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[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Proposed Rules]
[Pages 30243-30245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12142]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / 
Proposed Rules

[[Page 30243]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0448; Directorate Identifier 2013-CE-007-AD]
RIN 2120-AA64

Airworthiness Directives; Eclipse Aerospace, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Eclipse Aerospace, Inc. Model EA500 airplanes equipped with Avio, Avio 
with ETT, or Avio NG 1.0 avionics suites. This proposed AD was prompted 
by a report of potential aircraft hardware failure in the autopilot 
control panel and the center switch panel. This proposed AD would 
require either incorporating updates to the aircraft computer system or 
incorporating a temporary revision to the aircraft flight manual. We 
are proposing this AD to correct the unsafe condition on these 
products.

DATES: We must receive comments on this proposed AD by July 8, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above 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, Inc. 26 East Palatine Road, Wheeling, Illinois 
60090; telephone: (877) 373-7978; Internet: www.eclipse.aero. 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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Scott Fohrman, Aerospace Engineer, 
FAA, Chicago Aircraft Certification Office, 2300 East Devon Avenue, 
Room 107, Des Plaines, Illinois 60018; phone: (847) 294-7136; fax: 
(847) 294-7834; email: scott.fohrman@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2013-0448; 
Directorate Identifier 2013-CE-007-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received a report from Eclipse Aviation, Inc. that there is 
a potential problem with the hardware/software combination within the 
autopilot control panel and/or center switch panel on all Model EA500 
airplanes equipped with Avio, Avio with ETT, or Avio NG 1.0 avionics 
suites that could result in uncommanded fire suppression system 
activation and simultaneous shutdown of both engines.
    This condition, if not corrected, could cause dual engine failure 
and result in loss of control.

Relevant Service Information

    We reviewed Eclipse Aerospace, Inc. Mandatory Service Bulletin 
Number SB 500-31-014, Rev. A, dated February 15, 2011, and Eclipse 
Aerospace, Inc. Mandatory Service Bulletin Number SB 500-31-019, Rev B, 
dated March 13, 2013. These service bulletins describe procedures for 
updating the aircraft computer system for all affected airplanes. We 
have also reviewed Eclipse Aerospace, Inc. Mandatory Service Bulletin 
Number SB 500-31-026, Rev. A, dated November 6, 2012. This service 
bulletin described procedures for updating the aircraft flight manual 
(AFM) for affected airplanes equipped with NG 1.0 avionics suites.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between the Proposed AD and the Service 
Information.''

Differences Between the Proposed AD and the Service Information

    Eclipse Aerospace, Inc. Mandatory Service Bulletin Number SB 500-
31-026, Rev. A, dated November 6, 2012, which applies only to airplanes 
equipped with NG 1.0 avionics suites, requires incorporating a 
temporary revision into the AFM and incorporating an update to the 
aircraft computer system (ACS) hardware with monthly data uploads to 
Eclipse Aerospace, Inc. until the ACS software is updated.

[[Page 30244]]

Specifically, the AFM revision requires an altered engine start and 
emergency procedures checklist.
    This proposed AD would allow doing either the AFM revision or the 
ACS software update.

Costs of Compliance

    We estimate that this proposed AD affects 81 airplanes of U.S. 
registry. There are 38 of the affected airplanes equipped with Avio or 
Avio ETT avionics suites and 43 of the affected airplanes equipped with 
NG 1.0 avionics suites.
    We estimate the following costs to comply with this proposed AD. 
Airplanes equipped with NG 1.0 avionics suites would be allowed do 
either the AFM update or the ACS update:

                  Estimated Costs for Airplanes Equipped With Avio or Avio ETT Avionics Suites
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Aircraft computer system update     .5 work-hour x $85             $1,950       $1,992.50  $1,992.50 x 38
 for airplanes equipped with Avio    per hour = $42.50.                                     affected airplanes =
 or Avio ETT avionics suites.                                                               $75,715.00.
----------------------------------------------------------------------------------------------------------------

                       Estimated Costs for Airplanes Equipped With NG 1.0 Avionics Suites
                           [It would require either the AFM update OR the ACS update]
----------------------------------------------------------------------------------------------------------------
                                                                                 Cost per        Cost on U.S.
             Action                  Labor cost             Parts cost            product          operators
----------------------------------------------------------------------------------------------------------------
Flight manual update for         .5 work-hour x $85  Not applicable.........          $42.50  $42.50 x 43
 airplanes equipped with NG 1.0   per hour = $42.50.                                           affected
 avionics suites.                                                                              airplanes =
                                                                                               $1,827.50.
----------------------------------------------------------------------------------------------------------------
                                                       OR
----------------------------------------------------------------------------------------------------------------
Aircraft computer system update  .5 work-hour x $85  $37,000................      $37,042.50  $37,042.50 x 43
 for airplanes equipped with NG   per hour = $42.50.                                           affected
 1.0 avionics suites.                                                                          airplanes =
                                                                                               $1,592,827.50.
----------------------------------------------------------------------------------------------------------------

    Incorporating the flight manual update represents a terminating 
action for AD compliance without imposing any limitations on aircraft 
operations. It is the operator's choice to incorporate either the 
flight manual update or the software update.

Authority for this Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

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

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):

Eclipse Aerospace, Inc.: Docket No. FAA-2013-0448; Directorate 
Identifier 2013-CE-007-AD.

(a) Comments Due Date

    We must receive comments by July 8, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Eclipse Aerospace, Inc. Model 
EA500 airplanes, all serial numbers, that are certificated in any 
category, and are equipped with:
    (1) Avio avionics suites; or
    (2) Avio with ETT avionics suites; or
    (3) Avio NG 1.0 avionics suites.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code, Code 23: Communications.

[[Page 30245]]

(e) Unsafe Condition

    This AD was prompted by a report of potential aircraft hardware 
failure in the autopilot control panel and the center switch panel. 
We are issuing this AD to prevent failure of the hardware/software 
combination within the autopilot control panel and/or center switch 
panel, which could result in uncommanded fire suppression system 
activation and simultaneous shutdown of both engines.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Update Aircraft Computer Software (ACS)

    (1) For airplanes equipped with Avio or Avio with ETT avionics 
suites: Within 6 calendar months after the effective date of this 
AD, update the ACS following paragraphs 3.A. through 3.C. of the 
Accomplishment Instructions in Eclipse Aerospace, Inc. Mandatory 
Service Bulletin Number SB 500-31-014, Rev. A, dated February 15, 
2011.
    (2) For airplanes equipped with NG 1.0 avionics suites: Within 6 
calendar months after the effective date of this AD, do one of the 
following:
    (i) Insert airplane flight manual Temporary Revision (TR) 016 
into the Limitations section of the airplane flight manual following 
paragraph 3.B.(1)(a) of the Accomplishment Instructions in Eclipse 
Aerospace, Inc. Mandatory Service Bulletin Number SB 500-31-026, 
Rev. A, dated November 6, 2012; or
    (ii) Update the ACS following paragraphs 3.A. through 3.C. of 
the Accomplishment Instructions in Eclipse Aerospace, Inc. Mandatory 
Service Bulletin Number SB 500-31-019, Rev. B, dated March 13, 2013.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago ACO, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
ACO, send it to the attention of the person identified in the 
Related Information section of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) For more information about this AD, contact Scott Fohrman, 
Aerospace Engineer, FAA, Chicago Aircraft Certification Office, 2300 
East Devon Avenue, Room 107, Des Plaines, Illinois 60018; phone: 
(847) 294-7136; fax: (847) 294-7834; email: scott.fohrman@faa.gov.
    (2) For service information identified in this AD, contact 
Eclipse Aerospace, Inc., 26 East Palatine Road, Wheeling, Illinois 
60090; telephone: (877) 373-7978; Internet: www.eclipse.aero. 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.

    Issued in Kansas City, Missouri, on May 15, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-12142 Filed 5-21-13; 8:45 am]
BILLING CODE 4910-13-P
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