[Federal Register Volume 73, Number 50 (Thursday, March 13, 2008)]
[Proposed Rules]
[Pages 13509-13511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5016]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0296; Directorate Identifier 2007-NM-307-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 20-C5, 
20-D5, and 20-E5 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

[[Page 13510]]

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:

    This Airworthiness Directive (AD) is prompted by the discovery 
on an in-service Mystere-Falcon 20-C5 of a collapsed wing anti-ice 
flexible hose due to internal ply separation.
    Consequences on the aircraft can be insufficient anti-icing not 
detected by the monitoring system. Ice accretion on the wing might 
then occur and might jeopardize the aircraft flight performance and 
safety.
* * * * *
The unsafe condition is undetected excessive ice build-up on the wings, 
which could interfere with 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 April 14, 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, 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 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-2008-0296; 
Directorate Identifier 2007-NM-307-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 2007-0227, dated September 17, 2007 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    This Airworthiness Directive (AD) is prompted by the discovery 
on an in-service Mystere-Falcon 20-C5 of a collapsed wing anti-ice 
flexible hose due to internal ply separation.
    Consequences on the aircraft can be insufficient anti-icing not 
detected by the monitoring system. Ice accretion on the wing might 
then occur and might jeopardize the aircraft flight performance and 
safety.
    The present AD mandates replacement of the wing anti-ice 
flexible hoses by new ones of an improved design.

The unsafe condition is undetected excessive ice build-up on the wings, 
which could interfere with controllability of the airplane. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Dassault has issued Service Bulletin F20-775, dated July 9, 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 214 products of U.S. registry. We also estimate that 
it would take about 5 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 $887 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 $275,418, or $1,287 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

[[Page 13511]]

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 (Formerly Avions Marcel Dassault-Breguet Aviation 
(AMD/BA)): Docket No. FAA-2008-0296; Directorate Identifier 2007-NM-
307-AD.

Comments Due Date

    (a) We must receive comments by April 14, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Mystere-Falcon 20-C5, 20-
D5, and 20-E5 airplanes, certificated in any category, all serial 
numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and 
Rain Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    This Airworthiness Directive (AD) is prompted by the discovery 
on an in-service Mystere-Falcon 20-C5 of a collapsed wing anti-ice 
flexible hose due to internal ply separation.
    Consequences on the aircraft can be insufficient anti-icing not 
detected by the monitoring system. Ice accretion on the wing might 
then occur and might jeopardize the aircraft flight performance and 
safety.
    The present AD mandates replacement of the wing anti-ice 
flexible hoses by new ones of an improved design.

The unsafe condition is undetected excessive ice build-up on the 
wings, which could interfere with controllability of the airplane.

Actions and Compliance

    (f) Within 7 months after the effective date of this AD, unless 
already done, do the following actions.
    (1) Inspect to determine whether any wing anti-ice flexible hose 
having part number (P/N) FAL1006 or P/N ARM224A is installed. A 
review of airplane maintenance records is acceptable in lieu of this 
inspection if the part number of the wing anti-ice flexible hose can 
be conclusively determined from that review. If any wing anti-ice 
flexible hose does not have P/N FAL1006 or P/N ARM224A, no further 
action is required by this AD for that hose, except as required by 
paragraph (f)(3) of this AD.
    (2) Remove any wing anti-ice flexible hose having P/N FAL1006 or 
P/N ARM224A, and install a new hose having ESPA P/N 60503104509; in 
accordance with the Accomplishment Instructions of Dassault Aviation 
Service Bulletin F20-775, dated July 9, 2007.
    (3) As of the effective date of this AD, no person shall install 
any flexible hose having P/N FAL1006 or P/N ARM224A on any Model 
Mystere-Falcon 20-C5, 20-D5, or 20-E5 airplane specified in the 
applicability of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: The MCAI does not require inspecting to determine the 
part numbers of the wing anti-ice flexible hoses. This AD requires 
such an inspection.

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, 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 EASA Airworthiness Directive 2007-0227, dated 
September 17, 2007, and Dassault Aviation Service Bulletin F20-775, 
dated July 9, 2007, for related information.

    Issued in Renton, Washington, on March 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-5016 Filed 3-12-08; 8:45 am]
BILLING CODE 4910-13-P