[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Proposed Rules]
[Pages 44473-44475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17765]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0626; Directorate Identifier 2012-NM-180-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 all 
DASSAULT AVIATION Model FAN JET FALCON; Model MYSTERE-FALCON 200 
airplanes; and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 
airplanes. This proposed AD was prompted by reports of defective fire 
extinguisher bottle cartridges. This proposed AD would require checking 
manufacturing references of pyrotechnical cartridges for batch number 
and date, repetitive checking of cartridges for electrical continuity, 
and replacing defective pyrotechnical cartridges if necessary. We are 
proposing this AD to detect and correct defective fire bottle 
cartridges, which could affect the capability to extinguish a fire in 
an engine, auxiliary power unit, or rear compartment, which could 
result in damage to the airplane and injury to the occupants.

DATES: We must receive comments on this proposed AD by September 9, 
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, WA 98057-3356; phone: 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. FAA-2013-0626; 
Directorate Identifier 2012-NM-180-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 aviation 
authority for the Member States of the European Community, has issued 
EASA

[[Page 44474]]

Airworthiness Directive 2012-0190, dated September 24, 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:

    Several defective fire bottle cartridges have been reported on 
certain Dassault Aviation Fan Jet Falcon and Myst[egrave]re-Falcon 
20-() 5 aeroplanes.
    The results of the investigations concluded that there was a 
production quality issue with the fire bottle cartridge. In 
addition, the part numbers (P/N) of the fire bottle cartridge and 
the batch numbers have been identified.
    This condition, if not detected and corrected, could constitute 
a dormant failure that might impact the capability to extinguish a 
fire, either in an engine or the Auxiliary Power Unit, or the rear 
compartment, possibly resulting in damage to the aeroplane and 
injury to the occupants.
    For the reason described above, this [EASA] AD requires 
repetitive checking of the electrical continuity [and of the 
references] of the fire extinguishers bottles cartridges 
[extinguisher bottle cartridges] and depending on findings, 
replacement of an affected part with a serviceable part. It also 
ultimately requires replacement of any affected cartridges with a 
serviceable part. In addition, this [EASA] AD prohibits installation 
of an affected fire extinguisher bottle cartridge.

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

Relevant Service Information

    Dassault has issued Mandatory Service Bulletin F20-783, Revision 1, 
dated June 11, 2012 (for Model FAN JET FALCON and MYSTERE-FALCON 20-()5 
airplanes); and Mandatory Service Bulletin F200-128, Revision 1, dated 
June 11, 2012 (for Model MYSTERE-FALCON 200 airplanes). 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 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 185 products of U.S. registry. We also estimate that 
it would take about 5 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 $6,300 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 $1,244,125, or $6,725 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-2013-0626; Directorate Identifier 
2012-NM-180-AD.

(a) Comments Due Date

    We must receive comments by September 9, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the DASSAULT AVIATION airplanes identified in 
paragraphs (c)(1) through (c)(3) of this AD, certificated in any 
category, all serial numbers.
    (1) Model FAN JET FALCON airplanes,
    (2) Model MYSTERE-FALCON 200 airplanes,
    (3) Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
Protection.

(e) Reason

    This AD was prompted by reports of defective fire bottle 
cartridges. We are issuing this AD to detect and correct defective 
fire bottle cartridges which could impact the capability to 
extinguish a fire, either in an engine, auxiliary power unit, or 
rear compartment, which could result in damage to the airplane and 
injury to the occupants.

(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) Checks of References of Cartridges

    For airplanes equipped with fire extinguisher bottle cartridges 
having a part number (P/N), batch number, and manufacturing date as 
listed in paragraph (g)(1), (g)(2), or (g)(3) of this AD: Within 30

[[Page 44475]]

days or 100 flight hours, whichever occurs first after the effective 
date of this AD, check the manufacturing references of pyrotechnical 
cartridges for batch number and date, and check the cartridges for 
electrical continuity and resistance, in accordance with the 
Accomplishment Instructions of Dassault Mandatory Service Bulletin 
F20-783, Revision 1, dated June 11, 2012 (for Model FAN JET FALCON 
and MYSTERE-FALCON 20-()5 airplanes); or Dassault Mandatory Service 
Bulletin F200-128, Revision 1, dated June 11, 2012 (for Model 
MYSTERE-FALCON 200 airplanes).
    (1) P/N 12-12-11707S1-4, with batch up to 44 inclusive, 
manufactured before May 2012.
    (2) P/N 12-12-11707S2-4, with batch up to 33 inclusive, 
manufactured before May 2012.
    (3) P/N 12-12-11707S3-4, with batch up to 44 inclusive, 
manufactured before May 2012.

(h) Replacement

    If, during any check as required by paragraphs (g) and (i) of 
this AD, a discrepancy [excessive resistance or cartridges 
references matching (g)(1) through (g)(3)] is identified, before 
next flight, replace the discrepant fire extinguisher bottle 
cartridge(s) with a serviceable part, in accordance with the 
Accomplishment Instructions of Dassault Mandatory Service Bulletin 
F20-783, Revision 1, dated June 11, 2012 (for Model FAN JET FALCON 
and MYSTERE-FALCON 20-()5 airplanes); or Dassault Mandatory Service 
Bulletin F200-128, Revision 1, dated June 11, 2012 (for Model 
MYSTERE-FALCON 200 airplanes). Replacement of discrepant fire 
extinguisher bottle cartridges with a serviceable part terminates 
the repetitive actions required by paragraph (i) of this AD for that 
cartridge.

(i) Repetitive Checks

    At the applicable time specified in paragraph (i)(1) and (i)(2) 
of this AD, repeat the checks required by paragraph (g) of this AD.
    (1) For airplanes equipped with fire extinguisher bottle 
cartridges having P/N 12-12-11707S3-4, having a batch number, and 
manufacturing date, as listed in paragraph (g)(3) of this AD, at 
intervals not to exceed 65 days.
    (2) For airplanes equipped with fire extinguisher bottle 
cartridges having P/N 12-12-11707S1-4 or P/N 12-12-11707S2-4, having 
a batch number, and manufacturing date, as listed in paragraph 
(g)(1) or (g)(2) of this AD, at intervals not to exceed 12 months.

(j) Replacement

    Except as required by paragraph (h) of this AD: Within 30 months 
after installation of an affected fire extinguisher bottle cartridge 
on an airplane, or within 36 months since cartridge manufacturing 
date, whichever occurs first after the effective date of this AD, 
replace each affected fire extinguisher bottle cartridge listed in 
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, with a serviceable 
part, in accordance with the Accomplishment Instructions of Dassault 
Mandatory Service Bulletin F20-783, Revision 1, dated June 11, 2012 
(for Model FAN JET FALCON and MYSTERE-FALCON 20-()5 airplanes); or 
Dassault Mandatory Service Bulletin F200-128, Revision 1, dated June 
11, 2012 (for Model MYSTERE-FALCON 200 airplanes). Replacing the 
affected fire extinguisher bottle cartridge with a serviceable part 
as required by paragraph (h) or (j) of this AD, terminates the 
repetitive actions required by paragraph (i) of this AD for that 
cartridge.

(k) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
fire extinguisher bottle cartridge having a part number (P/N), batch 
number, and manufacturing date as listed in paragraph (g)(1), 
(g)(2), or (g)(3) of this AD, on any airplane.

(l) 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2012-0190, dated September 24, 2012; and the service 
bulletins specified in (m)(1)(i) and (m)(1)(ii) of this AD, for 
related information.
    (i) Dassault Mandatory Service Bulletin F20-783, Revision 1, 
dated June 11, 2012 (for Model FAN JET FALCON and MYSTERE-FALCON 20-
()5 airplanes);
    (ii) Dassault Mandatory Service Bulletin F200-128, Revision 1, 
dated June 11, 2012 (for Model MYSTERE-FALCON 200 airplanes).
    (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 July 12, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-17765 Filed 7-23-13; 8:45 am]
BILLING CODE 4910-13-P