[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49648-49650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20325]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2019-0745; Special Conditions No. 23-297-SC]


Special Conditions: Diamond Aircraft Industries of Canada Model 
DA-62 Airplanes; 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 Diamond Aircraft 
Industries of Canada (DAI Canada) Model DA-62 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 
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 September 23, 
2019. The FAA must receive your comments by October 23, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0745 
using any of the following methods:
    [ssquf] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
    [ssquf] 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.
    [ssquf] Hand Delivery of Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building,

[[Page 49649]]

Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 
a.m., and 5 p.m., Monday through Friday, except Federal holidays.
    [ssquf] 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, AIR-691, Small Airplane 
Standards Branch, Policy & Innovation Division, Aircraft Certification 
Service, Federal Aviation Administration, 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 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
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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.
23-292-SC \4\.......................  Costruzioni Aeronautiche Tecnam
                                       S.P.A./Model P2012.
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Comments Invited
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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.
    \4\ https://www.federalregister.gov/documents/2019/04/26/2019-08476/special-conditions-costruzioni-aeronautiche-tecnam-spa-model-p2012-airplane-electronic-engine.
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    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 on or before the 
closing date for comments. The FAA will consider comments filed late if 
it is possible to do so without incurring expense or delay. The FAA may 
change these special conditions based on the comments received.

Background

    On November 16, 2018, DAI Canada applied for FAA validation for a 
type certificate for its new Model DA-62, which includes installation 
of an electronic engine control (EEC) system--commonly referred to as a 
full authority digital engine control (FADEC). The Model DA-62 is a 
normal category, composite, cantilevered low-wing monoplane that seats 
six passengers and one pilot. Two Austro Engine GmbH Model E4P diesel 
engines each drive an MT 3 bladed propeller. The airplane has 
retractable tricycle landing gear, a Garmin G1000NXi avionics suite, 
and a maximum takeoff weight of 4,407 pounds.
    The FAA type certificated Austro Engine GmbH Model E4P aircraft 
diesel engines (TC No. E00081EN) installed on the Model DA-62 use an 
EEC system 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.
    Sections 23.1306, 23.1308, and 23.1309 contain requirements for 
evaluating the installation of complex systems, including electronic 
systems and critical environmental effects. However, the use of EECs 
for engines was not envisioned when Sec.  23.1309 was published. 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. Since November 2005, EEC special conditions have 
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 intervals 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, DAI Canada must show that the 
Model DA-62 meets the applicable provisions of 14 CFR part 23, as 
amended by amendments 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 DA-62 airplane because of a novel or unusual 
design feature, special conditions are prescribed under the provisions 
of Sec.  21.16.
    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).

[[Page 49650]]

    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 FAA would apply these special conditions to 
the other model.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model DA-62 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 section 611 of Public Law 92-574, the ``Noise 
Control Act of 1972.''

Novel or Unusual Design Features

    The Model DA-62 airplane will incorporate the following novel or 
unusual design features: The installation of an EEC system, which is 
the generic family of electrical/electronic engine control systems to 
include full authority digital engine controls, supervisory controls, 
and derivatives of these controls.

Discussion

    This airplane makes use of an electronic engine control system 
instead of 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 concerns that the addition of an 
electronic engine control does not produce a failure condition not 
previously considered.

Applicability

    As discussed above, these special conditions are applicable to the 
Model DA-62 airplane. Should DAI Canada 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 DA-62 airplane. 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.

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

    [squf] 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 DAI Canada Model DA-62 airplanes.

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 September 11, 2019.
James Foltz,
Acting Manager, Small Airplane Standards Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2019-20325 Filed 9-20-19; 8:45 am]
BILLING CODE 4910-13-P