[Federal Register Volume 71, Number 193 (Thursday, October 5, 2006)]
[Proposed Rules]
[Pages 58755-58758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16452]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / 
Proposed Rules  

[[Page 58755]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25988; Directorate Identifier 2006-NM-113-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 and 
900 Airplanes and Falcon 900EX Airplanes, and Model Falcon 2000 and 
Falcon 2000EX Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Dassault Model Mystere-Falcon 50 and 900 airplanes and 
Falcon 900EX airplanes, and Model Falcon 2000 and Falcon 2000EX 
airplanes. This proposed AD would require an inspection of the 
identification plates of the outboard slats to determine the type of 
identification plates and the P/Ns. For certain airplanes, this 
proposed AD would also require a revision to the Limitations and Normal 
Procedures sections of the airplane flight manual to provide procedures 
for operation in icing conditions; and replacement of the anti-icing 
manifold with an anti-icing manifold of the correct type design if 
necessary. For certain airplanes, this proposed AD would also require 
related investigative and corrective actions if necessary. This 
proposed AD results from a finding that the outboard slats for Model 
Mystere-Falcon 50 airplanes have been erroneously authorized, in 
limited cases, as interchangeable for use on Model Mystere-Falcon 900 
airplanes and Falcon 900EX airplanes, and Model Falcon 2000 and Falcon 
2000EX airplanes. We are proposing this AD to prevent failure of the 
anti-icing manifold of the outboard slats, which could result in loss 
of control of the airplane.

DATES: We must receive comments on this proposed AD by November 6, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New 
Jersey 07606, for service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
25988; Directorate Identifier 2006-NM-113-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    The European Aviation Safety Agency (EASA), which is the 
airworthiness authority for the European Union, notified us that an 
unsafe condition may exist on certain Dassault Model Mystere-Falcon 50 
and 900 airplanes and Falcon 900EX airplanes, and Model Falcon 2000 and 
Falcon 2000EX airplanes. The EASA advises that the outboard slats for 
Model Mystere-Falcon 50 airplanes have been erroneously authorized, in 
limited cases, as interchangeable for use on Model Mystere-Falcon 900 
airplanes and Falcon 900EX airplanes, and on Model Falcon 2000 and 
Falcon 2000EX airplanes. The outboard slats for all five of these 
airplane models are aerodynamically identical on many points; they have 
the same external shape and are mechanically interchangeable. However, 
the hot air anti-icing systems of the outboard slats on the Model 
Mystere-Falcon 50 airplanes are different from those on the other four 
airplane models. Therefore, the outboard slats of the Model Mystere-
Falcon 50 airplanes are not functionally equivalent. Exchange of 
outboard slats among the five affected models could have occurred after 
airplane delivery, resulting in installation of outboard slats having 
anti-icing manifolds of the incorrect type design. Repairs also could

[[Page 58756]]

have led to installation of anti-icing manifolds of the incorrect type 
design. Failure of the anti-icing manifolds of the outboard slats, if 
not corrected, could result in loss of control of the airplane.

Relevant Service Information

    Dassault has issued the service bulletins identified in the 
following table.

----------------------------------------------------------------------------------------------------------------
     Dassault Service Bulletin--              Dated--                             For model--
----------------------------------------------------------------------------------------------------------------
F2000-331...........................  January 30, 2006......  Falcon 2000 airplanes.
F2000EX-91..........................  January 30, 2006......  Falcon 2000EX airplanes.
F50-475.............................  January 30, 2006......  Mystere-Falcon 50 airplanes.
F50-478.............................  January 30, 2006......  Mystere-Falcon 50 airplanes.
F900-370............................  January 30, 2006......  Mystere-Falcon 900 airplanes.
F900EX-273..........................  January 30, 2006......  Falcon 900EX airplanes.
----------------------------------------------------------------------------------------------------------------

    Dassault Service Bulletin F50-475 describes the following 
procedures:
     Checking the airplane logbook to determine if any outboard 
slat has been replaced.
     If one or more outboard slats has been replaced after June 
1986 or if the airplane records are incomplete, the service bulletin 
specifies inspecting the identification plates of the outboard slats to 
determine the type of identification plates installed and the inscribed 
P/Ns.
     If a ``type 3'' identification plate is installed and 
mentions ``REP,'' ``WILMINGTON,'' ``LITTLE ROCK,'' or any other repair 
station, or if all plates found raise any doubt as to whether the slat 
is in conformity with the airplane's type design, the service bulletin 
specifies performing a ``go-no-go'' diameter check of the air 
distribution holes of the manifold using a 0.08-inch (2-mm) drill bit 
shank.
     If the drill bit shank can be inserted through the air 
distribution holes of the manifold, if a ``type 1'' identification 
plate is installed and inscribed with P/Ns FGFB134XX or FGFB144XX, or 
if a slat has multiple identification plates and the vertical field of 
the most recent plate is inscribed with ``F900'' or ``MF900,'' the 
service bulletin specifies accomplishing Dassault Service Bulletin F50-
478 within 1,530 flight hours; and, before further flight, 
incorporating Dassault Temporary Change (TC) 61, dated January 27, 
2006, into the Dassault Mystere-Falcon 50 Airplane Flight Manual (AFM), 
DTM 813, or incorporating Dassault TC 75, dated January 27, 2006, into 
the Dassault Mystere-Falcon 50EX AFM, FM813EX, as applicable.
     Recording compliance with applicable part of the service 
bulletin and reporting certain information to airplane manufacturer.
    Dassault Service Bulletin F50-478 describes procedures for 
replacing the anti-icing manifold with an anti-icing manifold of the 
correct type design.
    Dassault TC 61, dated January 27, 2006, to the Dassault Mystere-
Falcon 50 AFM, DTM 813; and Dassault TC 75, dated January 27, 2006, to 
the Dassault Mystere-Falcon 50EX AFM, FM813EX, provide procedures for 
operation in icing conditions.
    Dassault Service Bulletins F900-370, F900EX-273, F2000-331, and 
F2000EX-91 describe procedures for checking the airplane logbook to 
determine if any outboard slat has been replaced. If one or more 
outboard slats has been replaced or if the airplane records are 
incomplete, the service bulletins also describe procedures for 
inspecting the identification plates of the outboard slats to determine 
the type of identification plates installed and the inscribed P/Ns and, 
if necessary, accomplishing related investigative and corrective 
actions. The service bulletins specify accomplishing the related 
investigative action if a ``type 3'' identification plate is installed 
and mentions ``REP,'' ``WILMINGTON,'' ``LITTLE ROCK,'' or any other 
repair station, or if all plates found raise any doubt as whether the 
slat is in conformity with the airplane's type design. The related 
investigative action includes performing a ``go-no-go'' diameter check 
of the air distribution holes of the manifold using a 0.08-inch (2-mm) 
drill bit shank. The service bulletins specify accomplishing the 
corrective action if the drill bit shank cannot be inserted through the 
air distribution holes of the manifold, if a ``type 1'' identification 
plate is installed and inscribed with P/Ns F50B134XX or F50B144XX, or 
if a slat has multiple identification plates and the vertical field of 
the most recent plate is inscribed with ``F50B'' or ``MF50.'' The 
corrective action includes modifying the manifold by enlarging all 80 
air distribution holes. If certain types of identification plates are 
installed and inscribed with certain P/Ns, or after the corrective 
action is accomplished, the service bulletins also specify recording 
compliance with the service bulletin and reporting certain information 
to airplane manufacturer.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The EASA mandated 
the service information and issued airworthiness directive 2006-0037, 
dated February 1, 2006, to ensure the continued airworthiness of these 
airplanes in the European Union.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. As described in FAA 
Order 8100.14A, ``Interim Procedures for Working with the European 
Community on Airworthiness Certification and Continued Airworthiness,'' 
dated August 12, 2005, the EASA has kept the FAA informed of the 
situation described above. We have examined the EASA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
the Proposed AD and Service Bulletins.''

Difference Between the Proposed AD and Service Bulletins

    Dassault Service Bulletins F50-475, F900-370, F900EX-273, F2000-
331, and F2000EX-91 recommend first checking the airplane logbook to 
determine if any outboard slat has been replaced and then, if 
necessary, inspecting the identification plates of the outboard slats 
to determine the type of identification plates installed and the 
inscribed P/Ns. Instead, this proposed AD would first require the 
inspection of the identification plates of the outboard

[[Page 58757]]

slats. However, this proposed AD would also allow a review of the 
airplane maintenance records in lieu of this inspection if the type of 
identification plate and the P/Ns of the outboard slats can be 
determined conclusively from that review.

Costs of Compliance

    This proposed AD would affect about 637 airplanes of U.S. registry. 
The proposed inspection would take about 2 work hours per airplane, at 
an average labor rate of $80 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $101,920, or 
$160 per airplane.

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 have 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 that the 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. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

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.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Dassault Aviation: Docket No. FAA-2006-25988; Directorate Identifier 
2006-NM-113-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by November 
6, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in Table 1 of 
this AD, certificated in any category.

                         Table 1.--Applicability
------------------------------------------------------------------------
            Dassault model--                      Serial Nos.--
------------------------------------------------------------------------
Mystere-Falcon 50 airplanes............  2 through 344 inclusive.
Mystere-Falcon 900 airplanes...........  1 through 202 inclusive.
Falcon 900EX airplanes.................  1 through 96 inclusive and 98
                                          through 154 inclusive.
Falcon 2000 airplanes..................  1 through 223 inclusive.
Falcon 2000EX airplanes................  1 through 69 inclusive.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a finding that the outboard slats for 
Model Mystere-Falcon 50 airplanes have been erroneously authorized, 
in limited cases, as interchangeable for use on Model Mystere-Falcon 
900 airplanes and Falcon 900EX airplanes, and Model Falcon 2000 and 
Falcon 2000EX airplanes. We are issuing this AD to prevent failure 
of the anti-icing manifold of the outboard slats, which could result 
in loss of control of the airplane.

Compliance

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

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the service bulletins identified in 
Table 2 of this AD, as applicable. Although the service bulletins 
referenced in Table 2 of this AD specify to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

                                           Table 2.--Service Bulletins
----------------------------------------------------------------------------------------------------------------
  Dassault Service Bulletin--          Dated--           For model--          For the actions specified in--
----------------------------------------------------------------------------------------------------------------
F50-475........................  January 30, 2006..  Mystere-Falcon 50   Paragraph (g) of this AD.
                                                      airplanes.
F50-478........................  January 30, 2006..  Mystere-Falcon 50   Paragraph (g)(2) of this AD.
                                                      airplanes.
F900-370.......................  January 30, 2006..  Mystere-Falcon 900  Paragraph (h) of this AD.
                                                      airplanes.
F900EX-273.....................  January 30, 2006..  Falcon 900EX        Paragraph (h) of this AD.
                                                      airplanes.
F2000-331......................  January 30, 2006..  Falcon 2000         Paragraph (h) of this AD.
                                                      airplanes.
F2000EX-91.....................  January 30, 2006..  Falcon 2000EX       Paragraph (h) of this AD.
                                                      airplanes.
----------------------------------------------------------------------------------------------------------------


[[Page 58758]]

Inspection and Corrective Actions for Model Mystere-Falcon 50 Airplanes

    (g) For Model Mystere-Falcon 50 airplanes: Within 330 flight 
hours or 7 months after the effective date of this AD, whichever 
occurs first, inspect the identification plates of the outboard 
slats to determine the type of identification plates and the part 
numbers (P/Ns), in accordance with the applicable service bulletin. 
A review of airplane maintenance records is acceptable in lieu of 
the inspection if the type of identification plate and the P/Ns of 
the outboard slats can be determined conclusively from that review. 
If a ``type 3'' identification plate is installed and mentions 
``REP,'' ``WILMINGTON,'' ``LITTLE ROCK,'' or any other repair 
station, or if the conformity of the slat with the airplane's type 
design cannot be positively confirmed, before further flight, do a 
``go-no-go'' diameter check of the air distribution holes of the 
manifold using a drill bit shank, in accordance with the applicable 
service bulletin. If the drill bit shank can be inserted through the 
air distribution holes of the manifold, or if a ``type 1'' 
identification plate is installed and inscribed with P/N FGFB134XX 
or P/N FGFB144XX, or if a slat has multiple identification plates 
and the vertical field of the most recent plate is inscribed with 
``F900'' or ``MF900,'' do the actions specified in paragraphs (g)(1) 
and (g)(2) of this AD.
    (1) Before further flight after the inspection required by 
paragraph (g) of this AD: Revise the Limitations and Normal 
Procedures sections of the Dassault Mystere-Falcon 50 Airplane 
Flight Manual (AFM), DTM 813, to include the information in Dassault 
Temporary Change (TC) 61, dated January 27, 2006, as specified in 
the TC; or revise the Limitations and Normal Procedures sections of 
the Dassault Mystere-Falcon 50EX AFM, FM813EX, to include the 
information in Dassault TC 75, dated January 27, 2006, as specified 
in the TC; as applicable. These TCs introduce procedures for 
operation in icing conditions. Operate the airplane according to the 
limitations and procedures in the applicable TC.


    Note 1: This may be done by inserting a copy of TC 61 or TC 75 
in the AFM, as applicable. When the TC has been included in the 
general revisions of the AFM, the general revisions may be inserted 
in the AFM, provided that the relevant information in the general 
revision is identical to that in TC 61 or TC 75, as applicable.


    (2) Within 1,530 flight hours after accomplishing the inspection 
required by paragraph (g) of this AD: Replace the anti-icing 
manifold with an anti-icing manifold of the correct type design, by 
accomplishing all of the actions specified in the applicable service 
bulletin, except as provided by paragraph (f) of this AD. 
Accomplishing the replacement terminates the requirements of 
paragraph (g)(1) of this AD. After the replacement has been done, 
the AFM limitation required by paragraph (g)(1) of this AD may be 
removed from the AFM.

Inspection and Replacement for Certain Airplanes

    (h) For Model Mystere-Falcon 900 airplanes and Falcon 900EX 
airplanes, and Model Falcon 2000 and Falcon 2000EX airplanes: Within 
330 flight hours or 7 months after the effective date of this AD, 
whichever occurs first, inspect the identification plates of the 
outboard slats to determine the type of identification plates and 
the P/Ns, and do all related investigative and corrective actions, 
by accomplishing all of the actions specified in the service 
bulletin, as applicable, except as provided by paragraph (f) of this 
AD. Do all applicable related investigative and corrective actions 
before further flight. A review of airplane maintenance records is 
acceptable in lieu of the inspection if the type of identification 
plate and the P/Ns of the outboard slats can be determined 
conclusively from that review.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) European Aviation Safety Agency (EASA) airworthiness 
directive 2006-0037, dated February 1, 2006, also addresses the 
subject of this AD.

    Issued in Renton, Washington, on September 28, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-16452 Filed 10-4-06; 8:45 am]
BILLING CODE 4910-13-P