Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 11439 

Airbus Service Bulletin A300–57–6052, 

Revision 03, dated May 27, 2002, has the 

following effective pages: 

Page No. Revision level shown on page Date shown on page 

1–56 ...................................................................................................................... 03 .......................................................... May 27, 2002. 

DRAWING 15R53810394 

1–2 ........................................................................................................................ A ............................................................ December 21, 1998. 

DRAWING 21R57110247 

1–2 ........................................................................................................................ A ............................................................ May 28, 1997. 

3–4 ........................................................................................................................ A ............................................................ June 20, 1997. 

(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 SAS—EAW 

(Airworthiness Office), 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.airwortheas@airbus.com; Internet http:// 

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: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on March 4, 

2010. 

Suzanne Masterson, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–5165 Filed 3–10–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0649; Directorate 

Identifier 2008–NM–218–AD; Amendment 

39–16225; AD 2010–06–01] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

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 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Two incidents [of near mid-air collision] 

have occurred on Airbus A320 Family 

aircraft during [a] Resolution Advisory with 

Traffic Alert and Collision Avoidance System 

(TCAS). One of the Human-Machine Interface 

(HMI) factors was the lack of visibility of 

relevant information on the Primary Flight 

Display (PFD). 

This condition, if not corrected, could 

result in erroneous interpretation of TCAS 

Resolution Advisories, leading to an 

increased risk of mid-air collision. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective April 

15, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of April 15, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

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 July 15, 2009 (74 FR 34274). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Two incidents [of near mid-air collision] 

have occurred on Airbus A320 Family 

aircraft during [a] Resolution Advisory with 

Traffic Alert and Collision Avoidance System 

(TCAS). One of the Human-Machine Interface 

(HMI) factors was the lack of visibility of 

relevant information on the Primary Flight 

Display (PFD). 

This condition, if not corrected, could 

result in erroneous interpretation of TCAS 

Resolution Advisories, leading to an 

increased risk of mid-air collision. 

EIS1 [Electronic Instrument System] 

software standard V60 introduces 

modifications to the vertical speed indication 

to further improve the legibility in the case 

of TCAS Resolution Advisory. This 

modification consists of a change in the 

needle colour and thickness and an increase 

in width of the TCAS green band. 

For the reasons described above, this AD 

requires the introduction of the new software 

standard V60 and prohibits reinstallation of 

earlier software versions V32, V40 and V50. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Support for the NPRM 

Air Line Pilots Association (ALPA), 

International, supports the intent of the 

AD. 

Request To Shorten the Proposed 

Compliance Time 

ALPA states that the proposed 60- 

month compliance time is excessive, 

given that Airbus Mandatory Service 

Bulletin A320–31–1286 was issued in 

January, 2008. Based on the safety 

benefits of the AD as well as the 

minimal labor required to comply with 


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11440 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 

the AD, ALPA recommends a 12-month 

compliance time. ALPA further states 

that a 12-month requirement would be 

the same as a similar AD for the EIS2 

(AD 2009–23–05, Amendment 39– 

16077, 74 FR 57578, November 9, 2009). 

We disagree with the request to 

reduce the proposed compliance time. 

In developing the proposed compliance 

time, we considered the scope of work, 

the safety implications, the average 

utilization rate of the affected fleet, the 

maintenance schedules of the operators, 

and the availability of required 

modification parts. In addition, this AD 

which requires modification of the EIS1 

has a longer compliance time, versus 

that for AD 2009–23–05 which requires 

modification of the EIS2, because the 

EIS1 modification specified in this AD 

includes a requirement to reprogram the 

erasable programmable read only 

memory (EPROM) (for certain 

configurations) in addition to replacing 

or reprogramming the on-board 

replaceable module (OBRM) required by 

both ADs. We have not changed the AD 

in this regard. 

Request To Change the Proposed Costs 

of Compliance 

Air Transport Association (ATA), on 

behalf of its member Northwest Airlines 

(NWA), states that the estimated costs of 

compliance in the NPRM are inaccurate, 

and that the software will cost $14,460 

per airplane ($4,820 for each of the 3 

display management computers (DMC) 

per airplane). 

We agree. We have verified these cost 

figures and have revised the Costs of 

Compliance section of this AD 

accordingly. 

Request To Include Later Software 

Revisions 

ATA, on behalf of NWA, requests that 

we revise the NPRM to allow 

installation of subsequent revision 

levels of the EIS1 software. NWA states 

that it understands that Airbus is 

working on a new DMC standard 

(version 70) as an upgrade to the version 

60 referred to in the NPRM, and that the 

safety concerns given in the NPRM are 

with prior versions of the software 

(versions 32, 40, and 50). 

We do not agree to revise the NPRM 

to allow later versions of software in the 

AD. We cannot allow installation of 

later software versions that have not yet 

been approved in an AD. However, 

under the provisions of paragraph (g)(1) 

of the final rule, we will consider 

requests for approval of an alternative 

method of compliance if sufficient data 

are submitted to substantiate that the 

new compliance method would provide 

an acceptable level of safety. We have 

not changed the AD in this regard. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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. 

Explanation of Change to Costs of 

Compliance 

Since issuance of the NPRM, we have 

increased the labor rate used in the 

Costs of Compliance from $80 per workhour to $85 per work-hour. The Costs of 

Compliance information, below, reflects 

this increase in the specified hourly 

labor rate. 

Costs of Compliance 

We estimate that this AD will affect 

about 564 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 $85 per work-hour. 

Required parts will cost about $14,460 

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 

$8,347,200, or $14,800 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this 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 http:// 

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, 

the FAA amends 14 CFR part 39 as 

follows: 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 11441 

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: 

2010–06–01 Airbus: Amendment 39–16225. 

Docket No. FAA–2009–0649; Directorate 

Identifier 2008–NM–218–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 15, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A319– 

111, –112, –113, –114, –115, –131, –132, and 

–133 airplanes; Model A320–111, –211, 

–212, –214, –231, –232, and –233 airplanes; 

and Model A321–111, –112, –131, –211, 

–212, –213, –231, and –232 airplanes; 

certificated in any category; all manufacturer 

serial numbers (MSN); equipped with 

electronic instrument system 1 (EIS1) 

standard V32 (display management computer 

(DMC)) part number (P/N) 9615325032), EIS1 

standard V40 (DMC P/N 9615325040), or 

EIS1 standard V50 (DMC P/N 9615325050). 

Subject 

(d) Air Transport Association (ATA) of 

America Code 31: Instruments. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

‘‘Two incidents [of near mid-air collision] 

have occurred on Airbus A320 Family 

aircraft during [a] Resolution Advisory with 

Traffic Alert and Collision Avoidance System 

(TCAS). One of the Human-Machine Interface 

(HMI) factors was the lack of visibility of 

relevant information on the Primary Flight 

Display (PFD). 

‘‘This condition, if not corrected, could 

result in erroneous interpretation of TCAS 

Resolution Advisories, leading to an 

increased risk of mid-air collision. 

‘‘EIS1 software standard V60 introduces 

modifications to the vertical speed indication 

to further improve the legibility in the case 

of TCAS Resolution Advisory. This 

modification consists of a change in the 

needle colour and thickness and an increase 

in width of the TCAS green band. 

‘‘For the reasons described above, this AD 

requires the introduction of the new software 

standard V60 and prohibits reinstallation of 

earlier software versions V32, V40 and V50.’’ 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 60 months after the effective 

date of this AD, modify the airplane by 

installing EIS1 software standard V60 (DMC 

P/N 9615325060), in accordance with the 

instructions of Airbus Mandatory Service 

Bulletin A320–31–1286, dated January 22, 

2008. 

(2) After modifying the airplane as required 

by paragraph (f)(1) of this AD, no person 

shall install EIS1 software standard V32 

(DMC P/N 9615325032), EIS1 software 

standard V40 (DMC P/N 9615325040), or 

EIS1 software standard V50 (DMC P/N 

9615325050) on that airplane. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to Attn: Tim Dulin, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2141; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq., the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0198, dated November 4, 2008; and Airbus 

Mandatory Service Bulletin A320–31–1286, 

dated January 22, 2008; for related 

information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A320–31–1286, dated January 22, 

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 

http://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: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on February 

25, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–4876 Filed 3–10–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 648 

[Docket No.: 0907021105–0024–03] 

RIN 0648–AY00 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Amendment 10 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is implementing 

approved measures in Amendment 10 to 

the Atlantic Mackerel, Squid, and 

Butterfish (MSB) Fishery Management 

Plan (FMP). Amendment 10 was 

developed by the Mid-Atlantic Fishery 

Management Council (Council) to bring 

the FMP into compliance with 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requirements 

by establishing a rebuilding program 

that allows the butterfish stock to 

rebuild and protects the long-term 

health and stability of the stock; and by 

minimizing bycatch and the fishing 

mortality of unavoidable bycatch, to the 

extent practicable, in the MSB fisheries. 

Amendment 10 increases the minimum 

codend mesh size requirement for the 

Loligo squid (Loligo) fishery; establishes 

a butterfish rebuilding program with a 


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