[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Proposed Rules]
[Pages 48021-48024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22576]


-----------------------------------------------------------------------

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 Model Falcon 10 Airplanes; 
Model Fan Jet Falcon 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 900, and Falcon 900EX Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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:

    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.

DATES: We must receive comments on this proposed AD by October 21, 
2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 or 425-227-1152.

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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0072,

[[Page 48022]]

dated April 18, 2008 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The 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, 
possibly resulting in a structural failure in case of combination 
with another pressurization system failure. Consequently, Dassault 
Aviation has developed a repetitive check of this outflow valve 
capsule, which has already been introduced into the Maintenance of 
Components section (chapter 5-20) of the relevant Aircraft 
Maintenance Manuals (AMM).
    For the reason described above, this EASA [European Aviation 
Safety Agency] Airworthiness Directive (AD) requires a repetitive 
check of the outflow valve overpressure capsule, as it will also be 
introduced into the Airworthiness Limitations section (chapter 5-40) 
of the respective AMMs.

    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. Required actions include repetitive 
inspections for overpressure tightness on both regulating valves, and 
replacing the affected valve with a serviceable unit, if necessary. 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 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, 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.
    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 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 $80 
per work-hour. Based on these figures, we estimate the cost of the 
proposed AD on U.S. operators to be $86,560, or $80 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-2009-0864; Directorate Identifier 2008-NM-
202-AD.

Comments Due Date

    (a) We must receive comments by October 21, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Dassault airplanes identified in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category.
    (1) Model Falcon 10 airplanes, Model Fan Jet Falcon 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) Model Mystere-Falcon 200 airplanes, Model Mystere-Falcon 50 
and 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, 
possibly resulting in a structural failure in case of combination 
with another pressurization system failure. Consequently, Dassault 
Aviation has developed a repetitive check of this outflow valve 
capsule, which has already been introduced into the Maintenance of 
Components section (chapter 5-20) of the relevant Aircraft 
Maintenance Manuals (AMM).
    For the reason described above, this EASA [European Aviation 
Safety Agency] Airworthiness Directive (AD) requires a repetitive 
check of the outflow valve

[[Page 48023]]

overpressure capsule, as it will also be introduced into the 
Airworthiness Limitations section (chapter 5-40) of the respective 
AMMs.

The unsafe condition is overpressurization, which can result in 
injury to the occupants and possible structural failure leading to 
the loss of control of the airplane. Required actions include 
repetitive inspections for overpressure tightness on both regulating 
valves, and replacing the affected valve with a serviceable unit, if 
necessary.

Actions and Compliance

    (f) 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 (or its delegated agent).

                                            Table 1--Compliance Times
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
        Affected airplanes             Inspection threshold (whichever occurs     Inspection interval
                                                        later)
----------------------------------------------------------------------------------------------------------------
Fan Jet Falcon, and Mystere-Falcon  Prior to the           Within 1,250 flight    1,250 flight hours.
 20-C5, 20-D5, 20-E5, and 20-F5      accumulation of        hours after the
 equipped with Liebherr or ABG-      1,250 total flight     valve was cleaned in
 Semca valves part number (P/N)      hours on the           accordance with this
 209xx0xxx0x;.                       regulating valve       AD.
Mystere-Falcon 200; and...........   since new.
Falcon 10, equipped with Liebherr
 or ABG-Semca valves P/N
 209xx0xxx0x..
----------------------------------------------------------------------------------------------------------------
Mystere-Falcon 50;................  Prior to the           Within 1,630 flight    1,630 flight hours.
Mystere-Falcon 900; and...........   accumulation of        hours after the
Falcon 900EX (including ``F900EX-    1,630 total flight     valve was cleaned in
 EASy'' and ``F900DX'') Falcon       hours on the           accordance with this
 2000 and Falcon 2000EX (including   regulating valve       AD.
 ``F2000EX-EASy'' and ``F2000DX'').  since new.
----------------------------------------------------------------------------------------------------------------


    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       In maintenance
                                      procedure--          manual--
------------------------------------------------------------------------
Falcon 10, equipped with          21-32-01, dated     Dassault Falcon 10
 Liebherr or ABG-Semca valves P/   July 2007.          Maintenance
 N 209xx0xxx0x.                                        Manual.
Falcon 900EX (including ``F900EX- 21-314, dated       Dassault Falcon
 EASy'' and ``F900DX'').           March 2007.         900EX EASy
                                                       Maintenance
                                                       Manual.
Falcon 2000 and Falcon 2000EX     21-314, dated May   Dassault Falcon
 (including ``F2000EX-EASy'').     2007.               2000EX
                                                       Maintenance
                                                       Manual.
Falcon F2000DX..................  21-314, dated       Dassault Falcon
                                   November 2007.      2000DX
                                                       Maintenance
                                                       Manual.
Fan Jet Falcon, Mystere-Falcon    21-31-10, dated     Dassault Fan Jet
 20-C5, 20-D5, 20-E5, and 20-F5;   October 2007.       Falcon
 equipped with Liebherr or ABG-                        Maintenance
 Semca valves part number (P/N)                        Manual.
 209xx0xxx0x.
Mystere-Falcon 50...............  21-160, dated July  Dassault Falcon 50/
                                   2007.               50EX Maintenance
                                                       Manual.
Mystere-Falcon 200..............  051.0, dated        Dassault Falcon
                                   December 2007.      200 Maintenance
                                                       Manual.
Mystere-Falcon 900..............  21-308, dated       Dassault Falcon
                                   April 2007.         900 Maintenance
                                                       Manual.
------------------------------------------------------------------------

     (2) If any leak is found during any inspection required by 
paragraph (f)(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 the 
MCAI, in paragraph (3) of the compliance section, allows flight 
after leaks are found in accordance with the master minimum 
equipment list (MMEL) provisions, paragraph (f)(2) of this AD 
requires replacing affected valves before further flight.

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 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

[[Page 48024]]

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 2008-0072, dated April 18, 2008, for related information.

    Issued in Renton, Washington, on September 11, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-22576 Filed 9-18-09; 8:45 am]
BILLING CODE 4910-13-P