[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Rules and Regulations]
[Pages 11542-11544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3816]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0182; Directorate Identifier 2007-NM-138-AD; 
Amendment 39-15401; AD 2008-05-07]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Fan Jet Falcon, Fan Jet 
Falcon Series C, D, E, F, and G Airplanes; Model Mystere-Falcon 200 
Airplanes; and Model Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-F5 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    One occurrence has been reported where a maintenance operation 
had been performed on the elevator controls, and bellcrank * * * 
located in the Right Hand MLG (main landing gear) wheel well was 
mistakenly installed upside down. This discrepancy and improper 
installation caused an unexpected 5[deg] positioning offset of the 
elevator control surfaces leading to a hazardous condition on 
landing, [involving] the pilot being unable to flare the aircraft as 
needed * * * [which resulted in a hard landing].

    The unsafe condition is reduced controllability of the airplane. We 
are issuing this AD to require actions to correct the unsafe condition 
on these products.

DATES: This AD becomes effective April 8, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 8, 
2008.

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, FAA, Transport Airplane Directorate, 
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 November 13, 2007 
(72 FR 63829). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    One occurrence has been reported where a maintenance operation 
had been performed on the elevator controls, and bellcrank P/N (part 
number) MY20273017 or P/N MY20273017015 located in the Right Hand 
MLG (main landing gear) wheel well was mistakenly installed upside 
down. This discrepancy and improper installation caused an 
unexpected 5[deg] positioning offset of the elevator control 
surfaces leading to a hazardous condition on landing, [involving] 
the pilot being unable to flare the aircraft as needed * * * [which 
resulted in a hard landing].
    The purpose of this AD is to prevent reoccurrence of this kind 
of incident introducing disabusing markings on the incriminated 
parts by applying SB (Service Bulletin) F20-768 or SB F200-122 as 
appropriate.

    The unsafe condition is reduced controllability of the airplane. 
Corrective actions include verifying the correct assembly of the 
elevator bellcrank and re-installing if necessary. 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 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.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 255 products of U.S. 
registry. We also estimate that it will take about 3 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $9 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 $63,495, or $249 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,

[[Page 11543]]

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 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); 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 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, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-05-07 Dassault Aviation (Formerly Avions Marcel Dassault-
Breguet Aviation (AMD/BA)): Amendment 39-15401. Docket No. FAA-2007-
0182; Directorate Identifier 2007-NM-138-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 8, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Dassault Model Fan Jet Falcon, Fan 
Jet Falcon series C, D, E, F, and G airplanes; Model Mystere-Falcon 
200 airplanes; and Model Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-
F5 airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    One occurrence has been reported where a maintenance operation 
had been performed on the elevator controls, and bellcrank P/N (part 
number) MY20273017 or P/N MY20273017015 located in the Right Hand 
MLG (main landing gear) wheel well was mistakenly installed upside 
down. This discrepancy and improper installation caused an 
unexpected 5[deg] positioning offset of the elevator control 
surfaces leading to a hazardous condition on landing, [involving] 
the pilot being unable to flare the aircraft as needed * * * [which 
resulted in a hard landing].
    The purpose of this AD is to prevent reoccurrence of this kind 
of incident introducing disabusing markings on the incriminated 
parts by applying SB (Service Bulletin) F20-768 or SB F200-122 as 
appropriate.
    The unsafe condition is reduced controllability of the airplane. 
Corrective actions include verifying the correct assembly of the 
elevator bellcrank and re-installing if necessary.

Actions and Compliance

    (f) Within 74 months from the effective date of this AD, unless 
already done, do the following actions.
    (1) Verify the correct assembly of the elevator bellcrank P/N 
(part number) MY20273-17 or P/N MY20273-17-15 at frame 26, as 
instructed in Dassault Service Bulletin F20-768, dated May 23, 2006; 
or Dassault Service Bulletin F200-122, dated May 23, 2006; as 
applicable.
    (2) If the elevator bellcrank is found in the reverse 
orientation, reinstall it prior to next flight in accordance with 
Dassault Service Bulletin F20-768, dated May 23, 2006; or Dassault 
Service Bulletin F200-122, dated May 23, 2006; as applicable.
    (3) Label the elevator bellcrank as instructed in Dassault 
Service Bulletin F20-768, dated May 23, 2006; or Dassault Service 
Bulletin F200-122, dated May 23, 2006; as applicable.

FAA AD Differences

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

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, FAA, 
Transport Airplane Directorate, 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 Airworthiness 
Directive 2006-0185, dated July 6, 2006, and Dassault Service 
Bulletins F20-768 and F200-122, both dated May 23, 2006, for related 
information.

Material Incorporated by Reference

    (i) You must use Dassault Service Bulletin F20-768, dated May 
23, 2006; or Dassault Service Bulletin F200-122, dated May 23, 2006; 
as applicable, to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 
07606.

[[Page 11544]]

    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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 Renton, Washington, on February 20, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-3816 Filed 3-3-08; 8:45 am]
BILLING CODE 4910-13-P