[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Proposed Rules]
[Pages 17076-17077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7288]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-254-AD]
RIN 2120-AA64


Airworthiness Directives; Aircraft Equipped With Garmin AT, 
Apollo GX Series Global Positioning System (GPS) Navigation Units With 
Software Versions 3.0 Through 3.4 Inclusive

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to aircraft equipped with Garmin AT, 
Apollo GX series GPS navigation units with software versions 3.0 
through 3.4 inclusive. This proposal would require modification and 
testing of the software for Apollo GX50/55/60/65 TSO-C129a GPS 
navigation units; and reidentification of the part. This action is 
necessary to prevent the GPS navigation unit, under certain conditions, 
from providing erroneous cross-deviation information, which could 
result in the aircraft deviating from its intended course for a brief 
period of time. Erroneous information may also place an excessive 
workload on the flightcrew while they monitor other available 
navigation data to avoid deviating off course. This action is intended 
to address the identified unsafe condition.

DATES: Comments must be received by May 17, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-254-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 may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-254-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 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Garmin AT, 2345 Turner Road Southeast, Salem, Oregon 
97302. This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Walter Cameron, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6460; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
     For each issue, state what specific change to 
the proposed AD is being requested.
     Include justification (e.g., reasons or data) 
for each request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-254-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-254-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report from the manufacturer of the global 
positioning system (GPS) navigation unit indicating that, under certain 
conditions, Apollo GX50/55/60/65 TSO-C129a GPS navigation units, with 
software versions 3.0 through 3.4 inclusive, installed on any aircraft 
could provide erroneous cross-track deviation information. This 
condition, if not corrected, could result in the aircraft deviating 
from its intended course for a brief period of time. Erroneous 
information may also place an excessive workload on the flightcrew 
while they monitor other available navigation data to avoid deviating 
off course.

Explanation of Relevant Service Information

    The FAA has reviewed and approved UPS Aviation Technologies Service 
Bulletin 561-4002-001, dated April 19, 2002, which describes procedures 
for modifying software versions 3.0 through 3.4 inclusive for Apollo 
GX50/55/60/65 TSO-C129a GPS navigation units with software version 3.5 
and testing the modified software; and reidentifying of the modified 
part. Accomplishment of the actions specified in the service bulletin 
is intended to adequately address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously, except as discussed below.

Difference Between Proposed Rule and Service Bulletin

    Operators should note that although the service bulletin recommends 
accomplishing the software modification ``at the earliest opportunity 
where manpower and facilities are

[[Page 17077]]

available,'' we have determined that such an imprecise compliance time 
would not address the identified unsafe condition in a timely manner. 
In developing an appropriate compliance time for this proposed AD, we 
considered the degree of urgency associated with the subject unsafe 
condition, the average utilization of the affected fleet, and the time 
necessary to perform the modification (1 hour). In light of all of 
these factors, we find that a 6-month compliance time represents an 
appropriate interval of time for affected airplanes to continue to 
operate without compromising safety.

Cost Impact

    We do not know how many aircraft equipped with Apollo GX series GPS 
navigation units (software versions 3.0 through 3.4 inclusive) of the 
affected design are on the U.S. Register. However, we do know that the 
GPS navigation units might be installed on 1,176 aircraft worldwide. It 
would take approximately 1 work hour per aircraft to accomplish the 
proposed modification, at an average labor rate of $65 per work hour. 
The parts manufacturer would provide the required parts at no cost to 
the operator. Based on these figures, the cost impact of the proposed 
AD on U.S. operators is estimated to be $65 per aircraft.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed 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. Manufacturer warranty 
remedies may be available for labor costs associated with this proposed 
AD. As a result, the costs attributable to the proposed AD may be less 
than stated above.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Garmin AT (formerly UPS Aviation Technologies, Inc.): Docket 2002-
NM-254-AD.

    Applicability: Aircraft equipped with Garmin AT, Apollo GX50/55/
60/65 TSO-C129a global positioning system (GPS) navigation units 
with software versions 3.0 through 3.4 inclusive; as listed in UPS 
Aviation Technologies Service Bulletin 561-4002-001, dated April 19, 
2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the GPS navigation unit, under certain conditions, 
from providing erroneous cross-deviation information, which could 
result in the aircraft deviating from its intended course for a 
brief period of time; and to also prevent erroneous information from 
placing an excessive workload on the flightcrew while they monitor 
other available navigation data to avoid deviating off course; 
accomplish the following:

Software Modification, Testing, and Reidentification

    (a) Within 6 months after the effective date of this AD, do the 
actions specified in paragraphs (a)(1) and (a)(2) of this AD, 
according to the Accomplishment Instructions of UPS Aviation 
Technologies Service Bulletin 561-4002-001, dated April 19, 2002.
    (1) Modify and test the software for the Apollo GX50/55/60/65 
TSO-C129a GPS navigation unit by accomplishing all of the actions 
specified in paragraphs 3.B. and 3.C of the service bulletin.
    (3) Reidentify the modified Apollo GX50/55/60/65 TSO-C129a GPS 
navigation unit, according to paragraph 3.D. of the service 
bulletin.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, Seattle 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Issued in Renton, Washington, on March 25, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7288 Filed 3-31-04; 8:45 am]
BILLING CODE 4910-13-P