[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Proposed Rules]
[Pages 39472-39475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16740]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0691; Directorate Identifier 2010-CE-027-AD]
RIN 2120-AA64
Airworthiness Directives; Eclipse Aerospace, Inc. Model EA500
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Eclipse Aerospace, Inc. (Eclipse) Model EA500 airplanes. This
proposed AD would require incorporating changes to the electronic
flight information system and the airplane flight manuals. This
proposed AD results from reports of uncommanded changes to the
communications radio frequency, altitude preselect, and/or transponder
codes. We are proposing this AD to correct faulty integration of
hardware and software, which could result in unannunciated, uncommanded
changes in communications radio frequency, transponder codes, and
altitude preselect settings. These uncommanded changes could result in
loss of communication with air traffic control due to improper
communications frequency, autopilot level off at the incorrect
altitude, or air traffic control loss of proper tracking of the
aircraft.
DATES: We must receive comments on this proposed AD by August 23, 2010.
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.
[[Page 39473]]
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 Aerospace, Incorporated, 2503 Clark Carr Loop, SE.,
Albuquerque, New Mexico 87106; telephone: (505) 724-1200.
FOR FURTHER INFORMATION CONTACT: Eric Kinney, Aerospace Engineer, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone: (817) 222-5459; 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-
2010-0691; Directorate Identifier 2010-CE-027-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
We have received reports of uncommanded changes in communications
radio frequency, transponder codes, and altitude preselect settings on
Eclipse EA500 airplanes. The majority of reports consisted of
uncommanded transponder code changes, instances of uncommanded altitude
preselect changes have also been noted. The uncommanded radio
frequencies settings have only been reported during flight test. Root
cause was determined to be a software communication integration issue
between the EFIS display interface and associated hardware.
This condition, if not corrected, could result in uncommanded
changes in communications radio frequency, transponder codes, and
altitude preselect settings. These uncommanded changes could result in
loss of communication with air traffic control due to improper
communications frequency, autopilot level off at the incorrect
altitude, or air traffic control loss of proper tracking of the
aircraft.
Relevant Service Information
We have reviewed Eclipse Aviation Required Service Bulletin SB 500-
31-015, REV D, dated January 14, 2009; and Eclipse Aviation Recommended
Service Bulletin SB 500-99-005, REV A, dated February 16, 2009.
The service information describes procedures for incorporating
changes to the electronic flight information system by the following
means:
the electronic flight instrument system 1.3 software
update; and
the avionics upgrade to AVIO NG + 1.5 configuration.
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 require you to incorporate changes to the electronic flight
information system and the airplane flight manuals.
Costs of Compliance
We estimate that this proposed AD would affect 168 airplanes in the
U.S. registry.
Owners/operators would comply with this proposed AD action by doing
either of the following update options. We have no way of knowing the
number of airplanes that would receive each of these upgrades.
We estimate the following costs to do the proposed electronic
flight instrument system 1.3 software update:
------------------------------------------------------------------------
Total cost per
Labor cost Parts cost airplane
------------------------------------------------------------------------
2 work-hours x $85 per hour = $600 to $1,500.... $770 to $1,670.
$170.
------------------------------------------------------------------------
We estimate the following costs to do the proposed avionics
upgrade to AVIO NG + 1.5 configuration:
------------------------------------------------------------------------
Total cost per
Labor cost Parts cost airplane
------------------------------------------------------------------------
198 work-hours x $85 per hour = $16,830. $233,120 $249,950
------------------------------------------------------------------------
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;
[[Page 39474]]
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, Incorporation by
reference, 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 adding the following new AD:
Eclipse Aerospace, Inc.: Docket No. FAA-2010-0691; Directorate
Identifier 2010-CE-027-AD.
Comments Due Date
(a) We must receive comments on this airworthiness directive
(AD) action by August 23, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model EA500 airplanes with the following
serial numbers (SNs) that are certificated in any category:
(1) SNs 000105 through 000112, 000116 through 000119, 000121
through 000122, and 000125 through 000260;
(2) SNs 000039 through 000104, 000113 through 000115, 000120,
and 000123 through 000124, that incorporate Performance Enhancement
& Drag Reduction Modification per any revision level of Eclipse SB
500-99-001; and
(3) SNs 000001 through 000038, that incorporate Performance
Enhancement & Drag Reduction Modification per any revision level of
Eclipse SB 500-99-001 and Avionics Upgrade to AVIO NG Configuration
for ETT Configured Aircraft per any revision level of Eclipse SB
500-99-002.
Subject
(d) Air Transport Association of America (ATA) Code 23:
Communications.
Unsafe Condition
(e) This AD results from reports of uncommanded changes to the
communications radio frequency, altitude preselect, and/or
transponder codes. We are issuing this AD to correct faulty
integration of hardware and software, which could result in
unannunciated, uncommanded changes in communications radio
frequency, transponder codes, and altitude preselect settings. These
uncommanded changes could result in loss of communication with air
traffic control due to improper communications frequency, autopilot
level off at the incorrect altitude, or air traffic control loss of
proper tracking of the aircraft.
Compliance
(f) To address this problem, you must do the following, unless
already done:
----------------------------------------------------------------------------------------------------------------
Actions Compliance Procedures
----------------------------------------------------------------------------------------------------------------
(1) Incorporate either of the Incorporate within the next 6 months Follow, as appropriate, Eclipse
following set of upgrades: after the effective date of this Aviation Required Service Bulletin
(i) Electronic flight instrument AD. SB 500-31-015, REV D, dated January
system (EFIS) 1.3 software update 14, 2009; or Eclipse Aviation
with one of the following airplane Recommended Service Bulletin SB 500-
flight manual revisions: 99-005, REV A, dated February 16,
2009.
(A) Temporary Revision (TR) 010,
Airplane Flight Manual part
number (P/N) 06[dash]122204
Before 3-45, Revision 01 and TR
009, Quick Reference Handbook P/
N 06[dash]122205, Revision 01;
(B) TR 010A, Airplane Flight
Manual P/N 06-122204 Before 3-
51, Revision 02 and TR 009A,
Quick Reference Handbook P/N 06-
122205, Revision 02, or
(C) Airplane Flight Manual P/N
06[dash]122204 Revision 3,
dated February 3, 2010, and
Quick Reference Handbook P/N
06[dash]122205, Revision 03.
(ii) Avionics upgrade to AVIO NG
+ 1.5 Configuration and
Aircraft Flight Manual, P/N
06[dash]122204, Revision 2,
dated November 7, 2008, or AVIO
NG + 1.5 configuration and
Aircraft Flight Manual, P/N
06[dash]122204, Revision 3,
dated February 10, 2010.
[[Page 39475]]
(2) Send the completed service Within 30 days after you incorporate Not Applicable.
bulletin compliance record required the revisions required by paragraph
by paragraph (f)(1)(i) of this AD (f)(1)(i) of this AD or paragraph
or paragraph (f)(1)(ii) of this AD (f)(1)(ii) of this AD or within 30
to the address identified in days after the effective date of
paragraph (g) of this AD. The this AD, whichever occurs later.
Office of Management and Budget
(OMB) approved the information
collection requirements contained
in this regulation under the
provisions of the Paperwork
Reduction Act of 1980 (44 U.S.C.
3501 et seq.) and assigned OMB
Control Number 2120-0056.
----------------------------------------------------------------------------------------------------------------
Alternative Methods of Compliance (AMOCs)
(g) The Manager, Fort Worth Airplane Certification Office (ACO),
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: Eric Kinney, Fort Worth ACO, Aerospace Engineer, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone: (817) 222-5459; 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.
Related Information
(h) To get copies of the service information referenced in this
AD, contact Eclipse Aviation Corporation, 2503 Clark Carr Loop, SE.,
Albuquerque, New Mexico 87106; telephone: (505) 724-1200. 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.
Issued in Kansas City, Missouri, on July 1, 2010.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-16740 Filed 7-8-10; 8:45 am]
BILLING CODE 4910-13-P