```

[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Proposed Rules]               
[Page 39472-39475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy10-8]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0691; Directorate Identifier 2010-CE-027-AD]
RIN 2120-AA64

 
Airworthiness Directives; Eclipse Aerospace, Inc. Model EA500 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Eclipse Aerospace, Inc. (Eclipse) Model EA500 airplanes. This 
proposed AD would require incorporating changes to the electronic 
flight information system and the airplane flight manuals. This 
proposed AD results from reports of uncommanded changes to the 
communications radio frequency, altitude preselect, and/or transponder 
codes. We are proposing this AD to correct faulty integration of 
hardware and software, which could result in unannunciated, uncommanded 
changes in communications radio frequency, transponder codes, and 
altitude preselect settings. These uncommanded changes could result in 
loss of communication with air traffic control due to improper 
communications frequency, autopilot level off at the incorrect 
altitude, or air traffic control loss of proper tracking of the 
aircraft.

DATES: We must receive comments on this proposed AD by August 23, 2010.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     Federal eRulemaking Portal: Go to 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.

[[Page 39473]]

     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Eclipse Aerospace, Incorporated, 2503 Clark Carr Loop, SE., 
Albuquerque, New Mexico 87106; telephone: (505) 724-1200.

FOR FURTHER INFORMATION CONTACT: Eric Kinney, Aerospace Engineer, 2601 
Meacham Blvd., Fort Worth, Texas 76137; telephone: (817) 222-5459; fax: 
(817) 222-5960.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2010-0691; Directorate Identifier 2010-CE-027-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive concerning this proposed AD.

Discussion

    We have received reports of uncommanded changes in communications 
radio frequency, transponder codes, and altitude preselect settings on 
Eclipse EA500 airplanes. The majority of reports consisted of 
uncommanded transponder code changes, instances of uncommanded altitude 
preselect changes have also been noted. The uncommanded radio 
frequencies settings have only been reported during flight test. Root 
cause was determined to be a software communication integration issue 
between the EFIS display interface and associated hardware.
    This condition, if not corrected, could result in uncommanded 
changes in communications radio frequency, transponder codes, and 
altitude preselect settings. These uncommanded changes could result in 
loss of communication with air traffic control due to improper 
communications frequency, autopilot level off at the incorrect 
altitude, or air traffic control loss of proper tracking of the 
aircraft.

Relevant Service Information

    We have reviewed Eclipse Aviation Required Service Bulletin SB 500-
31-015, REV D, dated January 14, 2009; and Eclipse Aviation Recommended 
Service Bulletin SB 500-99-005, REV A, dated February 16, 2009.
    The service information describes procedures for incorporating 
changes to the electronic flight information system by the following 
means:
     the electronic flight instrument system 1.3 software 
update; and
     the avionics upgrade to AVIO NG + 1.5 configuration.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This proposed AD 
would require you to incorporate changes to the electronic flight 
information system and the airplane flight manuals.

Costs of Compliance

    We estimate that this proposed AD would affect 168 airplanes in the 
U.S. registry.
    Owners/operators would comply with this proposed AD action by doing 
either of the following update options. We have no way of knowing the 
number of airplanes that would receive each of these upgrades.
    We estimate the following costs to do the proposed electronic 
flight instrument system 1.3 software update:

------------------------------------------------------------------------
                                                        Total cost per
           Labor cost                 Parts cost           airplane
------------------------------------------------------------------------
2 work-hours x $85 per hour =     $600 to $1,500....  $770 to $1,670.
 $170.
------------------------------------------------------------------------

     We estimate the following costs to do the proposed avionics 
upgrade to AVIO NG + 1.5 configuration:

------------------------------------------------------------------------
                                                          Total cost per
               Labor cost                   Parts cost       airplane
------------------------------------------------------------------------
198 work-hours x $85 per hour = $16,830.        $233,120        $249,950
------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;

[[Page 39474]]

    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at 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 Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Eclipse Aerospace, Inc.: Docket No. FAA-2010-0691; Directorate 
Identifier 2010-CE-027-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by August 23, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EA500 airplanes with the following 
serial numbers (SNs) that are certificated in any category:
    (1) SNs 000105 through 000112, 000116 through 000119, 000121 
through 000122, and 000125 through 000260;
    (2) SNs 000039 through 000104, 000113 through 000115, 000120, 
and 000123 through 000124, that incorporate Performance Enhancement 
& Drag Reduction Modification per any revision level of Eclipse SB 
500-99-001; and
    (3) SNs 000001 through 000038, that incorporate Performance 
Enhancement & Drag Reduction Modification per any revision level of 
Eclipse SB 500-99-001 and Avionics Upgrade to AVIO NG Configuration 
for ETT Configured Aircraft per any revision level of Eclipse SB 
500-99-002.

Subject

    (d) Air Transport Association of America (ATA) Code 23: 
Communications.

Unsafe Condition

    (e) This AD results from reports of uncommanded changes to the 
communications radio frequency, altitude preselect, and/or 
transponder codes. We are issuing this AD to correct faulty 
integration of hardware and software, which could result in 
unannunciated, uncommanded changes in communications radio 
frequency, transponder codes, and altitude preselect settings. These 
uncommanded changes could result in loss of communication with air 
traffic control due to improper communications frequency, autopilot 
level off at the incorrect altitude, or air traffic control loss of 
proper tracking of the aircraft.

Compliance

    (f) To address this problem, you must do the following, unless 
already done:

----------------------------------------------------------------------------------------------------------------
               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) Incorporate either of the         Incorporate within the next 6 months  Follow, as appropriate, Eclipse
 following set of upgrades:            after the effective date of this      Aviation Required Service Bulletin
(i) Electronic flight instrument       AD.                                   SB 500-31-015, REV D, dated January
 system (EFIS) 1.3 software update                                           14, 2009; or Eclipse Aviation
 with one of the following airplane                                          Recommended Service Bulletin SB 500-
 flight manual revisions:                                                    99-005, REV A, dated February 16,
                                                                             2009.
    (A) Temporary Revision (TR) 010,
     Airplane Flight Manual part
     number (P/N) 06[dash]122204
     Before 3-45, Revision 01 and TR
     009, Quick Reference Handbook P/
     N 06[dash]122205, Revision 01;
    (B) TR 010A, Airplane Flight
     Manual P/N 06-122204 Before 3-
     51, Revision 02 and TR 009A,
     Quick Reference Handbook P/N 06-
     122205, Revision 02, or
    (C) Airplane Flight Manual P/N
     06[dash]122204 Revision 3,
     dated February 3, 2010, and
     Quick Reference Handbook P/N
     06[dash]122205, Revision 03.
    (ii) Avionics upgrade to AVIO NG
     + 1.5 Configuration and
     Aircraft Flight Manual, P/N
     06[dash]122204, Revision 2,
     dated November 7, 2008, or AVIO
     NG + 1.5 configuration and
     Aircraft Flight Manual, P/N
     06[dash]122204, Revision 3,
     dated February 10, 2010.

[[Page 39475]]

(2) Send the completed service        Within 30 days after you incorporate  Not Applicable.
 bulletin compliance record required   the revisions required by paragraph
 by paragraph (f)(1)(i) of this AD     (f)(1)(i) of this AD or paragraph
 or paragraph (f)(1)(ii) of this AD    (f)(1)(ii) of this AD or within 30
 to the address identified in          days after the effective date of
 paragraph (g) of this AD. The         this AD, whichever occurs later.
 Office of Management and Budget
 (OMB) approved the information
 collection requirements contained
 in this regulation under the
 provisions of the Paperwork
 Reduction Act of 1980 (44 U.S.C.
 3501 et seq.) and assigned OMB
 Control Number 2120-0056.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Fort Worth Airplane Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Send information to 
ATTN: Eric Kinney, Fort Worth ACO, Aerospace Engineer, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone: (817) 222-5459; fax: 
(817) 222-5960. Before using any approved AMOC on any airplane to 
which the AMOC applies, notify your appropriate principal inspector 
(PI) in the FAA Flight Standards District Office (FSDO), or lacking 
a PI, your local FSDO.

Related Information

    (h) To get copies of the service information referenced in this 
AD, contact Eclipse Aviation Corporation, 2503 Clark Carr Loop, SE., 
Albuquerque, New Mexico 87106; telephone: (505) 724-1200. To view 
the AD docket, go to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, or on the Internet at 
http://www.regulations.gov.

    Issued in Kansas City, Missouri, on July 1, 2010.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-16740 Filed 7-8-10; 8:45 am]
BILLING CODE 4910-13-P
```