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[Federal Register: February 12, 2010 (Volume 75, Number 29)]
[Rules and Regulations]               
[Page 6854-6857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe10-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0994; Directorate Identifier 2009-NM-108-AD; 
Amendment 39-16194; AD 2010-04-01]
RIN 2120-AA64

 
Airworthiness Directives; Dassault-Aviation Model Falcon 900EX 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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[[Page 6855]]

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 quality control performed during completion of one Falcon 
900EX aeroplane has shown that the crew and passenger Right-Hand 
(RH) oxygen lines may both interfere with the frame 8 of the 
aeroplane structure. A subsequent design review of the oxygen lines 
routing has confirmed that, on certain aeroplanes, equipped in RH 
mid-cabin with a 115 cu-ft oxygen cylinder, the installation of the 
line support assembly at frame 8 needs to be accomplished with 
precaution; otherwise, the oxygen lines might interfere with the 
structure, and this condition could lead to an oxygen leak.
* * * * *
The unsafe condition is an oxygen leak, which would result in 
insufficient oxygen flow to passenger oxygen masks during a 
depressurization event. We are issuing this AD to require actions to 
correct the unsafe condition on these products.

DATES: This AD becomes effective March 19, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 19, 
2010.

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 October 28, 2009 (74 
FR 55488). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    A quality control performed during completion of one Falcon 
900EX aeroplane has shown that the crew and passenger Right-Hand 
(RH) oxygen lines may both interfere with the frame 8 of the 
aeroplane structure. A subsequent design review of the oxygen lines 
routing has confirmed that, on certain aeroplanes, equipped in RH 
mid-cabin with a 115 cu-ft oxygen cylinder, the installation of the 
line support assembly at frame 8 needs to be accomplished with 
precaution; otherwise, the oxygen lines might interfere with the 
structure, and this condition could lead to an oxygen leak.
    As a result, [EASA] Airworthiness Directive 2009-0104 was issued 
to require inspection of the oxygen lines [for signs of interference 
or chafing damage], replacement of any damaged lines and 
modification of their support assembly. Since then, it has been 
found that the applicability of the AD had not been correctly 
defined.
    This [new EASA] AD retains the requirements of AD 2009-0104 
which is superseded and corrects the applicability.

The unsafe condition is an oxygen leak, which would result in 
insufficient oxygen flow to passenger oxygen masks during a 
depressurization event. Modifying the support assembly of the oxygen 
lines includes drilling holes to install improved support bracket 
assemblies at frame 8, stringers 11 and 13, and installing the improved 
assemblies. 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.

Explanation of Change Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Explanation of Change to Costs of Compliance

    Since issuance of the 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.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the 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 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 23 products of U.S. 
registry. We also estimate that it will take about 4 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Required parts will cost about $0 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 parts. 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 this AD to the 
U.S. operators to be $7,820, or $340 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

[[Page 6856]]

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.
    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:

2010-04-01 Dassault-Aviation: Amendment 39-16194. Docket No. FAA-
2009-0994; Directorate Identifier 2009-NM-108-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
19, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault-Aviation Model Falcon 900EX 
airplanes, certificated in any category, with serial numbers 120 
through 123 inclusive, 125 through 127 inclusive, 129, 132, 134 
through 145 inclusive, 147, 151, 153, 155, 157 through 159 
inclusive, 163, 165, 168 through 170 inclusive, 172, 174, 178, 182, 
183, 194, 196, 197, 199, and 206.

Subject

    (d) Air Transport Association (ATA) of America Code 35: Oxygen.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    A quality control performed during completion of one Falcon 
900EX aeroplane has shown that the crew and passenger Right-Hand 
(RH) oxygen lines may both interfere with the frame 8 of the 
aeroplane structure. A subsequent design review of the oxygen lines 
routing has confirmed that, on certain aeroplanes, equipped in RH 
mid-cabin with a 115 cu-ft oxygen cylinder, the installation of the 
line support assembly at frame 8 needs to be accomplished with 
precaution; otherwise, the oxygen lines might interfere with the 
structure, and this condition could lead to an oxygen leak.
    As a result, [European Aviation Safety Agency (EASA)] 
Airworthiness Directive 2009-0104 was issued to require inspection 
of the oxygen lines [for signs of interference and chafing damage], 
replacement of any damaged lines and modification of their support 
assembly. Since then, it has been found that the applicability of 
the AD had not been correctly defined.
    This [EASA] AD retains the requirements of AD 2009-0104 which is 
superseded and corrects the applicability.
    The unsafe condition is an oxygen leak, which would result in 
insufficient oxygen flow to passenger oxygen masks during a 
depressurization event. Modifying the support assembly of the oxygen 
lines includes drilling holes to install improved support bracket 
assemblies at frame 8, stringers 11 and 13, and installing the 
improved assemblies.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 2 months after the effective date of this AD, inspect 
the oxygen lines in accordance with Part 1 of the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin F900EX-347, 
Revision 1, dated May 18, 2009. If any interference or damage is 
found, before further flight, replace the oxygen lines and install 
improved brackets, in accordance with Part 2 of the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin F900EX-347, 
Revision 1, dated May 18, 2009.
    (2) If no interference and no damage are found during the 
inspection required by paragraph (f)(1) of this AD: Within 72 months 
after the effective date of this AD, replace the oxygen line support 
assemblies, in accordance with Part 2 of the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin F900EX-347, 
Revision 1, dated May 18, 2009.
    (3) Actions accomplished before the effective date of this AD in 
accordance with Dassault Mandatory Service Bulletin F900EX-347, 
dated March 19, 2009, are acceptable for compliance with 
corresponding actions specified in this AD.

FAA AD Differences

    Note 1:  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 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

    (h) Refer to MCAI EASA Airworthiness Directive 2009-0126, dated 
June 18, 2009; and Dassault Mandatory Service Bulletin F900EX-347, 
Revision 1, dated May 18, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Dassault Mandatory Service Bulletin F900EX-347, 
Revision 1, dated May 18, 2009, to do the 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;

[[Page 6857]]

telephone 201-440-6700; Internet http://www.dassaultfalcon.com.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 29, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-2609 Filed 2-11-10; 8:45 am]
BILLING CODE 4910-13-P
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