[Federal Register: December 11, 2008 (Volume 73, Number 239)]
[Rules and Regulations]
[Page 75319-75321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de08-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0732; Directorate Identifier 2008-NM-053-AD;
Amendment 39-15762; AD 2008-25-04]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Mystere-Falcon 50
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:
* * * [S]ome aircraft could have experienced wing overpressure
consecutive to the latent failure of both [pressure relief] valve
units. Overpressure although not sufficient to cause static damages
could have impaired the fatigue damage tolerance of the wing
structure. * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective January 15, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 15,
2009.
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 July 10, 2008 (73 FR
39628). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
Analysed in-service events revealed that corrosion of pressure
relief valves in wing fuel tanks was likely to occur well before
reaching their Time Between Overhaul (TBO) and could make the valves
stick in the closed position.
Therefore some aircraft could have experienced wing overpressure
consecutive to the latent failure of both valve units. Overpressure
although not sufficient to cause static damages could have impaired
the fatigue damage tolerance of the wing structure. Consequently
this Airworthiness Directive (AD) mandates introduction of a new
repetitive inspection of the wing structure.
The repetitive ultrasonic inspection is intended to detect
incipient cracking on the stiffeners of the right-hand and left-hand
wing lower panels between ribs 13 and 17 (the inspection area extends
to just beyond rib 16). The corrective actions if any cracking is found
include contacting Dassault for repair instructions, and doing the
repair. 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 considered the comment received.
Request to Change the Inspection Interval for the ``Valve Boxes''
Jim Sparks, a private citizen, requests that a more practical
solution to this subject would be to change the interval of inspections
for the ``valve boxes.'' He states that the reliability of the ``valve
boxes'' has not been stellar. The commenter explains that Model
Mystere-Falcon 50 airplanes have two independent wing fuel tank ``valve
boxes'' that incorporate over-pressure relief valves coupled with a
stand-alone wing tank pressure reducing/overpressure relief valve. The
commenter states that because of the commonality in the system, both
overpressure relief valves and the regulating valve would have to fail
before any overpressure would occur. The commenter also states that the
pressure relief valves, along with the entire system, do have
manufacturer's recommended intervals for both operational and
functional testing and that a more practical solution would be to
require a change to the inspection interval for those ``valve boxes.''
We disagree with the request to require a change to the repetitive
inspection interval of the ``valve boxes.'' The purpose of this AD is
to address the unsafe condition, which is possible damage to the wing
structure due to over-pressurization. Therefore, we will be mandating
only the inspections of the lower panel stiffeners. We are aware that
the manufacturer has made changes to the design of the ``valve boxes''
and the inspection interval for them. We agree with the recommended
changes from the manufacturer in modifying the design and inspection
interval of the ``valve boxes'' and acknowledge that they could result
in fewer overpressure occurrences leading to the unsafe condition of
damage to the wing structure. However, the intent of this AD is to
detect any cracking of the wing structure that might have a root cause
in an overpressure event. We have not changed the AD in this regard.
Explanation of Updated Service Information
Since we issued the NPRM, Dassault has issued Falcon 50/50EX
Maintenance Manual, Maintenance Procedure 57-401, ``Non-Destructive
Check of the Wing Lower Panels Stiffeners Between Ribs 13 and 17 (ATA
57-00-21),'' dated July 2008. (We referred to Temporary Revision 74,
dated November 2007, to the Dassault Falcon 50/50EX Maintenance Manual,
Maintenance Procedure 57-401, ``Non-Destructive Check of the Wing Lower
Panels Stiffeners Between Ribs 13 and 16 (ATA 57-00-21),'' as the
appropriate source of service information in the NPRM.) Maintenance
Procedure 57-401, Revision July 2008, refers to ``Between Ribs 13 and
17'' rather than ``Between Ribs 13 and 16.'' The change to refer to Rib
17 and the corresponding change in certain sections of the maintenance
procedure more accurately reflect the inspection area required by this
AD and specified in the MCAI.
We have revised paragraph (f) of this AD to include two separate
paragraphs.
[[Page 75320]]
The new paragraph (f)(1) refers to Dassault Falcon 50/50EX Maintenance
Manual, Maintenance Procedure 57-401, ``Non-Destructive Check of the
Wing Lower Panels Stiffeners Between Ribs 13 and 17 (ATA 57-00-21),''
dated July 2008, as the appropriate source of service information for
doing the actions required by this AD. The new paragraph (f)(2) gives
credit to operators who accomplished the actions before the effective
date of this AD in accordance with Dassault Temporary Revision 74,
dated November 2007.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
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 247 products of U.S. registry.
We also estimate that it will take about 6 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 $118,560, or $480 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:
2008-25-04 Dassault Aviation: Amendment 39-15762. Docket No. FAA-
2008-0732; Directorate Identifier 2008-NM-053-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
15, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Dassault Model Mystere-Falcon 50
airplanes, certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Analyzed in-service events revealed that corrosion of pressure
relief valves in wing fuel tanks was likely to occur well before
reaching their Time Between Overhaul (TBO) and could make the valves
stick in the closed position.
Therefore some aircraft could have experienced wing overpressure
consecutive to the latent failure of both valve units. Overpressure
although not sufficient to cause static damages could have impaired
the fatigue damage tolerance of the wing structure. Consequently
this Airworthiness Directive (AD) mandates introduction of a new
repetitive inspection of the wing structure.
The repetitive ultrasonic inspection is intended to detect
incipient cracking on the stiffeners of the right-hand and left-hand
wing lower panels between ribs 13 and 17 (the inspection area
extends to just beyond rib 16). The corrective actions if any
cracking is found include contacting Dassault for repair
instructions, and doing the repair.
Actions and Compliance
(f) Unless already accomplished, do the following actions:
(1) Prior to the accumulation of 14,200 total flight cycles, or
within 160 flight cycles after the effective date of this AD,
whichever occurs later, do the ultrasonic inspection described in
Dassault Falcon 50/50EX Maintenance Manual, Maintenance Procedure
57-401, ``Non-Destructive Check of the Wing Lower Panels Stiffeners
Between Ribs 13 and 17 (ATA 57-00-21),'' dated July 2008. Do all
applicable corrective actions before further flight. Repeat the
inspection thereafter at intervals not to exceed 5,350 flight
cycles.
(2) Actions done before the effective date of this AD in
accordance with Dassault Temporary Revision 74, dated November 2007,
to the Dassault Falcon 50/50EX Maintenance Manual, Maintenance
Procedure 57-401, ``Non-Destructive Check
[[Page 75321]]
of the Wing Lower Panels Stiffeners Between Ribs 13 and 16 (ATA 57-
00-21),'' are acceptable for compliance with the requirements of
paragraph (f)(1) of this AD.
FAA AD Differences
Note 1: 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, ANM-
116, International Branch, 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 (EASA)
Airworthiness Directive 2008-0021, dated January 31, 2008; and
Dassault Falcon 50/50EX Maintenance Manual, Maintenance Procedure
57-401, ``Non-Destructive Check of the Wing Lower Panels Stiffeners
Between Ribs 13 and 17 (ATA 57-00-21),'' dated July 2008; for
related information.
Material Incorporated by Reference
(i) You must use Dassault Falcon 50/50EX Maintenance Manual,
Maintenance Procedure 57-401, ``Non-Destructive Check of the Wing
Lower Panels Stiffeners Between Ribs 13 and 17 (ATA 57-00-21),''
dated July 2008, 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; telephone 201-440-6700; Internet http://
www.dassaultfalcon.com.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information 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/code_of_
federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on November 26, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-29072 Filed 12-10-08; 8:45 am]
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