[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Rules and Regulations]
[Pages 6000-6003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2560]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-1204; Directorate Identifier 2010-NM-147-AD;
Amendment 39-16931; AD 2012-02-08]
RIN 2120-AA64
Airworthiness Directives; Aviation Communication & Surveillance
Systems (ACSS) Traffic Alert and Collision Avoidance System (TCAS)
Units
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
ACSS TCAS units installed on but not limited to various transport and
small airplanes. This AD was prompted by reports of anomalies with TCAS
units during a flight test over a high density airport. The TCAS units
dropped several reduced surveillance aircraft tracks because of
interference limiting. This AD requires upgrading software. We are
issuing this AD to prevent TCAS units from dropping tracks, which could
compromise separation of air traffic and lead to subsequent mid-air
collisions.
DATES: This AD is effective March 13, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 13,
2012.
ADDRESSES: For service information identified in this AD, contact
Aviation Communication & Surveillance Systems, LLC, 19810 North 7th
Avenue, Phoenix, Arizona 85027-4741; phone: 623-445-7040; fax: 623-445-
7004; email: 3com.com">acss.orderadmin@L-3com.com; Internet: http://www.acss.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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Abby Malmir, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood,
California 90712-4137; phone: 562-627-5351; fax: 562-627-5210; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to include an airworthiness directive (AD) that
would apply to the specified products. That SNPRM was published in the
Federal Register on October 7, 2011 (76 FR 62321). The original NPRM
(75 FR 81512, December 28, 2010) proposed to require upgrading
software. The SNPRM proposed to require new updated software for
certain TCAS units.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.
Request To Allow TCAS 7.1 Modification
UPS, Qantas, and Dassault requested that we allow the TCAS 7.1
modification (as an alternative to the modification specified in the
proposed AD) as an acceptable method of compliance with the proposed
AD, since the 7.1 modification incorporates the intent of the proposed
AD. The commenters reported that the European Aviation Safety Agency
(EASA) has proposed rulemaking to mandate the 7.1 modification for
airplanes operating in European airspace (EASA Notice of Proposed
Amendment 2010-03, dated March 25, 2010). The requirements of the FAA
and EASA rules therefore could overlap: an airplane equipped with the
7.1 modification in compliance with the EASA rule would require an
alternative method of compliance (AMOC) to be in compliance with the
FAA AD. The commenters concluded that, if the 7.1 modification were
allowed in the FAA AD, these affected ACSS TCAS computers would need to
be modified only once and would still be in compliance with both FAA
and EASA rules. Dassault noted that ACSS is developing service
bulletins to provide procedures for upgrading to the 7.1 standard.
We disagree to change this final rule to also allow the version 7.1
modification for all TCAS products. ACSS has not developed all software
versions that implement the 7.1 standard for all affected TCAS units
and airplane models covered by this AD, so there is no complete list of
service information available that includes the procedures and
information for incorporating the 7.1 modification. Because additional
changes will likely be added in the future, additional software
versions with different part numbers will be produced, and it will be
necessary to issue AMOCs to accommodate requests to install such future
software versions. Under the provisions of paragraph (i) of this final
rule, we will consider requests for an alternative method of compliance
with the AD requirements to allow different software versions.
Request To Extend Compliance Time
UPS requested that we reinstate the 48-month compliance time, as
originally proposed, to accommodate the extent of the work necessary to
comply with the proposed AD--including updating the fleet supplemental
type certificates (STCs), and changing affected maintenance programs.
Qantas noted that reducing the compliance time from 48 to 36 months
will affect U.S. operators and also affect airplanes operating outside
the U.S. Quantas stated many operators will choose the option to do the
modification off-wing (a burden on authorized workshops due
[[Page 6001]]
to the number of affected airplanes), and this will affect U.S.
operators' ability to comply with the reduced compliance time.
We disagree to change the compliance time for several reasons.
Since the original NPRM was issued, we have received a report that
another ``Altitude Failure Annunciation'' occurred. We had based the
proposed 36-month compliance time on the anticipated availability of
the corrective action by December 2011, and determined that the
compliance time change was necessary to address the identified unsafe
condition. ACSS has completed the development of the software
modification for fixing this anomaly for all the TCAS models and has
received FAA approval. Therefore, since the modification involves only
a software change, we have determined that 36 months is sufficient to
complete the requirements of the AD. We have not changed the final rule
regarding this issue. Under the provisions of paragraph (i) of the
final rule, however, we may consider requests to adjust the compliance
time if data are submitted to substantiate that such an adjustment
would provide an acceptable level of safety.
Request To Revise Cost Estimate
Qantas suggested that we consider additional factors that could
increase the cost estimate for operators that choose to do the
modification off-wing in a workshop.
We infer that Quantas is requesting that we revise the cost
estimate provided in the proposed AD. We disagree. Based on available
data, the manufacturer provided the number of work-hours necessary to
do the required actions. This number represents the time necessary to
perform only the actions actually required by this AD. We recognize
that, in doing the actions required by an AD, operators might incur
incidental costs in addition to the direct costs. The cost analysis in
AD rulemaking actions, however, typically does not include the
additional costs, which might vary significantly among operators and
are almost impossible to calculate. We have not changed the final rule
regarding this issue.
Explanation of Change to This AD
We have revised paragraph (c) of this AD to clarify the document
reference specified in that paragraph.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously.
Costs of Compliance
We estimate that this AD affects 9,000 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Software upgrade................... 2 work-hours x $85 per hour $2,870 $3,040 $27,360,000
= $170.
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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
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 that this AD:
(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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2012-02-08 Aviation Communication & Surveillance Systems, LLC:
Amendment 39-16931; Docket No. FAA-2010-1204; Directorate Identifier
2010-NM-147-AD.
(a) Effective Date
This AD is effective March 13, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Aviation Communication & Surveillance Systems
(ACSS) traffic alert and collision avoidance system (TCAS) units
with part numbers identified in ACSS Technical Newsletter 8008359,
Revision B, dated August 3, 2011, as installed on but not limited to
various transport and small airplanes, certificated in any category.
Note 1 to paragraph (c) of this AD: Table 1 of this AD also
provides a cross-referenced list of part numbers with associated
service bulletins to help operators identify affected parts.
[[Page 6002]]
Table 1--Service Bulletin and LRU Cross-Reference
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Affected LRU Part ACSS Service
ACCS Product-- Numbers (P/Ns)-- Bulletin--
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TCAS 3000SP................. 9003500-10900, - 8008221-001,
10901, -10902, - Revision 01, dated
55900, -55901, - February 4, 2011
55902, -57901, - (ATA Service
65900, -65901, - Bulletin 9003500-34-
65902. 6014).
TCAS 3000SP................. 9003500-10001, - 8008222-001,
10002, -10003, - Revision 01, dated
10004, -55001, - February 4, 2011
55002, -55003, - (ATA Service
55004, -65001, - Bulletin 9003500-34-
65002, -65003, - 6015).
65004.
TCAS 3000SP................. 9003500-10802....... 8008223-001,
Revision 01, dated
February 4, 2011
(ATA Service
Bulletin 9003500-34-
6016).
TCAS 2000................... 7517900-10003, - 8008229-001,
10004, -10006, - Revision 02, dated
10007, -10011, - June 28, 2011 (ATA
55003, -55004, - Service Bulletin
55006, -55007, - 7517900-34-6040).
55009, -55011, -
71003, -71004, -
71006, -71007, -
71011.
TCAS II..................... 4066010-910, -912... 8008230-001,
Revision 02, dated
June 28, 2011 (ATA
Service Bulletin
4066010-34-6036).
Military TCAS 2000.......... 7517900-56101, - 8008231-001,
56102, -56104, - Revision 02, dated
56105, 56107. June 28, 2011 (ATA
Service Bulletin
7517900-34-6041).
T2CAS....................... 9000000-10002, - 8008233-001,
10003, -10004, - Revision 03, dated
10005, -10006, - June 30, 2011 (ATA
10008, -10204, - Service Bulletin
10205, -10206, - 9000000-34-6016).
10208, -20002, -
20003, -20004, -
20005, -20006, -
20008, -20204, -
20205, -20206, -
20208, -55002, -
55003, -55004, -
55005, -55006, -
55008, -55204, -
55205, -55206, -
55208.
T2CAS....................... 9000000-10110, - 8008234-001,
11111. Revision 02, dated
June 30, 2011 (ATA
Service Bulletin
9000000-34-6017).
TCAS 3000................... 9003000-10001, - 8008235-001,
10002, -10003, - Revision 02, dated
55001, -55002, - February 3, 2011
55003, -65001, - (ATA Service
65002, -65003. Bulletin 9003000-34-
6006).
Military TCAS 2000 MASS..... 7517900-20001, - 8008236-001,
20002, -65001, - Revision 03, dated
65002. June 30, 2011 (ATA
Service Bulletin
7517900-34-6042).
Military T2CAS MASS......... 9000000-30006, - 8008238-001,
40006, -60006. Revision 02, dated
June 30, 2011 (ATA
Service Bulletin
9000000-34-6018).
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(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by reports of anomalies with TCAS units
during a flight test over a high density airport. The TCAS units
dropped several reduced surveillance aircraft tracks because of
interference limiting. We are issuing this AD to prevent TCAS units
from dropping tracks, which could compromise separation of air
traffic and lead to subsequent mid-air collisions.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Upgrade Software
Within 36 months after the effective date of this AD, upgrade
software for the ACSS TCAS, in accordance with the Accomplishment
Instructions of the applicable ACSS publication identified in table
1 of this AD.
Note 2 to paragraph (g) of this AD: ACSS Service Bulletin
8008233-001 (ATA Service Bulletin 9000000-34-6016), Revision 03,
dated June 30, 2011, contains three part numbers (P/Ns 9000000-
10007, -20007, and -55007) that were never produced.
(h) Credit for Actions Done in Accordance With Previous Service
Information
A software upgrade done before the effective date of this AD in
accordance with the applicable service bulletin identified in
paragraphs (h)(1) through (h)(13) of this AD is acceptable for
compliance with the requirements of paragraph (g) of this AD.
(1) ACSS Service Bulletin 8008221-001 (ATA Service Bulletin
9003500-34-6014), dated May 27, 2010.
(2) ACSS Service Bulletin 8008222-001 (ATA Service Bulletin
9003500-34-6015), dated May 27, 2010.
(3) ACSS Service Bulletin 8008223-001 (ATA Service Bulletin
9003500-34-6016), dated May 27, 2010.
(4) ACSS Service Bulletin 8008229-001 (ATA Service Bulletin
7517900-34-6040), Revision 01, dated September 30, 2010.
(5) ACSS Service Bulletin 8008230-001 (ATA Service Bulletin
4066010-34-6036), Revision 01, dated February 1, 2011.
(6) ACSS Service Bulletin 8008231-001 (ATA Service Bulletin
7517900-34-6041), Revision 01, dated October 15, 2010.
(7) ACSS Service Bulletin 8008233-001 (ATA Service Bulletin
9000000-34-6016), Revision 02, dated February 1, 2011.
(8) ACSS Service Bulletin 8008234-001 (ATA Service Bulletin
9000000-34-6017), Revision 01, dated February 1, 2011.
(9) ACSS Service Bulletin 8008235-001 (ATA Service Bulletin
9003000-34-6006), dated June 4, 2010.
(10) ACSS Service Bulletin 8008236-001 (ATA Service Bulletin
7517900-34-6042), dated May 27, 2010.
(11) ACSS Service Bulletin 8008236-001 (ATA Service Bulletin
7517900-34-6042), Revision 02, dated February 1, 2011.
(12) ACSS Service Bulletin 8008238-001 (ATA Service Bulletin
9000000-34-6018), dated June 4, 2010.
(13) ACSS Service Bulletin 8008238-001 (ATA Service Bulletin
9000000-34-6018), Revision 01, dated February 1, 2011.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(j) Related Information
For more information about this AD, contact Abby Malmir,
Aerospace Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los
Angeles Aircraft Certification Office (ACO), 3960 Paramount
Boulevard, Lakewood, California 90712-4137; phone: (562) 627-5351;
fax: (562) 627-5210; email: [email protected].
(k) Material Incorporated by Reference
(1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
(i) ACSS Service Bulletin 8008221-001, Revision 01, dated
February 4, 2011 (ATA Service Bulletin 9003500-34-6014).
[[Page 6003]]
(ii) ACSS Service Bulletin 8008222-001, Revision 01, dated
February 4, 2011 (ATA Service Bulletin 9003500-34-6015).
(iii) ACSS Service Bulletin 8008223-001, Revision 01, dated
February 4, 2011 (ATA Service Bulletin 9003500-34-6016).
(iv) ACSS Service Bulletin 8008229-001, Revision 02, dated June
28, 2011 (ATA Service Bulletin 7517900-34-6040).
(v) ACSS Service Bulletin 8008230-001, Revision 02, dated June
28, 2011 (ATA Service Bulletin 4066010-34-6036).
(vi) ACSS Service Bulletin 8008231-001, Revision 02, dated June
28, 2011 (ATA Service Bulletin 7517900-34-6041).
(vii) ACSS Service Bulletin 8008233-001, Revision 03, dated June
30, 2011 (ATA Service Bulletin 9000000-34-6016).
(viii) ACSS Service Bulletin 8008234-001, Revision 02, dated
June 30, 2011 (ATA Service Bulletin 9000000-34-6017).
(ix) ACSS Service Bulletin 8008235-001, Revision 02, dated
February 3, 2011 (ATA Service Bulletin 9003000-34-6006).
(x) ACSS Service Bulletin 8008236-001, Revision 03, dated June
30, 2011 (ATA Service Bulletin 7517900-34-6042).
(xi) ACSS Service Bulletin 8008238-001, Revision 02, dated June
30, 2011 (ATA Service Bulletin 9000000-34-6018).
(xii) ACSS Technical Newsletter 8008359, Revision B, dated
August 3, 2011.
(2) For service information identified in this AD, contact
Aviation Communication & Surveillance Systems, LLC, 19810 North 7th
Avenue, Phoenix, Arizona 85027-4741; phone: (623) 445-7040; fax:
(623) 445-7004; email: 3com.com">acss.orderadmin@L-3com.com; Internet: http://www.acss.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.
(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 an NARA facility, 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 January 17, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-2560 Filed 2-6-12; 8:45 am]
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