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. WReier-Aviles on DSKGBLS3C1PROD with RULES 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 VerDate Nov<24>2008 15:01 Nov 06, 2009 Jkt 220001 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. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09NOR1.SGM 09NOR1 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 WReier-Aviles on DSKGBLS3C1PROD with RULES 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 VerDate Nov<24>2008 15:01 Nov 06, 2009 Jkt 220001 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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: E:\FR\FM\09NOR1.SGM 09NOR1 57580 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 WReier-Aviles on DSKGBLS3C1PROD with RULES 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. PO 00000 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 Sfmt 4700 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. E:\FR\FM\09NOR1.SGM 09NOR1 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 WReier-Aviles on DSKGBLS3C1PROD with RULES 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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
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