45176 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules 

Issued in Renton, Washington, on July 23, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–17782 Filed 8–1–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0830; Directorate 

Identifier 2007–NM–285–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Model Falcon 2000EX Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated 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: 

Investigations after a CAS (crew alerting 

system) message ‘‘ENG 1 FIRE DETECT 

FAIL’’ that occurred on an in-service aircraft 

revealed that the detector threshold 

tolerances could not permit to identify the 

failure of one single engine fire detector loop 

out of the two present on each engine. The 

fire detection system integrity is therefore not 

correctly monitored. 

* * * * * 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by September 3, 2008. 

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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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–2008–0830; Directorate Identifier 

2007–NM–285–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 

On January 5, 2007, we issued AD 

2007–02–01, Amendment 39–14888 (72 

FR 2177, January 18, 2007). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2007–02–01, we 

have determined that fire detector 

threshold tolerances for the affected 

airplanes do not identify the failure of 

one engine fire detector loop out of the 

two present on each engine. The 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2007–0119, 

dated May 2, 2007 (referred to after this 

as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Investigations after a CAS (crew alerting 

system) message ‘‘ENG 1 FIRE DETECT 

FAIL’’ that occurred on an in-service aircraft 

revealed that the detector threshold 

tolerances could not permit to identify the 

failure of one single engine fire detector loop 

out of the two present on each engine. The 

fire detection system integrity is therefore not 

correctly monitored. 

Airworthiness Directive (AD) No 2006–

0356–E [which corresponds to FAA AD 

2007–02–01] was initially issued to mandate 

the verification of the fire detection system 

integrity by a one time inspection. 

The current AD mandates installation of 

two new fire monitoring units of an 

improved design, each one of them is capable 

of monitoring the integrity of both detectors 

on the associated engine. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Dassault has issued Service Bulletin 

F2000EX–138, dated March 5, 2007. 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 

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 proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 


ebenthall on PRODPC60 with PROPOSALS
Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules 45177 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 42 products of U.S. registry. 

We also estimate that it would take 

about 3 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $0 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 costs. 

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 the proposed AD on U.S. 

operators to be $10,080, or $240 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 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); 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 proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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. The FAA amends § 39.13 by 

removing Amendment 39–14888 (72 FR 

2177, January 18, 2007) and adding the 

following new AD: 

Dassault Aviation: Docket No. FAA–2008–

0830; Directorate Identifier 2007–NM–

285–AD. 

Comments Due Date 

(a) We must receive comments by 

September 3, 2008. 

Affected ADs 

(b) This AD supersedes AD 2007–02–01, 

Amendment 39–14888. 

Applicability 

(c) This AD applies to Dassault Model 

Falcon 2000EX airplanes, certificated in any 

category, serial number (S/N) 06 and from S/ 

N 28 to 107 inclusive, without modification 

M2958 implemented. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 26: Fire Protection. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Investigations after a CAS (crew alerting 

system) message ‘‘ENG 1 FIRE DETECT 

FAIL’’ that occurred on an in-service aircraft 

revealed that the detector threshold 

tolerances could not permit to identify the 

failure of one single engine fire detector loop 

out of the two present on each engine. The 

fire detection system integrity is therefore not 

correctly monitored. 

Airworthiness Directive (AD) No 2006–

0356–E [which corresponds to FAA AD 

2007–02–01] was initially issued to mandate 

the verification of the fire detection system 

integrity by a one time inspection. 

The current AD mandates installation of 

two new fire monitoring units of an 

improved design, each one of them is capable 

of monitoring the integrity of both detectors 

on the associated engine. 

Restatement of Requirements of AD 2007–

02–01 

(f) Unless already done, do the following 

actions. Within 35 days after February 2, 

2007 (the effective date of AD 2007–02–01), 

perform an engine fire detection integrity 

check as required by paragraphs (f)(1), (f)(2), 

and (f)(3) of this AD in accordance with 

Dassault Service Bulletin F2000EX–137, 

Revision 1, dated December 7, 2006. Doing 

the replacement required by paragraph (g) of 

this AD terminates the requirements of this 

paragraph. 

(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 February 2, 2007, 

in accordance with Dassault Service Bulletin 

F2000EX–137, dated November 23, 2006, are 

acceptable for compliance with the 

requirements of paragraph (f) of this AD. 

New Requirements of This AD: Actions and 

Compliance 

(g) Unless already done, within the next 12 

months after the effective date of this AD, 

remove the two fire monitoring units having 

part number (P/N) 6342–01 and replace them 

with new ones having P/N 6342–02 in 

accordance with the Accomplishment 

Instructions of Dassault Service Bulletin 

F2000EX–138, dated March 5, 2007. Doing 

the replacement terminates the requirements 

of paragraph (f) of this AD. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) 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. 

Send information 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. 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 


ebenthall on PRODPC60 with PROPOSALS
45178 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules 

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 

(i) Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2007–0119, 

dated May 2, 2007, and Dassault Service 

Bulletin F2000EX–138, dated March 5, 2007, 

for related information. 

Issued in Renton, Washington, on July 23, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–17792 Filed 8–1–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0831; Directorate 

Identifier 2008–NM–051–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

and Model ERJ 190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated 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: 

It has been found the occurrence of failed 

bearings of the RAT [ram air turbine] 

generator, which may lead to a RAT 

generator failure. The RAT generator was 

designed to provide emergency electrical 

power to essential systems in case of loss of 

all other sources of aircraft AC electrical 

power. 

* * * * * 

Loss of emergency electrical power 

could result in reduced controllability 

of the airplane during in-flight 

emergencies. The proposed AD would 

require actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: We must receive comments on 

this proposed AD by September 3, 2008. 

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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; 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–2008–0831; Directorate Identifier 

2008–NM–051–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 Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directives 2007–12–01 

and 2007–12–02, both effective January 

24, 2008 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

It has been found the occurrence of failed 

bearings of the RAT [ram air turbine] 

generator, which may lead to a RAT 

generator failure. The RAT generator was 

designed to provide emergency electrical 

power to essential systems in case of loss of 

all other sources of aircraft AC electrical 

power. 

Loss of emergency electrical power 

could result in reduced controllability 

of the airplane during in-flight 

emergencies. The corrective actions 

include determining the part number 

and serial number of the RAT, and reidentifying or replacing the RAT if 

necessary. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

EMBRAER has issued Service 

Bulletins 170–24–0041, Revision 01, 

dated August 28, 2007; and 190–24–

0012, Revision 01, dated August 21, 

2007. 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 

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 


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