[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Proposed Rules]
[Pages 55488-55491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25865]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0994; Directorate Identifier 2009-NM-108-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 900EX 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. 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:

    A quality control performed during completion of one Falcon 
900EX aeroplane

[[Page 55489]]

has shown that the crew and passenger Right-Hand (RH) oxygen lines 
may both interfere with the frame 8 of the aeroplane structure. A 
subsequent design review of the oxygen lines routing has confirmed 
that, on certain aeroplanes, equipped in RH mid-cabin with a 115 cu-
ft oxygen cylinder, the installation of the line support assembly at 
frame 8 needs to be accomplished with precaution; otherwise, the 
oxygen lines might interfere with the structure, and this condition 
could lead to an oxygen leak.
* * * * *
The unsafe condition is an oxygen leak, which would result in 
insufficient oxygen flow to passenger oxygen masks during a 
depressurization event. 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 December 14, 
2009.

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.
    For service information identified in this proposed AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606; 
telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may 
review copies of the referenced service information 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.

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-2009-0994; 
Directorate Identifier 2009-NM-108-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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 2009-0126, dated June 18, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    A quality control performed during completion of one Falcon 
900EX aeroplane has shown that the crew and passenger Right-Hand 
(RH) oxygen lines may both interfere with the frame 8 of the 
aeroplane structure. A subsequent design review of the oxygen lines 
routing has confirmed that, on certain aeroplanes, equipped in RH 
mid-cabin with a 115 cu-ft oxygen cylinder, the installation of the 
line support assembly at frame 8 needs to be accomplished with 
precaution; otherwise, the oxygen lines might interfere with the 
structure, and this condition could lead to an oxygen leak.
    As a result, [EASA] Airworthiness Directive 2009-0104 was issued 
to require inspection of the oxygen lines [for signs of interference 
or chafing damage], replacement of any damaged lines and 
modification of their support assembly. Since then, it has been 
found that the applicability of the AD had not been correctly 
defined.
    This [new EASA] AD retains the requirements of AD 2009-0104 
which is superseded and corrects the applicability.

The unsafe condition is an oxygen leak, which would result in 
insufficient oxygen flow to passenger oxygen masks during a 
depressurization event. Modifying the support assembly of the oxygen 
lines includes drilling holes to install improved support bracket 
assemblies at frame 8, stringers 11 and 13, and installing the improved 
assemblies. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Dassault has issued Mandatory Service Bulletin F900EX-347, Revision 
1, dated May 18, 2009. 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 23 products of U.S. registry.

[[Page 55490]]

We also estimate that it would take about 4 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 $7,360, 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 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, Incorporation by 
reference, 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-2009-0994; Directorate Identifier 
2009-NM-108-AD.

Comments Due Date

    (a) We must receive comments by December 14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Falcon 900EX airplanes, 
certificated in any category, with serial numbers 120 through 123 
inclusive, 125 through 127 inclusive, 129, 132, 134 through 145 
inclusive, 147, 151, 153, 155, 157 through 159 inclusive, 163, 165, 
168 through 170 inclusive, 172, 174, 178, 182, 183, 194, 196, 197, 
199, and 206.

Subject

    (d) Air Transport Association (ATA) of America Code 35: Oxygen.

Reason

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

    A quality control performed during completion of one Falcon 
900EX aeroplane has shown that the crew and passenger Right-Hand 
(RH) oxygen lines may both interfere with the frame 8 of the 
aeroplane structure. A subsequent design review of the oxygen lines 
routing has confirmed that, on certain aeroplanes, equipped in RH 
mid-cabin with a 115 cu-ft oxygen cylinder, the installation of the 
line support assembly at frame 8 needs to be accomplished with 
precaution; otherwise, the oxygen lines might interfere with the 
structure, and this condition could lead to an oxygen leak.
    As a result, [European Aviation Safety Agency (EASA)] 
Airworthiness Directive 2009-0104 was issued to require inspection 
of the oxygen lines [for signs of interference and chafing damage], 
replacement of any damaged lines and modification of their support 
assembly. Since then, it has been found that the applicability of 
the AD had not been correctly defined.
    This [EASA] AD retains the requirements of AD 2009-0104 which is 
superseded and corrects the applicability.

The unsafe condition is an oxygen leak, which would result in 
insufficient oxygen flow to passenger oxygen masks during a 
depressurization event. Modifying the support assembly of the oxygen 
lines includes drilling holes to install improved support bracket 
assemblies at frame 8, stringers 11 and 13, and installing the 
improved assemblies.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 2 months after the effective date of this AD, inspect 
the oxygen lines in accordance with Part 1 of the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin F900EX-347, 
Revision 1, dated May 18, 2009. If any interference or damage is 
found, before further flight, replace the oxygen lines and install 
improved brackets, in accordance with Part 2 of the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin F900EX-347, 
Revision 1, dated May 18, 2009.
    (2) If no interference and no damage are found during the 
inspection required by paragraph (f)(1) of this AD: Within 72 months 
after the effective date of this AD, replace the oxygen line support 
assemblies, in accordance with Part 2 of the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin F900EX-347, 
Revision 1, dated May 18, 2009.
    (3) Actions accomplished before the effective date of this AD in 
accordance with Dassault Mandatory Service Bulletin F900EX-347, 
dated March 19, 2009, are acceptable for compliance with 
corresponding actions specified in 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, 
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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from

[[Page 55491]]

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 (44 
U.S.C. 3501 et seq.), 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 EASA Airworthiness Directive 2009-0126, dated 
June 18, 2009; and Dassault Mandatory Service Bulletin F900EX-347, 
Revision 1, dated May 18, 2009; for related information.

    Issued in Renton, Washington, on October 19, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-25865 Filed 10-27-09; 8:45 am]
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