[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Proposed Rules]
[Pages 67813-67815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27167]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / 
Proposed Rules  

[[Page 67813]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1215; Directorate Identifier 2008-NM-072-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318, A319, A320, and A321 
Series Airplanes

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 the 
products listed above. This proposed 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 have occurred due to the lack of visibility on the 
Primary Flight Display (PFD) of the Traffic Alert and Collision 
Avoidance System (TCAS) indications.

* * * * *
We are issuing this AD to prevent possible mid-air collisions due to 
lack of visibility of TCAS indications on the PFD. The proposed AD 
would require actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: We must receive comments on this proposed AD by December 17, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this proposed AD, 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.

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:

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-2008-1215; 
Directorate Identifier 2008-NM-072-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 based on 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0032, dated February 21, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Two incidents have occurred due to the lack of visibility on the 
Primary Flight Display (PFD) of the Traffic Alert and Collision 
Avoidance System (TCAS) indications.
    EIS2 [electronic instrument system 2] standard S7 introduces 
modifications to the vertical speed indication to improve the 
legibility in case of TCAS Resolution Advisory.
    The modifications consist in changing the colour of the needle 
and increasing the width of the TCAS green band.
    This AD supersedes [EASA] AD 2006-0108 [dated May 3, 2006]. 
Also, as all aircraft in this AD applicability have been retrofitted 
to at least S4.2 standard, the operational limitations contained in 
the Compliance paragraph 2. of AD 2006-0108 have already been 
addressed.
    This AD therefore mandates the installation of the improved EIS2 
standard S7.

We are issuing this AD to prevent possible mid-air collisions due to 
lack of visibility of TCAS indications on the PFD. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-31-1276, Revision 01, dated 
March 5, 2008. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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

[[Page 67814]]

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 113 products of U.S. registry. We also estimate that 
it would take about 4 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $0 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 costs. 
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 the proposed AD on U.S. operators to 
be $36,160, or $320 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;
    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 proposed AD and placed it 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:

Airbus: Docket No. FAA-2008-1215; Directorate Identifier 2008-NM-
072-AD.

Comments Due Date

    (a) We must receive comments by December 17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111, A318-112, A319-
111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, 
A319-133, A320-111, A320-211, A320-212, A320-214, A320-231, A320-
232, A320-233, A321-111, A321-112, A321-131, A321-211, A321-212, 
A321-213, A321-231, and A321-232, certificated in any category; 
equipped with EIS2 (electronic instrument system 2) standard S4.2 
(DMC disk part number F1419418) installed by Airbus Modification 
34571, or Airbus Service Bulletin A320-31A1220, or Airbus Service 
Bulletin A320-31-1234; except those airplanes on which Airbus 
Modification 36725 has been embodied in production.

Subject

    (d) Air Transport Association (ATA) of America Code 31: 
Instruments.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Two incidents have occurred due to the lack of visibility on the 
Primary Flight Display (PFD) of the Traffic Alert and Collision 
Avoidance System (TCAS) indications.
    EIS2 standard S7 introduces modifications to the vertical speed 
indication to improve the legibility in case of TCAS Resolution 
Advisory.
    The modifications consist in changing the colour of the needle 
and increasing the width of the TCAS green band.
    This AD supersedes AD 2006-0108 [dated May 3, 2006]. Also, as 
all aircraft in this AD applicability have been retrofitted to at 
least S4.2 standard, the operational limitations contained in the 
Compliance paragraph 2. of AD 2006-0108 have already been addressed.
    This AD therefore mandates the installation of the improved EIS2 
standard S7.

We are issuing this AD to prevent possible mid-air collisions due to 
lack of visibility of TCAS indications on the PFD.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 12 months after the effective date of this AD, 
install EIS2 standard S7 (DMC disk part number F1461768), in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-31-1276, Revision 01, dated March 5, 2008.
    (2) Installations done before the effective date of this AD in 
accordance with Airbus Service Bulletin A320-31-1263, Revision 01, 
dated July 20, 2007; Airbus Service Bulletin A320-31-1263, Revision 
02, dated August 10, 2007; Airbus Service Bulletin A320-31-1263, 
Revision 03, dated November 23, 2007; or Airbus Service Bulletin 
A320-31-1276, dated April 18, 2007; are acceptable for compliance 
with the requirements of paragraph (f)(1) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) This AD does not include the operational limitations 
specified in paragraph 1 of the MCAI. The MCAI carried these 
limitations forward from European Aviation Safety Agency (EASA) 
Airworthiness Directive 2006-0108, dated May 3, 2006. The FAA-
approved Master Minimum Equipment List (MMEL) already contains these 
and more restrictive operational limitations, and we previously 
determined that no action was required on our part regarding this 
provision of EASA AD 2006-0108.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.

[[Page 67815]]

Send information to ATTN: Tim Dulin, Aerospace Engineer, 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 appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (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, 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 EASA Airworthiness Directive 2008-0032, dated 
February 21, 2008, and Airbus Service Bulletin A320-31-1276, 
Revision 01, dated March 5, 2008, for related information.

    Issued in Renton, Washington, on November 6, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-27167 Filed 11-14-08; 8:45 am]
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