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[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Proposed Rules]
[Pages 78292-78294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30853]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1032; Directorate Identifier 2012-NM-121-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2011-13-
07 that applies to all Dassault Aviation Model FALCON 7X airplanes. AD 
2011-13-07 requires revising the airplane flight manual (AFM) to 
include a procedure to power off a radio-altimeter or revert to the 
correct radio-altimeter output. Since we issued AD 2011-13-07, an 
analysis showed that AFM procedures could be simplified. This proposed 
AD would require revising the AFM to include a simpler procedure to 
revert to the correct radio-altimeter output. We are proposing this AD 
to ensure that the flightcrew has procedures in the event of a radio-
altimeter lock-up, which inhibits the display of warnings along with 
certain abnormal conditions, during the switch into landing mode during 
altitude cruise. If not corrected, this could result in the flightcrew 
being unaware of possible system failures that require immediate action 
by the flightcrew, leading to possible loss of control of the airplane.

DATES: We must receive comments on this proposed AD by February 10, 
2014.

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.
    For service information identified in this proposed AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; 
telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may 
view this 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.

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 MCAI, 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: 

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-2013-1032; 
Directorate Identifier 2012-NM-121-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 June 14, 2011, we issued AD 2011-13-07, Amendment 39-16730 (76 
FR 36283, June 22, 2011). AD 2011-13-07 requires actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2011-13-07, Amendment 39-16730 (76 FR 36283, 
June 22, 2011), the European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Community, 
has issued EASA Airworthiness Directive 2009-0208R2, dated May 22, 2012 
(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:

    Several occurrences of untimely radio-altimeter lock-up have 
been reported, where the failed radio-altimeter (RA) indicated a 
negative distance to the ground despite the aircraft was flying at 
medium or high altitude.
    A locked RA 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.
    This condition, if not corrected, may cause the flight crew to 
be unaware of possible system failures that could require immediate 
actions, which could ultimately lead to loss of control of the 
aeroplane.
    To address this unsafe condition, Dassault Aviation developed an 
Airplane Flight Manual (AFM) operational procedure that, in case of 
RA 1 lock-up, allows the crew to restore the system warning 
performance by depowering the RA 1. EASA issued AD 2009-
0208 [http://ad.easa.europa.eu/ad/2009-0208R3] to require 
application of that new abnormal procedure when RA 1 lock-
up occurs. That EASA AD also prohibited dispatch of the aeroplane 
with any radio-altimeter inoperative.
    Since issuance of EASA AD 2009-0208, Dassault Aviation developed 
Easy avionics load 10 which is embodied through Dassault Aviation 
production modification M0566 or in-service through Service Bulletin 
(SB) Falcon 7X n[deg]100. This modification provides new features to 
display a ``RA miscompare'' flag on both Primary Display Units (PDU) 
and allows a commanded system reversion to the correct RA output.
    Prompted by this modification, EASA issued AD 2009-0208R1 [ 
http://ad.easa.europa.eu/ad/2009-0208R3], to allow not deactivating 
RA 1 in case lock-up conditions occurred in flight, for 
aeroplanes on which M0566 or SB Falcon 7X n[deg]100 was embodied.

[[Page 78293]]

    Since issuance of EASA AD 2009-0208R1, further analysis shows 
that, for aeroplanes with M0566 applied in production, or SB Falcon 
7X N[deg]100 applied in service, the RA2 lock-up occurrence 
should be addressed through a commanded system reversion, now only 
contained in a simplified Falcon 7X AFM procedure 3-140-70A.
    For the reasons described above, this [EASA] AD revises EASA AD 
2009-0208R1 to reduce the requirement to amend the AFM by deleting 
the reference to procedure 3-140-65B. In addition, Dassault Aviation 
have confirmed that all Falcon 7X have been or are being modified 
with Mod M0566 applied in production, or SB Falcon 7X n[deg]100 
applied in service. For this reason, paragraph (1) of this [EASA] AD 
has been deleted. Finally, many editorial changes have been made to 
align the writing of the AD with the current writing standards.

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

Relevant Service Information

    Dassault has issued Falcon 7X Airplane Flight Manual, DGT 105608, 
Revision 15, dated January 30, 2012. 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 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.

Costs of Compliance

    We estimate that this proposed AD affects 35 products of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision [retained actions      1 work-hour x $85 per  None.................             $85          $2,975
 from AD 2011-13-07, Amendment 39-   hour = $85.
 16730 (76 FR 36283, June 22,
 2011)].
New AFM revision [new proposed      1 work-hour x $85 per  None.................              85           2,975
 action].                            hour = $85.
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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 proposed 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);
    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

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 removing airworthiness directive (AD) 
2011-13-07, Amendment 39-16730 (76 FR 36283, June 22, 2011), and adding 
the following new AD:

Dassault Aviation: Docket No. FAA-2013-1032; Directorate Identifier 
2012-NM-121-AD.

(a) Comments Due Date

    We must receive comments by February 10, 2014.

(b) Affected ADs

    This AD supersedes AD 2011-13-07, Amendment 39-16730 (76 FR 
36283, June 22, 2011).

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports of untimely radio-altimeter 
lock-ups, where the failed radio-altimeter indicated a negative 
distance to the ground when the airplane was flying at medium or 
high altitude. We are issuing this AD to ensure that the flightcrew 
has procedures in the event of a radio-altimeter lock-up, which 
inhibits the display of warnings along with certain abnormal 
conditions, during the switch into landing mode during altitude 
cruise. If not corrected, this could result in the flightcrew being 
unaware of possible system failures that require immediate action by 
the flightcrew, leading to possible loss of control of the airplane.

[[Page 78294]]

(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) Retained Airplane Flight Manual (AFM) Revision

    This paragraph restates the requirements of paragraph (h) of AD 
2011-13-07, Amendment 39-16730 (76 FR 36283, June 22, 2011), with 
editorial changes. For airplanes on which M0566 or Dassault Service 
Bulletin Falcon 7X-100 has been accomplished: Within 14 days after 
July 27, 2011 (the effective date of AD 2011-13-07), revise the 
Limitations Section of the Dassault Falcon 7X AFM to include the 
statement in figure 1 to paragraph (g) of this AD. This may be done 
by inserting a copy of this AD in the AFM. When a statement 
identical to that in figure 1 to 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. Accomplishing the revision required by paragraph (h) 
of this AD terminates the requirements of this paragraph, and after 
the revision required by paragraph (h) of this AD has been done, 
before further flight, remove the revision required by this 
paragraph.

                  Figure 1 to Paragraph (g) of This AD
------------------------------------------------------------------------
 
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If radio-altimeter 1 lock-up conditions occur in flight, revert
 to the correct radio-altimeter output, in accordance with the
 instructions of Falcon 7X AFM procedure 3-140-65B and 3-140-70A.
Dispatch of the airplane with any radio-altimeter inoperative is
 prohibited.
------------------------------------------------------------------------

(h) New Requirement of This AD: Revision of Airplane Flight Manual

    For airplanes on which M0566 or Dassault Service Bulletin Falcon 
7X-100 has been accomplished: Within 30 days after the effective 
date of this AD, do the action specified in paragraphs (h)(1) and 
(h)(2) of this AD.
    (1) Revise the Limitations Section of the Dassault Falcon 7X AFM 
to include the statement in figure 2 to paragraph (h) of this AD. 
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 and the revision required by paragraph (g) of this AD must be 
removed. When a statement identical to that in figure 2 to 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.

                  Figure 2 to Paragraph (h) of This AD
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
If radio-altimeter miscompare indication occurs in flight, revert to the
 correct radio-altimeter output, in accordance with the instructions of
 Falcon 7X AFM procedure 3-140-70A.
Dispatch of the airplane with any radio-altimeter inoperative is
 prohibited.
------------------------------------------------------------------------

    (2) Revise the Abnormal Procedures section to include procedure 
3-140-70A of the Dassault Falcon 7X Airplane Flight Manual, 
DGT105608, Revision 15, dated January 30, 2012, into the AFM.

(i) 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 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: 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. AMOCs approved previously in accordance with AD 2011-13-07, 
Amendment 39-16730 (76 FR 36283, June 22, 2011), are approved as 
alternative methods of compliance with this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or by the DAH with a State of Design Authority's 
design organization approval). For a repair method to be approved, 
the repair approval must specifically refer to this AD. You are 
required to ensure the product is airworthy before it is returned to 
service.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2009-
0208R2, dated May 22, 2012, for related information. This MCAI may 
be found in the AD docket on the Internet at http://www.regulations.gov.
    (2) For service information identified in this 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 view this referenced 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.

    Issued in Renton, Washington, on December 12, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-30853 Filed 12-24-13; 8:45 am]
BILLING CODE 4910-13-P
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