[Federal Register Volume 73, Number 53 (Tuesday, March 18, 2008)]
[Proposed Rules]
[Pages 14403-14405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5371]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0301; Directorate Identifier 2007-NM-284-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000EX and 900EX 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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:

    On early FALCON airplanes featuring the EASy cockpit, a new 
oxygen controller has been installed. An internal review has 
determined that the passenger oxygen mask boxes do not fit this new 
controller. In OVERRIDE mode, that is to say, when the internal 
pressure reducer is by-passed, oxygen (O2) flow is 
nominal, while in NORMAL mode O2 flow is reduced by half 
compared to what it should be.
    Consequently, in NORMAL mode the minimum mass flow of 
supplemental O2 for each passenger, as required by Certification 
Specifications, is no longer met. This could lead to passenger 
incommodation due to insufficient body oxygenation.

The unsafe condition is incorrectly fitted passenger oxygen mask boxes 
for the new controllers, which could result in incapacitation of 
passengers due to insufficient oxygen in the event of rapid 
depressurization of the airplane when the controller is in NORMAL mode. 
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 17, 2008.

ADDRESSES: You may send comments by any of the following methods:

[[Page 14404]]

     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-2008-0301; 
Directorate Identifier 2007-NM-284-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 
Airworthiness Directive 2007-0073, dated March 22, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    On early FALCON airplanes featuring the EASy cockpit, a new 
oxygen controller has been installed. An internal review has 
determined that the passenger oxygen mask boxes do not fit this new 
controller. In OVERRIDE mode, that is to say, when the internal 
pressure reducer is by-passed, oxygen (O2) flow is 
nominal, while in NORMAL mode O2 flow is reduced by half 
compared to what it should be.
    Consequently, in NORMAL mode the minimum mass flow of 
supplemental O2 for each passenger, as required by 
Certification Specifications, is no longer met. This could lead to 
passenger incommodation due to insufficient body oxygenation.
    The purpose of this Airworthiness Directive (AD) is to mandate 
the replacement of the passenger oxygen mask boxes by new-design 
ones [boxes] adapted to the controller.

The unsafe condition is incorrectly fitted passenger oxygen mask boxes 
for the new controllers, which could result in incapacitation of 
passengers due to insufficient oxygen in the event of rapid 
depressurization of the airplane when the controller is in NORMAL mode. 
You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Dassault has issued Service Bulletins F900EX-257 and F2000EX-61, 
both Revision 1, both dated March 22, 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 27 products of U.S. registry. We also estimate that 
it would take about 16 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 $0 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 $34,560, or $1,280 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.

[[Page 14405]]

    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-2008-0301; Directorate Identifier 
2007-NM-284-AD.

Comments Due Date

    (a) We must receive comments by April 17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Falcon 2000EX and 900EX 
airplanes, certificated in any category, as identified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) Falcon 900EX airplanes, serial number (S/N) 120 through 146 
inclusive, on which Dassault Service Bulletin F900EX-257 has not 
been implemented.
    (2) Falcon 2000EX airplanes, S/N 28 through 55 inclusive, on 
which Dassault Service Bulletin F2000EX-61 has not been implemented.

Subject

    (d) Air Transport Association (ATA) of America Code 35: Oxygen.

Reason

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

    On early FALCON airplanes featuring the EASy cockpit, a new 
oxygen controller has been installed. An internal review has 
determined that the passenger oxygen mask boxes do not fit this new 
controller. In OVERRIDE mode, that is to say, when the internal 
pressure reducer is by-passed, oxygen (O2) flow is 
nominal, while in NORMAL mode O2 flow is reduced by half 
compared to what it should be.
    Consequently, in NORMAL mode the minimum mass flow of 
supplemental O2 for each passenger, as required by 
Certification Specifications, is no longer met. This could lead to 
passenger incommodation due to insufficient body oxygenation.
    The purpose of this Airworthiness Directive (AD) is to mandate 
the replacement of the passenger oxygen mask boxes by new-designed 
ones [boxes] adapted to the controller.

The unsafe condition is incorrectly fitted passenger oxygen mask 
boxes for the new controllers, which could result in incapacitation 
of passengers due to insufficient oxygen in the event of rapid 
depressurization of the airplane when the controller is in NORMAL 
mode.

Actions and Compliance

    (f) Unless already done do the following actions:
    (1) Within 15 months after the effective date of this AD, 
replace the passenger oxygen mask boxes in accordance with Dassault 
Service Bulletins F900EX-257 or F2000EX-61, both Revision 1, both 
dated March 22, 2007, as applicable.
    (2) Actions done before the effective date of this AD in 
accordance with Dassault Service Bulletins F900EX-257 dated March 
15, 2006, and F2000EX-61, dated March 22, 2006; are acceptable for 
compliance with the corresponding actions of this AD.

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, 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 2007-0073, dated 
March 22, 2007, and Dassault Service Bulletins F900EX-257 and 
F2000EX-61, both Revision 1, both dated March 22, 2007, for related 
information.

    Issued in Renton, Washington, on March 9, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
 [FR Doc. E8-5371 Filed 3-17-08; 8:45 am]
BILLING CODE 4910-13-P