[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Rules and Regulations]
[Pages 45857-45860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17786]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0837; Directorate Identifier 2008-CE-043-AD; 
Amendment 39-15633; AD 2008-16-15]
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 superseding emergency Airworthiness Directive (AD) 
2008-13-51, which currently applies to all owners/operators of Eclipse 
Aviation Corporation (Eclipse) Model EA500 airplanes that received the 
emergency AD by letter issued June 12, 2008. Emergency AD 2008-13-51 
requires owner/operators to insert temporary revisions into the 
emergency and normal procedures sections of the airplane flight manual 
(AFM), do a pilot evaluation of the throttles with replacement as 
necessary, and report the evaluation results to the FAA. Emergency AD 
2008-13-51 was the result of the throttle position exceeding its 
maximum range. Since issuing that AD, Eclipse developed an FAA-approved 
test procedure and issued Eclipse Aviation Alert Service Bulletin SB 
500-76-001, REV B, dated July 22, 2008. The service bulletin provides a 
standardized procedure for testing and modifying (as applicable) the 
throttle lever with replacement as necessary. We are issuing this AD to 
mandate the actions in this service bulletin to be done by a person 
authorized to perform maintenance and reduce the likelihood of the 
throttle position signal exceeding its maximum range, which could cause 
loss of left and right engine control. This condition could result in 
the inability to maintain desired airspeed and/or altitude with 
consequent loss of control.

DATES: This AD becomes effective on August 7, 2008.
    On August 7, 2008, 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 October 6, 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, 2503 Clark Carr Loop, SE., Albuquerque, 
New Mexico 87106; telephone: (505) 724-1200.
    To view the comments to this AD, go to http://www.regulations.gov. 
The docket number is FAA-2008-0837; Directorate Identifier 2008-CE-043-
AD.

FOR FURTHER INFORMATION CONTACT: Mitchell Soth, Aerospace Engineer, 
FAA, Forth Worth Airplane Certification Office, 2601 Meacham Blvd., 
Fort Worth, Texas 76137; telephone: (817) 222-5104; fax: (817) 222-
5960.

SUPPLEMENTARY INFORMATION:

Discussion

    Following a wind shear encounter on final approach, the pilot of an 
Eclipse Model EA500 airplane applied full throttle using enough force 
against the forward stops to exceed the design throttle position signal 
maximum range. The associated fault mode held the engine thrust 
settings at the last known throttle position, which was maximum.
    Following the balked landing, the pilot elected to shutdown one 
engine. Upon shutdown of the one engine, the opposite engine thrust 
reduced to idle and was unresponsive to subsequent throttle lever 
movement. The pilot was able to land the airplane with no injury or 
substantial damage. Both main tires were blown during the event.
    Exceeding the throttle position signal maximum range could cause 
loss of left and right engine control, which could result in the 
inability to maintain desired airspeed and/or altitude with consequent 
loss of control.
    On June 12, 2008, the FAA issued emergency AD 2008-13-51 to require 
owner/operators to insert the following into emergency and normal 
procedures sections of the EA500 pilots operating handbook (POH) and 
airplane flight manual (AFM), as applicable:
     Temporary Revision No. 005 To EA500 POH and FAA-Approved 
Airplane Flight Manual, L & R ENG CONTROL FAIL, AFM part number (P/N) 
06-122204, dated June 12, 2008;
     Temporary Revision No. 006 To EA500 POH and FAA-Approved 
Airplane Flight Manual, THROTTLE STOPS, AFM P/N 06-122204, dated June 
12, 2008;
     Temporary Revision No. 007 To EA500 POH and FAA-Approved 
Airplane Flight Manual, L & R ENG CONTROL FAIL, AFM P/N 06-121654, 
dated June 12, 2008;
     Temporary Revision No. 008 To EA500 POH and FAA-Approved 
Airplane Flight Manual, THROTTLE STOPS, AFM P/N 06-121654, dated June 
12, 2008;
     Temporary Revision No. 013 To EA500 POH and FAA-Approved 
Airplane Flight Manual, L & R ENG CONTROL FAIL, AFM P/N 06-100106, 
dated June 12, 2008; and
     Temporary Revision No. 014 To EA500 POH and FAA-Approved 
Airplane Flight Manual, THROTTLE STOPS, AFM P/N 06-100106, dated June 
12, 2008.
    The emergency AD also required an evaluation of the throttles with

[[Page 45858]]

replacement as necessary and a report of the evaluation results to the 
FAA.
    Emergency AD 2008-13-51 allowed the pilot to do the evaluation of 
the throttle. The FAA has since determined that the throttles must be 
inspected and modified (as applicable) by a person authorized to 
perform maintenance as specified in 14 CFR section 43.3 of the Federal 
Aviation Administration Regulations (14 CFR 43.3) following Eclipse 
Aviation Alert Service Bulletin SB 500-76-001, REV B, dated July 22, 
2008. The FAA has also determined the reporting requirement is no 
longer necessary.

Relevant Service Information

    We reviewed Eclipse Aviation Alert Service Bulletin SB 500-76-001, 
REV B, dated July 22, 2008. The service information describes 
procedures for inspecting and modifying (as applicable) the throttles 
with replacement as necessary.

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 
supersedes emergency AD 2008-13-51 and requires the following:
     Inserting the above-mentioned temporary revisions into the 
appropriate AFM; and
     Inspecting and modifying (as applicable) the throttles 
with replacement as necessary.
    This is considered interim action. We may take future rulemaking 
action.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate 
adoption of this AD, 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-2008-0837; 
Directorate Identifier 2008-CE-043-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 a new AD to read as follows:

2008-16-15 Eclipse Aviation Corporation: Amendment 39-15633; Docket 
No. FAA-2008-0837; Directorate Identifier 2008-CE-043-AD.

Effective Date

    (a) This AD becomes effective on August 7, 2008.

Affected ADs

    (b) This AD supersedes emergency AD 2008-13-51, which was sent 
by individual letter issued June 12, 2008, to owners/operators of 
Eclipse Model EA500 airplanes.

Applicability

    (c) This AD affects Model EA500 airplanes, all serial numbers, 
that are certificated in any category.

Unsafe Condition

    (d) This AD is the result of the throttle position exceeding its 
maximum range. We are issuing this AD to reduce the likelihood of 
the throttle position signal exceeding its maximum range, which 
could cause loss of left and right engine control. This condition 
could result in the inability to maintain desired airspeed and/or 
altitude with consequent loss of control.

Compliance

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

[[Page 45859]]



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               Actions                             Compliance                            Procedures
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(1) Insert the following into the     Before further flight after August    Under 14 CFR section 43.7 of the
 emergency and normal procedures       7, 2008 (the effective date of this   Federal Aviation Administration
 sections of the applicable EA500      AD). If you previously did this       Regulations (14 CFR 43.7), the
 pilots operating handbook (POH) and   action per compliance with            owner/operator holding at least a
 airplane flight manual (AFM):         emergency AD 2008-13-51, then you     private pilot certificate is
(i) For POH/AFM part number (P/N) 06-  may take ``unless already done''      allowed to insert the AFM temporary
 122204: Temporary Revision No. 005    credit for this portion of the AD.    revisions. Make an entry into the
 To EA500 POH and FAA-Approved                                               aircraft logbook showing compliance
 Airplane Flight Manual, L & R ENG                                           with this portion of the AD per
 CONTROL FAIL, dated June 12, 2008;                                          compliance with section 43.9 of the
 and Temporary Revision No. 006 To                                           Federal Aviation Regulations (14
 EA500 POH and FAA-Approved Airplane                                         CFR 43.9).
 Flight Manual, THROTTLE STOPS,
 dated June 12, 2008.
  (ii) For POH/AFM P/N 06-121654:     ....................................  ....................................
   Temporary Revision No. 007 To
   EA500 POH and FAA-Approved
   Airplane Flight Manual, L & R ENG
   CONTROL FAIL, dated June 12,
   2008; and Temporary Revision No.
   008 To EA500 POH and FAA-Approved
   Airplane Flight Manual, THROTTLE
   STOPS, dated June 12, 2008.
  (iii) For POH/AFM P/N 06-100106:    ....................................  ....................................
   Temporary Revision No. 013 To
   EA500 POH and FAA-Approved
   Airplane Flight Manual, L & R ENG
   CONTROL FAIL, dated June 12,
   2008; and Temporary Revision No.
   014, To EA500 POH and FAA-
   Approved Airplane Flight Manual,
   THROTTLE STOPS, dated June 12,
   2008.
(2) For POH/AFM P/N 06-122204,        Before further flight after August    Under 14 CFR section 43.7 of the
 inserting Section 3, Emergency        7, 2008 (the effective date of this   Federal Aviation Administration
 Procedures, Revision 1, dated June    AD).                                  Regulations (14 CFR 43.7), the
 25, 2008; and Section 4, Normal                                             owner/operator holding at least a
 Procedures, Revision 1, dated June                                          private pilot certificate is
 25, 2008, satisfies the requirement                                         allowed to insert the AFM temporary
 specified in paragraph (e)(1)(i) of                                         revisions. Make an entry into the
 this AD.                                                                    aircraft logbook showing compliance
                                                                             with this portion of the AD per
                                                                             compliance with section 43.9 of the
                                                                             Federal Aviation Regulations (14
                                                                             CFR 43.9).
(3) Inspect and modify (as            (i) If you have done all the actions  Follow the instructions in Eclipse
 applicable) the throttle quadrant     of emergency AD 2008-13-51 before     Aviation Alert Service Bulletin SB
 assembly (TQA).                       August 7, 2008 (the effective date    500-76-001, REV B, dated July 22,
                                       of this AD), an appropriately-        2008.
                                       licensed mechanic must do the
                                       inspection required by this AD at
                                       whichever of the following occurs
                                       first:
                                      (A) No later than the next            ....................................
                                       maintenance check; or
                                      (B) Within the next 60 days after     ....................................
                                       August 7, 2008 (the effective date
                                       of this AD).
                                      (ii) If you have not done all of the  ....................................
                                       actions of emergency AD 2008-13-51
                                       as of August 7, 2008 (the effective
                                       date of this AD), an appropriately-
                                       licensed mechanic must do the
                                       inspection required by this AD
                                       before further flight after August
                                       7, 2008 (the effective date of this
                                       AD). You may operate the airplane
                                       up to 10 hours time-in-service to
                                       reposition the airplane to the
                                       service center or maintenance
                                       facility doing the inspection
                                       provided the flight(s) occur(s)
                                       within 30 days after August 7, 2008
                                       (the effective date of this AD).
(4) If any TQA fails the inspection   Before further flight after the       Replace the TQA using FAA-approved
 required in paragraph (e)(3) of       inspection where any TQA failed.      procedures. Contact the FAA at the
 this AD, replace the TQA with a TQA                                         address in paragraph (f) of this AD
 that passes the test procedure set                                          for an FAA-approved procedure.
 forth in Eclipse Aviation Alert
 Service Bulletin SB 500-76-001, REV
 B, dated July 22, 2008.
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    Note: To get copies of the temporary revisions specified in this 
AD, contact Eclipse Aviation Corporation, 2503 Clark Carr Loop, SE., 
Albuquerque, NM 87105, fax: 505-241-8802; e-mail: 
[email protected].

Alternative Methods of Compliance

    (f) The Manager, Fort Worth Airplane Certification Office, FAA, 
ATTN: Mitchell Soth, FAA, 2601 Meacham Blvd, Fort Worth,

[[Page 45860]]

Texas 76137; telephone: (817) 222-5104; fax: (817) 222-5960, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. 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

    (g) You must use Eclipse Aviation Alert Service Bulletin SB 500-
76-001, REV B, dated July 22, 2008, 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, 2503 Clark Carr Loop, SE., 
Albuquerque, NM 87105, 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, Room 506, 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/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on July 29, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-17786 Filed 8-6-08; 8:45 am]
BILLING CODE 4910-13-P