[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Proposed Rules]
[Pages 45958-45961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16124]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28941; Directorate Identifier 2006-NM-276-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000, Falcon 
2000EX, Mystere-Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-
Falcon 50, Mystere-Falcon 20, Mystere-Falcon 200, and Falcon 10 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all Dassault Model Falcon 2000, Mystere-
Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-
Falcon 20, Mystere-Falcon 200, and Falcon 10 series airplanes. The 
existing AD currently requires repetitive tests and inspections to 
detect discrepancies of the overwing emergency exit, and corrective 
action if necessary. This proposed AD would expand the applicability of 
the existing AD and extend the repetitive test and inspection interval 
for all airplanes. This proposed AD results from reports of incorrect 
operation of the overwing emergency exit due to interference between 
the emergency exit and the interior accommodation. We are proposing 
this AD to prevent failure of the overwing emergency exits to open, and 
consequent injury to passengers or crew members during an emergency 
evacuation.

DATES: We must receive comments on this proposed AD by September 17, 
2007.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Fax: (202) 493-2251.

[[Page 45959]]

     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., 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 ``Docket No. 
FAA-2007-28941; Directorate Identifier 2006-NM-276-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 Operations office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Docket Operations office (telephone (800) 647-5527) is located on the 
ground level of the West 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

    On June 9, 2000, we issued AD 2000-12-15, amendment 39-11793 (65 FR 
37480, June 15, 2000), for all Dassault Model Falcon 2000, Mystere-
Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-
Falcon 20, Mystere-Falcon 200, and Falcon 10 series airplanes. That AD 
requires repetitive tests and inspections to detect discrepancies of 
the overwing emergency exit, and corrective action if necessary. That 
AD resulted from issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. We issued that 
AD to prevent failure of the overwing emergency exits to open, and 
consequent injury to passengers or crew members during an emergency 
evacuation.

Actions Since Existing AD Was Issued

    Since we issued AD 2000-12-15, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, has issued the following EASA airworthiness 
directives, all dated June 7, 2006:
     2006-0147 (for Model Falcon 10 airplanes);
     2006-0148 (for Model Falcon 2000 and Falcon 2000EX 
airplanes);
     2006-0149 (for Model Mystere-Falcon 50, Mystere-Falcon 
900, and Falcon 900EX airplanes); and
     2006-0156 (for Model Fan Jet Falcon, Mystere-Falcon 20, 
and Mystere-Falcon 200 airplanes).
    The EASA airworthiness directives supersede the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) airworthiness 
directives referenced in the existing AD for accomplishing the required 
actions. The DGAC airworthiness directives require repeating the 
operational test and inspection at intervals not to exceed 13 months; 
the EASA airworthiness directives extend that interval to 24 months, 
and EASA airworthiness directive 2006-0148 adds Model Falcon 2000EX to 
the applicability specified in the existing AD.

FAA's Determination and Requirements of the Proposed AD

    These airplanes 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. Pursuant to this 
bilateral airworthiness agreement, 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 AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2000-12-15 and would retain the 
requirements of the existing AD. This proposed AD would expand the 
applicability of the existing AD and extend the repetitive test and 
inspection interval for all airplanes.

Explanation of Changes Made to Existing AD

    This proposed AD would retain all requirements of AD 2000-12-15. 
Since that AD was issued, the AD format has been revised, and certain 
paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                             Corresponding  requirement
       Requirement in AD 2000-12-15              in this proposed AD
------------------------------------------------------------------------
Paragraph (a).............................  Paragraph (f).
Paragraph (b).............................  Paragraph (h).
Paragraph (c).............................  Paragraph (i).
------------------------------------------------------------------------

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this proposed AD, 
we have retained the language of the existing AD regarding that 
material.
    We have clarified the inspection requirement contained in the 
proposed AD. Whereas the existing AD specifies a detailed visual 
inspection, we have revised this proposed AD to clarify that our intent 
is to require a detailed inspection. Additionally, a note has been 
added to the proposed AD to define that inspection.
    We have revised the existing AD to clarify the appropriate 
procedure for notifying the principal inspector before using any 
approved alternative method of compliance (AMOC) on any airplane to 
which the AMOC applies.
    We have revised the applicability of the existing AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.
    After the existing AD was issued, we reviewed the figures we have 
used over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline

[[Page 45960]]

industry, we find it necessary to increase the labor rate used in these 
calculations from $60 per work hour to $80 per work hour. The cost 
impact information, below, reflects this increase in the specified 
hourly labor rate.

Costs of Compliance

    This proposed AD would affect about 870 airplanes of U.S. registry.
    The actions that are required by AD 2000-12-15 and retained in this 
proposed AD take about 1 work hour per airplane, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $80 per airplane, per test and 
inspection cycle.
    The new proposed actions would take about 1 work hour per airplane, 
at an average labor rate of $80 per work hour. Based on these figures, 
the estimated cost of the new actions specified in this proposed AD for 
U.S. operators is $69,600, or $80 per airplane, per test and inspection 
cycle.

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 
removing amendment 39-11793 (65 FR 37480, June 15, 2000) and adding the 
following new airworthiness directive (AD):

Dassault Aviation (Formerly Avions Marcel Dassault-Breguet Aviation 
(AMD/BA)): Docket No. FAA-2007-28941; Directorate Identifier 2006-
NM-276-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
17, 2007.

Affected ADs

    (b) This AD supersedes AD 2000-12-15.

Applicability

    (c) This AD applies to all Dassault Model Falcon 2000, Falcon 
2000EX, Mystere-Falcon 900, Falcon 900EX, Fan Jet Falcon, Mystere-
Falcon 50, Mystere-Falcon 20, Mystere-Falcon 200, and Falcon 10 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report of incorrect operation of the 
overwing emergency exit. We are issuing this AD to prevent failure 
of the overwing emergency exits to open, and consequent injury to 
passengers or crew members during an emergency evacuation.

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.

Restatement of Requirements of AD 2000-12-15 With Revised Repetitive 
Interval

Operational Test and Inspection

    (f) For Dassault Model Falcon 2000, Mystere-Falcon 900, Falcon 
900EX, Fan Jet Falcon, Mystere-Falcon 50, Mystere-Falcon 20, 
Mystere-Falcon 200, and Falcon 10 airplanes: Within 30 days after 
July 20, 2000 (the effective date of AD 2000-12-15), perform an 
operational test and detailed inspection of the overwing emergency 
exit from inside the cabin to detect discrepancies (including 
separation, tearing, wearing, arcing, cracking) in the areas and 
components listed in Chapter 5 (ATA Code 52) of the applicable 
airplane maintenance manual (AMM). Accomplish the actions in 
accordance with the applicable AMM. If any discrepancy is detected 
during any test or inspection required by this paragraph, prior to 
further flight, repair in accordance with Chapter 5 (ATA Code 52) of 
the applicable AMM. Repeat the operational test and inspection 
thereafter at intervals not to exceed 24 months.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive visual examination of a specific structural area, 
system, installation, or assembly to detect damage, failure, or 
irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at intensity deemed appropriate by 
the inspector. Inspection aids such as mirror, magnifying lenses, 
etc., may be used. Surface cleaning and elaborate access procedures 
may be required.''

New Requirements of This AD

Operational Test and Inspection

    (g) For Dassault Model Falcon 2000EX airplanes: Within 30 days 
after the effective date of this AD, perform the operational test 
and detailed inspection of the overwing emergency exit required by 
paragraph (f) of this AD. If any discrepancy is detected during any 
test or inspection required by this paragraph, prior to further 
flight, repair as required by paragraph (f). Repeat the operational 
test and inspection at intervals not to exceed 24 months.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, 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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
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.

Special Flight Permits

    (i) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to

[[Page 45961]]

a location where the requirements of this AD can be accomplished.

Related Information

    (j) European Aviation Safety Agency airworthiness directives 
2006-0147, 2006-0148, 2006-0149, and 2006-0156, all dated June 7, 
2006, also address the subject of this AD.

    Issued in Renton, Washington, on July 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-16124 Filed 8-15-07; 8:45 am]
BILLING CODE 4910-13-P