19074 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, ANM–116, 

International Branch, 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: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–1138; 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. 

(j) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency (EASA) 

Airworthiness Directive 2010–0252, dated 

November 29, 2010, and the service 

information identified in paragraphs (k)(1) 

and (k)(2) of this AD for related information. 

(1) Airbus Mandatory Service Bulletin 

A330–53–3183, excluding Appendices 01 

and 02, dated September 30, 2010. 

(2) Airbus Mandatory Service Bulletin 

A340–53–5056, excluding Appendices 01 

and 02, dated October 7, 2010. 

(k) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51: 

(i) Airbus Mandatory Service Bulletin 

A330–53–3183, excluding Appendices 01 

and 02, dated September 30, 2010. 

(ii) Airbus Mandatory Service Bulletin 

A340–53–5056, excluding Appendices 01 

and 02, dated October 7, 2010. 

(2) For service information identified in 

this AD, contact Airbus SAS—Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.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. 

(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 March 8, 

2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–7008 Filed 3–29–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1164; Directorate 

Identifier 2011–NM–084–AD; Amendment 

39–17002; AD 2012–06–21] 

RIN 2120–AA64 

Airworthiness Directives; DASSAULT 

AVIATION Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

DASSAULT AVIATION Model 

MYSTERE-FALCON 900 airplanes. This 

AD was prompted by multiple reports of 

fuel leakage from a defective fuel highlevel sensor located in the wing front 

spar. This AD requires inspecting to 

determine fuel quantity sensors part 

numbers and replacing of certain fuel 

quantity sensors with new fuel quantity 

sensors. We are issuing this AD to 

prevent internal fuel leakage with 

significant fuel vapors, which could 

result in a fire hazard. 

DATES: This AD becomes effective May 

4, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of May 4, 2012. 

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 November 4, 2011 (76 FR 

68368). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Several Mystere-Falcon 900 aeroplanes 

experienced fuel leakage from a defective 

fuel high-level sensor located in the wing 

front spar. 

Investigations revealed that the leakage 

was due to a defective fuel quantity sensor 

Part Number (P/N) 722105–2. 

This condition, if not detected and 

corrected, could lead to an internal fuel 

leakage with significant fuel vapours, which 

could result in a fire hazard. 

To address this unsafe condition, Dassault 

Aviation have developed an improved fuel 

quantity sensor with a new concept of 

sealing. 

For the reasons described above, this 

[EASA] AD requires the identification of the 

affected sensors and replacement with the 

improved part. 

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 (76 

FR 68368, November 4, 2011) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed, except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (76 FR 

68368, November 4, 2011) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (76 FR 68368, 

November 4, 2011). 

Costs of Compliance 

We estimate that this AD will affect 

110 products of U.S. registry. We also 

estimate that it will take about 4 workhours 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 $4,000 

per product. Where the service 


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Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 19075 

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 

$477,400, or $4,340 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 

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 that 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); 

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 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 (76 FR 68368, 

November 4, 2011), 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 

Accordingly, under the authority 

delegated to me by the Administrator, 

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 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2012–06–21 DASSAULT AVIATION: 

Amendment 39–17002. Docket No. 

FAA–2011–1164; Directorate Identifier 

2011–NM–084–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective May 4, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to DASSAULT AVIATION 

Model MYSTERE-FALCON 900 airplanes, 

certificated in any category, all serial 

numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28: Fuel. 

(e) Reason 

This AD was prompted by multiple reports 

of fuel leakage from a defective fuel highlevel sensor located in the wing front spar. 

We are issuing this AD to prevent internal 

fuel leakage with significant fuel vapors, 

which could result in a fire hazard. 

(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) Part Identification and Replacement 

Within 440 flight hours or 9 months after 

the effective date of this AD, whichever 

occurs first, do the actions specified in 

paragraphs (g)(1) and (g)(2) of this AD. 

(1) Inspect the fuel quantity sensors to 

determine whether part number (P/N) 

722105–2 is installed. 

(2) Replace all P/N 722105–2 fuel quantity 

sensors with new P/N 722105–3 fuel quantity 

sensors, in accordance with the 

Accomplishment Instructions of Dassault 

Mandatory Service Bulletin F900–410, dated 

December 20, 2010. 

(h) Parts Installation 

As of the effective date of this AD, no 

person may install a fuel quantity sensor 

having P/N 722105–2 on any airplane. 

(i) 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. 

(j) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2011–0049, 

dated March 21, 2011; and Dassault 

Mandatory Service Bulletin F900–410, dated 

December 20, 2010; for related information. 

(k) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51: 

(i) Dassault Mandatory Service Bulletin 

F900–410, dated December 20, 2010. 

(2) For DASSAULT AVIATION service 

information identified in this AD, contact 

Dassault Falcon Jet, P.O. Box 2000, South 

Hackensack, New Jersey 07606; telephone 

201–440–6700; Internet http:// 

www.dassaultfalcon.com. 


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19076 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 

(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. 

(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 an NARA facility, 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 March 

19, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–7372 Filed 3–29–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0590; Airspace 

Docket No. 11–ASO–25] 

Establishment of Class E Airspace; 

Marion, AL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E Airspace at Marion, AL, to 

accommodate the new Area Navigation 

(RNAV) Global Positioning System 

(GPS) Standard Instrument Approach 

Procedures serving Vaiden Field. This 

action enhances the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations within the National 

Airspace System. 

DATES: Effective 0901 UTC, May 31, 

2012. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On January 6, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish Class E airspace at Marion, 

AL (77 FR 771) Docket No. FAA–2011– 

0590. Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9V dated 

August 9, 2011, and effective September 

15, 2011, which is incorporated by 

reference in 14 CFR 71.1. The Class E 

airspace designations listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace extending 

upward from 700 feet above the surface 

at Marion, AL, to provide the controlled 

airspace required to accommodate the 

new RNAV GPS Standard Instrument 

Approach Procedures developed for 

Vaiden Field. This action is necessary 

for the safety and management of IFR 

operations at the airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of airspace necessary to ensure 

the safety of aircraft and the efficient 

use of airspace. This regulation is 

within the scope of that authority as it 

establishes controlled airspace at 

Vaiden Field, Marion, AL. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, effective 

September 15, 2011, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO AL E5 Marion, AL [New] 

Vaiden Field, AL 

(Lat. 32°30′38′′ N., long. 87°23′05′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Vaiden Field. 

Issued in College Park, Georgia, on March 

14, 2012. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2012–6841 Filed 3–29–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2011–1024] 

High Density Traffic Airports; Notice of 

Determination Regarding Low Demand 

Periods at Ronald Reagan Washington 

National Airport 

AGENCY: Department of Transportation, 

Federal Aviation Administration (FAA). 

ACTION: Notice of agency determination. 

SUMMARY: This action announces an 

FAA determination that 10 p.m. to 10:59 

p.m. no longer is a low demand period 

at Ronald Reagan Washington National 

Airport (DCA). As a result of this 


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