Federal Register, Volume 73 Issue 119 (Thursday, June 19, 2008)

[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34849-34851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13576]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0296; Directorate Identifier 2007-NM-307-AD;
Amendment 39-15567; AD 2008-13-04]
RIN 2120-AA64

Airworthiness Directives; Dassault Model Mystere-Falcon 20-C5,
20-D5, and 20-E5 Airplanes

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

ACTION: Final rule.

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[[Page 34850]]

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:

This Airworthiness Directive (AD) is prompted by the discovery
on an in-service Mystere-Falcon 20-C5 of a collapsed wing anti-ice
flexible hose due to internal ply separation.
Consequences on the aircraft can be insufficient anti-icing not
detected by the monitoring system. Ice accretion on the wing might
then occur and might jeopardize the aircraft flight performance and
safety.

* * * * *
The unsafe condition is undetected excessive ice build-up on the wings,
which could interfere with controllability of the airplane. We are
issuing this AD to require actions to correct the unsafe condition on
these products.

DATES: This AD becomes effective July 24, 2008.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 24,
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, FAA, Transport Airplane Directorate,
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 March 13, 2008 (73
FR 13509). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

The unsafe condition is undetected excessive ice build-up on the wings,
which could interfere with controllability of the airplane. 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 214 products of U.S.
registry. We also estimate that it will take about 5 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost about $887
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $275,418, or $1,287 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.
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.

[[Page 34851]]

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:

2008-13-04 Dassault Aviation (Formerly Avions Marcel Dassault-
Breguet Aviation (AMD/BA)): Amendment 39-15567. Docket No. FAA-2008-
0296; Directorate Identifier 2007-NM-307-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective July 24,
2008.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Dassault Model Mystere-Falcon 20-C5, 20-
D5, and 20-E5 airplanes, certificated in any category, all serial
numbers.

Subject

(d) Air Transport Association (ATA) of America Code 30: Ice and
Rain Protection.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
This Airworthiness Directive (AD) is prompted by the discovery
on an in-service Mystere-Falcon 20-C5 of a collapsed wing anti-ice
flexible hose due to internal ply separation.
Consequences on the aircraft can be insufficient anti-icing not
detected by the monitoring system. Ice accretion on the wing might
then occur and might jeopardize the aircraft flight performance and
safety.
The present AD mandates replacement of the wing anti-ice
flexible hoses by new ones of an improved design.
The unsafe condition is undetected excessive ice build-up on the
wings, which could interfere with controllability of the airplane.

Actions and Compliance

(f) Within 7 months after the effective date of this AD, unless
already done, do the following actions.
(1) Inspect to determine whether any wing anti-ice flexible hose
having part number (P/N) FAL1006 or P/N ARM224A is installed. A
review of airplane maintenance records is acceptable in lieu of this
inspection if the part number of the wing anti-ice flexible hose can
be conclusively determined from that review. If any wing anti-ice
flexible hose does not have P/N FAL1006 or P/N ARM224A, no further
action is required by this AD for that hose, except as required by
paragraph (f)(3) of this AD.
(2) Remove any wing anti-ice flexible hose having P/N FAL1006 or
P/N ARM224A, and install a new hose having ESPA (brand) P/N
60503104509; in accordance with the Accomplishment Instructions of
Dassault Service Bulletin F20-775, dated July 9, 2007.
(3) As of the effective date of this AD, no person shall install
any flexible hose having P/N FAL1006 or P/N ARM224A on any Model
Mystere-Falcon 20-C5, 20-D5, or 20-E5 airplane specified in the
applicability of this AD.

FAA AD Differences

Note 1: This AD differs from the MCAI and/or service information
as follows: The MCAI does not require inspecting to determine the
part numbers of the wing anti-ice flexible hoses. This AD requires
such an inspection.

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 2007-0227, dated September 17, 2007; and Dassault Service
Bulletin F20-775, dated July 9, 2007; for related information.

Material Incorporated by Reference

(i) You must use Dassault Service Bulletin F20-775, dated July
9, 2007, to do the 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.

Issued in Renton, Washington, on June 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-13576 Filed 6-18-08; 8:45 am]
BILLING CODE 4910-13-P