

[Federal Register: January 22, 2008 (Volume 73, Number 14)]
[Rules and Regulations]               
[Page 3618-3619]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja08-2]                         


[[Page 3618]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29316; Directorate Identifier 2007-CE-078-AD; 
Amendment 39-15334; AD 2008-02-04]
RIN 2120-AA64

 
Airworthiness Directives; Eclipse Aviation Corporation Model 
EA500 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) that 
supersedes 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 
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 AD limits the applicability to airplanes 
under S/N 000065 and requires incorporating the modification. This AD 
also retains the operating limitations in AD 2007-13-11 until the 
modification is incorporated. We are issuing this AD to prevent long-
term reliance on special operating limitations when a design change 
exists that will eliminate the need for the operating limitations. 
Incorporating the modification will prevent loss of air pressure in the 
pitot system, which could cause erroneous AOA and airspeed information 
with consequent loss of control.

DATES: This AD becomes effective on February 26, 2008.
    On February 26, 2008, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: For service information identified 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 FAA-2007-29316; 

Directorate Identifier 2007-CE-078-AD.

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:

Discussion

    On October 15, 2007, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to all Eclipse Aviation Corporation (Eclipse) Model EA500 
airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on October 19, 2007 (72 FR 59225). 
The NPRM proposed to 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/angle-of-attack (AOA) system. The 
NPRM also proposed to retain the operating limitations in AD 2007-13-11 
until the modification is incorporated.

Comments

    We provided the public the opportunity to participate in developing 
this AD. We received no comments on the proposal or on the 
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
minor corrections:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 64 airplanes in the U.S. registry.
    We estimate the following costs to do the 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 AD.

Regulatory Findings

    We have 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 that 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.

[[Page 3619]]

    We prepared a summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2007-29316; Directorate Identifier 2007-CE-078-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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 removing Airworthiness Directive (AD) 
2007-13-11, Amendment 39-15115 (72 FR 34363, June 22, 2007), and adding 
the following new AD:

2008-02-04 Eclipse Aviation Corporation: Amendment 39-15334; Docket 
No. FAA-2007-29316; Directorate Identifier 2007-CE-078-AD.

Effective Date

    (a) This AD becomes effective on February 26, 2008.

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:

----------------------------------------------------------------------------------------------------------------
               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         Following Eclipse Aviation Alert
 modification to the pitot/AOA         February 26, 2008 (the effective      Service Bulletin Number SB 500-34-
 system. When incorporated, this       date of this AD).                     005, Rev B, issued July 10, 2007.
 design modification terminates the
 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.

Material Incorporated by Reference

    (h) You must use Eclipse Aviation Alert Service Bulletin Number 
SB 500-34-005, Rev B, issued July 10, 2007, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Eclipse Aviation Corporation, 2503 Clark Carr Loop, SE., 
Albuquerque, NM 87105, fax: 505-241-8802; e-mail: 
customercare@eclipseaviation.com.

    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.


    Issued in Kansas City, Missouri, on January 9, 2007.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-751 Filed 1-18-08; 8:45 am]

BILLING CODE 4910-13-P
