[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:
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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 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:
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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 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.
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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.
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]
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