[Federal Register: August 16, 2007 (Volume 72, Number 158)]
[Proposed Rules]
[Page 45958-45961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au07-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28941; Directorate Identifier 2006-NM-276-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Falcon 2000, Falcon
2000EX, Mystere-Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-
Falcon 50, Mystere-Falcon 20, Mystere-Falcon 200, and Falcon 10
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all Dassault Model Falcon 2000, Mystere-
Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-
Falcon 20, Mystere-Falcon 200, and Falcon 10 series airplanes. The
existing AD currently requires repetitive tests and inspections to
detect discrepancies of the overwing emergency exit, and corrective
action if necessary. This proposed AD would expand the applicability of
the existing AD and extend the repetitive test and inspection interval
for all airplanes. This proposed AD results from reports of incorrect
operation of the overwing emergency exit due to interference between
the emergency exit and the interior accommodation. We are proposing
this AD to prevent failure of the overwing emergency exits to open, and
consequent injury to passengers or crew members during an emergency
evacuation.
DATES: We must receive comments on this proposed AD by September 17,
2007.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
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.
Fax: (202) 493-2251.
[[Page 45959]]
Hand Delivery: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New
Jersey 07606, for service information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``Docket No.
FAA-2007-28941; Directorate Identifier 2006-NM-276-AD'' at the
beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of the
proposed AD. We will consider all comments received by the closing date
and may amend the proposed AD in light of those comments.
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 proposed 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 Operations office between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
Docket Operations office (telephone (800) 647-5527) is located on the
ground level of the West 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.
Discussion
On June 9, 2000, we issued AD 2000-12-15, amendment 39-11793 (65 FR
37480, June 15, 2000), for all Dassault Model Falcon 2000, Mystere-
Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-
Falcon 20, Mystere-Falcon 200, and Falcon 10 series airplanes. That AD
requires repetitive tests and inspections to detect discrepancies of
the overwing emergency exit, and corrective action if necessary. That
AD resulted from issuance of mandatory continuing airworthiness
information by a foreign civil airworthiness authority. We issued that
AD to prevent failure of the overwing emergency exits to open, and
consequent injury to passengers or crew members during an emergency
evacuation.
Actions Since Existing AD Was Issued
Since we issued AD 2000-12-15, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, has issued the following EASA airworthiness
directives, all dated June 7, 2006:
2006-0147 (for Model Falcon 10 airplanes);
2006-0148 (for Model Falcon 2000 and Falcon 2000EX
airplanes);
2006-0149 (for Model Mystere-Falcon 50, Mystere-Falcon
900, and Falcon 900EX airplanes); and
2006-0156 (for Model Fan Jet Falcon, Mystere-Falcon 20,
and Mystere-Falcon 200 airplanes).
The EASA airworthiness directives supersede the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) airworthiness
directives referenced in the existing AD for accomplishing the required
actions. The DGAC airworthiness directives require repeating the
operational test and inspection at intervals not to exceed 13 months;
the EASA airworthiness directives extend that interval to 24 months,
and EASA airworthiness directive 2006-0148 adds Model Falcon 2000EX to
the applicability specified in the existing AD.
FAA's Determination and Requirements of the Proposed AD
These airplanes are manufactured in France and are 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 EASA has kept the FAA informed
of the situation described above. We have examined the EASA's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
This proposed AD would supersede AD 2000-12-15 and would retain the
requirements of the existing AD. This proposed AD would expand the
applicability of the existing AD and extend the repetitive test and
inspection interval for all airplanes.
Explanation of Changes Made to Existing AD
This proposed AD would retain all requirements of AD 2000-12-15.
Since that AD was issued, the AD format has been revised, and certain
paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:
Revised Paragraph Identifiers
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Corresponding requirement
Requirement in AD 2000-12-15 in this proposed AD
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Paragraph (a)............................. Paragraph (f).
Paragraph (b)............................. Paragraph (h).
Paragraph (c)............................. Paragraph (i).
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On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. However, for clarity and consistency in this proposed AD,
we have retained the language of the existing AD regarding that
material.
We have clarified the inspection requirement contained in the
proposed AD. Whereas the existing AD specifies a detailed visual
inspection, we have revised this proposed AD to clarify that our intent
is to require a detailed inspection. Additionally, a note has been
added to the proposed AD to define that inspection.
We have revised the existing AD to clarify the appropriate
procedure for notifying the principal inspector before using any
approved alternative method of compliance (AMOC) on any airplane to
which the AMOC applies.
We have revised the applicability of the existing AD to identify
model designations as published in the most recent type certificate
data sheet for the affected models.
After the existing AD was issued, we reviewed the figures we have
used over the past several years to calculate AD costs to operators. To
account for various inflationary costs in the airline
[[Page 45960]]
industry, we find it necessary to increase the labor rate used in these
calculations from $60 per work hour to $80 per work hour. The cost
impact information, below, reflects this increase in the specified
hourly labor rate.
Costs of Compliance
This proposed AD would affect about 870 airplanes of U.S. registry.
The actions that are required by AD 2000-12-15 and retained in this
proposed AD take about 1 work hour per airplane, at an average labor
rate of $80 per work hour. Based on these figures, the estimated cost
of the currently required actions is $80 per airplane, per test and
inspection cycle.
The new proposed actions would take about 1 work hour per airplane,
at an average labor rate of $80 per work hour. Based on these figures,
the estimated cost of the new actions specified in this proposed AD for
U.S. operators is $69,600, or $80 per airplane, per test and inspection
cycle.
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 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 that the 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. 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, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-11793 (65 FR 37480, June 15, 2000) and adding the
following new airworthiness directive (AD):
Dassault Aviation (Formerly Avions Marcel Dassault-Breguet Aviation
(AMD/BA)): Docket No. FAA-2007-28941; Directorate Identifier 2006-
NM-276-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by September
17, 2007.
Affected ADs
(b) This AD supersedes AD 2000-12-15.
Applicability
(c) This AD applies to all Dassault Model Falcon 2000, Falcon
2000EX, Mystere-Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-
Falcon 50, Mystere-Falcon 20, Mystere-Falcon 200, and Falcon 10
airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from a report of incorrect operation of the
overwing emergency exit. We are issuing this AD to prevent failure
of the overwing emergency exits to open, and consequent injury to
passengers or crew members during an emergency evacuation.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2000-12-15 With Revised Repetitive
Interval
Operational Test and Inspection
(f) For Dassault Model Falcon 2000, Mystere-Falcon 900, Falcon
900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-Falcon 20,
Mystere-Falcon 200, and Falcon 10 airplanes: Within 30 days after
July 20, 2000 (the effective date of AD 2000-12-15), perform an
operational test and detailed inspection of the overwing emergency
exit from inside the cabin to detect discrepancies (including
separation, tearing, wearing, arcing, cracking) in the areas and
components listed in Chapter 5 (ATA Code 52) of the applicable
airplane maintenance manual (AMM). Accomplish the actions in
accordance with the applicable AMM. If any discrepancy is detected
during any test or inspection required by this paragraph, prior to
further flight, repair in accordance with Chapter 5 (ATA Code 52) of
the applicable AMM. Repeat the operational test and inspection
thereafter at intervals not to exceed 24 months.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive visual examination of a specific structural area,
system, installation, or assembly to detect damage, failure, or
irregularity. Available lighting is normally supplemented with a
direct source of good lighting at intensity deemed appropriate by
the inspector. Inspection aids such as mirror, magnifying lenses,
etc., may be used. Surface cleaning and elaborate access procedures
may be required.''
New Requirements of This AD
Operational Test and Inspection
(g) For Dassault Model Falcon 2000EX airplanes: Within 30 days
after the effective date of this AD, perform the operational test
and detailed inspection of the overwing emergency exit required by
paragraph (f) of this AD. If any discrepancy is detected during any
test or inspection required by this paragraph, prior to further
flight, repair as required by paragraph (f). Repeat the operational
test and inspection at intervals not to exceed 24 months.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, Transport Airplane
Directorate, FAA, has the authority to approve AMOCs for this AD, if
requested in accordance with the procedures found in 14 CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Special Flight Permits
(i) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to
[[Page 45961]]
a location where the requirements of this AD can be accomplished.
Related Information
(j) European Aviation Safety Agency airworthiness directives
2006-0147, 2006-0148, 2006-0149, and 2006-0156, all dated June 7,
2006, also address the subject of this AD.
Issued in Renton, Washington, on July 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-16124 Filed 8-15-07; 8:45 am]
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