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 applicants analysis should include effects from the systems 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
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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 lasers classification in 21 CFR parts 10001010.
Condition 4 requires the airplane instructions for continued airworthiness to contain the appropriate warnings related to the lasers classification. Like the warning information to be provided at the location of the laser systems 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 701, Outdoor Laser Operations, provides guidance on obtaining operational approval.
Applicability As discussed above, these special conditions are applicable to the Bombardier Model CL6002B16
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.

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