[Federal Register: June 7, 2002 (Volume 67, Number 110)]
[Rules and Regulations]               
[Page 39261-39262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn02-6]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE173; Special Conditions No. 23-121-SC]

 
Special Conditions: Eclipse Aviation Corporation, Model 500 
Airplane; Electronic Engine Control System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Eclipse Aviation 
Corporation, Model 500 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.

EFFECTIVE DATE: July 8, 2002.

FOR FURTHER INFORMATION CONTACT: Ervin Dvorak Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri 
64106; 816-329-4123 fax 816-329-4090.

SUPPLEMENTARY INFORMATION:

Background

    On July 12, 2001, Eclipse Aviation Corporation applied for a type 
certificate for their Model 500 airplane.
    The Eclipse Model 500 airplane design includes digital electronic 
engine control systems, which were not envisaged and are not adequately 
addressed in 14 CFR part 23. The applicable existing regulations do not 
address electronic control systems since those were not envisioned at 
the time. 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 the possible effects on or by 
other airplane systems (e.g., radio interference with other airplane 
electronic systems, shared engine and airplane power sources). The 
regulatory requirements were not applicable to systems certificated as 
part of the engine (ref. Sec. 23.1309(f)(1)). Also, electronic control 
systems often require inputs from airplane data and power sources and 
outputs to other airplane systems. Although the parts of the system 
that are not certificated with the engine could be evaluated using the 
criteria of Sec. 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. However, 
Sec. 23.1309(f)(1) again prevents complete evaluation of the installed 
airplane system since evaluation of the engine system's effects is not 
required.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Eclipse Aviation Corporation 
must show that the Eclipse Model 500 airplane meets the following:
    (1) Applicable provisions of 14 CFR part 23, effective December 18, 
1964, as amended by Amendments 23-1 through 23-54 (September 14, 2000).
    (2) Part 34 of the Federal Aviation Regulations effective September 
10, 1990, plus any amendments in effect on the date of type 
certification.
    (3) Part 36 of the Federal Aviation Regulations effective December 
1, 1969, as amended by Amendment 36-1 through the amendment in effect 
on the date of type certification.
    (4) Noise Control Act of 1972.
    (5) Special conditions that are not relevant to these proposed 
special conditions, if any;
    (6) Exemptions, if any;
    (7) Equivalent level of safety findings, if any; and
    (8) Special conditions adopted by this rulemaking action.
    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 500 airplane 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 Model 500 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 pursuant to section 611 of Public Law 92-574, the 
``Noise Control Act of 1972.''
    Special conditions, as appropriate, as defined in 11.19, are issued 
in accordance with Sec. 11.38, and become part of the type 
certification basis in accordance with 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

[[Page 39262]]

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.

Novel or Unusual Design Features

    The Model 500 will incorporate the following novel or unusual 
design features:
    Digital electronic engine control systems. This notice proposes a 
special condition for a digital electronic engine control system on the 
Eclipse Model 500 airplane.

Discussion of Comments

    Notice of proposed special conditions No. 23-01-05-SC for the 
Eclipse Model 500 airplanes was published on March 11, 2002 (67 FR 
10857). No comments were received, and the special conditions are 
adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the 
Eclipse Model 500 airplane. Should Eclipse Aviation Corporation 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 the 
provisions of Sec. 21.101.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplanes. 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 the Eclipse Aviation Corporation Model 
500, airplane.

1. Electronic Engine Control System

    The installation of the electronic engine control system must 
comply with the requirements of Sec. 23.1309(a) through (e) at 
Amendment 23-49. The intent of this requirement is not to re-evaluate 
the inherent hardware reliability of the control itself, but rather 
determine the effects, including environmental effects addressed in 
Sec. 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.

    Issued in Kansas City, Missouri, on May 28, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-14353 Filed 6-6-02; 8:45 am]
BILLING CODE 4910-13-P