[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33199-33201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12722]


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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; 
Amendment 39-17466; AD 2013-11-06]
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 Mystere-Falcon 900 and Falcon 900EX airplanes. 
This AD was prompted by reports of chafing between the tail strobe 
power supply and a hydraulic line. This AD requires modifying the tail 
strobe power supply wire routing. 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.

DATES: This AD becomes effective July 9, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 9, 2013.

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 February 5, 2013 (78 
FR 8052). That NPRM proposed to correct an unsafe condition for the 
specified products. 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 8052, February 5, 
2013) 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:

[[Page 33200]]

     Are consistent with the intent that was proposed in the 
NPRM (78 FR 8052, February 5, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 8052, February 5, 2013).

Costs of Compliance

    We estimate that this AD will affect 180 products of U.S. registry. 
We also estimate that it will take about 2 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 $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 this AD to the 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 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 (78 FR 8052, February 5, 
2013), 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.

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:

2013-11-06 Dassault Aviation: Amendment 39-17466. Docket No. FAA-
2012-1322; Directorate Identifier 2012-NM-155-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 9, 
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 142 and subsequent.
    (2) Dassault Aviation Model Falcon 900EX airplanes, all serial 
numbers 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

    Refer to Mandatory Continuing Airworthiness Information European

[[Page 33201]]

Aviation Safety Agency Airworthiness Directive 2012-0162, dated 
August 29, 2012, and the service information specified in paragraphs 
(i)(1) and (i)(2) of this AD, for related information.
    (1) Dassault Mandatory Service Bulletin F900-431, dated November 
8, 2011.
    (2) Dassault Mandatory Service Bulletin F900EX-437, dated 
November 8, 2011.

(j) 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 F900-431, dated November 
8, 2011.
    (ii) Dassault Mandatory Service Bulletin F900EX-437, dated 
November 8, 2011.
    (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 May 17, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-12722 Filed 6-3-13; 8:45 am]
BILLING CODE 4910-13-P