[Federal Register Volume 71, Number 215 (Tuesday, November 7, 2006)]
[Rules and Regulations]
[Pages 65041-65043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18666]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26102; Directorate Identifier 2006-NE-36-AD; 
Amendment 39-14820; AD 2006-23-08]
RIN 2120-AA64


Airworthiness Directives; Societe de Motorisations Aeronautiques 
(SMA) SR305-230 and SR305-230-1 Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as: ``Over a 
period of time, the alteration of one electronic control unit (ECU) 
electronic component can cause a rapid uncontrolled power increase. 
Several occurrences have already been reported during engine start or 
during engine warm-up.''
    The event can also occur in flight which can result in loss of 
control of the airplane.
    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective November 22, 2006.
    We must receive comments on this AD by November 22, 2006.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace 
Engineer, Engine Certification Office, FAA, Engine and Propeller 
Directorate, 12 New England Executive Park, Burlington, MA 01803; 
telephone (781) 238-7175; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct

[[Page 65042]]

unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    The European Aviation Safety Agency (EASA), which is the aviation 
authority for the European community, has issued Emergency 
Airworthiness Directive No. 2006-0312-E, dated October 13, 2006 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states that:

    Over a period of time, the alteration of one ECU electronic 
component can cause a rapid uncontrolled power increase. Several 
occurrences have already been reported during engine start or during 
engine warm-up.

    The event can also occur in flight which can result in loss of 
control of the airplane. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    SMA has issued Service Bulletin No. SB-01-76-004, dated October 10, 
2006. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all the information provided by the State of Design Authority 
and determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
the several occurrences that have already been reported during engine 
start or during engine warm-up. The event can also occur in flight 
which can result in loss of control of the airplane. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2006-26102; Directorate 
Identifier 2006-NE-36-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2006-23-08 Societe de Motorisations Aeronautiques (SMA): Amendment 
39-14820; Docket No. FAA-2006-26102; Directorate Identifier 2006-NE-
36-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
22, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to SMA SR305-230 and SR305-230-1 
reciprocating engines. These engines are installed on, but not 
limited to, Cessna 182, Maule M-7, and Piper PA-34 airplanes.

[[Page 65043]]

Reason

    (d) European Aviation Safety Agency, (EASA), Emergency 
Airworthiness Directive No. 2006-0312-E, dated October 13, 2006 
states:
    Over a period of time, the alteration of one electronic control 
unit (ECU) electronic component can cause a rapid uncontrolled power 
increase. Several occurrences have already been reported during 
engine start or during engine warm-up.

    The event described in the EASA AD can also occur in flight 
which can result in loss of control of the airplane.

Actions and Compliance

    (e) Unless already done, do the following actions before further 
flight.
    (1) Determine the serial number (SN) of the ECU installed on the 
aircraft. Do not operate the engine if the ECU SN is 131 and below, 
except SN 70, 71, 83, and 88.
    (2) If the ECU SN is 131 and below, except 70, 71, 83, and 88, 
remove and replace the ECU with an ECU having a SN of 132 and above.

FAA AD Differences

    (f) None.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Engine Certification Office, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to mandatory continuing airworthiness information 
(MCAI) EASA Airworthiness Directive No. 2006-0312-E, dated October 
13, 2006, and SMA Service Bulletin No. SB-01-76-004, dated October 
10, 2006, for related information.

Material Incorporated by Reference

    (i) None.

    Issued in Burlington, Massachusetts, on October 31, 2006.
Francis A. Favara,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. E6-18666 Filed 11-6-06; 8:45 am]
BILLING CODE 4910-13-P