Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 26777 

east on 22nd Avenue to Keim 

Boulevard; then, north on Keim 

Boulevard to an unnamed canal at 

33.564619 latitude and ¥114.691983 

longitude; then, northeast along the 

unnamed canal to its intersection with 

the C–03 Canal; then, north along the 

C–03 Canal to its intersection with 

33.573626 latitude and ¥114.683341 

longitude; then, north along an 

imaginary line to its intersection with 

Rannells Drain at 33.580861 latitude 

and ¥114.683545 longitude; then, east 

along Rannells Drain to its intersection 

with an unnamed drain at 33.581179 

latitude and ¥114.678880 longitude; 

then, north along the unnamed drain to 

its intersection with Seeley Avenue; 

then, east on Seeley Avenue to 

Stephenson Boulevard; then, north on 

Stephenson Boulevard to an unnamed 

drain at 33.595529 latitude and 

¥114.674943 longitude; then, east along 

the unnamed drain to its intersection 

with 33.595448 latitude and 

¥114.666369 longitude; then, east along 

an imaginary line to its intersection 

with 15th Avenue and the West Side 

Drain; then, northeast along the West 

Side Drain to West 14th Avenue; then, 

east on West 14th Avenue to Arrowhead 

Boulevard; then, north on Arrowhead 

Boulevard to Interstate 10; then, east on 

Interstate 10 to Defrain Boulevard; then, 

north on Defrain Boulevard to the point 

of beginning. 

* * * * * 

Done in Washington, DC, this 29th day of 

May 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–13051 Filed 6–3–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE297; Special Conditions No. 

23–237–SC] 

Special Conditions: Spectrum 

Aeronautical, LLC Model S–40; Full 

Authority Digital Engine Control 

(FADEC) System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Spectrum Aeronautical, 

LLC Model S–40 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 May 26, 2009. 

We must receive your comments by 

July 20, 2009. 

ADDRESSES: Mail two copies of your 

comments to: Federal Aviation 

Administration, Regional Counsel, 

ACE–7, Attention: Rules Docket CE297, 

901 Locust, Room 506, Kansas City, 

Missouri 64106. You may deliver two 

copies to the Rules Docket at the above 

address. You must mark your comments 

Docket No. CE297. You may inspect 

comments in the Rules Docket 

weekdays, except Federal holidays, 

between 7:30 a.m. and 4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Peter L. Rouse, Federal Aviation 

Administration, Aircraft Certification 

Service, Small Airplane Directorate, 

ACE–111, 901 Locust, Room 301, 

Kansas City, Missouri 64106; 816–329– 

4135, fax 816–329–4090. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the design approval and 

thus delivery of the affected aircraft. In 

addition, the substance of these special 

conditions has been subject to the 

public comment process in several prior 

instances with no substantive comments 

received. The FAA, therefore, finds that 

good cause exists for making these 

special conditions effective upon 

issuance. 

Comments Invited 

We invite interested persons to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

about these special conditions. You may 

inspect the docket before and after the 

comment closing date. If you wish to 

review the docket in person, go to the 

address in the ADDRESSES section of this 

preamble between 7:30 a.m. and 4 p.m. 

Monday through Friday, except Federal 

holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to let you know we 

received your comments on these 

special conditions, send us a preaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it back to you. 

Background 

On November 21, 2007, Spectrum 

Aeronautical, LLC applied for a type 

certificate for their new Model S–40. 

The Spectrum Model S–40 is a 2 + 9 seat 

(pilots + passengers) conventionally 

configured low wing normal category jet 

airplane with a T-tail and tricycle 

landing gear. This fiber-wound, all 

composite aircraft will be certified for 

day, night, VFR, IFR, and flight into 

known icing operations with a planned 

maximum operating altitude of 45,000 

feet. The company seeks approval for 

single pilot operations and will show 

compliance with Reduced Vertical 

Separation Minimums (RVSM) 

requirements. 

The Spectrum Model S–40 airplane is 

equipped with two GE Honda Aero 

HF120 turbofan engines, each using an 

electronic engine control system 

(FADEC) instead of a traditional 

mechanical control system. Even though 

the engine control system will be 

certificated as part of the engine, 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 systems. For example, 

indirect effects of lightning, radio 

interference with 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 

§ 23.1309. However, when § 23.1309 

was developed, the use of electronic 

control systems for engines was not 

envisioned. Therefore, the § 23.1309 

requirements were not applicable to 

systems certificated as part of the engine 

(reference § 23.1309(f)(1)). Although the 

parts of the system that are not 

certificated with the engine could be 

26778 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 

evaluated using the criteria of § 23.1309, 

the integral nature of systems such as 

these 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 determine a 

higher classification (Advisory Circular 

(AC) 23.1309) than the engine controls 

are certificated for, which will require 

that the FADEC/DEEC systems be 

analyzed at a higher classification. Since 

November 2005, FADEC special 

conditions have mandated the 

classification for § 23.1309 analysis for 

loss of FADEC control as catastrophic 

for any airplane. This is not to imply 

that 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, 

Spectrum Aeronautical, LLC must show 

that the Model S–40 meets the 

applicable provisions of 14 CFR part 23, 

as amended by Amendments 23–1 

through 23–57, 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 Model S–40 because of a novel 

or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model S–40 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, and the 

FAA must issue a finding of regulatory 

adequacy under § 611 of Public Law 92– 

574, the ‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, as 

appropriate, as defined in § 11.19, under 

§ 11.38, and they become part of the 

type certification basis under 

§ 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. 

Novel or Unusual Design Features 

The Spectrum Aeronautical, LLC 

Model S–40 will incorporate the 

following novel or unusual design 

features: Electronic engine control 

system. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

S–40. Should Spectrum Aeronautical, 

LLC 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. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Spectrum 

Aeronautical, LLC Model S–40 is 

imminent, the FAA finds that good 

cause exists to make these special 

conditions effective upon issuance. 

Conclusion 

This action affects only certain novel 

or unusual design features on one 

model, Model S–40, of airplane. It is not 

a rule of general applicability, and it 

affects only the applicant who applied 

to the FAA for approval of these features 

on the airplane. 

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 Spectrum Aeronautical, LLC 

Model S–40 airplanes. 

1. Electronic Engine Control 

The installation of the electronic 

engine control system must comply 

with the requirements of § 23.1309(a) 

through (e) at Amendment 23–49. The 

intent of this requirement is not to reevaluate the inherent hardware 

reliability of the control itself, but rather 

to determine the effects, including 

environmental effects addressed in 

§ 23.1309(e), on the airplane systems 

and engine control system when 

installing the control on the airplane. 

When appropriate, engine certification 

data may be used when showing 

compliance with this requirement; 

however, the effects of the installation 

on this data must be addressed. 

For these evaluations, the loss of 

FADEC control will be analyzed 

utilizing the threat levels associated 

with a catastrophic failure. 

Issued in Kansas City, Missouri on May 26, 

2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–12992 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 34 

[Docket No.: FAA–2009–0112; Amendment 

No. 34–4] 

RIN 2120–AJ41 

Emission Standards for Turbine 

Engine Powered Airplanes; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Aviation 

Administration (FAA) is amending an 

error in its emission standards for 

turbine engine powered airplanes. The 

paragraph that describes the sampling 

and analytical procedures for measuring 

smoke exhaust emissions contains an 

erroneous cross reference which was 

included in the final rule. This 

document corrects that error so that the 

reader is able to locate the correct 

information. 

DATES: This correction is effective June 

29, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Aimee Fisher, Emissions 

Division (AEE–300), Office of 

Environment and Energy, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–7705; e-mail: aimee.fisher@faa.gov. 

For legal questions concerning this rule, 

contact Karen Petronis (AGC–200), 

Office of the Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3073; e-mail: 

karen.petronis@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA published a final rule 

entitled ‘‘Emission Standards for 

Turbine Engine Powered Airplanes’’ in 

the Federal Register on Tuesday, April 

28, 2009 (74 FR 19128). The final rule 

amended emissions standards for