[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Rules and Regulations]
[Pages 25535-25537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10690]


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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; 
Amendment 39-16682; AD 2011-10-01]
RIN 2120-AA64


Airworthiness Directives; Dassault-Aviation Model FALCON 7X 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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 [the potential 
consequence of this heater being inoperative relates primarily to 
generator rotor/turbine assembly rotation--either the ability to 
rotate or to rotate at rated RPM for a given airspeed], and the 
consequent * * * [non-functioning] of the RAT when needed.

* * * * *
Non-functioning of the RAT could result in insufficient electrical 
power to operate the fly-by-wire system, and subsequent loss of control 
of the airplane. We are issuing this AD to require actions to correct 
the unsafe condition on these products.

DATES: This AD becomes effective June 9, 2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on January 5, 2011 (76 
FR 480). That NPRM proposed to correct an unsafe condition for the 
specified products. The 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 [the potential 
consequence of this heater being inoperative relates primarily to 
generator rotor/turbine assembly rotation--either the ability to 
rotate or to rotate at rated RPM for a given airspeed], and the 
consequent * * * [non-functioning] of the RAT when needed.
    The purpose of this AD is to require a repetitive functional 
test of the RAT heater * * *.

    Non-functioning 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. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

[[Page 25536]]

Request To Rephrase Summary and Reason Sections of the NPRM

    Hamilton Sundstrand requested that we rephrase the Summary and 
Reason sections of the NPRM regarding the potential for RAT non-
deployment due to freezing of the RAT mechanism. The commenter stated 
that the malfunction of the RAT heating system would not in itself 
prevent RAT deployment. The commenter stated that the heating system 
consists of only the RAT heater within the generator, and the potential 
consequence of this heater being inoperative relates primarily to 
freezing of the gap between the rotor and stator of the generator 
rotor/turbine assembly, leading to the RAT generator inability to 
rotate or to rotate at rated rotations per minute (RPM) for a given 
airspeed.
    We agree to rephrase the Summary and Reason sections of the AD, as 
well as paragraph (e) of this AD, although the end result of the heater 
issue results in the identified insufficient electrical power to 
operate the fly-by-wire system, and subsequent loss of control of the 
airplane.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 21 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the 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 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 this AD:
    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 AD and placed it in the AD docket.

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 the NPRM, 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.

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 AD:

2011-10-01 Dassault-Aviation: Amendment 39-16682. Docket No. FAA-
2010-1306; Directorate Identifier 2010-NM-112-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 9, 
2011.

Affected ADs

    (b) None.

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 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 [the potential 
consequence of this heater being inoperative relates primarily to 
generator rotor/turbine assembly rotation--either the ability to 
rotate or to rotate at rated RPM for a given airspeed], and the 
consequent * * * [non-functioning] of the RAT when needed.
* * * * *
Non-functioning 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,

[[Page 25537]]

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 
Chapter 5-40 of the Dassault Falcon 7X AMM, pending publication of 
the revised Chapter 5-40 of the Dassault Falcon 7X AMM. This AD does 
not have that option.
    (2) The MCAI requires doing the actions in accordance with Task 
24-50-25-720-801 of 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. 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

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

Material Incorporated by Reference

    (j) None.

    Issued in Renton, Washington, on April 20, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-10690 Filed 5-4-11; 8:45 am]
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