[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39261-39262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14353]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE173; Special Conditions No. 23-121-SC]
Special Conditions: Eclipse Aviation Corporation, Model 500
Airplane; Electronic Engine Control System
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
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SUMMARY: These special conditions are issued for the Eclipse Aviation
Corporation, Model 500 airplane. This airplane will have a novel or
unusual design feature(s) associated with the use of an electronic
engine control system instead of a traditional mechanical 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.
EFFECTIVE DATE: July 8, 2002.
FOR FURTHER INFORMATION CONTACT: Ervin Dvorak Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri
64106; 816-329-4123 fax 816-329-4090.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2001, Eclipse Aviation Corporation applied for a type
certificate for their Model 500 airplane.
The Eclipse Model 500 airplane design includes digital electronic
engine control systems, which were not envisaged and are not adequately
addressed in 14 CFR part 23. The applicable existing regulations do not
address electronic control systems since those were not envisioned at
the time. Even though the engine control system will be certificated as
part of the engine, the installation of an engine with an electronic
control system requires evaluation due to the possible effects on or by
other airplane systems (e.g., radio interference with other airplane
electronic systems, shared engine and airplane power sources). The
regulatory requirements were not applicable to systems certificated as
part of the engine (ref. Sec. 23.1309(f)(1)). Also, electronic control
systems often require inputs from airplane data and power sources and
outputs to other airplane systems. Although the parts of the system
that are not certificated with the engine could be evaluated using the
criteria of Sec. 23.1309, the integral nature of systems such as these
makes it unfeasible to evaluate the airplane portion of the system
without including the engine portion of the system. However,
Sec. 23.1309(f)(1) again prevents complete evaluation of the installed
airplane system since evaluation of the engine system's effects is not
required.
Type Certification Basis
Under the provisions of 14 CFR 21.17, Eclipse Aviation Corporation
must show that the Eclipse Model 500 airplane meets the following:
(1) Applicable provisions of 14 CFR part 23, effective December 18,
1964, as amended by Amendments 23-1 through 23-54 (September 14, 2000).
(2) Part 34 of the Federal Aviation Regulations effective September
10, 1990, plus any amendments in effect on the date of type
certification.
(3) Part 36 of the Federal Aviation Regulations effective December
1, 1969, as amended by Amendment 36-1 through the amendment in effect
on the date of type certification.
(4) Noise Control Act of 1972.
(5) Special conditions that are not relevant to these proposed
special conditions, if any;
(6) Exemptions, if any;
(7) Equivalent level of safety findings, if any; and
(8) Special conditions adopted by this rulemaking action.
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 Model 500 airplane 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 Model 500 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 pursuant to section 611 of Public Law 92-574, the
``Noise Control Act of 1972.''
Special conditions, as appropriate, as defined in 11.19, are issued
in accordance with Sec. 11.38, and become part of the type
certification basis in accordance with 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
[[Page 39262]]
incorporates the same novel or unusual design feature, the special
conditions would also apply to the other model under the provisions of
Sec. 21.101.
Novel or Unusual Design Features
The Model 500 will incorporate the following novel or unusual
design features:
Digital electronic engine control systems. This notice proposes a
special condition for a digital electronic engine control system on the
Eclipse Model 500 airplane.
Discussion of Comments
Notice of proposed special conditions No. 23-01-05-SC for the
Eclipse Model 500 airplanes was published on March 11, 2002 (67 FR
10857). No comments were received, and the special conditions are
adopted as proposed.
Applicability
As discussed above, these special conditions are applicable to the
Eclipse Model 500 airplane. Should Eclipse Aviation Corporation 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 under the
provisions of Sec. 21.101.
Conclusion
This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability,
and it affects only the applicant who applied to the FAA for approval
of these features on the airplane.
List of Subjects in 14 CFR Part 23
Aircraft, Aviation safety, Signs and symbols.
Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and
21.17; 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 the Eclipse Aviation Corporation Model
500, airplane.
1. Electronic Engine Control System
The installation of the electronic engine control system must
comply with the requirements of Sec. 23.1309(a) through (e) at
Amendment 23-49. The intent of this requirement is not to re-evaluate
the inherent hardware reliability of the control itself, but rather
determine the effects, including environmental effects addressed in
Sec. 23.1309(e), on the airplane systems and engine control system when
installing the control on the airplane. When appropriate, engine
certification data may be used when showing compliance with this
requirement.
Issued in Kansas City, Missouri, on May 28, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-14353 Filed 6-6-02; 8:45 am]
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