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Congressional Hearing To Be Held On Eclipse 500 Type Certification

FAA Confirms Cert Review Now Underway

by ANN Managing Editor Rob Finfrock

Is it another sign of potentially serious problems with the inaugural very-light-jet... or politically-motivated posturing? A Congressional hearing will be held next month to review the type certificate issued to Eclipse Aviation for the EA500 VLJ, following claims by some certification workers the jet was issued its TC by the FAA long before it was ready.

The hearing before the House Transportation and Infrastructure Committee, chaired by Congressman James Oberstar (right), will be held September 17.

The National Air Traffic Controllers Association -- which, in addition to its primary role in representing controllers, also represents FAA aircraft certification workers -- filed a grievance in October 2006, alleging "several outstanding safety/regulatory issues" raised by several engineers and test pilots involved with the EA500's certification. The grievance didn't mention specific issues with the plane, and was denied by the FAA... which stands by its certification.

That wasn't the end of the story, however. Having been shut down by the FAA, the inspectors took their concerns directly to the Department of Transportation, and to Congress... where they found an audience. As ANN reported, reports surfaced in July Oberstar's committee was preparing to launch a hearing following an investigation by the DOT Inspector General.

Oberstar is no stranger to headlines involving aviation safety. The Minnesota Democrat spearheaded this year's investigation into the FAA's questionable oversight of maintenance compliance at the nation's airlines... efforts that led to the highly-publicized groundings of MD-80s at American Airlines in April, and a $10.2 million fine issued by the FAA against Southwest Airlines for failing to conduct fuselage fatigue inspections on its oldest Boeing 737s.

Separately, NATCA also has a well-publicized beef with the FAA. The agency forced a new contract on controllers in June 2006, after FAA officials declared an impasse in negotiations with the union... and since then, NATCA hasn't missed an opportunity to call the FAA on the carpet. Certification of the Eclipse 500 was one of the agency's highest-profile projects in some time.

That said, it's little secret the Eclipse 500 has suffered a rocky service record since the plane entered serial production in January 2007. The FAA has issued a number of Airworthiness Directives for the plane, including for issues involving icing in the plane's pitot and AOA probes. In June, the FAA issued an Emergency AD following the failure of an Eclipse 500 throttle quadrant, which led to an emergency, engine-out landing at Chicago's Midway Airport. Eclipse developed fixes for both issues. 

A number of pilots have also blown maingear tires on landing. Though Eclipse maintains that issue is tied to pilots attempted to land the plane at higher-than-book speeds, the company is working to certify a more durable tire.

Critics of the company (a very vocal group) accuse the planemaker of sacrificing build quality in its quest to reach production rates as high as four planes per day... a total Eclipse has not come close to achieving. Those naysayers point to the high number of maintenance squawks reported by Eclipse 500 owners in the field -- including poor fit-and-finish quality, avionics problems, and failures of yaw dampener and autopilot servos -- as clear evidence of this problem.

The circumstances under which Eclipse eventually earned its TC has also raised eyebrows. Former FAA Administrator Marion Blakey awarded Eclipse with a provisional TC at AirVenture 2006, about a year later than the company had hoped. The "provisional" nature of the certification was due to the company's continued efforts to resolve avionics integration issues. Eclipse also had to redesign the plane's tip tanks to meet lightning safety guidelines... a requirement that led Eclipse to implement a slate of performance-improving airframe modifications, to compensate for the performance hit from the larger, aluminum tanks.

The FAA issued Eclipse its full TC on September 30, 2006... a Saturday, and the end of the FAA's fiscal year. The certification workers who brought their complaints to the DOT questioned whether the odd timing of the issuance was tied at all to performance-based pay bonuses for FAA higher-ups, an accusation the FAA has vehemently denied.

FAA Confirms Certification Review

The FAA acknowledged Wednesday that on August 11,  the agency began a 30-day review of the Eclipse 500. Jerry Mack, a former Boeing safety executive, is leading an oversight team of seven FAA experts with specialties such as flight testing, avionics, and certification. None of the team members were part of the original certification group.

"The FAA convened this Special Certification Review (SCR) team to look at: aircraft safety, certification of aircraft trim, flaps, screen blanking, and stall speeds," the agency writes. "These issues were the subject of Service Difficulty Reports (SDRs) that have been filed by operators since the aircraft was certificated on September 30, 2006. The team will look at whether or not any of these issues were raised during the certification process and if any of the issues are currently a threat to safety."

Eclipse tells ANN it will cooperate fully with the FAA in the matter, and that the planemaker is confident the review will find the Eclipse 500 was in full compliance with all federal regulations at the time of its certification.

"Without a doubt, this special review will uncover what we already know -- that the Eclipse 500 marks the safest new airplane introduction into service in 20 years," said Eclipse CEO Roel Pieper. "Customer safety has always been a priority at Eclipse, and we look forward to this investigation dispelling any inaccuracies about the certification of this airplane for once and for all."

Eclipse also claims that with more than 5,000 test hours on six test aircraft, the EA500 is the most-tested Federal Aviation Regulation (FAR) Part 23 (general aviation) aircraft in decades. The company also implies the high number of service-related issues for the plane is tied to the relatively large number of Eclipse 500s already in service: in 20 months of customer shipments, Eclipse has delivered 245 aircraft, and accumulated more than 32,000 total fleet hours.

The FAA notes such certification reviews are regularly conducted by the agency. "In the past 10 years, the agency has conducted special reviews on the Liberty XL-2 (2008), Mitsubishi MU-2B (2005), Cessna 208 (2005), Twin Cessna 400 Series Models (2004), Raytheon 390 (2004), and the Beechcraft T34 (2003)," the agency said.

FMI: www.faa.gov, www.natca.org, www.house.gov/oberstar/, www.eclipseaviation.com

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