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| DOT’s Inspector General’s Office Investigates FAA’s Approval of Eclipse Jet | Jul '08 |
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| By Karen Di Piazza |
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Congress has ordered the United States Department of Transportation's inspector general's office to conduct multiple audits of the Federal Aviation Administration's oversight on air safety issues. Now, the IG's office is investigating the FAA's issuance of its Sept. 30, 2006 full type certificate granted to Eclipse Aviation Corp. The National Air Traffic Controllers Association said that the FAA issued a TC to Eclipse, maker of the six-place Eclipse 500 very light jet, "without allowing FAA aircraft certification engineers and flight test pilots to properly complete their assigned certification and safety responsibilities."
NATCA filed an official grievance notification (AIR-402) on Oct. 20, 2006, against FAA managers Michelle Owsley and John Hickey, charging that the FAA issued Eclipse's TC despite "several outstanding safety/regulatory issues" that were identified prior to the issuance of the TC. The grievance alleges that the FAA violated its own regulations, orders and polices. In its grievance, the NATCA stated that the FAA's mission "is to keep safe the lives of the flying public and not to save companies."
The FAA issued a provisional type certification for the VLJ on July 27, 2006.
"The engines (PW610F) weren't approved when Eclipse received its provisional TC," said Tomaso DiPaolo, NATCA aircraft certification national rep, who filed the grievance on behalf of FAA-employed certification workers.
Mike MacDonald, NATCA regional vice president of region X, said although the FAA stands by its approval of the Eclipse jet and the FAA denied the grievance, the union isn't giving up.
"We requested arbitration for this matter on Nov. 22, 2006, via certified mail to the FAA," MacDonald said. "NATCA has been working on a long list of grievances trying to get the FAA to arbitration. Because of the way the process works, we don't expect an arbitration hearing until early 2009."
Safety issues before Eclipse received FAA TC
As for specific safety issues raised by FAA certification workers that the IG's office is investigating, this reporter obtained documentation of some of the safety concerns from an FAA engineer source.
"There were known concerns with the aircraft's engines—its FADEC (full authority digital engine control) software, and the possibility that a pilot could lose the ability to control engine thrust," the engineer said. "About six months before Eclipse received its TC, and up to that point, DERs (designated engineering representatives) reported to FAA program managers that they were being pressured by Eclipse. Instead of taking action against the aircraft manufacturer, FAA management ignored complaints. The original display system had software problems; the cockpit display system was determined not to comply with the FARs (Federal Aviation Regulations). The displays would lock up and 're-boot' as well as display false information during the re-boot process. Although the flight-testing on the aircraft was ongoing and hadn't been completed, the FAA held a meeting on Friday, Sept. 29, 2006, and decided that the Eclipse was ready for its TC. The next day, a Saturday, which is unusual, a formal TC was issued to Eclipse for its jet."
In verifying that these safety concerns are valid, DiPaolo agreed to comment only about the information obtained.
"I'm aware of these safety issues. I'm aware that they occurred before the Eclipse was approved," DiPaolo said.
When asked what other safety issues were involved, DiPaolo replied that due to "the legal process and current investigations," he wasn't at liberty to disclose any details of safety issues at this time.
"However, I can tell you that I conducted an informal search of other aircraft manufacturers within the last couple of years, to see if any of them received a TC on a Saturday," he said. "I wasn't able to locate one."
The IG's office is expected to release a briefing to members of Congress within the first part of July.
In a USA Today report, Vern Raburn, CEO of Eclipse, said that the VLJ is in "complete and total conformity," meeting FAA regulations. He contended that the grievance is an issue between FAA certification personnel and its management.
On June 25, the FAA certified the Eclipse jet for flight into known icing, 12 days after the agency issued an emergency airworthiness directive due to a dual-engine failure over Chicago, after the aircraft's throttle levers failed a pilot's commands. Eclipse said this situation has been remedied, and pending the FAA's approval, it can provide aircraft owners and operators with new safety software to prevent this from happening again.
Currently, Eclipse is trying to solicit business for its $1.35 million Eclipse 400, a single-engine jet with four seats. The plane maker said its small E400 jet would be certified to fly up to 41,000 feet, with first deliveries targeted for the fourth quarter of 2011. Eclipse announced it would begin accepting $100,000 refundable deposits on the E400 on July 28, with orders accepted from the public the following day.
If the IG's office submits an unfavorable report to Congress, agreeing with FAA certification workers that the Eclipse 500 was certified overlooking serious safety issues, it could severely damage Eclipse's credibility and future sales of aircraft.
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