AD 2011-12-51

[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37251-37253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-15989]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0477; Directorate Identifier 2011-NM-108-AD; 
Amendment 39-16735; AD 2011-12-51]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Model FALCON 7X 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This emergency AD was sent previously to all 
known U.S. owners and operators of these airplanes. This AD requires 
that, as of the effective date of the AD, operation of Model FALCON 7X 
airplanes is prohibited. This AD was prompted by a report of an 
uncontrolled pitch trim runaway during descent. We are issuing this AD 
to prevent loss of control of the airplane.

DATES: This AD is effective July 12, 2011 to all persons except those 
persons to whom it was made immediately effective by Emergency AD 2011-
12-51, issued on May 27, 2011, which contained the requirements of this 
amendment.
    We must receive comments on this AD by August 11, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.

[[Page 37252]]

    <bullet> Hand Delivery: Deliver to Mail address above 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 (phone: 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 May 27, 2011, we issued Emergency AD 2011-12-51, which requires 
that, as of receipt of the AD, operation of Model FALCON 7X airplanes 
is prohibited.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Emergency Airworthiness Directive 2011-0102-E, dated May 26, 2011 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products.
    EASA has advised that a Model FALCON 7X airplane experienced an 
uncontrolled pitch trim runaway during descent. The crew succeeded in 
recovering a stable situation and performed an uneventful landing. 
Analysis of the Digital Flight Data Recorder (DFDR) and Fault History 
Database (FHDB) confirmed the event, but did not identify the cause of 
the pitch trim runaway. This condition, if not corrected, could result 
in loss of control of the airplane.
    To address this unsafe condition, the EASA AD prohibits, from the 
effective date of the EASA AD, any flight operations of FALCON 7X 
airplanes.

FAA's Determination

    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 referenced 
above. We are issuing this AD because we evaluated all pertinent 
information and determined the unsafe condition exists and is likely to 
exist or develop on other products of the same type design.

AD Requirements

    This AD requires that, as of effective date of the AD, operation of 
Model FALCON 7X airplanes is prohibited.

Interim Action

    We consider this AD interim action pending the outcome of the 
investigation currently being carried out by the manufacturer. We may 
consider further rulemaking when additional information is available.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because an 
uncontrolled pitch trim runaway during descent could result in loss of 
control of the airplane. Therefore, we find that notice and opportunity 
for prior public comment are impracticable and that good cause exists 
for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2011-0477 and 
Directorate Identifier 2011-NM-108-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 26 airplanes of U.S. registry. 
There are no costs associated with complying with this AD.

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

    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 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.

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

0
1. The authority citation for part 39 continues to read as follows:

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

[[Page 37253]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2011-12-51 Dassault Aviation: Amendment 39-16735; Docket No. FAA-
2011-0477; Directorate Identifier 2011-NM-108-AD.

Effective Date

    (a) This AD is effective July 12, 2011 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD 2011-12-51, issued on May 27, 2011, which contained the 
requirements of this amendment.

Affected ADs

    (b) None.

Applicability

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

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 27: Flight controls.

Unsafe Condition

    (e) This AD was prompted by a report of an uncontrolled pitch 
trim runaway during descent. We are issuing this AD to prevent loss 
of control of the airplane.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

Flight Prohibited

    (g) As of the effective date of this AD, operation of the 
airplane is prohibited.

Special Flight Permit

    (h) Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, 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 manager of the International Branch, 
send it to the attention of the person identified in the Related 
Information section of this AD. Information may be e-mailed to: <a href="/cdn-cgi/l/email-protection#e9d0c4a8a7a4c4d8d8dfc4a8a4a6aac4bbacb8bcacbabdbaa98f8888c78e869f"><span class="__cf_email__" data-cfemail="251c08646b68081414130864686a66087760747060767176654344440b424a53">[email&#160;protected]</span></a>.
    (2) 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.

Related Information

    (j)(1) For further information about this AD, 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.
    (2) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency Airworthiness Directive 2011-0102-E, dated May 26, 2011, 
for related information.

Material Incorporated by Reference

    (k) None.

    Issued in Renton, Washington, on June 16, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-15989 Filed 6-24-11; 8:45 am]
BILLING CODE 4910-13-P