FR Doc E8-17786

[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Rules and Regulations]
[Page 45857-45860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au08-3]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0837; Directorate Identifier 2008-CE-043-AD;
Amendment 39-15633; AD 2008-16-15]
RIN 2120-AA64

Airworthiness Directives; Eclipse Aviation Corporation Model
EA500 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding emergency Airworthiness Directive (AD)
2008-13-51, which currently applies to all owners/operators of Eclipse
Aviation Corporation (Eclipse) Model EA500 airplanes that received the
emergency AD by letter issued June 12, 2008. Emergency AD 2008-13-51
requires owner/operators to insert temporary revisions into the
emergency and normal procedures sections of the airplane flight manual
(AFM), do a pilot evaluation of the throttles with replacement as
necessary, and report the evaluation results to the FAA. Emergency AD
2008-13-51 was the result of the throttle position exceeding its
maximum range. Since issuing that AD, Eclipse developed an FAA-approved
test procedure and issued Eclipse Aviation Alert Service Bulletin SB
500-76-001, REV B, dated July 22, 2008. The service bulletin provides a
standardized procedure for testing and modifying (as applicable) the
throttle lever with replacement as necessary. We are issuing this AD to
mandate the actions in this service bulletin to be done by a person
authorized to perform maintenance and reduce the likelihood of the
throttle position signal exceeding its maximum range, which could cause
loss of left and right engine control. This condition could result in
the inability to maintain desired airspeed and/or altitude with
consequent loss of control.

DATES: This AD becomes effective on August 7, 2008.
On August 7, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
We must receive any comments on this AD by October 6, 2008.

ADDRESSES: Use one of the following addresses to comment on this 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.
To get the service information identified in this AD, contact
Eclipse Aviation Corporation, 2503 Clark Carr Loop, SE., Albuquerque,
New Mexico 87106; telephone: (505) 724-1200.
To view the comments to this AD, go to http://www.regulations.gov.
The docket number is FAA-2008-0837; Directorate Identifier 2008-CE-043-
AD.

FOR FURTHER INFORMATION CONTACT: Mitchell Soth, Aerospace Engineer,
FAA, Forth Worth Airplane Certification Office, 2601 Meacham Blvd.,
Fort Worth, Texas 76137; telephone: (817) 222-5104; fax: (817) 222-
5960.

SUPPLEMENTARY INFORMATION:

Discussion

Following a wind shear encounter on final approach, the pilot of an
Eclipse Model EA500 airplane applied full throttle using enough force
against the forward stops to exceed the design throttle position signal
maximum range. The associated fault mode held the engine thrust
settings at the last known throttle position, which was maximum.
Following the balked landing, the pilot elected to shutdown one
engine. Upon shutdown of the one engine, the opposite engine thrust
reduced to idle and was unresponsive to subsequent throttle lever
movement. The pilot was able to land the airplane with no injury or
substantial damage. Both main tires were blown during the event.
Exceeding the throttle position signal maximum range could cause
loss of left and right engine control, which could result in the
inability to maintain desired airspeed and/or altitude with consequent
loss of control.
On June 12, 2008, the FAA issued emergency AD 2008-13-51 to require
owner/operators to insert the following into emergency and normal
procedures sections of the EA500 pilots operating handbook (POH) and
airplane flight manual (AFM), as applicable:
Temporary Revision No. 005 To EA500 POH and FAA-Approved
Airplane Flight Manual, L & R ENG CONTROL FAIL, AFM part number (P/N)
06-122204, dated June 12, 2008;
Temporary Revision No. 006 To EA500 POH and FAA-Approved
Airplane Flight Manual, THROTTLE STOPS, AFM P/N 06-122204, dated June
12, 2008;
Temporary Revision No. 007 To EA500 POH and FAA-Approved
Airplane Flight Manual, L & R ENG CONTROL FAIL, AFM P/N 06-121654,
dated June 12, 2008;
Temporary Revision No. 008 To EA500 POH and FAA-Approved
Airplane Flight Manual, THROTTLE STOPS, AFM P/N 06-121654, dated June
12, 2008;
Temporary Revision No. 013 To EA500 POH and FAA-Approved
Airplane Flight Manual, L & R ENG CONTROL FAIL, AFM P/N 06-100106,
dated June 12, 2008; and
Temporary Revision No. 014 To EA500 POH and FAA-Approved
Airplane Flight Manual, THROTTLE STOPS, AFM P/N 06-100106, dated June
12, 2008.
The emergency AD also required an evaluation of the throttles with

[[Page 45858]]

replacement as necessary and a report of the evaluation results to the
FAA.
Emergency AD 2008-13-51 allowed the pilot to do the evaluation of
the throttle. The FAA has since determined that the throttles must be
inspected and modified (as applicable) by a person authorized to
perform maintenance as specified in 14 CFR section 43.3 of the Federal
Aviation Administration Regulations (14 CFR 43.3) following Eclipse
Aviation Alert Service Bulletin SB 500-76-001, REV B, dated July 22,
2008. The FAA has also determined the reporting requirement is no
longer necessary.

Relevant Service Information

We reviewed Eclipse Aviation Alert Service Bulletin SB 500-76-001,
REV B, dated July 22, 2008. The service information describes
procedures for inspecting and modifying (as applicable) the throttles
with replacement as necessary.

FAA's Determination and Requirements of This AD

We are issuing this AD because we evaluated all the information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This AD
supersedes emergency AD 2008-13-51 and requires the following:
Inserting the above-mentioned temporary revisions into the
appropriate AFM; and
Inspecting and modifying (as applicable) the throttles
with replacement as necessary.
This is considered interim action. We may take future rulemaking
action.

FAA's Determination of the Effective Date

Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
public comment before issuing this AD are impracticable, and that good
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and an opportunity for
public comment. We invite you to send any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number ``FAA-2008-0837;
Directorate Identifier 2008-CE-043-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the 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 AD.

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 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 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 AD and placed it in the AD docket.

Examining the AD Docket

You may examine the AD docket that contains the 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, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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 adding a new AD to read as follows:

2008-16-15 Eclipse Aviation Corporation: Amendment 39-15633; Docket
No. FAA-2008-0837; Directorate Identifier 2008-CE-043-AD.

Effective Date

(a) This AD becomes effective on August 7, 2008.

Affected ADs

(b) This AD supersedes emergency AD 2008-13-51, which was sent
by individual letter issued June 12, 2008, to owners/operators of
Eclipse Model EA500 airplanes.

Applicability

Unsafe Condition

(d) This AD is the result of the throttle position exceeding its
maximum range. We are issuing this AD to reduce the likelihood of
the throttle position signal exceeding its maximum range, which
could cause loss of left and right engine control. This condition
could result in the inability to maintain desired airspeed and/or
altitude with consequent loss of control.

Compliance

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

[[Page 45859]]

----------------------------------------------------------------------------------------------------------------
Actions Compliance Procedures
----------------------------------------------------------------------------------------------------------------
(1) Insert the following into the Before further flight after August Under 14 CFR section 43.7 of the
emergency and normal procedures 7, 2008 (the effective date of this Federal Aviation Administration
sections of the applicable EA500 AD). If you previously did this Regulations (14 CFR 43.7), the
pilots operating handbook (POH) and action per compliance with owner/operator holding at least a
airplane flight manual (AFM): emergency AD 2008-13-51, then you private pilot certificate is
(i) For POH/AFM part number (P/N) 06- may take ``unless already done'' allowed to insert the AFM temporary
122204: Temporary Revision No. 005 credit for this portion of the AD. revisions. Make an entry into the
To EA500 POH and FAA-Approved aircraft logbook showing compliance
Airplane Flight Manual, L & R ENG with this portion of the AD per
CONTROL FAIL, dated June 12, 2008; compliance with section 43.9 of the
and Temporary Revision No. 006 To Federal Aviation Regulations (14
EA500 POH and FAA-Approved Airplane CFR 43.9).
Flight Manual, THROTTLE STOPS,
dated June 12, 2008.
(ii) For POH/AFM P/N 06-121654: .................................... ....................................
Temporary Revision No. 007 To
EA500 POH and FAA-Approved
Airplane Flight Manual, L & R ENG
CONTROL FAIL, dated June 12,
2008; and Temporary Revision No.
008 To EA500 POH and FAA-Approved
Airplane Flight Manual, THROTTLE
STOPS, dated June 12, 2008.
(iii) For POH/AFM P/N 06-100106: .................................... ....................................
Temporary Revision No. 013 To
EA500 POH and FAA-Approved
Airplane Flight Manual, L & R ENG
CONTROL FAIL, dated June 12,
2008; and Temporary Revision No.
014, To EA500 POH and FAA-
Approved Airplane Flight Manual,
THROTTLE STOPS, dated June 12,
2008.
(2) For POH/AFM P/N 06-122204, Before further flight after August Under 14 CFR section 43.7 of the
inserting Section 3, Emergency 7, 2008 (the effective date of this Federal Aviation Administration
Procedures, Revision 1, dated June AD). Regulations (14 CFR 43.7), the
25, 2008; and Section 4, Normal owner/operator holding at least a
Procedures, Revision 1, dated June private pilot certificate is
25, 2008, satisfies the requirement allowed to insert the AFM temporary
specified in paragraph (e)(1)(i) of revisions. Make an entry into the
this AD. aircraft logbook showing compliance
with this portion of the AD per
compliance with section 43.9 of the
Federal Aviation Regulations (14
CFR 43.9).
(3) Inspect and modify (as (i) If you have done all the actions Follow the instructions in Eclipse
applicable) the throttle quadrant of emergency AD 2008-13-51 before Aviation Alert Service Bulletin SB
assembly (TQA). August 7, 2008 (the effective date 500-76-001, REV B, dated July 22,
of this AD), an appropriately- 2008.
licensed mechanic must do the
inspection required by this AD at
whichever of the following occurs
first:
(A) No later than the next ....................................
maintenance check; or
(B) Within the next 60 days after ....................................
August 7, 2008 (the effective date
of this AD).
(ii) If you have not done all of the ....................................
actions of emergency AD 2008-13-51
as of August 7, 2008 (the effective
date of this AD), an appropriately-
licensed mechanic must do the
inspection required by this AD
before further flight after August
7, 2008 (the effective date of this
AD). You may operate the airplane
up to 10 hours time-in-service to
reposition the airplane to the
service center or maintenance
facility doing the inspection
provided the flight(s) occur(s)
within 30 days after August 7, 2008
(the effective date of this AD).
(4) If any TQA fails the inspection Before further flight after the Replace the TQA using FAA-approved
required in paragraph (e)(3) of inspection where any TQA failed. procedures. Contact the FAA at the
this AD, replace the TQA with a TQA address in paragraph (f) of this AD
that passes the test procedure set for an FAA-approved procedure.
forth in Eclipse Aviation Alert
Service Bulletin SB 500-76-001, REV
B, dated July 22, 2008.
----------------------------------------------------------------------------------------------------------------

Note: To get copies of the temporary revisions specified in this
AD, contact Eclipse Aviation Corporation, 2503 Clark Carr Loop, SE.,
Albuquerque, NM 87105, fax: 505-241-8802; e-mail:
customercare@eclipseaviation.com.

Alternative Methods of Compliance

(f) The Manager, Fort Worth Airplane Certification Office, FAA,
ATTN: Mitchell Soth, FAA, 2601 Meacham Blvd, Fort Worth,

[[Page 45860]]

Texas 76137; telephone: (817) 222-5104; fax: (817) 222-5960, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. 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.

Material Incorporated by Reference

(g) You must use Eclipse Aviation Alert Service Bulletin SB 500-
76-001, REV B, dated July 22, 2008, 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, Room 506, 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/cfr/ibr-locations.html.

Issued in Kansas City, Missouri, on July 29, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-17786 Filed 8-6-08; 8:45 am]

BILLING CODE 4910-13-P