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[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Proposed Rules]
[Pages 71371-71373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29449]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0820; Directorate Identifier 2010-NE-31-AD]
RIN 2120-AA64

Airworthiness Directives; Thielert Aircraft Engines GmbH Models 
TAE 125-01, TAE 125-02-99, and TAE 125-02-114 Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    Service experience has shown that a case of FADEC channel B 
manifold air pressure (MAP) sensor hose permeability is not always 
recognized as fault by the FADEC. The MAP value measured by the 
sensor may be lower than the actual pressure value in the engine 
manifold, and limits the amount of fuel injected into the combustion 
chamber and thus the available power of the engine. A change in 
FADEC software version 2.91 will change the logic in failure 
detection and in switching to channel B (no automatic switch to 
channel B if MAP difference between channel A and B is detected and 
lower MAP is at channel B).
    In addition, previous software versions allow--under certain 
conditions and on DA 42 aircraft only--the initiation of a FADEC 
self test during flight that causes an engine in-flight shutdown.

    We are proposing this AD to prevent engine in-flight shutdown or 
power loss, possibly resulting in reduced control of the airplane.

DATES: We must receive comments on this proposed AD by January 7, 2011.

ADDRESSES: You may send comments by any of the following methods:

[[Page 71372]]

     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Contact Thielert Aircraft Engines GmbH, Platanenstrasse 14 D-09350, 
Lichtenstein, Germany, telephone: +49-37204-696-0; fax: +49-37204-696-
2912; e-mail: engines.com">info@centurion-engines.com for the service information 
identified in this proposed AD.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (phone (800) 647-5527) is the 
same as the Mail address provided in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Strom, Aerospace Engineer, Engine 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
alan.strom@faa.gov; telephone (781) 238-7143; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0820; 
Directorate Identifier 2010-NE-31-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this proposed AD. Using the search 
function of the Web site, anyone can find and read the comments in any 
of our dockets, including, if provided, the name of the individual who 
sent the comment (or signed the comment on behalf of an association, 
business, labor union, etc.). You may review the DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
2010-0137, dated June 30, 2010 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Service experience has shown that a case of FADEC channel B 
manifold air pressure (MAP) sensor hose permeability is not always 
recognized as fault by the FADEC. The MAP value measured by the 
sensor may be lower than the actual pressure value in the engine 
manifold, and limits the amount of fuel injected into the combustion 
chamber and thus the available power of the engine. A change in 
FADEC software version 2.91 will change the logic in failure 
detection and in switching to channel B (no automatic switch to 
channel B if MAP difference between channel A and B is detected and 
lower MAP is at channel B).
    In addition, previous software versions allow--under certain 
conditions and on DA 42 aircraft only--the initiation of a FADEC 
self test during flight that causes an engine in-flight shutdown.

    We are proposing to require installation of full-authority digital 
electronic control (FADEC) software version 2.91 to prevent automatic 
switching to channel B if the channel B MAP sensor hose is leaking. The 
current software cannot detect the difference between a manifold leak 
and a real manifold pressure change. This software installation will 
prevent the undesired limiting of fuel to the engine. Installing FADEC 
software version 2.91 will also prevent the FADEC from self-testing 
during flight, which would cause an engine in-flight shutdown.
    You may obtain further information by examining the MCAI in the AD 
docket.

FAA's Determination and Requirements of This Proposed AD

    These products have been approved by the aviation authority of 
Germany and are approved for operation in the United States. Pursuant 
to our bilateral agreement with Germany, EASA has notified us of the 
unsafe condition described in the MCAI. We are proposing this AD 
because we evaluated all information provided by EASA and determined 
the unsafe condition exists and is likely to exist or develop on other 
products of the same type design. This proposed AD would require 
installing full authority digital electronic control software version 
2.91.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 112 engines installed on airplanes of U.S. registry. 
We also estimate that it would take about 0.5 work-hour per engine to 
comply with this proposed AD. The average labor rate is $85 per work-
hour. There are no required parts cost. Based on these figures, we 
estimate the cost of the proposed AD on U.S. operators to be $4,760.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    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

[[Page 71373]]

under the criteria of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Thielert Aircraft Engines GmbH: Docket No. FAA-2010-0820; 
Directorate Identifier 2010-NE-31-AD.

Comments Due Date

    (a) We must receive comments by January 7, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Thielert Aircraft Engines GmbH models TAE 
125-01, TAE 125-02-99, and TAE 125-02-114 reciprocating engines 
installed in, but not limited to, Cessna 172 and (Reims-built) F172 
series (European Aviation Safety Agency (EASA) STC No. 
EASA.A.S.01527); Piper PA-28 series (EASA STC No. EASA.A.S. 01632); 
APEX (Robin) DR 400 series (EASA STC No. A.S.01380); and Diamond 
Aircraft Industries Models DA 40, DA 42, and DA 42M NG airplanes.

Reason

    (d) 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. We are issuing this AD to prevent engine in-flight shutdown 
or power loss, possibly resulting in reduced control of the 
airplane.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Within 110 flight hours after the effective date of the AD 
or during next maintenance, whichever occurs first, install full-
authority digital electronic control (FADEC) software version 2.91.
    (2) Guidance on FADEC software installation can be found in the 
following:
    (i) For TAE 125-01 engines, Operation & Maintenance Manual OM-
01-02, Issue 3, Revision 13.
    (ii) For TAE 125-02-99 and TAE 125-02-114 engines, Operation & 
Maintenance Manual OM-02-02, Issue 1, Revision 10.

Prohibition of FADEC Software Earlier Versions

    (f) Once FADEC software version 2.91 is installed, do not 
install any earlier version of FADEC software.

FAA AD Differences

    (g) EASA AD 2010-0137 permits installation of earlier FADEC 
software versions, once version 2.91 is installed. This AD does not.
    (h) EASA AD 2010-0137 requires compliance within 110 flight 
hours after the effective date of the AD or during next maintenance, 
whichever occurs first, but no later than 6 months after the 
effective date of the AD. This AD requires compliance within 110 
flight hours after the effective date of the AD or during next 
maintenance, whichever occurs first.

Alternative Methods of Compliance (AMOCS)

    (i) The Manager, Engine Certification Office, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.

Related Information

    (j) Refer to AD 2010-0137, dated June 30, 2010, for related 
information. Contact Thielert Aircraft Engines GmbH, Platanenstrasse 
14 D-09350, Lichtenstein, Germany, telephone: +49-37204-696-0; fax: 
+49-37204-696-2912; e-mail: engines.com">info@centurion-engines.com, for a copy 
of the service information referenced in this AD.
    (k) Contact Alan Strom, Aerospace Engineer, Engine Certification 
Office, FAA, Engine and Propeller Directorate, 12 New England 
Executive Park, Burlington, MA 01803; e-mail: alan.strom@faa.gov; 
telephone (781) 238-7143; fax (781) 238-7199, for more information 
about this AD.

    Issued in Burlington, Massachusetts, on November 16, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 2010-29449 Filed 11-22-10; 8:45 am]
BILLING CODE 4910-13-P
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