[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Rules and Regulations]
[Pages 21225-21227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8253]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0116; Directorate Identifier 2007-NM-257-AD; 
Amendment 39-15474; AD 2008-08-20]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000 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:

    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. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective May 27, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 27, 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, Transport Airplane Directorate, FAA, 
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 February 5, 2008 (73 
FR 6618). That NPRM proposed 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.

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 159 products of U.S. 
registry. We also estimate that it will take about 4 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 $1,423 
per product. Where the service information lists required parts costs 
that are covered under warranty, we

[[Page 21226]]

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 $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 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:

2008-08-20 Dassault Aviation: Amendment 39-15474. Docket No. FAA-
2008-0116; Directorate Identifier 2007-NM-257-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 27, 
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 
redesignations 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.

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

[[Page 21227]]

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.

Material Incorporated by Reference

    (i) You must use Zodiac Service Bulletin 5035-30-001, dated 
April 15, 2002; and Zodiac Service Bulletin 5035-30-002, dated April 
15, 2002; 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.
    (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 April 8, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-8253 Filed 4-18-08; 8:45 am]
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