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


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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.

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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: <a href="/cdn-cgi/l/email-protection#562233353e252326263924221637203f322f38337835393b"><span class="__cf_email__" data-cfemail="e49081878c979194948b9690a485928d809d8a81ca878b89">[email protected]</span></a>; 
Internet: http://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 
http://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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#1165747279626461617e63655170677875687f743f727e7c"><span class="__cf_email__" data-cfemail="681c0d0b001b1d1818071a1c28091e010c11060d460b0705">[email protected]</span></a>; Internet: http://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: http://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:
    <bullet> Preflight check of the accuracy of both the primary and 
backup altimeter against known airfield elevation and against each 
other.
    <bullet> Verification of airspeed indications consistent with 
prevailing conditions at startup, during taxi, and prior to takeoff.
    <bullet> ``Airspeed alive'' check and reasonable indications 
during takeoff roll.
    <bullet> Maintenance of current altimeter setting in both 
primary and backup altimeters.
    <bullet> Cross-check of primary and backup altimeters at each 
change of altimeter setting and prior to entering instrument 
meteorological conditions (IMC).
    <bullet> Cross-check of primary and backup altimeters and 
validation against other available data, such as glideslope 
intercept altitude, prior to conducting any instrument approach.
    <bullet> 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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