Special Conditions: Diamond Aircraft Industry Model DA-40NG; Diesel Cycle Engine, 19903-19907 [2011-8547]
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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations
Decision and Order which granted to
the above 27 petitioners the requested
180-day extension of the compliance
date for recent amendments to the DOE
test procedure for residential furnaces
and boilers related to the standby mode
and off mode energy consumption of
these products.
Recently, DOE received a petition
dated February 17, 2011 from a 28th
manufacturer, Viessmann
Manufacturing Company, Inc., in which
the manufacturer also requested the
above-referenced 180-day extension.
Viessmann Manufacturing Company’s
petition recited many of the same
arguments as the earlier petitioners
regarding the undue hardship which the
petitioner would face if the requested
extension of the compliance date were
not granted. DOE has determined that
the petitioner has made its case and that
the extension should be granted for the
reasons stated in the March 31, 2011
Decision and Order.
II. Conclusion
Although DOE received this petition
well after February 17, 2011, the
Department believes a number of
factors, including international postal
handling and Federal mail security
screening, contributed to this delay in
receipt of the petition from this 28th
manufacturer. After review, DOE has
decided to grant the petition. Through
this correction notice, DOE is modifying
its Decision and Order to add
Viessmann Manufacturing Company,
Inc., to the list of companies to whom
the extension of the compliance date
has been granted.
Issued in Washington, DC, on April 5,
2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
[FR Doc. 2011–8572 Filed 4–8–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
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14 CFR Part 23
[Docket No. CE310; Special Conditions No.
23–250–SC
Special Conditions: Diamond Aircraft
Industry Model DA–40NG; Diesel Cycle
Engine
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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Final special conditions; request
for comments.
ACTION:
These special conditions are
issued for the Diamond Aircraft
Industry (DAI) GmbH model DA–40NG
the Austro Engine GmbH model E4
aircraft diesel engine (ADE) using
turbine (jet) fuel. This airplane will have
a novel or unusual design feature(s)
associated with the installation of a
diesel cycle engine utilizing turbine (jet)
fuel. 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 April 1, 2011.
We must receive your comments by
May 11, 2011.
ADDRESSES: Mail two copies of your
comments to: Federal Aviation
Administration, Regional Counsel,
ACE–7, Attn: Rules Docket No. CE310,
901 Locust, Kansas City, MO 64106.
You may deliver two copies to the
Regional Counsel at the above address.
Mark your comments: Docket No.
CE310. 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, Small Airplane
Directorate, Aircraft Certification
Service, 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 design approval 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.
SUMMARY:
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
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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
about 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 by 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 us to let you know we
received your comments on these
special conditions, send us a preaddressed, stamped postcard on which
the docket number appears. We will
stamp the date on the postcard and mail
it back to you.
Background
On May 11, 2010 Diamond Aircraft
Industry GmbH applied for an
amendment to Type Certificate No.
A47CE to include the new Model DA–
40NG with the Austro Engine GmbH
Model E4 ADE. The Model DA–40NG,
which is a derivative of the model DA–
40 currently approved under Type
Certificate No. A47CE, is a fully
composite, four place, single-engine
airplane with a cantilever low wing,
T-tail airplane with the Austro Engine
GmbH Model E4 diesel engine and an
increased maximum takeoff gross
weight from 1150 kilograms (kg) to 1280
kg (2535 pounds (lbs) to 2816 lbs).
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 involve
the power characteristics of the diesel
engines, the use of turbine fuel in an
airplane class that is typically powered
by gasoline fueled engines and the
vibration characteristics and failure
modes of diesel engines. A review of the
historical record 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
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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations
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types of possible diesel engines and
diesel engine installations. However,
after reviewing the DAI installation, the
Austro engine type, the Austro Control
GmbH (ACG) requirements, and Policy
Statement PS–ACE100–2002–004, the
FAA issues these fuel system and
engine related special conditions. The
Austro 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 § 21.101, DAI
must show that the model DA–40NG
meets the applicable provisions of the
regulations incorporated by reference in
Type Certificate No. A47CE or the
applicable regulations in effect on the
date of application for the change to the
model DA–40. The regulations
incorporated by reference in the type
certificate are commonly referred to as
the ‘‘original type certification basis.’’ In
addition, the certification basis includes
special conditions and equivalent levels
of safety for the following:
Special Conditions:
• Engine torque (Provisions similar to
§ 23.361, paragraphs (b)(1) and (c)(3)).
• Flutter (Compliance with § 23.629,
paragraphs (e)(1) and (2)).
• Powerplant—Installation
(Provisions similar to § 23.901(d)(1) for
turbine engines).
• Powerplant—Fuel System—Fuel
system with water saturated fuel
(Compliance with § 23.951
requirements).
• Powerplant—Fuel System—Fuel
system hot weather operation
(Compliance with § 23.961
requirements).
• Powerplant—Fuel system—Fuel
tank filler connection (Compliance with
§ 23.973(f) requirements).
• Powerplant—Fuel system—Fuel
tank outlet (Compliance with § 23.977
requirements).
• Equipment—General—Powerplant
Instruments (Compliance with § 23.1305
requirements).
• Operating Limitations and
Information—Powerplant limitations—
Fuel grade or designation (Compliance
with § 23.1521(d) requirements).
• Markings And Placards—
Miscellaneous markings and placards—
Fuel, oil, and coolant filler openings
(Compliance with § 23.1557(c)(1)
requirements).
• Powerplant—Fuel system—FuelFreezing.
• Powerplant Installation—Vibration
levels.
• Powerplant Installation—One
cylinder inoperative.
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• Powerplant Installation—High
Energy Engine Fragments.
Equivalent level of safety for:
• Cockpit controls—23.777(d)
• Motion and effect of cockpit
controls—23.779(b)
• Liquid Cooling—Installation—
23.1061
• Ignition switches—23.1145
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 DA–40NG because of a
novel or unusual design feature, special
conditions are prescribed under the
provisions of § 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the model DA–40NG 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 § 11.19, under § 11.38, and
become part of the type certification
basis in accordance with § 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 model DA–40NG will incorporate
the following novel or unusual design
features: Installation of the Austro
Engine GmbH Model E4 ADE diesel
engine utilizing turbine (jet) fuel.
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.
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• Limitations and Indications.
Installation and Vibration
Requirements: These special conditions
include requirements similar to the
requirements of § 23.901(d)(1) for
turbine engines. In addition to the
requirements of § 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 limit torque
design requirements as specified in
§ 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 § 23.951(c).
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
§ 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
§ 23.973(f) referring to turbine engines,
the applicant will comply with
§ 23.973(f).
Due to the use of turbine fuel, the
applicant will comply with
§ 23.977(a)(2), and § 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
§ 23.1305(c)(8).
Due to the use of turbine fuel, the
applicant must comply with
§ 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.
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Limitations and Indications
Section 23.1305(a) and § 23.1305(b)(2)
will apply, except that propeller
revolutions per minute (RPM) will be
displayed. Sections 23.1305(b)(4),
23.1305(b)(5), and 23.1305(b)(7) are
deleted. Additional 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 § 23.1521(d), as
applicable to fuel designation for
turbine engines, will apply.
Applicability
As discussed above, these special
conditions are applicable to the model
DA–40NG. Should DAI 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 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.
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.
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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.
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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 Diamond Aircraft
Industry GmbH Model DA–40NG with
the installation of the Austro Engine
GmbH Model E4 aircraft diesel engine.
1. Engine torque (Provisions similar to
§ 23.361, paragraphs (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.
(a) 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 § 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
§ 23.361(c). In other words, it must be
shown that the use of the factors listed
in § 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 § 23.629
(e)(1) and (e)(2) requirements):
The flutter evaluation of the airplane
done in accordance with 14 CFR 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 § 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—
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(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 § 23.951
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° 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 § 23.951(c) are
also considered acceptable for this
requirement.
5. Powerplant—Fuel System—Fuel
system hot weather operation
(Compliance with § 23.961
requirements):
In place of compliance with § 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 °F, ¥0°, +5° 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 23–8B, Flight Test
Guide for Certification of Part 23
Airplanes.
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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations
6. Powerplant—Fuel system—Fuel
tank filler connection (Compliance with
§ 23.973(f) requirements):
In place of compliance with
§ 23.973(e) and (f), 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.
7. Powerplant—Fuel system—Fuel
tank outlet (Compliance with § 23.977
requirements):
In place of compliance with
§ 23.977(a)(1) and (a)(2), 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.
8. Equipment—General—Powerplant
Instruments (Compliance with § 23.1305
and 91.205 requirements):
In place of compliance with
§ 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
§ 23.1337(b).
(b) An oil pressure indicator.
(c) An oil temperature indicator.
(d) A tachometer indicating propeller
speed.
(e) A coolant temperature indicator.
(f) An indicating means for the fuel
strainer or filter required by § 23.997 to
indicate the occurrence of
contamination of the strainer or filter
before it reaches the capacity
established in accordance with
§ 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, in percentage.
(h) Fuel temperature.
(i) Fuel flow (engine fuel
consumption).
In place of compliance to § 91.205,
comply with the following:
The diesel engine has no manifold
pressure gauge as required by § 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.
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9. Operating Limitations and
Information—Powerplant limitations—
Fuel grade or designation (Compliance
with § 23.1521(d) requirements):
Instead of compliance with
§ 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 engines within the
limitations in paragraphs (b) and (c) of
§ 23.1521.
10. Markings and Placards—
Miscellaneous markings and placards—
Fuel, oil, and coolant filler openings
(Compliance with § 23.1557(c)(1)
requirements):
Instead of compliance with
§ 23.1557(c)(1), 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.
11. Powerplant—Fuel system—FuelFreezing:
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).
12. 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
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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, §§ 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.
13. 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.
14. 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 nonintegral 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.
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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations
Issued in Kansas City, Missouri, on April
1, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–8547 Filed 4–8–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9522]
RIN 1545–BG94
Clarification of Controlled Group
Qualification Rules
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulation.
AGENCY:
This document contains a
final regulation that applies to a
controlled group of corporations. The
regulation clarifies that a corporation
that satisfies the controlled group rules
for stock ownership and qualification is
a member of such group, without regard
to its status as a component member.
DATES:
Effective Date: This regulation is
effective on April 11, 2011.
Applicability Date: For date of
applicability, see § 1.1563–1(e).
FOR FURTHER INFORMATION CONTACT: Grid
Glyer (202) 622–7930 (not a toll-free
number).
SUMMARY:
SUPPLEMENTARY INFORMATION:
WReier-Aviles on DSKGBLS3C1PROD with RULES
Background and Explanation of
Provisions
This document contains an
amendment to 26 CFR part 1. On
September 29, 2009, a notice of
proposed rulemaking (NPRM) regarding
the controlled group qualification rules
under § 1.1563–1 was published in the
Federal Register (REG–135005–07; 74
FR 49829). The NPRM proposed to
amend § 1.1563–1 to clarify that a
corporation described in section 1563(b)
as an excluded member of a controlled
group of corporations is nevertheless a
member of the group. The NPRM further
proposed to add an example
demonstrating that a controlled group of
corporations can consist solely of
excluded members.
One comment was received and no
public hearing was requested or held.
The public comment concerned the
treatment of gross receipts between
members of a controlled group of
corporations for purposes of section 41,
VerDate Mar<15>2010
13:05 Apr 08, 2011
Jkt 223001
which provides a tax credit to taxpayers
for increasing their research activities.
In particular, the comment refers to CCA
200233011, dated May 1, 2002. In that
CCA, the IRS Office of Chief Counsel
concluded first that a domestic
corporation and its majority-owned
foreign subsidiaries should be treated as
a single taxpayer for purposes of
sections 41(f)(1)(A)(i), 41(f)(5) and
1563(a) because they were members of
the same controlled group of
corporations even though the foreign
subsidiaries were treated as excluded
members of the group.
Second, the IRS Office of Chief
Counsel concluded that, given the
particular facts and circumstances of
that case, the taxpayer should exclude
sales to its majority-owned foreign
subsidiaries when computing gross
receipts for purposes of determining its
base amount under section 41(c). The
commenter requested guidance on the
facts and circumstances that caused the
IRS Office of Chief Counsel to exclude
such sales in computing gross receipts.
The IRS and the Treasury Department
believe that the requested guidance is
outside the scope of the NPRM, which
only involves the first issue addressed
in the CCA, and is consistent with the
conclusion of the CCA on that issue.
However, the final regulation makes
one clarifying change. Paragraph
(a)(1)(ii) of the proposed regulation
states that in determining whether a
corporation is included in a controlled
group of corporations, section 1563(b)
shall not be taken into account. Section
1563(b) defines a component member,
including an excluded member and an
additional member. Paragraph (a)(1)(ii)
as now revised will also provide that the
underlying regulation, § 1.1563–1(b),
which defines a component member,
shall not be taken into account in
determining the members of a
controlled group.
Special Analyses
It has been determined that this
regulation is not a significant regulatory
action as defined in Executive Order
12866. Therefore, a regulatory
assessment is not required. It also has
been determined that section 553(b) of
the Administrative Procedure Act (5
U.S.C. chapter 5) does not apply to this
regulation and because this regulation
does not impose a collection of
information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) this regulation has been
submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on its
impact on small business.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
19907
Drafting Information
The principal author of this regulation
is Grid Glyer of the Office of Associate
Chief Counsel (Corporate). However,
other personnel from the IRS and the
Treasury Department participated in its
development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.1563–1 is amended
by:
■ 1. Redesignating paragraph (a)(1)(ii) as
paragraph (a)(1)(iii) and adding new
paragraph (a)(1)(ii).
■ 2. Adding Example 4 to paragraph
(b)(4).
■ 3. Adding a sentence at the end of
paragraph (e).
The additions read as follows:
■
§ 1.1563–1 Definition of controlled group
of corporations and component members
and related concepts.
(a) * * *
(1) * * *
(ii) Special rules. In determining
whether a corporation is included in a
controlled group of corporations,
section 1563(b) and paragraph (b) of this
section shall not be taken into account.
For rules defining a component member
of a controlled group of corporations,
including rules defining an excluded
member and an additional member, see
section 1563(b) and paragraph (b) of this
section.
*
*
*
*
*
(b) * * *
(4) * * *
Example 4. Individual A owns all of the
stock of corporations X, Y and Z. Each of
these corporations is an S corporation. X, Y,
and Z are each members of a brother-sister
controlled group, even though each such
corporation is treated as an excluded member
of such group. See § 1.1563–1(b)(2)(ii)(C).
*
*
*
*
*
(e) Effective/Applicability date. * * *
Paragraph (a)(1)(ii) of this section
E:\FR\FM\11APR1.SGM
11APR1
]]>Agencies
[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Rules and Regulations]
[Pages 19903-19907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8547]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE310; Special Conditions No. 23-250-SC
Special Conditions: Diamond Aircraft Industry Model DA-40NG;
Diesel Cycle Engine
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Diamond Aircraft
Industry (DAI) GmbH model DA-40NG the Austro Engine GmbH model E4
aircraft diesel engine (ADE) using turbine (jet) fuel. This airplane
will have a novel or unusual design feature(s) associated with the
installation of a diesel cycle engine utilizing turbine (jet) fuel. 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 April 1, 2011.
We must receive your comments by May 11, 2011.
ADDRESSES: Mail two copies of your comments to: Federal Aviation
Administration, Regional Counsel, ACE-7, Attn: Rules Docket No. CE310,
901 Locust, Kansas City, MO 64106. You may deliver two copies to the
Regional Counsel at the above address. Mark your comments: Docket No.
CE310. 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, Small Airplane Directorate, Aircraft Certification
Service, 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 design
approval 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
about 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 by 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 us to let you know we received your comments on these
special conditions, send us 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.
Background
On May 11, 2010 Diamond Aircraft Industry GmbH applied for an
amendment to Type Certificate No. A47CE to include the new Model DA-
40NG with the Austro Engine GmbH Model E4 ADE. The Model DA-40NG, which
is a derivative of the model DA-40 currently approved under Type
Certificate No. A47CE, is a fully composite, four place, single-engine
airplane with a cantilever low wing, T-tail airplane with the Austro
Engine GmbH Model E4 diesel engine and an increased maximum takeoff
gross weight from 1150 kilograms (kg) to 1280 kg (2535 pounds (lbs) to
2816 lbs).
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 involve the power characteristics of
the diesel engines, the use of turbine fuel in an airplane class that
is typically powered by gasoline fueled engines and the vibration
characteristics and failure modes of diesel engines. A review of the
historical record 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
[[Page 19904]]
types of possible diesel engines and diesel engine installations.
However, after reviewing the DAI installation, the Austro engine type,
the Austro Control GmbH (ACG) requirements, and Policy Statement PS-
ACE100-2002-004, the FAA issues these fuel system and engine related
special conditions. The Austro 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, DAI must show that the model
DA-40NG meets the applicable provisions of the regulations incorporated
by reference in Type Certificate No. A47CE or the applicable
regulations in effect on the date of application for the change to the
model DA-40. The regulations incorporated by reference in the type
certificate are commonly referred to as the ``original type
certification basis.'' In addition, the certification basis includes
special conditions and equivalent levels of safety for the following:
Special Conditions:
Engine torque (Provisions similar to Sec. 23.361,
paragraphs (b)(1) and (c)(3)).
Flutter (Compliance with Sec. 23.629, paragraphs (e)(1)
and (2)).
Powerplant--Installation (Provisions similar to Sec.
23.901(d)(1) for turbine engines).
Powerplant--Fuel System--Fuel system with water saturated
fuel (Compliance with Sec. 23.951 requirements).
Powerplant--Fuel System--Fuel system hot weather operation
(Compliance with Sec. 23.961 requirements).
Powerplant--Fuel system--Fuel tank filler connection
(Compliance with Sec. 23.973(f) requirements).
Powerplant--Fuel system--Fuel tank outlet (Compliance with
Sec. 23.977 requirements).
Equipment--General--Powerplant Instruments (Compliance
with Sec. 23.1305 requirements).
Operating Limitations and Information--Powerplant
limitations--Fuel grade or designation (Compliance with Sec.
23.1521(d) requirements).
Markings And Placards--Miscellaneous markings and
placards--Fuel, oil, and coolant filler openings (Compliance with Sec.
23.1557(c)(1) requirements).
Powerplant--Fuel system--Fuel-Freezing.
Powerplant Installation--Vibration levels.
Powerplant Installation--One cylinder inoperative.
Powerplant Installation--High Energy Engine Fragments.
Equivalent level of safety for:
Cockpit controls--23.777(d)
Motion and effect of cockpit controls--23.779(b)
Liquid Cooling--Installation--23.1061
Ignition switches--23.1145
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 DA-40NG 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 DA-40NG 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 become part of the type certification basis in
accordance with 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 model DA-40NG will incorporate the following novel or unusual
design features: Installation of the Austro Engine GmbH Model E4 ADE
diesel engine utilizing turbine (jet) fuel.
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 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).
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.
[[Page 19905]]
Limitations and Indications
Section 23.1305(a) and Sec. 23.1305(b)(2) will apply, except that
propeller revolutions per minute (RPM) will be displayed. Sections
23.1305(b)(4), 23.1305(b)(5), and 23.1305(b)(7) are deleted. Additional
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, will
apply.
Applicability
As discussed above, these special conditions are applicable to the
model DA-40NG. Should DAI 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 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.
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, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Diamond Aircraft Industry GmbH Model
DA-40NG with the installation of the Austro Engine GmbH Model E4
aircraft diesel engine.
1. Engine torque (Provisions similar to Sec. 23.361, paragraphs
(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.
(a) 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 14
CFR 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 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 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 23-8B, Flight Test Guide
for Certification of Part 23 Airplanes.
[[Page 19906]]
6. Powerplant--Fuel system--Fuel tank filler connection (Compliance
with Sec. 23.973(f) requirements):
In place of compliance with Sec. 23.973(e) and (f), 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.
7. Powerplant--Fuel system--Fuel tank outlet (Compliance with Sec.
23.977 requirements):
In place of compliance with Sec. 23.977(a)(1) and (a)(2), 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.
8. Equipment--General--Powerplant Instruments (Compliance with
Sec. 23.1305 and 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) A tachometer indicating propeller speed.
(e) A coolant temperature indicator.
(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, in percentage.
(h) Fuel temperature.
(i) Fuel flow (engine fuel consumption).
In place of compliance to Sec. 91.205, comply 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.
9. Operating Limitations and Information--Powerplant limitations--
Fuel grade or designation (Compliance with Sec. 23.1521(d)
requirements):
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
engines within the limitations in paragraphs (b) and (c) of Sec.
23.1521.
10. Markings and Placards--Miscellaneous markings and placards--
Fuel, oil, and coolant filler openings (Compliance with Sec.
23.1557(c)(1) requirements):
Instead of compliance with Sec. 23.1557(c)(1), 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.
11. 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).
12. 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.
13. 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.
14. 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.
[[Page 19907]]
Issued in Kansas City, Missouri, on April 1, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-8547 Filed 4-8-11; 8:45 am]
BILLING CODE 4910-13-P
