[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Proposed Rules]
[Pages 67429-67433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27082]


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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]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2008-06-
28 R1, which applies to certain Avidyne Corporation (Avidyne) Primary 
Flight Displays (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 service procedure that will correct the problems on these 
Avidyne PFDs and also factory serviced certain serial number PFDs. 
Consequently, this proposed AD would 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. We are proposing 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: We must receive comments on this proposed AD by January 13, 
2009.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Avidyne Corporation, 55 Old Bedford Road, Lincoln, MA 01773; telephone: 
(781) 402-7400; fax: (781) 402-7599.

FOR FURTHER INFORMATION CONTACT: Solomon Hecht, Aerospace Engineer, 
ANE-150, Boston Aircraft Certification Office, 12 New England Executive 
Park, Burlington, Massachusetts 01803, phone: (781) 238-7159, fax: 
(781) 238-7170.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2008-1210; Directorate Identifier 2008-CE-047-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive concerning this proposed AD.

Discussion

    Several field reports of PFDs displaying incorrect altitude and 
airspeed information caused us to issue AD 2008-06-28, Amendment 39-
15440 (73 FR 15862, March 26, 2008). AD 2008-06-28 required the 
following on Avidyne PFDs (P/Ns 700-00006-000, -001, -002, -003, and -
100) that are installed on airplanes:
     Checking of the maintenance records and inspection of the 
PFD (if necessary) to determine if an affected serial number PFD is 
installed; and
     If an affected serial number PFD is installed, 
incorporating information that limits operation when certain conditions 
for the PFD or backup instruments exist.
    An incorrect serial number (SN) listed in AD 2008-06-28 caused us 
to issue AD 2008-06-28 R1, Amendment 39-15468 (73 FR 19963, April 14, 
2008). AD 2008-06-28 R1 corrects the incorrect SN and retains the 
actions of AD-2008-06-28.
    Since we issued AD 2008-06-28 R1, Avidyne has prepared a factory 
service procedure that will correct the possible incorrect altitude and 
airspeed information displayed on these Avidyne PFDs and received 
approval for a corresponding alternative method of compliance (AMOC) to 
modify certain serial number PFDs at the factory, eliminating the 
unsafe condition in these units.
    This proposed AD retains the actions from AD 2008-06-28 R1 until 
the factory servicing is done. This proposed AD would require you to 
inspect for a label marked ``Deviation 08-19A'' on the exterior of the 
PFD near the TSO label or a ``MOD 52'' marking; if the label or mark is 
not present, do the PFD air data system performance verification test; 
if the PFD passes the test, remove the operational limitations 
requirement; or if the PFD does not pass the test, remove the PFD, have 
the PFD factory serviced, install a PFD that has passed the air data 
system verification test or has been factory serviced (PFD bears a 
label marked ``Deviation 08-19A'' on the exterior of the PFD near the 
TSO label; or a ``MOD 52'' marking); and

[[Page 67430]]

remove the operational limitations requirement. This proposed AD also 
reduces the serial number applicability from that of AD 2008-06-28 R1 
due to Avidyne modifying PFDs at the factory.
    This condition, if not corrected, 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.

Relevant Service Information

    We have reviewed Avidyne Service Bulletin No. 601-00006-096, 
Revision 1, dated July 14, 2008.
    The service information describes procedures for:
     Identifying possible Avidyne PFDs by serial number;
     Identifying PFDs that have already been serviced;
     Doing Avidyne PFD air data system performance verification 
test procedures; and
     Having any Avidyne PFD that has not passed the air data 
system verification test or has not been factory serviced (PFD does not 
bears a label marked ``Deviation 08-19A'' on the exterior of the PFD 
near the TSO label; or a ``MOD 52'' marking) serviced.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This proposed AD 
would supersede AD 2008-06-28 R1 with a new AD that would 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. This proposed AD 
would require you to use the service information described previously 
to perform these actions.

Differences Between This Proposed AD and the Service Information

    The proposed AD includes terminating action for the requirement of 
AD 2008-06-28 R1 to incorporate information that limits operation when 
certain conditions for the PFD or backup instruments exist. The 
requirements of this proposed AD, if adopted as a final rule, would 
take precedence over the provisions in the service information.

Costs of Compliance

    We estimate that this proposed AD would affect 384 airplanes in the 
U.S. registry.
    We estimate the following costs to do the proposed 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:

------------------------------------------------------------------------
                                                         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 
rulemaking action.

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. 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 regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://www.regulations.gov; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 67431]]

the FAA 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 removing Airworthiness Directive 
(AD) 2008-06-28 R1, Amendment 39-15468 (73 FR 19963, April 14, 2008), 
and adding the following new AD:

Avidyne Corporation: Docket No. FAA-2008-1210; Directorate 
Identifier 2008-CE-047-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by January 13, 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) that are installed on, but not 
limited to the airplanes below that are certificated in any 
category. Paragraph (d) of this AD gives procedures to determine if 
an affected serial number is installed.
    (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 be able to positively show that it is not 
one of the affected serial numbers or comply with paragraph (f), all 
subparagraphs, as applicable in this AD. You must follow the actions 
in the paragraphs below to determine what actions of paragraph (f) 
apply. 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 service procedure 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/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:

[[Page 67432]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Incorporate the           Prior to further      Under 14 CFR 43.7,
 operational limitations       flight after the      the owner/operator
 below by doing whichever of   effective date of     holding at least a
 the following applies:        this AD.              private pilot
(i) For airplanes with an                            certificate is
 airplane flight manual                              allowed to insert
 (AFM), pilot's operating                            the information
 handbook (POH), or airplane                         into the AFM, POH,
 flight manual supplement                            AFMS, or
 (AFMS), incorporate the                             maintenance records
 language in the Appendix of                         as required in
 this AD into the                                    paragraph (f)(1)(i)
 Limitations section of the                          or (f)(1)(ii)(A) of
 AFM, POH, or AFMS.                                  this AD and
(ii) For airplanes without                           fabricate the
 an AFM, POH, or AFMS, do                            placard required in
 the following:.                                     paragraph
(A) Incorporate the language                         (f)(1)(ii)(B) of
 in the Appendix of this AD                          this AD. Make an
 into your aircraft                                  entry into the
 maintenance records; and.                           aircraft records
(B) Fabricate a placard                              showing compliance
 (using at least 1/8-inch                            with these portions
 letters) with the following                         of the AD in
 words and install the                               accordance with 14
 placard on the instrument                           CFR 43.9.
 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       Within the next 15    Follow Avidyne
 marked ``Deviation 08-19A''   days after the        Service Bulletin
 on the exterior of the PFD    effective date of     No. 601-00006-096,
 near the TSO label or a       this AD.              Revision 1, dated
 ``MOD 52'' marking.                                 July 14, 2008.
(i) If the label marked
 ``Deviation 08-19A'' or
 ``MOD 52'' marking is
 present, then the factory
 servicing required by
 paragraph (f)(4) of this AD
 is incorporated. 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 mark 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     Within the next 15    Follow Avidyne
 test required in paragraph    days after the        Service Bulletin
 (f)(2)(ii) of this AD,        effective date of     No. 601-00006-096,
 remove the limitations        this AD.              Revision 1, dated
 required by paragraph                               July 14, 2008.
 (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  Within the next 15    Follow Avidyne
 the test required in          hours TIS after the   Service Bulletin
 paragraph (f)(1)(ii) of       effective date of     No. 601-00006-096,
 this AD, do the following:    this AD.              Revision 1, dated
(i) Remove the PFD, have the                         July 14, 2008.
 PFD factory serviced, and
 install a PFD that has
 passed the air data system
 verification test or has
 been factory serviced (PFD
 bears a label marked
 ``Deviation 08-19A'' on the
 exterior of the PFD near
 the TSO label or a ``MOD
 52'' marking);.
(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 67433]]

 
(5) Do not install any PFD    As of the effective   Not applicable.
 (P/Ns 700-00006-000, 700-     date of this AD.
 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,
 unless it has passed the
 air data system
 verification test or has
 been factory serviced (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, phone: (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.

Related Information

    (i) To get copies of the service information referenced in this 
AD, contact Avidyne Corporation, 55 Old Bedford Road, Lincoln, MA 
01773; telephone: (781) 402-7400; fax: (781) 402-7599. 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.

Appendix to Docket No. FAA-2008-1210 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:
     Preflight check of the accuracy of both the primary and 
backup altimeter against known airfield elevation and against each 
other.
     Verification of airspeed indications consistent with 
prevailing conditions at startup, during taxi, and prior to takeoff.
     ``Airspeed alive'' check and reasonable indications 
during takeoff roll.
     Maintenance of current altimeter setting in both 
primary and backup altimeters.
     Cross-check of primary and backup altimeters at each 
change of altimeter setting and prior to entering instrument 
meteorological conditions (IMC).
     Cross-check of primary and backup altimeters and 
validation against other available data, such as glideslope 
intercept altitude, prior to conducting any instrument approach.
     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 November 7, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-27082 Filed 11-13-08; 8:45 am]
BILLING CODE 4910-13-P