Federal Register, Volume 75 Issue 244 (Tuesday, December 21, 2010)

[Federal Register Volume 75, Number 244 (Tuesday, December 21, 2010)]
[Rules and Regulations]
[Pages 79952-79955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31896]

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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;
Amendment 39-16544; AD 2010-26-05]
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), 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:

* * * * *
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. We are issuing this AD to require actions
to correct the unsafe condition on these products.

DATES: This AD becomes effective January 25, 2011.

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 supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That supplemental NPRM was published in the Federal Register
on July 27, 2010 (75 FR 43878). That supplemental NPRM proposed to
correct an unsafe condition for the specified products. The 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,
possibly resulting in a structural failure in case of combination
with another pressurization system failure. Consequently, Dassault
Aviation has developed a repetitive check of this outflow valve
capsule, which has already been introduced into the Maintenance of
Components section (chapter 5-20) of the relevant Aircraft
Maintenance Manuals (AMMs).
For the reason described above, this EASA [European Aviation
Safety Agency] Airworthiness Directive (AD) requires a repetitive
check of the outflow valve overpressure capsule, as it will also be
introduced into the Airworthiness Limitations section (chapter 5-40)
of the respective AMMs.

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. Required actions include repetitive
inspections for overpressure tightness on both regulating valves, and
replacing the affected valve with a serviceable unit if necessary. 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 for Certain Airplanes To Be Included in the Time Extension

Dassault Aviation requested that we revise the supplemental NPRM to
extend the time interval for Model Mystere-Falcon 50 airplanes, for the
overpressure tightness check that was specified in the supplemental
NPRM. The extension of the time interval specified in the supplemental
NPRM was from 1,630 flight hours to 1,640 flight hours for other
models.
We agree to extend the time interval for Model Mystere-Falcon 50
airplanes

[[Page 79953]]

in the final rule. The original NPRM defined a time interval for Model
MYSTERE-FALCON 50, MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, and
FALCON 2000EX airplanes. The supplemental NPRM extended the time
interval for Model MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, and
FALCON 2000EX airplanes. The extended interval for Model MYSTERE-FALCON
50 airplanes from 1,630 flight hours to 1,640 flight hours was
coordinated with EASA. We have revised Table 1 of paragraph (g)(1) of
the final rule accordingly.

Request for Inclusion of the Latest Procedure

Dassault Aviation requested that we revise the supplemental NPRM to
refer to the most current version of Dassault Maintenance Procedure 21-
160, of the Dassault Falcon 50/50EX Maintenance Manual. Dassault
Aviation explains that the referenced maintenance procedure has been
updated with a new picture and that the procedure is now dated January
2010.
We agree for the reasons stated by the commenter. We have revised
Table 2 of the final rule to refer to Dassault Maintenance Procedure
21-160, dated January 2010, as a source of guidance on inspecting for
overpress tightness on both valves for Model MYSTERE-FALCON 50
airplanes.

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 1,082 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 $85 per work-hour. Based on these figures, we estimate
the cost of this AD to the 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 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, 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:

2010-26-05 DASSAULT AVIATION: Amendment 39-16544. Docket No. FAA-
2009-0864; Directorate Identifier 2008-NM-202-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective January
25, 2011.

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 * * *.
* * * * *

[[Page 79954]]

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
Affected airplanes Inspection threshold (whichever occurs later) Inspection interval
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Model FAN JET FALCON, FAN JET FALCON Prior to the Within 1,250 flight 1,250 flight hours.
SERIES C, D, E, F, and G airplanes, accumulation of 1,250 hours after the valve
and Model MYSTERE-FALCON 20[dash]C5, total flight hours on was cleaned in
20-D5, 20-E5, and 20-F5 airplanes the regulating valve accordance with this
equipped with Liebherr or ABG-Semca since new. AD.
valves part number (P/N)
209xx0xxx0x;
Model MYSTERE-FALCON 200 airplanes;..
Model Falcon 10 airplanes, equipped
with Liebherr or ABG-Semca valves P/
N 209xx0xxx0x..
Model MYSTERE-FALCON 50 airplanes, Prior to the Within 1,640 flight 1,640 flight hours.
Model MYSTERE-FALCON 900, FALCON accumulation of 1,640 hours after the valve
900EX (including ``F900EX-EASy'' and total flight hours on was cleaned in
``F900DX''), Model FALCON 2000, and the regulating valve accordance with this
FALCON 2000EX (including ``F2000EX- since new. AD.
EASy'' and ``F2000DX'') airplanes.
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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 maintenance
For affected airplanes-- procedure-- In maintenance manual--
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Model Falcon 10 airplanes, equipped with 21-32-01, dated July 2009........ Dassault Falcon 10 Maintenance
Liebherr or ABG-Semca valves P/N Manual.
209xx0xxx0x.
Model FALCON 900EX (including ``F900EX- 21-314, dated September 2008..... Dassault Falcon 900EX-EASy
EASy'' and ``F900DX'') airplanes. Maintenance Manual.
Model FALCON 2000 and FALCON 2000EX 21-314, dated November 2008...... Dassault Falcon 2000 Maintenance
(including ``F2000EX-EASy'') airplanes. Manual.
Model FALCON F2000DX airplanes............. 21-314, dated November 2008...... Dassault Falcon 2000DX
Maintenance Manual.
Model FAN JET FALCON, FAN JET FALCON SERIES 21-31-10, dated October 2008..... Dassault Fan Jet Falcon
C, D, E, F, and G airplanes, MYSTERE- Maintenance Manual.
FALCON 20-C5, 20-D5, 20-E5, and 20-F5
airplanes; equipped with Liebherr or ABG-
Semca valves part number (P/N) 209xx0xxx0x.
Model MYSTERE-FALCON 50 airplanes.......... 21-160, dated January 2010....... Dassault Falcon 50/50EX
Maintenance Manual.
Model MYSTERE-FALCON 200 airplanes......... 051.0, dated December 2008....... Dassault Falcon 200 Maintenance
Manual.
Model MYSTERE-FALCON 900 airplanes......... 21-308, dated October 2008....... Dassault Falcon 900 Maintenance
Manual.
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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.

[[Page 79955]]

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: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Related Information

(i) Refer to MCAI EASA Airworthiness Directive 2008-0072, dated
April 18, 2008, for related information.

Material Incorporated by Reference

(j) None.

Issued in Renton, Washington, on December 10, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-31896 Filed 12-20-10; 8:45 am]
BILLING CODE 4910-13-P