Federal Register, Volume 76 Issue 32 (Wednesday, February 16, 2011)

[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Proposed Rules]
[Pages 8919-8921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3532]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0042; Directorate Identifier 2010-NM-267-AD]
RIN 2120-AA64

Airworthiness Directives; DASSAULT AVIATION Model MYSTERE-FALCON
50 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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:

On two occurrences on Myst[egrave]re-Falcon 50 aeroplanes in
service, it was detected that two pipes of the emergency brake
system 2 located near the nose landing gear bearing were
swapped.
The swapping of these two pipes implies that when the Left Hand
(LH) brake pedal is depressed, the Right Hand (RH) brake unit is
activated, and conversely, when the RH brake pedal is depressed, the
LH brake unit is actuated. This constitutes an unsafe condition,
which may go unnoticed as the condition is latent until the
emergency brake system 2 is used. This condition, if not
corrected, could ultimately lead to a runway excursion of the
aeroplane.

* * * * *
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 April 4, 2011.

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

[[Page 8920]]

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-2011-0042;
Directorate Identifier 2010-NM-267-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 November 15, 2010, we issued AD 2010-24-08, Amendment 39-16527
(75 FR 71530, November 24, 2010). That AD required actions intended to
address an unsafe condition on Model MYSTERE-FALCON 50 Airplanes.
In AD 2010-24-08, we pointed out that the corresponding EASA AD, AD
2010-0208-E, dated October 12, 2010, requires painting the pipes end of
the emergency brake system number 2 and related unions within 7 months
after the effective date of that AD. We explained that AD 2010-24-08
did not require that action, and that we might consider additional
rulemaking to require this action in the future. We have determined
that further rulemaking is indeed necessary to require that action, and
this AD follows from that determination.
You may obtain further information by examining the MCAI in the AD
docket.

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.

Costs of Compliance

Based on the service information, we estimate that this proposed AD
would affect about 248 products of U.S. registry.
The actions that are required by AD 2010-24-08 and retained in this
proposed AD take about 2 work-hours per product, at an average labor
rate of $85 per work hour. Based on these figures, the estimated cost
of the currently required actions is $170 per product.
We estimate that it would take about 1 work-hour per product to
comply with the new 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 $21,080, 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, Incorporation by
reference, 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 39-16527 (75 FR
71530, November 24, 2010) and adding the following new AD:

Dassault Aviation: Docket No. FAA-2011-0042; Directorate Identifier
2010-NM-267-AD.

Comments Due Date

(a) We must receive comments by April 4, 2011.

Affected ADs

(b) This AD supersedes AD 2010-24-08, Amendment 39-16527.

[[Page 8921]]

Applicability

(c) This AD applies to DASSAULT AVIATION Model MYSTERE-FALCON 50
airplanes, certificated in any category, all serial numbers.

Subject

(d) Air Transport Association (ATA) of America Code 32: Landing
Gear.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:

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.

Restatement of Requirements of AD 2010-24-08

Actions

(g) Within 7 days after December 9, 2010 (the effective date of
AD 2010-24-08), do a general visual inspection for correct
installation (as defined in Dassault Service Bulletin F50-515, dated
October 12, 2010) of the emergency brake system number 2, in
accordance with the Accomplishment Instructions of Dassault Service
Bulletin F50-515, dated October 12, 2010, except that work required
by this AD can only be done by persons prescribed in 14 CFR 43.3 and
43.7.
(h) If the emergency brake system number 2 is found installed
incorrectly during the inspection required by paragraph (g) of this
AD: Before further flight, install the emergency brake system number
2 correctly, in accordance with the Accomplishment Instructions of
Dassault Service Bulletin F50-515, dated October 12, 2010.

New Requirements of This AD

(i) Within 7 months after the effective date of this AD, paint
the pipe ends of the emergency brake system 2 and related
unions, in accordance with paragraph 2.C. of the Accomplishment
Instructions of Dassault Service Bulletin F50-515, dated October 12,
2010.

FAA AD Differences

Note 1: This AD differs from the MCAI and/or service
information as follows:
(1) European Aviation Safety Agency (EASA) AD 2010-0208-E, dated
October 12, 2010, has a compliance time of ``before the next flight
after the effective date of this AD.'' This AD requires that the
actions be done within 7 days after the effective date of AD 2010-
24-08.
(2) EASA AD 2010-0208-E, dated October 12, 2010, allows the
flightcrew to inspect the emergency brake system number 2 specified
in accordance with Dassault Service Bulletin F50-515, dated October
12, 2010. However, this AD requires the inspection to be performed
by certificated maintenance personnel.

Other FAA AD Provisions

(j) 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. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it 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, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding 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.

Related Information

(k) Refer to MCAI EASA AD 2010-0208-E, dated October 12, 2010;
and Dassault Service Bulletin F50-515, dated October 12, 2010; for
related information.
Issued in Renton, Washington, on February 7, 2011.

Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-3532 Filed 2-15-11; 8:45 am]
BILLING CODE 4910-13-P