
[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Proposed Rules]
[Pages 8919-8921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3532]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0042; Directorate Identifier 2010-NM-267-AD]
RIN 2120-AA64


Airworthiness Directives; DASSAULT AVIATION Model MYSTERE-FALCON 
50 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 that would supersede an existing AD. 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:

    On two occurrences on Myst[egrave]re-Falcon 50 aeroplanes in 
service, it was detected that two pipes of the emergency brake 
system 2 located near the nose landing gear bearing were 
swapped.
    The swapping of these two pipes implies that when the Left Hand 
(LH) brake pedal is depressed, the Right Hand (RH) brake unit is 
activated, and conversely, when the RH brake pedal is depressed, the 
LH brake unit is actuated. This constitutes an unsafe condition, 
which may go unnoticed as the condition is latent until the 
emergency brake system 2 is used. This condition, if not 
corrected, could ultimately lead to a runway excursion of the 
aeroplane.

* * * * *
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 4, 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 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

[[Page 8920]]

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-2011-0042; 
Directorate Identifier 2010-NM-267-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

    On November 15, 2010, we issued AD 2010-24-08, Amendment 39-16527 
(75 FR 71530, November 24, 2010). That AD required actions intended to 
address an unsafe condition on Model MYSTERE-FALCON 50 Airplanes.
    In AD 2010-24-08, we pointed out that the corresponding EASA AD, AD 
2010-0208-E, dated October 12, 2010, requires painting the pipes end of 
the emergency brake system number 2 and related unions within 7 months 
after the effective date of that AD. We explained that AD 2010-24-08 
did not require that action, and that we might consider additional 
rulemaking to require this action in the future. We have determined 
that further rulemaking is indeed necessary to require that action, and 
this AD follows from that determination.
    You may obtain further information by examining the MCAI in the AD 
docket.

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 248 products of U.S. registry.
    The actions that are required by AD 2010-24-08 and retained in this 
proposed AD take about 2 work-hours per product, at an average labor 
rate of $85 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $170 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $21,080, or $85 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, 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 removing Amendment 39-16527 (75 FR 
71530, November 24, 2010) and adding the following new AD:

Dassault Aviation: Docket No. FAA-2011-0042; Directorate Identifier 
2010-NM-267-AD.

Comments Due Date

    (a) We must receive comments by April 4, 2011.

Affected ADs

    (b) This AD supersedes AD 2010-24-08, Amendment 39-16527.

[[Page 8921]]

Applicability

    (c) This AD applies to DASSAULT AVIATION Model MYSTERE-FALCON 50 
airplanes, certificated in any category, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

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

    On two occurrences on Myst[egrave]re-Falcon 50 aeroplanes in 
service, it was detected that two pipes of the emergency brake 
system 2 located near the nose landing gear bearing were 
swapped.
    The swapping of these two pipes implies that when the Left Hand 
(LH) brake pedal is depressed, the Right Hand (RH) brake unit is 
activated, and conversely, when the RH brake pedal is depressed, the 
LH brake unit is actuated. This constitutes an unsafe condition, 
which may go unnoticed as the condition is latent until the 
emergency brake system 2 is used. This condition, if not 
corrected, could ultimately lead to a runway excursion of the 
aeroplane.

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.

Restatement of Requirements of AD 2010-24-08

Actions

    (g) Within 7 days after December 9, 2010 (the effective date of 
AD 2010-24-08), do a general visual inspection for correct 
installation (as defined in Dassault Service Bulletin F50-515, dated 
October 12, 2010) of the emergency brake system number 2, in 
accordance with the Accomplishment Instructions of Dassault Service 
Bulletin F50-515, dated October 12, 2010, except that work required 
by this AD can only be done by persons prescribed in 14 CFR 43.3 and 
43.7.
    (h) If the emergency brake system number 2 is found installed 
incorrectly during the inspection required by paragraph (g) of this 
AD: Before further flight, install the emergency brake system number 
2 correctly, in accordance with the Accomplishment Instructions of 
Dassault Service Bulletin F50-515, dated October 12, 2010.

New Requirements of This AD

    (i) Within 7 months after the effective date of this AD, paint 
the pipe ends of the emergency brake system 2 and related 
unions, in accordance with paragraph 2.C. of the Accomplishment 
Instructions of Dassault Service Bulletin F50-515, dated October 12, 
2010.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows:
    (1) European Aviation Safety Agency (EASA) AD 2010-0208-E, dated 
October 12, 2010, has a compliance time of ``before the next flight 
after the effective date of this AD.'' This AD requires that the 
actions be done within 7 days after the effective date of AD 2010-
24-08.
    (2) EASA AD 2010-0208-E, dated October 12, 2010, allows the 
flightcrew to inspect the emergency brake system number 2 specified 
in accordance with Dassault Service Bulletin F50-515, dated October 
12, 2010. However, this AD requires the inspection to be performed 
by certificated maintenance personnel.

Other FAA AD Provisions

    (j) 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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it 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

    (k) Refer to MCAI EASA AD 2010-0208-E, dated October 12, 2010; 
and Dassault Service Bulletin F50-515, dated October 12, 2010; for 
related information.
    Issued in Renton, Washington, on February 7, 2011.

Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-3532 Filed 2-15-11; 8:45 am]
BILLING CODE 4910-13-P


