Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to the specified products. That NPRM published in the Federal Register on July 9, 2010 (75 FR 39472). That NPRM proposed to require incorporating changes to the electronic flight information system and the airplane flight manual.
Comments
We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and the FAA's response to each comment.
Request To Withdraw the NPRM and Issue a Special Airworthiness Information Bulletin (SAIB)
Chris Jackman, Eclipse Aerospace Incorporated, proposed the withdrawal of the NPRM and requested the FAA to issue an SAIB instead.
The commenter reasoned that the majority of the affected airplanes have already incorporated the corrective action, and the owners/ operators only need to send confirmation of their taking corrective action. The commenter also states that an SAIB would be the most effective means for operators to become aware of the unsafe condition and means to communicate compliance with the service information.
The FAA disagrees with the comment. The Airworthiness Directives Manual, FAA-IR-M-8040.1C, dated May 17, 2010, prohibits the FAA from accepting assurance from a design approval holder that all products are in compliance as a reason not to issue an AD action. Consequently, we are making no change to the final rule AD action.
Request To Correct the Applicability Section
Chris Jackman requested a correction to the Applicability section, paragraph (c)(2) of the proposed AD action. He explained that the applicability in the NPRM is incorrect and should read as follows:
SNs 000039 through 000104, 000113 through 000115, 000120, and 000123 through 000124, that incorporate Avionics Upgrade to AVIO NG Configuration for ETT Configured Aircraftper any revision level of Eclipse SB 500-99-002.
The FAA agrees with the commenter's correction. This error was corrected in the NPRM; correction, published in the Federal Register on August 2, 2010 (75 FR 45075). The final rule AD action incorporates that correction.
Request To Add a Reference to Eclipse Aviation Recommended Service Bulletin SB 500-99-005, REV B, dated January 22, 2010
Chris Jackman commented that Eclipse Aviation Recommended Service Bulletin SB 500-99-005, REV B, dated January 22, 2010, also includes procedures for compliance with this AD and requested adding a reference to that service bulletin in addition to Eclipse Aviation Recommended Service Bulletin SB 500-99-005, REV A, dated February 16, 2009.
The FAA agrees with the commenter. We are adding a reference to Eclipse Aviation Recommended Service Bulletin SB 500-99-005, REV B, dated January 22, 2010, to the final rule AD action.
Request To Change the Contact Information for Eclipse Aerospace Incorporated
Chris Jackman stated the contact for service information has changed. The current name is Eclipse Aerospace Incorporated instead of Eclipse Aviation Corporation.
The FAA agrees with the commenter. We changed the contact information in the final rule AD action.
Request To Withdraw the Proposed AD
Gerard Wasselle stated that he and at least six other owners/pilots who have vast experience in the Eclipse Model EA500 airplane, all agree that the unsafe condition presented in the proposed AD occurs only in the AVIO NG version 1.1. We infer that the commenter would like to have the proposed AD withdrawn.
We disagree with the commenter. The root cause investigation by Eclipse Aerospace Incorporated discovered that this problem can and has occurred in Innovative Solution & Support equipment with software versions 1.0 through 1.2. This AD is not applicable to Avidyne AVIO-equipped Model EA500 airplanes. We are not changing the final rule AD action as a result of this comment.
Request To Withdraw the Proposed AD Because of Cost
Gerard Wasselle stated the corrective action is cost prohibitive for owners of an older version of AVIO to upgrade to AVIO NG since it is more than the value of the airplane. We infer that the commenter would like to see the proposed AD withdrawn.
The FAA disagrees with the commenter. This AD action does not apply to Avidyne AVIO-equipped Model EA500 airplanes. We are not changing the final rule AD action as a result of this comment.
Conclusion
We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously and minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was already proposed in the NPRM.
We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 168 airplanes of U.S. registry.
Owners/operators will comply with this 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 electronic flight instrument system 1.3 software update:
Labor Cost
Parts Cost
Total Cost Per Airplane
2 work-hours X $85 per hour = $170
$600 to $1,500
$770 to $1,670
We estimate the following costs to do the avionics upgrade to AVIO NG + 1.5 configuration:
Labor Cost
Parts Cost
Total Cost Per 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
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),
(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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 airworthiness directive (AD):