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Federal Register/Vol. 76, No. 69/Monday, April 11, 2011/Rules Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations 19903 Decision and Order which granted to ACTION: Final special conditions; request supporting data. We ask that you send the above 27 petitioners the requested for comments. us two copies of written comments. 180-day extension of the compliance We will file in the docket all date for recent amendments to the DOE SUMMARY: These special conditions are comments we receive, as well as a test procedure for residential furnaces issued for the Diamond Aircraft report summarizing each substantive and boilers related to the standby mode Industry (DAI) GmbH model DA–40NG public contact with FAA personnel and off mode energy consumption of the Austro Engine GmbH model E4 about these special conditions. You can these products. aircraft diesel engine (ADE) using inspect the docket before and after the Recently, DOE received a petition turbine (jet) fuel. This airplane will have comment closing date. If you wish to dated February 17, 2011 from a 28th a novel or unusual design feature(s) review the docket in person, go to the manufacturer, Viessmann associated with the installation of a address in the ADDRESSES section of this Manufacturing Company, Inc., in which diesel cycle engine utilizing turbine (jet) preamble between 7:30 a.m. and 4 p.m., the manufacturer also requested the fuel. The applicable airworthiness Monday through Friday, except Federal above-referenced 180-day extension. regulations do not contain adequate or holidays. Viessmann Manufacturing Company’s appropriate safety standards for this We will consider all comments we petition recited many of the same design feature. These special conditions receive by the closing date for arguments as the earlier petitioners contain the additional safety standards comments. We will consider comments regarding the undue hardship which the that the Administrator considers filed late if it is possible to do so petitioner would face if the requested necessary to establish a level of safety without incurring expense or delay. We extension of the compliance date were equivalent to that established by the may change these special conditions not granted. DOE has determined that existing airworthiness standards. based on the comments we receive. the petitioner has made its case and that DATES: The effective date of these If you want us to let you know we the extension should be granted for the special conditions is April 1, 2011. received your comments on these reasons stated in the March 31, 2011 We must receive your comments by special conditions, send us a pre- Decision and Order. May 11, 2011. addressed, stamped postcard on which the docket number appears. We will ADDRESSES: Mail two copies of your II. Conclusion comments to: Federal Aviation stamp the date on the postcard and mail Although DOE received this petition Administration, Regional Counsel, it back to you. well after February 17, 2011, the ACE–7, Attn: Rules Docket No. CE310, Background Department believes a number of 901 Locust, Kansas City, MO 64106. On May 11, 2010 Diamond Aircraft factors, including international postal You may deliver two copies to the Industry GmbH applied for an handling and Federal mail security Regional Counsel at the above address. amendment to Type Certificate No. screening, contributed to this delay in Mark your comments: Docket No. A47CE to include the new Model DA– receipt of the petition from this 28th CE310. You may inspect comments in 40NG with the Austro Engine GmbH manufacturer. After review, DOE has the Rules Docket weekdays, except Model E4 ADE. The Model DA–40NG, decided to grant the petition. Through Federal holidays, between 7:30 a.m. and which is a derivative of the model DA– this correction notice, DOE is modifying 4 p.m. 40 currently approved under Type its Decision and Order to add FOR FURTHER INFORMATION CONTACT: Certificate No. A47CE, is a fully Viessmann Manufacturing Company, Peter L. Rouse, Federal Aviation composite, four place, single-engine Inc., to the list of companies to whom Administration, Small Airplane airplane with a cantilever low wing, the extension of the compliance date Directorate, Aircraft Certification T-tail airplane with the Austro Engine has been granted. Service, ACE–111, 901 Locust, Kansas GmbH Model E4 diesel engine and an Issued in Washington, DC, on April 5, City, Missouri, 816–329–4135, fax 816– increased maximum takeoff gross 2011. 329–4090. weight from 1150 kilograms (kg) to 1280 Kathleen Hogan, SUPPLEMENTARY INFORMATION: The FAA kg (2535 pounds (lbs) to 2816 lbs). Deputy Assistant Secretary for Energy has determined that notice and In anticipation of the reintroduction Efficiency, Office of Technology opportunity for prior public comment of diesel engine technology into the Development, Energy Efficiency and hereon are impracticable because these small airplane fleet, the FAA issued Renewable Energy. procedures would significantly delay Policy Statement PS–ACE100–2002–004 [FR Doc. 2011–8572 Filed 4–8–11; 8:45 am] issuance of the design approval and on May 15, 2004, which identified areas BILLING CODE 6450–01–P thus delivery of the affected aircraft. In of technological concern. Refer to this addition, the substance of these special policy for a detailed summary of the conditions has been subject to the FAA’s development of diesel engine public comment process in several prior requirements. DEPARTMENT OF TRANSPORTATION instances with no substantive comments The general areas of concern involve the power characteristics of the diesel Federal Aviation Administration received. The FAA therefore finds that good cause exists for making these engines, the use of turbine fuel in an airplane class that is typically powered 14 CFR Part 23 special conditions effective upon issuance. by gasoline fueled engines and the vibration characteristics and failure [Docket No. CE310; Special Conditions No. Comments Invited modes of diesel engines. A review of the 23–250–SC We invite interested people to take historical record of diesel engine use in Special Conditions: Diamond Aircraft part in this rulemaking by sending aircraft and part 23 identified these Industry Model DA–40NG; Diesel Cycle written comments, data, or views. The concerns. The review identified specific Engine most helpful comments reference a regulatory areas requiring evaluation for specific portion of the special applicability to diesel engine AGENCY: Federal Aviation conditions, explain the reason for any installations. These concerns are not Administration (FAA), DOT. recommended change, and include considered universally applicable to all VerDate Mar<15>2010 11:35 Apr 08, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM 11APR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 19904 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations types of possible diesel engines and • Powerplant Installation—High • Limitations and Indications. diesel engine installations. However, Energy Engine Fragments. Installation and Vibration after reviewing the DAI installation, the Equivalent level of safety for: Requirements: These special conditions Austro engine type, the Austro Control • Cockpit controls—23.777(d) include requirements similar to the GmbH (ACG) requirements, and Policy • Motion and effect of cockpit requirements of § 23.901(d)(1) for Statement PS–ACE100–2002–004, the controls—23.779(b) turbine engines. In addition to the FAA issues these fuel system and • Liquid Cooling—Installation— requirements of § 23.901 applied to engine related special conditions. The 23.1061 reciprocating engines, the applicant will • Austro engine has a Full Authority Ignition switches—23.1145 be required to construct and arrange Digital Engine Control (FADEC), which If the Administrator finds that the each diesel engine installation to result also requires special conditions. The applicable airworthiness regulations in vibration characteristics that do not FADEC special conditions will be (i.e., 14 CFR part 23) do not contain exceed those established during the type issued in a separate notice. adequate or appropriate safety standards certification of the engine. These for the model DA–40NG because of a vibration levels must not exceed Type Certification Basis novel or unusual design feature, special vibration characteristics that a Under the provisions of § 21.101, DAI conditions are prescribed under the previously certificated airframe must show that the model DA–40NG provisions of § 21.16. structure has been approved for, unless meets the applicable provisions of the In addition to the applicable such vibration characteristics are shown regulations incorporated by reference in airworthiness regulations and special to have no effect on safety or continued Type Certificate No. A47CE or the conditions, the model DA–40NG must airworthiness. The engine limit torque applicable regulations in effect on the comply with the fuel vent and exhaust design requirements as specified in date of application for the change to the emission requirements of 14 CFR part § 23.361 are also modified. model DA–40. The regulations 34 and the noise certification An additional requirement to consider incorporated by reference in the type requirements of 14 CFR part 36. vibration levels and/or effects of an certificate are commonly referred to as The FAA issues special conditions, as inoperative cylinder was imposed. Also, the ‘‘original type certification basis.’’ In defined in § 11.19, under § 11.38, and a requirement
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