[Federal Register Volume 72, Number 176 (Wednesday, September 12, 2007)]
[Rules and Regulations]
[Pages 51992-51994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18013]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE266; Special Conditions No. 23-206-SC]


Special Conditions: Malibu Power & Propeller Int'l, LLC, Piper 
Models PA-46-310P and PA-46-350P; Installation of a Full Authority 
Digital Engine Control (FADEC) Engine

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 Malibu Power & 
Propeller Int'l, LLC modified Piper Model PA-46-310P and PA-46-350P 
airplanes. The airplanes, as modified by Malibu Power & Propeller 
Int'l, LLC, will have a novel or unusual design feature(s) associated 
with the installation of a full authority digital engine control 
(FADEC) engine. 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 5, 
2007. We must receive your comments by October 12, 2007.

ADDRESSES: Mail two copies of your comments to: Federal Aviation 
Administration, Regional Counsel, ACE-7, Attn: Rules Docket No. CE266, 
901 Locust, Kansas City, MO 64106. You may deliver two copies to the 
Regional Counsel at the above address. Mark your comments: Docket No. 
CE266. 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, Small Airplane Directorate, Aircraft Certification 
Service, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816) 
329-4135; facsimile (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 approval 
design 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 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 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 can 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.,

[[Page 51993]]

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 pre-addressed, 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 11, 2003, Malibu Power & Propeller Int'l, LLC applied 
for a supplemental type certificate for the Piper Models PA-46-310P and 
PA-46-350P to install a full authority digital engine control in the 
Piper Models PA-46-310P and PA-46-350P. The Piper Models PA-46-310P and 
PA-46-350P, currently approved under Type Certificate No. A25SO, are 
six-place, pressurized, turbocharged, single-engine airplanes. Malibu 
Power & Propeller Int'l, LLC plans to use an electronic engine control 
instead of a traditional mechanical control system on the Piper Model 
PA-46-310P (Malibu) and PA-46-350P (Malibu Mirage) airplane. The 
electronic engine control system performs critical functions, such as 
the control of the ignition and fuel injection functions, throughout 
the operational envelope.

Type Certification Basis

    Under the provisions of Sec.  21.101, Malibu Power & Propeller 
Int'l, LLC must show that the Piper Models PA-46-310P and PA-46-350P, 
as changed, continue to meet the applicable provisions of the 
regulations incorporated by reference in Type Certificate No. A25SO, or 
the applicable regulations in effect on the date of application for the 
change. The regulations incorporated by reference in the type 
certificate are commonly referred to as the ``original type 
certification basis.'' The regulations incorporated by reference in 
Type Certificate No. A25SO are as follows:

    PA-46-310P and PA-46-350P:
    14 CFR part 23, effective February 1, 1965, as amended by Amendment 
23-25, effective March 6, 1980; 14 CFR part 25, Sec.  25.783(e) as 
amended by Amendment 25-54, effective October 14, 1980; Sec.  25.831(c) 
and (d) as amended by Amendment 25-41, effective September 1, 1977; and 
14 CFR part 36, Appendix F through Amendment 36-15, effective May 6, 
1988, when equipped with 2 blade propeller or part 36, Appendix G 
through Amendment 36-16, effective December 18, 1988, when equipped 
with optional 3 blade propeller.
    No equivalent safety findings.
    Special Conditions No. 23-ACE-53, Docket No. 082CE.
    For PA-46-350P aircraft equipped with Piper factory installed 
Avidyne Entegra system (See Piper Report VB-1954), the additional 
certification basis for installation specific items only is: 14 CFR 
part 23, Sec.  23.1529 as amended by Amendment 23-26, effective 14 
October 1980; Sec.  23.1523 as amended by Amendment 23-34, effective 17 
February 1987; Sec. Sec.  23.1322, 23.1331, 23.1357(a)(2), (b), (c), 
and (d) as amended by Amendment 23-43, effective 10 May 1993; 
Sec. Sec.  23.305, 23.613, 23.773(a)(2), 23.1525, 23.1549(a) as amended 
by Amendment 23-45, effective 7 September 1993; Sec. Sec.  23.301, 
23.337(a)(1) and (b)(1), 23.341(a), 23.473, 23.561(b)(3) and (e), 
23.571(a), 23.607, 23.611, as amended by Amendment 23-48, effective 11 
March 1996; Sec.  23.1303(a), (b), and (f), Sec. Sec.  23.1307, 
23.1309(a), (a)(1), (a)(2), (b), and (e), 23.1311(a)(2), (a)(3), 
(a)(4), (a)(5), (a)(6), (a)(7), (b), and (c), 23.1321(a), (c), (d), and 
(e), 23.1323(a) and (c), 23.1329, 23.1351(a)(1), (a)(2)(i), (b)(2), and 
(b)(3), 23.1353(d) and (h), 23.1359(c), 23.1365(a), (b), (d), (e), and 
(f), 23.1431(a) and (b) as amended by Amendment 23-49, effective 11 
March 1996; Sec.  23.1325(a), (b)(1), (b)(2)(ii), (b)(3), (c), and (e), 
23.1543(b) and (c), 23.1545(a), (b)(3), (b)(4), and (c), 23.1555 (a) 
and (b), 23.1563, 23.1581(a), (b)(2), (b)(3), and (f), 23.1583(m), 
23.1585(j) as amended by Amendment 23-50, effective 11 March 1996; 
Sec.  23.777(a) and (b), 23.1337 as amended by Amendment 23-51, 
effective 11 March 1996; Sec.  23.1305(a)(1), (a)(2), (a)(3), (b)(2), 
(b)(3), (b)(4), (b)(5), (b)(6)(i) as amended by Amendment 23-52, 
effective 25 July 1996; Special Condition for HIRF (Docket No. CE215, 
Special Condition 23-154-SC), January 7, 2005.
    Eligible Serial Numbers: 4636375 and up.

Discussion

    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 23, Sec.  23.1309) do not contain 
adequate or appropriate safety standards for the Piper Models PA-46-
310P and PA-46-350P 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 Piper Models PA-46-310P and PA-46-350P 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 Sec.  611 of Public 
Law 92-574, the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as appropriate, as defined in 
Sec.  11.19, as required by Sec.  11.38 and they become part of the 
type certification basis under Sec.  21.101.
    The Malibu Power & Propeller Int'l, LLC modified Piper Model PA-46-
310P and PA-46-350P airplanes will incorporate a novel or unusual 
design feature, an engine that includes a digital electronic engine 
control system with FADEC capability. The 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 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 in 14 CFR part 23 
for evaluating the installation of complex systems, including 
electronic systems, are contained in Sec.  23.1309. However, when Sec.  
23.1309 was developed, the use of electronic control systems for 
engines was not envisioned; therefore, the Sec.  23.1309 requirements 
were not applicable to systems certificated as part of the engine 
(reference Sec.  23.1309(f)(1)).
    Electronic control systems often require inputs from airplane data 
and power sources and outputs to other airplane systems (e.g., 
automated cockpit powerplant controls such as mixture setting). The 
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 systems such as these makes it unfeasible to evaluate the 
airplane portion of the system without including the engine portion of 
the system. Section 23.1309(f)(1) prevents complete evaluation of the 
installed airplane system since evaluation of the engine system's 
effects is not required.
    Therefore, special conditions are proposed for the Malibu Power & 
Propeller Int'l, LLC modified Piper Model PA-46-310P and PA-46-350P 
airplanes to evaluate the installation of the electronic engine control 
system for compliance with the requirements of Sec.  23.1309(a) through 
(e) at Amendment 23-49.

[[Page 51994]]

Novel or Unusual Design Features

    The Malibu Power & Propeller Int'l, LLC modified Piper Models PA-
46-310P and PA-46-350P will incorporate the following novel or unusual 
design features: The Malibu Power & Propeller Int'l, LLC modified Piper 
Models PA-46-310P and PA-46-350P will incorporate a digital electronic 
engine control system.

Applicability

    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate to incorporate 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).

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplane. 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, because a delay would 
significantly affect the certification of the airplane, which is 
imminent, the FAA has determined that prior public notice and comment 
are unnecessary and impracticable, and good cause exists for adopting 
these special conditions 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 
21.101; 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 Malibu Power & Propeller Int'l, 
LLC modified Piper Model PA-46-310P and PA-46-350P airplanes.
    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 reevaluate 
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; however, the effects of the installation on this data must 
be addressed.

    Issued in Kansas City, Missouri on September 5, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E7-18013 Filed 9-11-07; 8:45 am]
BILLING CODE 4910-13-P