[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Pages 39256-39259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16057]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0152; Directorate Identifier 2010-NM-079-AD; 
Amendment 39-16739; AD 2011-14-04]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Model FALCON 7X 
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:

    On some Falcon 7X aeroplanes, it has been determined potential 
low clearance between electrical wiring or hydraulic pipe and nearby 
structure.
    Although no in service incident has been reported, there is no 
certainty that the minimum clearances would be maintained over time. 
In the worst case, interference or contact with structure might 
occur and lead to electrical short circuits or fluid leakage, 
potentially resulting in loss of several functions essential for 
safe flight.
* * * * *


[[Page 39257]]


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

DATES: This AD becomes effective August 10, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 10, 
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 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 March 8, 2011 (76 FR 
12624). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    On some Falcon 7X aeroplanes, it has been determined potential 
low clearance between electrical wiring or hydraulic pipe and nearby 
structure.
    Although no in service incident has been reported, there is no 
certainty that the minimum clearances would be maintained over time. 
In the worst case, interference or contact with structure might 
occur and lead to electrical short circuits or fluid leakage, 
potentially resulting in loss of several functions essential for 
safe flight.
    Dassault Aviation has developed two Service Bulletins (SB) that 
provide corrective actions to ensure the minimum required clearance, 
as well as adequate protection between hydraulic pipe (SB n[deg] 0 
92) and electrical wiring (SB n[deg] 006) and the aeroplane 
structure.
    This [European Aviation Safety Agency (EASA)] AD requires the 
implementation of both SBs on the affected aeroplanes.
    Since issuance of EASA AD 2010-0029, Dassault Aviation has 
developed modifications M1036 and M1037. M1036 is equivalent to 
M1007 while M1037 is equivalent to M1020. These modifications are 
embodied during production on new aeroplanes.
    This [EASA] AD has been revised to exclude from the AD 
applicability the aeroplanes on which those modifications are 
embodied.

    Required actions include general visual inspections for damage of 
wiring bundles and feeders. Damage includes, but is not limited to: 
Signs of overheat, discoloration, or damaged and cut strands on the 
cables and insulating sleeves. Corrective actions for damage of wiring 
bundles and feeders include repairing damage. Other required actions 
include modifying the applicable wiring and layout, a general visual 
inspection for absence of marks of the rear tank wall at the contact 
area, installing a protective plate on the rear tank wall, and 
installing a hydraulic pipe if necessary. If contact marks are found, 
required actions include an eddy current inspection or a penetrant 
inspection for cracks, and repair 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 received no comments on the NPRM or on the determination of 
the cost to the public.

Editorial Change

    We have made a minor editorial change to paragraph (g)(3)(ii)(A) of 
this AD.

Conclusion

    We reviewed the available data 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 21 products of U.S. registry. 
We also estimate that it will take about 65 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 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 $116,025, or $5,525 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,

[[Page 39258]]

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

    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:

2011-14-04 Dassault Aviation: Amendment 39-16739. Docket No. FAA-
2011-0152; Directorate Identifier 2010-NM-079-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
10, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Aviation Model FALCON 7X 
airplanes, certificated in any category; having serial numbers 2 
through 22 inclusive, 24 through 26 inclusive, 29, 30, 32 and 
subsequent; except those on which modifications M964, M937, M976, 
M1007 or M1036, M1020 or M1037, and M1022 have all been implemented.

Subject

    (d) Air Transport Association (ATA) of America Code 20: Air 
Frame Wiring; and ATA Code 29: Hydraulic Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    On some Falcon 7X aeroplanes, it has been determined potential 
low clearance between electrical wiring or hydraulic pipe and nearby 
structure.
    Although no in service incident has been reported, there is no 
certainty that the minimum clearances would be maintained over time. 
In the worst case, interference or contact with structure might 
occur and lead to electrical short circuits or fluid leakage, 
potentially resulting in loss of several functions essential for 
safe flight.
* * * * *

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.

Inspections and Modification of Wiring and Rear Fuel Tank Panel

    (g) Within 10 months or 650 flight hours after the effective 
date of this AD, whichever occurs first, do the actions specified in 
paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
    (1) Do a general visual inspection for damage of wiring bundles 
and feeders, in accordance with the Accomplishment Instructions of 
Dassault Mandatory Service Bulletin 7X-006, Revision 1, dated March 
3, 2010. If any damage is found, before further flight, repair, in 
accordance with Dassault Mandatory Service Bulletin 7X-006, Revision 
1, dated March 3, 2010.
    (2) Modify the applicable wiring and layout, in accordance with 
the Accomplishment Instructions of Dassault Mandatory Service 
Bulletin 7X-006, Revision 1, dated March 3, 2010.
    (3) Do a general visual inspection for absence of marks on the 
rear tank wall at the contact area, in accordance with the 
Accomplishment Instructions of Dassault Mandatory Service Bulletin 
7X-092, Revision 1, dated January 4, 2010.
    (i) If no contact marks are found during the inspection required 
by paragraph (g)(3) of this AD, before further flight, modify the 
protective plate, and install a hydraulic pipe as applicable, in 
accordance with the Accomplishment Instructions of Dassault 
Mandatory Service Bulletin 7X-092, Revision 1, dated January 4, 
2010.
    (ii) If any contact marks are found during the inspection 
required by paragraph (g)(3) of this AD, before further flight, do 
either an eddy current inspection for cracks or a penetrant 
inspection for cracks, in accordance with the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin 7X-092, Revision 
1, dated January 4, 2010.
    (A) If no crack is detected during any inspection required by 
paragraph (g)(3)(ii) of this AD, before further flight, do the 
actions specified in paragraph (g)(3)(i) of this AD.
    (B) If any crack is detected during any inspection required in 
paragraph (g)(3)(ii) of this AD, before further flight, repair the 
crack 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); and 
modify the protective plate, and install a hydraulic pipe as 
applicable, in accordance with the Accomplishment Instructions of 
Dassault Mandatory Service Bulletin 7X-092, Revision 1, dated 
January 4, 2010.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Doing a general visual inspection for damage, repairing 
wiring bundles and feeders, and modifying the applicable wiring and 
layout, in accordance with Dassault Mandatory Service Bulletin 7X-
006, dated December 18, 2009; and doing a general visual inspection 
for absence of marks on the rear tank wall at the contact area, 
modifying the protective plate, installing a hydraulic pipe as 
applicable, and doing either an eddy current inspection for cracks 
or a penetrant inspection for cracks, in accordance with Dassault 
Mandatory Service Bulletin 7X-092, dated July 17, 2009; before the 
effective date of this AD is acceptable for compliance with the 
corresponding actions required by paragraphs (g)(1), (g)(2), and 
(g)(3) 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

    (i) 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, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding 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 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.

Related Information

    (j) Refer to MCAI EASA Airworthiness Directive 2010-0029R1, 
dated November 25, 2010; Dassault Mandatory Service Bulletin 7X-006, 
Revision 1, dated March 3, 2010; and Dassault Mandatory Service 
Bulletin 7X-092, Revision 1, dated January 4, 2010; for related 
information.

Material Incorporated by Reference

    (k) You must use Dassault Mandatory Service Bulletin 7X-006, 
Revision 1, dated March 3, 2010; and Dassault Mandatory Service 
Bulletin 7X-092, Revision 1, dated January 4, 2010; as applicable; 
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 of the service information at the FAA, 
Transport Airplane

[[Page 39259]]

Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference 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 June 17, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-16057 Filed 7-5-11; 8:45 am]
BILLING CODE 4910-13-P