[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Rules and Regulations]
[Pages 47423-47424]
[FR Doc No: 2011-19913]

========================================================================
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. 76, No. 151 / Friday, August 5, 2011 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 33

[ANE-2010-33.7-5A]

Aviation Fuel and Oil Operating Limitations; Policy Memorandum

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Issuance of policy memorandum.

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

SUMMARY: This document announces the issuance of policy memorandum for
Aviation Fuel and Oil Operating Limitations. This policy memorandum
provides guidance for Aircraft Certification Offices (ACOs) and the
Engine Certification Office (ECO) when evaluating compliance with the
standards for aviation fuel and oil operating limitations. This policy
does not create any new requirements, and is not specifically limited
to new model type certification.

DATES: The Engine and Propeller Directorate issued Policy Memorandum
ANE-2010-33.7-5A on July 26, 2011.

FOR FURTHER INFORMATION CONTACT: Mark Rumizen, FAA, Engine and
Propeller Standards Staff, ANE-111, 12 New England Executive Park,
Burlington, MA 01803; e-mail<EMAIL_ADDRESS>telephone: (781)
238-7113; fax:<PHONE_NUMBER>. The policy statement is available on the
Internet at the following address:  http://www.airweb.faa.gov/rgl. If
you do not have access to the Internet, you may request a copy of the
policy by contacting the individual listed in this section.

SUPPLEMENTARY INFORMATION: The Engine and Propeller Directorate (EPD)
of the Aircraft Certification Service has engaged in discussions with
the public regarding compliance with Sec.  33.7 for new fuel and oil
certification projects. As a result of those discussions the EPD made a
draft policy memorandum available to the public for comment. The draft
policy memorandum proposed guidance for Aircraft Certification Offices
(ACOs) and the Engine Certification Office (ECO) when evaluating
compliance with the standards for aviation fuel and oil operating
limitations of Part 33 of Title 14 of the Code of Federal Regulations
(14 CFR part 33). The draft policy specifically addressed compliance
with paragraphs (b)(2), (b)(3), (c)(2), and (c)(3) of Sec.  33.7 for
engine type certification, major design change, and supplemental type
certification projects.
    The draft was made available on March 8, 2010, and after evaluating
the comments received, the EPD posted a final policy memorandum to
FAA's Regulatory and Guidance Library (RGL) on July 7, 2011. The final
policy memorandum differed from the draft policy in three respects.
First, the final policy contained some non-material additions, edits,
and formatting changes principally to recognize the role that military
standards play in evaluating compliance with Sec.  33.7, and added an
additional ATSM International (ASTM) standard to the list of recognized
standards. Second, the format of paragraph 4.c. of the final memorandum
was changed so as to clarify that the new policy memorandum does not
materially alter the current position of the EPD to (1) accept as an
adequate demonstration of compliance to Sec.  33.7 an ASTM or Society
of Automotive Engineers (SAE) standard, and (2) more precisely define
the standard specifications considered equivalent to an ASTM or SAE
standard specification. And, third, to add a new paragraph 4.d., which
replaced the proposed paragraph 4.d., that more accurately described
the EPD's oversight role in such projects by clarifying that all
projects to add fuels or lubricants as operating limitations are
significant, rather than just those that propose the use of equivalent
specifications. That policy memorandum was posted to RGL as policy ANE-
2010-33.7-5, dated July 7, 2011.
    After the final policy posted to RGL, the FAA received a number of
questions from the public concerning the revision to draft paragraph
4.d., which had contained a statement that certification projects that
do not propose to use an ATSM or SAE standard would be evaluated by the
EPD to determine equivalency to the historically used standards. The
final policy memorandum relied on a sentence in paragraph 5 to cover
that statement in draft paragraph 4.d. As stated above, this change
more accurately described the EPD's role in the oversight of projects
to add fuels or lubricants as operating limitations. The EPD intended
that the specific guidance for proposals not based on industry
consensus standards was accommodated by the existing language in
paragraph 5 of the memo, and, therefore, it was unnecessary to
duplicate that specific guidance in paragraph 4.d. The elimination of
the specific guidance regarding proposals not based on industry
consensus standards was not intended to imply that the FAA would
summarily reject those so-called non-standard proposals. As significant
projects, the EPD would continue to address all projects to add fuels
or lubricants as operating limitations on a case by case basis in order
to rationally evaluate their demonstration of compliance with Sec.
33.7, which is consistent with the current practice. With the above
changes, the published version of the memo neither explicitly accepted
nor rejected those projects outside the scope of the specific policy,
such as the non-standard proposals. However, Paragraph 5 of the memo
maintained the accommodation of those projects by specifying they be
coordinated with the EPD, which was consistent with the intent of the
original version of the policy memo.
    Even though the EPD did not intend any material change in the
policy from the revised wording of proposed paragraph 4.d., the EPD has
elected to withdraw the final policy memorandum ANE-2010-33.7-5, dated
July 7, 2011, and to re-post to the RGL an amended final policy that
returns paragraphs 4.c. and 4.d. to the form that appeared in the draft
policy and eliminates the new paragraph 4.d. This amended final policy
memorandum was posted to the RGL on July 26, 2011, as policy ANE-2010-
33.7-5A.

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

    Issued in Burlington, Massachusetts on July 29, 2011.
Colleen M. D'Alessandro,
Acting Assistant Manager, Engine and Propeller Directorate Aircraft
Certification Service.
[FR Doc. 2011-19913 Filed 8-4-11; 8:45 am]
BILLING CODE 4910-13-M