[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23458-23462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09108]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0306; Directorate Identifier 2013-NM-049-AD; 
Amendment 39-17417; AD 2013-07-13]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model FALCON 7X airplanes. This AD requires revising 
the aircraft flight manual (AFM); performing operational tests of the 
oxygen mask oxygen assembly; and replacing affected stowage boxes, 
which terminates the AFM revision and operational tests. This AD was 
prompted by failure of the flight crew oxygen supply due to a 
potentially defective flight crew mask oxygen assembly. We are issuing 
this AD to prevent failure to supply oxygen upon demand to the flight 
crew in flight in ``100%'' and ``Emergency'' modes, which, in an 
emergency, may result in incapacitation of the flight crew.

DATES: This AD becomes effective May 6, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 6, 2013.
    We must receive comments on this AD by June 3, 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the

[[Page 23459]]

Docket Operations office between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
emergency EASA Airworthiness Directive 2013-0059-E, dated March 8, 2013 
(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:

    During an aeroplane delivery flight test, the flight crew oxygen 
supply failed. The technical investigations carried out by the 
flight crew oxygen mask and stowage box manufacturer identified 
potentially defective flight crew mask oxygen assembly part number 
(P/N) MSE30-005-3-8 including stowage box P/N CSD 30-005-3-8.
    This condition, if not detected and corrected, may cause failure 
to supply oxygen upon demand to the flight crew in flight in 
``100%'' and ``Emergency'' modes which, in case of an emergency, may 
result in incapacitation of the flight crew.
    To address this potential unsafe condition, Dassault Aviation 
(DA) issued Service Bulletin (SB) F7X-241, containing instructions 
to identify and replace the affected flight crew oxygen masks and 
stowage boxes.
    For the reasons described above, this [EASA] AD requires 
[revision of the aircraft flight manual and] accomplishment of 
operational tests of each flight crew oxygen mask and replacement of 
the affected stowage boxes with serviceable parts. Replacement 
constitutes terminating action for the [AFM revision and] repetitive 
operational tests.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Dassault Aviation has issued Mandatory Service Bulletin 7X-241, 
dated March 7, 2013. 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Explanation of Compliance Times

    The MCAI requires revising the AFM before further flight. This AD, 
however, provides a compliance time of 14 days, which will provide an 
adequate level of safety without unnecessarily grounding airplanes.
    Replacing affected oxygen mask stowage boxes terminates the 
requirement to revise the AFM. The MCAI requires replacing the stowage 
boxes within a specified time after the effective date. This AD, 
however, requires compliance within the specified time after the AFM 
revision to avoid potentially conflicting compliance times that could 
require operators to replace the stowage box before revising the AFM.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
failure to supply oxygen upon demand to the flight crew in flight in 
``100%'' and ``Emergency'' modes in an emergency may result in 
incapacitation of the flight crew. Therefore, we determined that notice 
and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2013-0306; Directorate 
Identifier 2013-NM-049-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 AD.

Costs of Compliance

    We estimate that this AD will affect 9 products of U.S. registry. 
We also estimate that it will take about 4 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 up to $3,060, or $340 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.

[[Page 23460]]

    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.

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:

2013-07-13 Dassault Aviation: Amendment 39-17417. Docket No. FAA-
2013-0306; Directorate Identifier 2013-NM-049-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 6, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model Falcon 7X airplanes, 
certificated in any category, all serial numbers (S/Ns).

(d) Subject

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

(e) Reason

    This AD was prompted by failure of the flight crew oxygen supply 
due to a potentially defective flight crew mask oxygen assembly. We 
are issuing this AD to prevent failure to supply oxygen upon demand 
to the flight crew in flight in ``100%'' and ``Emergency'' modes 
which, in an emergency, may result in incapacitation of the flight 
crew.

(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) Airplanes Excluded from Certain Requirements

    Airplanes equipped with flight crew mask oxygen assembly part 
number (P/N) MSE30-005-3-8 and a stowage box P/N CSD 30-005-3-8 with 
S/N 1013 or higher, or serial number below 1013 with the suffix ``-
A,'' are not subject to the requirements of paragraphs (h), (i), and 
(l) of this AD.

(h) Revision of Aircraft Flight Manual (AFM)

    Within 14 days after the effective date of this AD, revise the 
Normal Procedures and Limitations sections of the Dassault Falcon 
Aircraft Flight Manual (AFM) to include the statement provided in 
Figure 1 to paragraph (h) of this AD, and thereafter operate the 
airplane accordingly. The AFM revision may be done by inserting a 
copy of this AD into the AFM.

[[Page 23461]]

[GRAPHIC] [TIFF OMITTED] TR19AP13.000


    Note 1 to paragraph (h) of this AD:  When a statement identical 
to that in Figure 1 to paragraph (h) of this AD has been included in 
the Normal Procedures and Limitations sections of the general 
revisions of the AFM, the general revisions may be inserted into the 
AFM, and the copy of this AD may be removed from the AFM.

(i) Operational Test

    After revising the AFM as required by paragraph (h) of this AD: 
At the applicable time specified in paragraph (i)(1) or (i)(2) of 
this AD, do an operational test of the flight crew mask oxygen 
assembly, using the procedure in the ``Quick Donning Oxygen Mask 
Additional Test'' specified in Figure 1 to paragraph (h) of this AD.
    (1) For any flight crew mask oxygen assembly that has 
accumulated less than 50 total flight hours: Do the operational test 
before each flight.
    (2) For any flight crew mask oxygen assembly that has 
accumulated 50 or more total flight hours: Do the operational test 
one time, before further flight.

(j) Corrective Actions

    If any operational test specified in paragraph (i) of this AD is 
not successful: Before further flight, replace the affected stowage 
box with a serviceable stowage box, in accordance with the 
Accomplishment Instructions of Dassault Mandatory Service Bulletin 
7X-241, dated March 7, 2013, except dispatch of the airplane with 
the third crew oxygen mask inoperative is allowed as specified in 
the Master Minimum Equipment List (MMEL) Item 35-3.

[[Page 23462]]

(k) Definition

    For purposes of this AD, a serviceable stowage box has P/N CSD 
30-005-3-8 with any S/N 1013 or higher, or any serial number below 
1013 with the suffix ``-A.''

(l) Terminating Action

    Except as required by paragraph (j) of this AD, at the 
applicable time specified in paragraph (l)(1) or (l)(2) of this AD, 
replace any non-serviceable stowage box with a serviceable stowage 
box, in accordance with the Accomplishment Instructions of Dassault 
Mandatory Service Bulletin 7X-241, dated March 7, 2013. Replacement 
of all affected stowage boxes terminates the requirements of 
paragraphs (h) and (i) of this AD, and the AFM revision required by 
paragraph (h) of this AD may be removed from the AFM.
    (1) For a stowage box that has accumulated less than 50 total 
flight hours as of the effective date of this AD: Replace the 
stowage box within 8 days after the AFM revision required by 
paragraph (h) of this AD.
    (2) For a stowage box that has accumulated 50 or more total 
flight hours as of the effective date of this AD: Replace the 
stowage box within 65 days after the AFM revision required by 
paragraph (h) of this AD.

(m) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
non-serviceable flight crew oxygen mask stowage box any airplane.

(n) 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 refer to 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 ensure the product 
is airworthy before it is returned to service.

(o) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
emergency European Aviation Safety Agency (EASA) Airworthiness 
Directive 2013-0059-E, dated March 8, 2013; and Dassault Mandatory 
Service Bulletin 7X-241, dated March 7, 2013; for related 
information.

(p) 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-241, dated March 7, 
2013.
    (ii) Reserved.
    (3) 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.
    (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 view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 3, 2013.
Ali Bahrami,
Manager,Transport Airplane Directorate,Aircraft Certification Service.
[FR Doc. 2013-09108 Filed 4-18-13; 8:45 am]
BILLING CODE 4910-13-P