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

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

50313 

Vol. 78, No. 160 

Monday, August 19, 2013 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 73 

RIN 3150–AI64 

[NRC–2009–0163] 

Physical Protection of Irradiated 

Reactor Fuel in Transit 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Orders; rescission. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is rescinding EA– 

02–109, ‘‘Issuance of Order for Interim 

Safeguards and Security Compensatory 

Measures for the Transportation of 

Spent Nuclear Fuel [SNF] Greater than 

100 Grams,’’ dated October 10, 2002, 

and subsequent similar security orders 

issued to licensees shipping SNF during 

the period of October 2003 through 

December 2010. These orders are 

collectively referred to as the ‘‘SNF 

Transportation Orders.’’ The SNF 

Transportation Orders are being 

rescinded because the NRC published a 

final rule, ‘‘Physical Protection of 

Irradiated Fuel in Transit,’’ on May 20, 

2013, amending its regulations to 

incorporate the security requirements in 

the SNF Transportation Orders and 

lessons learned from implementation of 

the SNF Transportation Orders. 

DATES: Effective August 19, 2013, the 

NRC hereby rescinds EA–02–109, dated 

October 10, 2002, and subsequent 

similar security orders issued to 

licensees shipping SNF during the 

period of October 2003 through 

December 2010. 

ADDRESSES: Please refer to Docket ID 

NRC–2009–0163 when contacting the 

NRC about the availability of 

information for this action. You may 

access publically-available information 

related to this action by the following 

methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2009–0163. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Uman ̃ a, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington DC 20555–0001; telephone: 

301–287–9226, email: Jessica.Umana@

nrc.gov. 

SUPPLEMENTARY INFORMATION: The NRC 

issued the SNF Transportation Orders to 

certain NRC power plant licensees, nonpower reactor licensees, special nuclear 

material licensees, and independent 

spent fuel storage installation licensees, 

who shipped, received, or planned to 

ship or receive SNF under the 

provisions of Part 71 of Title 10 of the 

Code of Federal Regulations (10 CFR). 

The Commission issued the SNF 

Transportation Orders during the period 

from October 2002, through December 

2010. The SNF Transportation Orders 

were issued as immediately effective 

under the NRC’s authority to protect the 

common defense and security pursuant 

to the provisions of the Atomic Energy 

Act, and the Commission’s regulations 

in 10 CFR 2.202 and 10 CFR Parts 50, 

70, 71, and 72. The requirements 

established by the SNF Transportation 

Orders supplemented the existing 

regulatory requirements for the 

shipment of SNF at the time. These 

additional security requirements were 

primarily intended to ensure that SNF 

was shipped in a manner that protects 

the common defense and security, and 

the public health and safety. 

On May 20, 2013 (78 FR 29520), the 

NRC published the final rule for 10 CFR 

73.37, ‘‘Physical Protection of Irradiated 

Reactor Fuel in Transit’’ (RIN 3150– 

AI64; NRC–2009–0163). The final rule 

incorporates the security requirements 

in the SNF Transportation Orders as 

well as lessons learned from the 

implementation of the SNF 

Transportation Orders. The final rule 

becomes effective on August 19, 2013, 

and establishes the acceptable 

performance standards and objectives 

for the protection of SNF shipments 

greater than 100 grams from theft, 

diversion, or radiological sabotage. The 

requirements in the final rule capture 

and make generically applicable the 

security requirements in the SNF 

Transportation Orders. 

Dated at Rockville, Maryland, this 12th day 

of August, 2013. 

For the Nuclear Regulatory Commission. 

Eric J. Leeds, 

Director, Office of Nuclear Reactor 

Regulation. 

Catherine Haney, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 2013–19978 Filed 8–16–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

Final Additional Airworthiness Design 

Standards: Night Visual Flight Rules 

(VFR) Under the Special Class (JAR– 

VLA) Regulations; AQUILA Aviation by 

Excellence GmbH, Model AT01 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Issuance of airworthiness design 

standards. 

SUMMARY: This document is an issuance 

of Final Airworthiness design criteria 

for night visual flight rules (VFR) 

expansion and substantiation for the 


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50314 Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Rules and Regulations 

Aquila GmbH AT01. These additional 

provisions are expansions of the 

existing JAR–VLA (Joint Aviation 

Requirements—Very Light Aircraft) and 

CS–VLA regulations to include NightVFR. The current regulations only allow 

Day–VFR, but the European Aviation 

Safety Agency (EASA) is expanding the 

VLA regulations for this type of airplane 

through EASA special conditions. These 

FAA design criteria are being proposed 

to be the same as the EASA Special 

Conditions. The original certification of 

the aircraft was done under the 

provisions of 14 CFR part 21, § 21.29, as 

a 14 CFR part 21, § 21.17(b), special 

class aircraft, JAR–VLA, using the 

requirements of JAR–VLA Amendment 

VLA/92/01 as developed by the Joint 

Aviation Authority, and under Title 14 

of the Code of Federal Regulations and 

two additional design criteria issued on 

September 2, 2003 (68 FR 56809). 

DATES: Effective September 18, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Doug Rudolph, Aerospace Engineer, 

Standards Office (ACE–112), Small 

Airplane Directorate, Aircraft 

Certification Service, FAA; telephone 

number (816) 329–4059, fax number 

(816) 329–4090, email at doug.rudolph@

faa.gov. 

SUPPLEMENTARY INFORMATION: Any 

person may obtain a copy of this 

information by contacting the person 

named above under FOR FURTHER

INFORMATION CONTACT. 

Background 

The regulation applicable to the 

Amended Type Certificate (TC) NightVFR approval is § 21.17(b). This section 

describes the regulatory basis for the 

approval of JAR–VLA and CS–VLA 

aircraft as a special class. Policy on this 

subject includes AC 23–11B and AC 

21.17–3. 

Airworthiness rules that are 

applicable to this Night-VFR approval 

are §§ 23.1381 through 23.1397 and 

23.1401. 

FAA policy expressed in ACs 23–11B 

and 21.17–3 limits JAR–VLA and CS– 

VLA aircraft approved under § 21.17(b), 

to Day-VFR operations. Part 23 

certification was required for Night-VFR 

approval because the VLA rules were 

not adequate to address Night-VFR 

operations. Since publishing these 

advisory circulars, EASA has developed 

special conditions to CS–VLA that are 

adequate to allow Night-VFR approvals. 

If the applicant complies with the 

applicable airworthiness rules in CS– 

VLA and the EASA special conditions, 

the previous policy disallowing NightVFR is no longer valid. 

Airplanes approved as special class 

under § 21.17(b) may be type 

certificated as both Day-VFR and NightVFR if the certification includes the 

required instrumentation and 

equipment specified in 14 CFR 91.205, 

and the certification basis includes the 

applicable rules of CS–VLA at date of 

application and the appropriate EASA 

special conditions. 

The FAA has concluded that it is 

acceptable to allow Night-VFR 

certification for the Aquila Model AT01 

and future JAR–VLA (CS–VLA) models 

under the special class amended TC 

project AT00617CE–A. Revisions to ACs 

23–11B and 21.17–3 will be made to 

allow this expansion to Night-VFR on 

other JAR–VLA (CS–VLA) airplanes. 

Discussion of Comments 

Existence of proposed airworthiness 

standards for acceptance under 14 CFR 

part 21, § 21.17(b), special class aircraft, 

JAR–VLA; the AQUILA Model AT01 

was published in the Federal Register 

on Friday May 31, 2013, 78 FR 32576. 

No comments were received, and the 

airworthiness design standards are 

adopted. 

Applicability 

As discussed above, these 

airworthiness design standards under 

the special class, JAR–VLA rule are 

applicable to the Aquila AT01 model 

and future JAR–VLA (CS–VLA) models 

on FAA TCDS A51CE. 

Conclusion 

This action affects only certain 

airworthiness design standards on 

Aquila AT01 model and future JAR– 

VLA model airplanes shown on FAA 

TCDS A51CE. It is not a standard of 

general applicability and it affects only 

the applicant who applied to the FAA 

for approval of these features on the 

airplane. 

Citation 

The authority citation for these 

airworthiness standards is as follows: 

Authority: 49 U.S.C. 106(g), 40113 and 

44701. 

To satisfy the additional required 

provisions of ‘‘Proposed Airworthiness 

Design Standards: Night visual flight 

rules (VFR) Under the Special Class 

(JAR–VLA) Regulations of 14 CFR 

21.17(b); AQUILA Aviation by 

Excellence GmbH, Model AT01’’, the 

applicant, AQUILA, has submitted a 

request to the FAA to use the EASA 

Special Conditions as shown on EASA 

Certification Review Item (CRI) A–01 

Issue 3, Appendix 1, dated October 3, 

2010 ‘‘EASA Special Condition 

Airworthiness standards for CS–VLA 

aeroplane to be operated under NightVFR operations. Applicable to AQUILA 

AT01’’ as follows: 

Appendix 1 

Special Condition 

Airworthiness Standards for CS–VLA 

Aeroplane To Be Operated Under Night-VFR 

Operations 

Applicable to AQUILA AT01 

Instead of VLA 1, VLA 181, VLA 773, VLA 

807, VLA 903, VLA 905, VLA 1121, VLA 

1143, VLA 1147, VLA 1322, VLA 1325, VLA 

1331, VLA 1351, VLA 1353, VLA 1431, VLA 

1547, VLA 1559, VLA 1583 and due to 

absence of specific requirements in CS–VLA 

(VLA 1107, VLA 1381, VLA 1383) the 

following proposed Special Conditions have 

to be complied with: 

SpC VLA 1 Applicability 

This airworthiness code is applicable to 

aeroplanes with a single engine (spark- or 

compression-ignition) having not more than 

two seats, with a Maximum Certificated 

Take-off Weight of not more than 750 kg and 

a stalling speed in the landing configuration 

of not more than 83 km/h (45 knots) (CAS), 

to be approved for day-VFR or for day- and 

night VFR. (See AMC VLA 1.) 

SpC VLA 181 Dynamic Stability 

(a) Any short period oscillation not 

including combined lateral-directional 

oscillations occurring between the stalling 

speed and the maximum allowable speed 

appropriate to the configuration of the 

aeroplane must be ‘heavily damped with the 

primary controls— 

(1) Free; and 

(2) In a fixed position 

(b) Any combined lateral-directional 

oscillations (‘Dutch roll’) occurring between 

the stalling speed and the maximum 

allowable speed appropriate to the 

configuration of the aeroplane must be 

damped to 1/10 amplitude in 7 cycles with 

the primary controls— 

(1) Free; and paragraph must be shown 

under the following 

(2) In a fixed position. 

(c) Any long period oscillation of the flight 

path (phugoid) must not be so unstable as to 

cause an unacceptable increase in pilot 

workload or otherwise endanger the 

aeroplane. When in the conditions of CS VLA 

175, the longitudinal control force required 

to maintain speeds differing from the 

trimmed speed by at least plus or minus 15% 

is suddenly released; the response of the 

aeroplane must not exhibit any dangerous 

characteristics nor be excessive in relation to 

the magnitude of the control force released 

(see AMC VLA 181(c)). 

SpC VLA 773 Pilot Compartment View 

The pilot compartment must be free from 

glare and reflections that could interfere with 

the pilot’s vision in all operations for which 

the certification is requested. The pilot 

compartment must be designed so that— 

(a) The pilot’s view is sufficiently 

extensive, clear, and undistorted, for safe 

operation; 


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(b) The pilot is protected from the elements 

so that moderate rain conditions do not 

unduly impair his view of the flight path in 

normal flight and while landing; and 

(c) Internal fogging of the windows covered 

under sub-paragraph (a) of this paragraph can 

be easily cleared by the pilot unless means 

are provided to prevent fogging. (See AMC 

VLA773.) 

SpC VLA807 Emergency Exits 

(a) Where exits are provided to achieve 

compliance with CS–VLA 783(a), the 

opening system must be designed for simple 

and easy operation. It must function rapidly 

and be designed so that it can be operated by 

each occupant strapped in his seat, and also 

from outside the cockpit. Reasonable 

provisions must be provided to prevent 

jamming by fuselage deformation. 

(b) Markings must be suitable for night 

VFR, if this kind of operation is requested. 

(See AMC VLA 807(b)) 

SpC VLA903 Engine 

(a) The engine must meet the specifications 

of CS–22 Subpart H for day-VFR operation, 

and must meet the Specification of CS–E for 

night-VFR operation. 

(b) Restart capability. An altitude and 

airspeed envelope must be established for the 

aeroplane for in-flight engine restarting and 

the installed engine must have a restart 

capability within that envelope. 

SpC VLA 905 Propeller 

(a) The propeller must meet the 

specifications of CS–22 Subpart J for dayVFR operation. For night-VFR operations the 

Propeller and the Control System must meet 

the Specification of CS–P except for fixed 

pitch propellers, for which CS–22 Subpart J 

is sufficient. 

(b) Engine power and propeller shaft 

rotational speed may not exceed the limits 

for which the propeller is certificated or 

approved. 

SpC VLA 1107 Induction System Filters 

On reciprocating-engine installations, if an 

air filter is used to protect the engine against 

foreign material particles in the induction air 

supply— 

(a) Each air filter must be capable of 

withstanding the effects of temperature 

extremes, rain, fuel, oil, and solvents to 

which it is expected to be exposed in service 

and maintenance; and 

(b) Each air filter must have a design 

feature to prevent material separated from the 

filter media from re-entering the induction 

system and interfering with proper fuel 

metering operation. 

SpC VLA 1121 Exhaust System: General 

(a) Each exhaust system must ensure safe 

disposal of exhaust gases without fire hazard 

or carbon monoxide contamination in the 

personnel compartment. 

(b) Each exhaust system part with a surface 

hot enough to ignite flammable fluids or 

vapours must be located or shielded so that 

leakage from any system carrying flammable 

fluids or vapours will not result in a fire 

caused by impingement of the fluids or 

vapours on any part of the exhaust system 

including shields for the exhaust system. 

(c) Each exhaust system component must 

be separated by fireproof shields from 

adjacent flammable parts of the aeroplane 

that are outside the engine compartment. 

(d) No exhaust gases may discharge 

dangerously near any fuel or oil system 

drain. 

(e) No exhaust gases may be discharged 

where they will cause a glare seriously 

affecting the pilot’s vision at night. 

(f) Each exhaust system component must 

be ventilated to prevent points of excessively 

high temperature. 

(g) Each exhaust heat exchanger must 

incorporate means to prevent blockage of the 

exhaust port after any internal heat 

exchanger failure. 

SpC VLA 1143 Engine Controls 

(a) The power or supercharger control must 

give a positive and immediate responsive 

means of controlling its engine or 

supercharger. 

(b) If a power control incorporates a fuel 

shut-off feature, the control must have a 

means to prevent the inadvertent movement 

of the control into the shut-off position. The 

means must— 

(1) Have a positive lock or stop at the idle 

position; and 

(2) Require a separate and distinct 

operation to place the control in the shut-off 

position. 

(c) For reciprocating single-engine 

aeroplanes, each power or thrust control 

must be designed so that if the control 

separates at the engine fuel metering device, 

the aeroplane is capable of continuing safe 

flight and landing. (See AMC VLA 1143(c)). 

SpC VLA 1147 Mixture Control 

(a) The Control must require a separate and 

distinct operation to move the control toward 

lean or shut-off position. 

(b) Each manual engine mixture control 

must be designed so that, if the control 

separates at the engine fuel metering device, 

the aeroplane is capable of continuing safe 

flight and landing. (See AMC VLA 1147(b)). 

SpC VLA 1322 Warning, Caution, and 

Advisory Lights 

If warning, caution, or advisory lights are 

installed in the cockpit, they must be— 

(a) Red, for warning lights (lights 

indicating a hazard which may require 

immediate corrective action); 

(b) Amber, for caution lights (lights 

indicating the possible need for future 

corrective action); 

(c) Green, for safe operation lights; and 

(d) Any other colour, including white, for 

lights not described in sub-paragraphs (a) to 

(c) of this paragraph, provided the colour 

differs sufficiently from the colours 

prescribed in subparagraphs (a) to (c) of this 

paragraph to avoid possible confusion. 

(e) Effective under all probable cockpit 

lighting conditions. 

SpC VLA 1325 Static Pressure System 

(a) Each instrument provided with static 

pressure case connections must be so vented 

that the influence of aeroplane speed, the 

opening and closing of windows, moisture or 

other foreign matter, will not significantly 

affect the accuracy of the instruments. 

(b) The design and installation of a static 

pressure system must be such that— 

(1) Positive drainage of moisture is 

provided; 

(2) Chafing of the tubing, and excessive 

distortion or restriction at bends in the 

tubing, is avoided; and 

(3) The materials used are durable, suitable 

for the purpose intended, and protected 

against corrosion. 

(c) Each static pressure system must be 

calibrated in flight to determine the system 

error. The system error, in indicated pressure 

altitude, at sea-level, with a standard 

atmosphere, excluding instrument calibration 

error, may not exceed ±9 m (±30 ft) per 185 

km/h (100 knot) speed for the appropriate 

configuration in the speed range between 1·3 

VSO with flaps extended and 1·8 VS1 with 

flaps retracted. However, the error need not 

be less than ±9 m (±30 ft). 

SpC VLA 1331 Instruments Using a Power 

Supply 

For each aeroplane— 

(a) Each gyroscopic instrument must derive 

its energy from power sources adequate to 

maintain its required accuracy at any speed 

above the best rate-of-climb speed; 

(b) Each gyroscopic instrument must be 

installed so as to prevent malfunction due to 

rain, oil and other detrimental elements; and 

(c) There must be a means to indicate the 

adequacy of the power being supplied to the 

instruments. 

(d) For night VFR operation there must be 

at least two independent sources of power 

and a manual or an automatic means to select 

each power source for each instrument that 

uses a power source. 

SpC VLA 1351 Electrical Systems and 

Equipment: General 

(a) Electrical system capacity. Each 

electrical system must be adequate for the 

intended use. In addition— 

(1) Electric power sources, their 

transmission cables, and their associated 

control and protective devices, must be able 

to furnish the required power at the proper 

voltage to each load circuit essential for safe 

operation; and 

(2) Compliance with sub-paragraph (a)(l) of 

this paragraph must be shown by an 

electrical load analysis, or by electrical 

measurements, that account for the electrical 

loads applied to the electrical system in 

probable combinations and for probable 

durations. 

(b) Functions. For each electrical system, 

the following apply: 

(1) Each system, when installed, must be— 

(i) Free from hazards in itself, in its method 

of operation, and in its effects on other parts 

of the aeroplane; 

(ii) Protected from fuel, oil, water, other 

detrimental substances, and mechanical 

damage; and 

(iii) So designed that the risk of electrical 

shock to occupants and ground personnel is 

reduced to a minimum. 

(2) Electric power sources must function 

properly when connected in combination or 

independently. 

(3) No failure or malfunction of any electric 

power source may impair the ability of any 


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remaining source to supply load circuits 

essential for safe operation. 

(4) Each electric power source control must 

allow the independent operation of each 

source, except that controls associated with 

alternators that depend on a battery for initial 

excitation or for stabilisation need not break 

the connection between the alternator and its 

battery. 

(c) Generating system. There must be at 

least one generator if the electrical system 

supplies power to load circuits essential for 

safe operation. In addition— 

(1) Each generator must be able to deliver 

its continuous rated power; 

(2) Generator voltage control equipment 

must be able to dependably regulate the 

generator output within rated limits; 

(3) Each generator must have a reverse 

current cut out designed to disconnect the 

generator from the battery and from the other 

generators when enough reverse current 

exists to damage that generator; 

(4) There must be a means to give 

immediate warning to the pilot of a failure 

of any generator; and 

(5) Each generator must have an 

overvoltage control designed and installed to 

prevent damage to the electrical system, or to 

equipment supplied by the electrical system, 

that could result if that generator were to 

develop an overvoltage condition. 

(d) Instruments. There must be a means to 

indicate to the pilot that the electrical power 

supplies are adequate for safe operation. For 

direct current systems, an ammeter in the 

battery feeder may be used. 

(e) Fire resistance. Electrical equipment 

must be so designed and installed that in the 

event of a fire in the engine compartment, 

during which the surface of the firewall 

adjacent to the fire is heated to 1100 °C for 

5 minutes or to a lesser temperature 

substantiated by the applicant, the 

equipment essential to continued safe 

operation and located behind the firewall 

will function satisfactorily and will not 

create an additional fire hazard. This may be 

shown by test or analysis. 

(f) External power. If provisions are made 

for connecting external power to the 

aeroplane, and that external power can be 

electrically connected to equipment other 

than that used for engine starting, means 

must be provided to ensure that no external 

power supply having a reverse polarity, or a 

reverse phase sequence, can supply power to 

the aeroplane’s electrical system. The 

location must allow such provisions to be 

capable of being operated without hazard to 

the aeroplane or persons. 

SpC VLA 1353 Storage Battery Design and 

Installation 

(a) Each storage battery must be designed 

and installed as prescribed in this paragraph. 

(b) Safe cell temperatures and pressures 

must be maintained during any probable 

charging and discharging condition. No 

uncontrolled increase in cell temperature 

may result when the battery is recharged 

(after previous complete discharge)— 

(1) At maximum regulated voltage or 

power; 

(2) During a flight of maximum duration; 

and 

(3) Under the most adverse cooling 

condition likely to occur in service. 

(c) Compliance with sub-paragraph (b) of 

this paragraph must be shown by tests unless 

experience with similar batteries and 

installations has shown that maintaining safe 

cell temperatures and pressures presents no 

problem. 

(d) No explosive or toxic gases emitted by 

any battery in normal operation, or as the 

result of any probable malfunction in the 

charging system or battery installation, may 

accumulate in hazardous quantities within 

the aeroplane. 

(e) No corrosive fluids or gases that may 

escape from the battery may damage 

surrounding structures or adjacent essential 

equipment. 

(f) Each nickel cadmium battery 

installation capable of being used to start an 

engine or auxiliary power unit must have 

provisions to prevent any hazardous effect on 

structure or essential systems that may be 

caused by the maximum amount of heat the 

battery can generate during a short circuit of 

the battery or of its individual cells. 

(g) Nickel cadmium battery installations 

capable of being used to start an engine or 

auxiliary power unit must have— 

(1) A system to control the charging rate of 

the battery automatically so as to prevent 

battery overheating; 

(2) A battery temperature sensing and overtemperature warning system with a means for 

disconnecting the battery from its charging 

source in the event of an over-temperature 

condition; or 

(3) A battery failure sensing and warning 

system with a means for disconnecting the 

battery from its charging source in the event 

of battery failure. 

(h) In the event of a complete loss of the 

primary electrical power generating system, 

the battery must be capable of providing 30 

minutes of electrical power to those loads 

that are essential to continued safe flight and 

landing. The 30-minute time period includes 

the time needed for the pilot(s) to recognize 

the loss of generated power, and to take 

appropriate load shedding action. 

SpC VLA 1381 Instrument Lights 

The instrument lights must— 

(a) Make each instrument and control 

easily readable and discernible; 

(b) Be installed so that their direct rays, 

and rays reflected from the windshield or 

other surface, are shielded from the pilot’s 

eyes; and 

(c) Have enough distance or insulating 

material between current carrying parts and 

the housing so that vibration in flight will not 

cause shorting. A cabin dome light is not an 

instrument light. 

SpC VLA 1383 Taxi and Landing Lights 

Each taxi and landing light must be 

designed and installed so that— 

(a) No dangerous glare is visible to the 

pilots; 

(b) The pilot is not seriously affected by 

halation; 

(c) It provides enough light for night 

operations; and 

(d) It does not cause a fire hazard in any 

configuration. 

SpC VLA 1431 Electronic Equipment 

Electronic equipment and installations 

must be free from hazards in themselves, in 

their method of operation, and in their effects 

on other components. For operations for 

which electronic equipment is required, 

compliance must be shown against CS–VLA 

1309. 

SpC VLA 1547 Magnetic Direction 

Indicator 

(a) A placard meeting the requirements of 

this section must be installed on or near the 

magnetic direction indicator. 

(b) The placard must show the calibration 

of the instrument in level flight with the 

engine operating. 

(c) The placard must state whether the 

calibration was made with radio receivers on 

or off. 

(d) Each calibration reading must be in 

terms of magnetic headings in not more than 

30° increments. 

(e) If a magnetic non-stabilized direction 

indicator can have a deviation of more than 

10° caused by the operation of electrical 

equipment, the placard must state which 

electrical loads, or combination of loads, 

would cause a deviation of more than 10° 

when turned on. 

SpC VLA 1559 Operating Limitations 

Placards 

The following placards must be plainly 

visible to the pilot: 

(a) A placard stating the following 

airspeeds (IAS): 

(1) Design manoeuvring speed, VA; 

(2) The maximum landing gear operating 

speed, VLO. 

(b) A placard stating ‘This aeroplane is 

classified as a very light aeroplane approved 

for day VFR only or day and night VFR, 

whichever is applicable, in non-icing 

conditions. All aerobatic manoeuvres 

including intentional spinning are 

prohibited. See Flight Manual for other 

limitations’. 

SpC VLA 1583 Operating Limitations 

(a) Airspeed limitations. The following 

information must be furnished 

(1) Information necessary for the marking 

of the airspeed limits on the indicator, as 

required in CS–VLA 1545 and the 

significance of the colour coding used on the 

indicator. 

(2) The speeds VA, VLo, VLE where 

appropriate. 

(b) Weights. The following information 

must be furnished: 

(1) The maximum weight. 

(2) Any other weight limits, if necessary. 

(c) Centre of gravity. The established c.g. 

limits required by CS–VLA 23 must be 

furnished. 

(d) Manoeuvres. Authorised manoeuvres 

established in accordance with CS–VLA 3. 

(e) Flight load factors. Manoeuvring load 

factors: The following must be furnished: 

(1) The factors corresponding to point A 

and point C of figure 1 of CS–VLA 333(b), 

stated to be applicable at VA. 

(2) The factors corresponding to point D 

and point E of figure 1 of CS–VLA 333(b) to 

be applicable at VNE. 


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Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Rules and Regulations 50317 

(3) The factor with wing flaps extended as 

specified in CS–VLA 345. 

(f) Kinds of operation. The kinds of 

operation (day VFR or day and night VFR, 

whichever is applicable) in which the 

aeroplane may be used, must be stated. The 

minimum equipment required for the 

operation must be listed. 

(g) Powerplant limitations. The following 

information must be furnished: 

(1) Limitation required by CS–VLA 1521. 

(2) Information necessary for marking the 

instruments required by CS–VLA 1549 to 

1553. 

(3) Fuel and oil designation. 

(4) For two-stroke engines, fuel/oil ratio. 

(h) Placards. Placards required by CS–VLA 

1555 to 1561 must be presented. 

Issued in Kansas City, Missouri, on August 

12, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–20151 Filed 8–16–13; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: Effective Date: August 19, 2013. 

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: 

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, 

• 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 


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