[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Rules and Regulations]
[Pages 64734-64736]
[FR Doc No: 2018-27137]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0555; Product Identifier 2010-SW-047-AD; Amendment
39-19529; AD 2014-05-06 R1]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters (Type Certificate Previously Held by Eurocopter Deutschland
GmbH)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are revising Airworthiness Directive (AD) 2014-05-06 for
Eurocopter Deutschland GmbH Model EC135 and MBB-BK 117C-2 helicopters.
AD 2014-05-06 required repetitive inspections of the flight-control
bearings, replacing any loose bearings with airworthy flight-control
bearings, and installing bushings and washers. This new AD retains the
requirements of AD 2014-05-06 but removes the repetitive inspections.
The actions of this AD are intended to correct an unsafe condition on
these products.

DATES: This AD is effective January 22, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 14,
2014 (79 FR 13196, March 10, 2014).

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may view this referenced service information at
the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177. It is also available
on the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2013-0555.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov in Docket No. FAA-2013-0555; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this AD, the European Aviation
Safety Agency (EASA) AD, any incorporated-by-reference information, the
economic evaluation, any comments received, and other information. The
address for Docket Operations (phone:<PHONE_NUMBER>) is Docket
Operations, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to remove AD 2014-05-06, Amendment 39-17779 (79 FR 13196, March
10, 2014) (AD 2014-05-06) and add a new AD. AD 2014-05-06 applied to
certain Eurocopter Deutschland GmbH Model EC135 and MBB-BK 117C-2
helicopters. The NPRM was published in the Federal Register on June 1,
2018 (83 FR 25415). AD 2014-05-06 required repetitive inspections of
the flight-control bearings, replacing any loose bearings with
airworthy flight-control bearings, and installing bushings and washers.
The NPRM proposed to retain the requirements of AD 2014-05-06 but
remove the repetitive inspection requirements.
    AD 2014-05-06 was prompted by AD No. 2010-0058, dated March 30,
2010 (EASA AD 2010-0058), issued by EASA, which is the Technical Agent
for the Member States of the European Union, to correct an unsafe
condition for Eurocopter Deutschland GmbH (now Airbus Helicopters
Deutschland GmbH) Model EC135, EC635, and MBB-BK 117C-2 helicopters.
EASA advises that during an inspection of an MBB-BK117 C-2, ``bearings
were detected which had not been correctly fixed.'' EASA advises that
this condition, if not detected and corrected, may cause the affected
control lever to shift in the axial direction and contact the
helicopter structure, possibly resulting in reduced helicopter control.
As some bearings on the EC135 and MBB-BK 117C-2 helicopter are
installed with the same procedure, they are equally affected by the
possibility of the unsafe condition, EASA advises.
    Since we published AD 2014-05-06, EASA issued AD No. 2010-0058R1,
dated April 7, 2017, to remove the repetitive inspections required by
EASA AD 2010-0058. EASA advises that a review of data and feedback from
in-service helicopters determined the Airbus Helicopters modification
removes the need for repetitive inspections. We have made a similar
determination and are issuing this AD to remove the repetitive
inspections previously required by AD 2014-05-06.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Germany and are approved for operation in the United States. Pursuant
to our bilateral

agreement with Germany, EASA, its technical representative, has
notified us of the unsafe condition described in the EASA AD. We have
reviewed the relevant information and determined that an unsafe
condition exists and is likely to exist or develop on other helicopters
of these same type designs and that air safety and the public interest
require adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    Differences between this AD and the EASA AD are:
     The EASA AD is applicable to EC 635-series helicopters,
whereas this AD is not because these model helicopters have no U.S.
type certificate.
     The EASA AD requires the modification within the next 12
months after April 13, 2010. This AD requires the modification within
100 hours TIS or at the next annual inspection, whichever occurs first.

Related Service Information Under 1 CFR Part 51

    Eurocopter issued Alert Service Bulletin (ASB) EC135-67A-019,
Revision 3, dated December 16, 2009, for Model EC135-series
helicopters, and ASB MBB-BK117 C-2-67A-010, Revision 3, dated February
8, 2010, for Model MBB-BK 117C-2 helicopters. This service information
specifies a repetitive inspection of the affected bearings and
retrofitting bushings on the levers to prevent movement of the
bearings.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    We reviewed Airbus Helicopters ASB EC135-67A-019 for Model EC135-
series helicopters and ASB MBB-BK117C-2-67A-010 for Model MBB-BK 117C-2
helicopters, both Revision 4 and both dated April 3, 2017. This service
information removes the repetitive inspections and retains the
procedures for retrofitting the bushings on the levers to prevent
movement of the bearings. Revision 3 of this service information is
attached as an appendix to Revision 4.

Costs of Compliance

    We estimate that this AD affects 295 Model EC135-series helicopters
and 117 Model MBB-BK 117C-2 helicopters of U.S. Registry and that labor
costs average $85 per work-hour. Based on these estimates, we expect
the following costs:
     For EC135 helicopters, completing the required
modification requires about 32 work-hours and parts cost about $312,
for a total cost of $3,032 per helicopter and $894,440 for the U.S.
fleet.
     For MBB-BK 117C-2 helicopters, completing the required
modification requires about 32 work-hours and parts cost about $396,
for a total cost of $3,116 per helicopter and $364,572 for the U.S.
fleet.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2014-05-06, Amendment 39-17779 (79 FR 13196, March 10, 2014), and
adding the following new AD:

2014-05-06 R1 Airbus Helicopters Deutschland GmbH (Type Certificate
Previously Held by Eurocopter Deutschland GmbH): Amendment 39-19529;
Docket No. FAA-2013-0555; Product Identifier 2010-SW-047-AD.

(a) Applicability

    This AD applies to the following Airbus Helicopters Deutschland
GmbH (Type Certificate previously held by Eurocopter Deutschland
GmbH) helicopters, certificated in any category:
    (1) Model EC135 P1, P2, P2+, T1, T2, and T2+ helicopters, serial
number (S/N) 0005 through 00829, with a tail rotor control lever,
part number (P/N) L672M2802205 or L672M1012212; cyclic control
lever, P/N L671M1005250; collective control lever assembly, P/N
L671M2020108; or collective control plate, P/N L671M5040207;
installed, and
    (2) Model MBB-BK 117C-2 helicopters, S/N 9004 through 9310, with
a tail rotor control lever assembly, P/N B672M1007101 or
B672M1807101; tail rotor control lever, P/N B672M1002202 or
L672M2802205; or lateral control lever assembly, P/N B670M1008101,
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as incorrectly installed
flight control bearings. This condition could cause the affected
control lever to shift and contact the helicopter structure,
resulting in reduced control of the helicopter.

 (c) Effective Date

    This AD becomes effective January 22, 2019.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) For Model EC135 P1, P2, P2+, T1, T2, and T2+ helicopters:
Within the next 100 hours time-in-service (TIS) or at the next
annual inspection, whichever occurs first, modify the left-hand (LH)
and right-hand (RH) guidance units and the cyclic shaft by
installing bushings and washers to prevent shifting of the bearings
in the axial direction as follows:
    (i) Remove and disassemble the LH guidance unit and install a
bushing, P/N L672M1012260, between the bearing block and the lever
of the LH guidance unit as depicted in Detail A of Figure 5 of
Eurocopter Alert Service Bulletin EC135-67A-019, Revision 3, dated
December 16, 2009 (EC135 ASB).
    (ii) For helicopters without a yaw brake, remove and disassemble
the RH guidance unit and install a bushing, P/N L672M1012260,
between the bearing block and the lever as depicted in Detail B of
Figure 5 of EC135 ASB.
    (iii) Remove and disassemble the cyclic shaft and install a
washer, P/N L671M1005260, between the bearing block and the lever as
depicted in Detail C of Figure 6 of EC135 ASB.
    (iv) Remove the collective control rod from the bellcrank and
install a washer, P/N L221M1042208, on each side of the collective
control rod and bellcrank as depicted in Detail D of Figure 6 of
EC135 ASB.
    (2) For Model MBB-BK 117C-2 helicopters: Within the next 100
hours TIS or at the next annual inspection, whichever occurs first,
modify the LH and RH guidance units and the lateral control lever by
installing bushings and washers to prevent shifting of the bearings
in the axial direction as follows:
    (i) Remove and disassemble the RH guidance unit and install a
bushing, P/N L672M1012260, between the lever and the bracket as
depicted in Detail B of Figure 4 of Eurocopter Alert Service
Bulletin MBB BK117 C-2-67A-010, Revision 3, dated February 8, 2010
(BK117 ASB). Remove and disassemble the LH guidance unit and install
a bushing, P/N L672M1012260, between the lever and the bracket as
depicted in Detail C of Figure 4 of BK117 ASB.
    (ii) Remove the lateral control lever and install new bushings
in accordance with the Accomplishment Instructions, paragraphs
3.C(9)(a) through 3.C(9)(g) of BK117 ASB.
    (iii) Identify the modified lever assembly by writing ``MBB
BK117 C-2-67A-010'' on the lever with permanent marking pen and
protect with a single layer of lacquer (CM 421 or equivalent).
    (iv) Apply corrosion preventive paste (CM518 or equivalent) on
the shank of the screws and install airworthy parts as depicted in
Figure 5 of BK117 ASB.

(f) Affected ADs

    This AD replaces AD 2014-05-06, Amendment 39-17779 (79 FR 13196,
March 10, 2014).

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Matt Fuller, Senior Aviation Safety Engineer, Safety Management
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    (1) Airbus Helicopters Alert Service Bulletin EC135-67A-019 and
Alert Service Bulletin MBB-BK117C-2-67A-010, both Revision 4 and
both dated April 3, 2017, which are not incorporated by reference,
contain additional information about this AD. For service
information identified in this AD, contact Airbus Helicopters, 2701
N. Forum Drive, Grand Prairie, TX 75052; telephone<PHONE_NUMBER> or
(800) 232-0323; fax<PHONE_NUMBER>; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html.
You may review service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2010-0058R1, dated April 7, 2017. You
may view the EASA AD on the internet at http://www.regulations.gov
in Docket No. FAA-2013-0555.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6710, Main Rotor
Control.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 14, 2014 (79 FR 13196, March 10, 2014).
    (i) Eurocopter Alert Service Bulletin EC135-67A-019, Revision 3,
dated December 16, 2009.
    (ii) Eurocopter Alert Service Bulletin MBB BK117 C-2-67A-010,
Revision 3, dated February 8, 2010.
    (4) For Eurocopter service information identified in this AD,
contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (972) 641-
3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html.
    (5) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on December 6, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018-27137 Filed 12-17-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89738-89740]
[FR Doc No: 2023-28705]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99232; File No. SR-EMERALD-2023-31]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Exchange Rule 517, Quote Types Defined

December 22, 2023.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on December 13, 2023, MIAX Emerald, LLC (``MIAX
Emerald'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 517, Quote
Types Defined.
    The text of the proposed rule change is available on the Exchange's
website at https://www.miaxglobal.com/markets/us-options/emerald-options/rule-filings, at MIAX Emerald's principal office, and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 517, Quote Types Defined.
Specifically, the Exchange proposes to adopt new Interpretations and
Policies .02 to Rule 517 to adopt new risk protection behavior for
replacement Standard quotes \3\ that are rejected.
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    \3\ A Standard quote is a quote submitted by a Market Maker that
cancels and replaces the Market Maker's previous Standard quote, if
any. See Exchange Rule 517(a)(1).
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Background
    Market Makers \4\ on the Exchange have heightened obligations
separate from other market participants. Transactions of a Market Maker
should constitute a course of dealings reasonably calculated to
contribute to the maintenance of a fair and orderly market, and Market
Makers should not make bids \5\ or offers \6\ or enter into
transactions that are inconsistent with such a course of dealings.\7\ A
quotation may only be entered by a Market Maker, and only in the
options classes to which the Market Maker is appointed under Rule
602.\8\ A Market Maker's bid and offer for a series of option contracts
shall state a price accompanied by the number of contracts at that
price the Market Maker is willing to buy or sell upon receipt of an
order or upon interaction with a quotation entered by another Market
Maker on the Exchange.\9\ Additionally, a Market Maker that enters a
bid (offer) on the Exchange must enter an offer (bid) within the spread
allowable under Rule 603(b)(4).\10\
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    \4\ The term ``Market Makers'' refers to ``Lead Market Makers'',
``Primary Lead Market Makers'' and ``Registered Market Makers''
collectively. See Exchange Rule 100.
    \5\ The term ``bid'' means a limit order or quote to buy one or
more option contracts. See Exchange Rule 100.
    \6\ The term ``offer'' means a limit order or quote to sell one
or more option contracts. See Exchange Rule 100.
    \7\ See Exchange Rule 603(a).
    \8\ See Exchange Rule 604(a).
    \9\ See Exchange Rule 604(b).
    \10\ See Exchange Rule 604(c).
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    The Exchange has three classes of Market Makers; Primary Lead
Market Makers, Lead Market Makers, and Registered Market Makers.\11\
Further, each class of Market Maker has its own separate and distinct
quoting obligations. A Primary Lead Market Maker must provide
continuous two-sided Standard quotes, which for the purpose of
paragraph (e)(1)(i) of Rule 604 shall mean 90% of the time, for the
options classes to which it is appointed.\12\ A Primary Lead Market
Maker must provide continuous two-sided Standard quotes in at least the
lesser of 99% of the non-adjusted option series, or 100% of the non-
adjusted option series minus one put-call pair, in each class in which
the Primary Lead Market Maker is assigned.\13\ A Lead Market Maker must
provide continuous two-sided Standard quotes, which for the purpose of
paragraph (e)(2)(i) of Rule 604 shall mean 90% of the time, for the
options classes to which it is appointed.\14\ A Lead Market Maker must
provide continuous two-sided Standard quotes in at least 90% of the
non-adjusted option series in each of its appointed classes. Such
quotations must meet the bid/ask differential requirements of Rule
603(b)(4).\15\ A Registered Market Maker must provide continuous two-
sided Standard quotes throughout the trading day in 60% of the non-
adjusted series that have a time

to expiration of less than nine months in each of its appointed
classes. For the purpose of paragraph (e)(3)(i) of Rule 604, continuous
two-sided quoting shall mean 90% of the time, for the options classes
to which the Registered Market Maker is appointed.\16\
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    \11\ See supra note 4.
    \12\ See Exchange Rule 604(e)(1)(i).
    \13\ See Exchange Rule 604(e)(1)(ii).
    \14\ See Exchange Rule 604(e)(2)(i).
    \15\ See Exchange Rule 604(e)(2)(ii).
    \16\ See Exchange Rule 604(e)(3)(i).
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    The Exchange offers several features to Market Makers designed to
mitigate potential risks unique to Market Makers given their
obligations on the Exchange. For example, the Exchange offers an
Aggregate Risk Manager (``ARM'') protection which provides that the
MIAX System \17\ will maintain a counting program (``counting
program'') for each Market Maker who is required to submit continuous
two-sided quotations pursuant to Rule 604 in each of their appointed
option classes.\18\ The System will engage the Aggregate Risk Manager
in a particular option class when the counting program has determined
that a Market Maker has traded during the specified time period a
number of contracts equal to or above their Allowable Engagement
Percentage. The Aggregate Risk Manager will then automatically remove
the Market Maker's Standard quotations from the Exchange's disseminated
quotation in all series of that particular option class until the
Market Maker sends a notification to the System of the intent to
reengage quoting and submits a new revised quotation.\19\
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    \17\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \18\ See Exchange Rule 612.
    \19\ See Exchange Rule 612(b)(1).
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    Additionally, the Exchange offers Market Makers Single Side
Protection (``SSP'') functionality which provides that, if the full
remaining size of a Market Maker's complex Standard quote or cIOC
eQuote in a strategy is exhausted by a trade, the System will trigger
the SSP for the traded side of the strategy. When triggered, the System
will cancel all complex Standard quotes and block all new inbound
complex Standard quotes and cIOC eQuotes for that particular side of
that strategy for that MPID.\20\
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    \20\ See Exchange Rule 532(b)(8).
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Proposal
    The Exchange now proposes to cancel a Market Maker's Standard quote
in certain scenarios when a replacement Standard quote submitted by the
Market Maker is rejected. Specifically, the Exchange proposes to adopt
new Interpretations and Policies .02 to Exchange Rule 517 which will
provide that a replacement Standard quote that is rejected for a
technical reason (as described below) will still cancel the target
Standard quote.
    A Standard quote is submitted by the Market Maker to the Exchange
using the MIAX Express Interface (``MEI''). MEI is a messaging
interface that MIAX members that are approved as Market Makers use to
submit quotes for trading on the MIAX Options market. Market Makers are
only allowed to submit quotes in the products of underlying instruments
to which they are assigned.\21\ Each message submitted to the Exchange
via the MEI must pass a number of validity checks that are performed by
the System. These include, but are not limited to, price and size
checks. Specifically, Standard quote prices must not (i) be less than
zero; (ii) exceed the maximum price; and (iii) must comply with the
minimum trade increment \22\ for that class.\23\ Additionally, Standard
quote sizes must not be less than zero and must not be less than the
minimum quote size as defined in Rule 604(b)(2).\24\ Collectively,
these requirements constitute the technical reasons for which a
replacement Standard quote may be rejected, but which will still result
in the cancellation of the target Standard quote under the Exchange's
proposal.
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    \21\ See MIAX Emerald Options Exchange, Express Interface for
Quoting and Trading Options, MEI Interface Specification, version
2.2 (7/28/2023), available at: https://www.miaxglobal.com/markets/us-options/emerald-options/interface-specifications.
    \22\ The price of Market Maker quotes shall be in the minimum
trading increments applicable to the security under Rule 510. See
Exchange Rule 604(b)(1).
    \23\ The terms ``class of options'' or ``option class'' mean all
option contracts covering the same underlying security. See Exchange
Rule 100.
    \24\ Exchange Rule 604(b)(2) provides that, the initial size of
a Market Maker incoming Standard Quote and all other types of
eQuotes must be for the minimum number of contracts, which minimum
number shall be at least one (1) contract. The minimum number of
contracts, which can vary according to type of quote or eQuote,
shall be at least one (1) contract, will be determined by the
Exchange on a class-by-class basis and announced to the Members
through a Regulatory Circular.
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    The Exchange believes that removing the Standard quote that the
Market Maker was attempting to alter promotes the quality of the
Exchange's market as removing a Standard quote that was targeted for
replacement but was not replaced due to a technical reason maintains
the integrity of quotes available in the market by ensuring that all
available quotes accurately represent Market Maker interest.
    When a Market Maker's replacement Standard quote is rejected
because of a technical reason the existing Standard quote will be
cancelled by the Exchange. In addition to maintaining the integrity of
the Exchange's market, the Exchange believes this functionality also
provides an additional level of risk protection to Market Makers that
are attempting to replace an existing Standard quote but are unable to
as a result of a technical reason with the replacement Standard quote.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\25\ Specifically, the Exchange believes that its proposed rule
change is consistent with Section 6(b)(5) \26\ requirements in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in, securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section (6)(b)(5) \27\ requirement that the rules
of an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers as the proposed rule will be
uniformly applied to all Standard quote messages submitted by Market
Makers on the Exchange.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(5).
    \27\ See id.
---------------------------------------------------------------------------

    The Exchange believes its proposal promotes just and equitable
principles of trade and removes impediments to and perfects the
mechanisms of a free and open market and a national market system as
removing a Market Maker's Standard quote that the Market Maker has
targeted for replacement, but failed to replace due to a technical
reason with the replacement Standard quote message, promotes the
quality of the Exchange's market by ensuring that all available quotes
accurately represent Market Maker interest. When a Market Maker enters
a replacement Standard quote a Market Maker has an expectation that the
existing Standard quote will be cancelled, currently the existing
Standard quote that the Market Maker intended to cancel may be executed
if the replacement Standard quote is rejected which is contrary to the
Market Maker's intent.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
    The Exchange does not believe that its proposed rule change will
impose any burden on intra-market competition as the Rules of the
Exchange apply equally to all Market Makers of the Exchange and all
Market Makers that submit a replacement Standard quote that is rejected
as a result of a technical reason will have the existing target
Standard quote removed by the Exchange.
    The Exchange does not believe that its proposed rule change will
impose any burden on inter-market competition, as the Exchange's
proposal is not a competitive filing. Rather the Exchange believes that
its proposal may promote inter-market competition, as the Exchange's
proposal will improve market quality on the Exchange which may improve
competition for orders across all exchanges.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \28\ and
subparagraph (f)(6) of Rule 19b 4 thereunder.\29\
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b 4(f)(6). In addition, Rule 19b 4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \30\ normally
does not become operative prior to 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\31\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. The Exchange
requested the waiver because it would ensure the integrity of quotes
available in the market. The Exchange stated that the Exchange provides
risk protection functionality specifically for Market Makers due to the
heightened obligations that Market Makers have on the Exchange and that
the proposed rule change would ensure that the quotes available in the
marketplace accurately represent Market Maker interest. In addition,
the Commission notes that the proposed rule change is substantively
identical to a recent proposed rule change filed by another national
securities exchange that is now operative.\32\ For these reasons, the
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the 30-day operative delay and
designates the proposal operative upon filing.\33\
---------------------------------------------------------------------------

    \30\ 17 CFR 240.19b-4(f)(6).
    \31\ 17 CFR 240.19b-4(f)(6)(iii).
    \32\ See Securities Exchange Act Release No. 99041 (November 29,
2023), 88 FR 84376 (December 5, 2023) (SR-MIAX-2023-45); see also
Interpretations and Policies .02 of MIAX Options Exchange Rule 517.
    \33\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-EMERALD-2023-31 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to file number SR-EMERALD-2023-31. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-EMERALD-2023-31 and should
be submitted on or before January 18, 2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------

Christina Z. Milnor,
Assistant Secretary.
[FR Doc. 2023-28705 Filed 12-27-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Pages 52520-52521]
[FR Doc No: 2013-20603]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13948-002]

Public Utility District No. 1 of Snohomish County; Notice of
Application Tendered for Filing with the Commission and Soliciting
Additional Study Requests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Unconstructed Major Project.
    b. Project No.: 13948-002.
    c. Date filed: August 1, 2013.
    d. Applicant: Public Utility District No. 1 of Snohomish County.
    e. Name of Project: Calligan Creek Hydroelectric Project.
    f. Location: On the Calligan Creek, near the Town of North Bend,
King County, Washington. The proposed project would not occupy any
federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Kim D. Moore, P.E., Assistant General Manager
of Generation, Water and Corporate Services; Public Utility District
No. 1 of Snohomish County, 2320 California Street, P.O. Box 1107,
Everett, WA 98206-1107;<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Kelly Wolcott;<PHONE_NUMBER>;
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: September 30, 2013.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, please send a paper copy
to: Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC. 20426. The first page of any filing should include
docket number P-13948-002.
    m. The application is not ready for environmental analysis at this
time.
    n. The Calligan Creek Hydroelectric Project would consist of the
following new facilities: (1) An approximately 110-foot-long, 14-foot-
high diversion with a 45-foot-long, 8-foot-high spillway; (2) a 1.04-
acre-foot impoundment; (3) a 200-square-foot fish screen with 0.125-
inch-wide openings; (4) a 1.20-mile-long, 41-inch-diameter penstock;
(5) a powerhouse containing a single 6-megawatt two-jet horizontal-
shaft Pelton turbine/generator; (6) a 135-foot-long rip-rap-lined
tailrace channel discharging into Calligan Creek; (7) 300 feet of
access roads in addition to existing logging roads; (8) a 2.5-mile-
long, 34.5-kilovolt buried transmission line connecting to the existing
Black Creek Hydroelectric Project (P-6221) switching vault; and (9)
appurtenant facilities. The project is estimated to provide 20.7
gigawatt-hours annually. No federal lands are included in the project.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at  http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. With this notice, we are initiating consultation with the
Washington State Historic Preservation Officer (SHPO), as required by
section 106 of the National Historic Preservation Act and the
regulations of the Advisory Council on Historic Preservation, 36 CFR
800.4.
    q. Procedural schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule will be made as appropriate.

Issue Acceptance or Deficiency Letter (if needed)--October 2013
Request for Additional Information--October 2013
Issue Notice and Letter of Acceptance--December 2013

Issue Scoping Document 1 for comments--January 2014
Comments on Scoping Document 1--March 2014
Issue Scoping Document 2--April 2014
Issue notice of ready for environmental analysis--April 2014
Commission issues draft EA--October 2014
Comments on draft EA--November 2014
Commission issues final EA--January 2015

    Dated: August 16, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-20603 Filed 8-22-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28719-28723]
[FR Doc No: 2013-11731]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2013-0413; Special Conditions No. 23-259-SC]

Special Conditions: Cessna Aircraft Company, Model J182T; Diesel
Cycle Engine Installation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Cessna Aircraft
Company (Cessna) Model J182T airplane. This airplane will have a novel
or unusual design feature(s) associated with the installation of an
aircraft diesel engine (ADE). 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 May 8, 2013.
We must receive your comments by June 17, 2013.

ADDRESSES: Send comments identified by docket number [FAA-2013-0413]
using any of the following methods:
    [squ] Federal eRegulations Portal: Go to http://www.regulations.gov
and follow the online instructions for sending your comments
electronically.
    [squ] 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.
    [squ] 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 8 a.m., and 5 p.m., Monday through
Friday, except Federal holidays.
    [squ] 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 Web
site, 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: Mr. Peter Rouse, Federal Aviation
Administration, Small Airplane Directorate, Aircraft Certification
Service, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816)
329-4135; facsimile<PHONE_NUMBER>.

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. In addition, the
substance of these special conditions has been subject to the public
comment process in several prior instances with no substantive comments
received. The FAA therefore finds that good cause exists for making
these special conditions effective upon issuance.

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 ask
that you send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning these special conditions. You can inspect the docket before
and after the comment closing date. If you wish to review the docket in
person, go to the address in the ADDRESSES section of this preamble
between 7:30 a.m. and 4:00 p.m., Monday through Friday, except Federal
holidays.
    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 April 2, 2012, Cessna applied for an amendment to Type
Certificate No. 3A13 to include the new Model J182T with the Societe de
Motorisation Aeronautiques (SMA) Engines, Inc. SR305-230E-C1 which is a
four-stroke, air cooled, diesel cycle engine that uses turbine (jet)
fuel. The Model No. J182T, which is a derivative of the T182 currently
approved under Type Certificate No. 3A13, is an aluminum, four place,
single engine airplane with a cantilever high wing, with the SMA SR305-
230E-C1 diesel cycle engine and associated systems installed.
    In anticipation of 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. Refer to this policy for a detailed summary of
the FAA's development of diesel engine requirements.
    The general areas of concern involving the application of a diesel
cycle engine are:
     The power characteristics of the engine,
     the use of turbine fuel in an airplane class that is
typically powered by gasoline fueled engines,
     the vibration characteristics, both normal and with an
inoperative cylinder,
     anticipated use of an electronic engine control system,

     the appropriate limitations and indications for a diesel
cycle engine, and
     the failure modes of a diesel cycle engine.

A historical record review of diesel engine use in aircraft and part 23
identified these concerns. The review identified specific regulatory
areas requiring evaluation 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 reviewing the Cessna installation, the
SMA engine type, the SMA engine requirements, and Policy Statement PS-
ACE100-2002-004, the FAA proposes engine installation and fuel system
special conditions. The SMA engine has a Full Authority Digital Engine
Control (FADEC), which also requires special conditions. The FADEC
special conditions will be issued in a separate notice.

Type Certification Basis

    Under the provisions of Sec.  21.101, Cessna must show that the
J182T meets the applicable provisions of the regulations incorporated
by reference in Type Certificate No. 3A13 or the applicable regulations
in effect on the date of application for the change to the model T182T.
The regulations incorporated by reference in the type certificate are
commonly referred to as the ``original type certification basis.'' In
addition, the J182T certification basis includes special conditions and
equivalent levels of safety.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the J182T 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 J182T 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.
    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.  21.101.
    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 special conditions would also apply to the
other model.

Novel or Unusual Design Features

    The J182T will incorporate the following novel or unusual design
features:

The Installation of an ADE

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
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 installation must be shown to be free of
whirl mode flutter and also any one cylinder inoperative flutter
effects. 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). In addition, the fuel flow requirements of Sec.  23.955(c)
are modified to be reflective of the diesel engine operating
characteristics.
    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) 23-8B, 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.
    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.

Limitations and Indications

    Section 23.1305 will apply, except that the 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, as
well as compliance to Sec.  23.1557(c)(1)(ii) will be in lieu of Sec.
23.1557(c)(1)(i).

Applicability

    As discussed above, these special conditions are applicable to the
Model J182T. Should Cessna 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 conditions would apply to that
model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of 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.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances 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. Therefore, 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 opportunities for comment described
above.

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
21.101; 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 Cessna Model J182T airplanes.
    1. Engine torque (Provisions similar to Sec.  23.361(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.
    (2) 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. Flutter--(Compliance with Sec.  23.629 (e)(1) and (e)(2)
requirements):
    The flutter evaluation of the airplane done in accordance with
Sec.  23.629 must include --
    (a) Whirl mode degree of freedom which takes into account the
stability of the plane of rotation of the propeller and significant
elastic, inertial, and aerodynamic forces, and
    (b) Propeller, engine, engine mount and airplane structure
stiffness and damping variations appropriate to the particular
configuration, and
    (c) The flutter investigation will include showing the airplane is
free from flutter with one cylinder inoperative.
    3. 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.
    4. Powerplant--Fuel System--Fuel system with water saturated fuel
(Compliance with Sec.  23.951(c) 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.
    5. Powerplant--Fuel System--Fuel Flow (Compliance with Sec.  23.955
requirements):
    In place of Sec.  23.955(c), the engine fuel system must provide at
least 100 percent of the fuel flow required by the engine, or the fuel
flow required to prevent engine damage, if that flow is greater than
100 percent. The fuel flow rate must be available to the engine under
each intended operating condition and maneuver. The conditions may be
simulated in a suitable mockup. This flow must be shown in the most
adverse fuel feed condition with respect to altitudes, attitudes, and
any other condition that is expected in operation.
    6. 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 23-8C, Flight Test Guide
for Certification of Part 23 Airplanes.
    7. Powerplant--Fuel system--Fuel tank filler connection (Compliance
with Sec.  23.973(f) requirements):
    In place of compliance with Sec.  23.973(e), 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.
    8. Powerplant--Fuel system--Fuel tank outlet (Compliance with Sec.
23.977(a)(2) requirements):
    In place of compliance with Sec.  23.977(a)(1), 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.
    9. Equipment--General--Powerplant Instruments (Compliance with
Sec.  23.1305 and Sec.  91.205 requirements):
    In place of compliance with Sec.  23.1305, the applicant will
comply with the following:
    Below 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) An oil quantity measuring device for each oil tank which meets
the requirements of Sec.  23.1337(d).
    (e) A tachometer indicating propeller speed.
    (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).
    Alternately, 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. Additionally,
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 either in percentage power, or through the use of
manifold pressure.
    (h) Fuel temperature indicator.
    (i) Fuel flow indicator (engine fuel consumption).
    If percentage power is used in place of manifold pressure,
compliance to Sec.  91.205 will be accomplished with the following:
    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. The Type Certification Data Sheet (TCDS)
is to be modified to show power indication will be accepted to be
equivalent to the manifold pressure indication.
    10. Operating Limitations and Information--Powerplant limitations--
Fuel grade or designation (Compliance with Sec.  23.1521 requirements):
    All engine parameters that have limits specified by the engine
manufacturer for takeoff or continuous operation must be investigated
to ensure they remain within those limits throughout the expected
flight and ground envelopes (e.g. maximum and minimum fuel
temperatures, ambient temperatures, as applicable, etc.). This is in
addition to the existing requirements specified by Sec.  23.1521(b) and
(c). If any of those limits can be exceeded, there must be continuous
indication to the flight crew of the status of that parameter with
appropriate limitation markings.
    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 required for the operation of the
engine within the limitations in paragraphs (b) and (c) of Sec.
23.1521.
    11. Markings and Placards--Miscellaneous markings and placards--
Fuel, and oil, filler openings (Compliance with Sec.  23.1557(c)(1)(ii)
requirements):
    Instead of compliance with Sec.  23.1557(c)(1)(i), the applicant
must comply with the following:
    Fuel filler openings must be marked at or near the filler cover
with--
    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 is equipped with an aircraft diesel
engine; service with approved fuels only.''
    The colors of this warning placard should be black and white.
    12. 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 limitations will be considered as part of the essential
operating parameters for the aircraft. Limitations will be determined
as follows:
    (a) The takeoff temperature limitation must be determined by
testing or analysis to define the minimum fuel cold-soaked temperature
that the airplane can operate on.
    (b) The minimum operating temperature limitation must be determined
by testing to define the minimum acceptable operating temperature after
takeoff (with minimum takeoff temperature established in (1) above).
    13. Powerplant Installation--Vibration levels:
    Vibration levels throughout the engine operating range must be
evaluated and:
    (a) Vibration levels imposed on the airframe must be less than or
equivalent to those of the gasoline engine; or
    (b) Any vibration level 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.
    Vibration levels imposed on the airframe can be mitigated to an
acceptable level by utilization of isolators, damper clutches, and
similar provisions so that unacceptable vibration levels are not
imposed on the previously certificated structure.
    14. Powerplant Installation--One cylinder inoperative:
    Tests or analysis, or a combination of methods, must show 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.
    15. 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 of 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 May 8, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-11731 Filed 5-15-13; 8:45 am]
BILLING CODE 4910-13-P