Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes, 34274-34276 [E9-16778]
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34274
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules
srobinson on DSKHWCL6B1PROD with PROPOSALS
Revision 2 has been issued to add useful
references and to update the applicability.
For the reasons described above, this new
EASA AD retains the requirements of DGAC
Spain AD Nr. 1/97 Rev.1, which is
superseded, and confirms the approval of
additional outer flaps replacement options,
as specified in paragraph 2 E.2 of EADS–
CASA SB 235–57–20 R2.
Fatigue cracking of the rear internal
support fittings and longerons of the outer
flap structure could result in failure of the
outer flaps, and consequent reduced
controllability of the airplane.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) For airplanes equipped with P/N 35–
A0736–0001 or –0002 outer flaps: Within 300
flight cycles after the effective date of this
AD, do a borescopic inspection to detect
cracking of the outer flaps fittings and
longerons, in accordance with the
Accomplishment Instructions of CASA
Service Bulletin SB–235–57–20, Revision 2,
dated March 30, 2007.
(2) For airplanes equipped with Part
Number (P/N) 35–15501–0001, –0002, –0003,
or –0004 outer flaps: At the earlier of the
times specified in paragraphs (f)(2)(i) and
(f)(2)(ii) of this AD, do a borescopic
inspection to detect cracking of the outer
flaps fittings; and within 300 flight cycles
after the effective date of this AD, do a
borescopic inspection to detect cracking of
the longerons. Do the inspections in
accordance with the Accomplishment
Instructions of CASA Service Bulletin SB–
235–57–20, Revision 2, dated March 30,
2007.
(i) Within 600 flight cycles after the most
recent inspection done in accordance with
AD 99–07–13, or within 14 days after the
effective date of this AD, whichever occurs
later.
(ii) Within 300 flight cycles after the
effective date of this AD.
(3) If, during any inspection required by
paragraph (f)(1) or (f)(2) of this AD, no crack
is detected, repeat the borescopic inspections
of the outer flap fittings and longerons in
accordance with the Accomplishment
Instructions of CASA Service Bulletin SB–
235–57–20, Revision 2, dated March 30,
2007, thereafter at intervals not to exceed 300
flight cycles or 6 months, whichever occurs
first, until the replacement specified in
paragraph (f)(4) or (f)(5) of this AD is
accomplished.
(4) If any crack is detected during any
inspection required by paragraph (f)(1), (f)(2),
or (f)(3) of this AD, prior to further flight,
replace the outer flap with a new or
retrofitted flap in accordance with the
Accomplishment Instructions of CASA
Service Bulletin SB–235–57–20, Revision 2,
dated March 30, 2007. Such replacement
constitutes terminating action for the
repetitive borescopic inspection required by
this AD for the replaced outer flap only.
(5) For affected parts that have not been
replaced in accordance with paragraph (f)(4)
of this AD: At the later of the times specified
in paragraphs (f)(5)(i) and (f)(5)(ii) of this AD,
replace each outer flap with a new or
VerDate Nov<24>2008
15:16 Jul 14, 2009
Jkt 217001
retrofitted outer flap in accordance with the
Accomplishment Instructions of CASA
Service Bulletin SB–235–57–20, Revision 2,
dated March 30, 2007. Replacing all outer
flaps terminates the requirements of this AD.
(i) Before the accumulation of 4,000 total
flight cycles on the flap.
(ii) Within 1,200 flight cycles or 24 months
after the effective date of this AD, whichever
occurs first.
(6) Actions done before the effective date
of this AD in accordance with CASA Service
Bulletin SB–235–57–20, dated December 23,
1997; or Revision 1, dated April 30, 2004; are
acceptable for compliance with the
corresponding requirements of paragraph
(f)(2) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, Transport Airplane Directorate, 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:
Shahram Daneshmandi, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; telephone (425) 227–1112; fax (425)
227–1149. Before using any approved AMOC
on any airplane to which the AMOC applies,
notify your principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI EASA Airworthiness
Directive 2008–0119, dated June 27, 2008;
and CASA Service Bulletin SB–235–57–20,
Revision 2, dated March 30, 2007; for related
information.
Issued in Renton, Washington, on July 2,
2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–16762 Filed 7–14–09; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0649; Directorate
Identifier 2008–NM–218–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A319, A320, and A321 Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
Two incidents [of near mid-air collision]
have occurred on Airbus A320 Family
aircraft during [a] Resolution Advisory [from
the] Traffic Alert and Collision Avoidance
System (TCAS). One of the Human-Machine
Interface (HMI) factors was the lack of
visibility of relevant information on the
Primary Flight Display (PFD).
This condition, if not corrected, could
result in erroneous interpretation of TCAS
Resolution Advisories, leading to an
increased risk of mid-air collision.
*
*
*
*
*
The proposed AD would require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by August 14, 2009.
ADDRESSES: You may send comments 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: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact Airbus,
Airworthiness Office—EAS, 1 Rond
Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; e-mail
E:\FR\FM\15JYP1.SGM
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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules
account.airworth-eas@airbus.com;
Internet https://www.airbus.com. You
may review copies of the referenced
service information at the FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington.
For information on the availability of
this material at the FAA, call 425–227–
1221 or 425–227–1152.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Tim
Dulin, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2141; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with PROPOSALS
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2009–0649; Directorate Identifier
2008–NM–218–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2008–0198,
dated November 4, 2008 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. The MCAI states:
Two incidents [of near mid-air collision]
have occurred on Airbus A320 Family
VerDate Nov<24>2008
15:16 Jul 14, 2009
Jkt 217001
aircraft during [a] Resolution Advisory [from
the] Traffic Alert and Collision Avoidance
System (TCAS). One of the Human-Machine
Interface (HMI) factors was the lack of
visibility of relevant information on the
Primary Flight Display (PFD).
This condition, if not corrected, could
result in erroneous interpretation of TCAS
Resolution Advisories, leading to an
increased risk of mid-air collision.
EIS1 [Electronic Instrument System]
software standard V60 introduces
modifications to the vertical speed indication
to further improve the legibility in the case
of TCAS Resolution Advisory. This
modification consists of a change in the
needle colour and thickness and an increase
in width of the TCAS green band.
For the reasons described above, this AD
requires the introduction of the new software
standard V60 and prohibits reinstallation of
earlier software versions V32, V40 and V50.
You may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
Airbus has issued Mandatory Service
Bulletin A320–31–1286, dated January
22, 2008. The actions described in this
service information are intended to
correct the unsafe condition identified
in the MCAI.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a NOTE within the
proposed AD.
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34275
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 564 products of U.S.
registry. We also estimate that it would
take about 4 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Required
parts would cost about $0 per product.
Where the service information lists
required parts costs that are covered
under warranty, we have assumed that
there will be no charge for these costs.
As we do not control warranty coverage
for affected parties, some parties may
incur costs higher than estimated here.
Based on these figures, we estimate the
cost of the proposed AD on U.S.
operators to be $180,480, or $320 per
product.
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 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 this 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
E:\FR\FM\15JYP1.SGM
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34276
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules
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.
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,
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Airbus: Docket No. FAA–2009–0649;
Directorate Identifier 2008-NM–218–AD.
Comments Due Date
(a) We must receive comments by August
14, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A319–
111, –112, –113, –114, –115, –131, –132, and
–133 airplanes; Model A320–111, –211, –212,
–214, –231, –232, and –233 airplanes; and
Model A321–111, –112, –131, –211, –212,
–213, –231, and –232 airplanes; certificated
in any category; all manufacturer serial
numbers (MSN); equipped with Electronic
Instrument System 1 (EIS1) standard V32
(Display Management Computer (DMC) Part
Number (P/N) 9615325032), EIS1 standard
V40 (DMC P/N 9615325040), or EIS1
standard V50 (DMC P/N 9615325050).
srobinson on DSKHWCL6B1PROD with PROPOSALS
Subject
(d) Air Transport Association (ATA) of
America Code 31: Instruments.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Two incidents [of near mid-air collision]
have occurred on Airbus A320 Family
aircraft during [a] Resolution Advisory [from
the] Traffic Alert and Collision Avoidance
System (TCAS). One of the Human-Machine
Interface (HMI) factors was the lack of
visibility of relevant information on the
Primary Flight Display (PFD).
This condition, if not corrected, could
result in erroneous interpretation of TCAS
Resolution Advisories, leading to an
increased risk of mid-air collision.
EIS1 software standard V60 introduces
modifications to the vertical speed indication
VerDate Nov<24>2008
15:16 Jul 14, 2009
Jkt 217001
to further improve the legibility in the case
of TCAS Resolution Advisory. This
modification consists of a change in the
needle colour and thickness and an increase
in width of the TCAS green band.
For the reasons described above, this AD
requires the introduction of the new software
standard V60 and prohibits reinstallation of
earlier software versions V32, V40 and V50.
dated January 22, 2008, for related
information.
Actions and Compliance
(f) Unless already done, do the following
actions:
(1) Within 60 months after the effective
date of this AD, modify the airplane by
installing EIS1 software standard V60 (DMC
P/N 9615325060) in accordance with the
instructions of Airbus Mandatory Service
Bulletin A320–31–1286, dated January 22,
2008.
(2) After modifying an airplane as required
by paragraph (f)(1) of this AD, no person
shall install EIS1 software standard V32
(DMC P/N 9615325032), EIS1 software
standard V40 (DMC P/N 9615325040), or
EIS1 software standard V50 (DMC P/N
9615325050) on that airplane.
BILLING CODE 4910–13–P
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, 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: Tim Dulin,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–2141; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency Airworthiness Directive 2008–
0198, dated November 4, 2008; and Airbus
Mandatory Service Bulletin A320–31–1286,
PO 00000
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Issued in Renton, Washington, on July 9,
2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–16778 Filed 7–14–09; 8:45 am]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0610; Directorate
Identifier 2009–NM–021–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
The result of re-assessment of rotor burst
analysis has shown the possibility of loss of
electrical power supply to the following
aircraft systems: Air Data System (ADS),
Ailerons, Multifunctional spoilers and
rudder, which result in loss of the aircraft
pitch and yaw control.
*
*
*
*
*
The proposed AD would require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by August 14, 2009.
ADDRESSES: You may send comments 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: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
E:\FR\FM\15JYP1.SGM
15JYP1
Agencies
[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Proposed Rules]
[Pages 34274-34276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16778]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0649; Directorate Identifier 2008-NM-218-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A319, A320, and A321
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
Two incidents [of near mid-air collision] have occurred on
Airbus A320 Family aircraft during [a] Resolution Advisory [from
the] Traffic Alert and Collision Avoidance System (TCAS). One of the
Human-Machine Interface (HMI) factors was the lack of visibility of
relevant information on the Primary Flight Display (PFD).
This condition, if not corrected, could result in erroneous
interpretation of TCAS Resolution Advisories, leading to an
increased risk of mid-air collision.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by August 14, 2009.
ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; e-mail
[[Page 34275]]
account.airworth-eas@airbus.com; Internet https://www.airbus.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221 or 425-227-1152.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0649;
Directorate Identifier 2008-NM-218-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0198, dated November 4, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Two incidents [of near mid-air collision] have occurred on
Airbus A320 Family aircraft during [a] Resolution Advisory [from
the] Traffic Alert and Collision Avoidance System (TCAS). One of the
Human-Machine Interface (HMI) factors was the lack of visibility of
relevant information on the Primary Flight Display (PFD).
This condition, if not corrected, could result in erroneous
interpretation of TCAS Resolution Advisories, leading to an
increased risk of mid-air collision.
EIS1 [Electronic Instrument System] software standard V60
introduces modifications to the vertical speed indication to further
improve the legibility in the case of TCAS Resolution Advisory. This
modification consists of a change in the needle colour and thickness
and an increase in width of the TCAS green band.
For the reasons described above, this AD requires the
introduction of the new software standard V60 and prohibits
reinstallation of earlier software versions V32, V40 and V50.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Airbus has issued Mandatory Service Bulletin A320-31-1286, dated
January 22, 2008. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 564 products of U.S. registry. We also estimate that
it would take about 4 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $180,480, or $320 per product.
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 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 this 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
[[Page 34276]]
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.
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, 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 adding the following new AD:
Airbus: Docket No. FAA-2009-0649; Directorate Identifier 2008-NM-
218-AD.
Comments Due Date
(a) We must receive comments by August 14, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes; Model A320-111, -211, -212, -
214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131,
-211, -212, -213, -231, and -232 airplanes; certificated in any
category; all manufacturer serial numbers (MSN); equipped with
Electronic Instrument System 1 (EIS1) standard V32 (Display
Management Computer (DMC) Part Number (P/N) 9615325032), EIS1
standard V40 (DMC P/N 9615325040), or EIS1 standard V50 (DMC P/N
9615325050).
Subject
(d) Air Transport Association (ATA) of America Code 31:
Instruments.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Two incidents [of near mid-air collision] have occurred on
Airbus A320 Family aircraft during [a] Resolution Advisory [from
the] Traffic Alert and Collision Avoidance System (TCAS). One of the
Human-Machine Interface (HMI) factors was the lack of visibility of
relevant information on the Primary Flight Display (PFD).
This condition, if not corrected, could result in erroneous
interpretation of TCAS Resolution Advisories, leading to an
increased risk of mid-air collision.
EIS1 software standard V60 introduces modifications to the
vertical speed indication to further improve the legibility in the
case of TCAS Resolution Advisory. This modification consists of a
change in the needle colour and thickness and an increase in width
of the TCAS green band.
For the reasons described above, this AD requires the
introduction of the new software standard V60 and prohibits
reinstallation of earlier software versions V32, V40 and V50.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within 60 months after the effective date of this AD, modify
the airplane by installing EIS1 software standard V60 (DMC P/N
9615325060) in accordance with the instructions of Airbus Mandatory
Service Bulletin A320-31-1286, dated January 22, 2008.
(2) After modifying an airplane as required by paragraph (f)(1)
of this AD, no person shall install EIS1 software standard V32 (DMC
P/N 9615325032), EIS1 software standard V40 (DMC P/N 9615325040), or
EIS1 software standard V50 (DMC P/N 9615325050) on that airplane.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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: Tim
Dulin, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 227-2141; fax (425) 227-1149. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0198, dated November 4, 2008; and Airbus Mandatory
Service Bulletin A320-31-1286, dated January 22, 2008, for related
information.
Issued in Renton, Washington, on July 9, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-16778 Filed 7-14-09; 8:45 am]
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