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[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Rules and Regulations]
[Pages 54713-54715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22872]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2015-3678; Special Conditions No. 23-268-SC]

Special Conditions: Korea Aerospace Industries, Ltd., Model K-
100; Full Authority Digital Engine Control (FADEC) System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Korea Aerospace 
Industries, Ltd., Model K-100 airplane. This airplane will have a novel 
or unusual design feature(s) associated with the use of an electronic 
engine control system instead of a traditional mechanical control 
system. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for this design feature. These 
special conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

DATES: The effective date of these special conditions is September 11, 
2015.
    We must receive your comments by October 26, 2015.

[[Page 54714]]

ADDRESSES: Send comments identified by docket number FAA-2015-3678 
using any of the following methods:
    [ballot] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
    [ballot] Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
    [ballot] Hand Delivery of Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    [ballot] Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://regulations.gov, including any personal information 
the commenter provides. Using the search function of the docket Web 
site, anyone can find and read the electronic form of all comments 
received into any FAA docket, including the name of the individual 
sending the comment (or signing the comment for an association, 
business, labor union, etc.). DOT's complete Privacy Act Statement can 
be found in the Federal Register published on April 11, 2000 (65 FR 
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Pretz, Federal Aviation 
Administration, Small Airplane Directorate, Aircraft Certification 
Service, ACE-111, 901 Locust, Room 301, Kansas City, MO 64106; 
telephone (816) 329-3239, facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION: The FAA has determined, in accordance with 5 
U.S. Code Sec. Sec.  553(b)(3)(B) and 553(d)(3), that notice and 
opportunity for prior public comment hereon are unnecessary because the 
substance of this special condition 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.

------------------------------------------------------------------------
      Special condition number              Company/airplane model
------------------------------------------------------------------------
23-237-SC...........................  Spectrum Aeronautical Model S-40.
23-246-SC...........................  Cirrus Design Corporation Model
                                       SF50.
23-253-SC...........................  Diamond Aircraft industries Model
                                       DA-40NG.
------------------------------------------------------------------------

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 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.

Background

    On December 21, 2009, Korea Aerospace Industries, Ltd., applied for 
a type certificate for their new Model KC-100 airplane. The KC-100 is a 
normal category single engine four passenger composite low wing 
airplane with a maximum takeoff weight of 3600 pounds. It has fixed 
tricycle landing gear and is designed for both Visual Flight Rules 
(VFR) and Instrument Flight Rules (IFR) operations.
    The KC-100 will use an electronic engine control system (FADEC) 
instead of a traditional mechanical control system. The engine control 
system will be certificated as part of the engine; however, the 
installation of an engine with an electronic control system requires 
evaluation due to critical environmental effects and possible effects 
on or by other airplane electronic systems, shared engine and airplane 
data and power sources.
    The regulatory requirements in 14 CFR part 23 for evaluating the 
installation of complex systems, including electronic systems and 
critical environmental effects, are contained in Sec.  23.1309. When 
Sec.  23.1309 was developed, the use of electronic control systems for 
engines was not envisioned. Therefore, Sec.  23.1309 requirements were 
not applicable to systems certificated as part of the engine (reference 
Sec.  23.1309(f)(1)). Parts of the system that are not certificated 
with the engine could be evaluated using the criteria of Sec.  23.1309. 
However, the integral nature of these systems makes it unfeasible to 
evaluate the airplane portion of the system without including the 
engine portion of the system. In some cases, the airplane that the 
engine is used in will require a higher classification than the engine 
controls are certificated for; requiring the FADEC system to be 
analyzed at a higher classification. As of November 2005, FADEC special 
conditions mandated the classification for Sec.  23.1309 analyses for 
loss of FADEC control as catastrophic for any airplane using a FADEC. 
This is not to imply an engine failure is classified as catastrophic, 
but that the digital engine control must provide an equivalent 
reliability to mechanical engine controls.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Korea Aerospace Industries, 
Ltd., must show that the KC-100 meets the applicable provisions of part 
23, as amended by amendment 23-1 through 23-59, 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 KC-100 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 KC-100 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 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 defined in Sec.  11.19, under 
Sec.  11.38 and they become part of the type certification basis under 
Sec.  21.17(a)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, the special conditions would also apply to the 
other model under the provisions of Sec.  21.101(a)(1).

Novel or Unusual Design Features

    The KC-100 will incorporate the following novel or unusual design 
features: an electronic engine control.

Discussion

    The Model KC-100 makes use of an electronic engine control system 
instead of a traditional mechanical control system, which is considered 
a novel design for this type of airplane. The applicable airworthiness 
regulations do

[[Page 54715]]

not contain adequate or appropriate safety standards for this design 
feature. Maintaining a structured assessment to determine potential 
installation issues mitigates the concern that the addition of a full 
authority engine controller does not produce a failure condition not 
previously considered.

Applicability

    The special conditions are applicable to the KC-100. Should Korea 
Aerospace Industries, Ltd., 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 also apply to 
that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on the KC-100. It is not a rule of general applicability and 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, notice and opportunity 
for prior public comment hereon are unnecessary and the FAA finds good 
cause, in accordance with 5 U.S. Code Sec. Sec.  553(b)(3)(B) and 
553(d)(3), making these special conditions effective 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 Korea Aerospace Industries, Ltd., 
Model KC-100 airplanes.

1. Electronic Engine Control

    a. For electronic engine control system installations, it must be 
established that no single failure or malfunction or probable 
combinations of failures of Electronic Engine Control (EEC) system 
components will have an effect on the system, as installed in the 
airplane, that causes the Loss of Thrust Control (LOTC)/Loss of Power 
Control (LOPC) probability of the system to exceed those allowed in 
part 33 certification.
    b. EEC system installations must be evaluated for environmental and 
atmospheric conditions, including lightning. The EEC system lightning 
and high intensity radiated frequency effects that result during an 
LOTC/LOPC should be considered catastrophic.
    c. The components of the installation must be constructed, 
arranged, and installed so as to ensure their continued safe operation 
between normal inspections or overhauls.
    d. Functions incorporated into any EEC that make it part of any 
equipment, system or installation having functions beyond that of basic 
engine control, and may also introduce system failures and 
malfunctions, are not exempt from Sec.  23.1309 and must be shown to 
meet part 23 levels of safety as derived from Sec.  23.1309. Part 33 
certification data, if applicable, may be used to show compliance with 
any part 23 requirements. If part 33 data is to be used to substantiate 
compliance with part 23 requirements, then the part 23 applicant must 
be able to provide this data for their showing of compliance.

    Note: The term ``probable'' in the context of ``probable 
combination of failures'' does not have the same meaning as in AC 
23.13091D. The term ``probable'' in ``probable combination of 
failures'' means ``foreseeable,'' or not ``extremely improbable,'' 
as referenced in AC 23.1309-1D.

    Issued in Kansas City, Missouri on August 28, 2015.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-22872 Filed 9-10-15; 8:45 am]
 BILLING CODE 4910-13-P
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