Airworthiness Directives; DASSAULT AVIATION Model MYSTERE-FALCON 50 Airplanes, 8919-8921 [2011-3532]
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erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules
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,
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15:27 Feb 15, 2011
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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
SUMMARY:
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8919
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 Mystere-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
https://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
https://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 https://
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:
erowe on DSK5CLS3C1PROD with PROPOSALS-1
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 https://
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
VerDate Mar<15>2010
15:27 Feb 15, 2011
Jkt 223001
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
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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
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 Mystere-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
erowe on DSK5CLS3C1PROD with PROPOSALS-1
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.
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.
(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]
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.’’
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15:27 Feb 15, 2011
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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
Other FAA AD Provisions
BILLING CODE 4910–13–P
8921
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
https://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:
SUMMARY:
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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Agencies
[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Proposed Rules]
[Pages 8919-8921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3532]
-----------------------------------------------------------------------
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 Myst[egrave]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 https://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 https://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 https://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
[[Page 8920]]
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 https://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 MYSTERE-FALCON 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 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.
[[Page 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 Myst[egrave]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