[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Proposed Rules]
[Pages 45176-45178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17792]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0830; Directorate Identifier 2007-NM-285-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000EX 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 that would supersede an existing AD. 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:

    Investigations after a CAS (crew alerting system) message ``ENG 
1 FIRE DETECT FAIL'' that occurred on an in-service aircraft 
revealed that the detector threshold tolerances could not permit to 
identify the failure of one single engine fire detector loop out of 
the two present on each engine. The fire detection system integrity 
is therefore not correctly monitored.
* * * * *
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 September 3, 
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-2008-0830; 
Directorate Identifier 2007-NM-285-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

    On January 5, 2007, we issued AD 2007-02-01, Amendment 39-14888 (72 
FR 2177, January 18, 2007). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2007-02-01, we have determined that fire 
detector threshold tolerances for the affected airplanes do not 
identify the failure of one engine fire detector loop out of the two 
present on each engine. The European Aviation Safety Agency (EASA), 
which is the Technical Agent for the Member States of the European 
Community, has issued EASA Airworthiness Directive 2007-0119, dated May 
2, 2007 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:
    Investigations after a CAS (crew alerting system) message ``ENG 
1 FIRE DETECT FAIL'' that occurred on an in-service aircraft 
revealed that the detector threshold tolerances could not permit to 
identify the failure of one single engine fire detector loop out of 
the two present on each engine. The fire detection system integrity 
is therefore not correctly monitored.
    Airworthiness Directive (AD) No 2006-0356-E [which corresponds 
to FAA AD 2007-02-01] was initially issued to mandate the 
verification of the fire detection system integrity by a one time 
inspection.
    The current AD mandates installation of two new fire monitoring 
units of an improved design, each one of them is capable of 
monitoring the integrity of both detectors on the associated engine.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Dassault has issued Service Bulletin F2000EX-138, dated March 5, 
2007. 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.

[[Page 45177]]

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 42 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 rate is $80 per 
work-hour. Required parts would cost about $0 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 $10,080, or $240 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 removing Amendment 39-14888 (72 FR 
2177, January 18, 2007) and adding the following new AD:

Dassault Aviation: Docket No. FAA-2008-0830; Directorate Identifier 
2007-NM-285-AD.

Comments Due Date

    (a) We must receive comments by September 3, 2008.

Affected ADs

    (b) This AD supersedes AD 2007-02-01, Amendment 39-14888.

Applicability

    (c) This AD applies to Dassault Model Falcon 2000EX airplanes, 
certificated in any category, serial number (S/N) 06 and from S/N 28 
to 107 inclusive, without modification M2958 implemented.

Subject

    (d) Air Transport Association (ATA) of America Code 26: Fire 
Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Investigations after a CAS (crew alerting system) message ``ENG 
1 FIRE DETECT FAIL'' that occurred on an in-service aircraft 
revealed that the detector threshold tolerances could not permit to 
identify the failure of one single engine fire detector loop out of 
the two present on each engine. The fire detection system integrity 
is therefore not correctly monitored.
    Airworthiness Directive (AD) No 2006-0356-E [which corresponds 
to FAA AD 2007-02-01] was initially issued to mandate the 
verification of the fire detection system integrity by a one time 
inspection.
    The current AD mandates installation of two new fire monitoring 
units of an improved design, each one of them is capable of 
monitoring the integrity of both detectors on the associated engine.

Restatement of Requirements of AD 2007-02-01

    (f) Unless already done, do the following actions. Within 35 
days after February 2, 2007 (the effective date of AD 2007-02-01), 
perform an engine fire detection integrity check as required by 
paragraphs (f)(1), (f)(2), and (f)(3) of this AD in accordance with 
Dassault Service Bulletin F2000EX-137, Revision 1, dated December 7, 
2006. Doing the replacement required by paragraph (g) of this AD 
terminates the requirements of this paragraph.
    (1) First, in the baggage compartment, on each mobile connector 
of the monitoring units (L320WG) and (R320WG), the equivalent 
resistance of the two engine detectors at the LH (left-hand) and the 
RH (right-hand) sides must be verified. According to findings, the 
corresponding system is either considered correct or incorrect.
    (2) As a second step, if either one or both the LH and the RH 
system is (are) found to be incorrect, it is required to check the 
actual resistance of both detectors of the incorrect system(s) on 
the affected engine(s).
    (3) Any faulty detector must be replaced prior to further 
flight.
    (4) Actions done before February 2, 2007, in accordance with 
Dassault Service Bulletin F2000EX-137, dated November 23, 2006, are 
acceptable for compliance with the requirements of paragraph (f) of 
this AD.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, within the next 12 months after the 
effective date of this AD, remove the two fire monitoring units 
having part number (P/N) 6342-01 and replace them with new ones 
having P/N 6342-02 in accordance with the Accomplishment 
Instructions of Dassault Service Bulletin F2000EX-138, dated March 
5, 2007. Doing the replacement terminates the requirements of 
paragraph (f) of this AD.

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, 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

[[Page 45178]]

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 Airworthiness 
Directive 2007-0119, dated May 2, 2007, and Dassault Service 
Bulletin F2000EX-138, dated March 5, 2007, for related information.

    Issued in Renton, Washington, on July 23, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-17792 Filed 8-1-08; 8:45 am]
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