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.

Proposed Rules Federal Register

30243 

Vol. 78, No. 99 

Wednesday, May 22, 2013 

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. 


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30244 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Proposed Rules 

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

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Aircraft computer system update 

for airplanes equipped with Avio 

or Avio ETT avionics suites.

.5 work-hour × $85 per hour = 

$42.50.

$1,950 $1,992.50 $1,992.50 × 38 affected airplanes 

= $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] 

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Flight manual update for airplanes 

equipped with NG 1.0 avionics 

suites.

.5 work-hour × $85 per hour = 

$42.50.

Not applicable .. $42.50 $42.50 × 43 affected airplanes = 

$1,827.50. 

OR 

Aircraft computer system update 

for airplanes equipped with NG 

1.0 avionics suites.

.5 work-hour × $85 per hour = 

$42.50.

$37,000 ............ $37,042.50 $37,042.50 × 43 affected 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 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. 


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

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 40 

[Docket No. RM13–6–000] 

Electric Reliability Organization 

Interpretation of Specific 

Requirements of the Disturbance 

Control Performance Standard 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Under section 215 of the 

Federal Power Act, the Federal Energy 

Regulatory Commission (Commission) 

proposes to remand the proposed 

interpretation of Reliability Standard 

BAL–002–1, Disturbance Control 

Performance, Requirements R4 and R5, 

submitted to the Commission for 

approval by the North American Electric 

Reliability Corporation, the 

Commission-certified Electric 

Reliability Organization. Specifically, 

the interpretation addresses whether 

Balancing Authorities and Reserve 

Sharing Groups are subject to 

enforcement actions for failing to restore 

Area Control Error within the 15-minute 

Disturbance Recovery Period for 

Reportable Disturbances that exceed the 

most severe single Contingency. The 

Commission proposes to remand the 

proposed interpretation because it 

changes a requirement of the Reliability 

Standard, thereby exceeding the 

permissible scope for interpretations. 

DATES: Comments are due July 8, 2013. 

ADDRESSES: You may submit comments, 

identified by docket number by any of 

the following methods: 

• Agency Web site: http://ferc.gov. 

Documents created electronically using 

word processing software should be 

filed in native applications or print-toPDF format and not in a scanned format. 

• Mail/Hand Delivery: Commenters 

unable to file comments electronically 

must mail or hand deliver an original 

and 14 copies of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street NE., Washington, DC 20426. 

FOR FURTHER INFORMATION CONTACT: 

Mark Bennett (Legal Information), Office 

of General Counsel, Federal Energy 

Regulatory Commission, 888 First 

Street NE., Washington, DC 20426. 

(202) 502–8524. 

mark.bennett@ferc.gov. 

Syed Ahmad (Technical Information), 

Office of Electric Reliability, Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 

20426. (202) 502–8718. 

syed.ahmad@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Notice of Proposed Rulemaking 

(Issued May 16, 2013) 

1. Under section 215 of the Federal 

Power Act (FPA), the Commission 

proposes to remand the proposed 

interpretation of Reliability Standard 

BAL–002–1, Disturbance Control 

Performance, Requirements R4 and R5 

submitted to the Commission for 

approval by the North American Electric 

Reliability Corporation (NERC), the 

Commission-certified Electric 

Reliability Organization (ERO). 

Specifically, the interpretation 

addresses whether Balancing 

Authorities and Reserve Sharing Groups 

are subject to compliance enforcement 

actions for failing to restore Area 

Control Error (ACE) within the 15- 

minute Disturbance Recovery Period for 

Reportable Disturbances that exceed the 

most severe single Contingency (MSSC). 

For the reasons explained below, the 

Commission proposes to remand the 

proposed interpretation because it 

changes the requirements of the 

Reliability Standard, thereby exceeding 

the permissible scope for 

interpretations. The Commission seeks 

comments on its proposal. 

I. Background 

A. Section 215 of the FPA and 

Standards Development Process 

2. Section 215 of the FPA requires a 

Commission-certified ERO to develop 

mandatory and enforceable Reliability 

Standards, subject to Commission 

review and approval. Specifically, the 

Commission may approve, by rule or 

order, a proposed Reliability Standard 

or modification to a Reliability Standard 

if it determines that the Standard is just, 

reasonable, not unduly discriminatory 

or preferential, and in the public 


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