AGENCY: Federal Aviation Administration
(FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new airworthiness directive (AD) for
certain
Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a
report of a crew alerting system message caused by an inversion of the
wiring in the slats control manifold (SCM). This AD requires an
operational test of the SCM, and replacing the affected SCM with a
serviceable SCM if necessary. We are issuing this AD to detect and
correct inversion of the wiring in the SCM, which could lead to a
commanded retraction of the median and outboard slats in flight, and
result in reduced controllability of the airplane.
DATES: This AD becomes effective September 2, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 2,
2014.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0177;
or in person
at the Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC.
For service information identified in this 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
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.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Dassault Aviation
Model FALCON 7X airplanes. The NPRM published in the Federal Register
on April 4, 2014 (79 FR 18846).
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0195, dated August 27, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model FALCON 7X airplanes. The MCAI states:
During a ferry flight, the crew of a Falcon 7X aeroplane
reported a Crew Alerting System Message ``FCS--SLATS INB EXTEND
FAIL'' with associated fault code and root cause: ``FCS SEC FCS
fault/SFCI3 fault''. The crew applied the applicable Aircraft Flight
Manual procedure and the aeroplane landed uneventfully.
The results of the manufacturer technical investigations
concluded that the cause of this event was an inversion of the
wiring in the slats control manifold (SCM).
This condition, if not detected and corrected, could lead to un-
commanded retraction of the median and outboard slats in flight,
resulting in reduced control of the aeroplane.
To address this potential unsafe condition, Dassault Aviation
issued Service Bulletin (SB) F7X-244, with instructions for an
operational test of the SCM.
For the reasons described above, this [EASA] AD requires an
operational test of the SCM and, depending on findings,
accomplishment of the applicable corrective actions [replacing the
affected SCM with a serviceable SCM if necessary].
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0177-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 18846, April 4,
2014) or on the determination of the cost to the public.
"Contacting the Manufacturer" Paragraph in This AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
We have become aware that some operators have misunderstood or
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of
deviations during the accomplishment of an AD-mandated action. The
Airworthy Product paragraph does not approve messages or other
information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the action must be accomplished using a method approved
by the FAA, the European Aviation Safety Agency (EASA), or Dassault
Aviation's EASA DOA.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH throughout this AD.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 18846, April 4, 2014) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 18846, April 4, 2014).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 42 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
Action |
Labor cost |
Parts cost |
Cost per product |
Cost on U.S.
operators |
Operational test of the slats
control manifold. |
1 work-hour x $85 per hour =
$85. |
$0 |
$85 |
$3,570 |
We estimate the following costs to
do any necessary replacement
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need this
replacement:
On-Condition Costs
Action |
Labor cost |
Parts cost |
Cost per
product |
Replacement |
13 work-hours x $85 per hour
= $1,105. |
$0 |
$1,105 |
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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 that this AD:
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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0177;
or in person
at the Docket Management Facility 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 airworthiness
directive (AD):
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