[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Rules and Regulations]
[Pages 34363-34365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11933]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28432; Directorate Identifier 2007-CE-056-AD; 
Amendment 39-15115; AD 2007-13-11]
RIN 2120-AA64


Airworthiness Directives; Eclipse Aviation Corporation Model 
EA500 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Eclipse Aviation Corporation (Eclipse) Model EA500 airplanes. This AD 
requires you to incorporate information into the Limitations section of 
the airplane flight manual (AFM) that will require operation only in 
day visual flight rules (VFR), allow only a VFR flight plan, and 
maintain operation with two pilots. This AD is being issued because of 
three instances of loss of primary airspeed indication due to freezing 
condensation within the pitot system. The loss of air pressure in the 
pitot system could cause the stall warning to become unreliable and the 
stick pusher, overspeed warning, and autopilot to not function. The 
concern is heightened by the aerodynamic characteristics of the Eclipse 
Model EA500 airplane, which relies on the stall warning and the stick 
pusher to alert the pilot prior to the loss of aircraft control. The 
standby airspeed is reliable and not affected by this failure mode. A 
temporary AFM revision prohibits operation in instrument meteorological 
conditions (IMC), requires two pilots, and limits the airspeed and 
altitude envelope if the event occurs in flight. The AFM limitations 
and FAA operational rules allow Model EA500 flight crews to file an 
instrument flight rule (IFR) flight plan even though the airplane is 
not approved for flight in IMC. This potentially causes an undue 
workload burden and confusion when the pilot has to refuse any 
instructions that take them into IMC. We are issuing this AD to prevent 
an unsafe condition when Air Traffic Control's (ATC's) ability to 
maintain traffic separation is compromised because an airplane on an 
IFR flight plan cannot accept a flight plan into IMC.

DATES: This AD becomes effective on June 27, 2007.
    We must receive any comments on this AD by August 21, 2007.

[[Page 34364]]


ADDRESSES: Use one of the following addresses to comment on this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     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.
     Fax: (202) 493-2251.
     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.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2007-28432; Directorate Identifier 2007-CE-056-AD.

FOR FURTHER INFORMATION CONTACT: Al Wilson, Flight Test Pilot, 2601 
Meacham Blvd., Fort Worth, Texas 76137-4298; telephone: (817) 222-5146; 
fax: (817) 222-5960.

SUPPLEMENTARY INFORMATION:

Discussion

    The Eclipse Model EA500 has experienced three instances of loss of 
primary airspeed indication due to freezing condensation within the 
pitot system. The loss of air pressure in the pitot system could cause 
the stall warning to become unreliable and the stick pusher, overspeed 
warning, and autopilot to not function. The concern is heightened by 
the aerodynamic characteristics of the Eclipse Model EA500 airplane, 
which relies on the stall warning and the stick pusher to alert the 
pilot prior to the loss of aircraft control. The standby airspeed is 
reliable and not affected by this failure mode. A temporary AFM 
revision prohibits operation in instrument meteorological conditions 
(IMC), requires two pilots, and limits the airspeed and altitude 
envelope if the event occurs in flight. The AFM limitations and FAA 
operational rules allow Model EA500 flight crews to file an instrument 
flight rule (IFR) flight plan even though the airplane is not approved 
for flight in IMC.
    ATC has expressed that filing IFR flight plans and being unable to 
operate in IMC creates an undue workload burden on the controller 
workforce when the pilots have to refuse any instructions that take 
them into IMC. This burden (combined with the potential for the stall 
warning to become unreliable and the stick pusher, overspeed warning, 
and autopilot to not function) compromises the continued operational 
safety of the Eclipse Model EA500 airplanes.
    There is precedent where the FAA used AD action to correct unsafe 
conditions within the National Airspace System (NAS). An example of 
this occurred in 1998 when workload and communication problems with ATC 
were addressed as an unsafe condition through AD action on ATC 
transponders and the Traffic Alert and Collision Avoidance System 
(TCAS). For example, the FAA issued AD 98-14-03, Amendment 39-10637, 
when misleading or inaccurate encoding altimeter information caused ATC 
transponders to interact negatively with ground-based ATC radar sites 
and nearby TCAS-equipped aircraft. The inability of the ground-based 
ATC radar sites to coordinate this information and communicate with 
nearby TCAS-equipped aircraft jeopardized the NAS and created an unsafe 
condition.

FAA's Determination and Requirements of This AD

    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 of:
     ATC's ability to maintain traffic separation and maintain 
a safe NAS is compromised due to the undue workload burden on the 
controller workforce when the pilots have to refuse any instructions 
that take them into IMC; and
     The potential for the stall warning to become unreliable 
and the stick pusher, overspeed warning, and autopilot to not function 
due to loss of air pressure in the pitot system compromises the 
continued operational safety of the Eclipse Model EA500 airplanes.
    Therefore, we determined that notice and opportunity for public 
comment before issuing this AD are impracticable and that good cause 
exists for making this amendment effective in fewer than 30 days.
    This AD requires you to incorporate information into the 
Limitations section of the AFM that will require operation only in day 
VFR, allow only a VFR flight plan, and maintain operation with two 
pilots. The day VFR limitation will prohibit flight at night because it 
is more difficult to avoid inadvertent flight into IMC at night.
    This is considered interim action. Eclipse is working on a 
modification to the pitot system. We will consider taking additional 
rulemaking action to supersede this AD and terminate the above 
limitations when Eclipse completes the design modification to the pitot 
system and the FAA approves it as addressing the unsafe condition.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and an opportunity for 
public comment. We invite you to send any written relevant data, views, 
or arguments regarding this AD. Send your comments to an address listed 
under the ADDRESSES section. Include the docket number ``FAA-2007-
28432; Directorate Identifier 2007-CE-056-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive concerning this AD.

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 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

[[Page 34365]]

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); 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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory 
evaluation, any comments received, and other information on the 
Internet at http://dms.dot.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) 647-5227) 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, 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):

2007-13-11 Eclipse Aviation Corporation: Amendment 39-15115; Docket 
No. FAA-2007-28432; Directorate Identifier 2007-CE-056-AD.

Effective Date

    (a) This AD becomes effective on June 27, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EA500 airplanes, serial numbers 
000001 and up, that are certificated in any category.

Unsafe Condition

    (d) This AD is being issued because of three instances of loss 
of primary airspeed indication due to freezing condensation within 
the pitot system. The loss of air pressure in the pitot system could 
cause the stall warning to become unreliable and the stick pusher, 
overspeed warning, and autopilot to not function. The concern is 
heightened by the aerodynamic characteristics of the Eclipse Model 
EA500 airplane, which relies on the stall warning and the stick 
pusher to alert the pilot prior to the loss of aircraft control. The 
standby airspeed is reliable and not affected by this failure mode. 
A temporary AFM revision prohibits operation in instrument 
meteorological conditions (IMC), requires two pilots, and limits the 
airspeed and altitude envelope if the event occurs in flight. The 
AFM limitations and FAA operational rules allow Model EA500 flight 
crews to file an instrument flight rule (IFR) flight plan even 
though the airplane is not approved for flight in IMC. This 
potentially causes an undue workload burden and confusion on the 
controller workforce when the pilot has to refuse any instructions 
that take them into IMC. We are issuing this AD to prevent an unsafe 
condition when Air Traffic Control's (ATC's) ability to maintain 
traffic separation is compromised because an airplane on an IFR 
flight plan cannot accept a flight plan into IMC.

Compliance

    (e) To address this problem, before further flight after June 
27, 2007 (the effective date of this AD), incorporate the following 
into the Limitations section of the AFM, unless already done:

``--Operate Only in Day Visual Flight Rules (VFR);
--File Only a VFR Flight Plan; and
--Operate with Two Pilots at All Times.''

    (1) The owner/operator 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 information into the AFM as 
specified in paragraph (e) of this AD.
    (2) You may insert a copy of this AD into the Limitations 
section of the AFM to comply with this action.
    (3) Make an entry into the aircraft records showing compliance 
with portion of the AD in accordance with section 43.9 of the 
Federal Aviation Regulations (14 CFR 43.9).

Alternative Methods of Compliance (AMOCs)

    (f) 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. Send information to ATTN: Al 
Wilson, Flight Test Pilot, 2601 Meacham Blvd., Fort Worth, Texas 
76137-4298; telephone: (817) 222-5146; 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.

    Issued in Kansas City, Missouri, on June 14, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-11933 Filed 6-21-07; 8:45 am]
BILLING CODE 4910-13-P