Airworthiness Directives; Avidyne Corporation Primary Flight Displays (Part Numbers 700-00006-000, -001, -002, -003, and -100), 8856-8860 [E9-4102]

Download as PDF 8856 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations required by this AD, unless the AD specifies otherwise. TABLE 3—ALL MATERIAL INCORPORATED BY REFERENCE Service information Revision AvCraft Service Bulletin SB–328J–00–197, including Price Information Sheet ............................. AvCraft Service Bulletin SB–328J–00–198, including Price Information Sheet ............................. AvCraft Temporary Revision ALD–028 to the AvCraft 328JET Airworthiness Limitations Document. Section G of the AvCraft Dornier 328JET ALD TM–ALD–010599–ALL ......................................... Original ...................... Original ...................... Original ...................... August 23, 2004. August 23, 2004. October 15, 2003. 2 ................................ January 31, 2005. Revision 2, dated January 31, 2005, of AvCraft Dornier 328JET ALD TM–ALD– Date 010599–ALL contains the following effective pages: Page number(s) Page title/description Revision number Date shown on page(s) List of Effective Pages ALD Title Page ......................................................................................................... ALD List of Effective Pages ..................................................................................... None shown 1–2 ............... 2 2 January 31, 2005. January 31, 2005. 2 January 31, 2005. Section G, Fuel Tank System Limitations 1–3, G–4 ...... (1) The Director of the Federal Register approved the incorporation by reference of Section G, ‘‘Fuel Tank System Limitations,’’ of the AvCraft Dornier 328JET ALD TM– ALD–010599–ALL, Revision 2, dated January 31, 2005, under 5 U.S.C. 552(a) and 1 CFR part 51. (2) On September 6, 2005 (70 FR 44046, August 1, 2005), the Director of the Federal Register approved the incorporation by reference of the service information identified in Table 4 of this AD. TABLE 4—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE Service information Date dwashington3 on PROD1PC60 with RULES AvCraft Service Bulletin SB–328J–00–197, including Price Information Sheet .................................................................... AvCraft Service Bulletin SB–328J–00–198, including Price Information Sheet .................................................................... AvCraft Temporary Revision ALD–028 to the AvCraft 328JET Airworthiness Limitations Document ................................. (3) For service information identified in this AD, contact 328 Support Services GmbH, Global Support Center, P.O. Box 1252, D– 82231 Wessling, Federal Republic of Germany; telephone +49 8153 88111 6666; fax +49 8153 88111 6565; e-mail gsc.op@328support.de; Internet https:// www.328support.de. (4) You may review copies of the service information that is incorporated by reference at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. (5) You may also review copies of the service information at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. VerDate Nov<24>2008 16:32 Feb 26, 2009 Jkt 217001 Issued in Renton, Washington, on December 18, 2008. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–3871 Filed 2–26–09; 8:45 am] BILLING CODE 4910–13–P PO 00000 August 23, 2004. August 23, 2004. October 15, 2003. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–1210; Directorate Identifier 2008–CE–047–AD; Amendment 39–15829; AD 2009–05–05] RIN 2120–AA64 Airworthiness Directives; Avidyne Corporation Primary Flight Displays (Part Numbers 700–00006–000, –001, –002, –003, and –100) AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive (AD) to supersede AD 2008–06–28 R1, which applies to certain Avidyne Corporation (Avidyne) Primary Flight Displays Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations (PFDs) (part numbers (P/Ns) 700– 00006–000, –001, –002, –003, and –100) that are installed on airplanes. AD 2008–06–28 R1 currently requires you to do a check of the maintenance records and inspection of the PFD (if necessary) to determine if an affected serial number PFD is installed and incorporate (if necessary) operational limitations. Since we issued AD 2008– 06–28 R1, Avidyne developed a factory modification that will correct the problems on these Avidyne PFDs and also factory modified certain serial number PFDs. To terminate the operational limitations of AD 2008–06– 28 R1, this AD adds actions to assure any affected serial number PFD complies with one of the following: Passes the air data system performance verification test, receives the factory modification, or is replaced with a PFD that has complied with one of the previous two conditions or is not one of the affected serial number PFDs. Consequently, this AD will retain the actions from the previous AD until the added terminating action has been complied with. We are issuing this AD to prevent certain conditions from existing when PFDs display incorrect attitude, altitude, and airspeed information. This could result in airspeed/altitude mismanagement or spatial disorientation of the pilot with consequent loss of airplane control, inadequate traffic separation, or controlled flight into terrain. DATES: This AD becomes effective on April 3, 2009. On April 3, 2009, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: For service information identified in this AD, contact Avidyne Corporation, 55 Old Bedford Road, Lincoln, MA 01773; telephone: (781) 402–7400; fax: (781) 402–7599; E-mail: techsupport@avidyne.com; Internet: https://www.avidyne.com/. To view the AD docket, go to U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at https:// www.regulations.gov. The docket number is FAA–2008–1210; Directorate Identifier 2008–CE–047–AD. FOR FURTHER INFORMATION CONTACT: Solomon Hecht, Aerospace Engineer, ANE–150, Boston Aircraft Certification Office, 12 New England Executive Park, Burlington, Massachusetts 01803, telephone: (781) 238–7159, fax: (781) 238–7170. SUPPLEMENTARY INFORMATION: Discussion On November 7, 2008, 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 Avidyne PFDs P/Ns 700–00006– 000, –001, –002, –003, and –100 that are installed on airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on November 14, 2008 (73 FR 67429). The NPRM proposed to retain the actions from AD 2008–06–28 R1 until the affected PFD is factory serviced; add the actions of a label or marking check, an air data system performance verification test, and (if necessary) replacement of the PFD and factory servicing of the failed PFD; and reduce the serial number applicability from that of AD 2008–06–28 R1. Comments We provided the public the opportunity to participate in developing this AD. The following presents the comment received on the proposal and FAA’s response to the comment: Comment Issue: Affected Units Identified in Service Information Mr. Frederic Barber, Avidyne Corporation, comments that Avidyne has updated their service information and issued Revision 2. He notes the test and repair requirements remain unchanged, but the list of serial numbers has been updated to remove those PFDs known to have been serviced since Revision 1 was published. Mr. Barber recommends that 8857 the proposed AD be modified to reference Revision 2. We do not agree that the proposed AD be modified to reference Revision 2 of the service information. Some units may have already had the modification done per Revision 1 and these serial numbers may be reflected in the Revision 2 of the service information. Paragraph 35.c. of FAA AD Manual, FAA–IR–M–8040.1B (FAA–AIR–M–8040.1), dated May 28, 2008, reads: The fact that an AD has been complied with by all owners/operators does not make the AD (the change in type design) unnecessary. Therefore, an AD must never be removed based on the representation of a manufacturer that all affected aircraft are in compliance with the AD, or the information that there are no affected aircraft left on the U.S. registry. With this in mind, we have determined that we also should not base the applicability on the manufacturer’s assurance that certain units have since been modified, but rather should base the applicability on those units that originally needed the modification. The ‘‘unless already done’’ phrase in the AD would give AD credit to those that have already incorporated the modification. We are not changing the final AD rule action as a result of this comment. Conclusion 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. Costs of Compliance We estimate that this AD affects 384 airplanes in the U.S. registry. We estimate the following costs to do the serial number determination: Parts cost Total cost per airplane Total cost on U.S. operators 1 work-hour × $80 per hour = $80 ............................................................ dwashington3 on PROD1PC60 with RULES Labor cost Not applicable .................................. $80 $30,720 We estimate the following costs to do any necessary test and replacement that VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 would be required based on the results of the proposed test. We have no way PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 of determining the number of airplanes that may need this test and replacement: E:\FR\FM\27FER1.SGM 27FER1 8858 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations Labor cost Parts cost Total cost per airplane 4 work-hours × $80 per hour = $320 ........................................................................... Not applicable ........................................... $320 Adoption of the Amendment 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 dwashington3 on PROD1PC60 with RULES Authority for This Rulemaking Effective Date (a) This AD becomes effective on April 3, 2009. 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. 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. FAA–2008–1210; Directorate Identifier 2008–CE–047– AD’’ in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2008–06–28 R1, Amendment 39–15468 (73 FR 19963, April 14, 2008), and adding the following new AD: ■ 2009–05–05 Avidyne Corporation: Amendment 39–15829; Docket No. FAA–2008–1210; Directorate Identifier 2008–CE–047–AD. Affected ADs (b) This AD supersedes AD 2008–06–28 R1, Amendment 39–15440. Applicability (c) This AD applies to Avidyne Corporation (Avidyne) Primary Flight Displays (PFDs), part numbers (P/Ns) 700– 00006–000, 700–00006–001, 700–00006–002, 700–00006–003, and 700–00006–100 with any serial number listed in Avidyne Service Bulletin No. 601–00006–096, Revision 1, dated July 14, 2008. Paragraph (d) of this AD gives procedures to determine if an affected serial number is installed on your airplane. This AD applies to affected serial number PFDs that are installed on, but not limited to the airplanes below that are certificated in any category. (1) Adam Aircraft Model A500; (2) Cessna Aircraft Company Model 441 (STEC Alliant Supplemental Type Certificate (STC) No. SA09547AC–D incorporated); (3) Cessna Aircraft Company Models LC42–550FG and LC41–550FG (Columbia Aircraft Manufacturing and The Lancair Company previously held the type certificate for these airplanes); (4) Cirrus Design Corporation Models SR20 and SR22; (5) Diamond Aircraft Industries GmbH Model DA 40; (6) Hawker Beechcraft Corporation Model E90 (STEC Alliant STC No. SA09545AC–D incorporated); (7) Hawker Beechcraft Corporation Model 200 series (STEC Alliant STC No. SA09543AC–D incorporated); and PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 (8) Piper Aircraft, Inc. Models PA–28–161, PA–28–181, PA–28R–201, PA–32R–301 (HP), PA–32R–301T, PA–32–301FT, PA–32– 301XTC, PA–34–220T, PA–44–180, PA–46– 350P, PA–46R–350T, and PA–46–500TP. (d) If you have one of the affected part number PFDs installed on your airplane, you must positively show that it is not one of the affected serial numbers or comply with paragraph (f), all subparagraphs, as applicable in this AD. Under 14 CFR 43.7, the owner/operator holding at least a private pilot certificate is allowed to do the check in paragraph (d)(1) of this AD. All other actions must be done by a certificated mechanic, unless noted differently. (1) Do a logbook check of aircraft records (previously referred to in AD 2008–06–28 R1 as ‘‘maintenance records’’) to determine if any PFD (P/Ns 700–00006–000, 700–00006– 001, 700–00006–002, 700–00006–003, or 700–00006–100) with any affected serial number listed in Avidyne Service Bulletin No. 601–00006–096, Revision 1, dated July 14, 2008, is installed. (i) If, as a result of the logbook check, you positively identify that the PFD installed does not have a serial number affected by this AD, then only paragraph (f)(5) of this AD applies to you. (ii) If, as a result of the logbook check, you cannot positively identify the serial number of the PFD, do the visual inspection required in paragraph (d)(2) of this AD. (iii) If, as a result of the logbook check, you find any PFD installed with an affected serial number, do the actions required by paragraph (f) of this AD, including all subparagraphs as applicable. (2) If, as a result of the above logbook check, you cannot positively identify the serial number of the PFD, visually inspect any PFD (P/Ns 700–00006–000, 700–00006– 001, 700–00006–002, 700–00006–003, or 700–00006–100) for any affected serial number listed in Avidyne Service Bulletin No. 601–00006–096, Revision 1, dated July 14, 2008. (i) If, as a result of this visual inspection, you positively identify that the PFD installed does not have a serial number affected by this AD, then only paragraph (f)(5) of this AD applies to you. (ii) If, as a result of this visual inspection, you identify that the PDF installed does have a serial number affected by this AD, do the actions required in paragraph (f) of this AD, including all subparagraphs as applicable. Unsafe Condition (e) This AD results from several field reports of Avidyne PFDs displaying incorrect altitude and airspeed information and Avidyne preparing a factory modification that will correct the possible incorrect altitude and airspeed information displayed. We are issuing this AD to prevent certain conditions from existing when PFDs display incorrect attitude, altitude, and airspeed information. This could result in airspeed/ E:\FR\FM\27FER1.SGM 27FER1 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations altitude mismanagement or spatial disorientation of the pilot with consequent loss of airplane control, inadequate traffic separation, or controlled flight into terrain. 8859 Compliance (f) To address this problem, you must do the following, unless already done: dwashington3 on PROD1PC60 with RULES Actions Compliance Procedures (1) Incorporate the operational limitations below by doing whichever of the following applies: (i) For airplanes with an airplane flight manual (AFM), pilot’s operating handbook (POH), or airplane flight manual supplement (AFMS), incorporate the language in the Appendix of this AD into the Limitations section of the AFM, POH, or AFMS. (ii) For airplanes without an AFM, POH, or AFMS, do the following: (A) Incorporate the language in the Appendix of this AD into your aircraft maintenance records; and (B) Fabricate a placard (using at least 1⁄8inch letters) with the following words and install the placard on the instrument panel within the pilot’s clear view: ‘‘THIS AD AND SUPERSEDED AD 2008–06– 28 R1 CONTAIN LIMITATIONS REGARDING AVIDYNE PRIMARY FLIGHT DISPLAYS (PFD) AND REQUIRED INCORPORATION OF THESE LIMITATIONS INTO THE AIRCRAFT RECORDS. YOU MUST FOLLOW THESE LIMITATIONS.’’ (2) Inspect for a label marked ‘‘Deviation 08– 19A’’ on the exterior of the PFD near the TSO label or a ‘‘MOD 52’’ marking. (i) If the label marked ‘‘Deviation 08–19A’’ or ‘‘MOD 52’’ marking is present, then the PFD has received the factory modification. Remove the limitations required by paragraph (f)(1) of this AD and AD 2008–06–28 R1. Except for the actions of paragraph (f)(5) of this AD, no further action is required by this AD. (ii) If the label or marking is not present, do the PFD air data system performance verification test in Section 3.3 of the referenced service bulletin. (3) If the PFD passes the test required in paragraph (f)(2)(ii) of this AD, remove the limitations required by paragraph (f)(1) of this AD and AD 2008–06–28 R1. Except for the actions of paragraph (f)(5) of this AD, no further action is required by this AD. (4) If the PFD does not pass the test required in paragraph (f)(2)(ii) of this AD, do the following: (i) Remove the PFD, install a PFD that has passed the air data system performance verification test, has been factory modified (PFD bears a label marked ‘‘Deviation 08–19A’’ on the exterior of the PFD near the TSO label or a ‘‘MOD 52’’ marking), or is not one of the affected serial number PFDs; (ii) Remove the limitations required by paragraph (f)(1) of this AD and AD 2008–06–28 R1; and (iii) Except for the actions of paragraph (f)(5) of this AD, no further action is required by this AD. Prior to further flight after April 3, 2009 (the effective date of this AD). Under 14 CFR 43.7, the owner/operator holding at least a private pilot certificate is allowed to insert the information into the AFM, POH, AFMS, or maintenance records as required in paragraph (f)(1)(i) or (f)(1)(ii)(A) of this AD and fabricate the placard required in paragraph (f)(1)(ii)(B) of this AD. Make an entry into the aircraft records showing compliance with these portions of the AD in accordance with 14 CFR 43.9. Within the next 15 days after April 3, 2009 (the effective date of this AD). Follow Avidyne Service Bulletin No. 601– 00006–096, Revision 1, dated July 14, 2008. Within the next 15 days after April 3, 2009 (the effective date of this AD). Follow Avidyne Service Bulletin No. 601– 00006–096, Revision 1, dated July 14, 2008. Within the next 15 days after April 3, 2009 (the effective date of this AD). Follow Avidyne Service Bulletin No. 601– 00006–096, Revision 1, dated July 14, 2008. VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1 8860 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations Actions Compliance (5) Do not install any PFD (P/Ns 700–00006– 000, 700–00006–001, 700–00006–002, 700– 00006–003, or 700–00006–100) with any affected serial number listed in Avidyne Service Bulletin No. 601–00006–096, Revision 1, dated July 14, 2008, unless it has passed the air data system performance verification test or has been factory modified (PFD bears a label marked ‘‘Deviation 08–19A’’ on the exterior of the PFD near the TSO label or a ‘‘MOD 52’’ marking). As of April 3, 2009 (the effective date of this AD). Alternative Methods of Compliance (AMOCs) (g) The Manager, Boston Aircraft 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: Solomon Hecht, Aerospace Engineer, ANE–150, Boston Aircraft Certification Office, 12 New England Executive Park, Burlington, Massachusetts 01803, telephone: (781) 238–7159, fax: (781) 238–7170. 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. (h) AMOCs approved for AD 2008–06–28 R1 are approved for this AD. dwashington3 on PROD1PC60 with RULES Material Incorporated by Reference (i) You must use Avidyne Service Bulletin No. 601–00006–096, Revision 1, dated July 14, 2008, 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 Avidyne Corporation, 55 Old Bedford Road, Lincoln, MA 01773; telephone: (781) 402–7400; fax: (781) 402– 7599; E-mail: techsupport@avidyne.com; Internet: https://www.avidyne.com/. (3) You may review copies of the service information incorporated by reference for this AD at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the Central Region, call (816) 329–3768. (4) You may also review copies of the service information incorporated by reference for this AD at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. Appendix to Airworthiness Directive 2009– 05–05 Limitations Regarding Avidyne Primary Flight Displays (PFDs) Before conducting flight operations, pilots must review and be familiar with the Crosscheck Monitor section of the Avidyne Primary Flight Display Pilot’s Guide and all limitations contained in the aircraft operating handbook. VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 Procedures As a normal practice, all pilots should be vigilant in conducting proper preflight and in-flight checks of instrument accuracy, including: • Preflight check of the accuracy of both the primary and backup altimeter against known airfield elevation and against each other. • Verification of airspeed indications consistent with prevailing conditions at startup, during taxi, and prior to takeoff. • ‘‘Airspeed alive’’ check and reasonable indications during takeoff roll. • Maintenance of current altimeter setting in both primary and backup altimeters. • Cross-check of primary and backup altimeters at each change of altimeter setting and prior to entering instrument meteorological conditions (IMC). • Cross-check of primary and backup altimeters and validation against other available data, such as glideslope intercept altitude, prior to conducting any instrument approach. • Periodic cross-checks of primary and backup airspeed indicators, preferably in combination with altimeter cross-checks. For flight operations under instrument flight rules (IFR) or in conditions in which visual reference to the horizon cannot be reliably maintained (that is IMC, night operations, flight operations over water, in haze or smoke) and the pilot has reasons to suspect that any source (PFD or back-up instruments) of attitude, airspeed, or altitude is not functioning properly, flight under IFR or in these conditions must not be initiated (when condition is determined on the ground) and further flight under IFR or in these conditions is prohibited until equipment is serviced and functioning properly. Operation of aircraft not equipped with operating backup (or standby) attitude, altimeter, and airspeed indicators that are located where they are readily visible to the pilot is prohibited. Pilots must frequently scan and crosscheck flight instruments to make sure the information depicted on the PFD correlates and agrees with the information depicted on the backup instruments. Issued in Kansas City, Missouri, on February 19, 2009. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–4102 Filed 2–26–09; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Not applicable. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0159; Directorate Identifier 2008–NM–175–AD; Amendment 39–15828; AD 2009–05–04] RIN 2120–AA64 Airworthiness Directives; Bombardier Model CL–215–6B11 (CL–215T Variant) and CL–215–6B11 (CL–415 Variant) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model CL–215–6B11 (CL– 215T variant) and CL–215–6B11 (CL– 415 variant) airplanes. This AD requires repetitive inspections for contamination of grease, bearing wear checks, grease applications of the rudder lower torque tube upper bearing, and a rudder upper hinge gap check; and related investigative and corrective actions if necessary. This AD results from a report of corrosion on the rudder lower torque tube upper bearing. We are issuing this AD to detect and correct corroded bearings which could lead to hinge deformation, and could result in a rudder jam and consequent reduced controllability of the airplane. DATES: This AD becomes effective March 16, 2009. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of March 16, 2009. We must receive comments on this AD by March 30, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. E:\FR\FM\27FER1.SGM 27FER1

Agencies

[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Pages 8856-8860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4102]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1210; Directorate Identifier 2008-CE-047-AD;
Amendment 39-15829; AD 2009-05-05]
RIN 2120-AA64

Airworthiness Directives; Avidyne Corporation Primary Flight
Displays (Part Numbers 700-00006-000, -001, -002, -003, and -100)

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) to
supersede AD 2008-06-28 R1, which applies to certain Avidyne
Corporation (Avidyne) Primary Flight Displays

[[Page 8857]]

(PFDs) (part numbers (P/Ns) 700-00006-000, -001, -002, -003, and -100)
that are installed on airplanes. AD 2008-06-28 R1 currently requires
you to do a check of the maintenance records and inspection of the PFD
(if necessary) to determine if an affected serial number PFD is
installed and incorporate (if necessary) operational limitations. Since
we issued AD 2008-06-28 R1, Avidyne developed a factory modification
that will correct the problems on these Avidyne PFDs and also factory
modified certain serial number PFDs. To terminate the operational
limitations of AD 2008-06-28 R1, this AD adds actions to assure any
affected serial number PFD complies with one of the following: Passes
the air data system performance verification test, receives the factory
modification, or is replaced with a PFD that has complied with one of
the previous two conditions or is not one of the affected serial number
PFDs. Consequently, this AD will retain the actions from the previous
AD until the added terminating action has been complied with. We are
issuing this AD to prevent certain conditions from existing when PFDs
display incorrect attitude, altitude, and airspeed information. This
could result in airspeed/altitude mismanagement or spatial
disorientation of the pilot with consequent loss of airplane control,
inadequate traffic separation, or controlled flight into terrain.

DATES: This AD becomes effective on April 3, 2009.
On April 3, 2009, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.

ADDRESSES: For service information identified in this AD, contact
Avidyne Corporation, 55 Old Bedford Road, Lincoln, MA 01773; telephone:
(781) 402-7400; fax: (781) 402-7599; E-mail: techsupport@avidyne.com;
Internet: https://www.avidyne.com/.
To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
https://www.regulations.gov. The docket number is FAA-2008-1210;
Directorate Identifier 2008-CE-047-AD.

FOR FURTHER INFORMATION CONTACT: Solomon Hecht, Aerospace Engineer,
ANE-150, Boston Aircraft Certification Office, 12 New England Executive
Park, Burlington, Massachusetts 01803, telephone: (781) 238-7159, fax:
(781) 238-7170.

SUPPLEMENTARY INFORMATION:

Discussion

On November 7, 2008, 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 Avidyne PFDs P/Ns 700-00006-000, -001, -002, -
003, and -100 that are installed on airplanes. This proposal was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on November 14, 2008 (73 FR 67429). The NPRM proposed to retain
the actions from AD 2008-06-28 R1 until the affected PFD is factory
serviced; add the actions of a label or marking check, an air data
system performance verification test, and (if necessary) replacement of
the PFD and factory servicing of the failed PFD; and reduce the serial
number applicability from that of AD 2008-06-28 R1.

Comments

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

Comment Issue: Affected Units Identified in Service Information

Mr. Frederic Barber, Avidyne Corporation, comments that Avidyne has
updated their service information and issued Revision 2. He notes the
test and repair requirements remain unchanged, but the list of serial
numbers has been updated to remove those PFDs known to have been
serviced since Revision 1 was published. Mr. Barber recommends that the
proposed AD be modified to reference Revision 2.
We do not agree that the proposed AD be modified to reference
Revision 2 of the service information. Some units may have already had
the modification done per Revision 1 and these serial numbers may be
reflected in the Revision 2 of the service information. Paragraph 35.c.
of FAA AD Manual, FAA-IR-M-8040.1B (FAA-AIR-M-8040.1), dated May 28,
2008, reads:

The fact that an AD has been complied with by all owners/
operators does not make the AD (the change in type design)
unnecessary. Therefore, an AD must never be removed based on the
representation of a manufacturer that all affected aircraft are in
compliance with the AD, or the information that there are no
affected aircraft left on the U.S. registry.

With this in mind, we have determined that we also should not base
the applicability on the manufacturer's assurance that certain units
have since been modified, but rather should base the applicability on
those units that originally needed the modification. The ``unless
already done'' phrase in the AD would give AD credit to those that have
already incorporated the modification.
We are not changing the final AD rule action as a result of this
comment.

Conclusion

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.

Costs of Compliance

We estimate that this AD affects 384 airplanes in the U.S.
registry.
We estimate the following costs to do the serial number
determination:

----------------------------------------------------------------------------------------------------------------
Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80............. Not applicable................. $80 $30,720
----------------------------------------------------------------------------------------------------------------

We estimate the following costs to do any necessary test and
replacement that would be required based on the results of the proposed
test. We have no way of determining the number of airplanes that may
need this test and replacement:

[[Page 8858]]

------------------------------------------------------------------------
Total cost per
Labor cost Parts cost airplane
------------------------------------------------------------------------
4 work-hours x $80 per hour = Not applicable...... $320
$320.
------------------------------------------------------------------------

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.
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. FAA-2008-1210; Directorate Identifier 2008-CE-047-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. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2008-06-28 R1, Amendment 39-15468 (73 FR 19963, April 14, 2008), and
adding the following new AD:

2009-05-05 Avidyne Corporation: Amendment 39-15829; Docket No. FAA-
2008-1210; Directorate Identifier 2008-CE-047-AD.

Effective Date

(a) This AD becomes effective on April 3, 2009.

Affected ADs

(b) This AD supersedes AD 2008-06-28 R1, Amendment 39-15440.

Applicability

(c) This AD applies to Avidyne Corporation (Avidyne) Primary
Flight Displays (PFDs), part numbers (P/Ns) 700-00006-000, 700-
00006-001, 700-00006-002, 700-00006-003, and 700-00006-100 with any
serial number listed in Avidyne Service Bulletin No. 601-00006-096,
Revision 1, dated July 14, 2008. Paragraph (d) of this AD gives
procedures to determine if an affected serial number is installed on
your airplane. This AD applies to affected serial number PFDs that
are installed on, but not limited to the airplanes below that are
certificated in any category.
(1) Adam Aircraft Model A500;
(2) Cessna Aircraft Company Model 441 (STEC Alliant Supplemental
Type Certificate (STC) No. SA09547AC-D incorporated);
(3) Cessna Aircraft Company Models LC42-550FG and LC41-550FG
(Columbia Aircraft Manufacturing and The Lancair Company previously
held the type certificate for these airplanes);
(4) Cirrus Design Corporation Models SR20 and SR22;
(5) Diamond Aircraft Industries GmbH Model DA 40;
(6) Hawker Beechcraft Corporation Model E90 (STEC Alliant STC
No. SA09545AC-D incorporated);
(7) Hawker Beechcraft Corporation Model 200 series (STEC Alliant
STC No. SA09543AC-D incorporated); and
(8) Piper Aircraft, Inc. Models PA-28-161, PA-28-181, PA-28R-
201, PA-32R-301 (HP), PA-32R-301T, PA-32-301FT, PA-32-301XTC, PA-34-
220T, PA-44-180, PA-46-350P, PA-46R-350T, and PA-46-500TP.
(d) If you have one of the affected part number PFDs installed
on your airplane, you must positively show that it is not one of the
affected serial numbers or comply with paragraph (f), all
subparagraphs, as applicable in this AD. Under 14 CFR 43.7, the
owner/operator holding at least a private pilot certificate is
allowed to do the check in paragraph (d)(1) of this AD. All other
actions must be done by a certificated mechanic, unless noted
differently.
(1) Do a logbook check of aircraft records (previously referred
to in AD 2008-06-28 R1 as ``maintenance records'') to determine if
any PFD (P/Ns 700-00006-000, 700-00006-001, 700-00006-002, 700-
00006-003, or 700-00006-100) with any affected serial number listed
in Avidyne Service Bulletin No. 601-00006-096, Revision 1, dated
July 14, 2008, is installed.
(i) If, as a result of the logbook check, you positively
identify that the PFD installed does not have a serial number
affected by this AD, then only paragraph (f)(5) of this AD applies
to you.
(ii) If, as a result of the logbook check, you cannot positively
identify the serial number of the PFD, do the visual inspection
required in paragraph (d)(2) of this AD.
(iii) If, as a result of the logbook check, you find any PFD
installed with an affected serial number, do the actions required by
paragraph (f) of this AD, including all subparagraphs as applicable.
(2) If, as a result of the above logbook check, you cannot
positively identify the serial number of the PFD, visually inspect
any PFD (P/Ns 700-00006-000, 700-00006-001, 700-00006-002, 700-
00006-003, or 700-00006-100) for any affected serial number listed
in Avidyne Service Bulletin No. 601-00006-096, Revision 1, dated
July 14, 2008.
(i) If, as a result of this visual inspection, you positively
identify that the PFD installed does not have a serial number
affected by this AD, then only paragraph (f)(5) of this AD applies
to you.
(ii) If, as a result of this visual inspection, you identify
that the PDF installed does have a serial number affected by this
AD, do the actions required in paragraph (f) of this AD, including
all subparagraphs as applicable.

Unsafe Condition

(e) This AD results from several field reports of Avidyne PFDs
displaying incorrect altitude and airspeed information and Avidyne
preparing a factory modification that will correct the possible
incorrect altitude and airspeed information displayed. We are
issuing this AD to prevent certain conditions from existing when
PFDs display incorrect attitude, altitude, and airspeed information.
This could result in airspeed/

[[Page 8859]]

altitude mismanagement or spatial disorientation of the pilot with
consequent loss of airplane control, inadequate traffic separation,
or controlled flight into terrain.

Compliance

(f) To address this problem, you must do the following, unless
already done:

----------------------------------------------------------------------------------------------------------------
Actions Compliance Procedures
----------------------------------------------------------------------------------------------------------------
(1) Incorporate the operational Prior to further flight after April Under 14 CFR 43.7, the owner/
limitations below by doing 3, 2009 (the effective date of this operator holding at least a private
whichever of the following applies: AD). pilot certificate is allowed to
(i) For airplanes with an airplane insert the information into the
flight manual (AFM), pilot's AFM, POH, AFMS, or maintenance
operating handbook (POH), or records as required in paragraph
airplane flight manual supplement (f)(1)(i) or (f)(1)(ii)(A) of this
(AFMS), incorporate the language in AD and fabricate the placard
the Appendix of this AD into the required in paragraph (f)(1)(ii)(B)
Limitations section of the AFM, of this AD. Make an entry into the
POH, or AFMS. aircraft records showing compliance
(ii) For airplanes without an AFM, with these portions of the AD in
POH, or AFMS, do the following: accordance with 14 CFR 43.9.
(A) Incorporate the language in the
Appendix of this AD into your
aircraft maintenance records; and
(B) Fabricate a placard (using
at least \1/8\-inch letters)
with the following words and
install the placard on the
instrument panel within the
pilot's clear view: ``THIS AD
AND SUPERSEDED AD 2008-06-28 R1
CONTAIN LIMITATIONS REGARDING
AVIDYNE PRIMARY FLIGHT DISPLAYS
(PFD) AND REQUIRED
INCORPORATION OF THESE
LIMITATIONS INTO THE AIRCRAFT
RECORDS. YOU MUST FOLLOW THESE
LIMITATIONS.''
(2) Inspect for a label marked Within the next 15 days after April Follow Avidyne Service Bulletin No.
``Deviation 08-19A'' on the 3, 2009 (the effective date of this 601-00006-096, Revision 1, dated
exterior of the PFD near the TSO AD). July 14, 2008.
label or a ``MOD 52'' marking.
(i) If the label marked ``Deviation
08-19A'' or ``MOD 52'' marking is
present, then the PFD has received
the factory modification. Remove
the limitations required by
paragraph (f)(1) of this AD and AD
2008-06-28 R1. Except for the
actions of paragraph (f)(5) of this
AD, no further action is required
by this AD.
(ii) If the label or marking is
not present, do the PFD air
data system performance
verification test in Section
3.3 of the referenced service
bulletin.
(3) If the PFD passes the test Within the next 15 days after April Follow Avidyne Service Bulletin No.
required in paragraph (f)(2)(ii) of 3, 2009 (the effective date of this 601-00006-096, Revision 1, dated
this AD, remove the limitations AD). July 14, 2008.
required by paragraph (f)(1) of
this AD and AD 2008-06-28 R1.
Except for the actions of paragraph
(f)(5) of this AD, no further
action is required by this AD.
(4) If the PFD does not pass the Within the next 15 days after April Follow Avidyne Service Bulletin No.
test required in paragraph 3, 2009 (the effective date of this 601-00006-096, Revision 1, dated
(f)(2)(ii) of this AD, do the AD). July 14, 2008.
following:
(i) Remove the PFD, install a PFD
that has passed the air data system
performance verification test, has
been factory modified (PFD bears a
label marked ``Deviation 08-19A''
on the exterior of the PFD near the
TSO label or a ``MOD 52'' marking),
or is not one of the affected
serial number PFDs;
(ii) Remove the limitations
required by paragraph (f)(1) of
this AD and AD 2008-06-28 R1;
and
(iii) Except for the actions of
paragraph (f)(5) of this AD, no
further action is required by
this AD.

[[Page 8860]]

(5) Do not install any PFD (P/Ns 700- As of April 3, 2009 (the effective Not applicable.
00006-000, 700-00006-001, 700-00006- date of this AD).
002, 700-00006-003, or 700-00006-
100) with any affected serial
number listed in Avidyne Service
Bulletin No. 601-00006-096,
Revision 1, dated July 14, 2008,
unless it has passed the air data
system performance verification
test or has been factory modified
(PFD bears a label marked
``Deviation 08-19A'' on the
exterior of the PFD near the TSO
label or a ``MOD 52'' marking).
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

(g) The Manager, Boston Aircraft 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: Solomon
Hecht, Aerospace Engineer, ANE-150, Boston Aircraft Certification
Office, 12 New England Executive Park, Burlington, Massachusetts
01803, telephone: (781) 238-7159, fax: (781) 238-7170. 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.
(h) AMOCs approved for AD 2008-06-28 R1 are approved for this
AD.

Material Incorporated by Reference

(i) You must use Avidyne Service Bulletin No. 601-00006-096,
Revision 1, dated July 14, 2008, 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
Avidyne Corporation, 55 Old Bedford Road, Lincoln, MA 01773;
telephone: (781) 402-7400; fax: (781) 402-7599; E-mail:
techsupport@avidyne.com; Internet: https://www.avidyne.com/.
(3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

Appendix to Airworthiness Directive 2009-05-05 Limitations Regarding
Avidyne Primary Flight Displays (PFDs)

Before conducting flight operations, pilots must review and be
familiar with the Crosscheck Monitor section of the Avidyne Primary
Flight Display Pilot's Guide and all limitations contained in the
aircraft operating handbook.
As a normal practice, all pilots should be vigilant in
conducting proper preflight and in-flight checks of instrument
accuracy, including:
Preflight check of the accuracy of both the primary and
backup altimeter against known airfield elevation and against each
other.
Verification of airspeed indications consistent with
prevailing conditions at startup, during taxi, and prior to takeoff.
``Airspeed alive'' check and reasonable indications
during takeoff roll.
Maintenance of current altimeter setting in both
primary and backup altimeters.
Cross-check of primary and backup altimeters at each
change of altimeter setting and prior to entering instrument
meteorological conditions (IMC).
Cross-check of primary and backup altimeters and
validation against other available data, such as glideslope
intercept altitude, prior to conducting any instrument approach.
Periodic cross-checks of primary and backup airspeed
indicators, preferably in combination with altimeter cross-checks.
For flight operations under instrument flight rules (IFR) or in
conditions in which visual reference to the horizon cannot be
reliably maintained (that is IMC, night operations, flight
operations over water, in haze or smoke) and the pilot has reasons
to suspect that any source (PFD or back-up instruments) of attitude,
airspeed, or altitude is not functioning properly, flight under IFR
or in these conditions must not be initiated (when condition is
determined on the ground) and further flight under IFR or in these
conditions is prohibited until equipment is serviced and functioning
properly.
Operation of aircraft not equipped with operating backup (or
standby) attitude, altimeter, and airspeed indicators that are
located where they are readily visible to the pilot is prohibited.
Pilots must frequently scan and crosscheck flight instruments to
make sure the information depicted on the PFD correlates and agrees
with the information depicted on the backup instruments.

Issued in Kansas City, Missouri, on February 19, 2009.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-4102 Filed 2-26-09; 8:45 am]
BILLING CODE 4910-13-P

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