Airworthiness Directives; Eclipse Aerospace, Inc. Model EA500 Airplanes, 39472-39475 [2010-16740]
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Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Proposed Rules
(d) Adequate protection. The adequate
protection referred to in paragraph (c) of
this section may be provided by:
(1) Requiring the limited-life
regulated entity to make a cash payment
or periodic cash payments to the holder
of the earlier lien, to the extent that
there is likely to be a decrease in the
value of such holder’s interest in the
property subject to the lien;
(2) Providing to the holder of the
earlier lien an additional or replacement
lien to the extent that there is likely to
be a decrease in the value of such
holder’s interest in the property subject
to the lien; or
(3) Granting the holder of the earlier
lien such other relief, other than
entitling such holder to compensation
allowable as an administrative expense
under section 1367(c) of the Safety and
Soundness Act, as will result in the
realization by such holder of the
equivalent of such holder’s interest in
such property.
Subpart D—Other
(a) Except as provided in paragraph
(b) of this section, a regulated entity
shall make no capital distribution while
in conservatorship.
(b) The Director may authorize, or
may delegate the authority to authorize,
a capital distribution that would
otherwise be prohibited by paragraph (a)
of this section if he or she determines
that such capital distribution:
(1) Will enhance the ability of the
regulated entity to meet the risk-based
capital level and the minimum capital
level for the regulated entity;
(2) Will contribute to the long-term
financial safety and soundness of the
regulated entity;
(3) Is otherwise in the interest of the
regulated entity; or
(4) Is otherwise in the public interest.
(c) This section is intended to
supplement and shall not replace or
affect any other restriction on capital
distributions imposed by statute or
regulation.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
§ 1237.13 Payment of Securities Litigation
Claims while in conservatorship.
(a) Payment of Securities Litigation
Claims while in conservatorship. The
Agency, as conservator, will not pay a
Securities Litigation Claim against a
regulated entity, except to the extent the
Director determines is in the interest of
the conservatorship.
(b) Claims against limited-life
regulated entities. A limited-life
regulated entity shall not assume,
acquire, or succeed to any obligation
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§ 1237.14
damages arising from the purchase, sale,
or retention of such a security.
*
*
*
*
*
Dated: June 30, 2010.
Edward J. DeMarco,
Acting Director, Federal Housing Finance
Agency.
[FR Doc. 2010–16723 Filed 7–8–10; 8:45 am]
BILLING CODE 8070–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Reserved].
CHAPTER XVII—OFFICE OF FEDERAL
HOUSING ENTERPRISE OVERSIGHT,
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
[Docket No. FAA–2010–0691; Directorate
Identifier 2010–CE–027–AD]
PART 1777—PROMPT CORRECTIVE
ACTION
Airworthiness Directives; Eclipse
Aerospace, Inc. Model EA500
Airplanes
2. The authority citation for part 1777
is revised to read as follows:
Authority: 12 U.S.C. 1452(b)(2), 1456(c),
1718(c)(2), 1723a(k), 4513(a), 4513(b), 4514,
4517, 4611–4618, 4622, 4623, 4631, 4635.
§ 1237.12 Capital distributions while in
conservatorship.
VerDate Mar<15>2010
that a regulated entity for which a
receiver has been appointed may have
to any shareholder of the regulated
entity that arises as a result of the status
of that person as a shareholder of the
regulated entity, including any
Securities Litigation Claim. No
shareholder or creditor of a regulated
entity shall have any right or claim
against the charter of the regulated
entity once the Agency has been
appointed receiver for the regulated
entity and a limited-life regulated entity
succeeds to the charter pursuant to this
section.
3. Amend § 1777.3 by revising the
definition of ‘‘Capital distribution’’ to
read as follows:
§ 1777.3
Definitions.
*
*
*
*
*
Capital distribution means:
(1) Any dividend or other distribution
in cash or in kind made with respect to
any shares of, or other ownership
interest in, an Enterprise, except a
dividend consisting only of shares of the
Enterprise;
(2) Any payment made by an
Enterprise to repurchase, redeem, retire,
or otherwise acquire any of its shares or
other ownership interests, including any
extension of credit made to finance an
acquisition by the Enterprise of such
shares or other ownership interests,
except to the extent the Enterprise
makes a payment to repurchase its
shares for the purpose of fulfilling an
obligation of the Enterprise under an
employee stock ownership plan that is
qualified under the Internal Revenue
Code of 1986 (26 U.S.C. 401 et seq.) or
any substantially equivalent plan as
determined by the Director of FHFA in
writing in advance; and
(3) Any payment of any claim,
whether or not reduced to judgment,
liquidated or unliquidated, fixed,
contingent, matured or unmatured,
disputed or undisputed, legal, equitable,
secured or unsecured, arising from
rescission of a purchase or sale of an
equity security of an Enterprise or for
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RIN 2120–AA64
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
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.
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Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Proposed Rules
• 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 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 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–
39473
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:
Labor cost
Parts cost
Total cost per airplane
2 work-hours × $85 per hour = $170 ......................................................
$600 to $1,500 ..............................
$770 to $1,670.
We estimate the following costs to do
the proposed avionics upgrade to AVIO
NG + 1.5 configuration:
Labor cost
Parts cost
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
198 work-hours × $85 per hour = $16,830 .............................................................................................................
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
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14:51 Jul 08, 2010
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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
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$233,120
Total cost per
airplane
$249,950
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;
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Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Proposed Rules
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.
The Proposed Amendment
Examining the AD Docket
§ 39.13
You may examine the AD docket that
contains the proposed 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.
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.
[Amended]
2. The FAA amends § 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:
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Actions
Compliance
Procedures
(1) Incorporate either of the following set of upgrades:
(i) Electronic flight instrument system
(EFIS) 1.3 software update with one of
the following airplane flight manual revisions:
(A) Temporary Revision (TR) 010, Airplane
Flight Manual part number (P/N)
06-122204 Before 3–45, Revision 01 and
TR 009, Quick Reference Handbook P/N
06-122205, 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 06-122204
Revision 3, dated February 3, 2010, and
Quick
Reference
Handbook
P/N
06-122205, Revision 03.
(ii) Avionics upgrade to AVIO NG + 1.5
Configuration and Aircraft Flight Manual,
P/N 06-122204, Revision 2, dated November 7, 2008, or AVIO NG + 1.5 configuration and Aircraft Flight Manual, P/N
06-122204, Revision 3, dated February
10, 2010.
Incorporate within the next 6 months after the
effective date of this AD.
Follow, as appropriate, Eclipse Aviation Required Service Bulletin SB 500–31–015,
REV D, dated January 14, 2009; or Eclipse
Aviation Recommended Service Bulletin SB
500–99–005, REV A, dated February 16,
2009.
VerDate Mar<15>2010
14:51 Jul 08, 2010
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Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Proposed Rules
Actions
Compliance
(2) Send the completed service bulletin compliance record required by paragraph (f)(1)(i) of
this AD or paragraph (f)(1)(ii) of this AD to
the address identified in paragraph (g) of this
AD. The 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.
Within 30 days after you incorporate the revisions required by paragraph (f)(1)(i) of this
AD or paragraph (f)(1)(ii) of this AD or within 30 days after the effective date of this
AD, whichever occurs later.
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
https://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
POSTAL SERVICE
39 CFR Part 20
International Mail: Proposed Changes
in Prices and Fees
Postal Service.TM
Proposed rule.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
AGENCY:
ACTION:
In July 2010, the Postal
Service filed a notice of mailing services
price adjustments with the Postal
Regulatory Commission, effective in
January 2011. This proposed rule
provides the mailing standards that
would accompany new prices in 2011.
DATES: We must receive your comments
on or before August 9, 2010.
SUMMARY:
VerDate Mar<15>2010
14:51 Jul 08, 2010
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Procedures
Mail or deliver comments to
the Manager, Mailing Standards, U.S.
Postal Service®, 475 L’Enfant Plaza,
SW., RM 3436, Washington, DC 20260–
3436. You may inspect and photocopy
all written comments between 9 a.m.
and 4 p.m., Monday through Friday, at
USPS® Headquarters Library, 11th Floor
North, 475 L’Enfant Plaza, SW.,
Washington, DC. E-mail comments,
containing the name and address of the
commenter, may be sent to:
MailingStandards@usps.gov, with a
subject line of ‘‘International January
2011 Price Change.’’ Faxed comments
are not accepted.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Obataiye B. Akinwole at 703–292–5260.
The Postal
Service is proposing to change
international postage prices and fees in
January 2011. Proposed prices are, or
will be available, under Docket
Number(s) R2010–XX on the Postal
Regulatory Commission’s Web site,
https://www.prc.gov.
This proposed rule includes price
changes and several minor classification
changes for First-Class Mail
International®, and extra services. We
also plan to realign Israel’s First-Class
Mail International price groups.
This proposed rule contains the
revisions to Mailing Standards of the
United States Postal Service,
International Mail Manual (IMM®) that
we would adopt to implement the new
prices.
SUPPLEMENTARY INFORMATION:
First-Class Mail International
Our proposal would increase prices
for First-Class Mail International
approximately 6.7 percent.
Postcards
The proposed price structure for
postcards includes two separate price
categories; Canada and Mexico, and all
other countries. Canada and Mexico,
previously priced individually, now
share the same price group. The price
for postcards increases by
approximately 2.8 percent.
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39475
Not Applicable.
International Extra Services
Our proposal increases prices for
extra services by approximately 11.8
percent. The prices for the following
First-Class Mail International extra
services are proposed to change for:
• Certificate of Mailing
• Customs Clearance and Delivery Fee
• International Reply Coupons
• International Business Reply Service
• Registered MailTM
• Return Receipt
• Restricted Delivery
Israel
To align operational efficiencies more
closely with costs, we propose moving
Israel from Price Group 8 to Price Group
5 for First-Class Mail International
service only.
The prices and fees proposed in this
notice, if adopted, would become
effective in January 2011.
Although exempt from the notice and
comment requirements of the
Administrative Procedure Act [5 U.S.C.
553(b), (c)] regarding proposed
rulemaking by 39 U.S.C. 410(a), the
Postal Service invites public comment
on the following proposed revisions to
the Mailing Standards of the United
States Postal Service, International Mail
Manual (IMM), incorporated by
reference in the Code of Federal
Regulations. See 39 CFR Part 20.1.
List of Subjects in 39 CFR Part 20
Foreign relations, International postal
services.
Accordingly, 39 CFR part 20 is
proposed to be amended as follows:
PART 20—[AMENDED]
1. The authority citation for 39 CFR
Part 20 continues to read as follows:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 407, 414, 416, 3001–3011,
3201–3219, 3403–3406, 3621, 3622, 3626,
3632, 3633, and 5001.
2. Revise the following sections of the
Mailing Standards of the United States
Postal Service, International Mail
Manual (IMM) as follows:
*
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*
*
*
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]]>Agencies
[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Proposed Rules]
[Pages 39472-39475]
From the Federal Register Online via the Government Printing 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 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.
[[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 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 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 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.
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
https://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
