[Federal Register Volume 66, Number 143 (Wednesday, July 25, 2001)]
[Rules and Regulations]
[Pages 38536-38538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18472]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-225-AD; Amendment 39-12351; AD 2001-14-51]
RIN 2120-AA64


Airworthiness Directives; General Aviation Aircraft Equipped With 
Certain UPS Aviation Technologies, Inc., Model Apollo SL30 Very-High-
Frequency Navigation/Communication (VHF NAV/COMM) Radios

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) AD 2001-14-51 that was made 
available previously to all known U.S. owners and operators of General 
Aviation aircraft equipped with certain UPS Aviation Technologies, 
Inc., Model Apollo SL30 VHF NAV/COMM radios. This AD requires 
determination of the version of software being used by the UPS Aviation 
Technologies, Inc., Model Apollo SL30 VHF NAV/COMM radio, and 
installation of a placard to prohibit use of the radio's very-high-
frequency omnirange (VOR) function for navigation, if necessary. This 
action is prompted by a report that, during installation of a subject 
radio, an installer noted that the radio was providing incorrect radial 
bearing information. The actions specified by this AD are intended to 
prevent use of incorrect bearing information by the pilot, which could 
result in inaccurate navigation information.

DATES: Effective July 30, 2001, to all persons except those persons to 
whom it was made immediately effective by emergency AD 2001-14-51, 
issued June 29, 2001, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before September 24, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-225-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments

[[Page 38537]]

may also be sent via the Internet using the following address: [email protected]. Comments sent via fax or the Internet must contain 
``Docket No. 2001-NM-225-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    Information relevant to this AD may be examined at the FAA, 
Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., 
Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Susan Letcher, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2670; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: On June 29, 2001, the FAA issued emergency 
AD 2001-14-51, which is applicable to General Aviation aircraft 
equipped with certain UPS Aviation Technologies, Inc., Model Apollo 
SL30 very-high-frequency navigation/communication (VHF NAV/COMM) 
radios.
    That action was prompted by a report from the equipment 
manufacturer indicating that, during installation of a certain UPS 
Aviation Technologies, Inc., Model Apollo SL30 VHF NAV/COMM radio on a 
General Aviation aircraft, an installer noted that the radio was 
providing incorrect radial bearing information. Subsequent testing by 
the equipment manufacturer revealed that the bearing information was 
off by 14 degrees.
    This incorrect bearing information has been attributed to an error 
in Digital Signal Processor (DSP) Software Version Number 1.00, as 
installed on Apollo SL30 VHF NAV/COMM radios having part number 430-
6040-300 or 430-6040-301. If the radio receives a signal from a very-
high-frequency omnirange (VOR) ground station that deviates from the 
standard 30-Hertz signal, the error in the software causes the radio to 
incorrectly decode the bearing of the station. Because the occurrence 
of the error is dependent on the signal coming from a given station and 
not on the radio itself, the pilot may not necessarily know if the 
bearing information is incorrect. This condition, if not corrected, 
could lead the pilot to use incorrect bearing information, which could 
result in inaccurate navigation information.
    The FAA has granted field approvals for installation of these 
radios on various makes and models of General Aviation aircraft, so any 
General Aviation aircraft with a UPS Aviation Technologies, Inc., Model 
Apollo SL30 VHF NAV/COMM radio with the part numbers listed above may 
be subject to the unsafe condition addressed by AD 2001-14-51.

Explanation of Relevant Service Information

    The FAA has reviewed and approved UPS Aviation Technologies, Inc., 
Service Bulletin SB2001-003, dated June 29, 2001. That service bulletin 
describes procedures for determining what version of software the 
Apollo SL30 VHF NAV/COMM radio is using. If the radio is using DSP 
Software Version Number 1.00, the service bulletin says to install a 
placard to inform the pilot that use of the radio's VOR function for 
navigation is prohibited. The placard must be installed so that it is 
within view of the pilot during operation of the aircraft.

Explanation of Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, the FAA issued emergency AD 
2001-14-51 to prevent use of incorrect bearing information by the 
pilot, which could result in inaccurate navigation information. The AD 
requires determination of the version of software being used by the UPS 
Aviation Technologies, Inc., Model Apollo SL30 VHF NAV/COMM radio, and 
installation of a placard to prohibit use of the radio's VOR function 
for navigation, if necessary.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by making it available on 
June 29, 2001, to all known U.S. owners and operators of General 
Aviation aircraft equipped with certain UPS Aviation Technologies, 
Inc., Model Apollo SL30 VHF NAV/COMM radios. These conditions still 
exist, and the AD is hereby published in the Federal Register as an 
amendment to Sec. 39.13 of the Federal Aviation Regulations (14 CFR 
39.13) to make it effective to all persons.

Interim Action

    This is considered to be interim action. The equipment manufacturer 
has advised that it currently is developing a software update that will 
positively address the unsafe condition addressed by this AD. Once this 
software update is developed, approved, and available, the FAA may 
consider additional rulemaking.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-225-AD.'' The postcard will be date-stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an

[[Page 38538]]

emergency regulation under DOT Regulatory Policies and Procedures (44 
FR 11034, February 26, 1979). If it is determined that this emergency 
regulation otherwise would be significant under DOT Regulatory Policies 
and Procedures, a final regulatory evaluation will be prepared and 
placed in the Rules Docket. A copy of it, if filed, may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to 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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2001-14-51  UPS Aviation Technologies, Inc.: Amendment 39-12351. 
Docket 2001-NM-225-AD.

    Applicability: All General Aviation aircraft equipped with a UPS 
Aviation Technologies, Inc., Model Apollo SL30 very-high-frequency 
navigation/communication (VHF NAV/COMM) radio having part number 
430-6040-300 or 430-6040-301; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent use of incorrect bearing information by the pilot, 
which could result in inaccurate navigation information, accomplish 
the following:

Determination of Software Version

    (a) Before further flight after receipt of this AD, determine 
what version of Digital Signal Processor (DSP) Software the UPS 
Aviation Technologies, Inc., Model Apollo SL30 VHF NAV/COMM radio is 
using, according to the following procedure:

Placing Unit In System Mode
Operation Summary (Refer to page 4 of operation manual)
Power On
Turn the SL30 on. Either turn the Power/Volume knob clockwise to 
turn the power on or, if installed, turn on the master switch that 
powers the radios. The SL30 will go through a short initialization 
routine and then briefly display the last VOR check date.

System Info (Refer to page 26 of operation manual)
System Info provides information about the Software versions and the 
Display Intensity.
1. Press SYS and turn the LARGE knob if necessary to the System Info 
page. Press ENT.
2. In the System Info function turn the LARGE knob to Nav Software 
Version.
3. Turn the SMALL knob to left (counterclockwise) to view DSP 
Software Version.''

    Note 2: The procedure specified in paragraph (a) of this AD is 
identical to the ``PROCEDURE'' section of UPS Aviation Technologies, 
Inc., Service Bulletin SB2001-003, dated June 29, 2001.

Installation of Placard

    (b) If the radio is using DSP Software Version Number 1.00, 
before further flight, do the actions in paragraphs (b)(1) and 
(b)(2) of this AD.
    (1) Attach on or place near the SL30 within view of the pilot a 
placard that reads as follows:

``USE OF SL30 VOR FUNCTION FOR NAVIGATION PROHIBITED.''

    (2) Insert a copy of this AD into the Limitations Section of the 
FAA-approved Airplane Flight Manual.

Spares

    (c) After receipt of this AD, no one may install on any airplane 
a UPS Aviation Technologies, Inc., Model Apollo SL30 VHF NAV/COMM 
radio, having part number 430-6040-300 or 430-6040-301; unless the 
requirements of this AD are accomplished.

Alternative Methods of Compliance

    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Avionics Inspector, who may add comments 
and then send it to the Manager, Seattle ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

Effective Date

    (f) This amendment becomes effective on July 30, 2001, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2001-14-51, issued on June 29, 2001, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on July 19, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-18472 Filed 7-24-01; 8:45 am]
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