Airworthiness Directives; Airbus Model A318-111, -112, A319, A320, and A321 Series Airplanes, 57578-57581 [E9-26586]
Download as PDF
57578
Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Rules and Regulations
contains the NPRM, 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.
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 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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
a disconnection would result in the loss of
emergency power to critical systems, with a
consequent adverse effect on the
controllability of the aircraft.
This directive mandates an inspection to
determine the type of wire in the installed
ADG power feeder harness. If the wires are
a * * * [aromatic polyimide] type, the ADG
power feeder harness is to be replaced with
one incorporating * * * [non-aromatic
polyimide] type wire.
Actions and Compliance
(f) Unless already done, within 26 months
after the effective date of this AD, inspect the
ADG power feeder harness to determine the
wire type, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 600–0737 or 601–0591, both
dated July 23, 2007, as applicable. A review
of airplane maintenance records is acceptable
in lieu of this inspection if the wire type of
the power feeder harness can be conclusively
determined from that review. If the wire type
is determined to be aromatic polyimide,
replace the ADG power feeder harness, before
further flight, in accordance with Part B of
the Accomplishment Instructions of
Bombardier Service Bulletin 600–0737 or
601–0591, both dated July 23, 2007, as
applicable.
2009–23–09 Bombardier, Inc. (Formerly
Canadair): Amendment 39–16081.
Docket No. FAA–2009–0689; Directorate
Identifier 2009–NM–092–AD.
FAA AD Differences
Effective Date
(a) This airworthiness directive (AD)
becomes effective December 14, 2009.
Other FAA AD Provisions
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes,
certificated in any category, as identified in
paragraphs (c)(1), (c)(2), and (c)(3) of this AD.
(1) Bombardier Model CL–600–1A11 (CL–
600) airplanes, serial numbers 1004 through
1085 inclusive.
(2) Bombardier Model CL–600–2A12 (CL–
601) airplanes, serial numbers 3001 through
3066 inclusive.
(3) Bombardier Model CL–600–2B16 (CL–
601–3A) airplanes, serial numbers 5001
through 5131 inclusive.
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Subject
(d) Air Transport Association (ATA) of
America Code 24: Electrical power.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Two cases have been reported in which the
ADG [air driven generator] has failed to
power the essential bus following in-flight
deployment as part of its periodic operational
check. Subsequent inspection revealed that
the ADG power feeder harness wire (* * *
[aromatic polyimide]) had chafed on the
backshell of its own connector (P1XC),
resulting in a short circuit, wire damage and
disconnection of the wire from the ADG.
Coupled with a dual generator failure, such
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15:01 Nov 06, 2009
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Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), 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: Wing
Chan, Aerospace Engineer, Avionics and
Flight Test Branch, ANE–172, FAA, New
York ACO, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone (516)
228–7311; fax (516) 794–5531. 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 FAAapproved 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.
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Related Information
(h) Refer to MCAI Canadian Airworthiness
Directive CF–2009–18, dated April 27, 2009;
and Bombardier Service Bulletins 600–0737
and 601–0591, both dated July 23, 2007; for
related information.
Material Incorporated by Reference
(i) You must use Bombardier Service
Bulletin 600–0737, dated July 23, 2007; or
Bombardier Service Bulletin 601–0591, dated
July 23, 2007; as applicable; 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
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514–855–5000; fax 514–
855–7401; e-mail
thd.crj@aero.bombardier.com; Internet https://
www.bombardier.com.
(3) You may review copies of the 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.
(4) You may also review copies of the
service information that is incorporated by
reference 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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on Ocotober
26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–26593 Filed 11–6–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–1215; Directorate
Identifier 2008–NM–072–AD; Amendment
39–16077; AD 2009–23–05]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A318–111, –112, A319, A320, and A321
Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
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Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Rules and Regulations
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 have occurred due to the
lack of visibility on the Primary Flight
Display (PFD) of the Traffic Alert and
Collision Avoidance System (TCAS)
indications.
*
*
*
*
*
We are issuing this AD to prevent
possible mid-air collisions due to lack of
visibility of TCAS indications on the
PFD. We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
December 14, 2009.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 14, 2009.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
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:
Discussion
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We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on November 17, 2008 (73 FR
67813). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
Two incidents have occurred due to the
lack of visibility on the Primary Flight
Display (PFD) of the Traffic Alert and
Collision Avoidance System (TCAS)
indications.
EIS2 [electronic instrument system 2]
standard S7 introduces modifications to the
vertical speed indication to improve the
legibility in case of TCAS Resolution
Advisory.
The modifications consist in changing the
colour of the needle and increasing the width
of the TCAS green band.
This AD supersedes [EASA] AD 2006–0108
[dated May 3, 2006]. Also, as all aircraft in
this AD applicability have been retrofitted to
at least S4.2 standard, the operational
limitations contained in the Compliance
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15:01 Nov 06, 2009
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paragraph 2. of AD 2006–0108 have already
been addressed.
This AD therefore mandates the
installation of the improved EIS2 standard
S7.
We are issuing this AD to prevent
possible mid-air collisions due to lack of
visibility of TCAS indications on the
PFD. You may obtain further
information by examining the MCAI in
the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Support for the AD
The Air Line Pilots Association,
International (ALPA), fully supports the
intent of the AD.
Request To Revise Applicability
Airbus requests that we remove the
reference to Airbus Service Bulletin
A320–31–1234 from paragraph (c),
‘‘Applicability,’’ of the NPRM. Airbus
explains that only airplanes that are
equipped with EIS2 standard 4.2
installed by Modification 34571 or
Airbus Service Bulletin A320–31A1220
have the unsafe condition identified in
the NPRM; airplanes equipped with
EIS2 standard 4 installed in accordance
with Airbus Service Bulletin A320–31–
1234 are not affected by the unsafe
condition. Airbus also explains that
there are some ‘‘anti’’ modifications
existing to retrieve EIS1 configuration
which do not have this unsafe condition
identified in the NPRM and should be
excluded from the applicability.
We agree with the request to revise
the applicability of the AD. We have
revised paragraph (c) of this AD to
remove the reference to Airbus Service
Bulletin A320–31–1234. We have also
revised paragraph (c) of this AD to
specify that airplanes on which Airbus
Modification 35270 has been
incorporated are excluded from the
requirements of this AD.
Request To Use Alternative Stowage
Method
Frontier Airlines requests that we
revise the NPRM to specify that
operators may stow software media in
locations other than those described in
the service bulletin. Frontier points out
that it does not store loadable software
media in the cockpit in the way implied
by Airbus Mandatory Service Bulletin
A320–31–1276, Revision 01, dated
March 5, 2008. (We referred to Airbus
Mandatory Service Bulletin A320–31–
1276, Revision 01, dated March 5, 2008,
in the NPRM as the appropriate source
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57579
of service information for accomplishing
the required actions.)
We agree with the request to revise
the AD to allow different stowage
locations for software media. We have
changed paragraph (f)(1) of the AD to
indicate that operators may stow
software media in locations other than
those described in the service bulletin.
We have coordinated this issue with the
European Aviation Safety Agency
(EASA).
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these changes will
not increase the economic burden on
any operator or increase the scope of the
AD.
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 required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a Note within the AD.
Costs of Compliance
We estimate that this AD will affect
113 products of U.S. registry. We also
estimate that it will take about 4 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $80 per work-hour.
Required parts will 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 parts. 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 this AD
to the U.S. operators to be $36,160, 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:
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Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Rules and Regulations
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.
We 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 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
Examining the AD Docket
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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 the NPRM, 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.
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,
■
15:01 Nov 06, 2009
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:
■
2009–23–05 Airbus: Amendment 39–16077.
Docket No. FAA–2008–1215; Directorate
Identifier 2008–NM–072–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective December 14, 2009.
Regulatory Findings
VerDate Nov<24>2008
the FAA amends 14 CFR part 39 as
follows:
Jkt 220001
Affected ADs
FAA AD Differences
(b) None.
Applicability
(c) This AD applies to Airbus Model A318–
111, A318–112, A319–111, A319–112, A319–
113, A319–114, A319–115, A319–131, A319–
132, A319–133, A320–111, A320–211, A320–
212, A320–214, A320–231, A320–232, A320–
233, A321–111, A321–112, A321–131, A321–
211, A321–212, A321–213, A321–231, and
A321–232 series airplanes, certificated in any
category; equipped with EIS2 (electronic
instrument system 2) standard S4.2 (DMC
disk part number F1419418) installed by
Airbus Modification 34571, or Airbus Service
Bulletin A320–31A1220; except those
airplanes on which Airbus Modification
35270 or Airbus Modification 36725 has been
embodied in production.
Subject
(d) Air Transport Association (ATA) of
America Code 31: Instruments.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Two incidents have occurred due to the
lack of visibility on the Primary Flight
Display (PFD) of the Traffic Alert and
Collision Avoidance System (TCAS)
indications.
EIS2 standard S7 introduces modifications
to the vertical speed indication to improve
the legibility in case of TCAS Resolution
Advisory.
The modifications consist in changing the
colour of the needle and increasing the width
of the TCAS green band.
This AD supersedes AD 2006–0108 [dated
May 3, 2006]. Also, as all aircraft in this AD
applicability have been retrofitted to at least
S4.2 standard, the operational limitations
contained in the Compliance paragraph 2. of
AD 2006–0108 have already been addressed.
This AD therefore mandates the
installation of the improved EIS2 standard
S7.
We are issuing this AD to prevent possible
mid-air collisions due to lack of visibility of
TCAS indications on the PFD.
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Frm 00022
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 12 months after the effective
date of this AD, install EIS2 standard S7
(DMC disk part number F1461768), in
accordance with the Accomplishment
Instructions of Airbus Mandatory Service
Bulletin A320–31–1276, Revision 01, dated
March 5, 2008. Operators may stow software
media in locations other than those described
in the service bulletin.
(2) Installations done before the effective
date of this AD in accordance with Airbus
Service Bulletin A320–31–1263, Revision 01,
dated July 20, 2007; Airbus Service Bulletin
A320–31–1263, Revision 02, dated August
10, 2007; Airbus Service Bulletin A320–31–
1263, Revision 03, dated November 23, 2007;
or Airbus Service Bulletin A320–31–1276,
dated April 18, 2007; are acceptable for
compliance with the requirements of
paragraph (f)(1) of this AD.
Fmt 4700
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Note 1: This AD differs from the MCAI
and/or service information as follows: This
AD does not include the operational
limitations specified in paragraph 1 of the
MCAI. The MCAI carried these limitations
forward from European Aviation Safety
Agency (EASA) Airworthiness Directive
2006–0108, dated May 3, 2006. The FAAapproved Master Minimum Equipment List
(MMEL) already contains these and more
restrictive operational limitations, and we
previously determined that no action was
required on our part regarding this provision
of EASA AD 2006–0108.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, ANM–116,
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: Tim Dulin,
Aerospace Engineer, ANM–116, International
Branch, Transport Airplane Directorate, 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 appropriate principal
inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your
local FSDO.
(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 FAAapproved 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.
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Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Rules and Regulations
Related Information
(h) Refer to MCAI EASA Airworthiness
Directive 2008–0032, dated February 21,
2008; and Airbus Mandatory Service Bulletin
A320–31–1276, Revision 01, dated March 5,
2008; for related information.
Material Incorporated by Reference
(i) You must use Airbus Mandatory Service
Bulletin A320–31–1276, Revision 01, dated
March 5, 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 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:
account.airworth-eas@airbus.com; Internet
https://www.airbus.com.
(3) You may review copies of the 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.
(4) You may also review copies of the
service information that is incorporated by
reference 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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on October
26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–26586 Filed 11–6–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 090126060–91251–01]
RIN 0694–AE53
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Revisions to the Export Administration
Regulations Based on the 2008 Missile
Technology Control Regime Plenary
Additions
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
SUMMARY: The Bureau of Industry and
Security (BIS) is amending the Export
Administration Regulations (EAR) to
reflect changes to the Missile
Technology Control Regime (MTCR)
Annex that were accepted by MTCR
member countries at the November 2008
VerDate Nov<24>2008
15:01 Nov 06, 2009
Jkt 220001
Plenary in Canberra, Australia. In
addition, this rule also clarifies certain
EAR controls to properly reflect the
intent of changes to items that were
previously accepted by MTCR members
at past MTCR Plenary meetings.
DATES: Effective Date: This rule is
effective November 9, 2009. Although
there is no formal comment period,
public comments on this regulation are
welcome on a continuing basis.
ADDRESSES: You may submit comments,
identified by RIN 0694–AE53, by any of
the following methods:
E-mail: publiccomments@bis.doc.gov
Include ‘‘RIN 0694–AE53’’ in the subject
line of the message.
Fax: (202) 482–3355. Please alert the
Regulatory Policy Division, by calling
(202) 482–2440, if you are faxing
comments.
Mail or Hand Delivery/Courier:
Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230,
Attn: RIN 0694–AE53.
Send comments regarding the
collection of information associated
with this rule, including suggestions for
reducing the burden, to Jasmeet Seehra,
Office of Management and Budget
(OMB), by e-mail to
Jasmeet_K._Seehra@omb.eop.gov, or by
fax to (202) 395–7285; and to the U.S.
Department of Commerce, Bureau of
Industry and Security, Regulatory Policy
Division, 14th St. & Pennsylvania
Avenue, NW., Room 2705, Washington,
DC 20230. Comments on this collection
of information should be submitted
separately from comments on the final
rule (i.e. RIN 0694–AE53)—all
comments on the latter should be
submitted by one of the three methods
outlined above.
FOR FURTHER INFORMATION CONTACT:
Dennis L. Krepp, Nuclear and Missile
Technology Controls Division, Bureau
of Industry and Security, Telephone:
(202) 482–1309.
SUPPLEMENTARY INFORMATION:
Background
The Missile Technology Control
Regime (MTCR) is an export control
arrangement among 34 nations,
including most of the world’s advanced
suppliers of ballistic missiles and
missile-related materials and
equipment. The regime establishes a
common export control policy based on
a list of controlled items (the Annex)
and on guidelines (the Guidelines) that
member countries implement in
accordance with their national export
controls. The goal of maintaining the
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57581
Annex and the Guidelines is to stem the
flow of missile systems capable of
delivering weapons of mass destruction
to the global marketplace.
While the MTCR was originally
created to prevent the spread of missiles
capable of carrying a nuclear warhead,
it was expanded in January 1993 to also
address threats associated with delivery
systems for chemical and biological
weapons. MTCR members voluntarily
pledge to adopt the regime’s export
Guidelines and to restrict the export of
items contained in the regime’s Annex.
The implementation of the regime’s
Guidelines is effectuated through the
national export control laws and
policies of the regime members.
In January 1993, complete rocket
systems and unmanned aerial vehicle
systems that were capable of a ‘‘range’’
equal to or greater than 300 km,
regardless of the payload, were added to
the MTCR Annex (Category II, Item 19).
This was based on concerns of MTCR
members that rocket systems and
unmanned aerial vehicle systems that
were capable of a ‘‘range’’ equal to or
greater than 300 km, but that did not
meet the 500 kg ‘‘payload’’ parameter
from Category I of the MTCR Annex,
were a proliferation concern. ‘‘Missiles’’
are defined in § 772.1 of the EAR as
being capable of delivering at least 500
kilograms payload to a range of at least
300 kilometers. To supplement the
change made in 1993, the MTCR
members decided at the 2008 Plenary to
clarify the controls applicable to ECCN
2B116 by making it clear that the items
in this ECCN were controlled when
used in systems that were capable of a
range of at least 300 km, regardless of
the payload capacity. For consistency
with the MTCR Annex, this same
language also needed to be added to
ECCN 1B101. Therefore, this rule
clarifies the scope of these ECCNs by
adding the new language ‘‘capable of a
range of at least 300 km’’ to these
ECCNs.
Amendments to the Export
Administration Regulations
This final rule revises the Export
Administration Regulations (EAR) to
reflect changes to the MTCR Annex
accepted at the November 2008 Plenary
in Canberra, Australia. In addition, this
rule also clarifies certain EAR controls
to properly reflect the intent of changes
to items previously accepted by MTCR
members at past MTCR Plenary
meetings. Corresponding MTCR Annex
references are provided below for the
MTCR Annex changes accepted at the
November 2008 Plenary.
This rule amends the Commerce
Control List (CCL) (Supplement No. 1 to
E:\FR\FM\09NOR1.SGM
09NOR1
Agencies
[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Rules and Regulations]
[Pages 57578-57581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26586]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1215; Directorate Identifier 2008-NM-072-AD;
Amendment 39-16077; AD 2009-23-05]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A318-111, -112, A319,
A320, and A321 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
[[Page 57579]]
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 have occurred due to the lack of visibility on the
Primary Flight Display (PFD) of the Traffic Alert and Collision
Avoidance System (TCAS) indications.
* * * * *
We are issuing this AD to prevent possible mid-air collisions due to
lack of visibility of TCAS indications on the PFD. We are issuing this
AD to require actions to correct the unsafe condition on these
products.
DATES: This AD becomes effective December 14, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 14,
2009.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on November 17, 2008
(73 FR 67813). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:
Two incidents have occurred due to the lack of visibility on the
Primary Flight Display (PFD) of the Traffic Alert and Collision
Avoidance System (TCAS) indications.
EIS2 [electronic instrument system 2] standard S7 introduces
modifications to the vertical speed indication to improve the
legibility in case of TCAS Resolution Advisory.
The modifications consist in changing the colour of the needle
and increasing the width of the TCAS green band.
This AD supersedes [EASA] AD 2006-0108 [dated May 3, 2006].
Also, as all aircraft in this AD applicability have been retrofitted
to at least S4.2 standard, the operational limitations contained in
the Compliance paragraph 2. of AD 2006-0108 have already been
addressed.
This AD therefore mandates the installation of the improved EIS2
standard S7.
We are issuing this AD to prevent possible mid-air collisions due
to lack of visibility of TCAS indications on the PFD. You may obtain
further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Support for the AD
The Air Line Pilots Association, International (ALPA), fully
supports the intent of the AD.
Request To Revise Applicability
Airbus requests that we remove the reference to Airbus Service
Bulletin A320-31-1234 from paragraph (c), ``Applicability,'' of the
NPRM. Airbus explains that only airplanes that are equipped with EIS2
standard 4.2 installed by Modification 34571 or Airbus Service Bulletin
A320-31A1220 have the unsafe condition identified in the NPRM;
airplanes equipped with EIS2 standard 4 installed in accordance with
Airbus Service Bulletin A320-31-1234 are not affected by the unsafe
condition. Airbus also explains that there are some ``anti''
modifications existing to retrieve EIS1 configuration which do not have
this unsafe condition identified in the NPRM and should be excluded
from the applicability.
We agree with the request to revise the applicability of the AD. We
have revised paragraph (c) of this AD to remove the reference to Airbus
Service Bulletin A320-31-1234. We have also revised paragraph (c) of
this AD to specify that airplanes on which Airbus Modification 35270
has been incorporated are excluded from the requirements of this AD.
Request To Use Alternative Stowage Method
Frontier Airlines requests that we revise the NPRM to specify that
operators may stow software media in locations other than those
described in the service bulletin. Frontier points out that it does not
store loadable software media in the cockpit in the way implied by
Airbus Mandatory Service Bulletin A320-31-1276, Revision 01, dated
March 5, 2008. (We referred to Airbus Mandatory Service Bulletin A320-
31-1276, Revision 01, dated March 5, 2008, in the NPRM as the
appropriate source of service information for accomplishing the
required actions.)
We agree with the request to revise the AD to allow different
stowage locations for software media. We have changed paragraph (f)(1)
of the AD to indicate that operators may stow software media in
locations other than those described in the service bulletin. We have
coordinated this issue with the European Aviation Safety Agency (EASA).
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.
Costs of Compliance
We estimate that this AD will affect 113 products of U.S. registry.
We also estimate that it will take about 4 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Required parts will 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 parts. 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 this AD to the U.S. operators
to be $36,160, 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:
[[Page 57580]]
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 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 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD:
2009-23-05 Airbus: Amendment 39-16077. Docket No. FAA-2008-1215;
Directorate Identifier 2008-NM-072-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
14, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A318-111, A318-112, A319-
111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132,
A319-133, A320-111, A320-211, A320-212, A320-214, A320-231, A320-
232, A320-233, A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231, and A321-232 series airplanes, certificated in
any category; equipped with EIS2 (electronic instrument system 2)
standard S4.2 (DMC disk part number F1419418) installed by Airbus
Modification 34571, or Airbus Service Bulletin A320-31A1220; except
those airplanes on which Airbus Modification 35270 or Airbus
Modification 36725 has been embodied in production.
Subject
(d) Air Transport Association (ATA) of America Code 31:
Instruments.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Two incidents have occurred due to the lack of visibility on the
Primary Flight Display (PFD) of the Traffic Alert and Collision
Avoidance System (TCAS) indications.
EIS2 standard S7 introduces modifications to the vertical speed
indication to improve the legibility in case of TCAS Resolution
Advisory.
The modifications consist in changing the colour of the needle
and increasing the width of the TCAS green band.
This AD supersedes AD 2006-0108 [dated May 3, 2006]. Also, as
all aircraft in this AD applicability have been retrofitted to at
least S4.2 standard, the operational limitations contained in the
Compliance paragraph 2. of AD 2006-0108 have already been addressed.
This AD therefore mandates the installation of the improved EIS2
standard S7.
We are issuing this AD to prevent possible mid-air collisions
due to lack of visibility of TCAS indications on the PFD.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 12 months after the effective date of this AD,
install EIS2 standard S7 (DMC disk part number F1461768), in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A320-31-1276, Revision 01, dated March 5, 2008.
Operators may stow software media in locations other than those
described in the service bulletin.
(2) Installations done before the effective date of this AD in
accordance with Airbus Service Bulletin A320-31-1263, Revision 01,
dated July 20, 2007; Airbus Service Bulletin A320-31-1263, Revision
02, dated August 10, 2007; Airbus Service Bulletin A320-31-1263,
Revision 03, dated November 23, 2007; or Airbus Service Bulletin
A320-31-1276, dated April 18, 2007; are acceptable for compliance
with the requirements of paragraph (f)(1) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows: This AD does not include the operational
limitations specified in paragraph 1 of the MCAI. The MCAI carried
these limitations forward from European Aviation Safety Agency
(EASA) Airworthiness Directive 2006-0108, dated May 3, 2006. The
FAA-approved Master Minimum Equipment List (MMEL) already contains
these and more restrictive operational limitations, and we
previously determined that no action was required on our part
regarding this provision of EASA AD 2006-0108.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, 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: Tim
Dulin, Aerospace Engineer, ANM-116, International Branch, Transport
Airplane Directorate, 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 appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(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.
[[Page 57581]]
Related Information
(h) Refer to MCAI EASA Airworthiness Directive 2008-0032, dated
February 21, 2008; and Airbus Mandatory Service Bulletin A320-31-
1276, Revision 01, dated March 5, 2008; for related information.
Material Incorporated by Reference
(i) You must use Airbus Mandatory Service Bulletin A320-31-1276,
Revision 01, dated March 5, 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
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: account.airworth-eas@airbus.com; Internet
https://www.airbus.com.
(3) You may review copies of the 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.
(4) You may also review copies of the service information that
is incorporated by reference 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26586 Filed 11-6-09; 8:45 am]
BILLING CODE 4910-13-P