[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Proposed Rules]
[Pages 13924-13926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5899]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0222; Directorate Identifier 2010-NM-056-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. 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:

    Time between overhaul (TBO) of DC [direct current] generator 
bearings is set at 1 000 flight hours (FH) in the airworthiness 
limitations section of the Falcon 7X Aircraft Maintenance Manual 
Chapter 5.40.
    In service report has shown that the bearing current design 
cannot sustain the current TBO. * * *
* * * * *
    Failure to comply with those revised maintenance tasks could 
constitute an unsafe condition.

Failure of the DC generator bearings could lead to loss of the 
generator and potential loss of electrical power to the fly-by-wire 
system and 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 April 29, 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.
    For service information identified in this proposed AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606; 
telephone 201-440-6700; Internet http://www.dassaultfalcon.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 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-2011-0222; 
Directorate Identifier 2010-NM-056-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 2009-0254, dated December 1, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:


[[Page 13925]]


    Time between overhaul (TBO) of DC [direct current] generator 
bearings is set at 1,000 flight hours (FH) in the airworthiness 
limitations section of the Falcon 7X Aircraft Maintenance Manual 
Chapter 5.40.
    In service report has shown that the bearing current design 
cannot sustain the current TBO. In order to prevent unscheduled 
removal of DC generators, TBO is reduced down to 650 FH.
    This change is expected to be introduced in the next scheduled 
revision of Chapter 5.40 of Falcon 7X Aircraft Maintenance Manual.
    The purpose of this AD is to require accomplishment of the more 
restrictive maximum time limits for DC generators P/N 30089-004 or 
30089-005.
    Failure to comply with those revised maintenance tasks could 
constitute an unsafe condition.

Failure of the DC generator bearings could lead to loss of the 
generator and potential loss of electrical power to the fly-by-wire 
system and subsequent loss of control of the airplane. 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.
    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-2011-0222; Directorate Identifier 
2010-NM-056-AD.

Comments Due Date

    (a) We must receive comments by April 29, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault-Aviation Model FALCON 7X 
airplanes, all serial numbers, equipped with DC generators having 
part number (P/N) 30089-004 or 30089-005; certificated in any 
category.

    Note 1:  This AD requires revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired 
in the areas addressed by this AD, the operator may not be able to 
accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(C), the operator must 
request approval of an alternative method of compliance (AMOC) 
according to paragraph (j) of this AD. The request should include a 
description of changes to the required actions that will ensure the 
continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 05.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Time between overhaul (TBO) of DC [direct current] generator 
bearings is set at 1,000 flight hours (FH) in the airworthiness 
limitations section of the Falcon 7X Aircraft Maintenance Manual 
Chapter 5.40.
    In service report has shown that the bearing current design 
cannot sustain the current TBO. * * *
* * * * *
Failure to comply with those revised maintenance tasks could 
constitute an unsafe condition.

    Failure of the DC generator bearings could lead to loss of the 
generator and potential loss of electrical power to the fly-by-wire 
system and subsequent loss of control of the airplane.

[[Page 13926]]

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) Within 30 days after the effective date of this AD, revise 
the maintenance program, to incorporate the limitation for reduced 
maximum time limit between overhauls defined below. This may be done 
by inserting a copy of this AD into the limitations section (Chapter 
5-40-00) of Dassault Falcon 7X Maintenance Manual DGT 107838, as 
revised by Temporary Revision TR-02, dated February 19, 2008.

------------------------------------------------------------------------
            MPD task                     Title          Max time limit
------------------------------------------------------------------------
24-31-01-350-801................  Restoration of the  650 FH (instead of
                                   DC generators       1,000 FH).
                                   (bearing).
------------------------------------------------------------------------


    Note 2: When a statement identical to that in paragraph (g) of 
this AD has been included in the general revisions of the 
maintenance manual, the general revisions may be inserted into the 
maintenance manual and the copy of this AD may be removed from the 
maintenance manual provided the relevant information in the general 
revision is identical to that in paragraph (g) of this AD.

    (h) For the maintenance planning document (MPD) task identified 
in paragraph (g) of this AD, the initial compliance time is the 
later of the times in paragraphs (h)(1), (h)(2), and (h)(3) of this 
AD.
    (1) Prior to the accumulation of 650 flight hours on the DC 
generators (bearings).
    (2) Within 650 flight hours after the last accomplishment of the 
restoration of the DC generators (bearing) specified in MPD Task 24-
31-01-350-801.
    (3) Within 12 flight hours after the effective date of this AD.

No Alternative Actions or Intervals

    (i) After accomplishing the revision required by paragraph (g) 
of this AD, no alternative actions (e.g., inspections), or intervals 
may be used unless the actions or intervals are approved as an AMOC 
in accordance with the procedures specified in paragraph (j) of this 
AD.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (j) 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: 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, 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

    (k) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2009-0254, dated December 1, 2009, for 
related information.

    Issued in Renton, Washington, on March 8, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-5899 Filed 3-14-11; 8:45 am]
BILLING CODE 4910-13-P