[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Rules and Regulations]
[Pages 45560-45562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17402]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE207, Special Condition 23-147-SC]


Special Conditions; The New Piper Aircraft, Inc.; PA-28-161, PA-
28-181, PA-28R-201, PA-32-301FT, PA-32-301XTC, PA-32R-301, and PA-32R-
301T; Protection of Systems for High Intensity Radiated Fields (HIRF)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued to The New Piper Aircraft, 
Vero Beach, Florida, for a type design change for the PA-28-161, PA-28-
181, PA-28R-201, PA-32-301FT, PA-32-301XTC, PA-32R-301, and PA-32R-301T 
model airplanes. These airplanes will have novel and unusual design 
features when compared to the state of technology envisaged in the 
applicable airworthiness standards. These novel and unusual design 
features include the installation of electronic flight instrument 
system (EFIS) displays Model 700-00006-XXX(), manufactured by Avidyne 
Corporation, Inc. for which the applicable regulations do not contain 
adequate or appropriate airworthiness standards for the protection of 
these systems from the effects of high intensity radiated fields 
(HIRF). These special conditions contain the additional safety 
standards that the Administrator considers necessary to establish a 
level of safety equivalent to the airworthiness standards applicable to 
these airplanes.

DATES: The effective date of these special conditions is July 16, 2004. 
Comments must be received on or before August 30, 2004.

ADDRESSES: Comments may be mailed in duplicate to: Federal Aviation 
Administration, Regional Counsel, ACE-7, Attention: Rules Docket Clerk, 
Docket No. CE207, Room 506, 901 Locust, Kansas City, Missouri 64106. 
All comments must be marked: Docket No. CE207. 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: Wes Ryan, Aerospace Engineer, 
Standards Office (ACE-110), Small Airplane Directorate, Aircraft 
Certification Service, Federal Aviation Administration, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone (816) 329-4127; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment hereon are impracticable because 
these procedures would significantly delay issuance of the approval 
design and thus delivery of the affected aircraft. In addition, the 
substance of these special conditions has been subject to the public 
comment process in several prior instances with no substantive comments 
received. The FAA, therefore, finds that good cause exists for making 
these special conditions effective upon issuance.

Comments Invited

    Interested persons are invited to submit 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 
special conditions 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. Commenters wishing the FAA to acknowledge receipt of their 
comments submitted in response to this notice must include a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. CE207.'' The postcard will

[[Page 45561]]

be date stamped and returned to the commenter.

Background

    The New Piper Aircraft, Inc., Vero Beach, Florida, applied for an 
amendment to Type Certificate No. A3SO and 2A13 to revise the type 
design of the PA-28-161, PA-28-181, PA-28R-201, PA-32-301FT, PA-32-
301XTC, PA-32R-301, and PA-32R-301T model airplanes. The models are 
currently approved under the type certification basis listed on Type 
Certificate Data Sheets (TCDS) A3SO and 2A13. The proposed modification 
incorporates a novel or unusual design feature, such as digital 
avionics consisting of an EFIS that is vulnerable to HIRF external to 
the airplane.

Type Certification Basis

    Under the provisions of 14 CFR, part 21, Sec.  21.101, The New 
Piper Aircraft, Inc.; must show that affected airplane models, as 
changed, continue to meet the applicable provisions of the regulations 
incorporated by reference and identified on the appropriate Type 
Certificate Data Sheet (A3SO and 2A13). In addition, the type 
certification basis of the airplanes embodying this modification will 
include the following additional certification basis for installation 
of the Avidyne Entegra EFIS and Mid-Continent 4300-411 Electric 
Attitude Indicator:
    14 CFR, part 23 regulations Sec. Sec.  23.301, 23.337, 23.341, 
23.561, 23.607, 23.611, as amended by Amdt. 23-48; Sec. Sec.  23.303, 
23.307, 23.601, 23.609, 23.1367, 23.1381 issued on 02/01/65; Sec. Sec.  
23.305, 23.613, 23.773, 23.1525, 23.1549 as amended by Amdt. 23-45; 
Sec. Sec.  23.603, 23.605 as amended by Amdt. 23-23; Sec. Sec.  23.777, 
23.1191, 23.1337 as amended by Amdt. 23-51; Sec. Sec.  23.1301, 
23.1327, 23.1335 as amended by Amdt. 23-20; Sec. Sec.  23.853, 23.867, 
23.1303, 23.1307, 23.1309, 23.1311, 23.1321, 23.1323, 23.1329, 23.1351, 
23.1353, 23.1359, 23.1361, 23.1365, 23.1431 as amended by Amdt. 23-49; 
Sec. Sec.  23.1305 as amended by Amdt. 23-52; Sec. Sec.  23.1322, 
23.1331, 23.1357 as amended by Amdt. 23-43; Sec. Sec.  23.1325, 
23.1543, 23.1545, 23.1555, 23.1563, 23.1581, 23.1583, 23.1585 as 
amended by Amdt. 23-50; Sec. Sec.  23. 771 as amended by Amdt. 23-14; 
Sec. Sec.  23.1501, 23.1541 as amended by Amdt. 23-21; Sec. Sec.  
23.1523 as amended by Amdt. 23-34; Sec. Sec.  23.1529 as amended by 
Amdt. 23-26; and the special conditions adopted by this rulemaking 
action.

Discussion

    If the Administrator finds that the applicable airworthiness 
standards do not contain adequate or appropriate safety standards 
because of novel or unusual design features of an airplane, 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.  21.101.
    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, the special conditions would also apply to the 
other model under the provisions of Sec.  21.101.

Novel or Unusual Design Features

    The New Piper Aircraft, Inc. will incorporate certain novel and 
unusual design features into an airplane for which the airworthiness 
standards do not contain adequate or appropriate safety standards for 
protection from the effects of HIRF. These features include EFIS, which 
are susceptible to the HIRF environment, that were not envisaged by the 
existing regulations for this type of airplane.

Protection of Systems From High Intensity Radiated Fields (HIRF)

    Recent advances in technology have given rise to the application in 
aircraft designs of advanced electrical and electronic systems that 
perform functions required for continued safe flight and landing. The 
use of sensitive solid-state advanced components in analog and digital 
electronics circuits makes these advanced systems readily responsive to 
the transient effects of induced electrical current and voltage caused 
by the HIRF. The HIRF can degrade electronic systems performance by 
damaging components or upsetting system functions.
    Furthermore, the HIRF environment has undergone a transformation 
that was not foreseen when the current requirements were developed. 
Higher energy levels are radiated from transmitters that are used for 
radar, radio, and television. Also, the number of transmitters has 
increased significantly. There is also uncertainty concerning the 
effectiveness of airframe shielding for HIRF. Furthermore, coupling to 
cockpit-installed equipment through the cockpit window apertures is 
undefined.
    The combined effect of the technological advances in airplane 
design and the changing environment has resulted in an increased level 
of vulnerability of electrical and electronic systems required for the 
continued safe flight and landing of the airplane. Effective measures 
against the effects of exposure to HIRF must be provided by the design 
and installation of these systems. The accepted maximum energy levels 
in which civilian airplane system installations must be capable of 
operating safely are based on surveys and analysis of existing radio 
frequency emitters. These special conditions require that the airplane 
be evaluated under these energy levels for the protection of the 
electronic system and its associated wiring harness. These external 
threat levels, which are lower than previous required values, are 
believed to represent the worst case to which an airplane would be 
exposed in the operating environment.
    These special conditions require qualification of systems that 
perform critical functions, as installed in aircraft, to the defined 
HIRF environment in paragraph 1 or, as an option to a fixed value using 
laboratory tests, in paragraph 2, as follows:
    (1) The applicant may demonstrate that the operation and 
operational capability of the installed electrical and electronic 
systems that perform critical functions are not adversely affected when 
the aircraft is exposed to the HIRF environment defined below:

------------------------------------------------------------------------
                                                        Field strength
                                                       (volts per meter)
                      Frequency                      -------------------
                                                        Peak     Average
------------------------------------------------------------------------
10 kHz-100 kHz......................................        50        50
100 kHz-500 kHz.....................................        50        50
500 kHz-2 MHz.......................................        50        50
2 MHz-30 MHz........................................       100       100
30 MHz-70 MHz.......................................        50        50
70 MHz-100 MHz......................................        50        50
100 MHz-200 MHz.....................................       100       100
200 MHz-400 MHz.....................................       100       100
400 MHz-700 MHz.....................................       700        50
700 MHz-1 GHz.......................................       700       100
1 GHz-2 GHz.........................................      2000       200
2 GHz-4 GHz.........................................      3000       200
4 GHz-6 GHz.........................................      3000       200
6 GHz-8 GHz.........................................      1000       200
8 GHz-12 GHz........................................      3000       300
12 GHz-18 GHz.......................................      2000       200
18 GHz-40 GHz.......................................       600      200
------------------------------------------------------------------------
The field strengths are expressed in terms of peak root-mean-square
  (rms) values.

or,
    (2) The applicant may demonstrate by a system test and analysis 
that the electrical and electronic systems that perform critical 
functions can withstand a minimum threat of 100 volts per meter, 
electrical field strength, from 10

[[Page 45562]]

kHz to 18 GHz. When using this test to show compliance with the HIRF 
requirements, no credit is given for signal attenuation due to 
installation.
    A preliminary hazard analysis must be performed by the applicant, 
for approval by the FAA, to identify either electrical or electronic 
systems that perform critical functions. The term ``critical'' means 
those functions whose failure would contribute to, or cause, a failure 
condition that would prevent the continued safe flight and landing of 
the airplane. The systems identified by the hazard analysis that 
perform critical functions are candidates for the application of HIRF 
requirements. A system may perform both critical and non-critical 
functions. Primary electronic flight display systems, and their 
associated components, perform critical functions such as attitude, 
altitude, and airspeed indication. The HIRF requirements apply only to 
critical functions.
    Compliance with HIRF requirements may be demonstrated by tests, 
analysis, models, similarity with existing systems, or any combination 
of these. Service experience alone is not acceptable since normal 
flight operations may not include an exposure to the HIRF environment. 
Reliance on a system with similar design features for redundancy as a 
means of protection against the effects of external HIRF is generally 
insufficient since all elements of a redundant system are likely to be 
exposed to the fields concurrently.

Applicability

    As discussed above, these special conditions are applicable to The 
New Piper PA-28-161, PA-28-181, PA-28R-201, PA-32-301FT, PA-32-301XTC, 
PA-32R-301, and PA-32R-301T model airplanes.

Conclusion

    This action affects only certain novel or unusual design features 
on the models listed. It is not a rule of general applicability and 
affects only the applicant who applied to the FAA for approval of these 
features on the airplane.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. For this reason, and because a 
delay would significantly affect the certification of the airplane, 
which is imminent, the FAA has determined that prior public notice and 
comment are unnecessary and impracticable, and good cause exists for 
adopting these special conditions upon issuance. The FAA is requesting 
comments to allow interested persons to submit views that may not have 
been submitted in response to the prior opportunities for comment 
described above.

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, 44701, 44702, and 44704; 14 
CFR 21.16 and 21.101; and 14 CFR 11.38 and 11.19.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for The New Piper Aircraft, Inc.; PA-28-
161, PA-28-181, PA-28R-201, PA-32-301FT, PA-32-301XTC, PA-32R-301, and 
PA-32R-301T model airplanes modified by installation of the factory 
optional Avidyne Entegra EFIS system.
    1. Protection of Electrical and Electronic Systems From High 
Intensity Radiated Fields (HIRF). Each system that performs critical 
functions must be designed and installed to ensure that the operations, 
and operational capabilities of these systems to perform critical 
functions, are not adversely affected when the airplane is exposed to 
high intensity radiated electromagnetic fields external to the 
airplane.
    2. For the purpose of these special conditions, the following 
definition applies: Critical Functions: Functions whose failure would 
contribute to, or cause, a failure condition that would prevent the 
continued safe flight and landing of the airplane.

    Issued in Kansas City, Missouri on July 16, 2004.
Scott L. Sedgwick,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-17402 Filed 7-29-04; 8:45 am]
BILLING CODE 4910-13-P