[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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Software upgrade...................  2 work-hours x $85 per hour          $2,870          $3,040     $27,360,000
                                      = $170.
----------------------------------------------------------------------------------------------------------------

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--
------------------------------------------------------------------------
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).
------------------------------------------------------------------------

(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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