

[Federal Register: September 13, 2007 (Volume 72, Number 177)]
[Proposed Rules]               
[Page 52311-52314]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se07-12]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29175; Directorate Identifier 2007-NM-134-AD]
RIN 2120-AA64

 
Airworthiness Directives; Dassault Model Mystere-Falcon 50, 
Mystere-Falcon 900, Falcon 900EX, Falcon 2000, and Falcon 2000EX 
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:

    A rotating rod in the trailing edge flap control linkage broke 
in flight. Investigations revealed that the rotating rod had been 
installed in the wrong side during a maintenance operation. This 
incorrect installation caused a contact between the rotating rod and 
its retaining bracket leading, after some time in operation, to the 
rod breakage and flap asymmetry situation.
    The consequence on the airplane of the flap asymmetry combined 
with a latent failure of the asymmetry detection system is 
classified as a catastrophic failure condition.

The unsafe condition is failure of the rotating rod in the control 
linkage of the trailing edge flap and consequent flap asymmetry during 
the approach to landing, which could result in reduced controllability 
of the airplane. 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 October 15, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 

the instructions for sending your comments electronically.
     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: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE.,

[[Page 52312]]

Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.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, 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-2007-
29175; Directorate Identifier 2007-NM-134-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://dms.dot.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 2006-0115, dated May 10, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    A rotating rod in the trailing edge flap control linkage broke 
in flight. Investigations revealed that the rotating rod had been 
installed in the wrong side during a maintenance operation. This 
incorrect installation caused a contact between the rotating rod and 
its retaining bracket leading, after some time in operation, to the 
rod breakage and flap asymmetry situation.
    The consequence on the airplane of the flap asymmetry combined 
with a latent failure of the asymmetry detection system is 
classified as a catastrophic failure condition.

The unsafe condition is failure of the rotating rod in the control 
linkage of the trailing edge flap and consequent flap asymmetry during 
the approach to landing, which could result in reduced controllability 
of the airplane. The corrective actions include the following: 
Verifying the correct assembly of the flap rotating rods and associated 
brackets and installing the rod and bracket with correct orientation/
positioning if necessary; and inspecting the rod for damage and 
replacing the rod if any damage is found. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Dassault has issued the following service information:

------------------------------------------------------------------------
                                   Service
        Airplane model           Bulletin No.             Date
------------------------------------------------------------------------
Mystere-Falcon 50............  F50-468........  March 29, 2006.
Mystere-Falcon 900...........  F900-367.......  March 29, 2006.
Falcon 900EX.................  F900EX-269.....  March 29, 2006.
Falcon 2000..................  F2000-326......  March 29, 2006.
Falcon 2000EX................  F2000EX-83.....  March 29, 2006.
------------------------------------------------------------------------

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 739 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $118,240, or $160 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

[[Page 52313]]

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-2007-29175; Directorate Identifier 
2007-NM-134-AD.

Comments Due Date

    (a) We must receive comments by October 15, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD; certificated in any 
category.
    (1) Dassault Model Mystere-Falcon 50 airplanes on which Dassault 
Modification M2996 has not been implemented.
    (2) Dassault Model Mystere-Falcon 900 airplanes on which 
Dassault Modification M5007 has not been implemented.
    (3) Dassault Model Falcon 900EX airplanes on which Dassault 
Modification M5007 has not been implemented (including serial number 
601 and subsequent, also known as ``DX'' airplanes).
    (4) Dassault Model Falcon 2000 and Falcon 2000EX airplanes on 
which Dassault Modification M2465 has not been implemented.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    A rotating rod in the trailing edge flap control linkage broke 
in flight. Investigations revealed that the rotating rod had been 
installed in the wrong side during a maintenance operation. This 
incorrect installation caused a contact between the rotating rod and 
its retaining bracket leading, after some time in operation, to the 
rod breakage and flap asymmetry situation.
    The consequence on the airplane of the flap asymmetry combined 
with a latent failure of the asymmetry detection system is 
classified as a catastrophic failure condition.

The unsafe condition is failure of the rotating rod in the control 
linkage of the trailing edge flap and consequent flap asymmetry 
during the approach to landing, which could result in reduced 
controllability of the airplane. The corrective actions include the 
following: Verifying the correct assembly of the flap rotating rods 
and associated brackets and installing the rod and bracket with 
correct orientation/positioning if necessary; and inspecting the rod 
for damage and replacing the rod if any damage is found.

Actions and Compliance

    (f) Unless already done, within 330 flight hours or 7 months 
after the effective date of this AD, whichever occurs first, do the 
following actions.
    (1) Verify the correct assembly of the flap rotating rods and 
associated retaining brackets installed in the LH (left-hand)/RH 
(right-hand) wing root compartment and in the LH and RH main landing 
gear compartment and inspect the rod for damage, in accordance with 
the applicable Dassault Service Bulletin given in Table 1 of this 
AD.
    (2) If a rod is found damaged, replace this rod prior to next 
flight in accordance with the applicable Dassault Service Bulletin 
given in Table 1 of this AD. If the rod orientation or bracket 
positioning is not correct, correct the orientation or positioning, 
as applicable, prior to next flight in accordance with the 
applicable Dassault Service Bulletin given in Table 1 of this AD.
    (3) Label the rods and associated retaining brackets in 
accordance with the applicable Dassault Service Bulletin given in 
Table 1 of this AD.

                  Table 1.--Dassault Service Bulletins
------------------------------------------------------------------------
                                   Service
        Airplane Model           Bulletin No.             Date
------------------------------------------------------------------------
Mystere-Falcon 50............  F50-468........  March 29, 2006.
Mystere-Falcon 900...........  F900-367.......  March 29, 2006.
Falcon 900EX.................  F900EX-269.....  March 29, 2006.
Falcon 2000..................  F2000-326......  March 29, 2006.
Falcon 2000EX................  F2000EX-83.....  March 29, 2006.
------------------------------------------------------------------------

FAA AD Differences

    Note: 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:
    (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 inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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.

[[Page 52314]]

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2006-0115, dated May 10, 2006; and the Dassault Service 
Bulletins listed in Table 1 of this AD, for related information.

    Issued in Renton, Washington, on August 31, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-18045 Filed 9-12-07; 8:45 am]

BILLING CODE 4910-13-P
