[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Rules and Regulations]
[Pages 11003-11004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4942]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28689; Directorate Identifier 2006-SW-17-AD; 
Amendment 39-15832; AD 2009-05-08]
RIN 2120-AA64


Airworthiness Directives; Trimble or FreeFlight Systems 2101 I/O 
Approach Plus Global Positioning System (GPS) Navigation Systems

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the Trimble or FreeFlight Systems 2101 I/O Approach Plus global 
positioning system (GPS) navigation system (2101 I/O Approach Plus 
system) that requires a software upgrade for this system. This 
amendment is prompted by an incident that led to the discovery of 
several annunciation errors with the 2101 I/O Approach Plus system. The 
actions specified by this AD are intended to prevent a pilot from 
making an unsafe decision based on erroneous information provided by 
the 2101 I/O Approach Plus system, which could result in loss of 
control of the aircraft.

DATES: Effective April 20, 2009.

ADDRESSES: You may get the service information identified in this AD 
from FreeFlight Systems, 3700 IH 35, Waco, Texas, USA, 76706, or by 
calling (254) 662-0000 or on the Internet at http://www.freeflightsystems.com.
    Examining the Docket: You may examine the docket that contains this 
AD, any comments, and other information on the Internet at http://www.regulations.gov or at the Docket Operations office, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Sung-Hui Cavazos, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Special Certification Office, 
Fort Worth, Texas 76193-0190, telephone (817) 222-5142, fax (817) 222-
5785.

SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to 
include an AD for the specified navigation system was published in the 
Federal Register on July 13, 2007 (72 FR 38532). That action proposed 
to require, within 180 days after the effective date of the AD for 
aircraft approved for instrument flight rule (IFR) flight, or 270 days 
after the effective date of the AD for aircraft approved for visual 
flight rule (VFR) flight, upgrading the 2101 I/O Approach Plus system 
software to correct several software errors.
    Freeflight Systems issued Service Information Letter (SIL) 81440-
XX-00-17, dated November 7, 2005, when the manufacturer believed that 
software version 241H would correct the erroneous information displays. 
However, version 241H did not correct all the errors. Therefore, 
FreeFlight Systems issued SIL 81440-XX-00-19, dated May 10, 2006, which 
describes the release of new operating system software, version 241J, 
``that makes communication between the Host and the GPS processors more 
robust.'' Freeflight Systems subsequently issued Service Bulletin No. 
SB 81440-XX-00-19, dated December 12, 2006, that contains the 
instructions for obtaining and upgrading the software to version 241J. 
Although the proposed AD included a Note referencing SIL 81440-XX-00-
17, this AD references the most recently available service information, 
Service Bulletin No. SB 81440-XX-00-19, dated December 12, 2006.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    The commenter, FreeFlight Systems, states that ``the proposed AD 
specifies 81440-13-XXXX as being applicable for this upgrade. The 
81440-13-XXXX is a number assigned for an NVG (night vision goggles) 
version of the 81440 that was never put into production so no units 
exist that would require this upgrade. The 81440-13-XXXX was included 
in error in the AD Worksheet identifying applicable systems provided to 
the FAA by FreeFlight Systems.'' Therefore, part number (P/N) 81440-13-
XXXX (where XXXX is -241E, -241F, or 241G) should be removed from the 
AD. The FAA concurs and has removed those P/Ns from the AD.
    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 described 
previously. The FAA has determined that these changes will neither 
increase the economic burden

[[Page 11004]]

on any operator nor increase the scope of the AD.
    The FAA estimates that this AD will affect 259 2101 I/O Approach 
Plus systems installed on aircraft of U.S. registry, and the required 
actions will take approximately 2 work hours per aircraft to accomplish 
at an average labor rate of $80 per work hour. Required parts will cost 
approximately $300 per aircraft. Based on these figures, we estimate 
the total cost impact of the AD on U.S. operators to be $72,520, 
assuming one 2101 I/O Approach Plus system is installed on each 
aircraft, the manufacturer will provide all $300 in parts at no cost, 
and the only costs for these parts will be $120 for shipping costs for 
each unit.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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 an economic evaluation of the estimated costs to comply 
with this AD. See the AD docket to examine the economic evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
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

0
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]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2009-05-08 Trimble or Freeflight Systems: Amendment 39-15832. Docket 
No. FAA-2007-28689; Directorate Identifier 2006-SW-17-AD.

Applicability

    All aircraft with a Trimble or FreeFlight Systems 2101 I/O 
Approach Plus global positioning system (GPS) navigation system 
(2101 I/O Approach Plus system), part number 81440-xx-241E, 81440-
xx-241F, or 81440-xx-241G (xx indicates either the numbers 02, 03, 
or 12), with software revision -241E, -241F, or 241G, installed, 
certificated in any category.

Compliance

    Required within 180 days after the effective date of this AD for 
aircraft approved for instrument flight rule (IFR) flight, or 270 
days after the effective date of this AD for aircraft approved for 
visual flight rule (VFR) flight, unless accomplished previously.
    To prevent a pilot from making an unsafe decision based on 
erroneous information provided by the 2101 I/O Approach Plus system, 
which could result in loss of control of the aircraft, accomplish 
the following:
    (a) Upgrade the system software of any Trimble or FreeFlight 
Systems 2101 I/O Approach Plus GPS navigation system, part number 
(P/N) 81440-xx-241E, 81440-XX-241F, or 81440-xx-241G (xx indicates 
the numbers 02, 03, or 12), that currently has software revision -
241E, -241F, or -241G, to system software revision, P/N 81440-XX-
241J.

    Note: Sections II and III of FreeFlight Systems Service Bulletin 
No. SB 81440-XX-00-19, dated December 12, 2006, pertains to the 
requirements of this AD.

    (b) Upgrading the Trimble or FreeFlight Systems 2101 I/O 
Approach Plus GPS Navigation System's software, to system software 
revision, P/N 81440-xx-241J, is considered a terminating action for 
the requirements of this AD.
    (c) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Manager, Special Certification Office, FAA, ATTN: Sung-
Hui Cavazos, Aviation Safety Engineer, FAA, Rotorcraft Directorate, 
Special Certification Office, Fort Worth, Texas 76193-0190, 
telephone (817) 222-5142, fax (817) 222-5785, for information about 
previously approved alternative methods of compliance.
    (d) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the aircraft to a location where 
the requirements of this AD can be accomplished provided that the 
aircraft is operated under VFR only.
    (e) This amendment becomes effective on April 20, 2009.

    Issued in Fort Worth, Texas, on February 19, 2009.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E9-4942 Filed 3-13-09; 8:45 am]
BILLING CODE 4910-13-P