AD 97-05-03 R1

Events Leading to the Issuance of This AD A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to aircraft equipped with an AlliedSignal Models GNS-XLS or GNS-XL global positioning systems (GPS) flight management system was published in the Federal Register as a notice of proposed rulemaking (NPRM) on October 29, 1998 (63 FR 57955). The NPRM proposed to revise AD 97-05-03, Amendment 39-9947 (62 FR 8617, February 26, 1997), which currently requires inserting the following limitation into the Operations Limitations Section of the AFM or Flight Manual Supplement for all owners/operators of aircraft equipped with an AlliedSignal Models GNS-XLS or GNS-XL GPS flight management system: "Operating Limitations The GNS-XL (or GNS-XLS) is not approved for non-precision approaches. NOTE The GNS-XL (or GNS-XLS) may generate misleading information during non-precision GPS or Overlay approaches due to software limitations."

The NPRM proposed to retain the AFM requirements of AD 97-05-03, and would incorporate the hardware and software modifications specified in GlobalWulfsberg Software Bulletin No: GNS-XL-SW1, dated February 1997, and BENDIX/KING Software Bulletin No: GNS-XLS-SW2, dated February 1997, into the AD, as an alternative method of compliance to the AFM requirements.

The NPRM was the result of AlliedSignal issuing service information that specifies procedures for accomplishing hardware and software modifications to the affected flight management systems. The Federal Aviation Administration (FAA) determined that accomplishment of the actions of the service bulletins should be considered as an alternative method of compliance to the actions of AD 97-05-03.

Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposed rule or the FAA's determination of the cost to the public.

The FAA's Determination After careful review of all available information related to the subject presented above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. The FAA has determined that these minor corrections will not change the meaning of the AD and will not add any additional burden upon the public than was already proposed.

Compliance Time of This AD The condition specified by this AD is not caused by actual hours time-in-service (TIS) of the aircraft where the affected flight management systems are installed. The need for the AFM requirement or hardware and software modifications has no correlation to the number of times the equipment is utilized or the age of the equipment. For this reason, the compliance time of this AD (as was AD 97-05-03) is presented in calendar time instead of hours TIS.

Cost Impact The FAA estimates that 110 of the affected flight management systems are installed on aircraft of U.S. registry. This AD will require the same actions as AD 97-05-03, except it allows for accomplishing hardware and software modifications to the affected flight management systems, as an alternative method of compliance.

It will take approximately 1 workhour per aircraft with the affected flight management system installed to accomplish the hardware and software modifications. No parts are required to incorporate the modifications. Based on these figures, the total cost impact of this AD on the U.S. operators of the affected aircraft who choose to incorporate the software and hardware modifications (instead of the AFM limitation) is estimated to be $6,600, or $60 per airplane.

For U.S. operators who choose to incorporate the AFM limitations, an owner/operator of the affected airplanes holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) can accomplish this action provided an entry is made in the aircraft records showing compliance with this AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). Therefore, the only cost impact of incorporating the AFM limitation is the time it will take each owner/operator of the affected aircraft to accomplish the action.

Regulatory Impact The regulations adopted herein will not have substantial direct effects 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, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this action (1) is not a "significant regulatory action" under Executive Order 12866; (2) is not a "significant rule" under 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. A copy of the final 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, Incorporation by reference, Safety.

Adoption of the Amendment 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 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. Section 39.13, is amended by removing AirworthinessDirective (AD) 97-05-03, Amendment 39-9947 (62 FR 8617, February 26, 1997), and adding a new AD to read as follows: