17364 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Proposed Rules 

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), 

(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 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 adding 

the following new AD: 

Bombardier, Inc.: Docket No. FAA–2011– 

0260; Directorate Identifier 2010–NM– 

242–AD. 

Comments Due Date 

(a) We must receive comments by May 13, 

2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model DHC–8–400, –401, and –402 airplanes 

having serial numbers (S/Ns) 4001 through 

4304 inclusive; certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Several reports have been received on the 

elevator power control units (PCUs) where 

the shaft (tailstock) swaged bearing liners had 

shown a higher than normal rate of wear. 

Investigation revealed that the excessive wear 

was due to the paint contamination between 

the bearing roller and bearing liner. The 

bearing paint contamination is known to be 

abrasive and could seize the bearing. 

This condition, if not corrected, could lead 

to excessive airframe vibrations and 

difficulties in aircraft pitch control. 

* * * * * 

The unsafe condition is loss of 

controllability. 

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. 

Free-Play Check and Corrective Actions 

(g) At the applicable time specified in 

paragraph (g)(1) or (g)(2) of this AD: Perform 

a free-play check for any shaft swaged 

bearing having part number (P/N) MS14103– 

7 that is installed in the tailstock end of each 

elevator PCU (three PCUs per elevator 

surface), having P/Ns 390600–1007 and 

390600–1009, in accordance with paragraph 

3.B., Part A, of Bombardier Service Bulletin 

84–27–52, dated May 25, 2010. 

(1) For airplanes that have accumulated 

8,000 or more total flight hours as of the 

effective date of this AD: Within 2,000 flight 

hours after the effective date of this AD. 

(2) For airplanes that have accumulated 

less than 8,000 total flight hours as of the 

effective date of this AD: Within 6,000 flight 

hours after the effective date of this AD or 

before the accumulation of 10,000 total flight 

hours, whichever occurs first. 

(h) If, during the check required by 

paragraph (g) of this AD, the bearing free-play 

is within the limits specified in Bombardier 

Service Bulletin 84–27–52, dated May 25, 

2010, no further action is required by this 

AD. 

(i) If, during the check required by 

paragraph (g) of this AD, the bearing free-play 

exceeds the limits specified in Bombardier 

Service Bulletin 84–27–52, dated May 25, 

2010: Before further flight, replace the 

elevator PCU with a serviceable one, in 

accordance with paragraph 3.B., Part B, of 

Bombardier Service Bulletin 84–27–52, dated 

May 25, 2010. 

FAA AD Differences 

Note 1: 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, New York ACO, 

ANE–170, 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: Program Manager, 

Continuing Operational Safety, FAA, New 

York ACO, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone 516– 

228–7300; fax 516–794–5531. 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 Canadian Airworthiness 

Directive CF–2010–28, dated August 20, 

2010; and Bombardier Service Bulletin 84– 

27–52, dated May 25, 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. 2011–7289 Filed 3–28–11; 8:45 am] 

BILLING CODE 4910–13–P 

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; DassaultAviation 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 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 radioaltimeter 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. 

* * * * * 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Proposed Rules 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 radioaltimeter 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°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°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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
17366 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Proposed Rules 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 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 radioaltimeter 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 radioaltimeter 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 radioaltimeter output, in accordance with the 

instructions of Falcon 7X AFM procedure 

3–140–65B and 3–140–70A. 

Dispatch of the airplane with any radioaltimeter 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 

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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1