[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Proposed Rules]
[Pages 43878-43881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18292]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0864; Directorate Identifier 2008-NM-202-AD]
RIN 2120-AA64
Airworthiness Directives; DASSAULT AVIATION Model Falcon 10
Airplanes; Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and
G Airplanes; Model MYSTERE-FALCON 200 Airplanes; Model MYSTERE-FALCON
20-C5, 20-D5, 20-E5, and 20-F5 Airplanes; Model FALCON 2000 and FALCON
2000EX Airplanes; and Model MYSTERE-FALCON 50 and MYSTERE-FALCON 900
Airplanes, and FALCON 900EX Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. 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:
During maintenance on one aircraft, it was discovered that the
overpressure capsules were broken on both pressurization valves.
Failure of the pressurization control regulating valve (overpressure
capsule) will affect the aircraft's overpressure protection * * *.
* * * * *
The unsafe condition is overpressurization, which can result in injury
to the occupants and possible structural failure leading to loss of
control of the airplane. The proposed AD would require actions that are
intended to address the unsafe condition described in the MCAI.
[[Page 43879]]
DATES: We must receive comments on this proposed AD by August 23, 2010.
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.
For service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606;
telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You
may review copies of the referenced 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.
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-2009-0864;
Directorate Identifier 2008-NM-202-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
We proposed to amend 14 CFR part 39 with an earlier NPRM for some
of the specified products, which was published in the Federal Register
on September 21, 2009 (74 FR 48021). That earlier NPRM proposed to
require actions intended to address the unsafe condition for the
products listed above.
Since that NPRM was issued, we have determined that Model FAN JET
FALCON SERIES C, D, E, F, and G airplanes are also subject to the
identified unsafe condition. We have revised the applicability in this
supplemental NPRM to include these airplanes.
Comments
We have considered the following comments received on the earlier
NPRM.
Request To Extend Compliance Time for Certain Airplanes
Dassault Aviation (Dassault) requests that we extend the compliance
times in Table 1 of the earlier NPRM for Model MYSTERE-FALCON 900,
FALCON 900EX, Model FALCON 2000, and FALCON 2000EX airplanes from 1,630
flight hours to 1,640 flight hours. Dassault explains that 1,640 flight
hours is the correct amount of time for the 1,600-flight-hour B-check
interval and +40-flight-hour tolerance indicated in the ``General''
section of each airplane's Chapter 5 Maintenance Schedule. Dassault
notes that this extended compliance time has been approved by the
European Aviation Safety Agency.
We agree, for the reasons provided by the commenter. We have
revised Table 1 of this supplemental NPRM accordingly.
Request To Include Current Maintenance Procedure
Dassault requests that we identify the current maintenance
procedures in the AD. Dassault explains that later versions of the
maintenance procedures have been created since the earlier NPRM was
issued. Dassault also suggests that we add the phrase for Table 2 of
this AD, ``as may be amended from time to time by Dassault Aviation.''
We partially agree. For the reasons provided by the commenter, we
agree to identify the current maintenance procedures and have revised
the Maintenance Procedure column of Table 2 of this supplemental NPRM
accordingly. We do not agree to add the phrase, ``as may be amended
from time to time by Dassault Aviation,'' as it contradicts FAA policy.
We cannot refer to procedures or documents in our AD that do not yet
exist. Operators may request approval to use a later revision of the
specified maintenance procedure as an alternative method of compliance
with the proposed requirements under the provisions of paragraph (h)(1)
of this supplemental NPRM.
Explanation of Change Made to This Supplemental NPRM
We have revised this supplemental NPRM to identify the legal name
of the manufacturer as published in the most recent type certificate
data sheet for the affected airplane models.
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.
Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed 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 proposed different actions in this AD from those
in the MCAI in order to follow FAA
[[Page 43880]]
policies. Any such differences are highlighted in a Note within the
proposed AD.
Explanation of Change to Costs of Compliance
Since issuance of the earlier NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work-hour to $85 per
work-hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 1,082 products of U.S. registry. We also estimate
that it would take about 1 work-hour per product to comply with the
basic requirements of this proposed AD. The average labor rate is $85
per work-hour. Based on these figures, we estimate the cost of the
proposed AD on U.S. operators to be $91,970, or $85 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 adding the following new AD:
Dassault Aviation: Docket No. FAA-2009-0864; Directorate Identifier
2008-NM-202-AD.
Comments Due Date
(a) We must receive comments by August 23, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category.
(1) DASSAULT AVIATION Model Falcon 10 airplanes, Model FAN JET
FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes, and Model
MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes; all serial
numbers, equipped with Liebherr or ABG-Semca pressurization outflow
valves.
(2) DASSAULT AVIATION Model MYSTERE-FALCON 200 airplanes, Model
MYSTERE-FALCON 50 and MYSTERE-FALCON 900, and FALCON 900EX
airplanes, and Model FALCON 2000 and FALCON 2000EX airplanes; all
serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 21: Air
Conditioning.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
``During maintenance on one aircraft, it was discovered that the
overpressure capsules were broken on both pressurization valves.
Failure of the pressurization control regulating valve (overpressure
capsule) will affect the aircraft's overpressure protection * * *''.
* * * * *
The unsafe condition is overpressurization, which can result in
injury to the occupants and possible structural failure leading to
loss of control of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection and Replacement
(g) Unless already done, do the following actions
(1) Within 6 months after the effective date of this AD, or
before reaching the applicable time in the ``Inspection Threshold''
column specified in Table 1 of this AD, whichever occurs later, and
thereafter at intervals not to exceed the applicable time in the
``Inspection Interval'' column specified in Table 1 of this AD:
Inspect for overpressure tightness on both regulating valves using a
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA) (or its delegated agent).
Table 1--Compliance Times
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Affected airplanes Inspection threshold (whichever occurs Inspection interval
later)
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Model FAN JET FALCON, FAN JET Prior to the Within 1,250 flight 1,250 flight hours.
FALCON SERIES C, D, E, F, and G accumulation of hours after the
airplanes, and Model 1,250 total flight valve was cleaned
MYSTERE[dash]FALCON 20-C5, 20- hours on the in accordance with
D5, 20-E5, and 20-F5 airplanes regulating valve this AD.
equipped with Liebherr or ABG- since new.
Semca valves part number (P/N)
209xx0xxx0x;
Model MYSTERE[dash]FALCON 200
airplanes;
[[Page 43881]]
Model Falcon 10 airplanes,
equipped with Liebherr or ABG-
Semca valves P/N 209xx0xxx0x.
Model MYSTERE[dash]FALCON 50 Prior to the Within 1,630 flight 1,630 flight hours.
airplanes. accumulation of hours after the
1,630 total flight valve was cleaned
hours on the in accordance with
regulating valve this AD.
since new.
Model MYSTERE[dash]FALCON 900, Prior to the Within 1,640 flight 1,640 flight hours.
FALCON 900EX (including ``F900EX- accumulation of hours after the
EASy'' and ``F900DX''), Model 1,640 total flight valve was cleaned
FALCON 2000, and FALCON 2000EX hours on the in accordance with
(including ``F2000EX-EASy'' and regulating valve this AD.
``F2000DX'') airplanes. since new.
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Note 1: Guidance on inspecting for overpressure tightness on
both regulating valves can be found in the applicable airplane
maintenance manual identified in Table 2 of this AD.
Table 2--Maintenance Manual Guidance
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See Dassault
For affected airplanes-- maintenance procedure-- In maintenance manual--
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Model Falcon 10 airplanes, 21-32-01, dated July Dassault Falcon 10 Maintenance Manual.
equipped with Liebherr or ABG- 2009.
Semca valves P/N 209xx0xxx0x.
Model FALCON 900EX (including 21-314, dated September Dassault Falcon 900EX EASy Maintenance Manual.
``F900EX-EASy'' and ``F900DX'') 2008.
airplanes.
Model FALCON 2000 and FALCON 21-314, dated November Dassault Falcon 2000 Maintenance Manual.
2000EX (including ``F2000EX- 2008.
EASy'') airplanes.
Model FALCON F2000DX airplanes... 21-314, dated November Dassault Falcon 2000DX Maintenance Manual.
2008.
Model FAN JET FALCON, FAN JET
FALCON SERIES C, D, E, F, and G
airplanes,.
MYSTERE-FALCON 20-C5, 20-D5,..... 21-31-10, dated October Dassault Fan Jet Falcon Maintenance Manual.
20-E5, and 20-F5 airplanes; 2008.
equipped with Liebherr or ABG-
Semca valves part number (P/N)
209xx0xxx0x.
Model MYSTERE-FALCON 50 airplanes 21-160, dated January Dassault Falcon 50/50EX Maintenance Manual.
2009.
Model MYSTERE-FALCON 200 051.0, dated December Dassault Falcon 200 Maintenance Manual.
airplanes. 2008.
Model MYSTERE-FALCON 900 21-308, dated October Dassault Falcon 900 Maintenance Manual.
airplanes. 2008.
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(2) If any leak is found during any inspection required by
paragraph (g)(1) of this AD, before further flight, replace the
affected valve with a serviceable unit, using a method approved by
either the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA (or its delegated agent).
Note 2: Guidance on replacing regulating valves can be found in
the applicable airplane maintenance manual identified in Table 2 of
this AD.
FAA AD Differences
Note 3: This AD differs from the MCAI as follows: Although
paragraph (3) of the compliance section of the MCAI allows flight in
accordance with the master minimum equipment list (MMEL) provisions
after leaks are found, paragraph (g)(2) of this AD requires
replacing affected valves before further flight.
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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(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 (44
U.S.C. 3501 et seq.), 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 EASA Airworthiness Directive 2008-0072, dated
April 18, 2008, for related information.
Issued in Renton, Washington, on July 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-18292 Filed 7-26-10; 8:45 am]
BILLING CODE 4910-13-P