Airworthiness Directives; Eclipse Aerospace, Inc. Model EA500 Airplanes, 61345-61348 [2010-24611]
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Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0691; Directorate
Identifier 2010–CE–027–AD; Amendment
39–16459; AD 2010–20–24]
RIN 2120–AA64
Eric
Kinney, Aerospace Engineer, Ft. Worth
Aircraft Certification Office, FAA, 2601
Meacham Blvd., Fort Worth, Texas
76137; telephone: (817) 222–5459; fax:
(817) 222–5960; e-mail:
eric.kinney@faa.gov.
FOR FURTHER INFORMATION CONTACT:
Airworthiness Directives; Eclipse
Aerospace, Inc. Model EA500
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD requires
incorporating changes to the electronic
flight information system and the
airplane flight manuals. This AD was
prompted by 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.
DATES: This AD is effective November 9,
2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of November 9, 2010.
ADDRESSES: For service information
identified in this AD, contact Eclipse
Aerospace Incorporated, 2503 Clark Carr
Loop, SE., Albuquerque, New Mexico
87106; telephone: (505) 724–1200;
https://www.eclipseaerospace.net. You
may review copies of the referenced
service information at the FAA, Small
Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call 816–329–4148.
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
Examining the AD Docket
You may examine the AD docket 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 AD
docket contains this AD, the regulatory
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evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to the
specified products. That NPRM
published in the Federal Register on
July 9, 2010 (75 FR 39472). That NPRM
proposed to require incorporating
changes to the electronic flight
information system and the airplane
flight manual.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the proposal and the FAA’s
response to each comment.
Request To Withdraw the NPRM and
Issue a Special Airworthiness
Information Bulletin (SAIB)
Chris Jackman, Eclipse Aerospace
Incorporated, proposed the withdrawal
of the NPRM and requested the FAA to
issue an SAIB instead.
The commenter reasoned that the
majority of the affected airplanes have
already incorporated the corrective
action, and the owners/operators only
need to send confirmation of their
taking corrective action. The commenter
also states that an SAIB would be the
most effective means for operators to
become aware of the unsafe condition
and means to communicate compliance
with the service information.
The FAA disagrees with the comment.
The Airworthiness Directives Manual,
FAA–IR–M–8040.1C, dated May 17,
2010, prohibits the FAA from accepting
assurance from a design approval holder
that all products are in compliance as a
reason not to issue an AD action.
Consequently, we are making no change
to the final rule AD action.
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61345
Request To Correct the Applicability
Section
Chris Jackman requested a correction
to the Applicability section, paragraph
(c)(2) of the proposed AD action. He
explained that the applicability in the
NPRM is incorrect and should read as
follows:
SNs 000039 through 000104, 000113
through 000115, 000120, and 000123 through
000124, that incorporate Avionics Upgrade to
AVIO NG Configuration for ETT Configured
Aircraft per any revision level of Eclipse SB
500–99–002.
The FAA agrees with the commenter’s
correction. This error was corrected in
the NPRM; correction, published in the
Federal Register on August 2, 2010 (75
FR 45075). The final rule AD action
incorporates that correction.
Request To Add a Reference to Eclipse
Aviation Recommended Service
Bulletin SB 500–99–005, REV B, dated
January 22, 2010
Chris Jackman commented that
Eclipse Aviation Recommended Service
Bulletin SB 500–99–005, REV B, dated
January 22, 2010, also includes
procedures for compliance with this AD
and requested adding a reference to that
service bulletin in addition to Eclipse
Aviation Recommended Service
Bulletin SB 500–99–005, REV A, dated
February 16, 2009.
The FAA agrees with the commenter.
We are adding a reference to Eclipse
Aviation Recommended Service
Bulletin SB 500–99–005, REV B, dated
January 22, 2010, to the final rule AD
action.
Request To Change the Contact
Information for Eclipse Aerospace
Incorporated
Chris Jackman stated the contact for
service information has changed. The
current name is Eclipse Aerospace
Incorporated instead of Eclipse Aviation
Corporation.
The FAA agrees with the commenter.
We changed the contact information in
the final rule AD action.
Request To Withdraw the Proposed AD
Gerard Wasselle stated that he and at
least six other owners/pilots who have
vast experience in the Eclipse Model
EA500 airplane, all agree that the unsafe
condition presented in the proposed AD
occurs only in the AVIO NG version 1.1.
We infer that the commenter would like
to have the proposed AD withdrawn.
We disagree with the commenter. The
root cause investigation by Eclipse
Aerospace Incorporated discovered that
this problem can and has occurred in
Innovative Solution & Support
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Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Rules and Regulations
equipment with software versions 1.0
through 1.2. This AD is not applicable
to Avidyne AVIO-equipped Model
EA500 airplanes. We are not changing
the final rule AD action as a result of
this comment.
Request To Withdraw the Proposed AD
Because of Cost
Gerard Wasselle stated the corrective
action is cost prohibitive for owners of
an older version of AVIO to upgrade to
AVIO NG since it is more than the value
of the airplane. We infer that the
commenter would like to see the
proposed AD withdrawn.
The FAA disagrees with the
commenter. This AD action does not
apply to Avidyne AVIO-equipped
Model EA500 airplanes. We are not
changing the final rule AD action as a
result of this comment.
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of the AD.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously
and minor editorial changes. We have
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Costs of Compliance
We estimate that this AD affects 168
airplanes of U.S. registry.
Owners/operators will comply with
this 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 electronic flight instrument system
1.3 software update:
Total cost per
airplane
Labor cost
Parts cost
2 work-hours × $85 per hour = $170 ...............................................................
$600 to $1,500 ..................................................
$770 to $1,670.
We estimate the following costs to do
the avionics upgrade to AVIO NG + 1.5
configuration:
Labor cost
Parts cost
198 work-hours × $85 per hour = $16,830 .....................................................................................................................
Authority for This Rulemaking
emcdonald on DSK2BSOYB1PROD with RULES
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
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
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$233,120
Total cost
per airplane
$249,950
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),
(3) Will not affect intrastate aviation
in Alaska, and
(4) 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.
§ 39.13
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(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 Avionics Upgrade to
AVIO NG Configuration for ETT Configured
Aircraft per any revision level of Eclipse SB
500–99–002; 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.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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.
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[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2010–20–24 Eclipse Aerospace, Inc.:
Amendment 39–16459; Docket No.
FAA–2010–0691; Directorate Identifier
2010–CE–027–AD.
Effective Date
(a) This AD is effective November 9, 2010.
Affected ADs
(b) None.
Applicability
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Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Rules and Regulations
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:
TABLE 1—ACTIONS, COMPLIANCE, AND PROCEDURES
Actions (software updates and AFM revisions)
Compliance
Procedures
(1) Incorporate one of the following set of software upgrades
and AFM revisions:
(i) Electronic flight instrument system (EFIS) 1.3 software update and 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; or
(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 one of the following airplane flight manual revisions:
(A) Aircraft Flight Manual, P/N 06–122204, Revision
2, dated November 7, 2008, or
(B) AVIO NG + 1.5 configuration and Aircraft Flight
Manual, P/N 06–122204, Revision 3, dated February 10, 2010.
(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.
Incorporate within the next 6 months
after November 9, 2010 (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; or Eclipse Aviation Recommended Service Bulletin SB 500–
99–005, REV B, dated January 22,
2010.
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 November 9, 2010 (the effective
date of this AD), whichever occurs
later.
Not Applicable.
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) For more information about this AD,
contact Eric Kinney, Aerospace Engineer,
Fort Worth ACO, FAA, 2601 Meacham Blvd.,
Fort Worth, Texas 76137; phone: (817) 222–
5459; fax: (817) 222–5960; e-mail:
eric.kinney@faa.gov.
Material Incorporated by Reference
(i) You must use the service information
contained in Table 2 of this AD 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
the service information contained in Table 2
of this AD under 5 U.S.C. 552(a) and 1 CFR
part 51.
TABLE 2—MATERIAL INCORPORATED BY REFERENCE
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Document
Revision
(i) Eclipse Aviation Required Service Bulletin SB 500-31–015 ...................................................
(ii) Eclipse Aviation Recommended Service Bulletin SB 500–99–005 ........................................
(iii) Eclipse Aviation Recommended Service Bulletin SB 500–99–005 .......................................
REV D .........................
REV B .........................
REV A .........................
(2) For service information identified in
this AD, contact Eclipse Aerospace
Incorporated, 2503 Clark Carr Loop, SE.,
Albuquerque, New Mexico 87106; telephone:
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18:25 Oct 04, 2010
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(505) 724–1200; https://
www.eclipseaerospace.net.
(3) You may review copies of the
referenced service information at the FAA,
Small Airplane Directorate, 901 Locust,
PO 00000
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Date
January 14, 2009.
January 22, 2010.
February 16, 2009.
Kansas City, Missouri 64106. For information
on the availability of this material at the
FAA, call 816–329–4148.
(4) You may also review copies of the
service information that is incorporated by
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Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Rules and Regulations
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at an NARA facility, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Kansas City, Missouri, on
September 24, 2010.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–24611 Filed 10–4–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0276; Directorate
Identifier 2009–NM–144–AD; Amendment
39–16452; AD 2010–20–17]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Model CL–600–2B19 (Regional Jet
Series 100 & 440) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
Discussion
We are superseding an
existing airworthiness directive (AD) for
the products listed above. This AD
results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
Three cases of in-flight loss of cabin
pressurization have been reported, resulting
from failure of a bulkhead check valve in
combination with failure of an air supply
duct.
In addition to mandating inspection,
rework and/or replacement of the air supply
ducts, Airworthiness Directive (AD) CF–
2003–05 (subsequently revised to CF–2003–
05R1) [which corresponds to FAA AD 2004–
22–08] mandated the incorporation of a 4000
flight-hour repetitive inspection task for
bulkhead check valves, Part Numbers (P/N)
92E20–3 and 92E20–4, into the approved
maintenance schedule. However, this
repetitive inspection task has since been
superseded by a 3000 flight-hour periodic
discard task for these bulkhead check valves.
This directive mandates revision of the
approved maintenance schedule to
incorporate the discard task for bulkhead
check valves, P/N 92E20–3 and 92E20–4, and
supersedes the instructions in Corrective
Actions, Part A, of AD CF–2003–05R1, dated
7 February 2006.
VerDate Mar<15>2010
18:00 Oct 04, 2010
Jkt 223001
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
November 9, 2010.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 9, 2010.
On December 2, 2004 (69 FR 62807,
October 28, 2004), the Director of the
Federal Register approved the
incorporation by reference of certain
other publications listed in this AD.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Christopher Alfano, Airframe and
Mechanical Systems Branch, ANE–171,
FAA, New York Aircraft Certification
Office (ACO), 1600 Stewart Avenue,
Suite 410, Westbury, New York 11590;
telephone (516) 228–7340; fax (516)
794–5531.
SUPPLEMENTARY INFORMATION:
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on April 5, 2010 (75 FR 17086).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
Three cases of in-flight loss of cabin
pressurization have been reported, resulting
from failure of a bulkhead check valve in
combination with failure of an air supply
duct.
In addition to mandating inspection,
rework and/or replacement of the air supply
ducts, Airworthiness Directive (AD) CF–
2003–05 (subsequently revised to CF–2003–
05R1) [which corresponds to FAA AD 2004–
22–08] mandated the incorporation of a 4000
flight-hour repetitive inspection task for
bulkhead check valves, Part Numbers (P/N)
92E20–3 and 92E20–4, into the approved
maintenance schedule. However, this
repetitive inspection task has since been
superseded by a 3000 flight-hour periodic
discard task for these bulkhead check valves.
This directive mandates revision of the
approved maintenance schedule to
incorporate the discard task for bulkhead
check valves, P/N 92E20–3 and 92E20–4, and
supersedes the instructions in Corrective
Actions, Part A, of AD CF–2003–05R1, dated
7 February 2006.
You may obtain further information by
examining the MCAI in the AD docket.
PO 00000
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Fmt 4700
Sfmt 4700
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request to Provide Credit for Actions
Accomplished Per Previous Issue of
Service Bulletin
Air Wisconsin requests that credit be
provided for actions accomplished in
accordance with a previous issue of a
service bulletin. Air Wisconsin states
that paragraph (g)(3) of the NPRM
specifies that actions accomplished in
accordance with Bombardier Alert
Service Bulletin A601R–21–053, dated
November 8, 2001, are considered
acceptable for compliance; however,
paragraph (i) of the NPRM states that
Bombardier Alert Service Bulletin
A601R–21–053, Revision ‘A,’ dated
January 28, 2003, needs to be
accomplished. Air Wisconsin states that
the NPRM should provide credit for
actions accomplished in accordance
with Bombardier Alert Service Bulletin
A601R–21–053, dated November 8,
2001; and Revision ‘A,’ dated January
28, 2003. Air Wisconsin states that
Revision ‘A’ did not affect airplanes on
which actions were accomplished in
accordance with the original issue of
that service bulletin. Air Wisconsin
states that its affected airplanes were
modified in accordance with
Bombardier Alert Service Bulletin
A601R–21–053, dated November 8,
2001.
We agree that credit should be given
for actions done in accordance with
Bombardier Alert Service Bulletin
A601R–21–053, dated November 8,
2001, and note that this AD does
provide credit. In the ‘‘Restatement of
Requirements of AD 2004–22–08,
Amendment 39–13836’’ section of this
AD, we refer to the latest revision of the
service bulletin, Bombardier Alert
Service Bulletin A601R–21–053,
Revision ‘A,’ dated January 28, 2003, for
accomplishing the actions specified in
paragraphs (h) and (i) of this AD. In
paragraph (g)(3) of this AD, we provide
credit for actions done before December
2, 2004 (the effective date of AD 2004–
22–08) in accordance with Bombardier
Alert Service Bulletin A601R–21–053,
dated November 8, 2001, with the
corresponding actions in paragraphs
specified in paragraphs (h) and (i) of
this AD. We have not changed the AD
in regard to this issue.
Request To Clarify the Requirements of
Paragraph (j) of the NPRM
Comair, Inc. (Comair) notes that
paragraph (j) of the NPRM proposes to
revise the Airworthiness Limitations
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]]>Agencies
[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Rules and Regulations]
[Pages 61345-61348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24611]
[[Page 61345]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0691; Directorate Identifier 2010-CE-027-AD;
Amendment 39-16459; AD 2010-20-24]
RIN 2120-AA64
Airworthiness Directives; Eclipse Aerospace, Inc. Model EA500
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires incorporating changes to the
electronic flight information system and the airplane flight manuals.
This AD was prompted by 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.
DATES: This AD is effective November 9, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 9,
2010.
ADDRESSES: For service information identified in this AD, contact
Eclipse Aerospace Incorporated, 2503 Clark Carr Loop, SE., Albuquerque,
New Mexico 87106; telephone: (505) 724-1200; https://www.eclipseaerospace.net. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call 816-329-4148.
Examining the AD Docket
You may examine the AD docket 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 AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Eric Kinney, Aerospace Engineer, Ft.
Worth Aircraft Certification Office, FAA, 2601 Meacham Blvd., Fort
Worth, Texas 76137; telephone: (817) 222-5459; fax: (817) 222-5960; e-
mail: eric.kinney@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on
July 9, 2010 (75 FR 39472). That NPRM proposed to require incorporating
changes to the electronic flight information system and the airplane
flight manual.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.
Request To Withdraw the NPRM and Issue a Special Airworthiness
Information Bulletin (SAIB)
Chris Jackman, Eclipse Aerospace Incorporated, proposed the
withdrawal of the NPRM and requested the FAA to issue an SAIB instead.
The commenter reasoned that the majority of the affected airplanes
have already incorporated the corrective action, and the owners/
operators only need to send confirmation of their taking corrective
action. The commenter also states that an SAIB would be the most
effective means for operators to become aware of the unsafe condition
and means to communicate compliance with the service information.
The FAA disagrees with the comment. The Airworthiness Directives
Manual, FAA-IR-M-8040.1C, dated May 17, 2010, prohibits the FAA from
accepting assurance from a design approval holder that all products are
in compliance as a reason not to issue an AD action. Consequently, we
are making no change to the final rule AD action.
Request To Correct the Applicability Section
Chris Jackman requested a correction to the Applicability section,
paragraph (c)(2) of the proposed AD action. He explained that the
applicability in the NPRM is incorrect and should read as follows:
SNs 000039 through 000104, 000113 through 000115, 000120, and
000123 through 000124, that incorporate Avionics Upgrade to AVIO NG
Configuration for ETT Configured Aircraft per any revision level of
Eclipse SB 500-99-002.
The FAA agrees with the commenter's correction. This error was
corrected in the NPRM; correction, published in the Federal Register on
August 2, 2010 (75 FR 45075). The final rule AD action incorporates
that correction.
Request To Add a Reference to Eclipse Aviation Recommended Service
Bulletin SB 500-99-005, REV B, dated January 22, 2010
Chris Jackman commented that Eclipse Aviation Recommended Service
Bulletin SB 500-99-005, REV B, dated January 22, 2010, also includes
procedures for compliance with this AD and requested adding a reference
to that service bulletin in addition to Eclipse Aviation Recommended
Service Bulletin SB 500-99-005, REV A, dated February 16, 2009.
The FAA agrees with the commenter. We are adding a reference to
Eclipse Aviation Recommended Service Bulletin SB 500-99-005, REV B,
dated January 22, 2010, to the final rule AD action.
Request To Change the Contact Information for Eclipse Aerospace
Incorporated
Chris Jackman stated the contact for service information has
changed. The current name is Eclipse Aerospace Incorporated instead of
Eclipse Aviation Corporation.
The FAA agrees with the commenter. We changed the contact
information in the final rule AD action.
Request To Withdraw the Proposed AD
Gerard Wasselle stated that he and at least six other owners/pilots
who have vast experience in the Eclipse Model EA500 airplane, all agree
that the unsafe condition presented in the proposed AD occurs only in
the AVIO NG version 1.1. We infer that the commenter would like to have
the proposed AD withdrawn.
We disagree with the commenter. The root cause investigation by
Eclipse Aerospace Incorporated discovered that this problem can and has
occurred in Innovative Solution & Support
[[Page 61346]]
equipment with software versions 1.0 through 1.2. This AD is not
applicable to Avidyne AVIO-equipped Model EA500 airplanes. We are not
changing the final rule AD action as a result of this comment.
Request To Withdraw the Proposed AD Because of Cost
Gerard Wasselle stated the corrective action is cost prohibitive
for owners of an older version of AVIO to upgrade to AVIO NG since it
is more than the value of the airplane. We infer that the commenter
would like to see the proposed AD withdrawn.
The FAA disagrees with the commenter. This AD action does not apply
to Avidyne AVIO-equipped Model EA500 airplanes. We are not changing the
final rule AD action as a result of this comment.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 168 airplanes of U.S. registry.
Owners/operators will comply with this 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 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 avionics upgrade to AVIO
NG + 1.5 configuration:
------------------------------------------------------------------------
Total cost
Labor cost Parts cost per
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
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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 the following new airworthiness
directive (AD):
2010-20-24 Eclipse Aerospace, Inc.: Amendment 39-16459; Docket No.
FAA-2010-0691; Directorate Identifier 2010-CE-027-AD.
Effective Date
(a) This AD is effective November 9, 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 Avionics Upgrade to AVIO
NG Configuration for ETT Configured Aircraft per any revision level
of Eclipse SB 500-99-002; 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.
[[Page 61347]]
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:
Table 1--Actions, Compliance, and Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Actions (software updates and AFM revisions) Compliance Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Incorporate one of the following set of software upgrades Incorporate within the next 6 months after Follow, as appropriate, Eclipse Aviation
and AFM revisions: November 9, 2010 (the effective date of Required Service Bulletin SB 500[dash]31-
(i) Electronic flight instrument system (EFIS) 1.3 software this AD). 015, REV D, dated January 14, 2009; or
update and one of the following airplane flight manual Eclipse Aviation Recommended Service
revisions: Bulletin SB 500-99-005, REV A, dated
(A) Temporary Revision (TR) 010, Airplane Flight Manual part February 16, 2009; or Eclipse Aviation
number (P/N) 06-122204 Before 3-45, Revision 01 and TR 009, Recommended Service Bulletin SB 500-99-
Quick Reference Handbook P/N 06-122205, Revision 01; or 005, REV B, dated January 22, 2010.
(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 one
of the following airplane flight manual revisions:
(A) Aircraft Flight Manual, P/N 06-122204, Revision 2, dated
November 7, 2008, or
(B) AVIO NG + 1.5 configuration and Aircraft Flight Manual, P/
N 06-122204, Revision 3, dated February 10, 2010.
(2) Send the completed service bulletin compliance record Within 30 days after you incorporate the Not Applicable.
required by paragraph (f)(1)(i) of this AD or paragraph revisions required by paragraph (f)(1)(i)
(f)(1)(ii) of this AD to the address identified in paragraph of this AD or paragraph (f)(1)(ii) of this
(g) of this AD. The Office of Management and Budget (OMB) AD or within 30 days after November 9, 2010
approved the information collection requirements contained (the effective date of this AD), whichever
in this regulation under the provisions of the Paperwork occurs later.
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) For more information about this AD, contact Eric Kinney,
Aerospace Engineer, Fort Worth ACO, FAA, 2601 Meacham Blvd., Fort
Worth, Texas 76137; phone: (817) 222-5459; fax: (817) 222-5960; e-
mail: eric.kinney@faa.gov.
Material Incorporated by Reference
(i) You must use the service information contained in Table 2 of
this AD 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 the service information contained in
Table 2 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.
Table 2--Material Incorporated By Reference
----------------------------------------------------------------------------------------------------------------
Document Revision Date
----------------------------------------------------------------------------------------------------------------
(i) Eclipse Aviation Required REV D............................... January 14, 2009.
Service Bulletin SB 500[dash]31-015.
(ii) Eclipse Aviation Recommended REV B............................... January 22, 2010.
Service Bulletin SB 500-99-005.
(iii) Eclipse Aviation Recommended REV A............................... February 16, 2009.
Service Bulletin SB 500-99-005.
----------------------------------------------------------------------------------------------------------------
(2) For service information identified in this AD, contact
Eclipse Aerospace Incorporated, 2503 Clark Carr Loop, SE.,
Albuquerque, New Mexico 87106; telephone: (505) 724-1200; https://www.eclipseaerospace.net.
(3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call 816-329-4148.
(4) You may also review copies of the service information that
is incorporated by
[[Page 61348]]
reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at an
NARA facility, call 202-741-6030, or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on September 24, 2010.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-24611 Filed 10-4-10; 8:45 am]
BILLING CODE 4910-13-P
