[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]
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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.
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[[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).
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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:
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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
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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]]
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Actions Compliance Procedures
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(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.
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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