[Federal Register Volume 69, Number 152 (Monday, August 9, 2004)]
[Rules and Regulations]
[Pages 48138-48140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17981]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-284-AD; Amendment 39-13770; AD 2004-16-14]
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: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
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), that requires 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 action also requires 
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: Effective September 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 13, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Thales Avionics, Air Transport Avionics, 105 avenue du 
G[eacute]n[eacute]ral Eisenhower, BP 1147, 31036 Toulouse Cedex 1, 
France; or Thales Avionics, Regional and Business Aircraft Avionics, 
105 avenue du G[eacute]n[eacute]ral 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California; or 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.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an 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) 
was published in the Federal Register on May 7, 2004 (69 FR 25514). 
That action proposed to 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. 
That action also proposed to require modification of the software for 
the TA/RA VSI-TCAS indicator, which would terminate the requirement for 
the AFM revision.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Add New Part Number (P/N)

    One commenter states that French airworthiness directive F-2004-
042, dated March 31, 2004, which is referenced in the FAA's proposed 
AD, has been superseded by French airworthiness directive F-2004-053, 
dated April 14, 2004. The commenter also states that the superseding 
French airworthiness directive adds missing P/N 457400SB0711. We infer 
that the commenter requests that we add this missing part number to the 
final rule.
    While we agree with the intent of the inferred request, no change 
to this final rule is necessary in this regard, since P/N 457400SB0711 
is already included in the applicability of this AD. Furthermore, in 
the preamble of the proposed AD, we explained that affected 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. We had determined that 
the omitted part number is subject to the same unsafe condition of the 
proposed AD and, therefore, had included it in Table 1 of the proposed 
AD. Additionally, we mentioned that the Direction Generale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, had informed us of its plan to revise French airworthiness 
directive F-2004-042 to include the omitted part number. Therefore, we 
have revised this final rule to reference the revised French 
airworthiness directive F-2004-053, dated April 14, 2004.

Request To Revise Service Bulletin References

    The same commenter notes that while the proposed AD references the 
current revision level and date of each vendor service bulletin, the 
French airworthiness directive does not reference any revision level. 
The commenter states that the French airworthiness directive specifies 
instead that the latest revision of the vendor service bulletin is 
acceptable for compliance. The commenter also notes that if a service 
bulletin needs to be

[[Page 48139]]

revised in the future, then a revision to this AD would also be 
necessary. We infer that the commenter requests we revise the service 
bulletin references in this AD to specify that use of ``later FAA-
approved revisions'' is acceptable for compliance with this AD.
    We do not agree with the inferred request. When referencing a 
specific service bulletin in an AD, using the phrase, ``later FAA-
approved revisions,'' violates Office of the Federal Register 
regulations for approving materials that are incorporated by reference. 
However, affected operators may request approval to use a later 
revision of a referenced service bulletin as an alternative method of 
compliance (AMOC), in accordance with paragraph (c) of this AD.

Request To Confirm Affected Part Numbers

    One commenter requests that we confirm the validity of P/N 
457400GA1311 and P/N 457400GB1311. The commenter states that, although 
these part numbers are listed in Table 1 of the proposed AD, they are 
not listed in the effectivity of the referenced Thales Avionics Service 
Bulletin 457400-34-083, Revision 03, dated January 26, 2004. The 
commenter notes that it has contacted the manufacturer regarding this 
issue. If the manufacturer agrees that these two part numbers were 
overlooked and consequently publishes a revised service bulletin, the 
commenter asks that we consider referencing the latest revision of that 
service bulletin in this AD. The commenter believes this will ensure 
synchronization between the service bulletin and the proposed AD, 
eliminating any confusion in complying with the proposed AD.
    We do not agree that any further action is warranted, since the 
applicability of an AD takes precedence over the effectivity listed in 
any service bulletin. Although we recognize that P/Ns 457400GA1311 and 
457400GB1311 are not listed in the effectivity of Thales Avionics 
Service Bulletin 457400-34-083, as referenced in this AD, these 
affected part numbers are included in the applicability of this AD. In 
developing this AD, we coordinated with the DGAC to identify the 
applicability as all Thales Avionics TA/RA VSI-TCAS indicators, with P/
N 457400-(*), except P/Ns 457400GA1502, 457400GB1502, 457400MA1502, 
457400MB1502, 457400ZA1502, and 457400ZB1502, installed on but not 
limited to certain transport category airplanes equipped with TCAS II 
change 7 computers (ACAS II). Moreover, paragraph 3.3 of French 
airworthiness directive F-2004-042, dated March 31, 2004, lists 
affected P/Ns 457400GA1311 and 457400GB1311 and references Thales 
Avionics Service Bulletin 457400-34-083 as the appropriate source of 
service information for accomplishing the software modification for 
these TA/RA VSI-TCAS indicators. If Thales Avionics Service Bulletin 
457400-34-083 is revised, affected operators may request AMOC approval 
to use the later revision of the Thales Avionics service bulletin, in 
accordance with paragraph (c) of this AD.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change described 
previously. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

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 will take approximately 2 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $65 per work hour. Required parts, for 2 TCAS displays per 
airplane, will cost approximately between $1,316 and $1,826 per 
airplane. Based on these figures, the cost impact of the 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 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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2004-16-14 Thales Avionics (Formerly Sextant Avionique): Amendment 
39-13770. 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

[[Page 48140]]

information if the flightcrew believes the TCAS II computer has 
malfunctioned, and consequently led 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
                    P/N                      service bulletin     Revision level                Date
----------------------------------------------------------------------------------------------------------------
457400EA0311, 457400EB0311, 457400FA0311,       457400-34-083  03.................  January 26, 2004.
 457400FB0311.
457400GA0011...............................     457400-34-085  00.................  February 5, 2004.
457400GA0311, 457400GA0602, 457400GA0911,       457400-34-083  03.................  January 26, 2004.
 457400GA1100, 457400GA1311, 457400GA1312.
457400GA1900...............................     457400-34-082  Original...........  November 28, 2002.
457400GB0011...............................     457400-34-085  00.................  February 5, 2004.
457400GB0911, 457400GB1100, 457400GB1311,       457400-34-083  03.................  January 26, 2004.
 457400GB1312.
457400GB1900...............................     457400-34-082  Original...........  November 28, 2002.
457400GB2000...............................     457400-34-084  02.................  December 19, 2003.
457400GB2100, 457400HA1900, 457400JA1900,       457400-34-083  03.................  January 26, 2004.
 457400KA0602, 457400KA1311, 457400KA1900,
 457400KB1311, 457400KB1900.
457400LA2000...............................     457400-34-084  02.................  December 19, 2003.
457400MA0602, 457400MA1311, 457400MB1311,       457400-34-083  03.................  January 26, 2004.
 457400PA1900, 457400PB1900, 457400RA0711,
 457400RB0711, 457400SA0711, 457400SB0711,
 457400TB0811, 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.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with the applicable service bulletin listed in 
the following table:

              Table 2.--Material Incorporated by Reference
------------------------------------------------------------------------
      Service bulletin         Revision level             Date
------------------------------------------------------------------------
Thales Avionics Service       Original.......  November 28, 2002.
 Bulletin 457400-34-082.
Thales Avionics Service       03.............  January 26, 2004.
 Bulletin 457400-34-083.
Thales Avionics Service       02.............  December 19, 2003.
 Bulletin 457400-34-084.
Thales Avionics Service       00.............  February 5, 2004.
 Bulletin 457400-34-085.
------------------------------------------------------------------------

    This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from Thales Avionics, Air Transport 
Avionics, 105 avenue du G[eacute]n[eacute]ral Eisenhower, BP 1147, 
31036 Toulouse Cedex 1, France; or Thales Avionics, Regional and 
Business Aircraft Avionics, 105 avenue du G[eacute]n[eacute]ral 
Eisenhower, BP 1147, 31036 Toulouse Cedex 1, France; or Thales 
Avionics, Avionics for Military Aircraft, Rue Toussaint Catros, 
33187 Le Haillan Cedex, France. Copies may be inspected 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; or 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.

    Note 2: The subject of this AD is addressed in French 
airworthiness directive F-2004-053, dated April 14, 2004.

Effective Date

    (e) This amendment becomes effective on September 13, 2004.

    Issued in Renton, Washington, on July 30, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-17981 Filed 8-6-04; 8:45 am]
BILLING CODE 4910-13-P