FR Doc E7-23638

[Federal Register: December 10, 2007 (Volume 72, Number 236)]
[Rules and Regulations]
[Page 69608-69610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de07-18]

[[Page 69608]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29175; Directorate Identifier 2007-NM-134-AD;
Amendment 39-15292; AD 2007-25-10]
RIN 2120-AA64

Airworthiness Directives; Dassault Model Mystere-Falcon 50,
Mystere-Falcon 900, Falcon 900EX, Falcon 2000, and Falcon 2000EX
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

A rotating rod in the trailing edge flap control linkage broke
in flight. Investigations revealed that the rotating rod had been
installed in the wrong side during a maintenance operation. This
incorrect installation caused a contact between the rotating rod and
its retaining bracket leading, after some time in operation, to the
rod breakage and flap asymmetry situation.
The consequence on the airplane of the flap asymmetry combined
with a latent failure of the asymmetry detection system is
classified as a catastrophic failure condition.

DATES: This AD becomes effective January 14, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 14,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
or in person at the U.S. Department of

Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 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 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 13, 2007
(72 FR 52311). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

The unsafe condition is failure of the rotating rod in the control
linkage of the trailing edge flap and consequent flap asymmetry during
the approach to landing, which could result in reduced controllability
of the airplane. The corrective actions include the following:
Verifying the correct assembly of the flap rotating rods and associated
brackets and installing the rod and bracket with correct orientation/
positioning if necessary; and inspecting the rod for damage and
replacing the rod if any damage is found. You may obtain further
information by examining the MCAI in the AD docket.

Comments

We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

We estimate that this AD will affect about 739 products of U.S.
registry. We also estimate that it will take about 2 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $118,240, or $160 per
product.

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 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); 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.

[[Page 69609]]

We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov
; 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 the NPRM, 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. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
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.

Sec. 39.13 [Amended]

0
2. The FAA amends Sec. 39.13 by adding the following new AD:

2007-25-10 Dassault Aviation: Amendment 39-15292.
Docket No. FAA-2007-29175; Directorate Identifier 2007-NM-134-
AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective January
14, 2008.

Affected ADs

(b) None.

Applicability

(c) This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD; certificated in any
category.
(1) Dassault Model Mystere-Falcon 50 airplanes on which Dassault
Modification M2996 has not been implemented.
(2) Dassault Model Mystere-Falcon 900 airplanes on which
Dassault Modification M5007 has not been implemented.
(3) Dassault Model Falcon 900EX airplanes on which Dassault
Modification M5007 has not been implemented (including serial number
601 and subsequent, also known as ``DX'' airplanes).
(4) Dassault Model Falcon 2000 and Falcon 2000EX airplanes on
which Dassault Modification M2465 has not been implemented.

Subject

(d) Air Transport Association (ATA) of America Code 27: Flight
controls.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:

The unsafe condition is failure of the rotating rod in the control
linkage of the trailing edge flap and consequent flap asymmetry
during the approach to landing, which could result in reduced
controllability of the airplane. The corrective actions include the
following: Verifying the correct assembly of the flap rotating rods
and associated brackets and installing the rod and bracket with
correct orientation/positioning if necessary; and inspecting the rod
for damage and replacing the rod if any damage is found.

Actions and Compliance

(f) Unless already done, within 330 flight hours or 7 months
after the effective date of this AD, whichever occurs first, do the
following actions.
(1) Verify the correct assembly of the flap rotating rods and
associated retaining brackets installed in the LH (left-hand)/RH
(right-hand) wing root compartment and in the LH and RH main landing
gear compartment and inspect the rod for damage, in accordance with
the applicable Dassault service bulletin given in Table 1 of this
AD.
(2) If a rod is found damaged, replace this rod prior to next
flight in accordance with the applicable Dassault service bulletin
given in Table 1 of this AD. If the rod orientation or bracket
positioning is not correct, correct the orientation or positioning,
as applicable, prior to next flight in accordance with the
applicable Dassault service bulletin given in Table 1 of this AD.
(3) Label the rods and associated retaining brackets in
accordance with the applicable Dassault service bulletin given in
Table 1 of this AD.

Table 1.--Dassault Service Bulletins
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Airplane model Service Bulletin Date
----------------------------------------------------------------------------------------------------------------
Mystere-Falcon 50...................... F50-468........................ March 29, 2006.
Mystere-Falcon 900..................... F900-367....................... March 29, 2006.
Falcon 900EX........................... F900EX-269..................... March 29, 2006.
Falcon 2000............................ F2000-326...................... March 29, 2006.
Falcon 2000EX.......................... F2000EX-83..................... March 29, 2006.
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FAA AD Differences

Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1137; fax (425) 227-1149.
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.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

(h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2006-0115, dated May 10, 2006; and the Dassault service
bulletins listed in Table 1 of this AD, for related information.

Material Incorporated by Reference

(i) You must use the service information specified in Table 2 of
this AD to do the

[[Page 69610]]

actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey
07606.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

Table 2.--Material Incorporated by Reference
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Dassault Service Bulletin Date
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F50-468................................ March 29, 2006.
F900-367............................... March 29, 2006.
F900EX-269............................. March 29, 2006.
F2000-326.............................. March 29, 2006.
F2000EX-83............................. March 29, 2006.
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Issued in Renton, Washington, on November 23, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-23638 Filed 12-7-07; 8:45 am]

BILLING CODE 4910-13-P