[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Proposed Rules]
[Pages 34274-34276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16778]


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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]
RIN 2120-AA64


Airworthiness Directives; Airbus Model 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 [of near mid-air collision] have occurred on 
Airbus A320 Family aircraft during [a] Resolution Advisory [from 
the] 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.
* * * * *
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 August 14, 2009.

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.
    For service information identified in this proposed 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

[[Page 34275]]

[email protected]; Internet http://www.airbus.com. You 
may review copies of the referenced 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.

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-2009-0649; 
Directorate Identifier 2008-NM-218-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 2008-0198, dated November 4, 2008 (referred to 
after this as ``the MCAI''), 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 [from 
the] 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.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A320-31-1286, dated 
January 22, 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 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 564 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 $180,480, 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

[[Page 34276]]

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-2009-0649; Directorate Identifier 2008-NM-
218-AD.

Comments Due Date

    (a) We must receive comments by August 14, 2009.

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 [from 
the] 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 an 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, 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.

    Issued in Renton, Washington, on July 9, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-16778 Filed 7-14-09; 8:45 am]
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