DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0794; Project Identifier AD-2020-01232-Q;
Amendment 39-21249; AD 2020-18-51]
RIN 2120-AA64
Airworthiness Directives; Sandia Attitude Indicators
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for
certain Sandia attitude indicators (attitude indicators). This AD was
sent previously to all known U.S. owners and operators of aircraft with
these attitude indicators installed. This AD requires revising the
existing Airplane Flight Manual (AFM) for your airplane to prohibit
operation under instrument flight rules (IFR) or night visual flight
rules (VFR) and prohibit coupling the autopilot with an affected
attitude indicator. This AD was prompted by reports of 54 failed
attitude indicators. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective September 28, 2020 to all persons except
those persons to whom it was made immediately effective by Emergency AD
2020-18-51, issued on August 28, 2020, which contains the requirements
of this AD.
The FAA must receive comments on this AD by October 26, 2020.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.
gov by searching for and locating Docket No. FAA-2020-
0794; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
street address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: John Felton, Aerospace Engineer,
Fort
Worth ACO Branch, Compliance & Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5171; email
john.felton@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On August, 28, 2020, the FAA issued Emergency AD 2020-18-51
(Emergency AD 2020-18-51) for attitude indicator part number (P/N)
306171-10 or 306171-20. Emergency AD 2020-18-51 requires revising the
existing AFM for your airplane to prohibit operation under IFR or night
VFR and prohibit coupling the autopilot with an affected attitude
indicator. These part-numbered attitude indicators may be marked as
BendixKing Model KI-300 or Sandia Model SAI-340A.
Emergency AD 2020-18-51 was prompted by a report of three failed
attitude indicator P/N 306171-10 units. Following the initial report,
an investigation revealed a total of 54 failed attitude indicator P/N
306171-10 units. Attitude indicator P/N 306171-20 is affected by the
same unsafe condition because it is identical to P/N 306171-10. The
effect of the failure was erroneous attitude data provided to the pilot
and autopilot, if equipped. In some instances, the pilot is unaware
that the data is erroneous or unreliable. In other instances, where the
aircraft is equipped with multiple displays, the pilot may be provided
with conflicting information, but will have no way to determine which
display contains the correct data.
This condition, if not addressed, could result in aeronautical
decision-making based on erroneous attitude information, which may
result in loss of control of the aircraft.
FAA's Determination
The FAA is issuing this AD after evaluating all the relevant
information and determining the unsafe condition described previously
is likely to exist or develop in other products of the same type
design.
AD Requirements
This AD requires, before further flight, revising the existing AFM
for your airplane to prohibit operation under IFR or night VFR and
prohibit coupling the autopilot with an affected attitude indicator.
Revising the existing AFM for your airplane may be performed by the
owner/operator (pilot) holding at least a private pilot certificate.
This authorization is an exception to our standard maintenance
regulations. The pilot must record compliance with this AD in the
aircraft maintenance records in accordance with 14 CFR 43.9(a)(1)
through (4) and 14 CFR 91.417(a)(2)(v). The record must be maintained
as required by 14 CFR 91.417. This authority is not applicable to
aircraft being operated under 14 CFR part 119.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that required the immediate adoption of
Emergency AD 2020-18-51, issued on August 28, 2020, to all known U.S.
owners and operators of aircraft with attitude indicator P/N 306171-10
or 306171-20 installed. The FAA found that the risk to the flying
public justified waiving notice and comment prior to adoption of this
rule because the required corrective actions must be completed before
further flight. These conditions still exist and the AD is hereby
published in the Federal Register as an amendment to section
39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it
effective to all persons. Therefore, the FAA finds good cause that
notice and opportunity for prior public comment are impracticable. In
addition, for the reason stated above, the FAA finds that good cause
exists for making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the Docket Number FAA-2020-
0794 and Project Identifier AD-2020-01232-Q at the beginning of your
comments. The FAA will consider all comments received by the closing
date and may amend this final rule because of those comments.
Except for Confidential Business Information as described in the
following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this final rule.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this final rule contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this final rule, it is important that
you clearly designate the submitted comments as CBI. Please mark each
page of your submission containing CBI as ``PROPIN.'' The FAA will
treat such marked submissions as confidential under the FOIA, and they
will not be placed in the public docket of this final rule. Submissions
containing CBI should be sent to John Felton, Aerospace Engineer, Fort
Worth ACO Branch, Compliance & Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5171; email
john.felton@faa.gov. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 1,211 units installed on
aircraft of U.S. Registry. Labor rates are estimated at $85 per work-
hour. Based on these numbers, the FAA estimates that operators may
incur the following costs in order to comply with this AD.
Revising the existing AFM for your airplane takes about 0.5 work-
hour for an estimated cost of $43 per aircraft and $52,073 for the U.S.
fleet.
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.
The FAA is 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
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, and
(2) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction.
List of Subjects in 14 CFR Part 39
Air transportation, Airplane, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 (AD):
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