

[Federal Register: December 10, 2007 (Volume 72, Number 236)]
[Rules and Regulations]               
[Page 69608-69610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de07-18]                         


[[Page 69608]]

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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; 
Amendment 39-15292; AD 2007-25-10]
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), 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:

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

DATES: This AD becomes effective January 14, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 14, 
2008.

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 notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on September 13, 2007 
(72 FR 52311). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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

[[Page 69609]]

    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, Incorporation by 
reference, 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:

2007-25-10 Dassault Aviation: Amendment 39-15292.
    Docket No. FAA-2007-29175; Directorate Identifier 2007-NM-134-
AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
14, 2008.

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
----------------------------------------------------------------------------------------------------------------
             Airplane model                      Service Bulletin                          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.
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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.

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.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 2 of 
this AD to do the

[[Page 69610]]

actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 
07606.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.


              Table 2.--Material Incorporated by Reference
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       Dassault Service Bulletin                       Date
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F50-468................................  March 29, 2006.
F900-367...............................  March 29, 2006.
F900EX-269.............................  March 29, 2006.
F2000-326..............................  March 29, 2006.
F2000EX-83.............................  March 29, 2006.
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    Issued in Renton, Washington, on November 23, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-23638 Filed 12-7-07; 8:45 am]

BILLING CODE 4910-13-P
