Airworthiness Directives; Eclipse Aviation Corporation Model EA500 Airplanes, 45857-45860 [E8-17786]
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations
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PART 352—NONDISCRIMINATION ON
THE BASIS OF DISABILITY
3. The authority citation for part 352
continues to read as follows:
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Authority: 12 U.S.C. 1819(a); 29 U.S.C.
794d.
4. The second and third sentences of
§ 352.9(b) are revised to read as follows:
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§ 352.9
Communications.
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(b) * * * Interested persons may
obtain such information by calling,
writing or visiting the FDIC Office of
Diversity and Economic Opportunity
(ODEO), located at 3501 Fairfax Drive,
Arlington, VA 22226. The FDIC
telephone number is (877) 275–3342 or
(703) 562–2473 (TTY).
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I 5. The last sentence of § 352.10(c) is
revised to read as follows:
§ 352.10
Compliance procedures.
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(c) * * * All complaints should be
sent to the FDIC’s Office of Diversity
and Economic Opportunity, 3501
Fairfax Drive, Arlington, VA 22226.
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Dated this 31st day of July, 2008.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. E8–18052 Filed 8–6–08; 8:45 am]
BILLING CODE 6714–01–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
rmajette on PRODPC74 with RULES
AGENCY:
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.
VerDate Aug<31>2005
15:21 Aug 06, 2008
Jkt 214001
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 FAAapproved 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
https://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 https://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
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
45857
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
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations
Examining the AD Docket
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.
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 https://
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.
You may examine the AD docket that
contains the AD, the regulatory
evaluation, any comments received, and
other information on the Internet at
https://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.
Authority for This Rulemaking
List of Subjects in 14 CFR Part 39
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.
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.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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.
rmajette on PRODPC74 with RULES
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
VerDate Aug<31>2005
15:21 Aug 06, 2008
Jkt 214001
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.
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Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
a new AD to read as follows:
I
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
(c) This AD affects Model EA500 airplanes,
all serial numbers, that are certificated in any
category.
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:
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations
45859
Actions
Compliance
Procedures
(1) Insert the following into the emergency and
normal procedures sections of the applicable
EA500 pilots operating handbook (POH) and
airplane flight manual (AFM):
(i) For POH/AFM part number (P/N) 06–
122204: Temporary Revision No. 005 To
EA500 POH and FAA-Approved Airplane
Flight Manual, L & R ENG CONTROL
FAIL, dated June 12, 2008; and Temporary
Revision No. 006 To EA500 POH and
FAA-Approved Airplane 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, inserting
Section 3, Emergency Procedures, Revision
1, dated June 25, 2008; and Section 4, Normal Procedures, Revision 1, dated June 25,
2008, satisfies the requirement specified in
paragraph (e)(1)(i) of this AD.
Before further flight after August 7, 2008 (the
effective date of this AD). If you previously
did this action per compliance with emergency AD 2008–13–51, then you may take
‘‘unless already done’’ credit for this portion
of the AD.
Under 14 CFR section 43.7 of the Federal
Aviation Administration Regulations (14
CFR 43.7), the owner/operator holding at
least a private pilot certificate is allowed to
insert the AFM temporary revisions. Make
an entry into the 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).
Before further flight after August 7, 2008 (the
effective date of this AD).
(3) Inspect and modify (as applicable) the throttle quadrant assembly (TQA).
(i) If you have done all the actions of emergency AD 2008–13–51 before August 7,
2008 (the effective date of this AD), an appropriately-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).
Before further flight after the inspection where
any TQA failed.
Under 14 CFR section 43.7 of the Federal
Aviation Administration Regulations (14
CFR 43.7), the owner/operator holding at
least a private pilot certificate is allowed to
insert the AFM temporary revisions. Make
an entry into the 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).
Follow the instructions in Eclipse Aviation
Alert Service Bulletin SB 500–76–001, REV
B, dated July 22, 2008.
rmajette on PRODPC74 with RULES
(4) If any TQA fails the inspection required in
paragraph (e)(3) of this AD, replace the TQA
with a TQA that passes the test procedure
set 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:
VerDate Aug<31>2005
15:21 Aug 06, 2008
Jkt 214001
505–241–8802; e-mail:
customercare@eclipseaviation.com.
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Replace the TQA using FAA-approved procedures. Contact the FAA at the address in
paragraph (f) of this AD for an FAA-approved procedure.
Alternative Methods of Compliance
(f) The Manager, Fort Worth Airplane
Certification Office, FAA, ATTN: Mitchell
Soth, FAA, 2601 Meacham Blvd, Fort Worth,
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations
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: https://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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 97
[Docket No. 30620; Amdt. No 3280]
Standard Instrument Approach
Procedures, and Takeoff Minimums
and Obstacle Departure Procedures;
Miscellaneous Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
rmajette on PRODPC74 with RULES
AGENCY:
SUMMARY: This Rule establishes,
amends, suspends, or revokes
STANDARD Instrument Approach
Procedures (SIAPs) and associated
Takeoff Minimums and Obstacle
Departure Procedures for operations at
certain airports. These regulatory
actions are needed because of the
adoption of new or revised criteria, or
because of changes occurring in the
National Airspace System, such as the
commissioning of new navigational
facilities, adding new obstacles, or
VerDate Aug<31>2005
15:21 Aug 06, 2008
Jkt 214001
changing air traffic requirements. These
changes are designed to provide safe
and efficient use of the navigable
airspace and to promote safe flight
operations under instrument flight rules
at the affected airports.
DATES: This rule is effective August 7,
2008. The compliance date for each
SIAP, associated Takeoff Minimums,
and ODP is specified in the amendatory
provisions.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of August 7,
2008.
ADDRESSES: Availability of matters
incorporated by reference in the
amendment is as follows:
For Examination—
1. FAA Rules Docket, FAA
Headquarters Building, 800
Independence Avenue, SW.,
Washington, DC 20591;
2. The FAA Regional Office of the
region in which the affected airport is
located;
3. The National Flight Procedures
Office, 6500 South MacArthur Blvd.,
Oklahoma City, OK 73169 or
4. The National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
Availability—All SIAPs and Takeoff
Minimums and ODPs are Available
online free of charge. Visit nfdc.faa.gov
to register. Additionally, individual
SIAP and Takeoff Minimums and ODP
copies may be obtained from:
1. FAA Public Inquiry Center (APA–
200), FAA Headquarters Building, 800
Independence Avenue, SW.,
Washington, DC 20591; or
2. The FAA Regional Office of the
region in which the affected airport is
located.
FOR FURTHER INFORMATION CONTACT:
Harry J. Hodges, Flight Procedure
Standards Branch (AFS–420), Flight
Technologies and Programs Divisions,
Flight Standards Service, Federal
Aviation Administration, Mike
Monroney Aeronautical Center, 6500
South MacArthur Blvd., Oklahoma City,
OK 73169 (Mail Address: P.O. Box
25082, Oklahoma City, OK 73125)
Telephone: (405) 954–4164.
SUPPLEMENTARY INFORMATION: This rule
amends Title 14 of the Code of Federal
Regulations, Part 97 (14 CFR part 97), by
Establishing, amending, suspending, or
revoking SIAPS, Takeoff Minimums
and/or ODPS. The complete regulators
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description of Each SIAP and its
associated Takeoff Minimums or ODP
for an Identified airport is listed on FAA
form documents which are Incorporated
by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14
CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260–3, 8260–4,
8260–5, 8260–15A, and 8260–15B when
required by an entry on 8260–15A.
The large number of SIAPs, Takeoff
Minimums and ODPs, in addition to
their complex nature and the need for
a special format make publication in the
Federal Register expensive and
impractical. Furthermore, airmen do not
use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead
refer to their depiction on charts printed
by publishers of aeronautical materials.
This, the advantages of incorporation by
reference are realized and publication of
the complete description of each SIAP,
Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This
amendment provides the affected CFR
sections and specifies the types of SIAPs
and the effective dates of the Associated
Takeoff Minimums and ODPs. This
amendment also identifies the airport
and its location, the procedure, and the
amendment number.
The Rule
This amendment to 14 CFR part 97 is
effective upon publication of each
separate SIAP, Takeoff Minimums and
ODP as contained in the transmittal.
Some SIAP and Takeoff Minimums and
textual ODP amendments may have
been issued previously by the FAA in a
Flight Data Center (FDC) Notice to
Airmen (NOTAM) as an emergency
action of immediate flight safety relating
directly to published aeronautical
charts. The circumstances which
created the need for some SIAP and
Takeoff Minimums and ODP
amendments may require making them
effective in less than 30 days. For the
remaining SIAPS and Takeoff
Minimums and ODPS, an effective date
at least 30 days after publication is
provided.
Further, the SIAPs and Takeoff
Minimums and ODPS contained in this
amendment are based on the criteria
contained in the U.S. Standard for
Terminal Instrument Procedures
(TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the
TERPS criteria were applied to the
conditions existing or anticipated at the
affected airports. Because of the close
and immediate relationship between
these SIAPs, Takeoff Minimums and
ODPs, and safety in air commerce, I find
that notice and public procedures before
adopting these SIAPS, Takeoff
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]]>Agencies
[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Rules and Regulations]
[Pages 45857-45860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17786]
=======================================================================
-----------------------------------------------------------------------
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 https://
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 https://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 https://
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 https://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
(c) This AD affects Model EA500 airplanes, all serial numbers,
that are certificated in any category.
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: https://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
