[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Rules and Regulations]
[Pages 37016-37020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12720]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE227; Special Condition No. 23-169-SC]


Special Conditions: Diamond Aircraft Industries, DA-42; Diesel 
Cycle Engine Using Turbine (Jet) Fuel

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Diamond Aircraft 
Industries (DAI) DA-42 airplane. This airplane will have a novel or 
unusual design feature(s) associated with the installation of a diesel 
cycle engine utilizing turbine (jet) fuel. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
installation of this new technology engine. 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.

DATES: The effective date of these special conditions is June 22, 2005.

[[Page 37017]]

Comments must be received on or before July 28, 2005.

ADDRESSES: Comments on these special conditions may be mailed in 
duplicate to: Federal Aviation Administration, Regional Counsel, ACE-7, 
Attention: Rules Docket, Docket No. CE227, 901 Locust, Room 506, Kansas 
City, Missouri 64106, or delivered in duplicate to the Regional Counsel 
at the above address. Comments must be marked: CE227. 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: Peter L. Rouse, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Kansas City, Missouri, 816-329-4135, 
fax 816-329-4090.

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. 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 special condition 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. 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 CE227.'' The postcard will be date 
stamped and returned to the commenter.

Background

    Under the Bilateral Airworthiness Agreement (BAA) between the USA 
and the Austrian Exporting Civil Aviation Authority (ECAA), the Austro 
Control GmbH (ACG), the DAI applied for U.S. Type Certification of 
Diamond Aircraft Industries (DAI) Model DA-42 on August 2, 2004, 
through the European Aviation Safety Agency (EASA). The DAI DA-42 
aircraft is a new fully composite, four place, twin-engine airplane 
with retractable gear, cantilever low wing and T-tail. EASA certified 
the airplane on type certificate number A005, dated May 13, 2004. The 
airplane is powered by two Thielert Aircraft Engines GmbH (Thielert) 
TAE 125-01 aircraft diesel engines (ADE), type certificated in the 
United States, type certificate number E00069EN.
    Expecting the reintroduction of diesel engine technology into the 
small airplane fleet, the FAA issued Policy Statement PS-ACE100-2002-
004 on May 15, 2004, which identified areas of technological concern 
involving introduction of new technology diesel engines into small 
airplanes. For a more detailed summary of the FAA's development of 
diesel engine requirements, refer to this policy.
    The general areas of concern involved the power characteristics of 
the diesel engines, the use of turbine fuel in an airplane class that 
has typically been powered by gasoline fueled engines, the vibration 
characteristics and failure modes of diesel engines. These concerns 
were identified after a review of the record of diesel engine use in 
aircraft and a review of the 14 CFR part 23 regulations, which 
identified specific regulatory areas that needed to be evaluated for 
applicability to diesel engine installations. These concerns are not 
considered universally applicable to all types of possible diesel 
engines and diesel engine installations. However, after review of the 
DAI installation, the Thielert engine type, and the requirements 
applied by the ACG, and after applying the provisions of the diesel 
policy, the FAA proposes these fuel system and engine related special 
conditions. Other special conditions issued in a separate notice 
include special conditions for HIRF and application of Sec.  23.1309 
provisions to the Full Authority Digital Engine Control (FADEC).

Discussion

    Several major concerns were identified in developing FAA policy. 
These include installing the diesel engine and noting its vibration 
levels under both normal operating conditions and when one cylinder is 
inoperative. The concerns also include accommodating turbine fuels in 
airplane systems that have generally evolved based on gasoline 
requirements, anticipated use of a FADEC to control the engine, and 
appropriate limitations and indications for a diesel engine powered 
airplane. The general concerns associated with the aircraft diesel 
engine installation are as follows: Installation and Vibration 
Requirements, Fuel and Fuel System Related Requirements, FADEC and 
Electrical System Requirements, Limitations and Indications.
    Installation and Vibration Requirements: These special conditions 
include requirements similar to the requirements of Sec.  23.901(d)(1) 
for turbine engines. In addition to the requirements of Sec.  23.901 
applied to reciprocating engines, the applicant will be required to 
construct and arrange each diesel engine installation to result in 
vibration characteristics that do not exceed those established during 
the type certification of the engine. These vibration levels must not 
exceed vibration characteristics that a previously certificated 
airframe structure has been approved for, unless such vibration 
characteristics are shown to have no effect on safety or continued 
airworthiness. The engine limit torque design requirements as specified 
in Sec.  23.361 are also modified.
    An additional requirement to consider vibration levels and/or 
effects of an inoperative cylinder was imposed. Also, a requirement to 
evaluate the engine design for the possibility of, or effect of, 
liberating high-energy engine fragments, in the event of a catastrophic 
engine failure, requirements was added.
    Fuel and Fuel System Related Requirements: Due to the use of 
turbine fuel, this airplane must comply with the requirements in Sec.  
23.951(c).
    Section 23.961 will be complied with using the turbine fuel 
requirements. These requirements will substantiated by flight-testing 
as described in Advisory Circular AC 23-8B, Flight Test Guide for 
Certification of Part 23 Airplanes.
    This special condition specifically requires testing to show 
compliance to Sec.  23.961 and adds the possibility of testing non-
aviation diesel fuels.
    To ensure fuel system compatibility and reduce the possibility of 
misfueling, and discounting the first clause of Sec.  23.973(f) 
referring to turbine engines, the applicant will comply with Sec.  
23.973(f).
    Due to the use of turbine fuel, the applicant will comply with 
Sec.  23.977(a)(2), and Sec.  23.977(a)(1) will not apply. ``Turbine 
engines'' will be interpreted to mean ``aircraft diesel engine'' for 
this requirement. An additional requirement to consider the possibility 
of fuel freezing was imposed.

[[Page 37018]]

    Due to the use of turbine fuel, the applicant will comply with 
Sec.  23.1305(c)(8).
    Due to the use of turbine fuel, the applicant must comply with 
Sec.  23.1557(c)(1)(ii). Section 23.1557(c)(1)(ii) will not apply. 
``Turbine engine'' is interpreted to mean ``aircraft diesel engine'' 
for this requirement.
    FADEC and Electrical System Requirements: The electrical system 
must comply with the following:
     In case of failure of one power supply of the electrical 
system, there will be no significant engine power change. The 
electrical power supply to the FADEC must remain stable in such a 
failure.
     The transition from the actual engine electrical network 
(FADEC) to the remaining electrical system with the consumer's, 
avionics, communication, etc., should be made by a single point only. 
If several transitions (e.g., for redundancy reasons) are needed, then 
the number of the transitions must be kept as small as possible.
     There must be the ability to separate the FADEC power 
supply (alternator) from the battery and from the remaining electrical 
system.
     In case of loss of alternator power, the installation must 
guarantee that the battery will provide the power for an appropriate 
time after appropriate warning to the pilot.
     FADEC, alternator, and battery must be interconnected in 
an appropriate way so, in case of loss of battery power, the supply of 
the FADEC is guaranteed by the alternator.
    Limitations and Indications
    Section 23.1305(a) and Sec.  23.1305(b)(2) will apply, except that 
propeller revolutions per minute (RPM) will be displayed. Sections 
23.1305(b)(4), 23.1305(b)(5), and 23.1305(b)(7) are deleted.
    Additional critical engine parameters for this installation that 
will be displayed include:
    (1) Power setting, in percentage, and
    (2) Fuel temperature.
    Due to the use of turbine fuel, the requirements for Sec.  
23.1521(d), as applicable to fuel designation for turbine engines, will 
apply.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Diamond Aircraft Industries 
must show that the DA-42 meets the applicable provisions of part 23, as 
amended by Amendments 23-1 through 23-51 thereto. In addition, the 
certification basis includes special conditions and equivalent levels 
of safety for the following:
    Special Conditions:
     Engine torque (Provisions similar to Sec.  23.361, 
paragraphs (b)(1) and (c)(3))
     Powerplant--Installation (Provisions similar to Sec.  
23.901(d)(1) for turbine engines)
     Powerplant--Fuel System--Fuel system with water saturated 
fuel (Compliance with Sec.  23.951 requirements)
     Powerplant--Fuel System--Fuel system hot weather operation 
(Compliance with Sec.  23.961 requirements)
     Powerplant--Fuel system--Fuel tank filler connection 
(Compliance with Sec.  23.973(f) requirements)
     Powerplant--Fuel system--Fuel tank outlet (Compliance with 
Sec.  23.977 requirements)
     Powerplant--Powerplant Controls and Accessories--Engine 
ignition systems (Compliance with Sec.  23.1165 requirements)
     Equipment--General--Powerplant Instruments (Compliance 
with Sec.  23.1305 requirements)
     Operating Limitations and Information--Powerplant 
limitations--Fuel grade or designation (Compliance with Sec.  
23.1521(d) requirements)
     Markings And Placards--Miscellaneous markings and 
placards--Fuel, oil, and coolant filler openings (Compliance with Sec.  
23.1557(c)(1) requirements)
     Powerplant--Fuel system--Fuel-Freezing
     Powerplant Installation--Vibration levels
     Powerplant Installation--One cylinder inoperative
     Powerplant Installation--High Energy Engine Fragments
    Equivalent levels of safety for:
     Cockpit controls--23.777(d)
     Motion and effect of cockpit controls--23.779(b)
     Liquid Cooling--Installation--23.1061
     Ignition switches--23.1145
    The type certification basis includes exemptions, if any; 
equivalent level of safety findings, if any; and the 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 Diamond Aircraft Industries DA-42 because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Diamond Aircraft Industries DA-42 must comply with the 
part 23 noise certification requirements of 14 CFR part 36.
    Special conditions, as appropriate, as defined in Sec.  11.19, are 
issued in accordance with Sec.  11.38, and become part of the type 
certification basis in accordance with Sec.  21.17.
    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, 
the special conditions would also apply to the other model under the 
provisions of Sec.  21.101.

Novel or Unusual Design Features

    The Diamond Aircraft Industries DA-42 will incorporate the 
following novel or unusual design feature:
    The Diamond Aircraft Industries DA-42 will incorporate an aircraft 
diesel engine using turbine (jet) fuel.

Applicability

    As discussed above, these special conditions are applicable to the 
Diamond Aircraft Industries DA-42. Should Diamond Aircraft Industries 
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 condition 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 series of airplane. 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.
    The substance of these special conditions has been subjected to the 
notice and comment period in a prior instance 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 opportunity for comment described 
above.

[[Page 37019]]

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 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 Diamond Aircraft Industries DA-42 
airplane.
    1. Engine torque (Provisions similar to Sec.  23.361, paragraphs 
(b)(1) and (c)(3)):
    a. For diesel engine installations, the engine mounts and 
supporting structure must be designed to withstand the following:
    (1) A limit engine torque load imposed by sudden engine stoppage 
due to malfunction or structural failure.
    (a) The effects of sudden engine stoppage may alternatively be 
mitigated to an acceptable level by utilization of isolators, dampers 
clutches, and similar provisions, so unacceptable load levels are not 
imposed on the previously certificated structure.
    b. The limit engine torque to be considered under Sec.  23.361(a) 
must be obtained by multiplying the mean torque by a factor of four for 
diesel cycle engines.
    (1) If a factor of less than four is used, it must be shown that 
the limit torque imposed on the engine mount is consistent with the 
provisions of Sec.  23.361(c). In other words, it must be shown that 
the use of the factors listed in Sec.  23.361(c)(3) will result in 
limit torques on the mount that are equivalent to or less than those 
imposed by a conventional gasoline reciprocating engine.
    2. Powerplant--Installation (Provisions similar to Sec.  
23.901(d)(1) for turbine engines):
    Considering the vibration characteristics of diesel engines, the 
applicant must comply with the following:
    a. Each diesel engine installation must be constructed and arranged 
to result in vibration characteristics that--
    (1) Do not exceed those established during the type certification 
of the engine; and
    (2) Do not exceed vibration characteristics that a previously 
certificated airframe structure has been approved for --
    (i) Unless such vibration characteristics are shown to have no 
effect on safety or continued airworthiness, or
    (ii) Unless mitigated to an acceptable level by utilization of 
isolators, dampers clutches, and similar provisions, so that 
unacceptable vibration levels are not imposed on the previously 
certificated structure.
    3. Powerplant--Fuel System--Fuel system with water saturated fuel 
(Compliance with Sec.  23.951 requirements):
    Considering the fuel types used by diesel engines, the applicant 
must comply with the following:
    a. Each fuel system for a diesel engine must be capable of 
sustained operation throughout its flow and pressure range with fuel 
initially saturated with water at 80[deg] F and having 0.75cc of free 
water per gallon added and cooled to the most critical condition for 
icing likely to be encountered in operation.
    b. Methods of compliance that are acceptable for turbine engine 
fuel systems requirements of Sec.  23.951(c) are also considered 
acceptable for this requirement.
    4. Powerplant--Fuel System--Fuel system hot weather operation 
(Compliance with Sec.  23.961 requirements):
    In place of compliance with Sec.  23.961, the applicant must comply 
with the following:
    a. Each fuel system must be free from vapor lock when using fuel at 
its critical temperature, with respect to vapor formation, when 
operating the airplane in all critical operating and environmental 
conditions for which approval is requested. For turbine fuel, or for 
aircraft equipped with diesel cycle engines that use turbine or diesel 
type fuels, the initial temperature must be 110 [deg]F, -0[deg], 
+5[deg] or the maximum outside air temperature for which approval is 
requested, whichever is more critical.
    b. The fuel system must be in an operational configuration that 
will yield the most adverse, that is, conservative results.
    c. To comply with this requirement, the applicant must use the 
turbine fuel requirements and must substantiate these by flight-
testing, as described in Advisory Circular AC 23-8B, Flight Test Guide 
for Certification of Part 23 Airplanes.
    5. Powerplant--Fuel system--Fuel tank filler connection (Compliance 
with Sec.  23.973(f) requirements):
    In place of compliance with Sec.  23.973(e) and (f), the applicant 
must comply with the following:
    For airplanes that operate on turbine or diesel type fuels, the 
inside diameter of the fuel filler opening must be no smaller than 2.95 
inches.
    6. Powerplant--Fuel system--Fuel tank outlet (Compliance with Sec.  
23.977 requirements):
    In place of compliance with Sec.  23.977(a)(1) and (a)(2), the 
applicant will comply with the following:
    There must be a fuel strainer for the fuel tank outlet or for the 
booster pump. This strainer must, for diesel engine powered airplanes, 
prevent the passage of any object that could restrict fuel flow or 
damage any fuel system component.
    7. Powerplant--Powerplant Controls and Accessories--Engine ignition 
systems (Compliance with Sec.  23.1165 requirements):
    Considering that the FADEC provides the same function as an 
ignition system for this diesel engine, in place of compliance to Sec.  
23.1165, the applicant will comply with the following:
    a. The electrical system must comply with the following 
requirements:
    (1) In case of failure of one power supply of the electrical 
system, there will be no significant engine power change. The 
electrical power supply to the FADEC must remain stable in such a 
failure.
    (2) The transition from the actual engine electrical network (FADEC 
network) to the remaining electrical system should be made at a single 
point only. If several transitions (for example, redundancy reasons) 
are needed, then the number of the transitions must be kept as small as 
possible.
    (3) There must be the ability to separate the FADEC power supply 
(alternator) from the battery and from the remaining electrical system.
    (4) In case of loss of alternator power, the installation must 
guarantee the battery will provide the power for an appropriate time 
after appropriate warning to the pilot. This period must be at least 30 
minutes required, 60 minutes desired.
    (5) FADEC, alternator, and battery must be interconnected in an 
appropriate way so, in case of loss of battery power, the supply of the 
FADEC is guaranteed by the alternator.
    8. Equipment--General--Powerplant Instruments (Compliance with 
Sec.  23.1305 and 91.205 requirements):
    a. In place of compliance with Sec.  23.1305, the applicant will 
comply with the following:
    (1) The following are required powerplant instruments:
    (a) A fuel quantity indicator for each fuel tank, installed in 
accordance with Sec.  23.1337(b).
    (b) An oil pressure indicator.
    (c) An oil temperature indicator.
    (d) A tachometer indicating propeller speed.

[[Page 37020]]

    (e) A coolant temperature indicator.
    (f) An indicating means for the fuel strainer or filter required by 
Sec.  23.997 to indicate the occurrence of contamination of the 
strainer or filter before it reaches the capacity established in 
accordance with Sec.  23.997(d).
    1. No indicator is required if the engine can operate normally for 
a specified period with the fuel strainer exposed to the maximum fuel 
contamination as specified in MIL-5007D and provisions for replacing 
the fuel filter at this specified period (or a shorter period) are 
included in the maintenance schedule for the engine installation.
    (g) Power setting, in percentage.
    (h) Fuel temperature.
    (i) Fuel flow (engine fuel consumption).
    b. In place of compliance with Sec.  91.205, the following will be 
complied with: The diesel engine has no manifold pressure gauge as 
required by Sec.  91.205, in its place, the engine instrumentation as 
installed is to be approved as equivalent. TCDS is to be modified to 
show power indication will be accepted to be equivalent to the manifold 
pressure indication.
    9. Operating Limitations and Information--Powerplant limitations--
Fuel grade or designation (Compliance with Sec.  23.1521(d) 
requirements):
    Instead of compliance with Sec.  23.1521(d), the applicant must 
comply with the following:
    The minimum fuel designation (for diesel engines) must be 
established so it is not less than that required for the operation of 
the engines within the limitations in paragraphs (b) and (c) of Sec.  
23.1521.
    10. Markings And Placards--Miscellaneous markings and placards--
Fuel, oil, and coolant filler openings (Compliance with Sec.  
23.1557(c)(1) requirements):
    Instead of compliance with Sec.  23.1557(c)(1), the applicant must 
comply with the following:
    a. Fuel filler openings must be marked at or near the filler cover 
with--
    (1) For diesel engine-powered airplanes--
    (a) The words ``Jet Fuel''; and
    (b) The permissible fuel designations, or references to the 
Airplane Flight Manual (AFM) for permissible fuel designations.
    (c) A warning placard or note that states the following or similar:
    ``Warning--this airplane equipped with an aircraft diesel engine, 
service with approved fuels only.''
    The colors of this warning placard should be black and white.
    11. Powerplant--Fuel system--Fuel-Freezing:
    If the fuel in the tanks cannot be shown to flow suitably under all 
possible temperature conditions, then fuel temperature limitations are 
required. These will be considered as part of the essential operating 
parameters for the aircraft and must be limitations.
    a. The takeoff temperature limitation must be determined by testing 
or analysis to define the minimum cold-soaked temperature of the fuel 
that the airplane can operate on.
    b. The minimum operating temperature limitation must be determined 
by testing to define the minimum operating temperature acceptable after 
takeoff (with minimum takeoff temperature established in (1) above).
    12. Powerplant Installation--Vibration levels:
    a. Vibration levels throughout the engine operating range must be 
evaluated and:
    (1) Vibration levels imposed on the airframe must be less than or 
equivalent to those of the gasoline engine; or
    (2) Any vibration level that is higher than that imposed on the 
airframe by the replaced gasoline engine must be considered in the 
modification and the effects on the technical areas covered by the 
following paragraphs must be investigated: 14 CFR part 23, 23.251; 
23.613; 23.627; 23.629 (or CAR 3.159, as applicable to various models); 
23.572; 23.573; 23.574 and 23.901.
    b. Vibration levels imposed on the airframe can be mitigated to an 
acceptable level by use of isolators, dampers clutches, and similar 
provisions, so unacceptable vibration levels are not imposed on the 
previously certificated structure.
    13. Powerplant Installation--One cylinder inoperative:
    It must be shown by test or analysis, or by a combination of 
methods, that the airframe can withstand the shaking or vibratory 
forces imposed by the engine if a cylinder becomes inoperative. Diesel 
engines of conventional design typically have extremely high levels of 
vibration when a cylinder becomes inoperative. Data must be provided to 
the airframe installer/modifier so either appropriate design 
considerations or operating procedures, or both, can be developed to 
prevent airframe and propeller damage.
    14. Powerplant Installation--High Energy Engine Fragments:
    It may be possible for diesel engine cylinders (or portions 
thereof) to fail and physically separate from the engine at high 
velocity (due to the high internal pressures). This failure mode will 
be considered possible in engine designs with removable cylinders or 
other non-integral block designs. The following is required:
    a. It must be shown that the engine construction type (massive or 
integral block with non-removable cylinders) is inherently resistant to 
liberating high energy fragments in the event of a catastrophic engine 
failure; or,
    b. It must be shown by the design of the engine, that engine 
cylinders, other engine components or portions thereof (fragments) 
cannot be shed or blown off the engine in the event of a catastrophic 
engine failure; or
    c. It must be shown that all possible liberated engine parts or 
components do not have adequate energy to penetrate engine cowlings; or
    d. Assuming infinite fragment energy, and analyzing the trajectory 
of the probable fragments and components, any hazard due to liberated 
engine parts or components will be minimized and the possibility of 
crew injury is eliminated. Minimization must be considered during 
initial design and not presented as an analysis after design 
completion.

    Issued in Kansas City, Missouri on June 22, 2005.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12720 Filed 6-27-05; 8:45 am]
BILLING CODE 4910-13-P