AD 2009-23-05

[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Rules and Regulations]
[Pages 57578-57581]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.

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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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: <a href="/cdn-cgi/l/email-protection#573634343822392379363e25203825233f7a32362417363e253522247934383a"><span class="__cf_email__" data-cfemail="640507070b110a104a050d16130b16100c4901051724050d160611174a070b09">[email&#160;protected]</span></a>; Internet 
<a href="http://www.airbus.com">http://www.airbus.com</a>.
    (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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    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