[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Rules and Regulations]
[Pages 17731-17733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08476]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2019-0304; Special Conditions No. 23-292-SC]


Special Conditions: Costruzioni Aeronautiche Tecnam S.P.A., Model 
P2012 Airplane; Electronic Engine Control System Installation

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 Costruzioni 
Aeronautiche Tecnam S.P.A., Model P2012 airplane. This airplane will 
have a novel or unusual design feature associated with installation of 
an engine that includes an electronic engine control system. 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

[[Page 17732]]

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 April 26, 
2019. We must receive your comments by May 28, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0304 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: 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.
     Hand Delivery or Courier: 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.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://regulations.gov, including any personal information 
the commenter provides. Using the search function of the docket 
website, anyone can find and read the electronic form of all comments 
received into any FAA docket, including the name of the individual 
sending the comment (or signing the comment for an association, 
business, labor union, etc.). DOT's complete Privacy Act Statement can 
be found in the Federal Register published on April 11, 2000 (65 FR 
19477-19478).
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the 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.

FOR FURTHER INFORMATION CONTACT: Jeff Pretz, Federal Aviation 
Administration, Aircraft Certification Service, Policy & Innovation 
Division, Small Airplane Standards Branch, AIR-691, 901 Locust, Room 
301, Kansas City, MO 64106; telephone (816) 329-3239; facsimile (816) 
329-4090.

SUPPLEMENTARY INFORMATION: 

Reason for No Prior Notice and Comment Before Adoption

    The FAA has determined, in accordance with 5 U.S. Code Sec. Sec.  
553(b)(3)(B) and 553(d)(3), that notice and opportunity for prior 
public comment hereon are unnecessary because substantially identical 
special conditions have been subject to the public comment process in 
several prior instances such that the FAA is satisfied that new 
comments are unlikely. For the same reason, the FAA finds that good 
cause exists for making these special conditions effective 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.

------------------------------------------------------------------------
         Special conditions No.               Company/airplane model
------------------------------------------------------------------------
23-253-SC \1\..........................  Diamond Aircraft Industries/
                                          Model DA-40NG.
23-267-SC \2\..........................  Cirrus Design Corporation/Model
                                          SF50.
23-282-SC \3\..........................  Pilatus Aircraft Ltd./Model PC-
                                          24.
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\1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/1A102658468C62D386257950004D7183?OpenDocument.
\2\ https://www.govinfo.gov/app/details/FR-2015-09-23/2015-24156/summary
\3\ https://www.govinfo.gov/app/details/FR-2017-07-17/2017-14936.

Comments Invited

    We invite 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.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.

Background

    On February 28, 2018, Costruzioni Aeronautiche Tecnam S.P.A. 
(Tecnam) applied for FAA validation of its type certificate for its new 
Model P2012 airplane. The Model P2012 is a normal category, metallic, 
non-pressurized, high wing, monoplane that will seat nine passengers 
and two flightcrew. Two wing mounted Lycoming piston engines driving 
four bladed variable pitch constant speed MT-Propeller Entwicklung GmbH 
Model MTV-14-B-C-F/CF195-30b propellers power the airplane. The 
airplane has fixed tricycle landing gear, a Garmin G1000 NXi avionics 
suite, and a maximum takeoff weight of 7,937 pounds.
    The Model P2012 is equipped with two Lycoming Model TEO-540-C1A 
engines, each using an electronic engine control (EEC) system, commonly 
referred to as a full authority digital engine control (FADEC), instead 
of a traditional mechanical control system. Although the EEC is 
certificated with the engine, the installation of an EEC requires 
evaluation due to critical environmental effects and possible effects 
on or by other airplane systems such as; indirect effects of lightning, 
radio interference with other airplane electronic systems, and shared 
engine, airplane data, and power sources.
    The regulatory requirements in Title 14, Code of Federal 
Regulations (CFR) part 23 for evaluating the installation of complex 
systems, including electronic systems and critical environmental 
effects, are contained in Sec. Sec.  23.1306, 23.1308, and 23.1309. 
However, when Sec.  23.1309 was published, the use of EECs for engines 
was not envisioned. The integral nature of these systems makes it 
necessary to ensure proper evaluation of the airplane functions, which 
may be included in the EEC, and that the installation does not degrade 
the EEC reliability approved under part 33 during engine type 
certification. Sections 23.1306(a) and 23.1308(a) apply to the EEC to 
ensure it remains equivalent to a mechanical only system, which is not 
generally susceptible to the High Intensity Radiated Fields (HIRF) and 
lightning environments.
    In some cases, the airplane in which the engine is installed 
determines a higher classification than the engine controls are 
certificated for, requiring the EEC systems be analyzed at a higher 
classification. As of November 2005, EEC special conditions mandated 
the Sec.  23.1309 classification for loss of EEC control as 
catastrophic for any airplane. This is not to imply an engine failure 
is classified as catastrophic, but that the EEC must provide an 
equivalent reliability to mechanical engine controls. In addition, 
Sec. Sec.  23.1141(e) and 25.901(b)(2) provide the fault tolerant 
design requirements of turbine engine mechanical controls to the EEC 
and ensure adequate inspection and maintenance interval for the EEC.
    Part 23 did not envision the use of full authority EECs and lacks 
the specific regulatory requirements necessary to provide an adequate 
level of safety. Therefore, special conditions are necessary.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Tecnam must show that the 
Model

[[Page 17733]]

P2012 airplane meets the applicable provisions of part 23, as amended 
by amendment 23-1 through 23-62 thereto.
    If the Administrator finds that the applicable airworthiness 
regulations in part 23 do not contain adequate or appropriate safety 
standards for the Model P2012 airplane 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 Model P2012 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; and the FAA must issue a finding of 
regulatory adequacy under Sec.  611 of Public Law 92-574, the ``Noise 
Control Act of 1972.''
    The FAA issues special conditions, as defined in Sec.  11.19, under 
Sec.  11.38 and they become part of the type certification basis under 
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 FAA would apply these special conditions to 
the other model.

Novel or Unusual Design Features

    The Model P2012 airplane will incorporate the following novel or 
unusual design features: The installation of an Electronic Engine 
Control (EEC) system. The EEC system is the generic family of 
electrical/electronic engine control systems, including full authority 
digital engine controls, supervisory controls, and derivatives of 
these.

Discussion

    This airplane makes use of an electronic engine control system in 
addition to a traditional mechanical control system, which is a novel 
design for this type of airplane. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
this design feature. Mandating a structured assessment to determine 
potential installation issues mitigate the concerns that the addition 
of an electronic engine control does not produce a failure condition 
not previously considered.

Applicability

    These special conditions are applicable to the Model P2012 
airplane. Should Tecnam 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 FAA would apply these special conditions to 
that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature 
on the Model P2012 airplane. It is not a rule of general applicability.

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(f), 106(g), 40113, 44701-44702; Pub. L. 
113-53, 127 Stat 584 (49 U.S.C. 44704) note.

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 Tecnam Model P2012 airplane.

1. Installation of Electronic Engine Control System

    a. For electronic engine control (EEC) system installations, it 
must be established that no single failure or malfunction or probable 
combinations of failures of EEC system components will have an effect 
on the system, as installed in the airplane, that causes the Loss of 
Power Control (LOPC) probability of the system to exceed those allowed 
in part 33 certification.
    b. Electronic engine control system installations must be evaluated 
for environmental and atmospheric conditions, including lightning and 
High Intensity Radiated Fields (HIRF). The EEC system lightning and 
HIRF effects that result in LOPC should be considered catastrophic.
    c. The components of the installation must be constructed, 
arranged, and installed to ensure their continued safe operation 
between normal inspections or overhauls.
    d. Functions incorporated into any electronic engine control that 
make it part of any equipment, systems or installation whose functions 
are beyond that of basic engine control, and which may also introduce 
system failures and malfunctions, are not exempt from Sec.  23.1309 and 
must be shown to meet part 23 levels of safety as derived from Sec.  
23.1309. Part 33 certification data, if applicable, may be used to show 
compliance with any part 23 requirements. If part 33 data is used to 
substantiate compliance with part 23 requirements, then the part 23 
applicant must be able to provide this data for its showing of 
compliance.

    Note:  The term ``probable'' in the context of ``probable 
combination of failures'' does not have the same meaning as used for 
a safety assessment process. The term ``probable'' in ``probable 
combination of failures'' means ``foreseeable,'' or those failure 
conditions anticipated to occur one or more times during the 
operational life of each airplane.


    Issued in Kansas City, Missouri, on April 22, 2019.
William Schinstock,
Acting Manager, Small Airplane Standards Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2019-08476 Filed 4-25-19; 8:45 am]
BILLING CODE 4910-13-P