[Federal Register Volume 69, Number 89 (Friday, May 7, 2004)]
[Proposed Rules]
[Pages 25514-25517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10380]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-284-AD]
RIN 2120-AA64


Airworthiness Directives; Thales Avionics Traffic Advisory/
Resolution Advisory (TA/RA) Vertical Speed Indicator-Traffic Alert and 
Collision Avoidance System (VSI-TCAS) Indicators, Installed on but not 
Limited to Certain Transport Category Airplanes Equipped With TCAS II 
Change 7 Computers (ACAS II)

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Thales Avionics TA/RA VSI-
TCAS indicators, installed on but not limited to certain transport 
category airplanes equipped with TCAS II change 7 computers (ACAS II). 
This proposal would require a revision to the Airplane Flight Manual 
(AFM) to advise the flightcrew to follow the audio annunciation when an 
RA fail message is triggered during a multi-aircraft encounter. This 
proposed AD would also require modification of the software for the TA/
RA VSI-TCAS indicator, which would terminate the requirement for the 
AFM revision. This action is necessary to prevent the TA/RA VSI-TCAS 
indicator from displaying a conflicting ``RA FAIL'' message during a 
multi-aircraft encounter, which could result in the flightcrew ignoring 
the correct aural command and traffic display information if the 
flightcrew believes the TCAS II computer has malfunctioned, and 
consequently lead to a mid-air collision with other aircraft. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by June 7, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-284-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-284-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text. 
    The service information referenced in the proposed rule may be 
obtained from Thales Avionics, Air Transport Avionics, 105 avenue du 
General Eisenhower, BP 1147, 31036 Toulouse Cedex 1, France; or Thales 
Avionics, Regional and Business Aircraft Avionics, 105 avenue du 
General Eisenhower, BP 1147, 31036 Toulouse Cedex 1, France; or Thales 
Avionics, Avionics for Military Aircraft, Rue Toussaint Catros, 33187 
Le Haillan Cedex, France. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-284-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-284-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has become aware of an unsafe condition that may exist with 
Thales Avionics traffic advisory/resolution advisory (TA/RA) vertical 
speed indicator-traffic alert and collision avoidance system (VSI-TCAS) 
indicators, installed on but not limited to certain transport category 
airplanes equipped with TCAS II change 7 computers (ACAS II). During a 
ground test, the TA/RA VSI-TCAS indicator did not display the ``DON'T 
CLIMB, DON'T DESCEND'' RA command, under the scenario where the 
airplane is located between two other aircraft (one above and one 
below). Instead, the TA/RA

[[Page 25515]]

VSI-TCAS indicator displayed an ``RA FAIL'' message, which conflicted 
with both the correct audio annunciation to ``MAINTAIN VERTICAL SPEED, 
MAINTAIN'' and traffic display information. A conflicting ``RA FAIL'' 
message during a multi-aircraft encounter, if not corrected, could 
result in the flightcrew ignoring the correct aural command and traffic 
display information if the flightcrew believes the TCAS II computer has 
malfunctioned, and consequently lead to a mid-air collision with other 
aircraft.

Explanation of Relevant Service Information

    Thales Avionics has issued the following service bulletins:

----------------------------------------------------------------------------------------------------------------
             Service bulletin                     Revision level                          Date
----------------------------------------------------------------------------------------------------------------
457400-34-082............................  Original...................  November 28, 2002.
457400-34-083............................  03.........................  January 26, 2004.
457400-34-084............................  02.........................  December 19, 2003.
457400-34-085............................  00.........................  February 5, 2004.
----------------------------------------------------------------------------------------------------------------

    These service bulletins describe procedures for modification of the 
software for the TA/RA VSI-TCAS indicator. The modification involves 
reprogramming memory MN9 of the graphic processor board for the TA/RA 
VSI-TCAS indicator, and reidentifying and testing the modified TA/RA 
VSI-TCAS indicator. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition. The Direction Generale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, classified this 
service bulletin as mandatory and issued French airworthiness directive 
F-2004-042, dated March 31, 2004, to ensure the continued airworthiness 
of these airplanes in France.

FAA's Conclusions

    This TA/RA VSI-TCAS indicator is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require revising the 
Limitations Section of the Airplane Flight Manual (AFM) to advise the 
flightcrew to follow the audio annunciation when an RA fail message is 
triggered during a multi-aircraft encounter. This proposed AD would 
also require modifying the software for the TA/RA VSI-TCAS indicator, 
which would terminate the requirement for the AFM revision. The 
terminating action is required to be accomplished in accordance with 
the service bulletins described previously, except as discussed below.

Difference Between Proposed AD and French Airworthiness Directive

    Operators should note that affected part number (P/N) 457400SB0711, 
as listed in Thales Avionics Service Bulletin 457400-34-083, Revision 
03, dated January 26, 2004, was inadvertently omitted from French 
airworthiness directive F-2004-042, dated March 31, 2004. We have 
determined that the omitted part number is subject to the same unsafe 
condition of this proposed AD and, therefore, have included P/N 
457400SB0711 in this proposed AD. Additionally, the DGAC has informed 
us that it plans to revise the French airworthiness directive to 
include the omitted part number.

Clarification Between Proposed AD and French Airworthiness Directive

    The French airworthiness directive requires revising the 
Limitations Section of the AFM by inserting a temporary limitation. We 
have reviewed the language of the temporary limitation and determined 
that certain wording does not conform to the U.S. standard of writing 
AFM flightcrew instructions in either ``must do'' or ``do not'' 
statements for clarity and memorization. While we have clarified the 
language of the temporary limitation in this proposed AD, the intent of 
it remains the same.

Cost Impact

    We do not know how many aircraft, equipped with Thales Avionics TA/
RA VSI-TCAS indicators and TCAS II change 7 computers (ACAS II), of the 
affected design are in the worldwide fleet or on the U.S. Register. We 
do, however, know that it would take approximately 2 work hours per 
airplane to accomplish the proposed actions, and that the average labor 
rate is $65 per work hour. Required parts, for 2 TCAS displays per 
airplane, would cost approximately between $1,316 and $1,826 per 
airplane. Based on these figures, the cost impact of the proposed AD on 
U.S. operators is estimated to be between $1,446 and $1,956 per 
airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

[[Page 25516]]

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

Thales Avionics (Formerly Sextant Avionique): Docket 2002-NM-284-AD.

    Applicability: Thales Avionics traffic advisory/resolution 
advisory (TA/RA) vertical speed indicator-traffic alert and 
collision avoidance system (VSI-TCAS) indicators, part number (P/N) 
457400-(*), except P/Ns 457400GA1502, 457400GB1502, 457400MA1502, 
457400MB1502, 457400ZA1502, and 457400ZB1502, installed on but not 
limited to Airbus Model A300 B2, A300 B4, and A310 series airplanes; 
Model A300 B4-600, B4-600R, C4-605R Variant F, and F4-600R 
(collectively called A300-600) series airplanes; and Aerospatiale 
Model ATR42 and ATR72 series airplanes; certificated in any 
category; equipped with TCAS II change 7 computers (ACAS II).
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the TA/RA VSI-TCAS indicator from displaying a 
conflicting ``RA FAIL'' message during a multi-aircraft encounter, 
which could result in the flightcrew ignoring the correct aural 
command and traffic display information if the flightcrew believes 
the TCAS II computer has malfunctioned, and consequently lead to a 
mid-air collision with other aircraft; accomplish the following:

Revision of the Airplane Flight Manual (AFM)

    (a) Within 15 days after the effective date of this AD, revise 
the Limitations Section of the AFM to include the following 
statement (this may be accomplished by inserting a copy of this AD 
into the AFM):
     Limitation:
    When the TA/RA VSI-TCAS indicates an RA fail message, the 
flightcrew must follow the audio annunciation ``Maintain Vertical 
Speed, Maintain'' until ``clear of the conflict'' audio annunciation 
has occurred.

    Note: When a preventive Don't Climb/Don't Descend resolution 
advisory (RA) is triggered by simultaneous, multi-aircraft encounter 
configuration, the TA/RA VSI-TCAS may indicate an RA fail message. 
The audio annunciation ``Maintain Vertical Speed, Maintain'' and 
traffic display information are correct. In this specific case, the 
flightcrew must follow the audio annunciation and, therefore, 
maintain the vertical speed until clearance of the conflict 
condition has occurred.''


    Note 1: When a statement identical to that in paragraph (a) of 
this AD has been included in the general revisions of the AFM, the 
general revisions may be inserted into the AFM, and the copy of this 
AD may be removed from the AFM.

Software Modification

    (b) Within 48 months after the effective date of this AD, modify 
the software for the TA/RA VSI-TCAS indicator by accomplishing all 
the actions specified in the Accomplishment Instructions of the 
applicable service bulletin listed in Table 1 of this AD. Doing this 
modification terminates the requirements of paragraph (a) of this 
AD. After accomplishing the modification, the AFM limitation 
required by paragraph (a) of this AD may be removed from the AFM.

                                      Table 1.--Applicable Service Bulletin
----------------------------------------------------------------------------------------------------------------
                                       Thales Avionics
             For P/N--                service bulletin        Revision level                   Date
----------------------------------------------------------------------------------------------------------------
457400EA0311......................         457400-34-083  03...................  January 26, 2004.
457400EB0311
457400FA0311
457400FB0311
457400GA0011......................         457400-34-085  00...................  February 5, 2004.
457400GA0311......................         457400-34-083  03...................  January 26, 2004.
457400GA0602
457400GA0911
457400GA1100
457400GA1311
457400GA1312
457400GA1900......................         457400-34-082  Original.............  November 28, 2002.
457400GB0011......................         457400-34-085  00...................  February 5, 2004.
457400GB0911......................         457400-34-083  03...................  January 26, 2004.
457400GB1100
457400GB1311
457400GB1312
457400GB1900......................         457400-34-082  Original.............  November 28, 2002.
457400GB2000......................         457400-34-084  02...................  December 19, 2003.
457400GB2100......................         457400-34-083  03...................  January 26, 2004.
457400HA1900
457400JA1900
457400KA0602
457400KA1311
457400KA1900
457400KB1311
457400KB1900
457400LA2000......................         457400-34-084  02...................  December 19, 2003.
457400MA0602......................         457400-34-083  03...................  January 26, 2004.
457400MA1311
457400MB1311
457400PA1900
457400PB1900
457400RA0711
457400RB0711
457400SA0711
457400SB0711
457400TB0811

[[Page 25517]]

 
457400TC0811
457400UA1311
457400UA1900
457400UB1900
457400UB1311
457400WA0811
457400WB0811
457400ZA1900
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office, FAA, Transport Airplane Directorate, 
is authorized to approve alternative methods of compliance for this 
AD.

    Note 2: The subject of this AD is addressed in French 
airworthiness directive F-2004-042, dated March 31, 2004.


    Issued in Renton, Washington, on April 28, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10380 Filed 5-6-04; 8:45 am]
BILLING CODE 4910-13-P