[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34851-34854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13589]


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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; 
Amendment 39-15563; AD 2008-12-19]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 900 and 
Falcon 900EX 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:

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

DATES: This AD becomes effective July 24, 2008.

[[Page 34852]]

    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as July 24, 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 March 31, 2008 (73 
FR 16784). That NPRM proposed 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.

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 38 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 $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 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 $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 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:

2008-12-19 Dassault Aviation: Amendment 39-15563. Docket No. FAA-
2008-0365; Directorate Identifier 2007-NM-274-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 24, 
2008.

Affected ADs

    (b) None.

[[Page 34853]]

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.

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                     Date
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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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          Service bulletin            Revision            Dated
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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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Material Incorporated by Reference

    (j) You must use the service information specified in Table 3 of 
this AD to do the

[[Page 34854]]

actions required by this AD, as applicable, 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.

              Table 3.--Material Incorporated by Reference
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     Dassault service bulletin        Revision            Date
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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 June 5, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-13589 Filed 6-18-08; 8:45 am]
BILLING CODE 4910-13-P