[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Proposed Rules]
[Pages 10857-10858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5811]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE173; Notice No. 23-01-05-SC]


Special Conditions: Eclipse Aviation Corporation, Model 500 
Airplane; Electronic Engine Control System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This notice proposes special conditions for Eclipse Aviation 
Corporation, 2503 Clark Carr Loop SE, Albuquerque, NM 87106 on the 
Eclipse Model 500 airplane. This airplane will have a novel or unusual 
design feature(s) associated with the use of an electronic engine 
control system instead of a traditional mechanical control 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.

DATES: Comments must be received on or before April 10, 2002.

ADDRESSES: Comments on this proposal may be mailed in duplicate to: 
Federal Aviation Administration, Regional Counsel, Attention: Rules 
Docket No. CE173, 901 Locust, Room 506, Kansas City, Missouri 64106; or 
delivered in duplicate to the Regional Counsel at the above address. 
Comments must be marked: Docket No. CE173. Comments may be inspected in 
the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. 
and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Mr. Ervin Dvorak, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust Street, Kansas City, Missouri, 816-
329-4123, fax 816-329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of 
these proposed special conditions by submitting such written data, 
views, or arguments as they may desire. Communications should identify 
the regulatory docket or notice number and be submitted in duplicate to 
the address specified above. All communications received on or before 
the closing date for comments will be considered by the Administrator. 
The proposals described in this notice may be changed in light of the 
comments received. All comments received will be available in the Rules 
Docket for examination by interested persons, both before and after the 
closing date for comments. A report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking will be filed in 
the docket. Persons wishing the FAA to acknowledge receipt of their 
comments submitted in response to this notice must include with those 
comments a self-addressed, stamped postcard on which the following 
statement is made: ``Comments to Docket No. CE173.'' The postcard will 
be date stamped and returned to the commenter.

Background

    On July 12, 2001, Eclipse Aviation Corporation applied for a type 
certificate for their Model 500 airplane.
    The Eclipse Model 500 airplane design includes digital electronic 
engine control systems, which were not envisaged and are not adequately 
addressed in 14 CFR part 23. The applicable existing regulations do not 
address electronic control systems since those were not envisioned at 
the time. Even though the engine control system will be certificated as 
part of the engine, the installation of an engine with an electronic 
control system requires evaluation due to the possible effects on or by 
other airplane systems (e.g., radio interference with other airplane 
electronic systems, shared engine and airplane power sources). The 
regulatory requirements were not applicable to sysems certificated as 
part of the engine (ref. Sec. 23.1309(f)(1)). Also, electronic control 
systems often require inputs from airplane data and power sources and 
outputs to other airplane systems. Although the parts of the system 
that are not certificated with the engine could be evaluated using the 
criteria of Sec. 23.1309, the integral nature of systems such as these 
makes it unfeasible to evaluate the airplane portion of the system 
without including the engine portion of the system. However, 
Sec. 23.1309(f)(1) again prevents complete evaluation of the installed 
airplane system since evaluation of the engine system's effects is not 
required.

Type Certification Basis

    Under the provisions of 14 CFR Sec. 21.17, Eclipse Aviation 
Corporation must show that the Eclipse Model 500 airplane meets the 
following:
    (1) Applicable provisions of 14 CFR part 23, effective December 18, 
1964, as amended by Amendments 23-1 through 23-54 (September 14, 2000).
    (2) Part 34 of the Federal Aviation Regulations effective September 
10, 1990, plus any amendments in effect on the date of type 
certification.
    (3) Part 36 of the Federal Aviation Regulations effective December 
1, 1969, as amended by Amendment 36-1 through the amendment in effect 
on the date of type certification.
    (4) Noise Control Act of 1972.
    (5) Special conditions that are not relevant to these proposed 
special conditions, if any;
    (6) Exemptions, if any;
    (7) Equivalent level of safety findings, if any; and
    (8) Special conditions adopted by this rulemaking action.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., part 23) do not contain adequate or appropriate 
safety standards for the Eclipse Model 500 airplane because of a novel 
or unusual design feature, special conditions are prescribed under the 
provisions of Sec. 21.16.
    Special conditions, as appropriate, as defined in Sec. 11.19, are 
issued in accordance with Sec. 11.38 after public notice and become 
part of the type certification basis in accordance with 
Sec. 21.17(a)(2).
    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, the special conditions would also apply to the 
other model under the provisions of Sec. 21.101.

Novel or Unusual Design Features

    The Eclipse Model 500 airplane will incorporate the following novel 
or unusual design features: Digital electronic engine control systems. 
This notice proposes a special condition for a digital electronic 
engine control system on the Eclipse Model 500 airplane.

Applicability

    As discussed above, these special conditions are applicable to the 
Eclipse Model 500 airplane. Should Eclipse Aviation Corporation apply 
at a later date for a change to the type certificate to include another 
model incorporating the same novel or unusual design feature, the 
special conditions would apply to that model as well under the 
provisions of Sec. 21.101.

Conclusion

    This action affects only certain novel or unusual design features 
on one model

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of airplanes. It is not a rule of general applicability, and it affects 
only the applicant who applied to the FAA for approval of these 
features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.17; and 14 CFR 11.38 and 11.19.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for the Eclipse Aviation Corporation Model 500, airplane.

1. Electronic Engine Control System

    The installation of the electronic engine control system must 
comply with the requirements of Sec. 23.1309(a) through (e) at 
Amendment 23-49. The intent of this requirement is not to re-evaluate 
the inherent hardware reliability of the control itself, but rather 
determine the effects, including environmental effects addressed in 
Sec. 23.1309(e), on the airplane systems and engine control system when 
installing the control on the airplane. When appropriate, engine 
certification data may be used when showing compliance with this 
requirement.

    Issued in Kansas City, Missouri on February 21, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-5811 Filed 3-8-02; 8:45 am]
BILLING CODE 4910-13-U