This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

28719 

Vol. 78, No. 95 

Thursday, May 16, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. FAA–2013–0413; Special 

Conditions No. 23–259–SC] 

Special Conditions: Cessna Aircraft 

Company, Model J182T; Diesel Cycle 

Engine Installation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Cessna Aircraft Company 

(Cessna) Model J182T airplane. This 

airplane will have a novel or unusual 

design feature(s) associated with the 

installation of an aircraft diesel engine 

(ADE). 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 May 8, 2013. We 

must receive your comments by June 17, 

2013. 

ADDRESSES: Send comments identified 

by docket number [FAA–2013–0413] 

using any of the following methods: 

b Federal eRegulations Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

b 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. 

b Hand Delivery or 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 8 

a.m., and 5 p.m., Monday through 

Friday, except Federal holidays. 

b 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: Mr. 

Peter Rouse, Federal Aviation 

Administration, Small Airplane 

Directorate, Aircraft Certification 

Service, 901 Locust, Room 301, Kansas 

City, MO 64106; telephone (816) 329– 

4135; facsimile (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 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 

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 

4:00 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. 

Background 

On April 2, 2012, Cessna applied for 

an amendment to Type Certificate No. 

3A13 to include the new Model J182T 

with the Societe de Motorisation 

Aeronautiques (SMA) Engines, Inc. 

SR305–230E–C1 which is a four-stroke, 

air cooled, diesel cycle engine that uses 

turbine (jet) fuel. The Model No. J182T, 

which is a derivative of the T182 

currently approved under Type 

Certificate No. 3A13, is an aluminum, 

four place, single engine airplane with 

a cantilever high wing, with the SMA 

SR305–230E–C1 diesel cycle engine and 

associated systems installed. 

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 

involving the application of a diesel 

cycle engine are: 

• The power characteristics of the 

engine, 

• the use of turbine fuel in an 

airplane class that is typically powered 

by gasoline fueled engines, 

• the vibration characteristics, both 

normal and with an inoperative 

cylinder, 

• anticipated use of an electronic 

engine control system, 


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28720 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 

• the appropriate limitations and 

indications for a diesel cycle engine, 

and 

• the failure modes of a diesel cycle 

engine. 

A historical record review 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 types of possible diesel 

engines and diesel engine installations. 

However, after reviewing the Cessna 

installation, the SMA engine type, the 

SMA engine requirements, and Policy 

Statement PS–ACE100–2002–004, the 

FAA proposes engine installation and 

fuel system special conditions. The 

SMA 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, 

Cessna must show that the J182T meets 

the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. 3A13 or the 

applicable regulations in effect on the 

date of application for the change to the 

model T182T. The regulations 

incorporated by reference in the type 

certificate are commonly referred to as 

the ‘‘original type certification basis.’’ In 

addition, the J182T certification basis 

includes special conditions and 

equivalent levels of safety. 

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 J182T 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 J182T 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 

they become part of the type 

certification basis under § 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 J182T will incorporate the 

following novel or unusual design 

features: 

The Installation of an ADE 

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 § 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 installation 

must be shown to be free of whirl mode 

flutter and also any one cylinder 

inoperative flutter effects. 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). In addition, 

the fuel flow requirements of § 23.955(c) 

are modified to be reflective of the 

diesel engine operating characteristics. 

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. 

Limitations and Indications 

Section 23.1305 will apply, except 

that the 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, as well as compliance 

to § 23.1557(c)(1)(ii) will be in lieu of 

§ 23.1557(c)(1)(i). 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

J182T. Should Cessna 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 airplane. It is not a rule of general 

applicability and affects only the 

applicant who applied to the FAA for 


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Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 28721 

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 21.101; 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 Cessna Model 

J182T airplanes. 

1. Engine torque (Provisions similar to 

§ 23.361(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. 

(2) 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 § 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— 

(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(c) 

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 

Flow (Compliance with § 23.955 

requirements): 

In place of § 23.955(c), the engine fuel 

system must provide at least 100 

percent of the fuel flow required by the 

engine, or the fuel flow required to 

prevent engine damage, if that flow is 

greater than 100 percent. The fuel flow 

rate must be available to the engine 

under each intended operating 

condition and maneuver. The 

conditions may be simulated in a 

suitable mockup. This flow must be 

shown in the most adverse fuel feed 

condition with respect to altitudes, 

attitudes, and any other condition that 

is expected in operation. 

6. 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 23–8C, Flight Test 

Guide for Certification of Part 23 

Airplanes. 

7. Powerplant—Fuel system—Fuel 

tank filler connection (Compliance with 

§ 23.973(f) requirements): 

In place of compliance with 

§ 23.973(e), 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. 

8. Powerplant—Fuel system—Fuel 

tank outlet (Compliance with 

§ 23.977(a)(2) requirements): 

In place of compliance with 

§ 23.977(a)(1), 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 


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28722 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 

powered airplanes, prevent the passage 

of any object that could restrict fuel flow 

or damage any fuel system component. 

9. 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) An oil quantity measuring device 

for each oil tank which meets the 

requirements of § 23.1337(d). 

(e) A tachometer indicating propeller 

speed. 

(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 either in percentage 

power, or through the use of manifold 

pressure. 

(h) Fuel temperature indicator. 

(i) Fuel flow indicator (engine fuel 

consumption). 

If percentage power is used in place 

of manifold pressure, compliance to 

§ 91.205 will be accomplished 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. 

10. Operating Limitations and 

Information—Powerplant limitations— 

Fuel grade or designation (Compliance 

with § 23.1521 requirements): 

All engine parameters that have limits 

specified by the engine manufacturer for 

takeoff or continuous operation must be 

investigated to ensure they remain 

within those limits throughout the 

expected flight and ground envelopes 

(e.g. maximum and minimum fuel 

temperatures, ambient temperatures, as 

applicable, etc.). This is in addition to 

the existing requirements specified by 

§ 23.1521(b) and (c). If any of those 

limits can be exceeded, there must be 

continuous indication to the flight crew 

of the status of that parameter with 

appropriate limitation markings. 

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 engine within the 

limitations in paragraphs (b) and (c) of 

§ 23.1521. 

11. Markings and Placards— 

Miscellaneous markings and placards— 

Fuel, and oil, filler openings 

(Compliance with § 23.1557(c)(1)(ii) 

requirements): 

Instead of compliance with 

§ 23.1557(c)(1)(i), 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. 

12. 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). 

13. 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, §§ 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. 

14. 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. 

15. 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 


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Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 28723 

eliminated. Minimization must be 

considered during initial design and not 

presented as an analysis after design 

completion. 

Issued in Kansas City, Missouri, on May 8, 

2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–11731 Filed 5–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0220; Directorate 

Identifier 2013–CE–002–AD; Amendment 

39–17451; AD 2013–09–09] 

RIN 2120–AA64 

Airworthiness Directives; Slingsby 

Sailplanes Ltd. Sailplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

all Slingsby Sailplanes Ltd. Models Dart 

T.51, Dart T.51/17, and Dart T.51/17R 

sailplanes equipped with aluminum 

alloy spar booms. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by an 

aviation authority of another country to 

identify and correct an unsafe condition 

on an aviation product. The MCAI 

describes the unsafe condition as an 

incident of glue joint failure on a 

starboard wing caused by water entering 

the area of the airbrake box that resulted 

in delamination and corrosion in the 

area of the aluminum alloy spar booms 

and the wing attach fittings. We are 

issuing this AD to require actions to 

address the unsafe condition on these 

products. 

DATES: This AD is effective June 20, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of June 20, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of December 14, 1998 (63 FR 

58624, November 2, 1998). 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

Docket Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

For service information identified in 

this AD, contact Slingsby Advanced 

Composites Ltd., Ings Lane, 

Kirkbymoorside, North Yorkshire, 

England YO62 6EZ; telephone: 

+44(0)1751 432474; Internet: None. You 

may review copies of the referenced 

service information at the FAA, Small 

Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329– 

4148. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 

329–4090; email: 

jim.rutherford@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on March 6, 2013 (78 FR 

14467), and proposed to supersede AD 

98–22–15, Amendment 39–10863 (63 

FR 58624, November 2, 1998). 

Since we issued AD 98–22–15, 

Amendment 39–10863 (63 FR 58624, 

November 2, 1998), Slingsby Aviation 

Ltd. has revised the related service 

information to remove the 5-year 

repetitive ‘‘cutout’’ inspection and to 

add a repetitive annual inspection using 

an endoscope. The endoscope 

inspection method would be done using 

existing drain holes in the lower wing 

skin. 

Using revised service information is 

mandatory within the United Kingdom 

airworthiness system. It is not necessary 

for the Civil Aviation Authority (CAA), 

which is the aviation authority for the 

United Kingdom, to issue an AD to 

mandate the use of new service 

information. 

AD action is the only way the FAA 

can mandate the use of new service 

information; however, owners/operators 

may request approval from the FAA to 

use an alternative method of compliance 

(AMOC). 

Several U.S. operators have 

complained that the repetitive 5-year 

‘‘cutout’’ inspection in the wooden wing 

skin, currently required by AD 98–22– 

15, Amendment 39–10863 (63 FR 

58624, November 2, 1998), was by 

default growing larger and larger with 

each inspection. 

We have determined that the current 

5-year repetitive ‘‘cutout’’ inspections 

will eventually weaken the wing 

structure and could result in an unsafe 

condition. We concur with the change 

to the annual endoscope inspection. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comments received. 

John Wells, Michael Hoke, Chad Croix 

Wille, and one anonymous commenter 

support the NPRM (78 FR 14467, March 

6, 2013). 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (78 FR 

14467, March 6, 2013) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (78 FR 14467, 

March 6, 2013). 

Costs of Compliance 

We estimate that this AD will affect 

10 products of U.S. registry. We also 

estimate that it will take about 40 workhours per product to comply with the 

initial inspection requirement retained 

from AD 98–22–15, Amendment 39– 

10863 (63 FR 58624, November 2, 1998) 

in this AD. The average labor rate is $85 

per work-hour. 

Based on these figures, we estimate 

the cost of the initial inspection 

required in this AD on U.S. operators to 

be $34,000, or $3,400 per product. 

We also estimate that it will take 

about 2 work-hours per product to 

comply with the new repetitive 

inspection requirement in this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of the new repetitive inspection 

required in this AD on U.S. operators to 

be $1,700, or $170 per product. 

We have no way of determining the 

number of repetitive inspections an 

owner/operator will incur over the life 

of the sailplane or the number of 

sailplanes that will need repairs. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 


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