[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46946-46948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18582]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0269; Directorate Identifier 2011-NM-105-AD; 
Amendment 39-17140; AD 2012-15-11]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation 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 certain 
Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a 
report that a passenger oxygen pipe at frame 10 was chafing against the 
forward lavatory rear structure, raising the risk of the oxygen pipe 
developing a crack. This AD requires modifying the routing of and, if 
necessary, replacing, the oxygen pipe. We are issuing this AD to 
prevent rupture of the oxygen pipe which, in case of a cabin 
depressurization, would impair operation of the passenger oxygen 
distribution system.

DATES: This AD becomes effective September 11, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
11, 2012.

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 20, 2012 (77 
FR 16186). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Inspections of two aeroplanes during cabin completions have 
shown that a passenger oxygen line at frame 10 was chafing with the 
forward lavatory rear structure.
    Design review of the area confirmed a local low clearance value 
which raises the risk of the oxygen line developing a crack.
    This condition, if not detected and corrected, could lead to 
rupture of the oxygen line which, in case of a cabin 
depressurization, would impair operation of the passengers' oxygen 
distribution system.
    To address this unsafe condition, Dassault Aviation have 
designed a modification with a new oxygen line routing.
    This AD requires an [general visual] inspection of the oxygen 
line for interference or damage and, in case of discrepancies 
[damage, or clearance less than 3 mm], accomplishment of the 
modification [including general visual inspections, and, if 
necessary, replacing the oxygen line/pipe] before next flight. It 
requires as well accomplishment of the modification of the oxygen 
line routing for the aeroplanes in which [clearance of 3 mm or more 
but less than 12 mm] were identified.

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 (77 FR 16186, March 20, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed--except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 16186, March 20, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 16186, March 20, 2012).

Costs of Compliance

    We estimate that this AD will affect about 11 products of U.S. 
registry. We also estimate that it will take about 11 work-hours 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 $10,285, or $935 per 
product.

[[Page 46947]]

    In addition, we estimate that any necessary follow-on actions would 
take about 16 work-hours and require parts costing $655, for a cost of 
$2,015 per product. We have no way of determining the number of 
products that may need these actions.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 77 FR 16186, March 20, 2012), 
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:

2012-15-11 Dassault Aviation: Amendment 39-17140. Docket No. FAA-
2012-0269; Directorate Identifier 2011-NM-105-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
11, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, 
certificated in any category, serial numbers 3, 10, 13, 18, 19, 20, 
22, 23, 24, 26, 27, 29, 30, 31, 32, 33, 35, 36, 38, 41, 42, 43, 47, 
48, 58, 63, 64, 66, 67, 68, 71, 76, 78, 79, 83, 84, 85, 86, 87, and 
93; except for airplanes on which the Dassault Aviation modification 
specified in Dassault Mandatory Service Bulletin 7X-174 has been 
incorporated.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that a passenger oxygen pipe at 
frame 10 was chafing against the forward lavatory rear structure, 
raising the risk of the oxygen pipe developing a crack. We are 
issuing this AD to prevent rupture of the oxygen pipe which, in case 
of a cabin depressurization, would impair operation of the passenger 
oxygen distribution system.

(f) Compliance

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

(g) Inspection

    Within 2 months after the effective date of this AD, do a 
boroscope inspection of the passenger oxygen pipe for clearance and 
a general visual inspection for damage of the oxygen pipe, in 
accordance with the Accomplishment Instructions of Dassault 
Mandatory Service Bulletin 7X-174, dated March 10, 2011.

(h) Corrective Actions

    If during any inspection required by paragraph (g) of this AD 
any damage is found or oxygen pipe clearance is less than 3 
millimeters (mm) (0.12 inch): Before further flight, modify the 
oxygen pipe routing, including doing a general visual inspection for 
chafing of the pipe and doing all applicable replacements, in 
accordance with the Accomplishment Instructions of Dassault 
Mandatory Service Bulletin 7X-174, dated March 10, 2011.

(i) Oxygen Pipe Routing Modification

    If, during any inspection required by paragraph (g) of this AD, 
oxygen pipe clearance is 3 mm (0.12 inch) or more but less than 12 
mm (0.47 inch): Within 98 months or 4,000 flight cycles after the 
effective date of this AD, whichever occurs first, modify the 
routing of the passenger oxygen pipe, including doing a general 
visual inspection for chafing of the pipe and doing all applicable 
replacements, in accordance with the Accomplishment Instructions of 
Dassault Mandatory Service Bulletin 7X-174, dated March 10, 2011.

(j) Other FAA AD Provisions

    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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it 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. 
Information may be emailed to: [email protected]. 
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.

[[Page 46948]]

(k) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2011-0070, dated April 18, 2011; and 
Dassault Mandatory Service Bulletin 7X-174, dated March 10, 2011; 
for related information.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Dassault Mandatory Service Bulletin 7X-174, dated March 10, 
2011.
    (ii) Reserved.
    (3) For Dassault 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.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (5) 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 an NARA facility, 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 July 20, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-18582 Filed 8-6-12; 8:45 am]
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