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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 39 
          - [Docket No. FAA-2007-26855; Directorate Identifier 2006-NM-264-AD; Amendment 39-14888; AD 2007-02-01] 
          - RIN 2120-AA64 

# AGENCY:

Federal Aviation Administration (FAA), Department of Transportation (DOT). 

# ACTION:

Final rule; request for comments. 

# SUMMARY:

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 incorrect monitoring of the fire detection system; therefore, its integrity is not guaranteed at all times. This AD requires actions that are intended to address the unsafe condition described in the MCAI. 

# DATES:

This AD becomes effective February 2, 2007. 

The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of February 2, 2007. 

We must receive comments on this AD by March 19, 2007. 

# ADDRESSES:

You may send comments by any of the following methods: 
      -  DOT Docket Web Site:                          Go to                          http://dms.dot.gov                          and follow the instructions for sending your comments electronically.                     
      -  Fax:                          (202) 493-2251.                     
      -  Mail:                          Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001.                     
      -  Hand Delivery:                          Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.                     
      -  Federal Rulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments.                     

## Examining the AD Docket 

                    You may examine the AD docket on the Internet at                     *http://dms.dot.gov*; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5227) 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:                          ( print page 2178)    

## Streamlined Issuance of AD 

                    The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and                     **Federal Register**                     requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products.                 

This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. 

## Discussion 

The European Aviation Safety Agency (EASA), which is the Technical Agent for the member states of the European Community, has issued Emergency Airworthiness Directive 2006-0356-E, dated November 30, 2006 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states that troubleshooting of a “ENG 1 FIRE DETECT FAIL” CAS (crew alerting system) message that occurred on an in-service aircraft revealed that the detector threshold tolerances could not identify a single failure of one engine fire detector loop out of the two present on each engine. The fire detection system is therefore not correctly monitored, and its integrity is not guaranteed at all times. The goal of the MCAI is to verify the fire detection system integrity by mandating a one-time inspection and, in case of findings, to replace the faulty detector pending further modification of the monitoring system. The MCAI will be revised/superseded once the terminating corrective action for the monitoring function has been approved. You may obtain further information by examining the MCAI in the AD docket. 

## Relevant Service Information 

Dassault has issued Service Bulletin F2000EX-137, Revision 1, dated December 7, 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 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 this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all the information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. 

## Differences Between the 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 FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over the actions copied from the MCAI. 

## FAA's Determination of the Effective Date 

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because incorrect fire detector threshold tolerance could lead to undetected failure of the fire detectors. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. 

## Comments Invited 

                    This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the                     **ADDRESSES**                     section. Include “Docket No. FAA-2007-26855; Directorate Identifier 2006-NM-264-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.                 

                    We will post all comments we receive, without change, to                     *http://dms.dot.gov*, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.                 

## 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 would not have federalism implications under Executive Order 13132. This 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 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 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

## Adoption of the Amendment 

                        Accordingly, under the authority delegated to me by the Administrator,                               ( print page 2179)                            the FAA amends 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. 

§ 39.13 

2. The FAA amends § 39.13 by adding the following new AD: 

**2007-02-01 Dassault Aviation:**                             Amendment 39-14888.  Docket No. FAA-2007-26855; Directorate Identifier 2006-NM-264-AD.                         

## Effective Date 

(a) This airworthiness directive (AD) becomes effective February 2, 2007. 

## Affected ADs 

(b) None. 

## Applicability 

(c) This AD applies to Dassault Model Falcon 2000EX airplanes; s/n (serial number) 06, s/n 28 through 90, s/n 93, and s/n 95; certificated in any category. 

## Reason 

(d) The MCAI states that troubleshooting of a “ENG 1 FIRE DETECT FAIL” CAS (crew alerting system) message that occurred on an in-service aircraft revealed that the detector threshold tolerances could not identify a single failure of one engine fire detector loop out of the two present on each engine. The fire detection system is therefore not correctly monitored, and its integrity is not guaranteed at all times. The goal of the MCAI is to verify the fire detection system integrity by mandating a one-time inspection and, in case of findings, to replace the faulty detector pending further modification of the monitoring system. The MCAI will be revised/superseded once the terminating corrective action for the monitoring function has been approved. 

## Actions and Compliance 

(e) Unless already done, do the following actions. Within 35 days after the effective date of this AD, perform an engine fire detection integrity check as required by paragraphs (e)(1), (e)(2), and (e)(3) of this AD in accordance with Dassault Service Bulletin F2000EX-137, Revision 1, dated December 7, 2006. 

(1) First, in the baggage compartment, on each mobile connector of the monitoring units (L320WG) and (R320WG), the equivalent resistance of the two engine detectors at the LH (left-hand) and the RH (right-hand) sides must be verified. According to findings, the corresponding system is either considered correct or incorrect. 

(2) As a second step, if either one or both the LH and the RH system is (are) found to be incorrect, it is required to check the actual resistance of both detectors of the incorrect system(s) on the affected engine(s). 

(3) Any faulty detector must be replaced prior to further flight. 

(4) Actions done before the effective date of this AD in accordance with Dassault Service Bulletin F2000EX-137, dated November 23, 2006, are acceptable for compliance with the requirements of paragraph (e) of this AD. 

## Other FAA AD Provisions 

(f) The following provisions also apply to this AD: 

                            (1)                             *Alternative Methods of Compliance (AMOCs):*                             The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, ATTN: Tom Rodriguez, 1601 Lind Avenue, SW., Renton, Washington 98057-3356, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.                         

                            (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 

(g) Refer to MCAI European Aviation Safety Agency (EASA) Emergency Airworthiness Directive 2006-0356-E, dated November 30, 2006; and Dassault Service Bulletin F2000EX-137, dated November 23, 2006; or Revision 1, dated December 7, 2006; for related information. 

## Material Incorporated by Reference 

(h) You must use Dassault Service Bulletin F2000EX-137, Revision 1, dated December 7, 2006, 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. 

                            (3) You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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 5, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. E7-490 Filed 1-17-07; 8:45 am] 

BILLING CODE 4910-13-P