80 FR 54713 - Special Conditions: Korea Aerospace Industries, Ltd., Model K-100; Full Authority Digital Engine Control (FADEC) System

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 176 (September 11, 2015)

Page Range		54713-54715
FR Document		2015-22872

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

Federal Register, Volume 80 Issue 176 (Friday, September 11, 2015)

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

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

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

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

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

[[Page 54714]]

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

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

SUPPLEMENTARY INFORMATION: The FAA has determined, in accordance with 5
U.S. Code Sec. Sec. 553(b)(3)(B) and 553(d)(3), that notice and
opportunity for prior public comment hereon are unnecessary because the
substance of this special condition has been subject to the public
comment process in several prior instances with no substantive comments
received. The FAA therefore finds that good cause exists for making
these special conditions effective upon issuance.

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

Comments Invited

We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.

Background

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

Type Certification Basis

Under the provisions of 14 CFR 21.17, Korea Aerospace Industries,
Ltd., must show that the KC-100 meets the applicable provisions of part
23, as amended by amendment 23-1 through 23-59, thereto.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the KC-100 because of a novel or
unusual design feature, special conditions are prescribed under the
provisions of Sec. 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the KC-100 must comply with the fuel vent and exhaust
emission requirements of 14 CFR part 34 and the noise certification
requirements of 14 CFR part 36. The FAA must issue a finding of
regulatory adequacy under Sec. 611 of Public Law 92-574, the Noise
Control Act of 1972.
The FAA issues special conditions, as defined in Sec. 11.19, under
Sec. 11.38 and they become part of the type certification basis under
Sec. 21.17(a)(2).
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, the special conditions would also apply to the
other model under the provisions of Sec. 21.101(a)(1).

Novel or Unusual Design Features

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

Discussion

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

[[Page 54715]]

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

Applicability

The special conditions are applicable to the KC-100. Should Korea
Aerospace Industries, Ltd., apply at a later date for a change to the
type certificate to include another model incorporating the same novel
or unusual design feature, the special conditions would also apply to
that model as well.

Conclusion

This action affects only certain novel or unusual design features
on the KC-100. It is not a rule of general applicability and affects
only the applicant who applied to the FAA for approval of these
features on the airplane.
The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, notice and opportunity
for prior public comment hereon are unnecessary and the FAA finds good
cause, in accordance with 5 U.S. Code Sec. Sec. 553(b)(3)(B) and
553(d)(3), making these special conditions effective upon issuance. The
FAA is requesting comments to allow interested persons to submit views
that may not have been submitted in response to the prior opportunities
for comment described above.

List of Subjects in 14 CFR Part 23

Aircraft, Aviation safety, Signs and symbols.

Citation

The authority citation for these special conditions is as follows:

Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and
21.17; and 14 CFR 11.38 and 11.19.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Korea Aerospace Industries, Ltd.,
Model KC-100 airplanes.

1. Electronic Engine Control

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

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

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

Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations 54713

funds transfer payments, and shall submit DEPARTMENT OF AGRICULTURE appropriations bills passed by the
this designation to the Grant Officer or other House and the Senate, the final rule to
Government official, as directed. Rural Housing Service create a certified loan application
(b) For payment through FEDLINE, the packaging process will be deferred
recipient shall provide the following 7 CFR Part 3550 again. In an abundance of caution, the
information: Agency takes this action to avoid the
(1) Name, address, and telegraphic RIN 0575–AC88
possibility of duplicative and
abbreviation of the financial institution inconsistent policies for this important
receiving payment.
Single Family Housing Direct Loan
Program certified loan application packaging
(2) The American Bankers Association 9-
process.
digit identifying number for wire transfers of AGENCY: Rural Housing Service, USDA.
the financing institution receiving payment if
In the interim, existing pilot
ACTION: Final rule; delay of effective intermediaries will be contacted directly
the institution has access to the Federal
date. concerning extensions of their
Reserve Communication System.
(3) Payee’s account number at the financial agreements. In addition, applications
SUMMARY: On April 29, 2015, the Rural received from potential intermediaries
institution where funds are to be transferred. Housing Service (RHS) published a final
(4) If the financial institution does not have under the final rule, which were due by
rule to create a certified loan application July 9, 2015, will now be considered for
access to the Federal Reserve
packaging process for the direct single inclusion in any Fiscal Year 2016
Communications System, name, address, and
family housing loan program. On June 5, packaging pilot program.
telegraphic abbreviation of the correspondent
2015, the final rule’s effective date was
financial institution through which the Dated: August 31, 2015.
financial institution receiving payment
deferred to October 1, 2015. The final
rule’s effective date is further delayed Tony Hernandez,
obtains wire transfer activity. Provide the
until October 1, 2016. Administrator, Rural Housing Service.
telegraphic abbreviation and American
Bankers Association identifying number for DATES: Effective Date: The effective date [FR Doc. 2015–22785 Filed 9–10–15; 8:45 am]
the correspondent institution. of the final rule published April 29, BILLING CODE 3410–XV–P
(c) For payment through ACH, the 2015 (80 FR 23673), effective July 28,
recipient shall provide the following 2015, and delayed on June 5, 2015 (80
information: FR 31971), is further delayed until
(1) Routing transit number of the financial October 1, 2016. RHS will publish in the DEPARTMENT OF TRANSPORTATION
institution receiving payment (same as Federal Register another document
American Bankers Association identifying changing the effective date if and when Federal Aviation Administration
number used for FEDLINE). appropriations mandates impacting
(2) Number of account to which funds are Fiscal Year 2016 do not reference the 14 CFR Part 23
to be deposited. packaging pilot program.
(3) Type of depositor account (‘‘C’’ for [Docket No. FAA–2015–3678; Special
FOR FURTHER INFORMATION CONTACT:
checking, ‘‘S’’ for savings). Conditions No. 23–268–SC]
(4) If the recipient is a new enrollee to the
Brooke Baumann, Branch Chief, Single
ACH system, a ‘‘Payment Information Form,’’ Family Housing Direct Loan Division, Special Conditions: Korea Aerospace
SF 3881, must be completed before payment USDA Rural Development, Stop 0783, Industries, Ltd., Model K–100; Full
can be processed. 1400 Independence Avenue SW., Authority Digital Engine Control
(d) In the event the recipient, during the Washington, DC 20250–0783, (FADEC) System
performance of this award, elects to designate Telephone: 202–690–4250. Email:
a different financial institution for the receipt brooke.baumann@wdc.usda.gov. AGENCY: Federal Aviation
of any payment made using electronic funds SUPPLEMENTARY INFORMATION: Section Administration (FAA), DOT.
transfer procedures, notification of such 729 of the Consolidated and Further ACTION: Final special conditions; request
change and the required information Continuing Appropriations Act, 2015 for comments.
specified above must be received by the (Act) (Pub. L. 113–235) provides that the
appropriate Government official 30 days Agency will continue agreements with SUMMARY: These special conditions are
prior to the date such change is to become the current intermediaries in the pilot issued for the Korea Aerospace
effective. program and enter into additional Industries, Ltd., Model K–100 airplane.
(e) The documents furnishing the This airplane will have a novel or
agreements that increase the number of
information required in this term and unusual design feature(s) associated
pilot intermediaries to at least 10. This
condition must be dated and contain the with the use of an electronic engine
signature, title, and telephone number of the
appropriations mandate, which applies
to the packaging pilot program in Fiscal control system instead of a traditional
recipient official authorized to provide it, as mechanical control system. The
well as the recipient’s name and award Year 2015, prompted the Agency to
defer the effective date of the final rule applicable airworthiness regulations do
number.
from July 28, 2015, to October 1, 2015, not contain adequate or appropriate
(f) Failure to properly designate a financial
institution or to provide appropriate payee to allow the existing intermediaries safety standards for this design feature.
bank account information may delay under the pilot sufficient time to These special conditions contain the
payments of amounts otherwise properly process loan application packages in additional safety standards that the
due. their queue and to prepare for the Administrator considers necessary to
(g) The requirements set forth in this term implementation of the final rule. establish a level of safety equivalent to
Since Section 729 will remain in that established by the existing
rmajette on DSK7SPTVN1PROD with RULES

and condition shall govern to the extent these
requirements are inconsistent with the effect during any continuing resolution airworthiness standards.
requirements in term and condition passed to continue program operations DATES: The effective date of these
‘‘Financial Management’’. in Fiscal Year 2016 and given that special conditions is September 11,
(End of Term and Condition) similar mandatory language regarding 2015.
[FR Doc. 2015–21434 Filed 9–10–15; 8:45 am] the packaging pilot program is currently We must receive your comments by
BILLING CODE 7510–13–P found in the Fiscal Year 2016 October 26, 2015.

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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations 54715

not contain adequate or appropriate 1. Electronic Engine Control DEPARTMENT OF JUSTICE
safety standards for this design feature.
Maintaining a structured assessment to a. For electronic engine control Drug Enforcement Administration
determine potential installation issues system installations, it must be
mitigates the concern that the addition established that no single failure or 21 CFR Part 1308
of a full authority engine controller does malfunction or probable combinations
[Docket No. DEA–415F]
not produce a failure condition not of failures of Electronic Engine Control
previously considered. (EEC) system components will have an Schedules of Controlled Substances:
effect on the system, as installed in the Removal of [123I]Ioflupane From
Applicability
airplane, that causes the Loss of Thrust Schedule II of the Controlled
The special conditions are applicable Control (LOTC)/Loss of Power Control Substances Act
to the KC–100. Should Korea Aerospace (LOPC) probability of the system to
exceed those allowed in part 33 AGENCY: Drug Enforcement
Industries, Ltd., apply at a later date for
Administration, Department of Justice.
a change to the type certificate to certification.
include another model incorporating the ACTION: Final rule.
b. EEC system installations must be
same novel or unusual design feature, evaluated for environmental and SUMMARY: With the issuance of this final
the special conditions would also apply atmospheric conditions, including rule, the Administrator of the Drug
to that model as well. lightning. The EEC system lightning and Enforcement Administration removes
Conclusion high intensity radiated frequency effects [123I]ioflupane from the schedules of the
that result during an LOTC/LOPC Controlled Substances Act. This action
This action affects only certain novel should be considered catastrophic. is pursuant to the Controlled Substances
or unusual design features on the KC– Act which requires that such actions be
100. It is not a rule of general c. The components of the installation
made on the record after an opportunity
applicability and affects only the must be constructed, arranged, and
for a hearing through formal
applicant who applied to the FAA for installed so as to ensure their continued
rulemaking. Prior to the effective date of
approval of these features on the safe operation between normal this rule, [123I]ioflupane was, by
airplane. inspections or overhauls. definition, a schedule II controlled
The substance of these special d. Functions incorporated into any substance because it is derived from
conditions has been subjected to the EEC that make it part of any equipment, cocaine via ecgonine, both of which are
notice and comment period in several system or installation having functions schedule II controlled substances. This
prior instances and has been derived beyond that of basic engine control, and action removes the regulatory controls
without substantive change from those may also introduce system failures and and administrative, civil, and criminal
previously issued. It is unlikely that malfunctions, are not exempt from sanctions applicable to controlled
prior public comment would result in a § 23.1309 and must be shown to meet substances, including those specific to
significant change from the substance part 23 levels of safety as derived from schedule II controlled substances, on
contained herein. Therefore, notice and § 23.1309. Part 33 certification data, if persons who handle (manufacture,
opportunity for prior public comment applicable, may be used to show distribute, reverse distribute, dispense,
hereon are unnecessary and the FAA compliance with any part 23 conduct research, import, export, or
finds good cause, in accordance with 5 requirements. If part 33 data is to be conduct chemical analysis) or propose
U.S. Code §§ 553(b)(3)(B) and 553(d)(3), used to substantiate compliance with to handle [123I]ioflupane.
making these special conditions part 23 requirements, then the part 23 DATES: Effective Date: September 11,
effective upon issuance. The FAA is 2015.
applicant must be able to provide this
requesting comments to allow interested
data for their showing of compliance. FOR FURTHER INFORMATION CONTACT: John
persons to submit views that may not
Note: The term ‘‘probable’’ in the context R. Scherbenske, Office of Diversion
have been submitted in response to the
of ‘‘probable combination of failures’’ does Control, Drug Enforcement
prior opportunities for comment
not have the same meaning as in AC Administration; Mailing Address: 8701
described above.
23.13091D. The term ‘‘probable’’ in Morrissette Drive, Springfield, Virginia
List of Subjects in 14 CFR Part 23 ‘‘probable combination of failures’’ means 22152; Telephone: (202) 598–6812.
‘‘foreseeable,’’ or not ‘‘extremely SUPPLEMENTARY INFORMATION:
Aircraft, Aviation safety, Signs and
symbols. improbable,’’ as referenced in AC 23.1309–
Legal Authority
1D.
Citation The Drug Enforcement
Issued in Kansas City, Missouri on August Administration (DEA) implements and
The authority citation for these 28, 2015. enforces titles II and III of the
special conditions is as follows: Earl Lawrence, Comprehensive Drug Abuse Prevention
Authority: 49 U.S.C. 106(g), 40113 and Manager, Small Airplane Directorate, Aircraft and Control Act of 1970, as amended. 21
44701; 14 CFR 21.16 and 21.17; and 14 CFR Certification Service. U.S.C. 801–971. Titles II and III are
11.38 and 11.19. referred to as the ‘‘Controlled
[FR Doc. 2015–22872 Filed 9–10–15; 8:45 am]
The Special Conditions Substances Act’’ and the ‘‘Controlled
BILLING CODE 4910–13–P
Substances Import and Export Act,’’
Accordingly, pursuant to the respectively, and are collectively
rmajette on DSK7SPTVN1PROD with RULES

authority delegated to me by the referred to as the ‘‘Controlled
Administrator, the following special Substances Act’’ or the ‘‘CSA’’ for the
conditions are issued as part of the type purpose of this action. The DEA
certification basis for Korea Aerospace publishes the implementing regulations
Industries, Ltd., Model KC–100 for these statutes in title 21 of the Code
airplanes. of Federal Regulations (CFR), chapter II.

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Document Created: 2015-12-15 10:00:11
Document Modified: 2015-12-15 10:00:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final special conditions; request for comments.
Dates		The effective date of these special conditions is September 11, 2015.
Contact		Jeff Pretz, Federal Aviation Administration, Small Airplane Directorate, Aircraft Certification Service, ACE-111, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816) 329-3239, facsimile (816) 329-4090.
FR Citation		80 FR 54713
CFR Associated		Aircraft; Aviation Safety and Signs and Symbols

80 FR 54713 - Special Conditions: Korea Aerospace Industries, Ltd., Model K-100; Full Authority Digital Engine Control (FADEC) System

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 80, Issue 176 (September 11, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration