[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Proposed Rules]
[Pages 17364-17366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7290]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0259; Directorate Identifier 2010-NM-196-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault-Aviation Model FALCON 7X
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. 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:
Several occurrences of untimely radio-altimeter lock-up have
been reported, where the failed radio-altimeter indicated a negative
distance to the ground despite the aircraft was flying at medium or
high altitude.
A locked radio-altimeter 1 leads to untimely inhibition
of warnings that could be displayed along with certain abnormal
conditions while the avionic system switches into landing mode
during altitude cruise.
* * * * *
[Untimely radio altimeter lock-up] may cause the crew to be
unaware of possible system failures that could require urgent crew's
actions.
* * * * *
[[Page 17365]]
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 May 13, 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 W12-40, 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: 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-2011-0259;
Directorate Identifier 2010-NM-196-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
On December 28, 2009, we issued AD 2010-02-02, Amendment 39-16173
(75 FR 1697, January 13, 2010). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2010-02-02, new features to display a ``RA
miscompare'' flag on both primary display units (PDU) have been
developed, which accepts a commanded system reversion to the correct
radio-altimeter output. The European Aviation Safety Agency (EASA),
which is the Technical Agent for the Member States of the European
Community, has issued EASA 2009-0208R1, dated June 2, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Several occurrences of untimely radio-altimeter lock-up have
been reported, where the failed radio-altimeter indicated a negative
distance to the ground despite the aircraft was flying at medium or
high altitude.
A locked radio-altimeter 1 leads to untimely inhibition
of warnings that could be displayed along with certain abnormal
conditions while the avionic system switches into landing mode
during altitude cruise.
* * * * *
[Untimely radio altimeter lock-up] may cause the crew to be
unaware of possible system failures that could require urgent crew's
actions.
To address this unsafe condition, [EASA] AD 2009-0208 was issued
on 13 October 2009 [which corresponds with FAA AD 2010-02-02]. It
mandated application of a new abnormal Airplane Flight Manual (AFM)
procedure when radio-altimeter 1 lock-up occurs and
prohibited dispatch of the aeroplane with any radio-altimeter
inoperative.
Since AD 2009-0208 was issued, Easy avionics load 10 has been
developed with change M0566 or Service Bulletin (SB) Falcon 7X
n[deg]100 that brings new features to display a ``RA miscompare''
flag on both Primary Display Units (PDU) and accepts a commanded
system reversion to the correct radio-altimeter output.
EASA AD 2009-0208R1 is issued to allow not deactivating radio-
altimeter 1 in case lock-up conditions occur in flight for
aeroplanes on which M0566 or SB Falcon 7X n[deg]100 has been
embodied.
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 24 products of U.S. registry.
The actions that are required by AD 2010-02-02 and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work hour. Based on these figures, the estimated cost
of the currently required actions is $85 per product.
We estimate that it would take about 1 work-hour per product to
comply with the new 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 $2,040, 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
[[Page 17366]]
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, 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 removing Amendment 39-16173 (75 FR
1697, January 13, 2010) and adding the following new AD:
Dassault-Aviation: Docket No. FAA-2011-0259; Directorate Identifier
2010-NM-196-AD.
Comments Due Date
(a) We must receive comments by May 13, 2011.
Affected ADs
(b) This AD supersedes AD 2010-02-02, Amendment 39-16173.
Applicability
(c) This AD applies to Dassault-Aviation Model FALCON 7X
airplanes, certificated in any category, all serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 34:
Navigation.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Several occurrences of untimely radio-altimeter lock-up have
been reported, where the failed radio-altimeter indicated a negative
distance to the ground despite the aircraft was flying at medium or
high altitude.
A locked radio-altimeter 1 leads to untimely inhibition
of warnings that could be displayed along with certain abnormal
conditions while the avionic system switches into landing mode
during altitude cruise.
* * * * *
[Untimely radio altimeter lock-up] may cause the crew to be
unaware of possible system failures that could require urgent crew's
actions.
* * * * *
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.
Restatement of Requirements of AD 2010-02-02, With Revised Affected
Airplanes
(g) For airplanes on which modification M0566 and Dassault
Service Bulletin Falcon 7X-100 has not been accomplished: Within 14
days after January 28, 2010 (the effective date of AD 2010-02-02),
revise the Limitations Section of the Dassault Falcon 7X Airplane
Flight Manual (AFM) to include the following statement. This may be
done by inserting a copy of this AD in the AFM.
``If radio-altimeter 1 lock-up conditions occur in
flight, power off radio-altimeter 1, in accordance with the
instructions of Falcon 7X AFM procedure 3-140-65.
Dispatch of the airplane with any radio-altimeter inoperative is
prohibited.''
Note 1: When a statement identical to that in paragraph (g) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.
New Requirements of This AD
(h) For airplanes on which M0566 or Dassault Service Bulletin
Falcon 7X-100 has been accomplished: Within 14 days after the
effective date of this AD, revise the Limitations Section of the
Dassault Falcon 7X AFM to include the following statement. This may
be done by inserting a copy of this AD in the AFM. Doing this
revision terminates the requirements of paragraph (g) of this AD.
``If radio-altimeter 1 lock-up conditions occur in
flight, revert to the correct radio-altimeter output, in accordance
with the instructions of Falcon 7X AFM procedure 3-140-65B and 3-
140-70A.
Dispatch of the airplane with any radio-altimeter inoperative is
prohibited.''
Note 2: When a statement identical to that in paragraph (h) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(i) 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. 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 International Branch, send it 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.
Information may be e-mailed to: [email protected].
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. 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.
Related Information
(j) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2009-0208R1, dated June 2, 2010, for related
information.
Issued in Renton, Washington, on March 21, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-7290 Filed 3-28-11; 8:45 am]
BILLING CODE 4910-13-P