[Federal Register: July 8, 2009 (Volume 74, Number 129)]
[Rules and Regulations]
[Page 32419-32421]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy09-9]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0263; Directorate Identifier 2008-NM-137-AD;
Amendment 39-15957; AD 2009-14-07]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Mystere-Falcon 20-C5,
20-D5, 20-E5, and 20-F5 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 hot air leaks when operating the wing anti-icing
system. The seals Part Number (P/N) MS29513-325, near the de-icing
valves (12H1) and (12H2) in frame 33 area, do not have the proper
temperature rating.
The consequences, in the area of the hot air leak, are risks of
ignition of potential hydraulic leaks.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective August 12, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 12,
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 March 26, 2009 (74
FR 13147). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
This Airworthiness Directive (AD) is issued following the
discovery of hot air leaks when operating the wing anti-icing
system. The seals Part Number (P/N) MS29513-325, near the de-icing
valves (12H1) and (12H2) in frame 33 area, do not have the proper
temperature rating.
The consequences, in the area of the hot air leak, are risks of
ignition of potential hydraulic leaks.
The purpose of this AD is to verify that seals with correct
temperature rating have been installed on Mystere-Falcon 20-()5
airplanes.
The corrective action includes replacing the left and right seals near
de-icing valves (12H1) and (12H2) in frame area 33. 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 Refer to Current Revision of the Service Bulletin
Dassault Falcon Jet Corporation (Dassault) requests that we revise
the NPRM to refer to Revision 1 of Dassault Mandatory Service Bulletin
F20-766, dated June 24, 2008, in this AD. We referred to Dassault
Service Bulletin F20-766, dated October 31, 2005, in the NPRM as the
appropriate source of service information for doing the proposed
requirements.
We agree. Dassault Mandatory Service Bulletin F20-766, Revision 1,
dated June 24, 2008, does not specify any additional action for
airplanes on which the required actions have been accomplished in
accordance with the original issue of Dassault Service Bulletin F20-
766, dated October 31, 2005. Also, paragraph 1.D. of Dassault Mandatory
Service Bulletin F20-766,
[[Page 32420]]
Revision 1, dated June 24, 2008, revises the compliance to correspond
with the MCAI. Therefore, we revised paragraphs (f) and (h) of this AD
to refer to Dassault Mandatory Service Bulletin F20-766, Revision 1,
dated June 24, 2008. We have also revised paragraph (f) of this AD to
give credit for actions done before the effective date of this AD in
accordance with Dassault Service Bulletin F20-766, dated October 31,
2005.
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 187 products of U.S. registry.
We also estimate that it will take about 1 work-hour 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 $14,960, or $80 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:
2009-14-07 Dassault Aviation (Formerly Avions Marcel Dassault-
Breguet Aviation (AMD/BA)): Amendment 39-15957. Docket No. FAA-2009-
0263; Directorate Identifier 2008-NM-137-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
12, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Mystere-Falcon 20-C5, 20-D5, 20-E5, and
20-F5 airplanes, certificated in any category, without Dassault
Service Bulletin F20-766 implemented.
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 issued following the
discovery of hot air leaks when operating the wing anti-icing
system. The seals Part Number (P/N) MS29513-325, near the de-icing
valves (12H1) and (12H2) in frame 33 area, do not have the proper
temperature rating.
The consequences, in the area of the hot air leak, are risks of
ignition of potential hydraulic leaks.
The purpose of this AD is to verify that seals with correct
temperature rating have been installed on Mystere-Falcon 20-()5
airplanes.
The corrective action includes replacing the left and right seals
near de-icing valves (12H1) and (12H2) in frame area 33.
Actions and Compliance
(f) Unless already done, within 7 months after the effective
date of this AD, perform an inspection for a red line marking on
each of the Wiggins couplings that are located near the de-icing
valves (12H1) and (12H2), in accordance with Dassault Mandatory
Service Bulletin F20-766, Revision 1, dated June 24, 2008. If a red
line is not found, prior to further flight, replace the seals to the
left and right Wiggins couplings, in accordance with Dassault
Mandatory Service Bulletin F20-766, Revision 1, dated June 24, 2008.
Inspections and replacements accomplished before the effective date
of this AD in accordance with Dassault Service Bulletin F20-766,
dated October 31, 2005, are considered acceptable for compliance
with the corresponding actions specified in 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:
[[Page 32421]]
(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 maintenance inspector
(PMI) or principal avionics inspector (PAI), as appropriate, or
lacking a principal inspector, your local Flight Standards District
Office.
(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 2008-0123, dated July 2, 2008; and Dassault Mandatory
Service Bulletin F20-766, Revision 1, dated June 24, 2008; for
related information.
Material Incorporated by Reference
(i) You must use Dassault Mandatory Service Bulletin F20-766,
Revision 1, dated June 24, 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 of the service information 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 that
is incorporated by reference 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 June 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-15638 Filed 7-7-09; 8:45 am]
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