DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
14 CFR Part 39
[Docket No. FAA-2010-0760; Directorate Identifier 2010-NM-086-AD]
RIN 2120-AA64
AIRWORTHINESS DIRECTIVES; Dassault-Aviation Model FALCON 7X
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. 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:
A design review has shown that the Lightning Sensor System (LSS) antenna
which is optionally installed on certain Falcon 7X aeroplanes might, in
the event of belly or gear-up landing, puncture the rear fuel tank, which
could result in fuel leakage and post- landing fire.
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 September 20, 2010.
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 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-2010-0760; Directorate
Identifier 2010-NM-086-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 have lengthened the 30-day comment period for proposed ADs that address
MCAI originated by aviation authorities of other countries to provide
adequate time for interested parties to submit comments. The comment
period for these proposed ADs is now typically 45 days, which is
consistent with the comment period for domestic transport ADs.
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
The European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0032, dated March 3, 2010 (referred to after
this as "the MCAI"), to correct an unsafe condition for the specified
products. The MCAI states:
A design review has shown that the Lightning Sensor System (LSS) antenna
which is optionally installed on certain Falcon 7X aeroplanes might, in
the event of belly or gear-up landing, puncture the rear fuel tank, which
could result in fuel leakage and post- landing fire.
This AD requires the reinforcement of the rear fuel tank by bonding a
titanium shield plate on the tank structure above the LSS antenna
connector.
You may obtain further information by examining the MCAI in the AD docket.
RELEVANT SERVICE INFORMATION
Dassault has issued Mandatory Service Bulletin 7X-104, dated October 30,
2009. 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.
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 5 products of U.S. registry. We also estimate that it would
take about 10 work-hours per product to comply with the basic requirements
of this proposed AD. The average labor rate is $85 per work-hour. Required
parts would cost about $384 per product. Where the service information
lists required parts costs that are covered under warranty, we have
assumed that there will be no charge for these costs. As we do not control
warranty coverage for affected parties, some parties may incur costs
higher than estimated here. Based on these figures, we estimate the cost
of the proposed AD on U.S. operators to be $6,170, or $1,234 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 adding the following new AD: