Costs of Compliance

We estimate that this AD affects 64 airplanes in the U.S. registry.

We estimate the following costs to do the modification: Total cost per Total cost on Labor cost Parts cost airplane U.S. operators 30 workhours x $80 per hour = $2,400........................ $7,000 $9,400 $601,600

Warranty credit will be given to the extent specified in the service bulletin.

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 AD. Regulatory Findings

We have 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 the 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.

[[Page 3619]]

We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include ``Docket No. FAA200729316; Directorate Identifier 2007CE078AD'' in your request.

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 Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39AIRWORTHINESS 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 removing Airworthiness Directive (AD) 20071311, Amendment 3915115 (72 FR 34363, June 22, 2007), and adding the following new AD:
20080204 Eclipse Aviation Corporation: Amendment 3915334; Docket No. FAA200729316; Directorate Identifier 2007CE078AD.
Effective Date
(a) This AD becomes effective on February 26, 2008.
Affected ADs
(b) This AD supersedes AD 20071311, Amendment 3915115.
Applicability
(c) This AD applies to Model EA500 airplanes, serial numbers 000001 through 000064, that are certificated in any category. Unsafe Condition
(d) Reports of three instances of loss of primary airspeed indication due to freezing condensation within the pitot system prompted us to issue AD 20071311. This AD results from Eclipse developing a design modification to the pitot/angleofattack (AOA) system that eliminates the possibility of freezing condensation within the pitot/AOA system. Eclipse is incorporating this modification during production on Model EA500 airplanes starting with serial number 000065. We are issuing this AD to prevent long term reliance on special operating limitations when a design change exists that would eliminate the need for the operating limitations. Incorporating the modification would prevent loss of air pressure in the pitot system, which could cause erroneous AOA and airspeed information with consequent loss of control.
Compliance
(e) To address this problem, you must do the following, unless already done:
Actions Compliance Procedures (1) Incorporate the following into Before further flight after June 27, The owner/operator holding at least the Limitations section of the 2007 (the effective date of AD 2007 a private pilot certificate as airplane flight manual (AFM): 1311). authorized by section 43.7 of the (i) ``Operate Only in Day Visual Federal Aviation Regulations (14 Flight Rules (VFR);'' CFR 43.7) may insert the (ii) ``File Only a VFR Flight information into the AFM as Plan;'' and specified in paragraph (e)(1) of (iii) ``Operate with Two Pilots at this AD. You may insert a copy of All Times.'' this AD into the Limitations section of the AFM to comply with this action. Make an entry into the aircraft records showing compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). (2) Incorporate the design Within the next 60 days after Following Eclipse Aviation Alert modification to the pitot/AOA February 26, 2008 (the effective Service Bulletin Number SB 50034 system. When incorporated, this date of this AD). 005, Rev B, issued July 10, 2007. design modification terminates the
AFM operational limitations
required in paragraph (e)(1) of
this AD.
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 761374298; telephone: (817) 2225146; fax: (817) 2225960.

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.
(g) AMOCs approved for AD 20071311 are approved for this AD. Material Incorporated by Reference
(h) You must use Eclipse Aviation Alert Service Bulletin Number SB 50034005, Rev B, issued July 10, 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, 2503 Clark Carr Loop, SE.,
Albuquerque, NM 87105, fax: 5052418802; email:
customercare@eclipseaviation.com.
(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 7416030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .

Issued in Kansas City, Missouri, on January 9, 2007. John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E8751 Filed 11808; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Al Wilson, Flight Test Pilot, Airplane Certification Office, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137 4298; telephone: (817) 2225146; fax: (817) 2225960.