[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Proposed Rules]
[Pages 39628-39630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15714]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0732; Directorate Identifier 2008-NM-053-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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[[Page 39629]]

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:

    * * * [S]ome aircraft could have experienced wing overpressure 
consecutive to the latent failure of both [pressure relief] valve 
units. Overpressure although not sufficient to cause static damages 
could have impaired the fatigue damage tolerance of the wing 
structure. * * *

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 August 11, 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, Transport Airplane Directorate, FAA, 
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-2008-0732; 
Directorate Identifier 2008-NM-053-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 2008-0021, dated January 31, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Analysed in-service events revealed that corrosion of pressure 
relief valves in wing fuel tanks was likely to occur well before 
reaching their Time Between Overhaul (TBO) and could make the valves 
stick in the closed position.
    Therefore some aircraft could have experienced wing overpressure 
consecutive to the latent failure of both valve units. Overpressure 
although not sufficient to cause static damages could have impaired 
the fatigue damage tolerance of the wing structure. Consequently 
this Airworthiness Directive (AD) mandates introduction of a new 
repetitive inspection of the wing structure.

    The repetitive ultrasonic inspection is intended to detect 
incipient cracking on the stiffeners of the right-hand and left-hand 
wing lower panels between ribs 13 and 17 (the inspection area extends 
to just beyond rib 16). The corrective actions if any cracking is found 
include contacting Dassault for repair instructions, and doing the 
repair. You may obtain further information by examining the MCAI in the 
AD docket.

Relevant Service Information

    Dassault has issued Temporary Revision 74, dated November 2007, to 
the Dassault Falcon 50 Maintenance Manual, Maintenance Procedure 57-
401, ``Non-Destructive Check of the Wing Lower Panels Stiffeners 
between Ribs 13 and 16 (ATA 57-00-21).'' 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 247 products of U.S. registry. We also estimate that 
it would take about 6 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $118,560, or $480 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

[[Page 39630]]

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-2008-0732; Directorate Identifier 
2008-NM-053-AD.

Comments Due Date

    (a) We must receive comments by August 11, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Dassault Model Mystere-Falcon 50 
airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Analysed in-service events revealed that corrosion of pressure 
relief valves in wing fuel tanks was likely to occur well before 
reaching their Time Between Overhaul (TBO) and could make the valves 
stick in the closed position.
    Therefore some aircraft could have experienced wing overpressure 
consecutive to the latent failure of both valve units. Overpressure 
although not sufficient to cause static damages could have impaired 
the fatigue damage tolerance of the wing structure. Consequently 
this Airworthiness Directive (AD) mandates introduction of a new 
repetitive inspection of the wing structure.
    The repetitive ultrasonic inspection is intended to detect 
incipient cracking on the stiffeners of the right-hand and left-hand 
wing lower panels between ribs 13 and 17 (the inspection area 
extends to just beyond rib 16). The corrective actions if any 
cracking is found include contacting Dassault for repair 
instructions, and doing the repair.

Actions and Compliance

    (f) Unless already accomplished, do the following actions: Prior 
to the accumulation of 14,200 total flight cycles, or within 160 
flight cycles after the effective date of this AD, whichever occurs 
later, do the ultrasonic inspection described in Temporary Revision 
74, dated November 2007, to the Dassault Falcon 50 Maintenance 
Manual, Maintenance Procedure 57-401, ``Non-Destructive Check of the 
Wing Lower Panels Stiffeners between Ribs 13 and 16 (ATA 57-00-
21).'' Do all applicable corrective actions before further flight. 
Repeat the inspection thereafter at intervals not to exceed 5,350 
flight cycles.

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, ANM-
116, International Branch, 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, 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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2008-0021, dated January 31, 2008, and 
Temporary Revision 74, dated November 2007, to the Dassault Falcon 
50 Maintenance Manual, Maintenance Procedure 57-401, ``Non-
Destructive Check of the Wing Lower Panels Stiffeners between Ribs 
13 and 16 (ATA 57-00-21),'' for related information.

    Issued in Renton, Washington, on June 27, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-15714 Filed 7-9-08; 8:45 am]
BILLING CODE 4910-13-P