

[Federal Register: November 13, 2007 (Volume 72, Number 218)]
[Proposed Rules]               
[Page 63829-63831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no07-15]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0182; Directorate Identifier 2007-NM-138-AD]
RIN 2120-AA64

 
Airworthiness Directives; Dassault Model Fan Jet Falcon, Fan Jet 
Falcon Series C, D, E, F, and G Airplanes; Model Mystere-Falcon 200 
Airplanes; and Model Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-F5 
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:

    One occurrence has been reported where a maintenance operation 
had been performed on the elevator controls, and bellcrank * * * 
located in the Right Hand MLG (main landing gear) wheel well was 
mistakenly installed upside down. This discrepancy and improper 
installation caused an unexpected 5[deg] positioning offset of the 
elevator control surfaces leading to a hazardous condition on 
landing, [involving] the pilot being unable to flare the aircraft as 
needed * * * [which resulted in a hard landing].

The unsafe condition is 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 December 13, 
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., 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, 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, FAA, Transport Airplane Directorate, 
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-2007-0182; 
Directorate Identifier 2007-NM-138-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

[[Page 63830]]

substantive verbal contact we receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member State of the European Community, has issued EASA 
Airworthiness Directive 2006-0185, dated July 6, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    One occurrence has been reported where a maintenance operation 
had been performed on the elevator controls, and bellcrank P/N (part 
number) MY20273017 or P/N MY20273017015 located in the Right Hand 
MLG (main landing gear) wheel well was mistakenly installed upside 
down. This discrepancy and improper installation caused an 
unexpected 5[deg] positioning offset of the elevator control 
surfaces leading to a hazardous condition on landing, [involving] 
the pilot being unable to flare the aircraft as needed * * * [which 
resulted in a hard landing].
    The purpose of this AD is to prevent reoccurrence of this kind 
of incident introducing disabusing markings on the incriminated 
parts by applying SB (Service Bulletin) F20-768 or SB F200-122 as 
appropriate.

    The unsafe condition is reduced controllability of the airplane. 
Corrective actions include verifying the correct assembly of the 
elevator bellcrank and re-installing if necessary. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Dassault has issued Service Bulletins F20-768, dated May 23, 2006, 
and F200-122, dated May 23, 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 255 products of U.S. registry. We also estimate that 
it would take about 3 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $9 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 $63,495, or $249 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 (Formerly Avions Marcel Dassault-Breguet Aviation 
(AMD/BA)): Docket No. FAA-2007-0182; Directorate Identifier 2007-NM-
138-AD.

Comments Due Date

    (a) We must receive comments by December 13, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Dassault Model Fan Jet Falcon, Fan 
Jet Falcon series C, D, E, F, and G airplanes; Model Mystere-Falcon 
200 airplanes; and Model Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-
F5 airplanes, all serial numbers, certificated in any category.

Subject

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

Reason

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

    One occurrence has been reported where a maintenance operation 
had been performed on the elevator controls, and bellcrank P/N

[[Page 63831]]

(part number) MY20273017 or P/N MY20273017015 located in the Right 
Hand MLG (main landing gear) wheel well was mistakenly installed 
upside down. This discrepancy and improper installation caused an 
unexpected 5[deg] positioning offset of the elevator control 
surfaces leading to a hazardous condition on landing, [involving] 
the pilot being unable to flare the aircraft as needed * * * [which 
resulted in a hard landing].
    The purpose of this AD is to prevent reoccurrence of this kind 
of incident introducing disabusing markings on the incriminated 
parts by applying SB (Service Bulletin) F20-768 or SB F200-122 as 
appropriate.

The unsafe condition is reduced controllability of the airplane. 
Corrective actions include verifying the correct assembly of the 
elevator bellcrank and re-installing if necessary.

Actions and Compliance

    (f) Within 74 months from the effective date of this AD, unless 
already done, do the following actions.
    (1) Verify the correct assembly of the elevator bellcrank P/N 
(part number) MY20273-17 or P/N MY20273-17-15 at frame 26, as 
instructed in Dassault Service Bulletin F20-768, dated May 23, 2006; 
or Dassault Service Bulletin F200-122, dated May 23, 2006; as 
applicable.
    (2) If the elevator bellcrank is found in the reverse 
orientation, reinstall it prior to next flight in accordance with 
Dassault Service Bulletin F20-768, dated May 23, 2006; or Dassault 
Service Bulletin F200-122, dated May 23, 2006; as applicable.
    (3) Label the elevator bellcrank as instructed in Dassault 
Service Bulletin F20-768, dated May 23, 2006; or Dassault Service 
Bulletin F200-122, dated May 23, 2006; as applicable.

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, FAA, 
Transport Airplane Directorate, 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.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2006-0185, dated July 6, 2006, and Dassault Service 
Bulletins F20-768 and F200-122, both dated May 23, 2006, for related 
information.

    Issued in Renton, Washington, on October 23, 2007.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E7-22102 Filed 11-9-07; 8:45 am]

BILLING CODE 4910-13-P
