[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Rules and Regulations]
[Pages 47527-47529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18640]



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  Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Rules 
and Regulations  

[[Page 47527]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0669; Directorate Identifier 2013-NM-117-AD; 
Amendment 39-17540; AD 2013-16-02]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model FALCON 7X airplanes. This AD requires 
incorporation of a new procedure into the airplane flight manual (AFM). 
This AD was prompted by a report of a runway excursion caused by 
failure of the nose landing gear position feed-back assembly. We are 
issuing this AD to detect and correct an incorrect angle signal causing 
an un-commanded nose wheel deflection, which could result in reduced 
controllability of the airplane.

DATES: This AD becomes effective August 21, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 21, 
2013.
    We must receive comments on this AD by September 20, 2013.

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 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, WA 98057-3356; telephone 425-227-1137; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

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 2013-0128, dated June 17, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

A Falcon 7X aeroplane recently experienced a runway excursion. The 
results of the subsequent technical investigations accomplished by 
Dassault Aviation identified a failure of the Nose Landing Gear 
position feed-back assembly, due to an incorrect angle signal 
resulting in un-commanded nose wheel deflection which could not be 
countered by the pilot.

This condition, if not detected and corrected, could lead to further 
similar events, which could result in [reduced controllability of 
the airplane and] damage to the aeroplane.

To address this potential unsafe condition, pending the development 
of an assembly with improved design, Dassault Aviation published an 
operational procedure, for checking the condition of the nose wheel 
steering position feed-back. This procedure has been incorporated 
into the applicable electronic checklist.

For the reasons described above, this [EASA] AD requires 
incorporation of the new procedure into the Airplane Flight Manual 
(AFM) and an update of the Electronic Check List (ECL).

This [EASA] AD is considered to be an interim action and further AD 
action may follow.

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

Relevant Service Information

    Dassault has issued (Change Proposal) CP076, approved by EASA on 
June 17, 2013, to the Dassault Falcon 7X Airplane Flight Manual 
DGT105608. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and MCAI

    This action will not require the update of the electronic checklist 
(ECL), as required by the MCAI. The ECL is not part of the approved 
type design of the airplane and all pertinent requirements are mandated 
through the AFM change.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because an 
incorrect angle signal causing an un-commanded nose wheel deflection 
could result in reduced controllability of the airplane. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable

[[Page 47528]]

and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2013-0669; Directorate 
Identifier 2013-NM-117-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 AD.

Costs of Compliance

    We estimate that this AD affects 39 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the AFM........................  1 work-hour x $85 per                 $0             $85          $3,315
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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:

2013-16-02 Dassault Aviation: Amendment 39-17540. Docket No. FAA-
2013-0669; Directorate Identifier 2013-NM-117-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 21, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, 
certificated in any category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report of a runway excursion caused by 
failure of the nose landing gear position feed-back assembly. We are 
issuing this AD to detect and correct an incorrect angle signal 
causing an un-commanded nose wheel deflection, which could result in 
reduced controllability of the airplane.

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision

    Within 30 days after the effective date of this AD, revise the 
Limitations and Normal Procedures sections to incorporate the 
procedures in Dassault Change Proposal (CP)076, approved by European 
Aviation Safety Agency (EASA) on June 17, 2013, to the Dassault 
Falcon 7X Airplane Flight Manual (AFM) DGT105608. Dassault CP076, 
approved by EASA on June 17, 2013, introduces procedures for 
checking the condition of the nose wheel steering position feedback. 
Thereafter, operate the airplane according to the limitations and 
procedures in Dassault CP076, approved by EASA on June 17, 2013. The 
revision may be done by inserting a copy of Dassault CP076, approved 
by EASA on June 17, 2013, in the AFM. When this change proposal has 
been included in general revisions of the AFM, the general revisions 
may be inserted in the AFM, provided the relevant information in the 
general revision is identical to that in Dassault CP076, approved by 
EASA on June 17, 2013, and the change proposal may be removed from 
the AFM. These amendments take precedence over the same procedures 
displayed through the electronic checklist (ECL).

(h) Other FAA AD Provisions

    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

[[Page 47529]]

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, WA 98057-3356; 
telephone 425-227-1137; fax 425-227-1149. Information may be emailed 
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.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2013-0128, dated June 17, 2013, for 
related information. This MCAI may be found in the AD docket on the 
Internet at http://www.regulations.gov.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Dassault (Change Proposal) CP076, approved by EASA on June 
17, 2013, to the Dassault Falcon 7X Airplane Flight Manual 
DGT105608.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; 
telephone 201-440-6700; Internet http://www.dassaultfalcon.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


    Issued in Renton, Washington, on July 26, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-18640 Filed 8-5-13; 8:45 am]
BILLING CODE 4910-13-P