[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Rules and Regulations]
[Pages 54476-54480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22118]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2019-0805; Special Condition No. 23-298-SC]


Special Conditions: Diamond Aircraft Industries of Canada Model 
DA-62 Airplanes; Diesel Cycle Engine 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 DA-62 airplane. This airplane will have novel or 
unusual design features associated with the installation of a diesel 
cycle engine utilizing turbine fuel. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
this design feature. These special conditions contain the additional 
safety standards the Administrator considers necessary to establish a 
level of safety equivalent to that established by the existing 
airworthiness standards.

DATES: These special conditions are effective October 10, 2019.
    The FAA must receive your comments by November 12, 2019.

[[Page 54477]]


ADDRESSES: Send comments identified by docket number FAA-2019-0805 
using any of the following methods:
    [square] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
    [square] 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.
    [square] Hand Delivery of 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.
    [square] 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), as well as at http://DocketsInfo.dot.gov.
    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 condition No. \2\              Company/airplane model
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23-169-SC....................  Diamond Aircraft Industries GmbH/DA 42,
                                DA 42 NG, DA 42 M-NG, and DA62.
23-185-SC....................  Piper/PA28-236.
23-188-SC....................  Piper/PA28-161.
23-259-SC....................  Cessna Aircraft Company/J183T.
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Comments Invited

    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.
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    \2\ See http://rgl.faa.gov/ to review the listed special 
conditions.
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    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, Diamond Aircraft Industries of Canada (DAI-
Canada) applied for FAA validation for a new type certificate for its 
Model DA-62 airplane. The Model DA-62 is a normal category, composite, 
6 place (excluding pilots seats), twin-engine airplane with retractable 
gear, cantilevered low-wing and T-tail monoplane, and a maximum takeoff 
weight of 4,407 pounds. The airplane is powered by two Austro Engine 
GmbH E4P aircraft diesel engines (E4P), which are type certificated in 
the United States (TC No. E00081EN).
    The DAI-Canada Model DA-62 is the same design as the Diamond 
Aircraft Industries GmbH Model DA62, a normal category airplane type 
certificated under the airworthiness standards listed in Type 
Certificate Data Sheet (TCDS) No. A57CE. The FAA issued special 
conditions to the Diamond Aircraft Industries GmbH Model DA-42 (Special 
Condition No. 23-169-SC) under TCDS No. A57CE \3\ and later applied 
them to the Model DA-62, a derivative model that was added to the TCDS 
later. DAI-Canada plans to produce the Model DA-62 under a new type 
certificate (TC A00012NY); therefore, the FAA is issuing the same 
special conditions for the DAI-Canada Model DA-62.
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    \3\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgMakeModel.nsf/0/A4F565159645862583EE00756A7D?OpenDocument.
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    Expecting the reintroduction of diesel engine technology into the 
small airplane fleet, the FAA issued Policy Statement PS-ACE100-2002-
004, Final Policy Statement; Diesel Engine Installation, on May 15, 
2004,\4\ which identified areas of technological concern introduction 
of new technology diesel engines into small airplanes.
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    \4\ See http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgPolicy.nsf/0/CD377FA81E29D93A86256D440059EC2F?OpenDocument.
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    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, and the 
vibration characteristics and failure modes of diesel engines. These 
concerns were identified after a review of the record of diesel engine 
use in airplanes and a review of the part 23 regulations, which 
identified specific regulatory areas that needed to be evaluated for 
applicability to aircraft diesel engine installations. These concerns 
are not considered universally applicable to all types of aircraft 
diesel engines and diesel engine installations. However, after review 
of the DAI Canada installation, the E4P engine type and the E4P 
requirements, and after applying the guidance in PS-ACE100-2002-004, 
the FAA has determined the fuel system and engine related special 
conditions previously issued in Special Condition No. 23-169-SC on 
Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, DA 42 M-NG, 
and DA62

[[Page 54478]]

airplanes are necessary for the DAI-Canada Model DA-62 airplane.

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).
    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 will incorporate the following novel or unusual 
design feature: Installation of aircraft diesel engines that use 
turbine (jet) fuel.

Discussion

    The major concerns with diesel engine installations identified by 
the FAA 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
 Full Authority Digital Engine Control (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 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 be substantiated by flight-
testing as described in Advisory Circular AC 23-8C, Flight Test Guide 
for Certification of Part 23 Airplanes.
    This special condition specifically requires testing to show 
compliance with 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 engines'' for 
this requirement. An additional requirement to consider the possibility 
of fuel freezing was imposed.
    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 (b)(2) will apply, except that propeller 
revolutions per minute (RPM) will be displayed. Section 23.1305(b)(4), 
(5), and (7) are deleted.
    Additional critical engine parameters for this installation that 
will be displayed include--
    (1) Power setting, in percentage (in place of manifold pressure); 
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.

Applicability

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

[[Page 54479]]

apply these special conditions to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on the Model DA-62 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.

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, 44704, 
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 Diamond Aircraft Industries of Canada 
Model DA-62 airplanes.
    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 the most 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 23-8C, 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 (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 with 
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.

[[Page 54480]]

    8. Equipment--General--Powerplant Instruments (Compliance with 
Sec.  23.1305 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.
    (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).
    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 (a) of this 
paragraph).
    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, Sec. Sec.  
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 October 3, 2019.
William Schinstock,
Acting Manager, Small Airplane Standards Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2019-22118 Filed 10-9-19; 8:45 am]
 BILLING CODE 4910-13-P