Special Conditions: Embraer S.A., Model EMB-505; High Fuel Temperature, 63968-63970 [E9-29053]
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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
amount equal to the applicable rate set
forth in 11 CFR 100.93(e).
* * *
(iii) If any individual, including a
candidate, uses a government
conveyance, other than an aircraft, for
campaign-related travel, the candidate’s
authorized committee shall pay the
appropriate government entity an
amount equal to the amount required
under 11 CFR 100.93(d).
* * *
(v) For travel by aircraft, the
committee shall maintain
documentation as required by 11 CFR
100.93(j)(1) in addition to any other
documentation required in this section.
For travel by other conveyances, the
committee shall maintain
documentation of the commercial rental
rate as required by 11 CFR 100.93(j)(3)
in addition to any other documentation
required in this section.
*
*
*
*
*
(8) Non-commercial travel, as defined
in 11 CFR 100.93(a)(3)(v), on aircraft,
and travel on other means of
transportation not operated for
commercial passenger service, is
governed by 11 CFR 100.93.
PART 9034—ENTITLEMENTS
8. The authority citation for part 9034
continues to read as follows:
■
Authority: 26 U.S.C. 9034 and 9039(b).
9. Section 9034.7 is amended by
revising paragraphs (b)(5)(i), (b)(5)(iii),
(b)(5)(v), and (b)(8) to read as follows:
■
§ 9034.7
Allocation of travel expenditures.
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*
*
*
*
*
(b) * * *
(5) (i) If any individual, including a
candidate, uses a government aircraft for
campaign-related travel, the candidate’s
authorized committee shall pay the
appropriate government entity an
amount not less than the applicable rate
set forth in 11 CFR 100.93(e).
* * *
(iii) If any individual, including a
candidate, uses a government
conveyance, other than an aircraft, for
campaign-related travel, the candidate’s
authorized committee shall pay the
appropriate government entity an
amount equal to the amount required
under 11 CFR 100.93(d).
* * *
(v) For travel by aircraft, the
committee shall maintain
documentation as required by 11 CFR
100.93(j)(1) in addition to any other
documentation required in this section.
For travel by other conveyances, the
committee shall maintain
documentation of the commercial rental
VerDate Nov<24>2008
12:44 Dec 04, 2009
Jkt 220001
rate as required by 11 CFR 100.93(j)(3)
in addition to any other documentation
required in this section.
*
*
*
*
*
(8) Non-commercial travel on aircraft,
and travel on other means of
transportation not operated for
commercial passenger service is
governed by 11 CFR 100.93.
Dated: November 20, 2009.
On behalf of the Commission.
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9–28637 Filed 12–4–09; 8:45 am]
BILLING CODE 6715–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE301; Special Conditions No.
23–241–SC]
Special Conditions: Embraer S.A.,
Model EMB–505; High Fuel
Temperature
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
SUMMARY: These special conditions are
issued for the Embraer S.A., Model
EMB–505 airplane. This airplane will
have a novel or unusual design
feature(s) associated with high fuel
temperature. 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 December 1, 2009.
We must receive your comments by
January 6, 2010.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Regional Counsel,
ACE–7, Attention: Rules Docket Clerk,
Docket No. CE301, Room 506, 901
Locust, Kansas City, Missouri 64106.
Mark comments: Docket No. CE301. You
may inspect comments in the Rules
Docket weekdays, except Federal
holidays, between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT:
Peter L. Rouse, Federal Aviation
Administration, Aircraft Certification
Service, Small Airplane Directorate,
ACE–111, 901 Locust, Kansas City,
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Missouri, 816–329–4135, fax 816–329–
4090.
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 data, views, or arguments as
they may desire. 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 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.
If you want the FAA to acknowledge
receipt of the comments on this
proposal, include with your comments
a pre-addressed, stamped postcard on
which the docket number appears. We
will stamp the date on the postcard and
mail it back to you.
Discussion
Background
On October 9, 2006, Embraer S.A.
applied for a type certificate for their
new Model EMB–505. The Model EMB–
505 is a commuter category, low-winged
monoplane with ‘‘T’’ tailed vertical and
horizontal stabilizers, retractable
tricycle type landing gear and twin
turbofan engines mounted on the
aircraft fuselage. Its design
characteristics include a predominance
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07DER1
Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
of metallic construction. The maximum
takeoff weight is 17,967 pounds, the
VMO/MMO is 320 KCAS/M 0.78 and
maximum altitude is 45,000 feet.
Fuel temperatures on the Embraer
EMB 505 are higher than envisioned by
14 CFR part 23. The rule governing fuel
system hot weather operation is 14 CFR
part 23, § 23.961, and the rule requires
the following:
erowe on DSK5CLS3C1PROD with RULES
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, the initial temperature must be 110 °F,
¥0 °, +5 ° or the maximum outside air
temperature for which approval is requested,
whichever is more critical.
During other airplane certification
projects, the fuel system temperatures
associated with the recently designed
turbofan engines were much higher than
those previously encountered on
previous airplane certification projects.
The engine oil/fuel heat fuel system
includes an exchanger that cools the oil
and heats the fuel. Consequently, the
motive flow fuel that is returned to the
airplane from the engine is hot and
heats the airplane wing fuel and tank.
As a result, on the PW535E, the engine
inlet maximum fuel temperature was
determined to reach up to 196.7 °F (91.5
°C) during design development testing.
Initial concerns regarding the safe
operation of the airplane with fuel
temperatures significantly greater than
110 °F are identified as:
• Fuel degradation with resultant
byproducts at high temperatures.
• Operation with the higher vapor
liquid ratios.
• Fuel system component
qualification at the higher temperatures.
• Solubility of water in fuel.
• Microbial growth.
• Fuel tank material/surrounding
structure compatibility with the
elevated temperatures.
• Service and maintenance personnel
susceptibility to burns.
An initial review of FAA experience
regarding airplane fuel temperatures
identifies that for large part 25 aircraft,
fuel temperature upper limits are
characterized by § 25.961 values, i.e.,
110–120 °F. Operationally, the buildup
of vapor pockets within fuel lines has
been an issue from this perspective for
large transport category airplanes. A
summary of the maximum engine inlet
fuel temperatures for engines used in
part 23 and part 25 business jet
airplanes that are FAA certified follows:
VerDate Nov<24>2008
12:44 Dec 04, 2009
Jkt 220001
Sea level maximum inlet
fuel temperature
Engine model
PWC615F .........
PWC615F .........
PWC615F .........
530A, 535A .......
545A .................
305A .................
308 ....................
JT15D–4, –4B,
–4D.
FJ44–3A ...........
FJ44–2A ...........
FJ44–1B ...........
TFE731–2/–3 ....
TFE731–20 .......
126 F (52 C) draft IM.
172 F (78 C) Transport
Canada.
190 F (88 C).
135 F (57 C).
135 F (57 C).
135 F (57 C).
135 F (57 C).
135 F (57 C).
200
135
135
135
135
F
F
F
F
F
(93
(57
(57
(57
(57
C).
C).
C).
C).
C).
CAR part 3, as amended to May 15,
1956, defined the maximum anticipated
summer air temperatures in § 3.583;
‘‘The maximum anticipated summer air
temperature shall be considered to be
100 °F at sea level and to decrease from
this value at the rate of 3.6 °F per
thousand feet above sea level.’’
Concurrently, § 3.438 required that
‘‘* * * fuel system features conducive
to vapor formation shall be
demonstrated to be free from vapor lock
when using fuel at a temperature of 110
°F under critical operating conditions.’’
Building from CAR part 3, 14 CFR part
23 envisioned maximum fuel
temperatures at or near 110 °F as set
forth in 14 CFR part 23, § 23.961. The
turbine fuel temperature requirement for
hot weather operation is 110 ¥0, +5 °F,
or the maximum outside air temperature
for which approval is requested,
whichever is more critical. Engine heat
rejection such that the airplane fuel
temperature is characterized by engine
heat rejection rather than ambient air
temperature is a new and novel design
that was not envisioned by 14 CFR part
23.
14 CFR part 23 certification
experience to date has shown that hot
weather certification testing with 110 °F
fuel temperatures is adequate for fuel
system operations for fuel tank fuel
temperatures characterized by ambient
air temperatures including cooling as a
result of the atmospheric temperature
lapse rate. Heating that increases the
airplane fuel system operational
temperatures introduces several fuel
system concerns. Each must be shown
to be acceptable. Compliance by design
(i.e., lack of ability to shutoff the engine
motive flow) may be utilized although
associated type certificate data sheet
information may also be necessary to
assure future system changes are
compliant.
A special condition for the higher fuel
system temperatures of the Embraer
EMB–505 airplane was proposed. The
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63969
special condition requires the
compliance to 14 CFR part 23, § 23.961,
fuel system hot weather operation test
temperature to be commensurate with
the highest fuel temperature expected at
the maximum outside air temperature
for which approval is requested.
Type Certification Basis
Under the provisions of 14 CFR part
21, § 21.17, Embraer S.A. must show
that the Model EMB–505 meets the
applicable provisions of 14 CFR part 23,
as amended by Amendments 23–1
through 23–55, thereto.
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 EMB–505 because of a
novel or unusual design feature, special
conditions are prescribed under § 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the Model EMB–505 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 § 611 of Public Law 92–
574, the ‘‘Noise Control Act of 1972.’’
The FAA issues special conditions, as
appropriate, as defined in § 11.19, under
§ 11.38, and they become part of the
type certification basis under § 21.17(a).
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 or similar novel
or unusual design feature, the special
conditions would also apply to the other
model.
Novel or Unusual Design Features
The Model EMB–505 will incorporate
the following novel or unusual design
features:
High Fuel Temperatures.
Applicability
As discussed above, these special
conditions are applicable to the Model
EMB–505. Should Embraer S.A. apply
later 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, Model EMB–505, of airplanes. It
is not a rule of general applicability, and
it affects only the applicant who applied
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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
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 21.17; and 14 CFR
11.38 and 11.19.
The Special Conditions
Accordingly, the Federal Aviation
Administration (FAA) issues the
following special conditions as part of
the type certification basis for the
Embraer S.A. Model EMB–505
airplanes.
1. SC § 23.961:
Instead of compliance with § 23.961,
the following apply:
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,
the initial temperature must be the
highest fuel temperature expected at the
maximum outside air temperature for
which approval is requested.
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■
Issued in Kansas City, Missouri, on
December 1, 2009.
William J. Timberlake,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–29053 Filed 12–4–09; 8:45 am]
BILLING CODE 4910–13–P
VerDate Nov<24>2008
12:44 Dec 04, 2009
Jkt 220001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2008–1170; Airspace
Docket No. 08–AEA–27]
Amendment of the Atlantic Low
Offshore Airspace Area; East Coast
United States
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This action lowers the
altitude floor within a part of the
Atlantic Low Offshore Airspace Area.
This action provides additional
controlled airspace to enable air traffic
control (ATC) to more efficiently handle
arriving instrument flight rules (IFR)
aircraft a various coastal airports along
the United States (U.S.) east coast.
DATES: Effective Dates: 0901 UTC,
February 11, 2010. The Director of the
Federal Register approves this
incorporation by reference action under
1 CFR part 51, subject to the annual
revision of FAA Order 7400.9 and
publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, Airspace and Rules Group,
Office of System Operations Airspace
and AIM, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
History
On Wednesday January 21, 2009, the
FAA published in the Federal Register
a notice of proposed rulemaking to
amend the Atlantic Low Offshore
Airspace Area (74 FR 3465). Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal. One
comment was received. The commenter
expressed support for the proposal.
Currently, ATC cannot vector arriving
aircraft below 5,500 feet mean sea level
(MSL) while operating within the
Atlantic Low Offshore Airspace Area,
limiting system efficiency and
increasing operational complexity.
Lowering the floor of the Atlantic Low
Offshore Airspace Area provides
additional controlled airspace to
allowing ATC to use lower altitudes to
vector arriving IFR aircraft at various
airports along the U.S. east coast, such
as those that receive approach control
service from Atlantic City airport traffic
control tower (ATCT). The change will
increase National Airspace System
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Fmt 4700
Sfmt 4700
(NAS) efficiency and reduce operational
complexity.
In the NPRM, the FAA proposed to
lower the airspace floor from 5,500 feet
MSL to 1,700 feet MSL throughout the
entire Atlantic Low Offshore Airspace
Area. Following consultations with the
Department of Defense (DOD) and a
review of ATC requirements, the FAA
determined that a 1,700 foot MSL floor
was only needed within an 8 nautical
mile (NM) wide segment of airspace
along the western boundary of the
Atlantic Low Offshore Airspace Area.
Based on this review, the airspace
extending upward from 1,700 feet MSL
will apply only to that portion of the
Atlantic Low Offshore Airspace Area
that lies between a line drawn 12 miles
from and parallel to the U.S. shoreline
and a line drawn 20 miles from and
parallel to the U.S. shoreline. The floor
in the remainder of the Atlantic Low
Offshore Airspace Area outward from 20
NM from the shoreline will continue to
extend upward from 5,500 feet MSL.
This action does not change the status
of any warning areas contained within
the Atlantic Low Offshore Airspace
Area or affect DOD operations
conducted therein. As with all warning
areas, a letter of agreement between the
controlling and using agencies is
executed to define the conditions and
procedures under which the controlling
agency may authorize nonparticipating
aircraft to transit the warning area.
With the exception of the change
described above, and editorial changes,
this amendment is the same as that
proposed in the NPRM.
Offshore Airspace Areas are
published in paragraph 6007 of FAA
Order 7400.9T, signed August 27, 2009,
and effective September 15, 2009, which
is incorporated by reference in 14 CFR
71.1. The Offshore Airspace Area listed
in this document will be published
subsequently in the order.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
lowering the floor in a portion of the
Atlantic Low Offshore Airspace Area
from 5,500 feet MSL to 1,700 MSL
within an 8 NM wide band along the
western boundary of the Atlantic Low
Offshore Airsace Area. The amendment
applies to that segment of the Atlantic
Low that lies between a line drawn 12
miles from and parallel to the U.S.
shoreline and a line drawn 20 miles
from and parallel to the U.S. shoreline.
The change provides additional
controlled airspace allowing ATC to use
lower altitudes to vectoring arriving
aircraft to various airports along the U.S.
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Agencies
[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 63968-63970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29053]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE301; Special Conditions No. 23-241-SC]
Special Conditions: Embraer S.A., Model EMB-505; High Fuel
Temperature
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Embraer S.A.,
Model EMB-505 airplane. This airplane will have a novel or unusual
design feature(s) associated with high fuel temperature. 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 December 1,
2009. We must receive your comments by January 6, 2010.
ADDRESSES: You must mail two copies of your comments to: Federal
Aviation Administration, Regional Counsel, ACE-7, Attention: Rules
Docket Clerk, Docket No. CE301, Room 506, 901 Locust, Kansas City,
Missouri 64106. Mark comments: Docket No. CE301. You may inspect
comments in the Rules Docket weekdays, except Federal holidays, between
7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Peter L. Rouse, Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, ACE-111, 901 Locust, Kansas City, Missouri, 816-329-4135,
fax 816-329-4090.
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 data, views, or arguments as they may desire. 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 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.
If you want the FAA to acknowledge receipt of the comments on this
proposal, include with your comments a pre-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it back to you.
Discussion
Background
On October 9, 2006, Embraer S.A. applied for a type certificate for
their new Model EMB-505. The Model EMB-505 is a commuter category, low-
winged monoplane with ``T'' tailed vertical and horizontal stabilizers,
retractable tricycle type landing gear and twin turbofan engines
mounted on the aircraft fuselage. Its design characteristics include a
predominance
[[Page 63969]]
of metallic construction. The maximum takeoff weight is 17,967 pounds,
the VMO/MMO is 320 KCAS/M 0.78 and maximum
altitude is 45,000 feet.
Fuel temperatures on the Embraer EMB 505 are higher than envisioned
by 14 CFR part 23. The rule governing fuel system hot weather operation
is 14 CFR part 23, Sec. 23.961, and the rule requires the following:
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, 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.
During other airplane certification projects, the fuel system
temperatures associated with the recently designed turbofan engines
were much higher than those previously encountered on previous airplane
certification projects. The engine oil/fuel heat fuel system includes
an exchanger that cools the oil and heats the fuel. Consequently, the
motive flow fuel that is returned to the airplane from the engine is
hot and heats the airplane wing fuel and tank. As a result, on the
PW535E, the engine inlet maximum fuel temperature was determined to
reach up to 196.7 [deg]F (91.5 [deg]C) during design development
testing.
Initial concerns regarding the safe operation of the airplane with
fuel temperatures significantly greater than 110 [deg]F are identified
as:
Fuel degradation with resultant byproducts at high
temperatures.
Operation with the higher vapor liquid ratios.
Fuel system component qualification at the higher
temperatures.
Solubility of water in fuel.
Microbial growth.
Fuel tank material/surrounding structure compatibility
with the elevated temperatures.
Service and maintenance personnel susceptibility to burns.
An initial review of FAA experience regarding airplane fuel
temperatures identifies that for large part 25 aircraft, fuel
temperature upper limits are characterized by Sec. 25.961 values,
i.e., 110-120 [deg]F. Operationally, the buildup of vapor pockets
within fuel lines has been an issue from this perspective for large
transport category airplanes. A summary of the maximum engine inlet
fuel temperatures for engines used in part 23 and part 25 business jet
airplanes that are FAA certified follows:
------------------------------------------------------------------------
Sea level maximum inlet fuel
Engine model temperature
------------------------------------------------------------------------
PWC615F............................... 126 F (52 C) draft IM.
PWC615F............................... 172 F (78 C) Transport Canada.
PWC615F............................... 190 F (88 C).
530A, 535A............................ 135 F (57 C).
545A.................................. 135 F (57 C).
305A.................................. 135 F (57 C).
308................................... 135 F (57 C).
JT15D-4, -4B, -4D..................... 135 F (57 C).
FJ44-3A............................... 200 F (93 C).
FJ44-2A............................... 135 F (57 C).
FJ44-1B............................... 135 F (57 C).
TFE731-2/-3........................... 135 F (57 C).
TFE731-20............................. 135 F (57 C).
------------------------------------------------------------------------
CAR part 3, as amended to May 15, 1956, defined the maximum
anticipated summer air temperatures in Sec. 3.583; ``The maximum
anticipated summer air temperature shall be considered to be 100 [deg]F
at sea level and to decrease from this value at the rate of 3.6 [deg]F
per thousand feet above sea level.'' Concurrently, Sec. 3.438 required
that ``* * * fuel system features conducive to vapor formation shall be
demonstrated to be free from vapor lock when using fuel at a
temperature of 110 [deg]F under critical operating conditions.''
Building from CAR part 3, 14 CFR part 23 envisioned maximum fuel
temperatures at or near 110 [deg]F as set forth in 14 CFR part 23,
Sec. 23.961. The turbine fuel temperature requirement for hot weather
operation is 110 -0, +5 [deg]F, or the maximum outside air temperature
for which approval is requested, whichever is more critical. Engine
heat rejection such that the airplane fuel temperature is characterized
by engine heat rejection rather than ambient air temperature is a new
and novel design that was not envisioned by 14 CFR part 23.
14 CFR part 23 certification experience to date has shown that hot
weather certification testing with 110 [deg]F fuel temperatures is
adequate for fuel system operations for fuel tank fuel temperatures
characterized by ambient air temperatures including cooling as a result
of the atmospheric temperature lapse rate. Heating that increases the
airplane fuel system operational temperatures introduces several fuel
system concerns. Each must be shown to be acceptable. Compliance by
design (i.e., lack of ability to shutoff the engine motive flow) may be
utilized although associated type certificate data sheet information
may also be necessary to assure future system changes are compliant.
A special condition for the higher fuel system temperatures of the
Embraer EMB-505 airplane was proposed. The special condition requires
the compliance to 14 CFR part 23, Sec. 23.961, fuel system hot weather
operation test temperature to be commensurate with the highest fuel
temperature expected at the maximum outside air temperature for which
approval is requested.
Type Certification Basis
Under the provisions of 14 CFR part 21, Sec. 21.17, Embraer S.A.
must show that the Model EMB-505 meets the applicable provisions of 14
CFR part 23, as amended by Amendments 23-1 through 23-55, thereto.
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 EMB-505 because of a novel
or unusual design feature, special conditions are prescribed under
Sec. 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-505 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 Sec. 611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
The FAA issues special conditions, as appropriate, as defined in
Sec. 11.19, under Sec. 11.38, and they become part of the type
certification basis under Sec. 21.17(a).
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 or similar
novel or unusual design feature, the special conditions would also
apply to the other model.
Novel or Unusual Design Features
The Model EMB-505 will incorporate the following novel or unusual
design features:
High Fuel Temperatures.
Applicability
As discussed above, these special conditions are applicable to the
Model EMB-505. Should Embraer S.A. apply later 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, Model EMB-505, of airplanes. It is not a rule of general
applicability, and it affects only the applicant who applied
[[Page 63970]]
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
0
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
0
Accordingly, the Federal Aviation Administration (FAA) issues the
following special conditions as part of the type certification basis
for the Embraer S.A. Model EMB-505 airplanes.
1. SC Sec. 23.961:
Instead of compliance with Sec. 23.961, the following apply:
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, the
initial temperature must be the highest fuel temperature expected at
the maximum outside air temperature for which approval is requested.
Issued in Kansas City, Missouri, on December 1, 2009.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-29053 Filed 12-4-09; 8:45 am]
BILLING CODE 4910-13-P