Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 33199 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Mike Kiesov, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 329– 

4090; email: mike.kiesov@faa.gov. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(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, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

(h) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No. 2013–0073–E, dated 

March 21, 2013, for related information. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Magnaghi Aeronautica SpA Service 

Bulletin SB–C n. SB–005–2013–SKY 

ARROW, Issue 1, dated March 13, 2013. 

(ii) Reserved. 

(3) For Iniziative Industriali Italiane S.p.A. 

service information identified in this AD, 

contact Magnaghi Aeronautica S.p.A., Via G. 

Ferraris, 76, 80142 Napoli, Italy; telephone: 

+ 39 081 5977 225; fax: + 39 081 5977 226; 

email: dtedesco@magnaghiaeronautica.it; 

Internet: www.magnaghiaeronautica.it. 

(4) You may view this service information 

at FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329–4148. 

(5) You may view this 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/cfr/ibr-locations.html 

Issued in Kansas City, Missouri, on May 

20, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–12516 Filed 6–3–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1322; Directorate 

Identifier 2012–NM–155–AD; Amendment 

39–17466; AD 2013–11–06] 

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 certain 

Dassault Aviation Model MystereFalcon 900 and Falcon 900EX airplanes. 

This AD was prompted by reports of 

chafing between the tail strobe power 

supply and a hydraulic line. This AD 

requires modifying the tail strobe power 

supply wire routing. We are issuing this 

AD to prevent chafing between the tail 

strobe power supply and a hydraulic 

line, which could result in hydraulic 

fluid leakage and possible fire due to 

arcing, and consequent loss of control of 

the airplane due to structural failure of 

the tail. 

DATES: This AD becomes effective July 

9, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of July 9, 2013. 

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 February 5, 2013 (78 FR 

8052). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The European Aviation Safety 

Agency (EASA), which is the Technical 

Agent for the Member States of the 

European Community, has issued EASA 

Airworthiness Directive 2012–0162, 

dated August 29, 2012 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

Two reports were received concerning 

Falcon 900 aeroplanes, where chafing 

between the tail strobe power supply and a 

hydraulic line was found. In the latest 

reported occurrence, the chafing damaged the 

power line and created an electrical arcing 

which created a pin hole in the hydraulic 

line, leading to hydraulic fluid leakage. 

This condition, if not corrected, could 

jeopardize the aeroplane’s safe flight. 

To address this potential unsafe condition, 

Dassault Aviation developed modification 

(M5741) of the routing of the tail strobe 

power supply wire, which is available for 

accomplishment in service through Dassault 

Service Bulletin (SB) F900–431 or SB 

F900EX–437, as applicable to aeroplane 

model. 

For the reasons described above, this 

[EASA] AD requires modification of the 

routing of the tail strobe power supply wire. 

The unsafe condition is chafing between 

the tail strobe power supply and a 

hydraulic line, which could result in 

hydraulic fluid leakage and possible fire 

due to arcing, and consequent loss of 

control of the airplane due to structural 

failure of the tail. 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 (78 

FR 8052, February 5, 2013) 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: 


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33200 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 

• Are consistent with the intent that 

was proposed in the NPRM (78 FR 8052, 

February 5, 2013) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (78 FR 8052, 

February 5, 2013). 

Costs of Compliance 

We estimate that this AD will affect 

180 products of U.S. registry. We also 

estimate that it will take about 2 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 $31 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 $36,180, or 

$201 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 (78 FR 8052, 

February 5, 2013), 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. 

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: 

2013–11–06 Dassault Aviation: 

Amendment 39–17466. Docket No. 

FAA–2012–1322; Directorate Identifier 

2012–NM–155–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective July 9, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the airplanes specified 

in paragraphs (c)(1) and (c)(2) of this AD, 

certificated in any category. 

(1) Dassault Aviation Model MystereFalcon 900 airplanes, serial numbers 142 and 

subsequent. 

(2) Dassault Aviation Model Falcon 900EX 

airplanes, all serial numbers except those on 

which Dassault Aviation Modification M5741 

has been embodied in production. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 24, Electrical Power. 

(e) Reason 

This AD was prompted by reports of 

chafing between the tail strobe power supply 

and a hydraulic line. We are issuing this AD 

to prevent chafing between the tail strobe 

power supply and a hydraulic line, which 

could result in hydraulic fluid leakage and 

possible fire due to arcing, and consequent 

loss of control of the airplane due to 

structural failure of the tail. 

(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) Actions 

Within 65 days or 200 flight hours after the 

effective date of this AD, whichever occurs 

first: Modify the tail strobe power supply 

wire routing, in accordance with the 

Accomplishment Instructions of Dassault 

Mandatory Service Bulletin F900–431, dated 

November 8, 2011 (for Model Mystere-Falcon 

900 airplanes); or Dassault Mandatory 

Service Bulletin F900EX–437, dated 

November 8, 2011 (for FALCON 900EX 

airplanes). 

(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, 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. 

(i) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information European 


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Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 33201 

Aviation Safety Agency Airworthiness 

Directive 2012–0162, dated August 29, 2012, 

and the service information specified in 

paragraphs (i)(1) and (i)(2) of this AD, for 

related information. 

(1) Dassault Mandatory Service Bulletin 

F900–431, dated November 8, 2011. 

(2) Dassault Mandatory Service Bulletin 

F900EX–437, dated November 8, 2011. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Dassault Mandatory Service Bulletin 

F900–431, dated November 8, 2011. 

(ii) Dassault Mandatory Service Bulletin 

F900EX–437, dated November 8, 2011. 

(3) 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. 

(4) You may review copies of the 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. 

(5) You may view this 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on May 17, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–12722 Filed 6–3–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1227; Directorate 

Identifier 2012–NM–016–AD; Amendment 

39–17467; AD 2013–11–07] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Embraer S.A. Model ERJ 190 airplanes. 

This AD was prompted by reports of 

cracks on the side stay of the main 

landing gear (MLG). This AD requires 

repetitive measurements of the left-hand 

(LH) and right-hand (RH) MLG side stay 

support fitting to detect bushing 

migration, and eventual replacement of 

the bushing; and a detailed inspection 

for damage on the LH and RH MLG side 

stay support assembly, and related 

investigative and corrective actions if 

necessary. We are issuing this AD to 

prevent excessive bearing friction, 

which might compromise the MLG free 

fall extension and cause fatigue cracking 

on the MLG side stay and on its support 

assembly, resulting in reduced 

structural integrity of the MLG. 

DATES: This AD becomes effective July 

9, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of July 9, 2013. 

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: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2768; 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 December 17, 2012 (77 FR 

74628). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The Mandatory Continuing 

Airworthiness Information (MCAI) 

states: 

This [Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC)] AD results from reports of cracks on 

the Main Landing Gear (MLG) Side Stay. 

Further investigation has revealed that the 

cracks were caused by excessive friction on 

the MLG Side Stay Support Fitting due to its 

outer bushing migration. This [ANAC] AD is 

being issued to prevent such excessive 

bearing friction which may compromise the 

MLG free fall extension and; cause fatigue 

cracks on the MLG Side Stay and on the MLG 

Side Stay Support Assembly resulting in 

reduced structural integrity of the MLG. 

* * * * * 

The required actions include 

repetitive measurements of the LH and 

RH MLG side stay support fitting to 

detect bushing migration, and eventual 

replacement of the bushing; and a 

detailed inspection for damage on the 

LH and RH MLG side stay support 

assembly, and related investigative and 

corrective actions if necessary. The 

related investigative actions include a 

general visual inspection and an eddy 

current inspection for any cracking on 

the upper and lower side stays of the 

affected side stay support assembly. The 

corrective actions include replacing or 

repairing the MLG side stay or MLG side 

stay assembly and removing corrosion. 

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 

have considered the comments received. 

Request To Revise Compliance Time 

JetBlue Airways requested that the 

compliance time for the inspection and 

replacement of the bushing for the MLG 

side stay support fitting be revised to 

match the EMBRAER service 

information. JetBlue Airways stated that 

according to EMBRAER Service Bulletin 

190–57–0036, Revision 02, dated 

August 12, 2011, the reason for the 

replacement of the bushing of the MLG 

side stay support fitting is to ensure that 

the MLG side stay support fitting 

remains properly lubricated. In 

addition, JetBlue Airways stated that the 

service information is based on the 

difficulty of the lubrication of the MLG 

side stay fitting, which is lubricated 

using a certain maintenance manual and 

has a compliance time of intervals not 

to exceed 600 flight cycles. JetBlue 

Airways stated that if the bushing 

lubrication of the MLG side stay support 

fitting is normal with no difficulties, 

there should not be a technical reason 

to defer the replacement of the MLG 

side stay support fitting to an interval 

not to exceed 1,200 flight cycles after 

the effective date of the final rule. 

JetBlue Airways stated, however, that if 

the MLG side stay support fitting cannot 

be properly lubricated, then it is 

prudent to inspect the bushing for 

migration of the MLG side stay support 

fitting and replace the MLG side stay 

fitting in accordance with paragraphs (g) 

and (h) of the NPRM (77 FR 74628, 

December 17, 2012), respectively. 

We disagree with the commenter’s 

request. Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has determined that 

an unsafe condition can occur 

regardless of whether or not the MLG 

side stay is properly lubricated. We 

have not received sufficient data to 


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