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[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Rules and Regulations]
[Pages 47423-47424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19913]

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Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Rules 
and Regulations

[[Page 47423]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 33

[ANE-2010-33.7-5A]

Aviation Fuel and Oil Operating Limitations; Policy Memorandum

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Issuance of policy memorandum.

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

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

FOR FURTHER INFORMATION CONTACT: Mark Rumizen, FAA, Engine and 
Propeller Standards Staff, ANE-111, 12 New England Executive Park, 
Burlington, MA 01803; e-mail: mark.rumizen@faa.gov; telephone: (781) 
238-7113; fax: (781) 238-7199. The policy statement is available on the 
Internet at the following address:  http://www.airweb.faa.gov/rgl. If 
you do not have access to the Internet, you may request a copy of the 
policy by contacting the individual listed in this section.

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

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

[[Page 47424]]

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