[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Proposed Rules]
[Pages 16784-16787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6522]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0365; Directorate Identifier 2007-NM-274-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Myst[egrave]re-Falcon 
900 and Falcon 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:

    This Airworthiness Directive (AD) is issued following the 
discovery of a potential chafing between the feeder bundle and the 
right side partition wall separating the cabin from the lavatory at 
frames 22/23. This chafing may damage the feeder bundle and cause a 
sustained smoke-generating short-circuit between the feeder and the 
partition

[[Page 16785]]

wall made of resistive composite material. Strong smoke and a 
difficult-to-localize short-circuit may result in a hazardous 
situation.

The unsafe condition is sustained smoke in the cabin, which may lead to 
reduced ability of the flightcrew to operate 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 30, 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-2008-0365; 
Directorate Identifier 2007-NM-274-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 2006-0270, dated September 4, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    This Airworthiness Directive (AD) is issued following the 
discovery of a potential chafing between the feeder bundle and the 
right side partition wall separating the cabin from the lavatory at 
frames 22/23. This chafing may damage the feeder bundle and cause a 
sustained smoke-generating short-circuit between the feeder and the 
partition wall made of resistive composite material. Strong smoke 
and a difficult-to-localize short-circuit may result in a hazardous 
situation.

    The unsafe condition is sustained smoke in the cabin, which may 
lead to reduced ability of the flightcrew to operate the airplane. 
Corrective actions include inspecting for damage of the feeder cables, 
repairing any damaged feeder cable, installing a protective Teflon tube 
over the feeder cable bundle, and modifying the partition wall. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Dassault has issued the service information described in the 
following table.

                                          Dassault Service Information
----------------------------------------------------------------------------------------------------------------
                                                                          Revision
           Airplane model                     Service Bulletin             level                Dated
----------------------------------------------------------------------------------------------------------------
Falcon 900EX.......................  F900EX-241.......................            1  July 19, 2006.
Falcon 900EX.......................  F900EX-251.......................            1  July 19, 2006.
Myst[egrave]re-Falcon 900..........  F900-358.........................            1  July 19, 2006.
Myst[egrave]re-Falcon 900..........  F900-359.........................            1  July 19, 2006.
----------------------------------------------------------------------------------------------------------------

    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 38 products of U.S. registry. We also estimate that 
it would take about 3 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor

[[Page 16786]]

rate is $80 per work-hour. Required parts would cost about $34 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 $10,412, or $274 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-2008-0365; Directorate Identifier 
2007-NM-274-AD.

Comments Due Date

    (a) We must receive comments by April 30, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Dassault airplanes described in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category.
    (1) Model Myst[egrave]re-Falcon 900 airplanes, serial numbers 
188 through 202 inclusive, except those on which both Dassault 
Service Bulletins F900-358 and F900-359 have already been 
implemented, or Modification M3891 has already been implemented.
    (2) Model Falcon 900EX airplanes, serial numbers 82 through 146 
inclusive, except those on which both Dassault Service Bulletins 
F900EX-241 and F900EX-251 have already been implemented, or 
Modification M3891 has already been implemented.

Subject

    (d) Air Transport Association (ATA) of America Code 24: 
Electrical Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    This Airworthiness Directive (AD) is issued following the 
discovery of a potential chafing between the feeder bundle and the 
right side partition wall separating the cabin from the lavatory at 
frames 22/23. This chafing may damage the feeder bundle and cause a 
sustained smoke-generating short-circuit between the feeder and the 
partition wall made of resistive composite material. Strong smoke 
and a difficult-to-localize short-circuit may result in a hazardous 
situation.
The unsafe condition is sustained smoke in the cabin, which may lead 
to reduced ability of the flightcrew to operate the airplane. 
Corrective actions include inspecting for damage of the feeder 
cables, repairing any damaged feeder cable, installing a protective 
Teflon tube over the feeder cable bundle, and modifying the 
partition wall.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For Model Myst[egrave]re-Falcon 900 airplanes: Do the 
actions specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Within 330 flight hours or 7 months after the effective date 
of this AD, whichever occurs first, inspect for damage of the feeder 
cable bundle at the right side partition wall at frames 22/23, and, 
if no damage of any feeder cable is found, before further flight, 
install a protective Teflon tube over the feeder cable bundle; in 
accordance with the Accomplishment Instructions of Dassault Service 
Bulletin F900-358, Revision 1, dated July 19, 2006. If chafing or 
damage of any feeder cable is found, before further flight, repair 
the feeder cable in accordance with the Accomplishment Instructions 
of Dassault Service Bulletin F900-359, Revision 1, dated July 19, 
2006; and install a protective Teflon tube over the feeder cable 
bundle in accordance with Dassault Service Bulletin F900-359, 
Revision 1, or Dassault Service Bulletin F900-358, Revision 1.
    (ii) Within 3,750 flight cycles or 74 months after the effective 
date of this AD, whichever occurs first, modify the right side 
partition wall at frames 22/23; in accordance with the 
Accomplishment Instructions of Dassault Service Bulletin F900-359, 
Revision 1, dated July 19, 2006. Implementation of both Dassault 
Service Bulletin F900-358 and Dassault Service Bulletin F900-359, 
both Revision 1, both dated July 19, 2006, terminates the 
requirements of this AD for Model Myst[egrave]re-Falcon 900 
airplanes.
    (2) For Model Falcon 900EX airplanes: Do the actions specified 
in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD.
    (i) Within 330 flight hours or 7 months after the effective date 
of this AD, whichever occurs first, inspect for damage of the feeder 
cable bundle at the right side partition wall at frames 22/23, and, 
if no such damage of any feeder cable is found, before further 
flight, install a protective Teflon tube over the feeder cable 
bundle; in accordance with the Accomplishment Instructions of 
Dassault Service Bulletin F900EX-241, Revision 1, dated July 19, 
2006. If any damage of any feeder cable is found, before further 
flight, repair the feeder cable in accordance with the 
Accomplishment Instructions of Dassault Service Bulletin F900EX-251, 
Revision 1, dated July 19, 2006; and install a protective Teflon 
tube over the feeder cable bundle in accordance with Dassault 
Service Bulletin F900EX-251, Revision 1, or Dassault Service 
Bulletin F900EX-241, Revision 1.
    (ii) Within 3,750 flight cycles or 74 months after the effective 
date of this AD, whichever occurs first, modify the right side 
partition wall at frames 22/23, in accordance with the 
Accomplishment Instructions of Dassault Service Bulletin F900EX-251, 
Revision 1, dated July 19, 2006. Implementation of both Dassault 
Service Bulletin F900EX-241 and Dassault Service Bulletin F900EX-
251, both Revision 1, both dated July 19, 2006, terminates the 
requirements of this AD for Model Falcon 900EX airplanes.

[[Page 16787]]

Actions Accomplished According to Previous Issue of Service Bulletin

    (g) Actions accomplished before the effective date of this AD, 
in accordance with the service information described in Table 1 of 
this AD, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

                                     Table 1.--Previous Service Information
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              Airplane model                      Dassault Service Bulletin                     Dated
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Falcon 900EX.............................  F900EX-241.............................  October 19, 2005.
Falcon 900EX.............................  F900EX-251.............................  October 19, 2005.
Myst[egrave]re-Falcon 900................  F900-358...............................  October 19, 2005.
Myst[egrave]re-Falcon 900................  F900-359...............................  October 19, 2005.
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FAA AD Differences

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

Other FAA AD Provisions

    (h) 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

    (i) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2006-0270, dated September 4, 2006, and the 
service bulletins described in Table 2 of this AD, for related 
information.

                 Table 2.--Dassault Service Information
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                                       Revision
          Service  Bulletin             level             Dated
------------------------------------------------------------------------
F900EX-241..........................          1  July 19, 2006.
F900EX-251..........................          1  July 19, 2006.
F900-358............................          1  July 19, 2006.
F900-359............................          1  July 19, 2006.
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    Issued in Renton, Washington, on March 21, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-6522 Filed 3-28-08; 8:45 am]
BILLING CODE 4910-13-P