[Federal Register Volume 67, Number 56 (Friday, March 22, 2002)]
[Rules and Regulations]
[Pages 13264-13267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6793]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-284-AD; Amendment 39-12682; AD 2002-06-05]
RIN 2120-AA64


Airworthiness Directives; Various Transport Category Airplanes 
Equipped With Air Traffic Control (ATC) Transponders Manufactured by 
Rockwell Collins, Inc.

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to various transport category airplanes equipped with 
certain Mode C air traffic control (ATC) transponders manufactured by 
Rockwell Collins, Inc. This amendment requires testing each 
transponder; replacing certain parts in any transponder that fails the 
initial test with new parts and performing additional test(s); and 
making repairs, as necessary, so that the transponder passes the test. 
This amendment is prompted by reports that indicate that the equipment 
used to conduct earlier tests of certain transponders did not detect 
certain malfunctions. An airplane equipped with such malfunctioning 
transponders could transmit inaccurate data concerning its altitude to 
a nearby airplane equipped with the traffic alert and collision 
avoidance system (TCAS II), causing the TCAS II to issue an erroneous 
resolution advisory to the pilot. The actions specified by this AD are 
intended to prevent transmission of inaccurate data concerning altitude 
from one airplane to another, which could cause the pilot receiving the 
data to change course, either ascending or descending, and possibly 
lead to a mid-air collision or near mid-air collision.

DATES: Effective April 26, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 26, 2002.

ADDRESSES: The service information referenced in this AD may be 
obtained from Rockwell Collins, Inc., 400 Collins Road, NE., Cedar 
Rapids, Iowa 52498. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Elizabeth Zurcher, Aerospace Engineer, 
FAA, Seattle Aircraft Certification Office, Systems and Equipment 
Branch, ANM-130S, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; 
telephone (425) 227-1674; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to various transport

[[Page 13265]]

category airplanes equipped with certain Mode C air traffic control 
(ATC) transponders manufactured by Rockwell Collins, Inc., was 
published in the Federal Register on January 5, 2001 (66 FR 1054). That 
action proposed to require testing each transponder; replacing certain 
parts in any transponder that fails the initial test and performing 
additional test(s); and making repairs, as necessary, so that the 
transponder passes the test.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received. Two commenters state that the airplanes they 
operate are not affected by the proposed rule.

Change Paragraphs (a) and (b)

    One commenter states that Rockwell Collins Service Information 
Letter (SIL) 00-1, dated May 25, 2000, as specified in the preamble of 
the proposed rule, implies that the only approved ``ramp-tester'' to 
test their 621A-3 transponder is the ATC-601. However, the commenter 
indicates that all ``approved'' transponder ramp-testers must meet the 
criteria set forth in Federal Aviation Regulation 91.413, Part 43, 
Appendix F. The commenter asks if this proposed AD will change those 
criteria, and states that, if not, operators should be able to use any 
transponder ramp-tester that meets those requirements. The commenter 
adds that verification that a ramp-tester meets the FAR requirements 
can be confirmed by the manufacturer's technical data sheets and 
current calibration certificates.
    The FAA does not agree that ``any'' transponder ramp-tester meets 
the requirements in paragraphs (a) and (b) of the final rule. As 
specified in the preamble of the proposed rule, ``The document (SIL 00-
1), subtitled `621A-3 Transponder Overhaul Manual Test Equipment 
Modification Recommendation,' indicates that some operators using ATC 
ramp tester model number 601 (ATC-601) to verify performance of Mode C 
transponders with single Gillham encoded altitude input were 
experiencing a high reject rate of the 621A-3 transponders manufactured 
by Rockwell Collins, Inc. The service letter states that the ATC-601 
ramp tester is capable of detecting out-of-tolerance errors in the 
framing pulse width, whereas the ATC-600 ramp tester previously used to 
test the transponders did not detect these pulse width errors.'' We 
concur that certain other ramp-testers may be used, and we have added a 
new Note 2 (and renumbered subsequent notes) to this final rule that 
specifies ``approved'' transponder ramp-testers.
    Another commenter states that, to perform the pulse width test 
specified in paragraph (a) of the proposed rule, a bench check of the 
transponder is required, and adds that operators may be removing 
properly operating transponders to comply with the proposed rule. The 
commenter asks that an option be given to allow operators to perform a 
functional test with a Mode S ATC test set per the applicable airplane 
maintenance manual. The commenter adds that, if the transponder passes 
the functional test, it would not be necessary to remove the 
transponder from the airplane for a bench check.
    We partially agree with the commenter. We do not agree that a bench 
check of the transponder is required to perform the pulse width test; 
the pulse width test can be done either with the transponder on the 
airplane or by removing the transponder and doing a bench check, 
depending on the capabilities of the test equipment used. We agree that 
the Mode S ATC is an approved test set, and that test set is specified 
in Note 2 of this final rule.
    The same commenter asks that the final rule specify that any bench 
check done on a transponder before the effective date of the final 
rule, in accordance with the service information specified in the 
proposed rule, is acceptable for compliance with the pulse width tests 
specified in paragraphs (a) and (b) of the proposed rule. The commenter 
adds that if the FAA agrees to include the bench check, submission of 
the reporting requirements specified in paragraph (d) of the proposed 
rule should be amended to allow for a compliance time of more than 60 
days after completion of the bench check. The commenter recommends a 
30-day grace period after the effective date of the final rule for the 
reporting requirement.
    We agree and have added a new Note 3 to this final rule to specify 
that bench checks used to perform the tests per Rockwell Collins Air 
Transport Systems Overhaul Manual with Illustrated Parts List, 
Temporary Revision No. 34-44-00-38, dated April 20, 2000, are 
acceptable for compliance with paragraph (a) of this final rule. 
Additionally, we have changed the reporting requirement specified in 
paragraph (d) of this final rule to specify that the report may be 
submitted within 60 days AFTER the effective date of the AD.
    Another commenter notes that paragraph (b) of the proposed rule 
specifies that the transmitter tube and resistor be replaced (if any 
malfunction is detected), per Rockwell Collins Service Bulletin 621A-3-
34-21, Revision 1, dated November 14, 1975. The commenter states that 
the referenced service bulletin specifies removal of the resistor 
(only) on units having serial numbers 7192 and below. The commenter 
interprets paragraph (b) of the proposed rule as requiring replacement 
of the transmitter tube and resistor regardless of the unit serial 
number. The commenter recommends paragraph (b) of the proposed rule be 
changed to specify that resistor removal is only required on units with 
serial numbers 7192 and below.
    We concur with the commenter and have changed paragraph (b) of the 
final rule to add paragraphs (b)(1) and (b)(2) to require replacement 
of the transmitter tube and resistor for transponders having serial 
numbers up to and including 7192; and replacement of the transmitter 
tube (only) for transponders having serial numbers 7193 and subsequent.

Credit for Transponders Previously Modified

    One commenter asks if the proposed rule will apply to transponders 
that have already been modified using the procedures specified in 
Rockwell Collins, Inc. SIL 00-1, which references Rockwell Collins 
Service Bulletin 621A-3-34-21, Revision 1, dated November 14, 1975, 
cited in the proposed rule as the appropriate source of service 
information doing the replacement.
    We agree that if the replacement required by paragraph (b) of this 
final rule was done prior to the effective date of the AD using the 
service information cited in the final rule, it is acceptable for 
compliance. Therefore, we have added a new Note 4 to this final rule 
(and renumbered subsequent notes) that specifies previous modification 
of the transponder is acceptable for compliance with this AD.

Change Paragraph (c)

    One commenter states that paragraph (c) of the proposed rule cites 
the air data computer or interconnect wiring as possibly being 
defective. The commenter notes that this is in error because the pulse 
width cannot be affected by the air data computer or its wiring. The 
commenter adds that the pulse width can be affected by antenna/wiring 
faults.
    We agree with the commenter and have changed paragraph (c) of this 
final rule to remove the references to repair of the air data computer 
or wiring connections.

[[Page 13266]]

    The same commenter notes that paragraph (c) of the proposed rule 
specifies that, if malfunction of the transponder is detected, the 
transponder must be repaired prior to further flight. The commenter 
asks that the final rule allow for continued operation of the airplane 
in accordance with the Minimum Equipment List (MEL), provided the 
defective transponder is not operated.
    Note 5 of this final rule (which was Note 2 of the proposed rule) 
addresses the commenter's concern. That note specifies that the 
airplane may be operated in accordance with the provisions and 
limitations specified in the FAA-approved Master Minimum Equipment List 
(MMEL), provided that only one Mode C transponder on the airplane is 
inoperative.

Delete Paragraph (c)

    One commenter states that paragraphs (a) and (b) of the proposed 
rule discuss actions for off-wing shop tests per the transponder 
overhaul manual (OM), but paragraph (c) implies that an on-wing test 
must be accomplished. The commenter asks that paragraph (c) of the 
proposed rule be deleted. The commenter notes that any transponder 
tested in accordance with the OM will not be returned to service unless 
it can pass the pulse width test. The commenter adds that both the 
aircraft wiring and interfacing equipment were previously tested per AD 
99-23-22 R1, amendment 39-11473 (64 FR 70181, December 16, 1999), which 
addressed concerns specific to the Rockwell Collins 621A-3 
transponders. The commenter states that no additional testing should be 
required.
    We do not agree with the commenter. Paragraph (c) of this final 
rule requires repair of the transponder if a malfunction is detected; 
no on-wing test is required by that paragraph. No change to the final 
rule is necessary in this regard.

Change to Final Rule

    We have changed the point of contact for information concerning 
this final rule to Elizabeth Zurcher, Aerospace Engineer, FAA, Seattle 
Aircraft Certification Office, Systems and Equipment Branch, ANM-130S.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 800 airplanes with transponders with the 
affected part in the worldwide fleet. The FAA estimates that 
approximately 400 airplanes of U.S. registry will be affected by this 
AD, that it will take approximately 4 work hours per airplane to 
accomplish the required test, and that the average labor rate is $60 
per work hour. Based on these figures, the cost impact of the AD on 
U.S. operators is estimated to be $96,000, or $240 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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, Incorporation by 
reference, 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:

2002-06-05 Transport Category Airplanes: Amendment 39-12682. Docket 
2000-NM-284-AD.

    Applicability: Transport category airplanes, certificated in any 
category, equipped with Rockwell Collins Mode C 621A-3 Air Traffic 
Control (ATC) transponder(s), part number (P/N) 522-2703-XXX (where 
XXX is any series number).

    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 (e) 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 transmission of inaccurate data concerning altitude 
from one airplane to another, which could cause the pilot receiving 
the data to change course, either ascending or descending, and 
possibly lead to a mid-air collision or near mid-air collision, 
accomplish the following:

Testing

    (a) Within 6 months after the effective date of this AD: Perform 
a pulse width test to detect malfunctions of any Mode C 621A-3 ATC 
transponder(s) equipped with P/N 522-2703-XXX, where XXX is any part 
number, in accordance with Rockwell Collins Air Transport Systems 
Overhaul Manual with Illustrated Parts List, Temporary Revision No. 
34-44-00-38, dated April 20, 2000.

    Note 2: Pulse width tests done using TIC-49, ATC-601, ATC-601A, 
or ATC-1400A ramp or bench testers meet the applicable test 
requirements specified in paragraphs (a) and (b) of this AD.


    Note 3: Previous checks used to perform the test specified in 
paragraph (a) of this AD,

[[Page 13267]]

per Rockwell Collins Air Transport Systems Overhaul Manual with 
Illustrated Parts List, Temporary Revision No. 34-44-00-38, dated 
April 20, 2000, are considered acceptable for compliance with 
paragraph (a) of this AD.

Replacement

    (b) If the pulse width test required by paragraph (a) of this AD 
detects malfunction of a transponder, prior to further flight, 
perform the requirements specified in paragraph (b)(1) or (b)(2) of 
this AD, as applicable, in accordance with Rockwell Collins Service 
Bulletin 621A-3-34-21, Revision 1, dated November 14, 1975.
    (1) For transponders having serial numbers up to and including 
7192: Replace the transmitter tube and resistor with a new tube and 
resistor and repeat the pulse width test required by paragraph (a) 
of this AD.
    (2) For transponders having serial numbers 7193 and subsequent: 
Replace the transmitter tube with a new tube and repeat the pulse 
width test required by paragraph (a) of this AD.

    Note 4: Accomplishment of the replacement specified in paragraph 
(b)(1) or (b)(2) of this AD, as applicable, prior to the effective 
date of this AD, per Rockwell Collins Service Information Letter 
(SIL) 00-1, dated May 25, 2000, is acceptable for compliance with 
the applicable replacement required by paragraph (b)(1) or (b)(2) of 
this AD.

Repair

    (c) If the follow-up pulse width test required by paragraph (b) 
of this AD detects malfunction of a transponder: Prior to further 
flight, repair the transponder in accordance with the applicable 
Mode C transponder component maintenance manual and airplane 
maintenance manual. If the repair information is not available in 
the applicable manual, prior to further flight, repair the 
transponder in accordance with a method approved by the Manager, 
Seattle Aircraft Certification Office (ACO), FAA.

    Note 5: The airplane may be operated in accordance with the 
provisions and limitations specified in the FAA-approved Master 
Minimum Equipment List (MMEL), provided that only one Mode C 
transponder on the airplane is inoperative.

Reporting Requirement

    (d) Submit a report of the results (both positive and negative) 
of the tests required by paragraphs (a) and (b) of this AD, at the 
applicable time specified in paragraph (d)(1) or (d)(2) of this AD, 
to: Elizabeth Zurcher, Aerospace Engineer, FAA, Seattle ACO, Systems 
and Equipment Branch, ANM-130S, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; fax (425) 227-1181. The report must include 
the part number of the Mode C transponder(s) and whether corrective 
action was required. Information collection requirements contained 
in this regulation have been approved by the Office of Management 
and Budget (OMB) under the provisions of the Paperwork Reduction Act 
of 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control 
Number 2120-0056.
    (1) For airplanes on which the pulse width test (using a bench 
check, if necessary) is accomplished after the effective date of 
this AD: Submit the report within 60 days after performing the test 
required by paragraph (a) or (b) of this AD, as applicable.
    (2) For airplanes on which the pulse width test has been 
accomplished prior to the effective date of this AD: Submit the 
report within 60 days after the effective date of this AD.

Alternative Methods of Compliance

    (e) 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 ACO. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance or 
Avionics Inspector, who may add comments and then send it to the 
Manager, Seattle ACO.

    Note 6: 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

    (f) Special flight permits may be issued in accordance with 
sections 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.

Incorporation by Reference

    (g) Except as provided by paragraph (c) of this AD: The actions 
shall be done in accordance with Rockwell Collins Air Transport 
Systems Overhaul Manual with Illustrated Parts List, Temporary 
Revision No. 34-44-00-38, dated April 20, 2000; and Rockwell Collins 
Service Bulletin 621A-3-34-21, Revision 1, dated November 14, 1975; 
as applicable. Revision 1 of Rockwell Collins Service Bulletin 621A-
3-34-2 contains the following effective pages:

 
------------------------------------------------------------------------
                        Revision level shown on
       Page No.                   page              Date shown on page
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1, 4..................  1......................  Nov. 14, 1975.
2, 3, 5/6.............  Original...............  June 15, 1975.
------------------------------------------------------------------------

This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Rockwell Collins, Inc., 400 Collins 
Road NE; Cedar Rapids, Iowa 52498. Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (h) This amendment becomes effective on April 26, 2002.

    Issued in Renton, Washington, on March 13, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-6793 Filed 3-21-02; 8:45 am]
BILLING CODE 4910-13-P