Federal Register, Volume 76 Issue 3 (Wednesday, January 5, 2011)

[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Proposed Rules]
[Pages 480-482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33334]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1306; Directorate Identifier 2010-NM-112-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault-Aviation Model FALCON 7X
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:

A design review has revealed a potential dormant failure of the
Ram Air Turbine (RAT) heating system. If this failure occurs, it
could lead to the freezing of the RAT mechanism and the consequent
non-deployment of the RAT when needed.
* * * * *

Non-deployment of the RAT could result in insufficient electrical power
to operate the fly-by-wire system, and

[[Page 481]]

subsequent loss of control of the airplane. 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 February 22,
2011.

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 W12-140, 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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; 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-2010-1306;
Directorate Identifier 2010-NM-112-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 2010-0033, dated March 3, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

The purpose of this AD is to require a repetitive functional
test of the RAT heater * * *.

Non-deployment of the RAT could result in insufficient electrical power
to operate the fly-by-wire system, and subsequent loss of control of
the airplane. The corrective action is repairing using a method
approved by either the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA) (or its delegated agent). You may obtain further
information by examining the MCAI in the AD docket.

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 21 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $1,785, or $85 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.

[[Page 482]]

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, 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:

Dassault-Aviation: Docket No. FAA-2010-1306; Directorate Identifier
2010-NM-112-AD.

Comments Due Date

(a) We must receive comments by February 22, 2011.

Affected ADs

(b) None.

Applicability

Subject

(d) Air Transport Association (ATA) of America Code 24:
Electrical power.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
A design review has revealed a potential dormant failure of the
Ram Air Turbine (RAT) heating system. If this failure occurs, it
could lead to the freezing of the RAT mechanism and the consequent
non-deployment of the RAT when needed.
* * * * *
Non-deployment of the RAT could result in insufficient electrical
power to operate the fly-by-wire system, and subsequent loss of
control of the airplane.

Compliance

(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

(g) At the applicable times specified in paragraph (g)(1) or
(g)(2) of this AD, do a functional test of the RAT heater using a
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA) (or its delegated agent). Repeat the functional
test of the RAT heater thereafter at the applicable time specified
in paragraph (g)(1) or (g)(2) of this AD. If any functional test
fails, before further flight, repair using a method approved by
either the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or EASA (or its delegated agent).
(1) For Falcon 7X airplanes on which modification M0305 has not
been done and on which Dassault Service Bulletin 7X-018, dated March
6, 2009, has not been done: Within 650 flight hours after the
effective date of this AD, do a functional test of the RAT heater
and repeat the functional test of the RAT heater thereafter at
intervals not to exceed 650 flight hours.
(2) For Falcon 7X airplanes on which modification M0305 has been
done or on which Dassault Service Bulletin 7X-018, dated March 6,
2009, has been done: Within 1,900 flight hours after the effective
date of this AD or after modification M0305 or Dassault Service
Bulletin 7X-018, dated March 6, 2009, has been done, whichever
occurs later, do a functional test of the RAT heater: Repeat the
functional test of the RAT heater thereafter at intervals not to
exceed 1,900 flight hours.

Note 1: Additional guidance for doing the functional test of the
RAT heater required by paragraph (g) of this AD can be found in Task
24-50-25-720-801, Functional Test of the RAT Heater, dated January
16, 2009, of the Dassault Falcon 7X Aircraft Maintenance Manual
(AMM).

FAA AD Differences

Note 2: This AD differs from the MCAI and/or service information
as follows:
(1) The MCAI provides an option of inserting the MCAI into the
Falcon 7X AMM Chapter 5-40, pending publication of the revised AMM
Chapter 5-40. This AD does not have that option.
(2) The MCAI requires doing the actions in accordance with
Maintenance Task 24-50-25-720-801, Chapter 5-40, of the Dassault
Falcon 7X AMM. However, this AD requires that the actions be done
using a method approved by the FAA or EASA (or its delegated agent).

Other FAA AD Provisions

(h) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1137; 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. The AMOC approval letter must
specifically reference this AD.
(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: A Federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Related Information

(i) Refer to MCAI EASA Airworthiness Directive 2010-0033, dated
March 3, 2010, for related information.

Issued in Renton, Washington, on December 27, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-33334 Filed 1-4-11; 8:45 am]
BILLING CODE 4910-13-P