[Federal Register Volume 73, Number 125 (Friday, June 27, 2008)]
[Proposed Rules]
[Pages 36473-36475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14575]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / 
Proposed Rules  

[[Page 36473]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0674; Directorate Identifier 2008-NM-086-AD]
RIN 2120-AA64


Airworthiness Directives; Avions Marcel Dassault-Breguet Model 
Falcon 10 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all Avions Marcel Dassault-Breguet Model 
Falcon 10 airplanes. The existing AD currently requires either revising 
the airplane flight manual (AFM) and installing a placard in the flight 
deck to prohibit flight into known or forecasted icing conditions, or 
repetitively inspecting for delamination of the flexible hoses in the 
wing (slat) anti-icing system and performing corrective actions if 
necessary. The existing AD also requires replacement of the flexible 
hoses installed in the slat anti-icing systems, which ends the 
repetitive inspections. This proposed AD would continue to require 
replacement of the flexible hoses installed in the slat anti-icing 
systems with new hoses, but at intervals defined in flight hours 
instead of flight cycles. This proposed AD results from information we 
received from operators and the airplane manufacturer indicating that 
the repetitive interval for the required replacement deviated from the 
referenced service information. We are proposing this AD to prevent 
collapse of the flexible hoses in the slat anti-icing system, which 
could lead to insufficient anti-icing capability and, if icing is 
encountered in this situation, could result in reduced controllability 
of the airplane.

DATES: We must receive comments on this proposed AD by July 28, 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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Dassault 
Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
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 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-2008-0674; 
Directorate Identifier 2008-NM-086-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 because of 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

    On August 17, 2007, we issued AD 2007-18-08, amendment 39-15188 (72 
FR 51161, September 6, 2007), for all Avions Marcel Dassault-Breguet 
Model Falcon 10 airplanes. That AD requires either revising the 
airplane flight manual (AFM) and installing a placard in the flight 
deck to prohibit flight into known or forecasted icing conditions, or 
repetitively inspecting for delamination of the flexible hoses in the 
wing (slat) anti-icing system and performing corrective actions if 
necessary. That AD also requires replacement of the flexible hoses 
installed in the slat anti-icing systems with new hoses, which ends the 
repetitive inspections. That AD resulted from a report of in-service 
delamination of a flexible hose in the slat anti-icing system at a time 
earlier than previously reported. We issued that AD to prevent collapse 
of the flexible hoses in the slat anti-icing system, which could lead 
to insufficient anti-icing capability and, if icing is encountered in 
this situation, could result in reduced controllability of the 
airplane.

Actions Since Existing AD Was Issued

    Since issuance of AD 2007-18-08, we have received information from 
operators and the airplane manufacturer indicating that the repetitive 
interval for accomplishing the replacement of the flexible hoses 
required by paragraph (k) of that AD deviated from the referenced 
service information (i.e., Dassault Service Bulletin F10-313, Revision 
1, dated May 10, 2006). As published, paragraph (k) of AD 2007-11-07 
reads ``* * * Repeat the hose replacement at intervals not to exceed 
700 flight cycles.'' The term ``flight cycles'' is incorrect. We 
inadvertently used the term ``flight cycles'' instead of ``flight 
hours'' in this sentence. Therefore, we have determined that additional 
rulemaking is necessary to revise the repetitive interval for replacing 
the flexible hoses from 700 flight cycles to 700 flight hours.

[[Page 36474]]

Existing Relevant Service Information

    Dassault has previously issued Service Bulletin F10-313, Revision 
1, dated May 10, 2006. The service bulletin describes procedures for 
replacing the flexible hoses installed in the slat anti-icing system 
with new hoses. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition. The 
EASA mandated the service information and issued EASA airworthiness 
directive 2006-0114, dated May 10, 2006, to ensure the continued 
airworthiness of these airplanes in the European Union.

FAA's Determination and Requirements of the Proposed AD

    These airplanes are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. As described in FAA 
Order 8100.14A, ``Interim Procedures for Working with the European 
Community on Airworthiness Certification and Continued Airworthiness,'' 
dated August 12, 2005, the EASA has kept the FAA informed of the 
situation described above. We have examined the EASA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2007-18-08 and would continue 
to require replacement of the flexible hoses installed in the slat 
anti-icing systems with new hoses, but at new repetitive intervals. 
This proposed AD would require accomplishing the actions specified in 
service bulletin described previously.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 2007-18-
08. As a result, the corresponding paragraph identifiers have changed 
in this proposed AD, as listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                            Corresponding requirement in
       Requirement in AD 2007-18-08               this proposed AD
------------------------------------------------------------------------
paragraph (k).............................   paragraph (f).
paragraph (l).............................   paragraph (g).
------------------------------------------------------------------------

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Number of U.S.-registered
                Action                     Work hours         Parts           Cost per airplane              airplanes                 Fleet cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hose replacement......................               8             $880   $1,520 per replacement     Up to 146................  Up to $221,920, per
                                                                           cycle.                                                replacement cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 have 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 that the 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. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-15188 (72 FR 51161, September 6, 2007) and adding 
the following new airworthiness directive (AD):

Avions Marcel Dassault-Breguet Aviation (AMD/BA): Docket No. FAA-
2008-0674; Directorate Identifier 2008-NM-086-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 28, 
2008.

Affected ADs

    (b) This AD supersedes AD 2007-18-08.

Applicability

    (c) This AD applies to all Avions Marcel Dassault-Breguet Model 
Falcon 10 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from information we received from operators 
and the airplane manufacturer indicating that the repetitive 
interval for the required replacement deviated from the referenced 
service information. We are issuing this AD to prevent collapse of 
the flexible hoses in the slat anti-icing system, which could lead 
to insufficient anti-icing capability and, if icing is encountered 
in this situation, could result in reduced controllability of the 
airplane.

[[Page 36475]]

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Certain Requirements of AD 2007-18-08

Hose Replacement

    (f) Within 330 flight hours or 7 months after October 11, 2007 
(the effective date of AD 2007-18-08), whichever occurs first: 
Replace the flexible hoses installed in the slat anti-icing system 
with new hoses having part number (P/N) FAL1007, in accordance with 
the Accomplishment Instructions of Dassault Service Bulletin F10-
313, Revision 1, dated May 10, 2006. Repeat the hose replacement 
thereafter at intervals not to exceed 700 flight cycles, except as 
provided by paragraph (h) of this AD.
    (g) Replacement of a hose before October 11, 2007, in accordance 
with Dassault Service Bulletin F10-313, dated August 10, 2005, is 
acceptable for compliance with the requirements of paragraph (f) of 
this AD.

New Requirements of This AD

New Repetitive Interval

    (h) As of the effective date of this AD, repeat the hose 
replacement required by paragraph (f) of this AD within 700 flight 
hours since the last replacement, or within 100 flight hours after 
the effective date of this AD, whichever occurs later, and 
thereafter at intervals not to exceed 700 flight hours.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, FAA, ATTN: 
Tom Rodriguez, Aerospace Engineer, FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington 98057-3356; 
telephone (425) 227-1137; fax (425) 227-1149; has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
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.

Related Information

    (j) European Aviation Safety Agency airworthiness directive 
2006-0114, dated May 10, 2006, also addresses the subject of this 
AD.

    Issued in Renton, Washington, on June 8, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-14575 Filed 6-26-08; 8:45 am]
BILLING CODE 4910-13-P