[Federal Register: August 4, 2008 (Volume 73, Number 150)]
[Proposed Rules]
[Page 45176-45178]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au08-10]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0830; Directorate Identifier 2007-NM-285-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Falcon 2000EX Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed 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:
Investigations after a CAS (crew alerting system) message ``ENG
1 FIRE DETECT FAIL'' that occurred on an in-service aircraft
revealed that the detector threshold tolerances could not permit to
identify the failure of one single engine fire detector loop out of
the two present on each engine. The fire detection system integrity
is therefore not correctly monitored.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by September 3,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
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.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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 this proposed AD, 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.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0830;
Directorate Identifier 2007-NM-285-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On January 5, 2007, we issued AD 2007-02-01, Amendment 39-14888 (72
FR 2177, January 18, 2007). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2007-02-01, we have determined that fire
detector threshold tolerances for the affected airplanes do not
identify the failure of one engine fire detector loop out of the two
present on each engine. The European Aviation Safety Agency (EASA),
which is the Technical Agent for the Member States of the European
Community, has issued EASA Airworthiness Directive 2007-0119, dated May
2, 2007 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
Investigations after a CAS (crew alerting system) message ``ENG
1 FIRE DETECT FAIL'' that occurred on an in-service aircraft
revealed that the detector threshold tolerances could not permit to
identify the failure of one single engine fire detector loop out of
the two present on each engine. The fire detection system integrity
is therefore not correctly monitored.
Airworthiness Directive (AD) No 2006-0356-E [which corresponds
to FAA AD 2007-02-01] was initially issued to mandate the
verification of the fire detection system integrity by a one time
inspection.
The current AD mandates installation of two new fire monitoring
units of an improved design, each one of them is capable of
monitoring the integrity of both detectors on the associated engine.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Dassault has issued Service Bulletin F2000EX-138, dated March 5,
2007. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
[[Page 45177]]
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 42 products of U.S. registry. We also estimate that
it would take about 3 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $0 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 costs.
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 the proposed AD on U.S. operators to
be $10,080, or $240 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 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 this 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.
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 FAA amends Sec. 39.13 by removing Amendment 39-14888 (72 FR
2177, January 18, 2007) and adding the following new AD:
Dassault Aviation: Docket No. FAA-2008-0830; Directorate Identifier
2007-NM-285-AD.
Comments Due Date
(a) We must receive comments by September 3, 2008.
Affected ADs
(b) This AD supersedes AD 2007-02-01, Amendment 39-14888.
Applicability
(c) This AD applies to Dassault Model Falcon 2000EX airplanes,
certificated in any category, serial number (S/N) 06 and from S/N 28
to 107 inclusive, without modification M2958 implemented.
Subject
(d) Air Transport Association (ATA) of America Code 26: Fire
Protection.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Investigations after a CAS (crew alerting system) message ``ENG
1 FIRE DETECT FAIL'' that occurred on an in-service aircraft
revealed that the detector threshold tolerances could not permit to
identify the failure of one single engine fire detector loop out of
the two present on each engine. The fire detection system integrity
is therefore not correctly monitored.
Airworthiness Directive (AD) No 2006-0356-E [which corresponds
to FAA AD 2007-02-01] was initially issued to mandate the
verification of the fire detection system integrity by a one time
inspection.
The current AD mandates installation of two new fire monitoring
units of an improved design, each one of them is capable of
monitoring the integrity of both detectors on the associated engine.
Restatement of Requirements of AD 2007-02-01
(f) Unless already done, do the following actions. Within 35
days after February 2, 2007 (the effective date of AD 2007-02-01),
perform an engine fire detection integrity check as required by
paragraphs (f)(1), (f)(2), and (f)(3) of this AD in accordance with
Dassault Service Bulletin F2000EX-137, Revision 1, dated December 7,
2006. Doing the replacement required by paragraph (g) of this AD
terminates the requirements of this paragraph.
(1) First, in the baggage compartment, on each mobile connector
of the monitoring units (L320WG) and (R320WG), the equivalent
resistance of the two engine detectors at the LH (left-hand) and the
RH (right-hand) sides must be verified. According to findings, the
corresponding system is either considered correct or incorrect.
(2) As a second step, if either one or both the LH and the RH
system is (are) found to be incorrect, it is required to check the
actual resistance of both detectors of the incorrect system(s) on
the affected engine(s).
(3) Any faulty detector must be replaced prior to further
flight.
(4) Actions done before February 2, 2007, in accordance with
Dassault Service Bulletin F2000EX-137, dated November 23, 2006, are
acceptable for compliance with the requirements of paragraph (f) of
this AD.
New Requirements of This AD: Actions and Compliance
(g) Unless already done, within the next 12 months after the
effective date of this AD, remove the two fire monitoring units
having part number (P/N) 6342-01 and replace them with new ones
having P/N 6342-02 in accordance with the Accomplishment
Instructions of Dassault Service Bulletin F2000EX-138, dated March
5, 2007. Doing the replacement terminates the requirements of
paragraph (f) of this AD.
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, 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
[[Page 45178]]
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 Airworthiness
Directive 2007-0119, dated May 2, 2007, and Dassault Service
Bulletin F2000EX-138, dated March 5, 2007, for related information.
Issued in Renton, Washington, on July 23, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-17792 Filed 8-1-08; 8:45 am]
BILLING CODE 4910-13-P