Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Proposed Rules 47031 

Issued in Renton, Washington, on August 

1, 2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–19013 Filed 8–11–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0527; Directorate 

Identifier 2014–NM–045–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Dassault Aviation Model MystereFalcon 50 airplanes. This proposed AD 

was prompted by a report of an 

untimely and intermittent indication of 

slat activity due to chafing of the 

electrical wiring under the glare shield 

and behind the flight deck front panel. 

This proposed AD would require 

installing two protective plates between 

the electrical wiring under the glare 

shield and the engine fire pull handles. 

We are proposing this AD to prevent 

chafing of the electrical wiring, which 

could result in a short circuit and 

generation of smoke in the cockpit, 

potential loss of several functions 

essential for safe flight, and consequent 

reduced controllability of the airplane. 

DATES: We must receive comments on 

this proposed AD by September 26, 

2014. 

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– 

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, NJ 07606; telephone 201– 

440–6700; Internet http://

www.dassaultfalcon.com. You may 

view this referenced service information 

at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. 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 by searching for 

and locating Docket No. FAA–2014– 

0527; 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 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, WA 

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–2014–0527; Directorate Identifier 

2014–NM–045–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 2014–0024, 

dated January 23, 2014 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for certain Dassault Aviation Model 

Mystere-Falcon 50 airplanes. The MCAI 

states: 

One operator experienced an untimely and 

intermittent indication of slat activity on his 

aeroplane. The results of the subsequent 

investigation revealed that electrical wiring 

under the glare shield and behind the flight 

deck front panel was chafing with hardware 

and was short-circuited to ground. This 

situation may have resulted from an incorrect 

installation of the wiring during a previous 

maintenance action in the area. A design 

review identified a lack of protection of the 

affected electrical wiring bundle, which 

would have prevented damage caused by 

chafing with aeroplane structural parts. 

This condition, if not corrected, might lead 

to an electrical short circuit and generation 

of smoke, possibly affecting operation of 

systems and resulting in reduced control of 

the aeroplane. 

To address this potential unsafe condition, 

Dassault Aviation issued [service bulletin] SB 

F50–530, providing instructions for 

installation of a protective plate on the 

electrical wiring. 

For the reasons described above, this 

[EASA] AD requires modification of the 

aeroplane by installing a protective plate on 

the electrical wiring. 

You may examine the MCAI in the 

AD docket on the Internet at http://

www.regulations.gov by searching for 

and locating it in Docket No. FAA– 

2014–0527. 

Relevant Service Information 

Dassault has issued Service Bulletin 

F50–530, dated November 12, 2013. 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. 

Contacting the Manufacturer’’ 

Paragraph in This Proposed AD 

Since late 2006, we have included a 

standard paragraph titled ‘‘Airworthy 

Product’’ in all MCAI ADs in which the 

FAA develops an AD based on a foreign 

authority’s AD. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
47032 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Proposed Rules 

The MCAI or referenced service 

information in an FAA AD often directs 

the owner/operator to contact the 

manufacturer for corrective actions, 

such as a repair. Briefly, the Airworthy 

Product paragraph allowed owners/

operators to use corrective actions 

provided by the manufacturer if those 

actions were FAA-approved. In 

addition, the paragraph stated that any 

actions approved by the State of Design 

Authority (or its delegated agent) are 

considered to be FAA-approved. 

In an NPRM having Directorate 

Identifier 2012–NM–101–AD (78 FR 

78285, December 26, 2013), we 

proposed to prevent the use of repairs 

that were not specifically developed to 

correct the unsafe condition, by 

requiring that the repair approval 

provided by the State of Design 

Authority or its delegated agent 

specifically refer to the FAA AD. This 

change was intended to clarify the 

method of compliance and to provide 

operators with better visibility of repairs 

that are specifically developed and 

approved to correct the unsafe 

condition. In addition, we proposed to 

change the phrase ‘‘its delegated agent’’ 

to include a design approval holder 

(DAH) with State of Design Authority 

design organization approval (DOA), as 

applicable, to refer to a DAH authorized 

to approve required repairs for the 

proposed AD. 

One commenter to the NPRM having 

Directorate Identifier 2012–NM–101–AD 

(78 FR 78285, December 26, 2013) stated 

the following: ‘‘The proposed wording, 

being specific to repairs, eliminates the 

interpretation that Airbus messages are 

acceptable for approving minor 

deviations (corrective actions) needed 

during accomplishment of an AD 

mandated Airbus service bulletin.’’ 

This comment has made the FAA 

aware that some operators have 

misunderstood or misinterpreted the 

Airworthy Product paragraph to allow 

the owner/operator to use messages 

provided by the manufacturer as 

approval of deviations during the 

accomplishment of an AD-mandated 

action. The Airworthy Product 

paragraph does not approve messages or 

other information provided by the 

manufacturer for deviations to the 

requirements of the AD-mandated 

actions. The Airworthy Product 

paragraph only addresses the 

requirement to contact the manufacturer 

for corrective actions for the identified 

unsafe condition and does not cover 

deviations from other AD requirements. 

However, deviations to AD-required 

actions are addressed in 14 CFR 39.17, 

and anyone may request the approval 

for an alternative method of compliance 

to the AD-required actions using the 

procedures found in 14 CFR 39.19. 

To address this misunderstanding and 

misinterpretation of the Airworthy 

Product paragraph, we have changed the 

paragraph and retitled it ‘‘Contacting the 

Manufacturer.’’ This paragraph now 

clarifies that for any requirement in this 

proposed AD to obtain corrective 

actions from a manufacturer, the actions 

must be accomplished using a method 

approved by the FAA, the European 

Aviation Safety Agency (EASA), or 

Dassault Aviation’s EASA DOA. 

The Contacting the Manufacturer 

paragraph also clarifies that, if approved 

by the DOA, the approval must include 

the DOA-authorized signature. The DOA 

signature indicates that the data and 

information contained in the document 

are EASA-approved, which is also FAAapproved. Messages and other 

information provided by the 

manufacturer that do not contain the 

DOA-authorized signature approval are 

not EASA-approved, unless EASA 

directly approves the manufacturer’s 

message or other information. 

This clarification does not remove 

flexibility previously afforded by the 

Airworthy Product paragraph. 

Consistent with long-standing FAA 

policy, such flexibility was never 

intended for required actions. This is 

also consistent with the 

recommendation of the Airworthiness 

Directive Implementation Aviation 

Rulemaking Committee to increase 

flexibility in complying with ADs by 

identifying those actions in 

manufacturers’ service instructions that 

are ‘‘Required for Compliance’’ with 

ADs. We continue to work with 

manufacturers to implement this 

recommendation. But once we 

determine that an action is required, any 

deviation from the requirement must be 

approved as an alternative method of 

compliance. 

Costs of Compliance 

We estimate that this proposed AD 

affects 250 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Installation ....................................................... 26 work-hours × $85 per hour = $85 ............. $96 $2,306 $576,500 

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); 

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. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Proposed Rules 47033 

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. 

§ 39.13 [Amended] 

■ 2. Amend § 39.13 by adding the 

following new airworthiness directive 

(AD): 

Dassault Aviation: Docket No. FAA–2014– 

0527; Directorate Identifier 2014–NM– 

045–AD. 

(a) Comments Due Date 

We must receive comments by September 

26, 2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Dassault Aviation 

Model Mystere-Falcon 50 airplanes, 

certificated in any category, as identified in 

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

(1) Airplanes with serial numbers 5, 7, 27, 

30, 34, 36, 78, 132, and 251 through 352 

inclusive. 

(2) Airplanes with manufacturer serial 

numbers 2 through 250 inclusive, having 

Honeywell (formerly Allied Signal, Garrett 

AiResearch) TFE731–40–1C engines 

modified by Dassault Aviation Service 

Bulletin F50–280. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 24, Electrical Power. 

(e) Reason 

This AD was prompted by a report of an 

untimely and intermittent indication of slat 

activity due to chafing of the electrical wiring 

under the glare shield and behind the flight 

deck front panel. We are issuing this AD to 

prevent chafing of the electrical wiring, 

which could result in a short circuit and 

generation of smoke in the cockpit, potential 

loss of several functions essential for safe 

flight, and consequent reduced 

controllability of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Install Protective Plates 

Within 74 months after the effective date 

of this AD, install two Rilsan protective 

plates between the glare shield electrical 

wiring and the engine fire pull handles, in 

accordance with the Accomplishment 

Instructions of Dassault Service Bulletin 

F50–530, dated November 12, 2013. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, 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, WA 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) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(EASA); or Dassault Aviation’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(i) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2014–0024, dated 

January 23, 2014, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http://www.regulations.gov 

by searching for and locating it in Docket No. 

FAA–2014–0527. 

(2) For service information identified in 

this AD, contact Dassault Falcon Jet, P.O. Box 

2000, South Hackensack, NJ 07606; 

telephone 201–440–6700; Internet http://

www.dassaultfalcon.com. You may view this 

service information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on August 

1, 2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–19009 Filed 8–11–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 478 

[Docket No. ATF 40P; AG Order No. 3459– 

2014] 

RIN 1140–AA41 

Commerce in Firearms and 

Ammunition—Reporting Theft or Loss 

of Firearms in Transit (2007R–9P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF), 

Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Justice 

proposes amending Bureau of Alcohol, 

Tobacco, Firearms, and Explosives 

(ATF) regulations that concern firearms 

stolen or lost in transit. The proposed 

rule specifies that when a Federal 

firearms licensee (FFL) discovers a 

firearm it shipped was stolen or lost in 

transit, that sender/transferor FFL must 

report the theft or loss to ATF and to the 

appropriate local authority. The rule 

also reduces an FFL’s reporting burden 

when a theft or loss involves a firearm 

registered under the National Firearms 

Act (NFA) and ensures consistent 

reporting to ATF’s NFA Branch. In 

addition, the rule specifies that 

transferor/sender FFLs must reflect the 

theft or loss of a firearm as a disposition 

entry in their required records not later 

than 7 days following discovery of the 

theft or loss, and specifies that FFLs that 

report the theft or loss of a firearm and 

later discover its whereabouts must 

advise ATF that the firearm has been 

located and must re-enter the firearm 

into their required records as an 

acquisition or disposition entry as 

appropriate. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before 

November 10, 2014. Commenters should 

be aware that the electronic Federal 

Docket Management System will not 

accept comments after midnight Eastern 

Time on the last day of the comment 

period. 

ADDRESSES: You may submit comments, 

identified by docket number (ATF 40P), 

by any of the following methods— 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 648–9741. 

• Mail: Brenda Raffath Friend, 

Mailstop 6N–602, Office of Regulatory 

Affairs, Enforcement Programs and 

Services, Bureau of Alcohol, Tobacco, 


emcdonald on DSK67QTVN1PROD with PROPOSALS