[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Rules and Regulations]
[Pages 66043-66045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23024]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0247; Directorate Identifier 2007-CE-083-AD; 
Amendment 39-15278; AD 2007-24-12]
RIN 2120-AA64


Airworthiness Directives; Eclipse Aviation Corporation Model 
EA500 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Eclipse Aviation Corporation Model (Eclipse) EA500 airplanes. 
This AD requires you to inspect the fuel filler adapters for primer 
and/or paint in the surround and, if present, remove the primer and/or 
paint. This AD results from an observation during a factory walk-around 
that the fuel filler surround was primed instead of being bare metal. 
We are issuing this AD to inspect and, if necessary, remove any paint 
and/or primer to restore the fuel filler adapter lightning strike 
protection. A lightning strike on the filler cap with insulating primer 
on the surround could result in the strike not dissipating to the 
surround. This could lead to arcing and ignition of fuel vapor inside 
the fuel tank.

DATES: This AD becomes effective on November 27, 2007.
    On November 27, 2007, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.
    We must receive any comments on this AD by January 28, 2008.

ADDRESSES: Use one of the following addresses to comment on this 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.
     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.
    To get the service information identified in this AD, contact 
Eclipse Aviation Corporation, 4100 Aerospace Parkway, Albuquerque, New 
Mexico 87121; phone (505) 245-7555; fax: (505) 241-8802; email: 
[email protected].
    To view the comments to this AD, go to http://www.regulations.gov. 
The docket number is FAA-2007-0247; Directorate Identifier 2007-CE-083-
AD.

FOR FURTHER INFORMATION CONTACT: Mitchell Soth, Flight Test Engineer, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone: (817) 222-5104; 
fax: (817) 222-5960.

SUPPLEMENTARY INFORMATION:

Discussion

    The aircraft type certification requires compliance to 14 CFR 
23.954, Fuel system lightning protection. During the lightning 
protection testing of certain Eclipse Model EA500 airplanes, it was 
determined that the fuel filler surround required exposed bare metal to 
dissipate arc products when the fuel filler cap is struck by lightning. 
We were notified by Eclipse that, during a factory walk-around, they 
observed that the fuel filler surround was primed instead of being bare 
metal. The affected airplanes are only those with the extended tip 
tanks (ETT).
    A lightning strike on the filler cap with insulating primer on the 
surround could result in the strike not dissipating to the surround. 
This could lead to arcing and ignition of fuel vapor inside the fuel 
tank.

Relevant Service Information

    We reviewed Eclipse Aviation Corporation Alert Service Bulletin SB 
500-57-007, Rev A, dated October 12, 2007, and Eclipse Aviation 
Corporation Alert Service Bulletin SB 500-57-007, Rev B, dated October 
23, 2007. The service information describes procedures for inspecting 
the fuel filler fitting surround for primer and/or paint and removing 
the primer and/or paint if found.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This AD requires 
you to

[[Page 66044]]

inspect and if necessary restore the fuel filler adapter lightning 
strike protection by removing any primer and/or paint from the fuel 
filler adapter surround.
    In preparing this rule, we contacted type clubs and aircraft 
operators to get technical information and information on operational 
and economic impacts. We did not receive any information through these 
contacts. If received, we would have included a discussion of any 
information that may have influenced this action in the rulemaking 
docket.

FAA's 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 
lightning strike to the fuel filler cap might not properly dissipate to 
the surround and could cause arcing and ignition of fuel vapor inside 
the fuel tank. 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.

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-2007-0247; 
Directorate Identifier 2007-CE-083-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://www.regulations.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 
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://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.

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):

2007-24-12 Eclipse Aviation Corporation: Amendment 39-15278; Docket 
No. FAA-2007-0247; Directorate Identifier 2007-CE-083-AD.

Effective Date

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

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EA500 airplanes, serial numbers 
000039 through 000062, that are certificated in any category.

Unsafe Condition

    (d) This AD results from an observation during a factory walk-
around that the fuel filler surround was primed instead of being 
bare metal. We are issuing this AD to inspect and, if necessary, 
remove any paint and/or primer to restore the fuel filler adapter 
lightning strike protection. A lightning strike on the filler cap 
with insulating primer on the surround could result in the strike 
not dissipating to the surround. This could lead to arcing and 
ignition of fuel vapor inside the fuel tank.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the right and     At whichever of the   Follow the
 left fuel filler adapters     following occurs      procedures in
 for application of primer     first: (i) Within     Eclipse Aviation
 and/or paint.                 10 hours time-in-     Corporation Alert
                               service (TIS) after   Service Bulletin SB
                               November 27, 2007     500-57-007, Rev A,
                               (the effective date   dated October 12,
                               of this AD).          2007, or Eclipse
                              (ii) Within 30 days    Aviation
                               after November 27,    Corporation Alert
                               2007 (the effective   Service Bulletin SB
                               date of this AD).     500-57-007, Rev B,
                                                     dated October 23,
                                                     2007.

[[Page 66045]]

 
(2) Remove any primer and/or  Before further        Follow the
 paint from the fuel filler    flight after the      procedures in
 adapter surround.             inspection required   Eclipse Aviation
                               by paragraph (e)(1)   Corporation Alert
                               of this AD where      Service Bulletin SB
                               primer and/or paint   500-57-007, Rev B,
                               was found on the      dated October 23,
                               fuel filler adapter   2007.
                               surround.
------------------------------------------------------------------------

Special Flight Permit

    (f) Under 14 CFR 39.23, we are limiting the special flight 
permits for this AD by allowing ``Flight in Day Visual Flight Rules 
(VFR) Only.''

Alternative Methods of Compliance (AMOCs)

    (g) 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: 
Mitchell Soth, Flight Test Engineer, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone: (817) 222-5104; 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.

Material Incorporated by Reference

    (h) You must use Eclipse Aviation Corporation Alert Service 
Bulletin SB 500-57-007, Rev A, dated October 12, 2007 or Eclipse 
Aviation Corporation Alert Service Bulletin SB 500-57-007, Rev B, 
dated October 23, 2007, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Eclipse Aviation Corporation, 4100 Aerospace Parkway, Albuquerque, 
New Mexico 87121; phone (505) 245-7555; fax: (505) 241-8802; e-mail: 
[email protected].
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on November 20, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-23024 Filed 11-26-07; 8:45 am]
BILLING CODE 4910-13-P