Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 8919 

following special conditions as part of 

the type certification basis for the GVI 

airplanes. 

1. In lieu of compliance with 

§ 25.335(b)(1), if the flight control 

system includes functions that act 

automatically to initiate recovery before 

the end of the 20 second period 

specified in § 25.335(b)(1), VD/MD must 

be determined from the greater of the 

speeds resulting from conditions (a) and 

(b) below. The speed increase occurring 

in these maneuvers may be calculated if 

reliable or conservative aerodynamic 

data are used. 

(a) From an initial condition of 

stabilized flight at VC/MC, the airplane 

is upset so as to take up a new flight 

path 7.5 degrees below the initial path. 

Control application, up to full authority, 

is made to try to maintain this new 

flight path. Twenty seconds after 

initiating the upset, manual recovery is 

made at a load factor of 1.5 g (0.5 

acceleration increment), or a greater 

load factor that is automatically applied 

by the system with the pilot’s pitch 

control neutral. Power, as specified in 

§ 25.175(b)(1)(iv), is assumed until 

recovery is initiated, at which time 

power reduction and the use of pilot 

controlled drag devices may be used. 

(b) From a speed below VC/MC, with 

power to maintain stabilized level flight 

at this speed, the airplane is upset so as 

to accelerate through VC/MC at a flight 

path 15 degrees below the initial path 

(or at the steepest nose down attitude 

that the system will permit with full 

control authority if less than 15 

degrees). The pilot’s controls may be in 

the neutral position after reaching 

VC/MC and before recovery is initiated. 

Recovery may be initiated three seconds 

after operation of high speed warning 

system by application of a load factor of 

1.5g (0.5 acceleration increment), or 

such greater load factor that is 

automatically applied by the system 

with the pilot’s pitch control neutral. 

Power may be reduced simultaneously. 

All other means of decelerating the 

airplane, the use of which are 

authorized up to the highest speed 

reached in the maneuver, may be used. 

The interval between successive pilot 

actions must not be less than one 

second. 

2. The applicant must also 

demonstrate that the speed margin, 

established as above, will not be 

exceeded in inadvertent or gust induced 

upsets resulting in initiation of the dive 

from non-symmetric attitudes, unless 

the airplane is protected by the flight 

control laws from getting into nonsymmetric upset conditions. The upset 

maneuvers described in Advisory 

Circular 25–7A, Change 1, section 32, 

paragraphs c.(3)(i) and (iii) may be used 

to comply with this requirement. 

3. Any failure of the high speed 

protection system that would affect the 

speed margin determined by paragraphs 

1. and 2. must be improbable (occur at 

a rate less than 10-5 per flight hour). 

4. Failures of the system must be 

annunciated to the pilots, and flight 

manual instructions must be provided 

to reduce the maximum operating 

speeds, VMO/MMO. The operating speed 

must be reduced to a value that 

maintains a speed margin between 

VMO/MMO and VD/MD that is consistent 

with showing compliance with 

§ 25.335(b) without the benefit of the 

high speed protection system. 

5. Master minimum equipment list 

(MMEL) relief for the high speed 

protection system may be considered by 

the FAA Flight Operations Evaluation 

Board (FOEB) provided that the flight 

manual instructions indicate reduced 

maximum operating speeds as described 

in paragraph 4., and that no additional 

hazards are introduced with the high 

speed protection system inoperative. In 

addition, the cockpit display of the 

reduced operating speeds, as well as the 

overspeed warning for exceeding those 

speeds, must be equivalent to that of the 

normal airplane with the high speed 

protection system operative. 

Issued in Renton, Washington, on February 

3, 2011. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–3412 Filed 2–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0042; Directorate 

Identifier 2010–NM–267–AD] 

RIN 2120–AA64 

Airworthiness Directives; DASSAULT 

AVIATION Model MYSTERE-FALCON 

50 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: 

On two occurrences on Myste`re-Falcon 50 

aeroplanes in service, it was detected that 

two pipes of the emergency brake system #2 

located near the nose landing gear bearing 

were swapped. 

The swapping of these two pipes implies 

that when the Left Hand (LH) brake pedal is 

depressed, the Right Hand (RH) brake unit is 

activated, and conversely, when the RH brake 

pedal is depressed, the LH brake unit is 

actuated. This constitutes an unsafe 

condition, which may go unnoticed as the 

condition is latent until the emergency brake 

system #2 is used. This condition, if not 

corrected, could ultimately lead to a runway 

excursion of the aeroplane. 

* * * * * 

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 4, 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. 

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 


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8920 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 

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–2011–0042; Directorate Identifier 

2010–NM–267–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 November 15, 2010, we issued AD 

2010–24–08, Amendment 39–16527 (75 

FR 71530, November 24, 2010). That AD 

required actions intended to address an 

unsafe condition on Model MYSTEREFALCON 50 Airplanes. 

In AD 2010–24–08, we pointed out 

that the corresponding EASA AD, AD 

2010–0208–E, dated October 12, 2010, 

requires painting the pipes end of the 

emergency brake system number 2 and 

related unions within 7 months after the 

effective date of that AD. We explained 

that AD 2010–24–08 did not require that 

action, and that we might consider 

additional rulemaking to require this 

action in the future. We have 

determined that further rulemaking is 

indeed necessary to require that action, 

and this AD follows from that 

determination. 

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 248 products of U.S. 

registry. 

The actions that are required by AD 

2010–24–08 and retained in this 

proposed AD take about 2 work-hours 

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 $170 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 

$21,080, 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, Incorporation by reference, 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Amendment 39–16527 (75 FR 

71530, November 24, 2010) and adding 

the following new AD: 

Dassault Aviation: Docket No. FAA–2011– 

0042; Directorate Identifier 2010–NM– 

267–AD. 

Comments Due Date 

(a) We must receive comments by April 4, 

2011. 

Affected ADs 

(b) This AD supersedes AD 2010–24–08, 

Amendment 39–16527. 


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Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 8921 

Applicability 

(c) This AD applies to DASSAULT 

AVIATION Model MYSTERE–FALCON 50 

airplanes, certificated in any category, all 

serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

On two occurrences on Myste`re-Falcon 50 

aeroplanes in service, it was detected that 

two pipes of the emergency brake system #2 

located near the nose landing gear bearing 

were swapped. 

The swapping of these two pipes implies 

that when the Left Hand (LH) brake pedal is 

depressed, the Right Hand (RH) brake unit is 

activated, and conversely, when the RH brake 

pedal is depressed, the LH brake unit is 

actuated. This constitutes an unsafe 

condition, which may go unnoticed as the 

condition is latent until the emergency brake 

system #2 is used. This condition, if not 

corrected, could ultimately lead to a runway 

excursion of the aeroplane. 

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– 

24–08 

Actions 

(g) Within 7 days after December 9, 2010 

(the effective date of AD 2010–24–08), do a 

general visual inspection for correct 

installation (as defined in Dassault Service 

Bulletin F50–515, dated October 12, 2010) of 

the emergency brake system number 2, in 

accordance with the Accomplishment 

Instructions of Dassault Service Bulletin 

F50–515, dated October 12, 2010, except that 

work required by this AD can only be done 

by persons prescribed in 14 CFR 43.3 and 

43.7. 

(h) If the emergency brake system number 

2 is found installed incorrectly during the 

inspection required by paragraph (g) of this 

AD: Before further flight, install the 

emergency brake system number 2 correctly, 

in accordance with the Accomplishment 

Instructions of Dassault Service Bulletin 

F50–515, dated October 12, 2010. 

New Requirements of This AD 

(i) Within 7 months after the effective date 

of this AD, paint the pipe ends of the 

emergency brake system #2 and related 

unions, in accordance with paragraph 2.C. of 

the Accomplishment Instructions of Dassault 

Service Bulletin F50–515, dated October 12, 

2010. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

(1) European Aviation Safety Agency 

(EASA) AD 2010–0208–E, dated October 12, 

2010, has a compliance time of ‘‘before the 

next flight after the effective date of this AD.’’ 

This AD requires that the actions be done 

within 7 days after the effective date of AD 

2010–24–08. 

(2) EASA AD 2010–0208–E, dated October 

12, 2010, allows the flightcrew to inspect the 

emergency brake system number 2 specified 

in accordance with Dassault Service Bulletin 

F50–515, dated October 12, 2010. However, 

this AD requires the inspection to be 

performed by certificated maintenance 

personnel. 

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. 

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. 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 EASA AD 2010–0208– 

E, dated October 12, 2010; and Dassault 

Service Bulletin F50–515, dated October 12, 

2010; for related information. 

Issued in Renton, Washington, on February 

7, 2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–3532 Filed 2–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0016; Airspace 

Docket No. 11–ANM–1] 

Proposed Modification of Class E 

Airspace; Poplar, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at Poplar 

Municipal Airport, Poplar, MT. The 

airport was moved 1.5 nautical miles 

(NM) to the northeast. Controlled 

airspace is necessary to accommodate 

aircraft using new Area Navigation 

(RNAV) Global Positioning System 

(GPS) standard instrument approach 

procedures at Poplar Municipal Airport, 

Poplar, MT. The FAA is proposing this 

action to enhance the safety and 

management of aircraft operations at 

Poplar Municipal Airport, Poplar, MT. 

This will also correct the airport name 

from Poplar Airport. 

DATES: Comments must be received on 

or before April 4, 2011. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2011–0016; Airspace 

Docket No. 11–ANM–1, at the beginning 

of your comments. You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 


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