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[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Rules and Regulations]
[Pages 13078-13080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5296]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0199; Directorate Identifier 2011-CE-005-AD; 
Amendment 39-16631; AD 2011-06-06]
RIN 2120-AA64

Airworthiness Directives; Eclipse Aerospace, Inc. Model EA500 
Airplanes Equipped With a Pratt and Whitney Canada, Corp. (PWC) PW610F-
A Engine

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. That AD currently requires you to 
incorporate operating limitations of maximum operating altitude of 
37,000 feet into Section 2, Limitations, of the airplane flight manual 
(AFM). This AD requires you to incorporate operating limitations of 
maximum operating altitude of 30,000 feet into Section 2, Limitations, 
of the AFM. This AD was prompted by several incidents of engine surge. 
We are issuing this AD to prevent hard carbon buildup on the static 
vane, which could result in engine surges. Engine surges may result in 
a necessary reduction in thrust and decreased power for the affected 
engine. In some cases, this could result in flight and landing under 
single-engine conditions. It is also possible this could affect both 
engines at the same time, requiring dual-engine shutdown.

DATES: This AD is effective March 21, 2011.
    We must receive any comments on this AD by April 25, 2011.

ADDRESSES: You may send comments 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: 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.

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 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: 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

    On November 17, 2008, we issued AD 2008-24-07, amendment 39-15747 
(73 FR 70866, November 24, 2008), for certain Eclipse Aviation 
Corporation (Eclipse) Model EA500 airplanes equipped with a Pratt and 
Whitney Canada, Corp. (PWC) PW610F-A engine. That AD requires you to 
incorporate operating limitations into Section 2, Limitations, of the 
airplane flight manual (AFM). That AD resulted from several incidents 
of engine surge. We issued that AD to prevent hard carbon buildup on 
the static vane, which could result in engine surges. Engine surges may 
result in a necessary reduction in thrust and decreased power for the 
affected engine. In some cases, this could result in flight and landing 
under single-engine conditions.

Actions Since AD was Issued

    Since we issued AD 2008-24-07, the unsafe condition of engine 
surges due to hard carbon build up blocking the static vanes has 
continued to occur at 37,000 feet altitude and lower.
    Six known events have occurred, five of which were at or below 
37,000 feet altitude and four of which were in a two-week period.
    Operating effects may include a reduction of available thrust or an 
in-flight shutdown of the affected engine. This could occur in flight 
and require landing under single-engine conditions. It is also possible 
that this could affect both engines at the same time, requiring dual-
engine shutdown.

FAA's Determination

    We are issuing 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.

AD Requirements

    This AD requires you to incorporate operating limitations of 
maximum operating altitude of 30,000 feet into Section 2, Limitations, 
of the AFM.

Interim Action

    We consider this AD interim action. The PWC PW610F-A engine is 
certificated in Canada and is certificated as a foreign type-validated 
engine under FAA TCDS E00074EN. The FAA understands that Transport 
Canada (the airworthiness authority for Canada) and PWC are considering 
potential actions to address the engine aspects of this condition. In 
the meantime, the FAA is issuing this AD on the Eclipse Model EA500 to 
address the immediate unsafe condition and to mandate the altitude 
limitation.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because a 
reduction of available thrust or an in-flight shutdown of the affected 
engine might occur. This could occur in flight and require landing 
under single-engine conditions. It is also possible that this could 
affect both engines at the same time, requiring dual-engine shutdown. 
Therefore, we find that notice and opportunity for prior public comment 
are impracticable and that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
the docket number

[[Page 13079]]

FAA-2011-0199 and directorate identifier 2011-CE-005-AD at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 259 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                     Labor cost            Parts cost           product         operators
----------------------------------------------------------------------------------------------------------------
Incorporate operating limitations   1 work-hour x $85     Not Applicable......             $85          $22,015
 of maximum operating altitude of    per hour = $85.
 30,000 feet into Section 2,
 Limitations, of the AFM.
----------------------------------------------------------------------------------------------------------------

     The cost presented above is a cost estimate only. Since a person 
holding at least a private pilot certificate as authorized by section 
43.7 of the Federal Aviation Regulations (14 CFR 43.7) may insert the 
AFM change, the cost burden of this AD on the individual owner/operator 
is minimal or nothing.

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

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends part 39 of the Federal Aviation 
Regulations (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 removing airworthiness directive (AD) 
2008-24-07, Amendment 39-15747 (73 FR 70866, November 24, 2008) and 
adding the following new AD:

2011-06-06 Eclipse Aerospace, Inc. Model EA500 Airplanes Equipped 
With a Pratt and Whitney Canada, Corp. (PWC) PW610F-A Engine: 
Amendment 39-16631; Docket No. FAA-2011-0199; Directorate Identifier 
2011-CE-005-AD.

Effective Date

    (a) This AD is effective March 21, 2011.

Affected ADs

    (b) This AD supersedes AD 2008-24-07, Amendment 39-15747.

Applicability

    (c) This AD applies to Model EA500 airplanes, all serial 
numbers, that are:
    (1) equipped with a Pratt and Whitney Canada, Corp. PW610F-A 
engine; and
    (2) certificated in any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 72, Engine.

Unsafe Condition

    (e) This AD was prompted by several incidents of engine surge. 
We are issuing this AD to prevent hard carbon buildup on the static 
vane, which could result in engine surges. Engine surges may result 
in a necessary reduction in thrust and decreased power for the 
affected engine. In some cases, this could result in flight and 
landing under single-engine conditions. It is also possible this 
could affect both engines at the same time, requiring dual-engine 
shutdown.

Compliance

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

Actions

    (g) Before further flight, incorporate the following language 
into Section 2, Limitations, of your airplane flight manual (AFM): 
``Per AD 2011-06-06, LIMIT THE MAXIMUM OPERATING ALTITUDE TO 30,000 
FEET (9144M) PRESSURE ALTITUDE.''
    (1) A person holding at least a private pilot certificate as 
authorized by section 43.7 of the Federal Aviation Regulations (14 
CFR 43.7) may insert the operating limitations into Section 2, 
Limitations, of the AFM. Make an entry into the aircraft logbook 
showing compliance with this portion of the AD in accordance with 
section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
    (2) You may incorporate paragraph (g) of this AD into Section 2, 
Limitations, of your AFM to comply with this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Fort Worth Airplane Certification Office, 
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

[[Page 13080]]

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.

Related Information

    (i) For more information about this AD, 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.

    Issued in Kansas City, Missouri, on March 3, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-5296 Filed 3-9-11; 8:45 am]
BILLING CODE 4910-13-P
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