[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Proposed Rules]
[Pages 81512-81514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32658]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1204; Directorate Identifier 2010-NM-147-AD]
RIN 2120-AA64


Airworthiness Directives; Various Aviation Communication & 
Surveillance Systems (ACSS) Traffic Alert and Collision Avoidance 
System (TCAS) Units

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
various aircraft equipped with certain ACSS TCAS units. This proposed 
AD would require upgrading software. This proposed AD results from 
reports of anomalies with TCAS units during a flight test over a high 
density airport. The TCAS units dropped several reduced surveillance 
aircraft tracks because of interference limiting. We are proposing this 
AD to prevent TCAS units from dropping tracks, which could compromise 
separation of air traffic and lead to subsequent mid-air collisions.

DATES: We must receive comments on this proposed AD by February 11, 
2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Aviation Communication & Surveillance Systems, LLC, 19810 North 7th 
Avenue, Phoenix, Arizona 85027-4741; telephone (623) 445-7040; fax 
(623) 445-7004; e-mail <a href="/cdn-cgi/l/email-protection#03626070702d6c7167667162676e6a6d434f2e3f62236b7166653e" http: 3com.com">3com.com</a>">acss.orderadmin@L-3com.com</a>; Internet http://www.acss.com. You may review copies of the referenced service 
information at

[[Page 81513]]

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Abby Malmir, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5351; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1204; 
Directorate Identifier 2010-NM-147-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports of anomalies with the Aviation 
Communication & Surveillance Systems (ACSS) Traffic Alert and Collision 
Avoidance System (TCAS) units during a flight test over a high density 
airport. The TCAS units dropped several reduced surveillance aircraft 
tracks because of interference limiting. When the TCAS unit 
interrogated aircraft in a high density airport area, some of the 
targets disappeared from the cockpit display or were not recognized. 
One occurrence of dropped tracks occurred for 30 to 40 seconds of a 90-
minute flight segment. This condition, if not corrected, could lead to 
possible loss of separation of air traffic and possible mid-air 
collision.

Relevant Service Information

    We have reviewed the ACSS service information specified in the 
following table. The service information describes procedures for 
upgrading software for the ACSS TCAS to improve tracking of nearby 
Mode-S intruders in high density environments.

                      Relevant Service Information
------------------------------------------------------------------------
                                   ACSS Publication
     ATA Service Bulletin No.             No.                Date
------------------------------------------------------------------------
4066010-34-6036..................       8008230-001  May 25, 2010.
7517900-34-6040..................       8008229-001  May 12, 2010.
7517900-34-6041..................       8008231-001  May 24, 2010.
7517900-34-6042..................       8008236-001  May 27, 2010.
9000000-34-6016..................       8008233-001  June 4, 2010.
9000000-34-6017..................       8008234-001  June 4, 2010.
9000000-34-6018..................       8008238-001  June 4, 2010.
9003000-34-6006..................       8008235-001  June 4, 2010.
9003500-34-6014..................       8008221-001  May 27, 2010.
9003500-34-6015..................       8008222-001  May 27, 2010.
9003500-34-6016..................       8008223-001  May 27, 2010.
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FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs. This proposed AD would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 9,000 airplanes of 
U.S. registry. We also estimate that it would take about 2 work-hours 
per product to comply with this proposed AD. The average labor rate is 
$85 per work-hour. Required parts would cost up to $2,870 per product. 
Based on these figures, we estimate the cost of this proposed AD to the 
U.S. operators to be up to $27,360,000, or up to $3,040 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,

[[Page 81514]]

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Aviation Communication & Surveillance Systems, LLC: Docket No. FAA-
2010-1204; Directorate Identifier 2010-NM-147-AD.

Comments Due Date

    (a) We must receive comments by February 11, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Aviation Communication & Surveillance 
Systems (ACSS) Traffic Alert and Collision Avoidance System (TCAS) 
units with the part numbers (P/Ns) specified in the ACSS service 
bulletins identified in Table 1 of this AD, as installed on, but not 
limited to, various transport and small airplanes, certificated in 
any category.

                  Table 1--Applicable Service Bulletins
------------------------------------------------------------------------
                                         ACSS
     ATA Service Bulletin No.       Publication No.          Date
------------------------------------------------------------------------
4066010-34-6036..................       8008230-001  May 25, 2010.
7517900-34-6040..................       8008229-001  May 12, 2010.
7517900-34-6041..................       8008231-001  May 24, 2010.
7517900-34-6042..................       8008236-001  May 27, 2010.
9000000-34-6016..................       8008233-001  June 4, 2010.
9000000-34-6017..................       8008234-001  June 4, 2010.
9000000-34-6018..................       8008238-001  June 4, 2010.
9003000-34-6006..................       8008235-001  June 4, 2010.
9003500-34-6014..................       8008221-001  May 27, 2010.
9003500-34-6015..................       8008222-001  May 27, 2010.
9003500-34-6016..................       8008223-001  May 27, 2010.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association (ATA) of America Code 34: 
Navigation.

Unsafe Condition

    (e) This AD results from reports of anomalies with TCAS units 
during a flight test over a high density airport. The TCAS units 
dropped several reduced surveillance aircraft tracks because of 
interference limiting. The Federal Aviation Administration is 
issuing this AD to prevent TCAS units from dropping tracks, which 
could compromise separation of air traffic and lead to subsequent 
mid-air collisions.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Upgrade Software

    (g) Within 48 months after the effective date of this AD, 
upgrade software for the ACSS TCAS, in accordance with the 
Accomplishment Instructions of the applicable ACSS service bulletin 
identified in Table 1 of this AD.

    Note 1: ACSS Publication Number 8008233-001, dated June 4, 2010, 
ATA Service Bulletin 9000000-34-6016, contains three part numbers 
(P/Ns 9000000-10007, -20007, and -55007) which were never produced.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Los Angeles 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: Abby Malmir, Aerospace Engineer, Systems and 
Equipment Branch, ANM-130L, FAA, Los Angeles ACO, 3960 Paramount 
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-
5351; fax (562) 627-5210.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
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.

    Issued in Renton, Washington, on December 13, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-32658 Filed 12-27-10; 8:45 am]
BILLING CODE 4910-13-P


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