

[Federal Register: October 19, 2007 (Volume 72, Number 202)]
[Proposed Rules]               
[Page 59225-59227]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc07-18]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================



[[Page 59225]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29316; Directorate Identifier 2007-CE-078-AD]
RIN 2120-AA64

 
Airworthiness Directives; Eclipse Aviation Corporation Model 
EA500 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2007-13-
11, which applies to all Eclipse Aviation Corporation (Eclipse) Model 
EA500 airplanes. AD 2007-13-11 was prompted by reports of loss of 
primary airspeed indication due to freezing condensation within the 
pitot system. AD 2007-13-11 requires operational limitations consisting 
of operation only in day visual flight rules (VFR), allowing only a VFR 
flight plan, and maintaining operation with two pilots. Since we issued 
AD 2007-13-11, Eclipse has developed a design modification to the 
pitot/angle-of-attack (AOA) system to eliminate the possibility of 
freezing condensation within the pitot/AOA system. Eclipse is 
incorporating this modification during production on Model EA500 
airplanes starting with serial number (S/N) 000065. Consequently, this 
proposed AD would limit the applicability to airplanes under S/N 000065 
and require incorporating the modification. This proposed AD would also 
retain the operating limitations in AD 2007-13-11 until the 
modification is incorporated. We are proposing this AD to prevent long-
term reliance on special operating limitations when a design change 
exists that would eliminate the need for the operating limitations. 
Incorporating the proposed modification would prevent loss of air 
pressure in the pitot system, which could cause erroneous AOA and 
airspeed information with consequent loss of control.

DATES: We must receive comments on this proposed AD by December 18, 
2007.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Eclipse Aviation Corporation, 2503 Clark Carr Loop, SE., Albuquerque, 
NM 87105, fax: 505-241-8802; e-mail: customercare@eclipseaviation.com.

FOR FURTHER INFORMATION CONTACT: Al Wilson, Flight Test Pilot, Airplane 
Certification Office, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137-
4298; telephone: (817) 222-5146; fax: (817) 222-5960.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2007-29316; Directorate Identifier 2007-CE-078-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light of 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 we 
receive concerning this proposed AD.

Discussion

    Reports of three instances of loss of primary airspeed indication 
due to freezing condensation within the pitot system on Eclipse Model 
EA500 airplanes caused us to issue AD 2007-13-11, Amendment 39-15115 
(72 FR 34363, June 22, 2007). The loss of air pressure in the pitot 
system could cause the stall warning to become unreliable and the stick 
pusher, overspeed warning, and autopilot to not function. The concern 
is heightened by the aerodynamic characteristics of the Eclipse Model 
EA500 airplane, which relies on the stall warning and the stick pusher 
to alert the pilot prior to the loss of aircraft control. The standby 
airspeed is reliable and not affected by this failure mode.
    AD 2007-13-11 currently requires the following on all Eclipse Model 
EA500 airplanes:
     Incorporating information into the Limitations section of 
the airplane flight manual (AFM) requiring operation only in day VFR;
     Allowing only a VFR flight plan; and
     Maintaining operation with two pilots.
    AD 2007-13-11 was considered an interim action until Eclipse could 
develop a design modification to the pitot/AOA system that will 
eliminate the possibility of freezing condensation within the pitot/AOA 
system.
    Eclipse has now developed this design modification and it is being 
incorporated at the factory during production on Model EA500 airplanes 
starting with S/N 000065.
    We have determined that continued reliance on operating limitations 
carries an unnecessary safety risk when there is a known design change 
to eliminate the need for the operating limitations. Incorporating the 
proposed modification would prevent loss of air pressure in the pitot 
system, which could cause erroneous AOA and airspeed information with 
consequent loss of control.

Relevant Service Information

    We have reviewed Eclipse Aviation Alert Service Bulletin Number SB 
500-34-005, Rev B, issued July 10, 2007.
    The service information describes procedures for upgrading the 
pitot/AOA

[[Page 59226]]

system and modifying the related tubing assembly, which terminates the 
operating limitations required in AD 2007-13-11 when incorporated.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This proposed AD 
would supersede AD 2007-13-11 with a new AD that would change the 
Applicability section and would require you to incorporate the design 
modification of the pitot/AOA system. This proposed AD would also 
retain the operating limitations in AD 2007-13-11 until the 
modification is incorporated. This proposed AD would require you to use 
the service information described previously to perform these actions.

Costs of Compliance

    We estimate that this proposed AD would affect 64 airplanes in the 
U.S. registry.
    We estimate the following costs to do the proposed modification:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost  per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
30 work-hours x $80 per hour = $2,400........................          $7,000           $9,400         $601,600
----------------------------------------------------------------------------------------------------------------

    Warranty credit will be given to the extent specified in the 
service bulletin.

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 have 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 that the 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 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.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://www.regulations.gov; or in person at the Docket 

Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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 removing Airworthiness Directive 
(AD) 2007-13-11, Amendment 39-15115 (72 FR 34363, June 22, 2007), and 
adding the following new AD:

Eclipse Aviation Corporation: Docket No. FAA-2007-29316; Directorate 
Identifier 2007-CE-078-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by December 18, 2007.

Affected ADs

    (b) This AD supersedes AD 2007-13-11, Amendment 39-15115.

Applicability

    (c) This AD applies to Model EA500 airplanes, serial numbers 
000001 through 000064, that are certificated in any category.

Unsafe Condition

    (d) Reports of three instances of loss of primary airspeed 
indication due to freezing condensation within the pitot system 
prompted us to issue AD 2007-13-11. This AD results from Eclipse 
developing a design modification to the pitot/angle-of-attack (AOA) 
system that eliminates the possibility of freezing condensation 
within the pitot/AOA system. Eclipse is incorporating this 
modification during production on Model EA500 airplanes starting 
with serial number 000065. We are issuing this AD to prevent long-
term reliance on special operating limitations when a design change 
exists that would eliminate the need for the operating limitations. 
Incorporating the modification would prevent loss of air pressure in 
the pitot system, which could cause erroneous AOA and airspeed 
information with consequent loss of control.

Compliance

    (e) To address this problem, you must do the following, unless 
already done:

[[Page 59227]]



----------------------------------------------------------------------------------------------------------------
               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) Incorporate the following into    Before further flight after June 27,  The owner/operator holding at least
 the Limitations section of the        2007 (the effective date of AD 2007-  a private pilot certificate as
 airplane flight manual (AFM):         13-11).                               authorized by section 43.7 of the
(i) ``Operate Only in Day Visual                                             Federal Aviation Regulations (14
 Flight Rules (VFR);''                                                       CFR 43.7) may insert the
(ii) ``File Only a VFR Flight                                                information into the AFM as
 Plan;'' and                                                                 specified in paragraph (e)(1) of
(iii) ``Operate with Two Pilots at                                           this AD. You may insert a copy of
 All Times.''                                                                this AD into the Limitations
                                                                             section of the AFM to comply with
                                                                             this action. Make an entry into the
                                                                             aircraft records showing compliance
                                                                             with this portion of the AD in
                                                                             accordance with section 43.9 of the
                                                                             Federal Aviation Regulations (14
                                                                             CFR 43.9).
(2) Incorporate the design            Within the next 60 days after the     Following Eclipse Aviation Alert
 modification to the pitot/AOA         effective date of this AD.            Service Bulletin Number SB 500-34-
 system. When incorporated, this                                             005, Rev B, issued July 10, 2007.
 design modification terminates the
 Airplane Flight Manual (AFM)
 operational limitations required in
 paragraph (e)(1) of this AD.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Fort Worth Airplane Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Al 
Wilson, Flight Test Pilot, 2601 Meacham Blvd., Fort Worth, Texas 
76137-4298; telephone: (817) 222-5146; fax: (817) 222-5960. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (g) AMOCs approved for AD 2007-13-11 are approved for this AD.

Related Information

    (h) To get copies of the service information referenced in this 
AD, contact Eclipse Aviation Corporation, 2503 Clark Carr Loop, SE, 
Albuquerque, NM 87105, fax: 505-241-8802; e-mail: 
customercare@eclipseaviation.com. To view the AD docket, go to U.S. 

Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590, or on the Internet at http://www.regulations.gov. The 

docket number is Docket No.FAA-2007-29316; Directorate Identifier 
2007-CE-078-AD.

    Issued in Kansas City, Missouri, on October 15, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-20630 Filed 10-18-07; 8:45 am]

BILLING CODE 4910-13-P
