[Federal Register: September 13, 2007 (Volume 72, Number 177)]
[Proposed Rules]
[Page 52311-52314]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se07-12]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29175; Directorate Identifier 2007-NM-134-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Mystere-Falcon 50,
Mystere-Falcon 900, Falcon 900EX, Falcon 2000, and Falcon 2000EX
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 the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
A rotating rod in the trailing edge flap control linkage broke
in flight. Investigations revealed that the rotating rod had been
installed in the wrong side during a maintenance operation. This
incorrect installation caused a contact between the rotating rod and
its retaining bracket leading, after some time in operation, to the
rod breakage and flap asymmetry situation.
The consequence on the airplane of the flap asymmetry combined
with a latent failure of the asymmetry detection system is
classified as a catastrophic failure condition.
The unsafe condition is failure of the rotating rod in the control
linkage of the trailing edge flap and consequent flap asymmetry during
the approach to landing, which could result in reduced controllability
of the airplane. The proposed AD would require actions that are
intended to address the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by October 15,
2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
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: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE.,
[[Page 52312]]
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.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, 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. FAA-2007-
29175; Directorate Identifier 2007-NM-134-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://dms.dot.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 2006-0115, dated May 10, 2006 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
A rotating rod in the trailing edge flap control linkage broke
in flight. Investigations revealed that the rotating rod had been
installed in the wrong side during a maintenance operation. This
incorrect installation caused a contact between the rotating rod and
its retaining bracket leading, after some time in operation, to the
rod breakage and flap asymmetry situation.
The consequence on the airplane of the flap asymmetry combined
with a latent failure of the asymmetry detection system is
classified as a catastrophic failure condition.
The unsafe condition is failure of the rotating rod in the control
linkage of the trailing edge flap and consequent flap asymmetry during
the approach to landing, which could result in reduced controllability
of the airplane. The corrective actions include the following:
Verifying the correct assembly of the flap rotating rods and associated
brackets and installing the rod and bracket with correct orientation/
positioning if necessary; and inspecting the rod for damage and
replacing the rod if any damage is found. You may obtain further
information by examining the MCAI in the AD docket.
Relevant Service Information
Dassault has issued the following service information:
------------------------------------------------------------------------
Service
Airplane model Bulletin No. Date
------------------------------------------------------------------------
Mystere-Falcon 50............ F50-468........ March 29, 2006.
Mystere-Falcon 900........... F900-367....... March 29, 2006.
Falcon 900EX................. F900EX-269..... March 29, 2006.
Falcon 2000.................. F2000-326...... March 29, 2006.
Falcon 2000EX................ F2000EX-83..... March 29, 2006.
------------------------------------------------------------------------
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.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 739 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 $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $118,240, or $160 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
[[Page 52313]]
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); and
3. 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, 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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Dassault Aviation: Docket No. FAA-2007-29175; Directorate Identifier
2007-NM-134-AD.
Comments Due Date
(a) We must receive comments by October 15, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD; certificated in any
category.
(1) Dassault Model Mystere-Falcon 50 airplanes on which Dassault
Modification M2996 has not been implemented.
(2) Dassault Model Mystere-Falcon 900 airplanes on which
Dassault Modification M5007 has not been implemented.
(3) Dassault Model Falcon 900EX airplanes on which Dassault
Modification M5007 has not been implemented (including serial number
601 and subsequent, also known as ``DX'' airplanes).
(4) Dassault Model Falcon 2000 and Falcon 2000EX airplanes on
which Dassault Modification M2465 has not been implemented.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
A rotating rod in the trailing edge flap control linkage broke
in flight. Investigations revealed that the rotating rod had been
installed in the wrong side during a maintenance operation. This
incorrect installation caused a contact between the rotating rod and
its retaining bracket leading, after some time in operation, to the
rod breakage and flap asymmetry situation.
The consequence on the airplane of the flap asymmetry combined
with a latent failure of the asymmetry detection system is
classified as a catastrophic failure condition.
The unsafe condition is failure of the rotating rod in the control
linkage of the trailing edge flap and consequent flap asymmetry
during the approach to landing, which could result in reduced
controllability of the airplane. The corrective actions include the
following: Verifying the correct assembly of the flap rotating rods
and associated brackets and installing the rod and bracket with
correct orientation/positioning if necessary; and inspecting the rod
for damage and replacing the rod if any damage is found.
Actions and Compliance
(f) Unless already done, within 330 flight hours or 7 months
after the effective date of this AD, whichever occurs first, do the
following actions.
(1) Verify the correct assembly of the flap rotating rods and
associated retaining brackets installed in the LH (left-hand)/RH
(right-hand) wing root compartment and in the LH and RH main landing
gear compartment and inspect the rod for damage, in accordance with
the applicable Dassault Service Bulletin given in Table 1 of this
AD.
(2) If a rod is found damaged, replace this rod prior to next
flight in accordance with the applicable Dassault Service Bulletin
given in Table 1 of this AD. If the rod orientation or bracket
positioning is not correct, correct the orientation or positioning,
as applicable, prior to next flight in accordance with the
applicable Dassault Service Bulletin given in Table 1 of this AD.
(3) Label the rods and associated retaining brackets in
accordance with the applicable Dassault Service Bulletin given in
Table 1 of this AD.
Table 1.--Dassault Service Bulletins
------------------------------------------------------------------------
Service
Airplane Model Bulletin No. Date
------------------------------------------------------------------------
Mystere-Falcon 50............ F50-468........ March 29, 2006.
Mystere-Falcon 900........... F900-367....... March 29, 2006.
Falcon 900EX................. F900EX-269..... March 29, 2006.
Falcon 2000.................. F2000-326...... March 29, 2006.
Falcon 2000EX................ F2000EX-83..... March 29, 2006.
------------------------------------------------------------------------
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) 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. Send information 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.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(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.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
[[Page 52314]]
Related Information
(h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2006-0115, dated May 10, 2006; and the Dassault Service
Bulletins listed in Table 1 of this AD, for related information.
Issued in Renton, Washington, on August 31, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-18045 Filed 9-12-07; 8:45 am]
BILLING CODE 4910-13-P