[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Rules and Regulations]
[Pages 67374-67376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25639]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0729; Directorate Identifier 2008-NM-052-AD; 
Amendment 39-15700; AD 2008-22-05]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 900, 
Falcon 900EX, and Falcon 2000 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 rheostat of the 3rd 
crew member control panel reading light and the air gasper flexible 
hose, or with the electrical wires nearby. If le[f]t uncorrected, 
this chafing may expose the metallic spiral armature of the flexible 
hose, or damage the electrical wires insulation, which could result 
in a short-circuit generating sustained overheating and smoke 
emission.

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

DATES: This AD becomes effective December 19, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 19, 
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.

[[Page 67375]]


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 July 7, 2008 (73 FR 
38346). 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 rheostat of the 3rd 
crew member control panel reading light and the air gasper flexible 
hose, or with the electrical wires nearby. If le[f]t uncorrected, 
this chafing may expose the metallic spiral armature of the flexible 
hose, or damage the electrical wires insulation, which could result 
in a short-circuit generating sustained overheating and smoke 
emission.
    This AD requires an inspection of the air gasper installation in 
the 3rd crew control panel of the LH [left-hand]and RH [right-
hand]crew closet for interference and damage and applicable related 
corrective actions.

The corrective actions include replacing the flexible hoses and 
installing ROUNDIT insulation sleeving to the wires near the rheostat. 
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 considered the single comment received.

Request To Include New Service Information

    Dassault recommends that the AD reflect the updated service 
information that was issued after the date of the MCAI. Dassault states 
that the most recent revisions of the service information are as 
follows:
     Dassault Mandatory Service Bulletin F900-360, Revision 1, 
dated February 15, 2008.
     Dassault Mandatory Service Bulletin F900EX-261, Revision 
1, dated February 15, 2008.
     Dassault Mandatory Service Bulletin F2000-316, Revision 1, 
dated February 15, 2008.
    We agree to change the AD to reflect the current service 
information. Revision 1 of the service information contains an 
editorial change that does not affect the procedures. Table 1 of 
paragraph (f) of the AD has been changed accordingly, and we have added 
new paragraph (g) and Table 2 to the AD to give credit for actions 
performed according to the original versions of the service 
information.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously. We determined that this change 
will not increase the economic burden on any operator or increase the 
scope of the AD.

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 335 products of U.S. registry. 
We also estimate that it will take 4 work-hours per product to comply 
with the basic requirements of this AD. The average labor rate is $80 
per work-hour. Based on these figures, we estimate the cost of this AD 
to the U.S. operators to be $107,200, or $320 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:

AD 2008-22-05 Dassault Aviation: Amendment 39-15700. Docket No. FAA-
2008-0729; Directorate Identifier 2008-NM-052-AD.

[[Page 67376]]

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
19, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Mystere-Falcon 900 
airplanes from serial number (S/N) 1 to 200 inclusive; Model Falcon 
900EX airplanes from S/N 1 to 129 inclusive; and Model Falcon 2000 
airplanes from S/N 1 to 210 inclusive; when fitted with a third crew 
member control panel; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/Furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    This Airworthiness Directive (AD) is issued following the 
discovery of a potential chafing between the rheostat of the 3rd 
crew member control panel reading light and the air gasper flexible 
hose, or with the electrical wires nearby. If le[f]t uncorrected, 
this chafing may expose the metallic spiral armature of the flexible 
hose, or damage the electrical wires insulation, which could result 
in a short-circuit generating sustained overheating and smoke 
emission.
    This AD requires an inspection of the air gasper installation in 
the 3rd crew control panel of the LH [left-hand]and RH [right-
hand]crew closet for interference and damage and applicable related 
corrective actions.

The corrective actions include replacing the flexible hose and 
installing ROUNDIT insulation sleeving to the wires near the 
rheostat.

Actions and Compliance

    (f) Unless already done: Within 7 months after the effective 
date of this AD, do a detailed inspection of the air gasper 
installation in the 3rd crew member control panel of the left-hand 
and right-hand crew closet for interference and damage, and do all 
applicable related corrective actions as instructed in the 
Accomplishment Instructions of the applicable service information 
listed in Table 1 of this AD. Corrective actions must be done before 
further flight.

                      Table 1--Service Information
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    Dassault Mandatory Service
            Bulletin--              Revision--           Date--
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F900-360.........................            1  Feb. 15, 2008.
F900EX-261.......................            1  Feb. 15, 2008.
F2000-316........................            1  Feb. 15, 2008.
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    (g) Actions done before the effective date of this AD in 
accordance with the service information listed in Table 2 of this AD 
are acceptable for compliance with the requirements of paragraph 
(f).

                   Table 2--Credit Service Information
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      Dassault Service Bulletin--                     Date--
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F900-360...............................  July 20, 2005.
 
F900EX-261.............................  July 20, 2005.
 
F2000-316..............................  July 27, 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, 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 (EASA) 
Airworthiness Directive 2008-0013, dated January 24, 2008, and the 
service information listed in Table 1 and Table 2 of this AD, for 
related information.

Material Incorporated by Reference

    (j) You must use the service information specified in Table 3 of 
this AD 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 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; telephone 201-440-6700; Internet http://www.dassaultfalcon.com.
    (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 Mandatory Service
            Bulletin--              Revision--           Date--
------------------------------------------------------------------------
F900-360.........................            1  Feb. 15, 2008.
F900EX-261.......................            1  Feb. 15, 2008.
F2000-316........................            1  Feb. 15, 2008.
------------------------------------------------------------------------


    Issued in Renton, Washington, on October 10, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25639 Filed 11-13-08; 8:45 am]
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