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Final Rule

Special Conditions: Gulfstream Aerospace Corporation, Model GVII-G400 Airplane; Installation of a Therapeutic Oxygen System for Medical Use

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What is this Federal Register notice?

This is a final rule published in the Federal Register by Transportation Department, Federal Aviation Administration. Final rules have completed the public comment process and establish legally binding requirements.

Is this rule final?

Yes. This rule has been finalized. It has completed the notice-and-comment process required under the Administrative Procedure Act.

Who does this apply to?

Consult the full text of this document for specific applicability provisions. The affected parties depend on the regulatory scope defined within.

When does it take effect?

This document has been effective since November 21, 2024.

Why it matters: This final rule amends regulations in 14 CFR Part 25.

Document Details

Document Number2024-27131
TypeFinal Rule
PublishedNov 21, 2024
Effective DateNov 21, 2024
RIN-
Docket IDDocket No. FAA-2024-2388
Text FetchedYes

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Full Document Text (1,739 words · ~9 min read)

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<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>Federal Aviation Administration</SUBAGY> <CFR>14 CFR Part 25</CFR> <DEPDOC>[Docket No. FAA-2024-2388; Special Conditions No. 25-871-SC]</DEPDOC> <SUBJECT>Special Conditions: Gulfstream Aerospace Corporation, Model GVII-G400 Airplane; Installation of a Therapeutic Oxygen System for Medical Use</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Aviation Administration (FAA), DOT. <HD SOURCE="HED">ACTION:</HD> Final special conditions; request for comments. <SUM> <HD SOURCE="HED">SUMMARY:</HD> These special conditions are issued for the Gulfstream Aerospace Corporation (Gulfstream) Model GVII-G400 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. This design feature is the installation of a therapeutic oxygen distribution system that provides a shared source of oxygen between the flightcrew and passengers. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This action is effective on Gulfstream on November 21, 2024. Send comments on or before January 6, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Send comments identified by Docket No. FAA-2024-2388 using any of the following methods: • <E T="03">Federal eRegulations Portal:</E> Go to <E T="03">www.regulations.gov</E> and follow the online instructions for sending your comments electronically. • <E T="03">Mail:</E> 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. • <E T="03">Hand Delivery or Courier:</E> 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. • <E T="03">Fax:</E> Fax comments to Docket Operations at 202-493-2251. • <E T="03">Docket:</E> Background documents or comments received may be read at <E T="03">www.regulations.gov</E> 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. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Robert Hettman, Mechanical Systems, AIR-623, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service, Federal Aviation Administration, 2200 South 216th Street, Des Moines, WA 98198; telephone 206-231-3171; email <E T="03">robert.hettman@faa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> The substance of these special conditions has been published in the <E T="04">Federal Register</E> for public comment in several prior instances with no substantive comments received. Therefore, the FAA finds, pursuant to title 14, Code of Federal Regulations (14 CFR) 11.38(b), that new comments are unlikely, and notice and comment prior to this publication are unnecessary. <HD SOURCE="HD1">Privacy</HD> Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in title 14, Code of Federal Regulations (14 CFR) 11.35, the FAA will post all comments received without change to <E T="03">www.regulations.gov,</E> including any personal information you provide. The FAA will also post a report summarizing each substantive verbal contact received about these special conditions. <HD SOURCE="HD1">Confidential Business Information</HD> 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 these special conditions contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to these special conditions, 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 the indicated comments will not be placed in the public docket of these special conditions. Send submissions containing CBI to the individual listed in the <E T="02">For Further Information Contact</E> section below. Comments the FAA receives, which are not specifically designated as CBI, will be placed in the public docket for these special conditions. <HD SOURCE="HD1">Comments Invited</HD> 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, and will consider comments filed late if it is possible to do so without incurring delay. The FAA may change these special conditions based on the comments received. <HD SOURCE="HD1">Background</HD> On June 30, 2020, Gulfstream applied for an amendment to Type Certificate No. T00021AT to include the new Model GVII-G400 airplane. The Gulfstream Model GVII-G400 airplane, which is a derivative of the Model GVII-G500 airplane currently approved under Type Certificate No. T00021AT, is a twin-engine, transport-category, business jet, with a maximum seating for 19 passengers, and a maximum take-off weight of 73,500 pounds. <HD SOURCE="HD1">Type Certification Basis</HD> Under the provisions of title 14, Code of Federal Regulations (14 CFR) 21.101, Gulfstream must show that the Model GVII-G400 airplane meets the applicable provisions of the regulations listed in Type Certificate No. T00021AT, 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 T="03">e.g.,</E> 14 CFR part 25) do not contain adequate or appropriate safety standards for the Gulfstream Model GVII-G400 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 type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified 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 Gulfstream Model GVII-G400 airplane must comply with the 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 14 CFR 11.38, and they become part of the type certification basis under § 21.101. <HD SOURCE="HD1">Novel or Unusual Design Features</HD> The Gulfstream Model GVII-G400 airplane will incorporate the following novel or unusual design feature: An oxygen distribution system that provides a shared source of oxygen between the flightcrew and passengers to provide supplemental and therapeutic oxygen. <HD SOURCE="HD1">Discussion</HD> There are no specific regulations that address the design and installation of required passenger or crew 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 14 CFR 25.1309, 25.1441(b) and (c), 25.1451, and 25.1453, in the Gulfstream GVII-G400 airplane's certification basis applicable to this project, provide some design standards appropriate for oxygen system installations. In addition, § 25.1445 includes standards for oxygen distribution systems when oxygen is supplied to crew and passengers. If a common source of supply is used, § 25.1445(a)(2) requires a means to separately reserve the minimum supply required by the flight crew. 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 § 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 design, the crew, passenger, and therapeutic oxygen systems use the same source of oxygen. These special conditions contain additional design requireme ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 13k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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