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[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Proposed Rules]               
[Page 43878-43881]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy10-23]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0864; Directorate Identifier 2008-NM-202-AD]
RIN 2120-AA64

 
Airworthiness Directives; DASSAULT AVIATION Model Falcon 10 
Airplanes; Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and 
G Airplanes; Model MYSTERE-FALCON 200 Airplanes; Model MYSTERE-FALCON 
20-C5, 20-D5, 20-E5, and 20-F5 Airplanes; Model FALCON 2000 and FALCON 
2000EX Airplanes; and Model MYSTERE-FALCON 50 and MYSTERE-FALCON 900 
Airplanes, and FALCON 900EX Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. 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:

    During maintenance on one aircraft, it was discovered that the 
overpressure capsules were broken on both pressurization valves. 
Failure of the pressurization control regulating valve (overpressure 
capsule) will affect the aircraft's overpressure protection * * *.
* * * * *
The unsafe condition is overpressurization, which can result in injury 
to the occupants and possible structural failure leading to loss of 
control of the airplane. The proposed AD would require actions that are 
intended to address the unsafe condition described in the MCAI.

[[Page 43879]]

DATES: We must receive comments on this proposed AD by August 23, 2010.

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 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-2009-0864; 
Directorate Identifier 2008-NM-202-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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for some 
of the specified products, which was published in the Federal Register 
on September 21, 2009 (74 FR 48021). That earlier NPRM proposed to 
require actions intended to address the unsafe condition for the 
products listed above.
    Since that NPRM was issued, we have determined that Model FAN JET 
FALCON SERIES C, D, E, F, and G airplanes are also subject to the 
identified unsafe condition. We have revised the applicability in this 
supplemental NPRM to include these airplanes.

Comments

    We have considered the following comments received on the earlier 
NPRM.

Request To Extend Compliance Time for Certain Airplanes

    Dassault Aviation (Dassault) requests that we extend the compliance 
times in Table 1 of the earlier NPRM for Model MYSTERE-FALCON 900, 
FALCON 900EX, Model FALCON 2000, and FALCON 2000EX airplanes from 1,630 
flight hours to 1,640 flight hours. Dassault explains that 1,640 flight 
hours is the correct amount of time for the 1,600-flight-hour B-check 
interval and +40-flight-hour tolerance indicated in the ``General'' 
section of each airplane's Chapter 5 Maintenance Schedule. Dassault 
notes that this extended compliance time has been approved by the 
European Aviation Safety Agency.
    We agree, for the reasons provided by the commenter. We have 
revised Table 1 of this supplemental NPRM accordingly.

Request To Include Current Maintenance Procedure

    Dassault requests that we identify the current maintenance 
procedures in the AD. Dassault explains that later versions of the 
maintenance procedures have been created since the earlier NPRM was 
issued. Dassault also suggests that we add the phrase for Table 2 of 
this AD, ``as may be amended from time to time by Dassault Aviation.''
    We partially agree. For the reasons provided by the commenter, we 
agree to identify the current maintenance procedures and have revised 
the Maintenance Procedure column of Table 2 of this supplemental NPRM 
accordingly. We do not agree to add the phrase, ``as may be amended 
from time to time by Dassault Aviation,'' as it contradicts FAA policy. 
We cannot refer to procedures or documents in our AD that do not yet 
exist. Operators may request approval to use a later revision of the 
specified maintenance procedure as an alternative method of compliance 
with the proposed requirements under the provisions of paragraph (h)(1) 
of this supplemental NPRM.

Explanation of Change Made to This Supplemental NPRM

    We have revised this supplemental NPRM to identify the legal name 
of the manufacturer as published in the most recent type certificate 
data sheet for the affected airplane models.

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.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this proposed AD.

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

[[Page 43880]]

policies. Any such differences are highlighted in a Note within the 
proposed AD.

Explanation of Change to Costs of Compliance

    Since issuance of the earlier NPRM, we have increased the labor 
rate used in the Costs of Compliance from $80 per work-hour to $85 per 
work-hour. The Costs of Compliance information, below, reflects this 
increase in the specified hourly labor rate.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 1,082 products of U.S. registry. We also estimate 
that it would take about 1 work-hour per product to comply with the 
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 $91,970, 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, 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-2009-0864; Directorate Identifier 
2008-NM-202-AD.

Comments Due Date

    (a) We must receive comments by August 23, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) DASSAULT AVIATION Model Falcon 10 airplanes, Model FAN JET 
FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes, and Model 
MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes; all serial 
numbers, equipped with Liebherr or ABG-Semca pressurization outflow 
valves.
    (2) DASSAULT AVIATION Model MYSTERE-FALCON 200 airplanes, Model 
MYSTERE-FALCON 50 and MYSTERE-FALCON 900, and FALCON 900EX 
airplanes, and Model FALCON 2000 and FALCON 2000EX airplanes; all 
serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 21: Air 
Conditioning.

Reason

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

    ``During maintenance on one aircraft, it was discovered that the 
overpressure capsules were broken on both pressurization valves. 
Failure of the pressurization control regulating valve (overpressure 
capsule) will affect the aircraft's overpressure protection * * *''.
* * * * *
    The unsafe condition is overpressurization, which can result in 
injury to the occupants and possible structural failure leading to 
loss of control of the airplane.

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.

Inspection and Replacement

    (g) Unless already done, do the following actions
    (1) Within 6 months after the effective date of this AD, or 
before reaching the applicable time in the ``Inspection Threshold'' 
column specified in Table 1 of this AD, whichever occurs later, and 
thereafter at intervals not to exceed the applicable time in the 
``Inspection Interval'' column specified in Table 1 of this AD: 
Inspect for overpressure tightness on both regulating valves using a 
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation 
Safety Agency (EASA) (or its delegated agent).

                                            Table 1--Compliance Times
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
        Affected airplanes           Inspection threshold (whichever occurs           Inspection interval
                                                      later)
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Model FAN JET FALCON, FAN JET      Prior to the          Within 1,250 flight   1,250 flight hours.
 FALCON SERIES C, D, E, F, and G    accumulation of       hours after the
 airplanes, and Model               1,250 total flight    valve was cleaned
 MYSTERE[dash]FALCON 20-C5, 20-     hours on the          in accordance with
 D5, 20-E5, and 20-F5 airplanes     regulating valve      this AD.
 equipped with Liebherr or ABG-     since new.
 Semca valves part number (P/N)
 209xx0xxx0x;
Model MYSTERE[dash]FALCON 200
 airplanes;

[[Page 43881]]

Model Falcon 10 airplanes,
 equipped with Liebherr or ABG-
 Semca valves P/N 209xx0xxx0x.
Model MYSTERE[dash]FALCON 50       Prior to the          Within 1,630 flight   1,630 flight hours.
 airplanes.                         accumulation of       hours after the
                                    1,630 total flight    valve was cleaned
                                    hours on the          in accordance with
                                    regulating valve      this AD.
                                    since new.
Model MYSTERE[dash]FALCON 900,     Prior to the          Within 1,640 flight   1,640 flight hours.
 FALCON 900EX (including ``F900EX-  accumulation of       hours after the
 EASy'' and ``F900DX''), Model      1,640 total flight    valve was cleaned
 FALCON 2000, and FALCON 2000EX     hours on the          in accordance with
 (including ``F2000EX-EASy'' and    regulating valve      this AD.
 ``F2000DX'') airplanes.            since new.
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    Note 1: Guidance on inspecting for overpressure tightness on 
both regulating valves can be found in the applicable airplane 
maintenance manual identified in Table 2 of this AD.

                                      Table 2--Maintenance Manual Guidance
----------------------------------------------------------------------------------------------------------------
                                         See Dassault
     For affected airplanes--      maintenance procedure--                 In maintenance manual--
----------------------------------------------------------------------------------------------------------------
Model Falcon 10 airplanes,         21-32-01, dated July     Dassault Falcon 10 Maintenance Manual.
 equipped with Liebherr or ABG-     2009.
 Semca valves P/N 209xx0xxx0x.
Model FALCON 900EX (including      21-314, dated September  Dassault Falcon 900EX EASy Maintenance Manual.
 ``F900EX-EASy'' and ``F900DX'')    2008.
 airplanes.
Model FALCON 2000 and FALCON       21-314, dated November   Dassault Falcon 2000 Maintenance Manual.
 2000EX (including ``F2000EX-       2008.
 EASy'') airplanes.
Model FALCON F2000DX airplanes...  21-314, dated November   Dassault Falcon 2000DX Maintenance Manual.
                                    2008.
Model FAN JET FALCON, FAN JET
 FALCON SERIES C, D, E, F, and G
 airplanes,.
MYSTERE-FALCON 20-C5, 20-D5,.....  21-31-10, dated October  Dassault Fan Jet Falcon Maintenance Manual.
20-E5, and 20-F5 airplanes;         2008.
 equipped with Liebherr or ABG-
 Semca valves part number (P/N)
 209xx0xxx0x.
Model MYSTERE-FALCON 50 airplanes  21-160, dated January    Dassault Falcon 50/50EX Maintenance Manual.
                                    2009.
Model MYSTERE-FALCON 200           051.0, dated December    Dassault Falcon 200 Maintenance Manual.
 airplanes.                         2008.
Model MYSTERE-FALCON 900           21-308, dated October    Dassault Falcon 900 Maintenance Manual.
 airplanes.                         2008.
----------------------------------------------------------------------------------------------------------------

     (2) If any leak is found during any inspection required by 
paragraph (g)(1) of this AD, before further flight, replace the 
affected valve with a serviceable unit, using a method approved by 
either the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the EASA (or its delegated agent).

    Note 2:  Guidance on replacing regulating valves can be found in 
the applicable airplane maintenance manual identified in Table 2 of 
this AD.

FAA AD Differences

    Note 3: This AD differs from the MCAI as follows: Although 
paragraph (3) of the compliance section of the MCAI allows flight in 
accordance with the master minimum equipment list (MMEL) provisions 
after leaks are found, paragraph (g)(2) of this AD requires 
replacing affected valves before further flight.

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, 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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), 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 EASA Airworthiness Directive 2008-0072, dated 
April 18, 2008, for related information.

    Issued in Renton, Washington, on July 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-18292 Filed 7-26-10; 8:45 am]
BILLING CODE 4910-13-P
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