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[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Rules and Regulations]               
[Page 61345-61348]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc10-6]                         

[[Page 61345]]

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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; http://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 http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The 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
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(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; http://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 http://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
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