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 2013-0128, dated June 17, 2013 (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:
A Falcon 7X aeroplane recently experienced a runway excursion. The results of the subsequent technical investigations accomplished by Dassault Aviation identified a failure of the Nose Landing Gear position feed-back assembly, due to an incorrect angle signal resulting in un-commanded nose wheel deflection which could not be countered by the pilot.
This condition, if not detected and corrected, could lead to further similar events, which could result in [reduced controllability of the airplane and] damage to the aeroplane.
To address this potential unsafe condition,pending the development of an assembly with improved design, Dassault Aviation published an operational procedure, for checking the condition of the nose wheel steering position feed-back. This procedure has been incorporated into the applicable electronic checklist.
For the reasons described above, this [EASA] AD requires incorporation of the new procedure into the Airplane Flight Manual (AFM) and an update of the Electronic Check List (ECL).
This [EASA] AD is considered to be an interim action and further AD action may follow.
You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Dassault has issued (Change Proposal) CP076, approved by EASA on June 17, 2013, to the Dassault Falcon 7X Airplane Flight Manual DGT105608. 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 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 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.
Differences Between This AD and MCAI
This action will not require the update of the electronic checklist (ECL), as required by the MCAI. The ECL is not part of the approved type design of the airplane and all pertinent requirements are mandated through the AFM change.
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 ofthis rule because an incorrect angle signal causing an un-commanded nose wheel deflection could result in reduced controllability of the airplane. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable
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and that good cause exists for making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0669; Directorate Identifier 2013-NM-117-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 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 AD.
Costs of Compliance
We estimate that this AD affects 39 airplanes of U.S. registry. We estimate the following costs to comply with this AD:
Estimated Costs ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Revise the AFM........................ 1 work-hour x $85 per $0 $85 $3,315
hour = $85. ----------------------------------------------------------------------------------------------------------------
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.
We prepared a regulatory evaluation of the estimated costs to comply with this 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.