Federal Register, Volume 76 Issue 45 (Tuesday, March 8, 2011)

[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Proposed Rules]
[Pages 12624-12627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5165]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0152; Directorate Identifier 2010-NM-079-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault-Aviation Model FALCON 7X
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. 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:

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 22, 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

[[Page 12625]]

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-2011-0152;
Directorate Identifier 2010-NM-079-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

The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0029R1, dated November 25, 2010 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

On some Falcon 7X aeroplanes, it has been determined potential
low clearance between electrical wiring or hydraulic pipe and nearby
structure.
Although no in service incident has been reported, there is no
certainty that the minimum clearances would be maintained over time.
In the worst case, interference or contact with structure might
occur and lead to electrical short circuits or fluid leakage,
potentially resulting in loss of several functions essential for
safe flight.
Dassault Aviation has developed two Service Bulletins (SB) that
provide corrective actions to ensure the minimum required clearance,
as well as adequate protection between hydraulic pipe (SB n[deg] 0
92) and electrical wiring (SB n[deg] 006) and the aeroplane
structure.
This AD requires the implementation of both SBs on the affected
aeroplanes.
Since issuance of EASA AD 2010-0029, Dassault Aviation has
developed modifications M1036 and M1037. M1036 is equivalent to
M1007 while M1037 is equivalent to M1020. These modifications are
embodied during production on new aeroplanes.
This [EASA] AD has been revised to exclude from the AD
applicability the aeroplanes on which those modifications are
embodied.

Required actions include general visual inspections for damage of
wiring bundles and feeders. Damage includes, but is not limited to:
signs of overheat, discoloration, or damaged and cut strands on the
cables and insulating sleeves. Corrective actions for damage of wiring
bundles and feeders include repairing damage. Other required actions
include modifying the applicable wiring and layout, a general visual
inspection for absence of marks of the rear tank wall at the contact
area, installing a protective plate on the rear tank wall, and
installing a hydraulic pipe if necessary. If contact marks are found,
required actions include an eddy current inspection or a penetrant
inspection for cracks, and repair if necessary. You may obtain further
information by examining the MCAI in the AD docket.

Relevant Service Information

Dassault has issued Mandatory Service Bulletin 7X-006, Revision 1,
dated March 3, 2010; and Mandatory Service Bulletin 7X-092, Revision 1,
dated January 4, 2010. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

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 21 products of U.S. registry. We also estimate that
it would take about 65 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $116,025, or $5,525 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

[[Page 12626]]

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 adding the following new AD:

Dassault-Aviation: Docket No. FAA-2011-0152; Directorate Identifier
2010-NM-079-AD.

Comments Due Date

(a) We must receive comments by April 22, 2011.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Dassault-Aviation Model FALCON 7X
airplanes, certificated in any category; having serial numbers 2
through 22 inclusive, 24 through 26 inclusive, 29, 30, 32 and
subsequent; except those on which modifications M964, M937, M976,
M1007 or M1036, M1020 or M1037, and M1022 have all been implemented.

Subject

(d) Air Transport Association (ATA) of America Code 20: Air
Frame Wiring; and ATA Code 29: Hydraulic Power.

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.

Inspections and Modification of Wiring and Rear Fuel Tank Panel

(g) Within 10 months or 650 flight hours after the effective
date of this AD, whichever occurs first, do the actions specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
(1) Do a general visual inspection for damage of wiring bundles
and feeders, in accordance with the Accomplishment Instructions of
Dassault Mandatory Service Bulletin 7X-006, Revision 1, dated March
3, 2010. If any damage is found, before further flight, repair, in
accordance with Dassault Mandatory Service Bulletin 7X-006, Revision
1, dated March 3, 2010.
(2) Modify the applicable wiring and layout, in accordance with
the Accomplishment Instructions of Dassault Mandatory Service
Bulletin 7X-006, Revision 1, dated March 3, 2010.
(3) Do a general visual inspection for absence of marks on the
rear tank wall at the contact area, in accordance with the
Accomplishment Instructions of Dassault Mandatory Service Bulletin
7X-092, Revision 1, dated January 4, 2010.
(i) If no contact marks are found during the inspection required
by paragraph (g)(3) of this AD, before further flight, modify the
protective plate, and install a hydraulic pipe as applicable, in
accordance with the Accomplishment Instructions of Dassault
Mandatory Service Bulletin 7X-092, Revision 1, dated January 4,
2010.
(ii) If any contact marks are found during the inspection
required by paragraph (g)(3) of this AD, before further flight, do
either an eddy current inspection for cracks or a penetrant
inspection for cracks, in accordance with the Accomplishment
Instructions of Dassault Mandatory Service Bulletin 7X-092, Revision
1, dated January 4, 2010.
(A) If no crack is detected during any inspection required by
paragraph (g)(3)(ii) of this AD, before further flight, do paragraph
(g)(3)(i) of this AD.
(B) If any crack is detected during any inspection required in
paragraph (g)(3)(ii) of this AD, before further flight, repair the
crack 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); and
modify the protective plate, and install a hydraulic pipe as
applicable, in accordance with the Accomplishment Instructions of
Dassault Mandatory Service Bulletin 7X-092, Revision 1, dated
January 4, 2010.

Credit for Actions Accomplished in Accordance With Previous Service
Information

(h) Doing a general visual inspection for damage, repairing
wiring bundles and feeders, and modifying the applicable wiring and
layout, in accordance with Dassault Mandatory Service Bulletin 7X-
006, dated December 18, 2009; and doing a general visual inspection
for absence of marks on the rear tank wall at the contact area,
modifying the protective plate, installing a hydraulic pipe as
applicable, and doing either an eddy current inspection for cracks
or a penetrant inspection for cracks, in accordance with Dassault
Mandatory Service Bulletin 7X-092, dated July 17, 2009; before the
effective date of this AD is acceptable for compliance with the
corresponding actions required by paragraphs (g)(1), (g)(2), and
(g)(3) 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

(i) 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, 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

(j) Refer to MCAI EASA Airworthiness Directive 2010-0029R1,
dated November 25,

[[Page 12627]]

2010; Dassault Mandatory Service Bulletin 7X-006, Revision 1, dated
March 3, 2010; and Dassault Mandatory Service Bulletin 7X-092,
Revision 1, dated January 4, 2010; for related information.

Issued in Renton, Washington, on February 22, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5165 Filed 3-7-11; 8:45 am]
BILLING CODE 4910-13-P