[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Proposed Rules]
[Pages 6618-6620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1984]


 ========================================================================
 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. 73, No. 24 / Tuesday, February 5, 2008 / 
Proposed Rules  

[[Page 6618]]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0116; Directorate Identifier 2007-NM-257-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000 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:

    Wing anti ice telescopic tubes (P/N [part number] 5035-400 and 
5035-500) ball joints were originally designed with high temperature 
polymer (Kynel TM) sealing rings. Temperature induced 
cracking of these rings associated with long term wear has been 
encountered in a small number of cases. This degradation may lead to 
binding of the ball joint and high swiveling forces which may result 
in improper operation of the leading edge slats and also in failure 
of the ball joint mounting bracket with possible friction on the 
aileron control rod, which could lead, if combined with a failure of 
the aileron emergency actuator, to an aileron jamming.

    The unsafe condition is a jammed aileron, which results in reduced 
controllability of the airplane. 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 March 6, 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-2008-0116; 
Directorate Identifier 2007-NM-257-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 2006-0276, dated September 6, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Wing anti ice telescopic tubes (P/N [part number] 5035-400 and 
5035-500) ball joints were originally designed with high temperature 
polymer (Kynel TM) sealing rings. Temperature induced 
cracking of these rings associated with long term wear has been 
encountered in a small number of cases. This degradation may lead to 
binding of the ball joint and high swiveling forces which may result 
in improper operation of the leading edge slats and also in failure 
of the ball joint mounting bracket with possible friction on the 
aileron control rod, which could lead, if combined with a failure of 
the aileron emergency actuator, to an aileron jamming.
    A replacement carbon based material has been defined by the 
telescopic tube manufacturer Zodiac and can be applied per Zodiac 
Service bulletins (SB) 5035-30-001 and 5035-30-002, resulting in P/N 
re-designations 5035-600 Amdt.A and 5035-700 Amdt.A, respectively.
    The purpose of this Airworthiness Directive (AD), by requiring 
modification of the wing anti-ice telescopic tubes in accordance 
with the Zodiac service bulletins, is to ensure that no old 
definition sealing rings remain in operation beyond a life limit of 
2,400 flight hours (FH) or 2,000 flight cycles (FC).

The unsafe condition is a jammed aileron, which results in reduced 
controllability of the airplane. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Zodiac has issued Service Bulletins 5035-30-001 and 5035-30-002, 
both dated April 15, 2002. 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

[[Page 6619]]

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 159 products of U.S. registry. We also estimate that 
it would take about 4 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 $1,423 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 $277,137, or $1,743 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Dassault Aviation: Docket No. FAA-2008-0116; Directorate Identifier 
2007-NM-257-AD.

Comments Due Date

    (a) We must receive comments by March 6, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Falcon 2000 airplanes, 
certificated in any category; all serial numbers; equipped with wing 
anti-ice telescopic tubes having part number (P/N) 5035-400 or 5035-
500.

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and 
rain protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Wing anti ice telescopic tubes (P/N [part number] 5035-400 and 
5035-500) ball joints were originally designed with high temperature 
polymer (Kynel TM) sealing rings. Temperature induced 
cracking of these rings associated with long term wear has been 
encountered in a small number of cases. This degradation may lead to 
binding of the ball joint and high swiveling forces which may result 
in improper operation of the leading edge slats and also in failure 
of the ball joint mounting bracket with possible friction on the 
aileron control rod, which could lead, if combined with a failure of 
the aileron emergency actuator, to an aileron jamming.
    A replacement carbon based material has been defined by the 
telescopic tube manufacturer Zodiac and can be applied per Zodiac 
Service bulletins (SB) 5035-30-001 and 5035-30-002, resulting in P/N 
re-designations 5035-600 Amdt.A and 5035-700 Amdt.A, respectively.
    The purpose of this Airworthiness Directive (AD), by requiring 
modification of the wing anti-ice telescopic tubes in accordance 
with the Zodiac service bulletins, is to ensure that no old 
definition sealing rings remain in operation beyond a life limit of 
2,400 flight hours (FH) or 2,000 flight cycles (FC).
    The unsafe condition is a jammed aileron, which results in 
reduced controllability of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the later of the compliance times specified in paragraphs 
(f)(1)(i) and (f)(1)(ii) of this AD, remove and modify the affected 
tubes in accordance with instructions contained in Zodiac Service 
Bulletins 5035-30-001 and 5035-30-002, both dated April 15, 2002.
    (i) Before the telescopic tubes, P/N 5035-400 and 5035-500, 
exceed the limit of 2,400 flight hours, or 2,000 flight cycles, 
time-in-service since new, whichever occurs first.
    (ii) At the earlier of the times specified in paragraphs 
(f)(1)(ii)(A) and (f)(1)(ii)(B) of this AD.
    (A) Within 330 flight hours after the effective date of this AD.
    (B) Within 7 months after the effective date of this AD.
    (2) As of 7 months after the effective date of this AD, no 
person may install an affected telescopic tube P/N 5035-400 or 5035-
500 in any aircraft as a replacement part, unless it has been 
modified in accordance with instructions contained in Zodiac Service 
Bulletins 5035-30-001 and 5035-30-002, both dated April 15, 2002.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.


[[Page 6620]]



Other FAA AD Provisions

    (g) 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 
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

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2006-0276, dated September 6, 2006; and 
Zodiac Service Bulletins 5035-30-001 and 5035-30-002, both dated 
April 15, 2002; for related information.

    Issued in Renton, Washington, on January 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-1984 Filed 2-4-08; 8:45 am]
BILLING CODE 4910-13-P