Discussion
The Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, notified us that an unsafe condition may exist on certain Dassault Model Falcon 2000EX airplanes. The DGAC advises us that an event occurred in which braking efficiency was temporarily lost during landing, but was recovered after the flightcrew fully released and then reapplied the brakes. This event has been attributed to improper communication of acceleration information between the inertial reference system (IRS) and the brake system control unit (BSCU). This condition, if not corrected, could result in a runway overrun in the event of loss of braking function, which could result in injury to passengers or flightcrew and damage to the airplane.
Relevant Service Information
Dassault has issued Temporary Change (TC) 17, dated July 26, 2005, to the Dassault Falcon 2000EX EASy Airplane Flight Manual, DGT88898. The TC describes procedures for revising the Limitations and Performance sections of the airplane flight manual (AFM) to extend runway length limits for takeoff and landing. The procedures include maximum allowable weights and field length limits for takeoff and landing.
Dassault has also issued Service Bulletin F2000EX-80, dated May 11, 2005. The service bulletin describes procedures for modifying the wiring that links the IRS to the BCSU. The modification establishes a direct wiring link between the IRS and the BSCU, which makes the braking function fully independent of the enhanced avionics system. Accomplishing the modification terminates the AFM revision.
We have determined that accomplishing the actions specified in the TC will adequately address the unsafe condition. The DGAC mandated the TC and issued French emergency airworthiness directive UF-2005-140, dated July 26, 2005, to ensure the continued airworthiness of these airplanes in France.
FAA's Determination and Requirements of ThisAD
This airplane model is manufactured in France and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. We have examined the DGAC's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States.
Therefore, we are issuing this AD to prevent a runway overrun in the event of loss of braking function, which could result in injury to passengers or flightcrew and damage to the airplane. This AD requires accomplishing the actions specified in the TC described previously, except as discussed under "Differences Among this AD, French Emergency Airworthiness Directive, and TC." This AD also provides for anoptional terminating action for the AFM revision.
Differences Among This AD, French Emergency Airworthiness Directive, and TC
Although the French emergency airworthiness directive specifies a compliance time of before the next flight after the effective date of the French emergency airworthiness directive for the AFM revision, we specify a compliance time of 10 days after the effective date of this AD. We find that this will prevent airplanes from being grounded unnecessarily without adversely affecting the safety of the airplanes.
The French emergency airworthiness directive requires accomplishing the terminating action before December 31, 2006. This AD will provide for doing the terminating action as an option, and we may consider further rulemaking to require the terminating action.
Interim Action
We consider this AD interim action. We are currently considering requiring the modification of the wiring that links the IRS to the BSCU, which would terminate theAFM revision required by this AD. However, the planned
compliance time for the installation of the modification would allow enough time to provide notice and opportunity for prior public comment on the merits of the modification.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include "Docket No. FAA-2005- 22308; Directorate Identifier 2005-NM-160-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it.
We will post all comments we receive, without change, to http://dms.dot.gov , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647- 5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them.
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 have 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 the 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 AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation.
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):