[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Rules and Regulations]
[Pages 68355-68357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27071]


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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; 
Amendment 39-17642; AD 2013-22-10]
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 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 AD was prompted by reports of defective fire 
extinguisher bottle cartridges. This AD requires 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 
issuing this AD to detect and correct defective fire bottle cartridges, 
which could impact 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: This AD becomes effective December 19, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 19, 
2013.

ADDRESSES: You may examine the AD on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0626; 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 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 view this 
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.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 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 by adding an AD that would apply to the specified products. The 
NPRM published in the Federal Register on July 24, 2013 (78 FR 44473). 
The 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 2012-0190, 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 examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0626-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 44473, July 24, 
2013) or on the determination of the cost to the public.

[[Page 68356]]

Explanation of Change Made to the AD

    We have removed the phrase ``or cartridges references matching 
(g)(1) through (g)(3)'' in paragraph (h) of this final rule since only 
parts that have excessive resistance must be replaced before further 
flight.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this AD with the change described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 44473, July 24, 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 44473, July 24, 2013).

Costs of Compliance

    We estimate that this AD affects 185 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Check and Replacement...............  5 work-hours x $85 per           $6,300           $6,725       $1,244,125
                                       hour = $425.
----------------------------------------------------------------------------------------------------------------

    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.

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 MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0626-0002; 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 AD, the MCAI, 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:

2013-22-10 Dassault Aviation: Amendment 39-17642. Docket No. FAA-
2013-0626; Directorate Identifier 2012-NM-180-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 19, 
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 extinguisher 
bottle cartridges. We are issuing this AD to detect and correct 
defective fire bottle cartridges, which could impact 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.

(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 
days or 100 flight hours, whichever occurs first after the effective 
date of this AD, check the manufacturing references of

[[Page 68357]]

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 (also referred to as 783-R1), dated 
June 11, 2012 (for Model Fan Jet Falcon and Mystere-Falcon 20-C5, 
20-D5, 20-E5, and 20-F5 airplanes); or Dassault Mandatory Service 
Bulletin F200-128, Revision 1 (also referred to as 128-R1), 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] 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 (also referred to as 783-R1), dated June 11, 
2012 (for Model Fan Jet Falcon and Mystere-Falcon 20-C5, 20-D5, 20-
E5, and 20-F5 airplanes); or Dassault Mandatory Service Bulletin 
F200-128, Revision 1 (also referred to as 128-R1), 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) or (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 (also referred to as 
783-R1), dated June 11, 2012 (for Model Fan Jet Falcon and Mystere-
Falcon 20-C5, 20-D5, 20-E5, and 20-F5 airplanes); or Dassault 
Mandatory Service Bulletin F200-128, Revision 1 (also referred to as 
128-R1), 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, batch 
number, and manufacturing date as specified 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

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency (EASA) Airworthiness Directive 2012-
0190, dated September 24, 2012, for related information. You may 
examine this AD on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0626-0002.

(n) 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 this AD specifies otherwise.
    (i) Dassault Mandatory Service Bulletin F20-783, Revision 1 
(also referred to as 783-R1), dated June 11, 2012.
    (ii) Dassault Mandatory Service Bulletin F200-128, Revision 1 
(also referred to as 128-R1), dated June 11, 2012.
    (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 this 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.
    (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 October 18, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-27071 Filed 11-13-13; 8:45 am]
BILLING CODE 4910-13-P