[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Rules and Regulations]
[Pages 65975-65977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25754]



[[Page 65975]]

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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; 
Amendment 39-15711; AD 2008-22-15]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000EX Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an existing 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:

    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.
* * * * *

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

DATES: This AD becomes effective December 11, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 11, 
2008.
    The Director of the Federal Register approved the incorporation by 
reference of Dassault Service Bulletin F2000EX-137, Revision 1, dated 
December 7, 2006, listed in this AD as of February 2, 2007 (72 FR 2177, 
January 18, 2007).

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 August 4, 2008 (73 
FR 45176) and proposed to supersede AD 2007-02-01, Amendment 39-14888 
(72 FR 2177, January 18, 2007). That NPRM proposed 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.

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 42 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 $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 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 $10,080, 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 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.

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    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 removing Amendment 39-14888 (72 FR 
2177, January 18, 2007) and adding the following new AD:

2008-22-15 Dassault Aviation: Amendment 39-15711. Docket No. FAA-
2008-0830; Directorate Identifier 2007-NM-285-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
11, 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 Mandatory 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 
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; Dassault Service Bulletin 
F2000EX-137, Revision 1, dated December 7, 2006; and Dassault 
Mandatory Service Bulletin F2000EX-138, dated March 5, 2007; for 
related information.

Material Incorporated by Reference

    (j) You must use Dassault Service Bulletin F2000EX-137, Revision 
1, dated December 7, 2006; and Dassault Mandatory Service Bulletin 
F2000EX-138, dated March 5, 2007; 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 Dassault Mandatory Service Bulletin 
F2000EX-138, dated March 5, 2007, under 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Dassault Service Bulletin F2000EX-137, 
Revision 1, dated December 7, 2006, on February 2, 2007 (72 FR 2177, 
January 18, 2007).
    (3) For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 
07606; telephone 201-440-6700; Internet http://www.dassaultfalcon.com.
    (4) 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.


[[Page 65977]]


    Issued in Renton, Washington, on October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25754 Filed 11-5-08; 8:45 am]
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