
[Federal Register: March 31, 2008 (Volume 73, Number 62)]
[Proposed Rules]
[Page 16784-16787]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr08-24]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0365; Directorate Identifier 2007-NM-274-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Myst[egrave]re-Falcon
900 and Falcon 900EX 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:

    This Airworthiness Directive (AD) is issued following the
discovery of a potential chafing between the feeder bundle and the
right side partition wall separating the cabin from the lavatory at
frames 22/23. This chafing may damage the feeder bundle and cause a
sustained smoke-generating short-circuit between the feeder and the
partition

[[Page 16785]]

wall made of resistive composite material. Strong smoke and a
difficult-to-localize short-circuit may result in a hazardous
situation.

The unsafe condition is sustained smoke in the cabin, which may lead to
reduced ability of the flightcrew to operate 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 April 30, 2008.

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.

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, 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-2008-0365;
Directorate Identifier 2007-NM-274-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 2006-0270, dated September 4, 2006 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    This Airworthiness Directive (AD) is issued following the
discovery of a potential chafing between the feeder bundle and the
right side partition wall separating the cabin from the lavatory at
frames 22/23. This chafing may damage the feeder bundle and cause a
sustained smoke-generating short-circuit between the feeder and the
partition wall made of resistive composite material. Strong smoke
and a difficult-to-localize short-circuit may result in a hazardous
situation.

    The unsafe condition is sustained smoke in the cabin, which may
lead to reduced ability of the flightcrew to operate the airplane.
Corrective actions include inspecting for damage of the feeder cables,
repairing any damaged feeder cable, installing a protective Teflon tube
over the feeder cable bundle, and modifying the partition wall. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Dassault has issued the service information described in the
following table.

                                          Dassault Service Information
----------------------------------------------------------------------------------------------------------------
                                                                          Revision
           Airplane model                     Service Bulletin             level                Dated
----------------------------------------------------------------------------------------------------------------
Falcon 900EX.......................  F900EX-241.......................            1  July 19, 2006.
Falcon 900EX.......................  F900EX-251.......................            1  July 19, 2006.
Myst[egrave]re-Falcon 900..........  F900-358.........................            1  July 19, 2006.
Myst[egrave]re-Falcon 900..........  F900-359.........................            1  July 19, 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 38 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

[[Page 16786]]

rate is $80 per work-hour. Required parts would cost about $34 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 $10,412, or $274 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: Docket No. FAA-2008-0365; Directorate Identifier
2007-NM-274-AD.

Comments Due Date

    (a) We must receive comments by April 30, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Dassault airplanes described in
paragraphs (c)(1) and (c)(2) of this AD, certificated in any
category.
    (1) Model Myst[egrave]re-Falcon 900 airplanes, serial numbers
188 through 202 inclusive, except those on which both Dassault
Service Bulletins F900-358 and F900-359 have already been
implemented, or Modification M3891 has already been implemented.
    (2) Model Falcon 900EX airplanes, serial numbers 82 through 146
inclusive, except those on which both Dassault Service Bulletins
F900EX-241 and F900EX-251 have already been implemented, or
Modification M3891 has already been implemented.

Subject

    (d) Air Transport Association (ATA) of America Code 24:
Electrical Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    This Airworthiness Directive (AD) is issued following the
discovery of a potential chafing between the feeder bundle and the
right side partition wall separating the cabin from the lavatory at
frames 22/23. This chafing may damage the feeder bundle and cause a
sustained smoke-generating short-circuit between the feeder and the
partition wall made of resistive composite material. Strong smoke
and a difficult-to-localize short-circuit may result in a hazardous
situation.
The unsafe condition is sustained smoke in the cabin, which may lead
to reduced ability of the flightcrew to operate the airplane.
Corrective actions include inspecting for damage of the feeder
cables, repairing any damaged feeder cable, installing a protective
Teflon tube over the feeder cable bundle, and modifying the
partition wall.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For Model Myst[egrave]re-Falcon 900 airplanes: Do the
actions specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Within 330 flight hours or 7 months after the effective date
of this AD, whichever occurs first, inspect for damage of the feeder
cable bundle at the right side partition wall at frames 22/23, and,
if no damage of any feeder cable is found, before further flight,
install a protective Teflon tube over the feeder cable bundle; in
accordance with the Accomplishment Instructions of Dassault Service
Bulletin F900-358, Revision 1, dated July 19, 2006. If chafing or
damage of any feeder cable is found, before further flight, repair
the feeder cable in accordance with the Accomplishment Instructions
of Dassault Service Bulletin F900-359, Revision 1, dated July 19,
2006; and install a protective Teflon tube over the feeder cable
bundle in accordance with Dassault Service Bulletin F900-359,
Revision 1, or Dassault Service Bulletin F900-358, Revision 1.
    (ii) Within 3,750 flight cycles or 74 months after the effective
date of this AD, whichever occurs first, modify the right side
partition wall at frames 22/23; in accordance with the
Accomplishment Instructions of Dassault Service Bulletin F900-359,
Revision 1, dated July 19, 2006. Implementation of both Dassault
Service Bulletin F900-358 and Dassault Service Bulletin F900-359,
both Revision 1, both dated July 19, 2006, terminates the
requirements of this AD for Model Myst[egrave]re-Falcon 900
airplanes.
    (2) For Model Falcon 900EX airplanes: Do the actions specified
in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD.
    (i) Within 330 flight hours or 7 months after the effective date
of this AD, whichever occurs first, inspect for damage of the feeder
cable bundle at the right side partition wall at frames 22/23, and,
if no such damage of any feeder cable is found, before further
flight, install a protective Teflon tube over the feeder cable
bundle; in accordance with the Accomplishment Instructions of
Dassault Service Bulletin F900EX-241, Revision 1, dated July 19,
2006. If any damage of any feeder cable is found, before further
flight, repair the feeder cable in accordance with the
Accomplishment Instructions of Dassault Service Bulletin F900EX-251,
Revision 1, dated July 19, 2006; and install a protective Teflon
tube over the feeder cable bundle in accordance with Dassault
Service Bulletin F900EX-251, Revision 1, or Dassault Service
Bulletin F900EX-241, Revision 1.
    (ii) Within 3,750 flight cycles or 74 months after the effective
date of this AD, whichever occurs first, modify the right side
partition wall at frames 22/23, in accordance with the
Accomplishment Instructions of Dassault Service Bulletin F900EX-251,
Revision 1, dated July 19, 2006. Implementation of both Dassault
Service Bulletin F900EX-241 and Dassault Service Bulletin F900EX-
251, both Revision 1, both dated July 19, 2006, terminates the
requirements of this AD for Model Falcon 900EX airplanes.

[[Page 16787]]

Actions Accomplished According to Previous Issue of Service Bulletin

    (g) Actions accomplished before the effective date of this AD,
in accordance with the service information described in Table 1 of
this AD, are considered acceptable for compliance with the
corresponding actions specified in this AD.

                                     Table 1.--Previous Service Information
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              Airplane model                      Dassault Service Bulletin                     Dated
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Falcon 900EX.............................  F900EX-241.............................  October 19, 2005.
Falcon 900EX.............................  F900EX-251.............................  October 19, 2005.
Myst[egrave]re-Falcon 900................  F900-358...............................  October 19, 2005.
Myst[egrave]re-Falcon 900................  F900-359...............................  October 19, 2005.
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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

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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

    (i) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2006-0270, dated September 4, 2006, and the
service bulletins described in Table 2 of this AD, for related
information.

                 Table 2.--Dassault Service Information
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                                       Revision
          Service  Bulletin             level             Dated
------------------------------------------------------------------------
F900EX-241..........................          1  July 19, 2006.
F900EX-251..........................          1  July 19, 2006.
F900-358............................          1  July 19, 2006.
F900-359............................          1  July 19, 2006.
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    Issued in Renton, Washington, on March 21, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-6522 Filed 3-28-08; 8:45 am]

BILLING CODE 4910-13-P
