[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Rules and Regulations]
[Pages 11439-11441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4876]


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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.

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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

[[Page 11440]]

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 work-hour 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

[[Page 11441]]

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:

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: <a href="/cdn-cgi/l/email-protection#6a0b0909051f041e440b03181d05181e02470f0b192a0b0318081f1944090507"><span class="__cf_email__" data-cfemail="610002020e140f154f000813160e1315094c040012210008130314124f020e0c">[email protected]</span></a>; 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


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