[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Proposed Rules]
[Pages 29108-29109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11410]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NE-68-AD]
RIN 2120-AA64


Airworthiness Directives; Becker Flugfunkwerk GmbH AR 4201 VHF AM 
Transceivers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Becker Flugfunkwerk GmbH AR 4201 VHF AM transceivers. This 
proposed AD would require adding an aircraft flight manual (AFM) 
limitation to the Limitations Section of the AFM, and cockpit placard 
due to the intermittent malfunctioning of the transceiver, or removing 
the affected transceiver from service. This proposed AD results from 
reports of crewmembers having difficulty communicating with Air Traffic 
Control and other aircraft due to the AR 4201 VHF AM transceiver's 
inability to block interference from transmitters operating on 
frequencies other than those set in the transceiver. We are proposing 
this AD to prevent difficulty in communicating with Air Traffic Control 
and other aircraft due to intermittent malfunctioning of the 
transceiver.

DATES: We must receive any comments on this proposed AD by July 19, 
2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD:
     By mail: Federal Aviation Administration (FAA), New 
England Region, Office of the Regional Counsel, Attention: Rules Docket 
No. 2003-NE-68-AD, 12 New England Executive Park, Burlington, MA 01803-
5299.
     By fax: (781) 238-7055.
     By e-mail: [email protected].
    You may examine the AD docket at the FAA, New England Region, 
Office of the Regional Counsel, 12 New England Executive Park, 
Burlington, MA.

FOR FURTHER INFORMATION CONTACT: David Setser, Aerospace Engineer, 
Boston Aircraft Certification Office, FAA, Engine and Propeller 
Directorate, 12 New England Executive Park, Burlington, MA 01803-5299; 
telephone (781) 238-7173; fax (781) 238-7170.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed under ADDRESSES. Include ``AD Docket No. 2003-NE-68-AD'' in the 
subject line of your comments. If you want us to acknowledge receipt of 
your mailed comments, send us a self-addressed, stamped postcard with 
the docket number written on it; we will date-stamp your postcard and 
mail it back to you. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. If a person contacts us verbally, and that contact relates to a 
substantive part of this proposed AD, we will summarize the contact and 
place the summary in the docket. We will consider all comments received 
by the closing date and may amend the proposed AD in light of those 
comments.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You may get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the AD Docket

    You may examine the AD Docket (including any comments and service 
information), by appointment, between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. See ADDRESSES for the 
location.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified the FAA that an unsafe condition may 
exist on Becker Flugfunkwerk GmbH AR 4201 VHF AM transceivers with 
certain serial numbers (SNs). The LBA advises that these transceivers 
incorrectly respond to strong signals and to interference from 
transmitters operating on frequencies other than those set in the 
transceiver. The incorrect response can create a potentially hazardous 
situation by causing interference with communications with ATC and with 
other aircraft. The LBA advises that if operators choose not to remove 
affected transceivers from service, then a limitation stating ``Usage 
of Becker Comm Equipment AR 4201 is restricted to VFR operations'', 
must be inserted into the AFM Limitations Section, and placarded in the 
cockpit. The LBA also advises that affected transceivers may be 
modified in accordance with Becker Flugfunkwerk GmbH Service Bulletin 
No. AR 4201-01/03, dated July 22, 2003, after which the owner or 
operator may remove the VFR-only placards and flight manual limitation.

Relevant Service Information

    We have reviewed and approved the technical contents of Becker 
Flugfunkwerk GmbH Service Bulletin (SB) No. AR 4201-01/03; dated July 
22, 2003. This SB identifies the serial numbers of transceivers 
affected and describes modifications to be done by the manufacturer to 
correct the transceiver problem. The LBA issued airworthiness directive 
2003-234, dated August 21, 2003, in order to ensure the airworthiness 
of aircraft using these transceivers in Germany.

FAA's Determination and Requirements of the Proposed AD

    These Becker Flugfunkwerk GmbH AR 4201 VHF AM transceivers, 
manufactured in Germany, are approved for use on airplanes that are 
type-certificated for operation in the United States under the 
provisions of section 21.617 of the Federal Aviation Regulations (14 
CFR 21.617) and the applicable bilateral airworthiness agreement. 
Pursuant to this bilateral airworthiness agreement, the LBA has kept us 
informed of the situation described above. We have examined the LBA's 
findings, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States. Therefore, we are 
proposing this AD,

[[Page 29109]]

which would require the following within five days after the effective 
date of the proposed AD:
     Add a limitation to the AFM Limitations Section, and a 
cockpit placard that restricts use to only VFR operations, or
     Remove the affected transceiver from service.

Costs of Compliance

    There are 9,349 Becker Flugfunkwerk GmbH AR 4201 VHF AM 
transceivers of the affected design in the worldwide fleet. There are 
about 1,000 transceivers installed on aircraft of U.S. registry. We 
estimate that it would take about 2 work hours per transceiver to 
inspect and or remove a transceiver from service, and that the average 
labor rate is $65 per work hour. The average retail cost of an AR 4201 
transceiver is $1,149. If all transceivers were replaced, the total 
purchase cost would be about $1,149,000. Based on these figures, the 
total cost of the proposed AD to U.S. operators to replace transceivers 
is estimated to be $1,279,000.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. Would 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 proposal 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 
``AD Docket No. 2003-NE-68-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive:

Becker Flugfunkwerk GmbH: Docket No. 2003-NE-68-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this airworthiness directive (AD) action by July 19, 
2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Becker Flugfunkwerk GmbH AR 4201 VHF AM 
transceivers, with serial numbers (SNs) 0150 through 9499.

Unsafe Condition

    (d) This AD results from reports of crewmembers having 
difficulty communicating with Air Traffic Control and other aircraft 
due to the AR 4201 VHF AM transceiver's inability to block 
interference from transmitters operating on frequencies other than 
those set in the transceiver. We are issuing this AD to prevent 
difficulty in communicating with Air Traffic Control and other 
aircraft due to intermittent malfunctioning of the transceiver.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within five days after the effective date of this AD, 
unless the actions have already been done.
    (f) For installed Becker Flugfunkwerk GmbH AR 4201 VHF AM 
transceivers, inspect the SN. If the transceiver does not have an 
affected SN, no further action is required.
    (g) If the transceiver has an affected SN, and does not have 
Change Index 02 or higher index number marked on it, do the 
following:
    (1) Add an aircraft flight manual (AFM) limitation to the 
Limitations Section of the AFM, that restricts transceiver usage to 
VFR operations, and add a placard to the cockpit within view of the 
pilot that states, in \1/4\ inch-high or higher characters, ``Use of 
Becker Comm Equipment AR 4201 is restricted to VFR operations''; or
    (2) Remove the transceiver from service.
    (h) After the effective date of this AD, do not install any 
Becker Flugfunkwerk GmbH AR 4201 VHF AM transceiver with an affected 
SN that does not have Change Index 02 or higher index number marked 
on it, unless it was removed to determine the SN or to check for 
Change Index 02 or higher index number.

Terminating Action

    (i) If you later install a transceiver that is not listed in 
this AD or install a transceiver that is marked with Change Index 02 
or higher index number, remove the limitation from the Limitations 
Section of the AFM, and placard if present, that are specified in 
paragraph (g)(1).

Alternative Methods of Compliance

    (j) The Manager, Boston Aircraft Certification Office, has the 
authority to approve alternative methods of compliance for this AD 
if requested using the procedures found in 14 CFR 39.19.

Material Incorporated by Reference

    (k) None.

Related Information

    (l) LBA airworthiness directive No. 2003-234, dated August 21, 
2003, and Becker Flugfunkwerk GmbH Service Bulletin No. AR 4201-01/
03; dated July 22, 2003, also pertain to the subject of this AD.

    Issued in Burlington, Massachusetts, on May 13, 2004.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 04-11410 Filed 5-19-04; 8:45 am]
BILLING CODE 4910-13-P