[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Rules and Regulations]
[Pages 75319-75321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29072]


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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; 
Amendment 39-15762; AD 2008-25-04]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 
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:

    * * * [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. * * *

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

DATES: This AD becomes effective January 15, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 15, 
2009.

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 July 10, 2008 (73 FR 
39628). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request to Change the Inspection Interval for the ``Valve Boxes''

    Jim Sparks, a private citizen, requests that a more practical 
solution to this subject would be to change the interval of inspections 
for the ``valve boxes.'' He states that the reliability of the ``valve 
boxes'' has not been stellar. The commenter explains that Model 
Mystere-Falcon 50 airplanes have two independent wing fuel tank ``valve 
boxes'' that incorporate over-pressure relief valves coupled with a 
stand-alone wing tank pressure reducing/overpressure relief valve. The 
commenter states that because of the commonality in the system, both 
overpressure relief valves and the regulating valve would have to fail 
before any overpressure would occur. The commenter also states that the 
pressure relief valves, along with the entire system, do have 
manufacturer's recommended intervals for both operational and 
functional testing and that a more practical solution would be to 
require a change to the inspection interval for those ``valve boxes.''
    We disagree with the request to require a change to the repetitive 
inspection interval of the ``valve boxes.'' The purpose of this AD is 
to address the unsafe condition, which is possible damage to the wing 
structure due to over-pressurization. Therefore, we will be mandating 
only the inspections of the lower panel stiffeners. We are aware that 
the manufacturer has made changes to the design of the ``valve boxes'' 
and the inspection interval for them. We agree with the recommended 
changes from the manufacturer in modifying the design and inspection 
interval of the ``valve boxes'' and acknowledge that they could result 
in fewer overpressure occurrences leading to the unsafe condition of 
damage to the wing structure. However, the intent of this AD is to 
detect any cracking of the wing structure that might have a root cause 
in an overpressure event. We have not changed the AD in this regard.

Explanation of Updated Service Information

    Since we issued the NPRM, Dassault has issued Falcon 50/50EX 
Maintenance Manual, Maintenance Procedure 57-401, ``Non-Destructive 
Check of the Wing Lower Panels Stiffeners Between Ribs 13 and 17 (ATA 
57-00-21),'' dated July 2008. (We referred to Temporary Revision 74, 
dated November 2007, to the Dassault Falcon 50/50EX Maintenance Manual, 
Maintenance Procedure 57-401, ``Non-Destructive Check of the Wing Lower 
Panels Stiffeners Between Ribs 13 and 16 (ATA 57-00-21),'' as the 
appropriate source of service information in the NPRM.) Maintenance 
Procedure 57-401, Revision July 2008, refers to ``Between Ribs 13 and 
17'' rather than ``Between Ribs 13 and 16.'' The change to refer to Rib 
17 and the corresponding change in certain sections of the maintenance 
procedure more accurately reflect the inspection area required by this 
AD and specified in the MCAI.
    We have revised paragraph (f) of this AD to include two separate 
paragraphs.

[[Page 75320]]

The new paragraph (f)(1) refers to Dassault Falcon 50/50EX Maintenance 
Manual, Maintenance Procedure 57-401, ``Non-Destructive Check of the 
Wing Lower Panels Stiffeners Between Ribs 13 and 17 (ATA 57-00-21),'' 
dated July 2008, as the appropriate source of service information for 
doing the actions required by this AD. The new paragraph (f)(2) gives 
credit to operators who accomplished the actions before the effective 
date of this AD in accordance with Dassault Temporary Revision 74, 
dated November 2007.

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 changes described previously. We determined that these 
changes 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 247 products of U.S. registry. 
We also estimate that it will take about 6 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 $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 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:

2008-25-04 Dassault Aviation: Amendment 39-15762. Docket No. FAA-
2008-0732; Directorate Identifier 2008-NM-053-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
15, 2009.

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:
    Analyzed 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:
    (1) 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 
Dassault Falcon 50/50EX Maintenance Manual, Maintenance Procedure 
57-401, ``Non-Destructive Check of the Wing Lower Panels Stiffeners 
Between Ribs 13 and 17 (ATA 57-00-21),'' dated July 2008. Do all 
applicable corrective actions before further flight. Repeat the 
inspection thereafter at intervals not to exceed 5,350 flight 
cycles.
    (2) Actions done before the effective date of this AD in 
accordance with Dassault Temporary Revision 74, dated November 2007, 
to the Dassault Falcon 50/50EX Maintenance Manual, Maintenance 
Procedure 57-401, ``Non-Destructive Check

[[Page 75321]]

of the Wing Lower Panels Stiffeners Between Ribs 13 and 16 (ATA 57-
00-21),'' are acceptable for compliance with the requirements of 
paragraph (f)(1) of this AD.

FAA AD Differences

    Note 1: 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, 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

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2008-0021, dated January 31, 2008; and 
Dassault Falcon 50/50EX Maintenance Manual, Maintenance Procedure 
57-401, ``Non-Destructive Check of the Wing Lower Panels Stiffeners 
Between Ribs 13 and 17 (ATA 57-00-21),'' dated July 2008; for 
related information.

Material Incorporated by Reference

    (i) You must use Dassault Falcon 50/50EX Maintenance Manual, 
Maintenance Procedure 57-401, ``Non-Destructive Check of the Wing 
Lower Panels Stiffeners Between Ribs 13 and 17 (ATA 57-00-21),'' 
dated July 2008, 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. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 26, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-29072 Filed 12-10-08; 8:45 am]
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