[Federal Register Volume 75, Number 244 (Tuesday, December 21, 2010)]
[Rules and Regulations]
[Pages 79952-79955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31896]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0864; Directorate Identifier 2008-NM-202-AD; 
Amendment 39-16544; AD 2010-26-05]
RIN 2120-AA64


Airworthiness Directives; DASSAULT AVIATION Model Falcon 10 
Airplanes; Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and 
G Airplanes; Model MYSTERE-FALCON 200 Airplanes; Model MYSTERE-FALCON 
20-C5, 20-D5, 20-E5, and 20-F5 Airplanes; Model FALCON 2000 and FALCON 
2000EX Airplanes; and Model MYSTERE-FALCON 50 and MYSTERE-FALCON 900 
Airplanes, and FALCON 900EX 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:

    During maintenance on one aircraft, it was discovered that the 
overpressure capsules were broken on both pressurization valves. 
Failure of the pressurization control regulating valve (overpressure 
capsule) will affect the aircraft's overpressure protection * * *.

* * * * *
    The unsafe condition is overpressurization, which can result in 
injury to the occupants and possible structural failure leading to loss 
of control of the airplane. We are issuing this AD to require actions 
to correct the unsafe condition on these products.

DATES: This AD becomes effective January 25, 2011.

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 supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That supplemental NPRM was published in the Federal Register 
on July 27, 2010 (75 FR 43878). That supplemental NPRM proposed to 
correct an unsafe condition for the specified products. The MCAI 
states:

    During maintenance on one aircraft, it was discovered that the 
overpressure capsules were broken on both pressurization valves. 
Failure of the pressurization control regulating valve (overpressure 
capsule) will affect the aircraft's overpressure protection, 
possibly resulting in a structural failure in case of combination 
with another pressurization system failure. Consequently, Dassault 
Aviation has developed a repetitive check of this outflow valve 
capsule, which has already been introduced into the Maintenance of 
Components section (chapter 5-20) of the relevant Aircraft 
Maintenance Manuals (AMMs).
    For the reason described above, this EASA [European Aviation 
Safety Agency] Airworthiness Directive (AD) requires a repetitive 
check of the outflow valve overpressure capsule, as it will also be 
introduced into the Airworthiness Limitations section (chapter 5-40) 
of the respective AMMs.

The unsafe condition is overpressurization, which can result in injury 
to the occupants and possible structural failure leading to loss of 
control of the airplane. Required actions include repetitive 
inspections for overpressure tightness on both regulating valves, and 
replacing the affected valve with a serviceable unit if necessary. 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 for Certain Airplanes To Be Included in the Time Extension

    Dassault Aviation requested that we revise the supplemental NPRM to 
extend the time interval for Model Mystere-Falcon 50 airplanes, for the 
overpressure tightness check that was specified in the supplemental 
NPRM. The extension of the time interval specified in the supplemental 
NPRM was from 1,630 flight hours to 1,640 flight hours for other 
models.
    We agree to extend the time interval for Model Mystere-Falcon 50 
airplanes

[[Page 79953]]

in the final rule. The original NPRM defined a time interval for Model 
MYSTERE-FALCON 50, MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, and 
FALCON 2000EX airplanes. The supplemental NPRM extended the time 
interval for Model MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, and 
FALCON 2000EX airplanes. The extended interval for Model MYSTERE-FALCON 
50 airplanes from 1,630 flight hours to 1,640 flight hours was 
coordinated with EASA. We have revised Table 1 of paragraph (g)(1) of 
the final rule accordingly.

Request for Inclusion of the Latest Procedure

    Dassault Aviation requested that we revise the supplemental NPRM to 
refer to the most current version of Dassault Maintenance Procedure 21-
160, of the Dassault Falcon 50/50EX Maintenance Manual. Dassault 
Aviation explains that the referenced maintenance procedure has been 
updated with a new picture and that the procedure is now dated January 
2010.
    We agree for the reasons stated by the commenter. We have revised 
Table 2 of the final rule to refer to Dassault Maintenance Procedure 
21-160, dated January 2010, as a source of guidance on inspecting for 
overpress tightness on both valves for Model MYSTERE-FALCON 50 
airplanes.

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 1,082 products of U.S. 
registry. We also estimate that it will take about 1 work-hour per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $91,970, or $85 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, 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:

2010-26-05 DASSAULT AVIATION: Amendment 39-16544. Docket No. FAA-
2009-0864; Directorate Identifier 2008-NM-202-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
25, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) DASSAULT AVIATION Model Falcon 10 airplanes, Model FAN JET 
FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes, and Model 
MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes; all serial 
numbers, equipped with Liebherr or ABG-Semca pressurization outflow 
valves.
    (2) DASSAULT AVIATION Model MYSTERE-FALCON 200 airplanes,
    Model MYSTERE-FALCON 50 and MYSTERE-FALCON 900, and FALCON 900EX 
airplanes, and Model FALCON 2000 and FALCON 2000EX airplanes; all 
serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 21: Air 
Conditioning.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During maintenance on one aircraft, it was discovered that the 
overpressure capsules were broken on both pressurization valves. 
Failure of the pressurization control regulating valve (overpressure 
capsule) will affect the aircraft's overpressure protection * * *.
* * * * *

[[Page 79954]]

The unsafe condition is overpressurization, which can result in 
injury to the occupants and possible structural failure leading to 
loss of control of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Replacement

    (g) Unless already done, do the following actions.
    (1) Within 6 months after the effective date of this AD, or 
before reaching the applicable time in the ``Inspection Threshold'' 
column specified in Table 1 of this AD, whichever occurs later, and 
thereafter at intervals not to exceed the applicable time in the 
``Inspection Interval'' column specified in Table 1 of this AD: 
Inspect for overpressure tightness on both regulating valves using a 
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation 
Safety Agency (EASA) (or its delegated agent).

                                            Table 1--Compliance Times
          Affected airplanes             Inspection threshold (whichever occurs later)     Inspection interval
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Model FAN JET FALCON, FAN JET FALCON   Prior to the             Within 1,250 flight      1,250 flight hours.
 SERIES C, D, E, F, and G airplanes,    accumulation of 1,250    hours after the valve
 and Model MYSTERE-FALCON 20[dash]C5,   total flight hours on    was cleaned in
 20-D5, 20-E5, and 20-F5 airplanes      the regulating valve     accordance with this
 equipped with Liebherr or ABG-Semca    since new.               AD.
 valves part number (P/N)
 209xx0xxx0x;
Model MYSTERE-FALCON 200 airplanes;..
Model Falcon 10 airplanes, equipped
 with Liebherr or ABG-Semca valves P/
 N 209xx0xxx0x..
Model MYSTERE-FALCON 50 airplanes,     Prior to the             Within 1,640 flight      1,640 flight hours.
 Model MYSTERE-FALCON 900, FALCON       accumulation of 1,640    hours after the valve
 900EX (including ``F900EX-EASy'' and   total flight hours on    was cleaned in
 ``F900DX''), Model FALCON 2000, and    the regulating valve     accordance with this
 FALCON 2000EX (including ``F2000EX-    since new.               AD.
 EASy'' and ``F2000DX'') airplanes.
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    Note 1: Guidance on inspecting for overpressure tightness on 
both regulating valves can be found in the applicable airplane 
maintenance manual identified in Table 2 of this AD.


                                      Table 2--Maintenance Manual Guidance
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                                                  See Dassault maintenance
          For affected airplanes--                      procedure--                  In maintenance manual--
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Model Falcon 10 airplanes, equipped with     21-32-01, dated July 2009........  Dassault Falcon 10 Maintenance
 Liebherr or ABG-Semca valves P/N                                                Manual.
 209xx0xxx0x.
Model FALCON 900EX (including ``F900EX-      21-314, dated September 2008.....  Dassault Falcon 900EX-EASy
 EASy'' and ``F900DX'') airplanes.                                               Maintenance Manual.
Model FALCON 2000 and FALCON 2000EX          21-314, dated November 2008......  Dassault Falcon 2000 Maintenance
 (including ``F2000EX-EASy'') airplanes.                                         Manual.
Model FALCON F2000DX airplanes.............  21-314, dated November 2008......  Dassault Falcon 2000DX
                                                                                 Maintenance Manual.
Model FAN JET FALCON, FAN JET FALCON SERIES  21-31-10, dated October 2008.....  Dassault Fan Jet Falcon
 C, D, E, F, and G airplanes, MYSTERE-                                           Maintenance Manual.
 FALCON 20-C5, 20-D5, 20-E5, and 20-F5
 airplanes; equipped with Liebherr or ABG-
 Semca valves part number (P/N) 209xx0xxx0x.
Model MYSTERE-FALCON 50 airplanes..........  21-160, dated January 2010.......  Dassault Falcon 50/50EX
                                                                                 Maintenance Manual.
Model MYSTERE-FALCON 200 airplanes.........  051.0, dated December 2008.......  Dassault Falcon 200 Maintenance
                                                                                 Manual.
Model MYSTERE-FALCON 900 airplanes.........  21-308, dated October 2008.......  Dassault Falcon 900 Maintenance
                                                                                 Manual.
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    (2) If any leak is found during any inspection required by 
paragraph (g)(1) of this AD, before further flight, replace the 
affected valve with a serviceable unit, using a method approved by 
either the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the EASA (or its delegated agent).

    Note 2: Guidance on replacing regulating valves can be found in 
the applicable airplane maintenance manual identified in Table 2 of 
this AD.

FAA AD Differences

    Note 3: This AD differs from the MCAI as follows: Although 
paragraph (3) of the compliance section of the MCAI allows flight in 
accordance with the master minimum equipment list (MMEL) provisions 
after leaks are found, paragraph (g)(2) of this AD requires 
replacing affected valves before further flight.

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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.

[[Page 79955]]

The AMOC approval letter must specifically reference this AD.
    (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: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (i) Refer to MCAI EASA Airworthiness Directive 2008-0072, dated 
April 18, 2008, for related information.

Material Incorporated by Reference

    (j) None.

    Issued in Renton, Washington, on December 10, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-31896 Filed 12-20-10; 8:45 am]
BILLING CODE 4910-13-P