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

[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34851-34854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13589]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0365; Directorate Identifier 2007-NM-274-AD;
Amendment 39-15563; AD 2008-12-19]
RIN 2120-AA64

Airworthiness Directives; Dassault Model Mystere-Falcon 900 and
Falcon 900EX 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:

This Airworthiness Directive (AD) is issued following the
discovery of a potential chafing between the feeder bundle and the
right side partition wall separating the cabin from the lavatory at
frames 22/23. This chafing may damage the feeder bundle and cause a
sustained smoke-generating short-circuit between the feeder and the
partition wall made of resistive composite material. Strong smoke
and a difficult-to-localize short-circuit may result in a hazardous
situation.

The unsafe condition is sustained smoke in the cabin, which may lead to
reduced ability of the flightcrew to operate 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.

[[Page 34852]]

The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as 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 31, 2008 (73
FR 16784). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

The unsafe condition is sustained smoke in the cabin, which may lead to
reduced ability of the flightcrew to operate the airplane. Corrective
actions include inspecting for damage of the feeder cables, repairing
any damaged feeder cable, installing a protective Teflon tube over the
feeder cable bundle, and modifying the partition wall. 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 38 products of U.S.
registry. We also estimate that it will take about 3 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 $34 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 $10,412, or $274 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.

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:

2008-12-19 Dassault Aviation: Amendment 39-15563. Docket No. FAA-
2008-0365; Directorate Identifier 2007-NM-274-AD.

Effective Date

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

Affected ADs

(b) None.

[[Page 34853]]

Applicability

(c) This AD applies to the Dassault airplanes described in
paragraphs (c)(1) and (c)(2) of this AD, certificated in any
category.
(1) Model Myst[egrave]re-Falcon 900 airplanes, serial numbers
188 through 202 inclusive, except those on which both Dassault
Service Bulletins F900-358 and F900-359 have already been
implemented, or Modification M3891 has already been implemented.
(2) Model Falcon 900EX airplanes, serial numbers 82 through 146
inclusive, except those on which both Dassault Service Bulletins
F900EX-241 and F900EX-251 have already been implemented, or
Modification M3891 has already been implemented.

Subject

(d) Air Transport Association (ATA) of America Code 24:
Electrical Power.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
This Airworthiness Directive (AD) is issued following the
discovery of a potential chafing between the feeder bundle and the
right side partition wall separating the cabin from the lavatory at
frames 22 / 23. This chafing may damage the feeder bundle and cause
a sustained smoke-generating short-circuit between the feeder and
the partition wall made of resistive composite material. Strong
smoke and a difficult-to-localize short-circuit may result in a
hazardous situation.
The unsafe condition is sustained smoke in the cabin, which may
lead to reduced ability of the flightcrew to operate the airplane.
Corrective actions include inspecting for damage of the feeder
cables, repairing any damaged feeder cable, installing a protective
Teflon tube over the feeder cable bundle, and modifying the
partition wall.

Actions and Compliance

(f) Unless already done, do the following actions.
(1) For Model Myst[egrave]re-Falcon 900 airplanes: Do the
actions specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
(i) Within 330 flight hours or 7 months after the effective date
of this AD, whichever occurs first, inspect for damage of the feeder
cable bundle at the right side partition wall at frames 22/23, and,
if no damage of any feeder cable is found, before further flight,
install a protective Teflon tube over the feeder cable bundle; in
accordance with the Accomplishment Instructions of Dassault Service
Bulletin F900-358, Revision 1, dated July 19, 2006. If chafing or
damage of any feeder cable is found, before further flight, repair
the feeder cable in accordance with the Accomplishment Instructions
of Dassault Service Bulletin F900-359, Revision 1, dated July 19,
2006; and install a protective Teflon tube over the feeder cable
bundle in accordance with Dassault Service Bulletin F900-359,
Revision 1, or Dassault Service Bulletin F900-358, Revision 1.
(ii) Within 3,750 flight cycles or 74 months after the effective
date of this AD, whichever occurs first, modify the right side
partition wall at frames 22/23; in accordance with the
Accomplishment Instructions of Dassault Service Bulletin F900-359,
Revision 1, dated July 19, 2006. Implementation of both Dassault
Service Bulletin F900-358 and Dassault Service Bulletin F900-359,
both Revision 1, both dated July 19, 2006, terminates the
requirements of this AD for Model Myst[egrave]re-Falcon 900
airplanes.
(2) For Model Falcon 900EX airplanes: Do the actions specified
in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD.
(i) Within 330 flight hours or 7 months after the effective date
of this AD, whichever occurs first, inspect for damage of the feeder
cable bundle at the right side partition wall at frames 22/23, and,
if no such damage of any feeder cable is found, before further
flight, install a protective Teflon tube over the feeder cable
bundle; in accordance with the Accomplishment Instructions of
Dassault Service Bulletin F900EX-241, Revision 1, dated July 19,
2006. If any damage of any feeder cable is found, before further
flight, repair the feeder cable in accordance with the
Accomplishment Instructions of Dassault Service Bulletin F900EX-251,
Revision 1, dated July 19, 2006; and install a protective Teflon
tube over the feeder cable bundle in accordance with Dassault
Service Bulletin F900EX-251, Revision 1, or Dassault Service
Bulletin F900EX-241, Revision 1.
(ii) Within 3,750 flight cycles or 74 months after the effective
date of this AD, whichever occurs first, modify the right side
partition wall at frames 22/23, in accordance with the
Accomplishment Instructions of Dassault Service Bulletin F900EX-251,
Revision 1, dated July 19, 2006. Implementation of both Dassault
Service Bulletin F900EX-241 and Dassault Service Bulletin F900EX-
251, both Revision 1, both dated July 19, 2006, terminates the
requirements of this AD for Model Falcon 900EX airplanes.

Actions Accomplished According to Previous Issue of Service Bulletin

(g) Actions accomplished before the effective date of this AD,
in accordance with the service information described in Table 1 of
this AD, are considered acceptable for compliance with the
corresponding actions specified in this AD.

Table 1.--Previous Service Information
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Airplane model Dassault service bulletin Date
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Falcon 900EX............................. F900EX-241.................. October 19, 2005.
Falcon 900EX............................. F900EX-251.................. October 19, 2005.
Myst[egrave]re-Falcon 900................ F900-358.................... October 19, 2005.
Myst[egrave]re-Falcon 900................ F900-359.................... October 19, 2005.
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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

(h) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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

(i) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2006-0270, dated September 4, 2006, and the
service bulletins described in Table 2 of this AD, for related
information.

Table 2.--Dassault Service Information
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Service bulletin Revision Dated
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F900EX-241......................... 1 July 19, 2006.
F900EX-251......................... 1 July 19, 2006.
F900-358........................... 1 July 19, 2006.
F900-359........................... 1 July 19, 2006.
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Material Incorporated by Reference

(j) You must use the service information specified in Table 3 of
this AD to do the

[[Page 34854]]

actions required by this AD, as applicable, 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 3.--Material Incorporated by Reference
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Dassault service bulletin Revision Date
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F900EX-241......................... 1 July 19, 2006.
F900EX-251......................... 1 July 19, 2006.
F900-358........................... 1 July 19, 2006.
F900-359........................... 1 July 19, 2006.
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Issued in Renton, Washington, on June 5, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-13589 Filed 6-18-08; 8:45 am]
BILLING CODE 4910-13-P