[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49648-49650]
[FR Doc No: 2019-20325]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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,

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<PHONE_NUMBER>.
    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<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

Comments Invited
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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).

    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