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[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Proposed Rules]
[Pages 16186-16188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6627]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0269; Directorate Identifier 2011-NM-105-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation 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 
certain Dassault Aviation Model FALCON 7X airplanes. This proposed AD 
was prompted by a report that a passenger oxygen pipe at frame 10 was 
chafing against the forward lavatory rear structure, raising the risk 
of the oxygen pipe developing a crack. This proposed AD would require 
modifying the routing of and, if necessary, replacing, the oxygen pipe. 
We are proposing this AD to prevent rupture of the oxygen pipe which, 
in case of a cabin depressurization, would impair operation of the 
passenger oxygen distribution system.

DATES: We must receive comments on this proposed AD by May 4, 2012.

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-

[[Page 16187]]

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 W12-140, 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-2012-0269; 
Directorate Identifier 2011-NM-105-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 2011-0070, dated April 18, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Inspections of two aeroplanes during cabin completions have 
shown that a passenger oxygen line at frame 10 was chafing with the 
forward lavatory rear structure.
    Design review of the area confirmed a local low clearance value 
which raises the risk of the oxygen line developing a crack.
    This condition, if not detected and corrected, could lead to 
rupture of the oxygen line which, in case of a cabin 
depressurization, would impair operation of the passengers' oxygen 
distribution system.
    To address this unsafe condition, Dassault Aviation have 
designed a modification with a new oxygen line routing.
    This AD requires an [general visual] inspection of the oxygen 
line for interference or damage and, in case of discrepancies 
[damage, or clearance less than 3 mm], accomplishment of the 
modification [including general visual inspections, and, if 
necessary, replacing the oxygen line/pipe] before next flight. It 
requires as well accomplishment of the modification of the oxygen 
line routing for the aeroplanes in which [clearance of 3 mm or more 
but less than 12 mm] were identified.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Dassault Aviation has issued Mandatory Service Bulletin 7X-174, 
dated March 10, 2011. 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 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

    This AD differs from the MCAI and/or service information as 
follows: The MCAI specifies that all airplanes must be modified before 
further flight if any discrepancy is found, and if no discrepancy, the 
modification must be done within 98 months or 4,000 flight cycles. This 
AD requires modification before further flight if damage or a certain 
clearance is found, and if a certain other clearance is found, 
modification within 98 months or 4,000 flight cycles. No modification 
is necessary for airplanes having a clearance of 12 mm or more.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 11 products of U.S. registry. We also estimate that 
it would take about 11 work-hours 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 $10,285, or $935 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 16 work-hours and require parts costing $655, for a cost of 
$2,015 per product. We have no way of determining the number of 
products that may need these actions.

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

[[Page 16188]]

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 affect intrastate aviation in Alaska; and
    4. 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 adding the following new AD:

Dassault Aviation: Docket No. FAA-2012-0269; Directorate Identifier 
2011-NM-105-AD.

(a) Comments Due Date

    We must receive comments by May 4, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, 
certificated in any category, serial numbers 3, 10, 13, 18, 19, 20, 
22, 23, 24, 26, 27, 29, 30, 31, 32, 33, 35, 36, 38, 41, 42, 43, 47, 
48, 58, 63, 64, 66, 67, 68, 71, 76, 78, 79, 83, 84, 85, 86, 87, and 
93; except for airplanes on which the Dassault Aviation modification 
specified in Dassault Mandatory Service Bulletin 7X-174, has been 
incorporated.

(d) Subject

    Air Transport Association (ATA) of America Code 35: Oxygen.

(e) Reason

    This AD was prompted by a report that a passenger oxygen pipe at 
frame 10 was chafing against the forward lavatory rear structure, 
raising the risk of the oxygen pipe developing a crack. We are 
issuing this AD to prevent rupture of the oxygen pipe which, in case 
of a cabin depressurization, would impair operation of the passenger 
oxygen distribution system.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Inspection

    Within 2 months after the effective date of this AD, do a 
boroscope inspection of the passenger oxygen pipe for clearance and 
a general visual inspection for damage of the oxygen pipe, in 
accordance with the Accomplishment Instructions of Dassault 
Mandatory Service Bulletin 7X-174, dated March 10, 2011.

(h) Corrective Actions

    If during any inspection required by paragraph (g) of this AD 
any damage is found or oxygen pipe clearance is less than 3 
millimeters (mm) (0.12 inch): Before further flight, modify the 
oxygen pipe routing, including doing a general visual inspection for 
chafing of the pipe and doing all applicable replacements, in 
accordance with the Accomplishment Instructions of Dassault 
Mandatory Service Bulletin 7X-174, dated March 10, 2011.

(i) Oxygen Pipe Routing Modification

    If, during any inspection required by paragraph (g) of this AD, 
oxygen pipe clearance is 3 mm (0.12 inch) or more but less than 12 
mm (0.47 inch): Within 98 months or 4,000 flight cycles after the 
effective date of this AD, whichever occurs first, modify the 
routing of the passenger oxygen pipe, including doing a general 
visual inspection for chafing of the pipe and doing all applicable 
replacements, in accordance with the Accomplishment Instructions of 
Dassault Mandatory Service Bulletin 7X-174, dated March 10, 2011.

(j) Other FAA AD Provisions

    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. 
Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
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.

(k) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2011-0070, dated April 18, 2011; and 
Dassault Mandatory Service Bulletin 7X-174, Initial Issuance, dated 
March 10, 2011; for related information.

    Issued in Renton, Washington, on March 9, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-6627 Filed 3-19-12; 8:45 am]
BILLING CODE 4910-13-P
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