Airworthiness Directives; GARMIN International Inc. GTX 33, GTX 33D, GTX 330, and GTX 330D Mode S Transponders, 2937-2941 [05-832]

Download as PDF Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2004–18743; Directorate Identifier 2004–CE–23–AD; Amendment 39– 13944; AD 2005–01–19] RIN 2120–AA64 Airworthiness Directives; GARMIN International Inc. GTX 33, GTX 33D, GTX 330, and GTX 330D Mode S Transponders Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) to supersede Airworthiness Directive 2004–10–15, which applies to certain GTX 330 and GTX 330D Mode S transponders that are installed on airplanes. AD 2004–10–15 currently requires you to install GTX 330/330D Software Upgrade Version 3.03, 3.04, or 3.05. This AD applies to certain GTX 33, GTX 33D, GTX 330, and GTX 330D Mode S transponders that are installed on airplanes and is the result of observations that the GTX 33/33D/330/ 330D may detect, from other airplanes, the S1 (suppression) interrogating pulse below the minimum trigger level (MTL) and, in some circumstances, not reply. The GTX 33/33D/330/330D should still reply even if it detects S1 interrogating pulses below the MTL. Consequently, this AD would require you to install a GTX 33/33D/330/330D Software Upgrade to at least Version 3.06. No additional action is necessary for those airplanes that have transponders Software Upgrade 3.03 installed. Software Upgrade Versions 3.03 and 3.06 correct a TAS, TCAD, and TCAS I system ‘‘whisper-shout’’ problem that could potentially lead to the aircraft not being visible at certain ranges. TCAS II systems are not affected. We are issuing this AD to prevent interrogating aircraft from possibly receiving inaccurate replies due to suppression from aircraft equipped with the GTX 33/33D/330/ 330D Mode S transponders when the pulses are below the MTL. The inaccurate replies could result in reduced vertical separation. DATES: This AD becomes effective on February 23, 2005. As of February 23, 2005, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES: To get the service information identified in this AD, VerDate jul<14>2003 15:11 Jan 18, 2005 Jkt 205001 contact GARMIN International Inc., 1200 East 151st Street, Olathe, KS 66062; telephone: 913–397–8200. To review this service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: https:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html or call (202) 741– 6030. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 001 or on the Internet at https:// dms.dot.gov. The docket number is FAA–2004–18743. FOR FURTHER INFORMATION CONTACT: Roger A. Souter, FAA, Wichita Aircraft Certification Office (ACO), 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: 316–946–4134; facsimile: 316–946–4107; e-mail address: roger.souter@faa.gov. SUPPLEMENTARY INFORMATION: Discussion What events have caused this AD? The GTX 330/GTX 330D may detect from other aircraft the S1 (suppression) interrogating pulse below the MTL and, in some circumstances, does not reply. The GTX 330/330D should still reply even if it detects S1 interrogating pulses below the MTL, and this caused FAA to issue AD 2004–10–15, Amendment 39– 13645 (69 FR 29212, dated May 21, 2004). AD 2004–10–15 currently requires the incorporation of GTX 330/ 330D Software Upgrade to at least Version, 3.03, 3.04, or 3.05 on certain GTX 330 and GTX 330D Mode S transponders that are installed on airplanes. What has happened since AD 2004– 10–15 to initiate this action? After the issuance of AD 2004–10–15, GARMIN International Inc. discovered that minor changes made to GTX 330/330D Software Upgrades 3.04 and 3.05 inadvertently removed the correction to not suppress the S1 pulse below MTL. Garmin also discovered the Software Upgrade must be installed on GTX 33 and GTX 33D Mode S transponders as well as the GTX 330 and GTX 330D Mode S transponders. What is the potential impact if FAA took no action? If these changes are not incorporated, then interrogating aircraft could possibly receive inaccurate replies due to suppression from aircraft equipped with the GTX 33/33D/330/ 330D Mode S transponders when the pulses are below the MTL. Software PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 2937 Upgrade Version 3.03 and 3.06 correct a TAS, TCAD, and TCAS I system ‘‘whisper-shout’’ problem that could potentially lead to the aircraft not being visible at certain ranges. TCAS II systems are not affected. The inaccurate replies could result in reduced vertical separation. Has FAA taken any action to this point? We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain GTX 330 and GTX 330D Mode S transponders that are installed on airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on October 7, 2004 (69 FR 60100). The NPRM proposed to require you to install GTX 33/33D/330/330D Software Upgrade Version 3.03 or 3.06. Comments Was the public invited to comment? We provided the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and FAA’s response to each comment: Comment Issue: Direct the AD Only to Those Products That Have the Old SW Versions 3.00, 3.01, 3.02, 3.04, and 3.05 What is the commenter’s concern? The NPRM currently requires installation of GTX 330/330D Software Upgrade Version 3.03 or 3.06 to comply with the proposed AD, or later Software Versions by way of an AMOC. The commenter would like to direct the AD only to those products that have the old software versions 3.00, 3.01, 3.02, 3.04, and 3.05 installed; so that if the new software version 3.06 or later is installed the AD does not affect that product. The AD should not apply to future software versions. What is FAA’s response to the concern? We concur. This was the intent of the NPRM, and we have reworded the AD to reflect this comment. Conclusion What is FAA’s final determination on this issue? We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for the changes discussed above and minor editorial corrections. We have determined that these changes and minor corrections: —Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and E:\FR\FM\19JAR1.SGM 19JAR1 2938 Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations —Do not add any additional burden upon the public than was already proposed in the NPRM. Docket Information Where can I go to view the docket information? You may view the AD docket that contains information relating to this subject in person at the DMS Docket Offices between 9 a.m. and 5 p.m. (eastern standard time), Monday through Friday, except Federal holidays. The Docket Office (telephone 1–800– 647–5227) is located on the plaza level of the Department of Transportation NASSIF Building at the street address stated in ADDRESSES. You may also view the AD docket on the Internet at https://dms.dot.gov. Changes to 14 CFR Part 39—Effect on the AD How does the revision to 14 CFR part 39 affect this AD? On July 10, 2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA’s AD system. This regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions. Costs of Compliance How many airplanes does this AD impact? We estimate that this AD affects 5,400 airplanes in the U.S. registry. What is the cost impact of this AD on owners/operators of the affected airplanes? Garmin International Inc. will provide warranty only for Service Bulletin No. 0409, dated July 19, 2004 (which incorporates Software Upgrade 3.06) installation as specified in the service information. Although Software Upgrade 3.03 is still in compliance with this proposed AD, if previously installed, Software Upgrade 3.03 is no longer available through Garmin. Authority for This Rulemaking What authority does FAA have for issuing this rulemaking action? 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. 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. FAA–2004–18743; Directorate Identifier 2004–CE–23–AD’’ 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: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. Regulatory Findings Will this AD impact various entities? 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. Will this AD involve a significant rule or regulatory action? 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. We prepared a summary of the costs to comply with this AD and placed it in § 39.13 [Amended] I 2. FAA amends § 39.13 by removing AD 2004–10–15, Amendment 39–13645 and adding a new AD to read as follows: 2005–01–19 GARMIN International Inc.: Amendment 39–13944; Docket No. FAA–2004–18743; Directorate Identifier 2004–CE–23–AD. When Does This AD Become Effective? (a) This AD becomes effective on February 23, 2005. What Other ADs Are Affected by This Action? (b) This AD supersedes AD 2004–10–15, Amendment 39–13645. What Airplanes Are Affected by This AD? (c) This AD affects GARMIN International Inc. GTX 33, GTX 33D, GTX 330, and GTX 330D Mode S transponders that include software versions 3.00, 3.01, 3.02, 3.04, or 3.05 that are installed on, but not limited to, the following airplanes, certificated in any category: Manufacturer Model (1) Aermacchi S.p.A ........................................... S.205–18/F, S.205–18/R, S.205–20/R, S.205–22/R, S208, S.208A, F.260, F.260B, F.260C, F.260D, F.260E, F.260F, S.211A. AL 60, AL 60–B, AL 60–F5, AL 60–C5, AM–3. PA–60–600 (Aerostar 600), PA–60–601 (Aerostar 601), PA–60–601P (Aerostar 601P), PA– 60–602P (Aerostar 602P), PA–60–700P (Aerostar 700P), 360, 400. 14–19, 14–19–2, 14–19–3, 14–19–3A, 17–30, 17–31, 17–31TC, 17–30A, 17–31A, 17–31ATC 15A, 20, H–250, H–295 (USAFU–10D), HT–295, H391 (USAFYL–24), H391B, H–395 (USAFL–28A or U–10B), H–395A, H–700, H–800, HST–550, HST–550A (USAF AU–24A), 500. 402, 7GCA, 7GCB, 7KC, 7GCBA, 7GCAA, 7GCBC, 7KCAB, 8KCAB, 8GCBC. A–1, A–1A, A–1B, S–1S, S–1T, S–2, S–2A, S–2S, S–2C. BN–2, BN–2A, BN–2A–2, BN–2A–3, BN–2A–6, BN–2A–8, BN–2A–8, BN–2A–20, BN–2A–21, BN–2A–26, BN–2A–27, BN–2B–20, BN–2B–21, BN–2A–26, BN–2A–27, BN–2B–20, BN– 2B–21, BN–2B–26, BN–2B–27, BN–2T, BN–2T–4R, BN–2A MK.III, BN2A MK. III–2, BN2A MK. 111–3. 14–13, 14–13–2, 14–13–3, 14–13–3W. (2) Aeronautica Macchi S.p.A ............................. (3) Aerostar Aircraft Corporation ........................ (4) Alexandria Aircraft, LLC ................................ (5) Alliance Aircraft Group LLC .......................... (6) American Champion Aircraft Corp ................ (7) Sky International Inc ..................................... (8) B–N Group Ltd .............................................. (9) Bellanca ......................................................... VerDate jul<14>2003 15:11 Jan 18, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\19JAR1.SGM 19JAR1 Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations 2939 Manufacturer Model (10) Bombardier Inc ............................................ (11) Cessna Aircraft Company ........................... (Otter) DHC–3, DHC–6–1, DHC–6–100, DHC–6–200, DHC–6–300. 170, 170A, 170B, 172, 172A, 172B, 172C, 172D, 172E, 172F (USAF T–41A), 172G, 172H (USAF T041A), 172I, 172K, 172L, 172M, 172N, 172P, 172Q, 172R, 172S, 172RG, P172D, R172E (USAF T–41 B) (USAF T–41 C AND D), R172F (USAF T–41 D), R175G, R172H (USAF T–41 D), R172J, R172K, 175, 175A, 175B, 175C, 177, 177A, 177B, 177RG, 180, 180A, 180B, 180C, 180D, 180E, 180F, 180G, 180H, 180J, 180K, 182, 182A, 182B, 182C, 182D, 182E, 182F, 182G, 182H, 182J, 182K, 182L, 182M, 182N, 182P, 182Q, 182R, 182S, 182T, R182, T182, TR182, T182T, 185, 185A, 185B, 185C, 185D, 185E, A185E, A185F, 190, (LC–126A, B, C) 195, 195A, 195B, 210, 210A, 210B, 210C, 210D, 210E, 210F, T210F, 210G, T210G, 210H, T210H, 210J, T210J, 210K, T210K, 210L, T210L, 210M, T210M, 210N, P210N, T210N, 210R, P210R, T210R, 210–5 (205), 210–5A (205A), 206, P206, P206A, P206B, P206C, P206D, P206E, TP206A, TP206B, TP206C, TU206D, TU206E, TU206F, TU206G, 206H, T206H, 207, 207A, T207, T207A, 208, 208A, 208B, 310, 310A (USAF U–3A), 310B, 310C, 310D, 310E (USAF U–3B), 310F, 310G, 310H, E310H, 310I, 310J, 310J–1, E310J, 310K, 310L, 310N, 310P, T310P, 310Q, T310Q, 310R, T310R, 320, 320A, 320B, 320C, 320D, 320E, 320F, 320–1, 335, 340, 340A, 336, 337, 337A (USAF 02B), 337B, T337B, 337C, 337E, T337E, T337C, 337D, T337D, M337B (USAF 02A), 337F, T337F, T337G, 337G, 337H, P337H, T337H, T337H–SP, 401, 401A, 401B, 402, 402A, 402B, 402C, 411, 411A, 414, 414A, 421, 421A, 421B, 421C, 425, 404, 406, 441. SR20, SR22. 112, 112TC, 112B, 112TCA, 114, 114A, 114B, 114TC. DHC–2 Mk. I, DHC–2 Mk. II, DHC–2 Mk. III. (Volaire) 10, (Volaire) 10A, (Aero Commander) 100, (Aero Commander) 100A, (Aero Commander) 100–180. DA 20–A1, DA20–C1, DA 40. EMB–110P1, EMB–110P2. (12) (13) (14) (15) Cirrus Design Corporation .......................... Commander Aircraft Company ................... de Havilland Inc .......................................... Dynac Aerospace Corporation .................... (16) Diamond Aircraft Industries ......................... (17) Empressa Brasileira de Aeronautica S.A. EMBRAER. (18) Extra Flugzeugbau Gmbh ........................... (19) Fairchild Aircraft Corporation ...................... (20) Global Amphibians, LLC ............................. (21) (22) (23) (24) (25) (26) (27) Grob-Werke ................................................. Lancair Company ........................................ LanShe Aerospace, LLC ............................. Learjet Inc. .................................................. Lockheed Aircraft Corporation .................... Luscombe Aircraft Corporation ................... Maule Aerospace Technology, Inc ............. (28) Mitsubishi Heavy Industries, Ltd ................. (29) Mooney Airplane Company, Inc .................. (30) Moravan a.s ................................................ (31) Navion Aircraft Company, Ltd ..................... (32) New Piper Aircraft, Inc ................................ (33) Ostmecklenburgische Flugzeugbau GmgH (34) Piaggio Aero Industries S.p.A ..................... (35) Pilatus Aircraft Ltd ....................................... (36) Prop-Jets, Inc .............................................. VerDate jul<14>2003 15:11 Jan 18, 2005 Jkt 205001 PO 00000 EA300, EA300L, EA300S, EA300/200, EA–400. SA26–T, SA26–AT, SA226–T, SA226–AT, SA226–T(B), SA227–AT, SA227–TT, SA226–TC, SA227–AC (C–26A), SA227–CC, SA227–DC (C–26B). Colonial C–1, Colonial C–2, Lake LA–4, Lake LA–4A, Lake LA–4P, Lake LA–4–200, Lake Model 250. G115, G115A, G115B, G115C, G115C2, G115D, G115D2, G115EG, G120A. LC40–550FG. MAC–125C, MAC–145, MAC–145A, MAC–145B. 23. 18. 11A, 11E. Bee Dee M–4, M–4, M–4C, M–4S, M–4T, M–4180C, M–4–180S, M–4–180T, M–4–210, M–4– 210C, M–4–210S, M–4–210T, M–4–220, M–4–220S, M–4–220T, M–5–180C, M–5–200, M– 5–210C, M–5–210TC, M–5–220C, M–5–235C, M–6–180, M–6–235, M–7–235, MX–7–235, MX–7–180, MX–7–420, MXT–7–180, MT–7–235, M–8–235, MX–7–160, MXT–7–160, MX– 7–180A, MXT–7–180A, MX–7–180B, M–7–235B, M–7–235A, M–7–235C, MX–7–180C, M– 7–260, MT–7–260, M–7–260C, M–7–420AC, MX–7–160C, MX–7–180AC, M–7–420A, MT– 7–420. MU–2B–25, MU–2B–35, MU–2B–26, MU–2B–36, MU–2B–26A, MU–2B–36A, MU–2B–40, MU–2B–60, MU–2B, MU–2B–20, MU–2B–15. M20, M20A, M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K, M20L, M20M, M20R, M20S, M22. Z–242L, Z–143L. NAVION, Navion (L–17A), Navion (L17B), Navion (L–17C), Navion B, Navion D, Navion E, Navion F, Navion G, Navion H. PA–12, PA–12S, PA–18, PA–18S, PA–18 ‘‘105’’ (Special), PA–18S ‘‘105’’ (Special), PA–18A, PA–18 ‘‘125’’ (Army L–21A), PA–18S ‘‘125,’’ PA–18AS ‘‘125,’’ PA–18 ‘‘135’’ (Army L–21B), PA–18A ‘‘135,’’ PA–18S ‘‘135,’’ PA–18 ‘‘150,’’ PA–18A ‘‘150,’’ PA–18S ‘‘150,’’ PA–18AS ‘‘150,’’ PA–19 (Army L–18B), PA–19S, PA–20, PA–20S, PA–20 ‘‘115,’’ PA–20S ‘‘115,’’ PA– 20 ‘‘135,’’ PA–20S ‘‘135,’’ PA–22, PA–22–108, PA–22–135, PA–22S–135, PA–22–150, PA– 22S–150, PA–22–160, PA–22S–160, PA–23, PA–23–160, PA–23–235, PA–23–250, PA– E23–250, PA–24, PA–24–250, PA–24–260, PA–24–400, PA–28–140, PA–28–150, PA–28– 151, PA–28–160, PA–28–161, PA–28–180, PA–28–235, PA–28S–160, PA–28R–180, PA– 28S–180, PA–28–181, PA–28R–200, PA–28R–201, PA–28R–201T, PA–28RT–201, PA– 28RT–201T, PA–28–201T, PA–28–236, PA–30, PA–39, PA–40, PA–31P, PA–31T, PA– 31T1, PA–31T2, PA–31T3, PA–31P–350, PA–32–260, PA–32–300, PA–32S–300, PA–32R– 300, PA–32RT–300, PA–32RT–300T, PA–32R–301 (SP), PA–32R–301 (HP), PA–32R– 301T, PA–32–301, PA–32–301T, PA–34–200, PA–34–200T, PA–34–220T, PA–42, PA–42– 720, PA–42–1000, PA–42–720R, PA–44–180, PA–44–180T, PA–46–310P, PA–46–350P, PA–46–500TP. OMF–100–160. P–180. PILATUS PC–12, PILATUS PC–12/45, PC–6, PC–6–H1, PC–6–H2, PC–6/350, PC–6/350–H1, PC–6/350–H2, PC–6/A, PC–6/A–H1, PA–6/A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/B2–H2, PC–6/B2–H4, PC–6/C–H2, PC–6/C1–H2, PC–7. 200, 200A, 200B, 200C, 200D, 400. Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\19JAR1.SGM 19JAR1 2940 Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations Manufacturer Model (37) Panstwowe Zakladv Lotnicze (PZL) ........... PZL–104 WILGA 80, PZL–104M WILGA 2000, PZL–WARSZAWA, PZL–KOLIBER 150A, PZL– KOLIBER 160A. PZL M20 03, PZL M26 01. 35–33, 35–A33, 35–B33, 35–C33, 35–C33A, E33, E33A, E33C, F33, F33A, F33C, G33, H35, J35, K35, M35, N35, P35, S35, V35, V35A, V35B, 36, A36, A36TC, B36TC, 35, A35, B35, C35, D35, E35, F35, G35, 35R, F90, 76, 200, 200C, 200CT, 200T, A200, B200, B200C, B200CT, B200T, 300, 300LW, B300, B300C, 1900, 1900C, 1900D, A100–1 (U–21J), A200 (C–12A), A200 (C–12C), A200C (UC–12B), A200CT (C–12D), A200CT (FWC–12D), A200CT (RC–12D), A200CT (C–12F), A200CT (RC–12G), A200CT (RC–12H), A200CT (RC–12K), A200CT (RC–12P), A200CT (RC–12Q), B200C (C–12F), B200C (UC–12F), B200C (UC–12M), B200C (C–12R), 1900C (C–12J), 65, A65, A65–8200, 65–80, 65–A80, 65–A80–8800, 65–B80, 65–88, 65–A90, 70, B90, C90, C90A, E90, H90, 65–A90–1, 65– A90–2, 65–A90–3, 65–A90–4, 95, B95, B95A, D95A, E95, 95–55, 95–A55, 95–B55, 95– B55A, 95–B55B (T–42A), 95–C55, 95–C55A, D55, D55A, E55, E55A, 56TC, A56TC, 58, 58A, 58P, 58PA, 58TC, 58TCA, 99, 99A, 99A (FACH), A99, A99A, B99, C99, 100, A100 (U–21F), A100A, A100C, B100, 2000, 3000, 390, 19A, B19, M19A, 23, A23, A23A, A23–19, A23–24, B23, C23, A24, A24R, B24R, C24R, 60, A60, B60, 18D, A18A, A18D, S18D, SA18A, SA18D, 3N, 3NM, 3TM, JRB–6, D18C, D18S, E18S, RC–45J (SNB–5P), E18S– 9700, G18S, H18, C–45G, TC–45G, C–45H, TC–45H, TC–45J, UC–45J (SNB–5), 50 (L– 23A), B50 (L–23B), C50, D50 (L–23E), D50A, D50B, D50C, D50E–5990, E50 (L–23D, RL– 23D), F50, G50, H50, J50, 45 (YT–34), A45 (T–34A or B–45), D45 (T–34B). BC–1A, AT–6 (SNJ–2), AT–6A (SNJ–3), AT–6B, AT–6C (SNJ–4), AT–6D (SNJ–5), AT–6F (SNF–6), SNJ–7, T–6G, NOMAD NA–260. SC–7 Series 2, SC–7 Series 3. T67M260, T67M260–T3A. TB9, TB10, TB20, TB21, TB200, TBM 700, M.S. 760, M.S. 760 A, M.S. 760 B, Rallye 100S, Rallye 150ST, Rallye 150T, Rallye 235E, Rallye 235C, MS 880B, MS 885, MS 894A, MS 893A, MS 892A–150, MS 892E–150, MS 893E, MS 894E, GA–7. AA–1, AA–1A, AA–1B, AA–1C, AA–5, AA–5A, AA–5B, AG–5B. 500, 500–A, 500–B, 500–U, 500–S, 520, 560, 560–A, 560–E, 560F, 680, 680E, 680F, 680FL, 680FL(P), 680T, 680V, 680W, 681, 685, 690, 690A, 690B, 690C, 690D, 695, 695A, 695B, 720, 700. 108, 108–1, 108–2, 108–3, 108–5. P68, P68B, P68C, P68C–TC, P68 ‘‘Observer,’’ P68 ‘‘Observer 2,’’ P68TC ‘‘Observer,’’ AP68TP300 ‘‘Spartacus,’’ AP68TP 600 ‘‘Viator’’. CH2000. (38) PZL WSK/Mielec Obrsk .............................. (39) Raytheon ..................................................... (40) Rockwell International Corporation ............. (41) Short Brothers & Harland Ltd ..................... (42) Slingsby Aviation Ltd ................................... (43) SOCATA—Group Aerospatiale ................... (44) Tiger Aircraft LLC ........................................ (45) Twin Commander Aircraft Corporation ....... (46) Univair Aircraft Corporation ......................... (47) Vulcanair S.p.A ........................................... (48) Zenair Ltd. ................................................... S1 interrogating pulses below the MTL. The actions specified in this AD are intended to prevent interrogating aircraft from possibly receiving inaccurate replies, due to suppression, from aircraft equipped with the GTX 33/33D/330/330D Mode S transponders when the pulses are below the minimum trigger level (MTL). Software Upgrade Versions 3.03 and 3.06 correct a TAS, TCAD, and TCAS I system ‘‘whisper-shout’’ problem that could potentially lead to the aircraft not being visible at certain ranges. TCAS II systems are not affected. The inaccurate replies could result in reduced vertical separation. Actions Compliance Procedures Install GTX 33/33D/330/330D Software Upgrade for transponders with software version 3.00, 3.01, 3.02, 3.04, 3.05 to at least version 3.06. If version 3.03 is already installed, no further action is required. This version is no longer available from Garmin. This AD does not apply to software versions past 3.05. Install the software upgrade within 180 days after February 23, 2005 (the effective date of this AD), unless already accomplished. Follow GARMIN Mandatory Software Service Bulletin No.: 0304, Rev B, dated June 12, 2003 accomplished. (Software Upgrade 3.03) or GARMIN Mandatory Software Service Bulletin No.: 0409, dated July 19, 2004 (Software Upgrade 3.06). May I Request an Alternative Method of Compliance? approved alternative methods of compliance, contact Roger A. Souter, FAA, Wichita Aircraft Certification Office (ACO), 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: 316–946–4134; facsimile: 316–946–4107; email address: roger.souter@faa.gov. Does This AD Incorporate Any Material by Reference? What Is the Unsafe Condition Presented in This AD? (d) This AD is the result of observations that the GTX 33/33D/330/330D may detect, from other airplanes, the S1 (suppression) interrogating pulse below the minimum trigger level (MTL) and, in some circumstances, not reply. The GTX 33/33D/ 330/330D should still reply even if it detects (f) You may request a different method of compliance or a different compliance time for this AD by following the procedures in 14 CFR 39.19. Unless FAA authorizes otherwise, send your request to your principal inspector. The principal inspector may add comments and will send your request to the Manager, Wichita Aircraft Certification Office (ACO), FAA. For information on any already VerDate jul<14>2003 15:11 Jan 18, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 What Must I Do To Address This Problem? (e) To address this problem, you must do the following: (g) You must do the actions required by this AD following the instructions in GARMIN Mandatory Software Service Bulletin No.: 0304, Rev B, dated June 12, 2003 (Software Upgrade 3.03) or GARMIN Mandatory Software Service Bulletin No.: 0409, dated July 19, 2004 (Software Upgrade 3.06). The Director of the Federal Register approved the incorporation by reference of E:\FR\FM\19JAR1.SGM 19JAR1 Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this service information, contact GARMIN International Inc. 1200 East 151st Street, Olathe, KS 66062; telephone: 913– 397–8200. To review copies of this service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: https:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html or call (202) 741–6030. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590–001 or on the Internet at https:// dms.dot.gov. The docket number is FAA– 2004–18743. Issued in Kansas City, Missouri, on January 7, 2005. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–832 Filed 1–18–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2004–CE–01–AD; Amendment 39–13943; AD 2005–01–18] RIN 2120–AA64 Airworthiness Directives; Raytheon Aircraft Company Beech 100, 200, and 300 Series Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: The FAA adopts a new airworthiness directive (AD) to supersede AD 93–25–07, which applies to Raytheon Aircraft Company (Raytheon) Beech 100, 200, and 300 series airplanes. AD 93–25–07 currently requires you to repetitively inspect the fuselage stringers for cracks and modify at certain times depending on the number of cracked stringers. This AD is the result of FAA’s policy (since 1996) to not allow airplane operation when known cracks exist in primary structure. The fuselage structure is considered primary structure and operation is currently allowed for a certain period of time if less than five fuselage stringers are cracked. Consequently, this AD retains the inspection and modification requirements of AD 93–25–07, but requires you to repair any cracked fuselage stringers. We are issuing this AD to detect and correct any cracked fuselage stringers in the rear pressure VerDate jul<14>2003 15:11 Jan 18, 2005 Jkt 205001 bulkhead area, which could result in structural damage to the fuselage. This damage could lead to failure of the fuselage with potential loss of control of the airplane. DATES: This AD becomes effective on March 1, 2005. As of March 1, 2005, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES: You may get the service information identified in this AD from Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201–0085; telephone: (800) 429–5372 or (316) 676– 3140. You may view the AD docket at FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2004–CE–01–AD, 901 Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. to 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Steven E. Potter, Aerospace Engineer, Wichita Aircraft Certification Office (ACO), FAA, 1801 Airport Road, Wichita, Kansas 67209; telephone: (316) 946–4124; facsimile: (316) 946–4107. SUPPLEMENTARY INFORMATION: Discussion What events have caused this AD? Reports of cracks on the fuselage stringers in the rear pressure bulkhead area on Raytheon Beech 100, 200, and 300 series airplanes caused us to issue AD 93–25–07, Amendment 39–8773. AD 93–25–07 currently requires the following on Raytheon Beech Models 200, A200, B200, A100–1, 200C, A200C, B200C, 200CT, A200CT, B200CT, 200T, B200T, 300, B300, and B300C airplanes: —Repetitive inspections of the fuselage stringers for cracks; and —Modification at certain times depending on the number of cracked stringers. What has happened since AD 93–25– 07 to initiate this action? As currently written, AD 93–25–07 allows continued flight if cracks are found in less than five fuselage stringers in the area of the rear pressure bulkhead. In 1996, FAA developed policy to not allow airplane operation when known cracks exist in primary structure, unless the ability to sustain limit and ultimate load with these cracks is proven. The fuselage stringers in the area of the rear pressure bulkhead are considered primary structure. This AD brings the actions of AD 93– 25–07 in compliance with FAA policy. Therefore, FAA has determined: —That airplane operation on the affected airplanes should not be PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 2941 allowed for more than 25 hours timein-service (TIS) if less than five fuselage stringers (Stringer Nos. 5 through 11) in the rear pressure bulkhead are cracked; and —That no operation should be allowed until modification for any airplane with five or more cracked fuselage stringers (Stringer Nos. 5 through 11) in the rear pressure bulkhead. The FAA has also identified other airplanes that should be affected by this action. What is the potential impact if FAA took no action? Cracked fuselage stringers in the rear pressure bulkhead area, if not detected and corrected, could result in structural damage to the fuselage. This damage could lead to failure of the fuselage with potential loss of control of the airplane. Has FAA taken any action to this point? We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain Raytheon Beech 100, 200, and 300 series airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on September 14, 2004 (69 FR 55369). The NPRM proposed to supersede AD 93– 25–07 with a new AD that would retain the requirement of repetitively inspecting the fuselage stringers for cracks, but would require the repair of any cracked fuselage stringers. We also proposed a grace period of 25 cycles for all airplanes with less than five cracked fuselage stringers. The repetitive inspections would no longer be required when all fuselage stringers (Nos. 5 though 11) in the rear pressure bulkhead are modified. Comments Was the public invited to comment? We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion What is FAA’s final determination on this issue? We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: —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. E:\FR\FM\19JAR1.SGM 19JAR1

Agencies

[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Rules and Regulations]
[Pages 2937-2941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-832]



[[Page 2937]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18743; Directorate Identifier 2004-CE-23-AD; 
Amendment 39-13944; AD 2005-01-19]
RIN 2120-AA64


Airworthiness Directives; GARMIN International Inc. GTX 33, GTX 
33D, GTX 330, and GTX 330D Mode S Transponders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) to 
supersede Airworthiness Directive 2004-10-15, which applies to certain 
GTX 330 and GTX 330D Mode S transponders that are installed on 
airplanes. AD 2004-10-15 currently requires you to install GTX 330/330D 
Software Upgrade Version 3.03, 3.04, or 3.05. This AD applies to 
certain GTX 33, GTX 33D, GTX 330, and GTX 330D Mode S transponders that 
are installed on airplanes and is the result of observations that the 
GTX 33/33D/330/330D may detect, from other airplanes, the S1 
(suppression) interrogating pulse below the minimum trigger level (MTL) 
and, in some circumstances, not reply. The GTX 33/33D/330/330D should 
still reply even if it detects S1 interrogating pulses below the MTL. 
Consequently, this AD would require you to install a GTX 33/33D/330/
330D Software Upgrade to at least Version 3.06. No additional action is 
necessary for those airplanes that have transponders Software Upgrade 
3.03 installed. Software Upgrade Versions 3.03 and 3.06 correct a TAS, 
TCAD, and TCAS I system ``whisper-shout'' problem that could 
potentially lead to the aircraft not being visible at certain ranges. 
TCAS II systems are not affected. We are issuing this AD to prevent 
interrogating aircraft from possibly receiving inaccurate replies due 
to suppression from aircraft equipped with the GTX 33/33D/330/330D Mode 
S transponders when the pulses are below the MTL. The inaccurate 
replies could result in reduced vertical separation.

DATES: This AD becomes effective on February 23, 2005.
    As of February 23, 2005, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: To get the service information identified in this AD, 
contact GARMIN International Inc., 1200 East 151st Street, Olathe, KS 
66062; telephone: 913-397-8200. To review this service information, go 
to the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, go to: http:/
/www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html or call (202) 741-6030.
    To view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001 or on the Internet at https://
dms.dot.gov. The docket number is FAA-2004-18743.

FOR FURTHER INFORMATION CONTACT: Roger A. Souter, FAA, Wichita Aircraft 
Certification Office (ACO), 1801 Airport Road, Room 100, Wichita, 
Kansas 67209; telephone: 316-946-4134; facsimile: 316-946-4107; e-mail 
address: roger.souter@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The GTX 330/GTX 330D may detect 
from other aircraft the S1 (suppression) interrogating pulse below the 
MTL and, in some circumstances, does not reply. The GTX 330/330D should 
still reply even if it detects S1 interrogating pulses below the MTL, 
and this caused FAA to issue AD 2004-10-15, Amendment 39-13645 (69 FR 
29212, dated May 21, 2004). AD 2004-10-15 currently requires the 
incorporation of GTX 330/330D Software Upgrade to at least Version, 
3.03, 3.04, or 3.05 on certain GTX 330 and GTX 330D Mode S transponders 
that are installed on airplanes.
    What has happened since AD 2004-10-15 to initiate this action? 
After the issuance of AD 2004-10-15, GARMIN International Inc. 
discovered that minor changes made to GTX 330/330D Software Upgrades 
3.04 and 3.05 inadvertently removed the correction to not suppress the 
S1 pulse below MTL. Garmin also discovered the Software Upgrade must be 
installed on GTX 33 and GTX 33D Mode S transponders as well as the GTX 
330 and GTX 330D Mode S transponders.
    What is the potential impact if FAA took no action? If these 
changes are not incorporated, then interrogating aircraft could 
possibly receive inaccurate replies due to suppression from aircraft 
equipped with the GTX 33/33D/330/330D Mode S transponders when the 
pulses are below the MTL. Software Upgrade Version 3.03 and 3.06 
correct a TAS, TCAD, and TCAS I system ``whisper-shout'' problem that 
could potentially lead to the aircraft not being visible at certain 
ranges. TCAS II systems are not affected. The inaccurate replies could 
result in reduced vertical separation.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to certain GTX 330 and GTX 330D Mode S 
transponders that are installed on airplanes. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on October 7, 2004 (69 FR 60100). The NPRM proposed to require 
you to install GTX 33/33D/330/330D Software Upgrade Version 3.03 or 
3.06.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue: Direct the AD Only to Those Products That Have the Old 
SW Versions 3.00, 3.01, 3.02, 3.04, and 3.05

    What is the commenter's concern? The NPRM currently requires 
installation of GTX 330/330D Software Upgrade Version 3.03 or 3.06 to 
comply with the proposed AD, or later Software Versions by way of an 
AMOC. The commenter would like to direct the AD only to those products 
that have the old software versions 3.00, 3.01, 3.02, 3.04, and 3.05 
installed; so that if the new software version 3.06 or later is 
installed the AD does not affect that product. The AD should not apply 
to future software versions.
    What is FAA's response to the concern? We concur. This was the 
intent of the NPRM, and we have reworded the AD to reflect this 
comment.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for the 
changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and

[[Page 2938]]

--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains information relating to this subject in person at 
the DMS Docket Offices between 9 a.m. and 5 p.m. (eastern standard 
time), Monday through Friday, except Federal holidays. The Docket 
Office (telephone 1-800-647-5227) is located on the plaza level of the 
Department of Transportation NASSIF Building at the street address 
stated in ADDRESSES. You may also view the AD docket on the Internet at 
https://dms.dot.gov.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the FAA's AD system. This regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes does this AD impact? We estimate that this AD 
affects 5,400 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? Garmin International Inc. will provide warranty 
only for Service Bulletin No. 0409, dated July 19, 2004 (which 
incorporates Software Upgrade 3.06) installation as specified in the 
service information. Although Software Upgrade 3.03 is still in 
compliance with this proposed AD, if previously installed, Software 
Upgrade 3.03 is no longer available through Garmin.

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
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

    Will this AD impact various entities? 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.
    Will this AD involve a significant rule or regulatory action? 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.
    We prepared a summary of the costs to comply with this AD 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. FAA-2004-18743; Directorate Identifier 2004-CE-23-AD'' in 
your request.

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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. FAA amends Sec.  39.13 by removing AD 2004-10-15, Amendment 39-13645 
and adding a new AD to read as follows:

2005-01-19 GARMIN International Inc.: Amendment 39-13944; Docket No. 
FAA-2004-18743; Directorate Identifier 2004-CE-23-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on February 23, 2005.

What Other ADs Are Affected by This Action?

    (b) This AD supersedes AD 2004-10-15, Amendment 39-13645.

What Airplanes Are Affected by This AD?

    (c) This AD affects GARMIN International Inc. GTX 33, GTX 33D, 
GTX 330, and GTX 330D Mode S transponders that include software 
versions 3.00, 3.01, 3.02, 3.04, or 3.05 that are installed on, but 
not limited to, the following airplanes, certificated in any 
category:

------------------------------------------------------------------------
         Manufacturer                            Model
------------------------------------------------------------------------
(1) Aermacchi S.p.A..........  S.205-18/F, S.205-18/R, S.205-20/R, S.205-
                                22/R, S208, S.208A, F.260, F.260B,
                                F.260C, F.260D, F.260E, F.260F, S.211A.
(2) Aeronautica Macchi S.p.A.  AL 60, AL 60-B, AL 60-F5, AL 60-C5, AM-3.
(3) Aerostar Aircraft          PA-60-600 (Aerostar 600), PA-60-601
 Corporation.                   (Aerostar 601), PA-60-601P (Aerostar
                                601P), PA-60-602P (Aerostar 602P), PA-60-
                                700P (Aerostar 700P), 360, 400.
(4) Alexandria Aircraft, LLC.  14-19, 14-19-2, 14-19-3, 14-19-3A, 17-30,
                                17-31, 17-31TC, 17-30A, 17-31A, 17-31ATC
(5) Alliance Aircraft Group    15A, 20, H-250, H-295 (USAFU-10D), HT-
 LLC.                           295, H391 (USAFYL-24), H391B, H-395
                                (USAFL-28A or U-10B), H-395A, H-700, H-
                                800, HST-550, HST-550A (USAF AU-24A),
                                500.
(6) American Champion          402, 7GCA, 7GCB, 7KC, 7GCBA, 7GCAA,
 Aircraft Corp.                 7GCBC, 7KCAB, 8KCAB, 8GCBC.
(7) Sky International Inc....  A-1, A-1A, A-1B, S-1S, S-1T, S-2, S-2A, S-
                                2S, S-2C.
(8) B-N Group Ltd............  BN-2, BN-2A, BN-2A-2, BN-2A-3, BN-2A-6,
                                BN-2A-8, BN-2A-8, BN-2A-20, BN-2A-21, BN-
                                2A-26, BN-2A-27, BN-2B-20, BN-2B-21, BN-
                                2A-26, BN-2A-27, BN-2B-20, BN-2B-21, BN-
                                2B-26, BN-2B-27, BN-2T, BN-2T-4R, BN-2A
                                MK.III, BN2A MK. III-2, BN2A MK. 111-3.
(9) Bellanca.................  14-13, 14-13-2, 14-13-3, 14-13-3W.

[[Page 2939]]

 
(10) Bombardier Inc..........  (Otter) DHC-3, DHC-6-1, DHC-6-100, DHC-6-
                                200, DHC-6-300.
(11) Cessna Aircraft Company.  170, 170A, 170B, 172, 172A, 172B, 172C,
                                172D, 172E, 172F (USAF T-41A), 172G,
                                172H (USAF T041A), 172I, 172K, 172L,
                                172M, 172N, 172P, 172Q, 172R, 172S,
                                172RG, P172D, R172E (USAF T-41 B) (USAF
                                T-41 C AND D), R172F (USAF T-41 D),
                                R175G, R172H (USAF T-41 D), R172J,
                                R172K, 175, 175A, 175B, 175C, 177, 177A,
                                177B, 177RG, 180, 180A, 180B, 180C,
                                180D, 180E, 180F, 180G, 180H, 180J,
                                180K, 182, 182A, 182B, 182C, 182D, 182E,
                                182F, 182G, 182H, 182J, 182K, 182L,
                                182M, 182N, 182P, 182Q, 182R, 182S,
                                182T, R182, T182, TR182, T182T, 185,
                                185A, 185B, 185C, 185D, 185E, A185E,
                                A185F, 190, (LC-126A, B, C) 195, 195A,
                                195B, 210, 210A, 210B, 210C, 210D, 210E,
                                210F, T210F, 210G, T210G, 210H, T210H,
                                210J, T210J, 210K, T210K, 210L, T210L,
                                210M, T210M, 210N, P210N, T210N, 210R,
                                P210R, T210R, 210-5 (205), 210-5A
                                (205A), 206, P206, P206A, P206B, P206C,
                                P206D, P206E, TP206A, TP206B, TP206C,
                                TU206D, TU206E, TU206F, TU206G, 206H,
                                T206H, 207, 207A, T207, T207A, 208,
                                208A, 208B, 310, 310A (USAF U-3A), 310B,
                                310C, 310D, 310E (USAF U-3B), 310F,
                                310G, 310H, E310H, 310I, 310J, 310J-1,
                                E310J, 310K, 310L, 310N, 310P, T310P,
                                310Q, T310Q, 310R, T310R, 320, 320A,
                                320B, 320C, 320D, 320E, 320F, 320-1,
                                335, 340, 340A, 336, 337, 337A (USAF
                                02B), 337B, T337B, 337C, 337E, T337E,
                                T337C, 337D, T337D, M337B (USAF 02A),
                                337F, T337F, T337G, 337G, 337H, P337H,
                                T337H, T337H-SP, 401, 401A, 401B, 402,
                                402A, 402B, 402C, 411, 411A, 414, 414A,
                                421, 421A, 421B, 421C, 425, 404, 406,
                                441.
(12) Cirrus Design             SR20, SR22.
 Corporation.
(13) Commander Aircraft        112, 112TC, 112B, 112TCA, 114, 114A,
 Company.                       114B, 114TC.
(14) de Havilland Inc........  DHC-2 Mk. I, DHC-2 Mk. II, DHC-2 Mk. III.
(15) Dynac Aerospace           (Volaire) 10, (Volaire) 10A, (Aero
 Corporation.                   Commander) 100, (Aero Commander) 100A,
                                (Aero Commander) 100-180.
(16) Diamond Aircraft          DA 20-A1, DA20-C1, DA 40.
 Industries.
(17) Empressa Brasileira de    EMB-110P1, EMB-110P2.
 Aeronautica S.A. EMBRAER.
(18) Extra Flugzeugbau Gmbh..  EA300, EA300L, EA300S, EA300/200, EA-400.
(19) Fairchild Aircraft        SA26-T, SA26-AT, SA226-T, SA226-AT, SA226-
 Corporation.                   T(B), SA227-AT, SA227-TT, SA226-TC,
                                SA227-AC (C-26A), SA227-CC, SA227-DC (C-
                                26B).
(20) Global Amphibians, LLC..  Colonial C-1, Colonial C-2, Lake LA-4,
                                Lake LA-4A, Lake LA-4P, Lake LA-4-200,
                                Lake Model 250.
(21) Grob-Werke..............  G115, G115A, G115B, G115C, G115C2, G115D,
                                G115D2, G115EG, G120A.
(22) Lancair Company.........  LC40-550FG.
(23) LanShe Aerospace, LLC...  MAC-125C, MAC-145, MAC-145A, MAC-145B.
(24) Learjet Inc.............  23.
(25) Lockheed Aircraft         18.
 Corporation.
(26) Luscombe Aircraft         11A, 11E.
 Corporation.
(27) Maule Aerospace           Bee Dee M-4, M-4, M-4C, M-4S, M-4T, M-
 Technology, Inc.               4180C, M-4-180S, M-4-180T, M-4-210, M-4-
                                210C, M-4-210S, M-4-210T, M-4-220, M-4-
                                220S, M-4-220T, M-5-180C, M-5-200, M-5-
                                210C, M-5-210TC, M-5-220C, M-5-235C, M-6-
                                180, M-6-235, M-7-235, MX-7-235, MX-7-
                                180, MX-7-420, MXT-7-180, MT-7-235, M-8-
                                235, MX-7-160, MXT-7-160, MX-7-180A, MXT-
                                7-180A, MX-7-180B, M-7-235B, M-7-235A, M-
                                7-235C, MX-7-180C, M-7-260, MT-7-260, M-
                                7-260C, M-7-420AC, MX-7-160C, MX-7-
                                180AC, M-7-420A, MT-7-420.
(28) Mitsubishi Heavy          MU-2B-25, MU-2B-35, MU-2B-26, MU-2B-36,
 Industries, Ltd.               MU-2B-26A, MU-2B-36A, MU-2B-40, MU-2B-
                                60, MU-2B, MU-2B-20, MU-2B-15.
(29) Mooney Airplane Company,  M20, M20A, M20B, M20C, M20D, M20E, M20F,
 Inc.                           M20G, M20J, M20K, M20L, M20M, M20R,
                                M20S, M22.
(30) Moravan a.s.............  Z-242L, Z-143L.
(31) Navion Aircraft Company,  NAVION, Navion (L-17A), Navion (L17B),
 Ltd.                           Navion (L-17C), Navion B, Navion D,
                                Navion E, Navion F, Navion G, Navion H.
(32) New Piper Aircraft, Inc.  PA-12, PA-12S, PA-18, PA-18S, PA-18
                                ``105'' (Special), PA-18S ``105''
                                (Special), PA-18A, PA-18 ``125'' (Army L-
                                21A), PA-18S ``125,'' PA-18AS ``125,''
                                PA-18 ``135'' (Army L-21B), PA-18A
                                ``135,'' PA-18S ``135,'' PA-18 ``150,''
                                PA-18A ``150,'' PA-18S ``150,'' PA-18AS
                                ``150,'' PA-19 (Army L-18B), PA-19S, PA-
                                20, PA-20S, PA-20 ``115,'' PA-20S
                                ``115,'' PA-20 ``135,'' PA-20S ``135,''
                                PA-22, PA-22-108, PA-22-135, PA-22S-135,
                                PA-22-150, PA-22S-150, PA-22-160, PA-22S-
                                160, PA-23, PA-23-160, PA-23-235, PA-23-
                                250, PA-E23-250, PA-24, PA-24-250, PA-24-
                                260, PA-24-400, PA-28-140, PA-28-150, PA-
                                28-151, PA-28-160, PA-28-161, PA-28-180,
                                PA-28-235, PA-28S-160, PA-28R-180, PA-
                                28S-180, PA-28-181, PA-28R-200, PA-28R-
                                201, PA-28R-201T, PA-28RT-201, PA-28RT-
                                201T, PA-28-201T, PA-28-236, PA-30, PA-
                                39, PA-40, PA-31P, PA-31T, PA-31T1, PA-
                                31T2, PA-31T3, PA-31P-350, PA-32-260, PA-
                                32-300, PA-32S-300, PA-32R-300, PA-32RT-
                                300, PA-32RT-300T, PA-32R-301 (SP), PA-
                                32R-301 (HP), PA-32R-301T, PA-32-301, PA-
                                32-301T, PA-34-200, PA-34-200T, PA-34-
                                220T, PA-42, PA-42-720, PA-42-1000, PA-
                                42-720R, PA-44-180, PA-44-180T, PA-46-
                                310P, PA-46-350P, PA-46-500TP.
(33) Ostmecklenburgische       OMF-100-160.
 Flugzeugbau GmgH.
(34) Piaggio Aero Industries   P-180.
 S.p.A.
(35) Pilatus Aircraft Ltd....  PILATUS PC-12, PILATUS PC-12/45, PC-6, PC-
                                6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-
                                6/350-H2, PC-6/A, PC-6/A-H1, PA-6/A-H2,
                                PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/
                                B2-H4, PC-6/C-H2, PC-6/C1-H2, PC-7.
(36) Prop-Jets, Inc..........  200, 200A, 200B, 200C, 200D, 400.

[[Page 2940]]

 
(37) Panstwowe Zakladv         PZL-104 WILGA 80, PZL-104M WILGA 2000,
 Lotnicze (PZL).                PZL-WARSZAWA, PZL-KOLIBER 150A, PZL-
                                KOLIBER 160A.
(38) PZL WSK/Mielec Obrsk....  PZL M20 03, PZL M26 01.
(39) Raytheon................  35-33, 35-A33, 35-B33, 35-C33, 35-C33A,
                                E33, E33A, E33C, F33, F33A, F33C, G33,
                                H35, J35, K35, M35, N35, P35, S35, V35,
                                V35A, V35B, 36, A36, A36TC, B36TC, 35,
                                A35, B35, C35, D35, E35, F35, G35, 35R,
                                F90, 76, 200, 200C, 200CT, 200T, A200,
                                B200, B200C, B200CT, B200T, 300, 300LW,
                                B300, B300C, 1900, 1900C, 1900D, A100-1
                                (U-21J), A200 (C-12A), A200 (C-12C),
                                A200C (UC-12B), A200CT (C-12D), A200CT
                                (FWC-12D), A200CT (RC-12D), A200CT (C-
                                12F), A200CT (RC-12G), A200CT (RC-12H),
                                A200CT (RC-12K), A200CT (RC-12P), A200CT
                                (RC-12Q), B200C (C-12F), B200C (UC-12F),
                                B200C (UC-12M), B200C (C-12R), 1900C (C-
                                12J), 65, A65, A65-8200, 65-80, 65-A80,
                                65-A80-8800, 65-B80, 65-88, 65-A90, 70,
                                B90, C90, C90A, E90, H90, 65-A90-1, 65-
                                A90-2, 65-A90-3, 65-A90-4, 95, B95,
                                B95A, D95A, E95, 95-55, 95-A55, 95-B55,
                                95-B55A, 95-B55B (T-42A), 95-C55, 95-
                                C55A, D55, D55A, E55, E55A, 56TC, A56TC,
                                58, 58A, 58P, 58PA, 58TC, 58TCA, 99,
                                99A, 99A (FACH), A99, A99A, B99, C99,
                                100, A100 (U-21F), A100A, A100C, B100,
                                2000, 3000, 390, 19A, B19, M19A, 23,
                                A23, A23A, A23-19, A23-24, B23, C23,
                                A24, A24R, B24R, C24R, 60, A60, B60,
                                18D, A18A, A18D, S18D, SA18A, SA18D, 3N,
                                3NM, 3TM, JRB-6, D18C, D18S, E18S, RC-
                                45J (SNB-5P), E18S-9700, G18S, H18, C-
                                45G, TC-45G, C-45H, TC-45H, TC-45J, UC-
                                45J (SNB-5), 50 (L-23A), B50 (L-23B),
                                C50, D50 (L-23E), D50A, D50B, D50C, D50E-
                                5990, E50 (L-23D, RL-23D), F50, G50,
                                H50, J50, 45 (YT-34), A45 (T-34A or B-
                                45), D45 (T-34B).
(40) Rockwell International    BC-1A, AT-6 (SNJ-2), AT-6A (SNJ-3), AT-
 Corporation.                   6B, AT-6C (SNJ-4), AT-6D (SNJ-5), AT-6F
                                (SNF-6), SNJ-7, T-6G, NOMAD NA-260.
(41) Short Brothers & Harland  SC-7 Series 2, SC-7 Series 3.
 Ltd.
(42) Slingsby Aviation Ltd...  T67M260, T67M260-T3A.
(43) SOCATA--Group             TB9, TB10, TB20, TB21, TB200, TBM 700,
 Aerospatiale.                  M.S. 760, M.S. 760 A, M.S. 760 B, Rallye
                                100S, Rallye 150ST, Rallye 150T, Rallye
                                235E, Rallye 235C, MS 880B, MS 885, MS
                                894A, MS 893A, MS 892A-150, MS 892E-150,
                                MS 893E, MS 894E, GA-7.
(44) Tiger Aircraft LLC......  AA-1, AA-1A, AA-1B, AA-1C, AA-5, AA-5A,
                                AA-5B, AG-5B.
(45) Twin Commander Aircraft   500, 500-A, 500-B, 500-U, 500-S, 520,
 Corporation.                   560, 560-A, 560-E, 560F, 680, 680E,
                                680F, 680FL, 680FL(P), 680T, 680V, 680W,
                                681, 685, 690, 690A, 690B, 690C, 690D,
                                695, 695A, 695B, 720, 700.
(46) Univair Aircraft          108, 108-1, 108-2, 108-3, 108-5.
 Corporation.
(47) Vulcanair S.p.A.........  P68, P68B, P68C, P68C-TC, P68
                                ``Observer,'' P68 ``Observer 2,'' P68TC
                                ``Observer,'' AP68TP300 ``Spartacus,''
                                AP68TP 600 ``Viator''.
(48) Zenair Ltd..............  CH2000.
------------------------------------------------------------------------

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of observations that the GTX 33/33D/
330/330D may detect, from other airplanes, the S1 (suppression) 
interrogating pulse below the minimum trigger level (MTL) and, in 
some circumstances, not reply. The GTX 33/33D/330/330D should still 
reply even if it detects S1 interrogating pulses below the MTL. The 
actions specified in this AD are intended to prevent interrogating 
aircraft from possibly receiving inaccurate replies, due to 
suppression, from aircraft equipped with the GTX 33/33D/330/330D 
Mode S transponders when the pulses are below the minimum trigger 
level (MTL). Software Upgrade Versions 3.03 and 3.06 correct a TAS, 
TCAD, and TCAS I system ``whisper-shout'' problem that could 
potentially lead to the aircraft not being visible at certain 
ranges. TCAS II systems are not affected. The inaccurate replies 
could result in reduced vertical separation.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
Install GTX 33/33D/330/330D       Install the         Follow GARMIN
 Software Upgrade for              software upgrade    Mandatory
 transponders with software        within 180 days     Software Service
 version 3.00, 3.01, 3.02, 3.04,   after February      Bulletin No.:
 3.05 to at least version 3.06.    23, 2005 (the       0304, Rev B,
 If version 3.03 is already        effective date of   dated June 12,
 installed, no further action is   this AD), unless    2003
 required. This version is no      already             accomplished.
 longer available from Garmin.     accomplished.       (Software Upgrade
 This AD does not apply to                             3.03) or GARMIN
 software versions past 3.05.                          Mandatory
                                                       Software Service
                                                       Bulletin No.:
                                                       0409, dated July
                                                       19, 2004
                                                       (Software Upgrade
                                                       3.06).
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Wichita Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance, contact Roger A. Souter, 
FAA, Wichita Aircraft Certification Office (ACO), 1801 Airport Road, 
Room 100, Wichita, Kansas 67209; telephone: 316-946-4134; facsimile: 
316-946-4107; email address: roger.souter@faa.gov.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in GARMIN Mandatory Software Service Bulletin No.: 
0304, Rev B, dated June 12, 2003 (Software Upgrade 3.03) or GARMIN 
Mandatory Software Service Bulletin No.: 0409, dated July 19, 2004 
(Software Upgrade 3.06). The Director of the Federal Register 
approved the incorporation by reference of

[[Page 2941]]

this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. To get a copy of this service information, contact GARMIN 
International Inc. 1200 East 151st Street, Olathe, KS 66062; 
telephone: 913-397-8200. To review copies of this service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, go to: https://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html or call (202) 741-6030. To 
view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif 
Building, Room PL-401, Washington, DC 20590-001 or on the Internet 
at https://dms.dot.gov. The docket number is FAA-2004-18743.

    Issued in Kansas City, Missouri, on January 7, 2005.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-832 Filed 1-18-05; 8:45 am]
BILLING CODE 4910-13-P
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