This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

47423 

Vol. 76, No. 151 

Friday, August 5, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 33 

[ANE–2010–33.7–5A] 

Aviation Fuel and Oil Operating 

Limitations; Policy Memorandum 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Issuance of policy 

memorandum. 

SUMMARY: This document announces the 

issuance of policy memorandum for 

Aviation Fuel and Oil Operating 

Limitations. This policy memorandum 

provides guidance for Aircraft 

Certification Offices (ACOs) and the 

Engine Certification Office (ECO) when 

evaluating compliance with the 

standards for aviation fuel and oil 

operating limitations. This policy does 

not create any new requirements, and is 

not specifically limited to new model 

type certification. 

DATES: The Engine and Propeller 

Directorate issued Policy Memorandum 

ANE–2010–33.7–5A on July 26, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Mark Rumizen, FAA, Engine and 

Propeller Standards Staff, ANE–111, 12 

New England Executive Park, 

Burlington, MA 01803; e-mail: 

mark.rumizen@faa.gov; telephone: (781) 

238–7113; fax: (781) 238–7199. The 

policy statement is available on the 

Internet at the following address: 

http://www.airweb.faa.gov/rgl. If you do 

not have access to the Internet, you may 

request a copy of the policy by 

contacting the individual listed in this 

section. 

SUPPLEMENTARY INFORMATION: The 

Engine and Propeller Directorate (EPD) 

of the Aircraft Certification Service has 

engaged in discussions with the public 

regarding compliance with § 33.7 for 

new fuel and oil certification projects. 

As a result of those discussions the EPD 

made a draft policy memorandum 

available to the public for comment. The 

draft policy memorandum proposed 

guidance for Aircraft Certification 

Offices (ACOs) and the Engine 

Certification Office (ECO) when 

evaluating compliance with the 

standards for aviation fuel and oil 

operating limitations of Part 33 of Title 

14 of the Code of Federal Regulations 

(14 CFR part 33). The draft policy 

specifically addressed compliance with 

paragraphs (b)(2), (b)(3), (c)(2), and (c)(3) 

of § 33.7 for engine type certification, 

major design change, and supplemental 

type certification projects. 

The draft was made available on 

March 8, 2010, and after evaluating the 

comments received, the EPD posted a 

final policy memorandum to FAA’s 

Regulatory and Guidance Library (RGL) 

on July 7, 2011. The final policy 

memorandum differed from the draft 

policy in three respects. First, the final 

policy contained some non-material 

additions, edits, and formatting changes 

principally to recognize the role that 

military standards play in evaluating 

compliance with § 33.7, and added an 

additional ATSM International (ASTM) 

standard to the list of recognized 

standards. Second, the format of 

paragraph 4.c. of the final memorandum 

was changed so as to clarify that the 

new policy memorandum does not 

materially alter the current position of 

the EPD to (1) accept as an adequate 

demonstration of compliance to § 33.7 

an ASTM or Society of Automotive 

Engineers (SAE) standard, and (2) more 

precisely define the standard 

specifications considered equivalent to 

an ASTM or SAE standard specification. 

And, third, to add a new paragraph 4.d., 

which replaced the proposed paragraph 

4.d., that more accurately described the 

EPD’s oversight role in such projects by 

clarifying that all projects to add fuels 

or lubricants as operating limitations are 

significant, rather than just those that 

propose the use of equivalent 

specifications. That policy 

memorandum was posted to RGL as 

policy ANE–2010–33.7–5, dated July 7, 

2011. 

After the final policy posted to RGL, 

the FAA received a number of questions 

from the public concerning the revision 

to draft paragraph 4.d., which had 

contained a statement that certification 

projects that do not propose to use an 

ATSM or SAE standard would be 

evaluated by the EPD to determine 

equivalency to the historically used 

standards. The final policy 

memorandum relied on a sentence in 

paragraph 5 to cover that statement in 

draft paragraph 4.d. As stated above, 

this change more accurately described 

the EPD’s role in the oversight of 

projects to add fuels or lubricants as 

operating limitations. The EPD intended 

that the specific guidance for proposals 

not based on industry consensus 

standards was accommodated by the 

existing language in paragraph 5 of the 

memo, and, therefore, it was 

unnecessary to duplicate that specific 

guidance in paragraph 4.d. The 

elimination of the specific guidance 

regarding proposals not based on 

industry consensus standards was not 

intended to imply that the FAA would 

summarily reject those so-called nonstandard proposals. As significant 

projects, the EPD would continue to 

address all projects to add fuels or 

lubricants as operating limitations on a 

case by case basis in order to rationally 

evaluate their demonstration of 

compliance with § 33.7, which is 

consistent with the current practice. 

With the above changes, the published 

version of the memo neither explicitly 

accepted nor rejected those projects 

outside the scope of the specific policy, 

such as the non-standard proposals. 

However, Paragraph 5 of the memo 

maintained the accommodation of those 

projects by specifying they be 

coordinated with the EPD, which was 

consistent with the intent of the original 

version of the policy memo. 

Even though the EPD did not intend 

any material change in the policy from 

the revised wording of proposed 

paragraph 4.d., the EPD has elected to 

withdraw the final policy memorandum 

ANE–2010–33.7–5, dated July 7, 2011, 

and to re-post to the RGL an amended 

final policy that returns paragraphs 4.c. 

and 4.d. to the form that appeared in the 

draft policy and eliminates the new 

paragraph 4.d. This amended final 

policy memorandum was posted to the 

RGL on July 26, 2011, as policy ANE– 

2010–33.7–5A. 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44704. 


erowe on DSKG8SOYB1PROD with RULES
47424 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Rules and Regulations 

Issued in Burlington, Massachusetts on 

July 29, 2011. 

Colleen M. D’Alessandro, 

Acting Assistant Manager, Engine and 

Propeller Directorate Aircraft Certification 

Service. 

[FR Doc. 2011–19913 Filed 8–4–11; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0631; Directorate 

Identifier 2011–NM–134–AD; Amendment 

39–16759; AD 2011–16–01] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Model FALCON 7X 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 the 

products listed above that would 

supersede an existing AD. 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: 

Recently, a Dassault Aviation Falcon 7X 

aeroplane experienced an uncontrolled pitch 

trim runaway during descent. The crew 

succeeded in recovering a stable situation 

and performed an uneventful landing. 

This condition, if occurring again, could 

lead to a loss of control of the aeroplane. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

August 22, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in the AD as 

of August 22, 2011. 

We must receive comments on this 

AD by September 19, 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 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; phone: 425– 

227–1137; fax: 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On June 16, 2011, we issued AD 

2011–12–51, Amendment 39–16735 (76 

FR 37251, June 27, 2011). To address an 

unsafe condition, that AD prohibited 

operation of the affected airplanes. That 

AD corresponds to Emergency 

Airworthiness Directive 2011–0102–E, 

dated May 26, 2011, issued by the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, to correct an unsafe 

condition for the specified products. 

Since we issued AD 2011–12–51, we 

have been advised of the development 

of new modifications that will address 

the unsafe condition. We have 

determined that these modifications are 

necessary to allow these airplanes to 

resume operation. The EASA issued 

Emergency AD 2011–0114–E, dated 

June 16, 2011, to supersede AD 2011– 

0102–E. The EASA subsequently 

revised that AD with EASA AD 2011– 

0114R1, dated June 23, 2011. The EASA 

subsequently revised that AD with 

EASA AD 2011–0114R2, dated July 7, 

2011 (referred to after this as ‘‘the 

MCAI’’), which states: 

Recently, a Dassault Aviation Falcon 7X 

aeroplane experienced an uncontrolled pitch 

trim runaway during descent. The crew 

succeeded in recovering a stable situation 

and performed an uneventful landing. 

This condition, if occurring again, could 

lead to a loss of control of the aeroplane. 

To address this potential unsafe condition, 

pending investigations by the manufacturer, 

EASA issued emergency AD 2011–0102–E 

(which corresponds to FAA AD 2011–12–51) 

which prohibited further flights from its 

effective date. 

The initial results of the investigations 

show that there was a production defect in 

the Horizontal Stabilizer Electronic Control 

Unit (HSECU) which could have contributed 

to the cause of the event. There are two 

different HSECU part numbers (P/N) in use: 

P/N 051244–02 is not affected by this 

production defect and P/N 051244–04 is 

potentially affected by this production defect. 

The aeroplane that experienced the 

uncontrolled pitch trim runaway event was 

equipped with a HSECU P/N 051244–04. 

Investigations are continuing to confirm this 

cause. 

In the meantime, to allow re-starting flight 

operations and providing protection against 

further pitch trim runaway events, Dassault 

Aviation have developed two modifications 

(M1235 and M1236) which are implemented 

through accomplishment of Dassault 

Aviation Service Bulletin (SB) F7X–211. 

Furthermore, the flight envelope must be 

restricted, compared to the original certified 

flight envelope. Dassault Aviation have 

developed the corresponding Aircraft Flight 

Manual (AFM) limitations and a placard, to 

be installed in the cockpit (part of the 

instructions of SB F7X–211) to remind the 

flight crew of the limitations. In addition, 

modified operational procedures have been 

developed for in-flight activation of the new 

protection. 

A Certification Maintenance Requirement 

(CMR), to repetitively test the new Horizontal 

Stabilizer Trim Actuator (HSTA) electric 

motors reversion relays (installed with 

M1235 and M1236), has been developed and 

must be introduced into chapter 5.40 of the 

Aircraft Maintenance Manual (AMM). 

Additionally, the Master Minimum 

Equipment List (MMEL) is temporarily 

modified by this AD to prohibit dispatch of 

the aeroplane with some specific identified 

failures. 

To correct this unsafe condition and allow 

resumption of flights for aeroplanes equipped 

with HSECU P/N 051244–02, EASA issued 

AD 2011–0114–E, which superseded EASA 

AD 2011–0102–E, to require: 

1. Accomplishing two Dassault Aviation 

modifications, 

2. Amending the AFM and installing a 

placard in the cockpit, 

3. Amending the Minimum Equipment List 

(MEL), and 

4. Implementing an operational test of the 

HSTA electric motors reversion relays. 

For aeroplanes equipped with HSECU P/N 

051244–04, the prohibition of flights was 

maintained. 

Since EASA AD 2011–0114–E was issued, 

Dassault Aviation have issued SB F7X–212 

which gives instructions, for aeroplanes 

equipped with HSECU P/N 051244–04, to 

remove the HSECU for verification by 

Rockwell Collins and replace it with an 

HSECU that has passed the verification, 

having a name plate with a stamped V. After 


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