[Federal Register: February 27, 2009 (Volume 74, Number 38)]

[Rules and Regulations]

[Page 8856-8860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe09-4]

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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; Amendment 39-15829;

AD 2009-05-05]

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: Final rule.

––––––––––––––––––––––––––––––––––

SUMMARY: We are adopting a new airworthiness directive (AD) to supersede 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
modification that will correct the problems on these Avidyne PFDs and also factory modified certain
serial number PFDs. To terminate the operational limitations of AD 2008-06-28 R1, this AD adds
actions to assure any affected serial number PFD complies with one of the following: Passes the air
data system performance verification test, receives the factory modification, or is replaced with a
PFD that has complied with one of the previous two conditions or is not one of the affected serial
number PFDs. Consequently, this AD will retain the actions from the previous AD until the added
terminating action has been complied with. 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.

DATES: This AD becomes effective on April 3, 2009.

On April 3, 2009, the Director of the Federal Register approved the incorporation by reference of
certain publications listed in this AD.

ADDRESSES: For service information identified in this AD, contact Avidyne Corporation, 55 Old
Bedford Road, Lincoln, MA 01773; telephone: (781) 402-7400; fax: (781) 402-7599; E-mail:
techsupport@avidyne.com; Internet: http://www.avidyne.com/.

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 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. The docket number is FAA-2008-1210;
Directorate Identifier 2008-CE-047-AD.

FOR FURTHER INFORMATION CONTACT: Solomon Hecht, Aerospace Engineer, ANE-150,

Boston Aircraft Certification Office, 12 New England Executive Park, Burlington, Massachusetts
01803, telephone: (781) 238-7159, fax: (781) 238-7170.

SUPPLEMENTARY INFORMATION:

Discussion

On November 7, 2008, we issued a proposal to amend part 39 of the Federal Aviation

Regulations (14 CFR part 39) to include an AD that would apply to certain Avidyne PFDs P/Ns 700-
00006-000, -001, -002, -003, and -100 that are installed on airplanes. This proposal was published in
the Federal Register as a notice of proposed rulemaking (NPRM) on November 14, 2008 (73 FR
67429). The NPRM proposed to 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.

Comments

We provided the public the opportunity to participate in developing this AD. The following
presents the comment received on the proposal and FAA's response to the comment:

Comment Issue: Affected Units Identified in Service Information

Mr. Frederic Barber, Avidyne Corporation, comments that Avidyne has updated their service
information and issued Revision 2. He notes the test and repair requirements remain unchanged, but
the list of serial numbers has been updated to remove those PFDs known to have been serviced since
Revision 1 was published. Mr. Barber recommends that the proposed AD be modified to reference
Revision 2.
We do not agree that the proposed AD be modified to reference Revision 2 of the service
information. Some units may have already had the modification done per Revision 1 and these serial
numbers may be reflected in the Revision 2 of the service information. Paragraph 35.c. of FAA AD
Manual, FAA-IR-M-8040.1B (FAA-AIR-M-8040.1), dated May 28, 2008, reads:

The fact that an AD has been complied with by all owners/operators does not make the
AD (the change in type design) unnecessary. Therefore, an AD must never be removed
based on the representation of a manufacturer that all affected aircraft are in compliance
with the AD, or the information that there are no affected aircraft left on the U.S. registry.

With this in mind, we have determined that we also should not base the applicability on the
manufacturer's assurance that certain units have since been modified, but rather should base the
applicability on those units that originally needed the modification. The ''unless already done'' phrase
in the AD would give AD credit to those that have already incorporated the modification.
We are not changing the final AD rule action as a result of this comment.

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Conclusion

We have carefully reviewed the available data and determined that air safety and the public
interest require adopting the AD as proposed except for minor editorial corrections. We have
determined that these minor corrections:
• Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition;
and
• Do not add any additional burden upon the public than was already proposed in the NPRM.

Costs of Compliance

We estimate that this AD affects 384 airplanes in the U.S. registry.

We estimate the following costs to do the serial number determination:

Labor Cost Parts Cost Total Cost Per Total Cost on U.S.
Airplane 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:

Labor Cost Parts Cost Total Cost Per Airplane

4 work-hours X $80 per hour = $320 Not applicable $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 AD.

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 this AD:
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.

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 We prepared a summary of the costs to comply with this AD (and other information as included
in the Regulatory Evaluation) 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 ''Docket No. FAA-2008-
1210; Directorate Identifier 2008-CE-047-AD'' in your request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

Accordingly, under 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.

§ 39.13 [Amended]

2. The FAA amends § 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:

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 AIRWORTHINESS DIRECTIVE
FAA
Aircraft Certification Service www.faa.gov/aircraft/safety/alerts/
www.gpoaccess.gov/fr/advanced.html

2009-05-05 Avidyne Corporation: Amendment 39-15829; Docket No. FAA-2008-1210; Directorate

Identifier 2008-CE-047-AD.

Effective Date

(a) This AD becomes effective on April 3, 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. Paragraph (d) of this AD gives procedures to determine if an affected serial number is
installed on your airplane. This AD applies to affected serial number PFDs that are installed on, but
not limited to the airplanes below that are certificated in any category.
(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
positively show that it is not one of the affected serial numbers or comply with paragraph (f), all
subparagraphs, as applicable in this AD. 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.

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 (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 modification 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:

Actions Compliance Procedures

(1) Incorporate the operational limitations below by Prior to further Under 14 CFR 43.7,
doing whichever of the following applies: flight after the owner/operator
April 3, 2009 holding at least a
(i) For airplanes with an airplane flight manual
(the effective private pilot certificate
(AFM), pilot’s operating handbook (POH), or airplane
date of this is allowed to insert the
flight manual supplement (AFMS), incorporate the
AD). information into the
language in the Appendix of this AD into the
AFM, POH, AFMS, or
Limitations section of the AFM, POH, or AFMS.
maintenance records as
(ii) For airplanes without an AFM, POH, or AFMS, required in paragraph
do the following: (f)(1)(i) or (f)(1)(ii)(A)
(A) Incorporate the language in the Appendix of this of this AD and
AD into your aircraft maintenance records; and fabricate the placard
required in paragraph
(B) Fabricate a placard (using at least 1/8-inch (f)(1)(ii)(B) of this AD.
letters) with the following words and install the Make an entry into the
placard on the instrument panel within the pilot's clear aircraft records
view: “THIS AD AND SUPERSEDED AD 2008-06- showing compliance
28 R1 CONTAIN LIMITATIONS REGARDING with these portions of
AVIDYNE PRIMARY FLIGHT DISPLAYS (PFD) the AD in accordance
AND REQUIRED INCORPORATION OF THESE with 14 CFR 43.9.
LIMITATIONS INTO THE AIRCRAFT RECORDS.
YOU MUST FOLLOW THESE LIMITATIONS.”

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(2) Inspect for a label marked “Deviation 08-19A” on Within the next Follow Avidyne
the exterior of the PFD near the TSO label or a “MOD 15 days after Service Bulletin No.
52” marking. April 3, 2009 601-00006-096,
(the effective Revision 1, dated
(i) If the label marked “Deviation 08-19A”or “MOD
date of this July 14, 2008.
52” marking is present, then the PFD has received the
AD).
factory modification. 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 marking 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 test required in paragraph Within the next Follow Avidyne
(f)(2)(ii) of this AD, remove the limitations required 15 days after Service Bulletin No.
by paragraph (f)(1) of this AD and AD 2008-06-28 April 3, 2009 601-00006-096,
R1. Except for the actions of paragraph (f)(5) of this (the effective Revision 1, dated
AD, no further action is required by this AD. date of this July 14, 2008.
AD).
(4) If the PFD does not pass the test required in Within the next Follow Avidyne
paragraph (f)(2)(ii) of this AD, do the following: 15 days after Service Bulletin No.
April 3, 2009 601-00006-096,
(i) Remove the PFD, install a PFD that has passed
the air data system performance verification test, has (the effective Revision 1, dated
been factory modified (PFD bears a label marked date of this July 14, 2008.
AD).
“Deviation 08-19A” on the exterior of the PFD near
the TSO label or a “MOD 52” marking), or is not one
of the affected serial number PFDs;
(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.
(5) Do not install any PFD (P/Ns 700-00006-000, 700- As of April 3, Not applicable.
00006-001, 700-00006-002, 700-00006-003, or 2009 (the
700-00006-100) with any affected serial number listed effective date of
in Avidyne Service Bulletin No. 601-00006-096, this AD).
Revision 1, dated July 14, 2008, unless it has passed
the air data system performance verification test or has
been factory modified (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, telephone: (781) 238-7159, fax:
(781) 238-7170. Before using any approved AMOC on any airplane to which the AMOC applies,

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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.

Material Incorporated by Reference

(i) You must use Avidyne Service Bulletin No. 601-00006-096, Revision 1, dated July 14, 2008,
to do the actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the incorporation by reference of this service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact Avidyne Corporation, 55 Old Bedford
Road, Lincoln, MA 01773; telephone: (781) 402-7400; fax: (781) 402-7599; E-mail:
techsupport@avidyne.com; Internet: http://www.avidyne.com/.
(3) You may review copies of the service information incorporated by reference for this AD at
the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the Central Region, call (816) 329-3768.
(4) You may also review copies of the service information incorporated by reference for this AD
at the National Archives and Records Administration (NARA). For information on the availability of
this material at NARA, call (202) 741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Appendix to Airworthiness Directive 2009-05-05 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.

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 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 February 19, 2009.

John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.