[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Proposed Rules]
[Pages 8052-8054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02450]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1322; Directorate Identifier 2012-NM-155-AD]
RIN 2120-AA64


Airworthiness Directives; DASSAULT AVIATION 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 
certain DASSAULT AVIATION Model MYSTERE-FALCON 900 and FALCON 900EX 
airplanes. This proposed AD was prompted by reports of chafing between 
the tail strobe power supply and a hydraulic line. This proposed AD 
would require modifying the tail strobe power supply wire routing. We 
are proposing this AD to prevent chafing between the tail strobe power 
supply and a hydraulic line, which could result in hydraulic fluid 
leakage and possible fire due to arcing, and consequent loss of control 
of the airplane due to structural failure of the tail.

DATES: We must receive comments on this proposed AD by March 22, 2013.

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 W12-140, 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, NJ 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, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221.

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.

[[Page 8053]]

FAA-2012-1322; Directorate Identifier 2012-NM-155-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 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 2012-0162, dated August 29, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Two reports were received concerning Falcon 900 aeroplanes, 
where chafing between the tail strobe power supply and a hydraulic 
line was found. In the latest reported occurrence, the chafing 
damaged the power line and created an electrical arcing which 
created a pin hole in the hydraulic line, leading to hydraulic fluid 
leakage.
    This condition, if not corrected, could jeopardize the 
aeroplane's safe flight.
    To address this potential unsafe condition, Dassault Aviation 
developed modification (M5741) of the routing of the tail strobe 
power supply wire, which is available for accomplishment in service 
through Dassault Service Bulletin (SB) F900-431 or SB F900EX-437, as 
applicable to aeroplane model.
    For the reasons described above, this [EASA] AD requires 
modification of the routing of the tail strobe power supply wire.

The unsafe condition is chafing between the tail strobe power supply 
and a hydraulic line, which could result in hydraulic fluid leakage and 
possible fire due to arcing, and consequent loss of control of the 
airplane due to structural failure of the tail. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Dassault has issued Mandatory Service Bulletin F900-431, dated 
November 8, 2011 (for Model MYSTERE-FALCON 900 airplanes); and 
Mandatory Service Bulletin F900EX-437, dated November 8, 2011 (for 
Model FALCON 900EX airplanes). The actions described in these service 
bulletins 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 180 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $31 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 the proposed AD on U.S. operators to 
be $36,180, or $201 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);
    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 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

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:

DASSAULT AVIATION: Docket No. FAA-2012-1322; Directorate Identifier 
2012-NM-155-AD.

(a) Comments Due Date

    We must receive comments by March 22, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category.
    (1) DASSAULT AVIATION Model MYSTERE-FALCON 900 airplanes, serial 
numbers (S/N) 142 and subsequent.
    (2) DASSAULT AVIATION Model FALCON 900EX airplanes, all serial 
numbers

[[Page 8054]]

except those on which Dassault Aviation modification M5741 has been 
embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical 
Power.

(e) Reason

    This AD was prompted by reports of chafing between the tail 
strobe power supply and a hydraulic line. We are issuing this AD to 
prevent chafing between the tail strobe power supply and a hydraulic 
line, which could result in hydraulic fluid leakage and possible 
fire due to arcing, and consequent loss of control of the airplane 
due to structural failure of the tail.

(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) Actions

    Within 65 days or 200 flight hours after the effective date of 
this AD, whichever occurs first: Modify the tail strobe power supply 
wire routing, in accordance with the Accomplishment Instructions of 
Dassault Mandatory Service Bulletin F900-431, dated November 8, 2011 
(for Model MYSTERE-FALCON 900 airplanes); or Dassault Mandatory 
Service Bulletin F900EX-437, dated November 8, 2011 (for FALCON 
900EX airplanes).

(h) 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.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2012-
0162, dated August 29, 2012, and the service information specified 
in paragraphs (j)(1)(i) and (j)(1)(ii) of this AD, for related 
information.
    (i) Dassault Mandatory Service Bulletin F900-431, dated November 
8, 2011.
    (ii) Dassault Mandatory Service Bulletin F900EX-437, dated 
November 8, 2011.
    (2) For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 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, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on January 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-02450 Filed 2-4-13; 8:45 am]
BILLING CODE 4910-13-P