[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]


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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).

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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