Airworthiness Directives; Dassault Model Mystere-Falcon 50 and 900, and Falcon 900EX Airplanes; and Model Falcon 2000 and Falcon 2000EX Airplanes, 4194-4197 [E7-1204]

Download as PDF 4194 Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations 44 CFR Chapter 1—Federal Emergency Management Agency, Department of Homeland Security Subchapter A—General PART 11—[AMENDED] 2. The authority citation for part 11 continues to read as follows: I Authority: 31 U.S.C. 3701 et seq. Subpart C—[Removed] 3. Subpart C, consisting of §§ 11.30 through 11.65, is removed and reserved. I Dated: January 24, 2007. Michael Chertoff, Secretary. [FR Doc. 07–387 Filed 1–25–07; 2:42 pm] BILLING CODE 4410–10–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–25988; Directorate Identifier 2006–NM–113–AD; Amendment 39–14884; AD 2007–01–12] RIN 2120–AA64 Airworthiness Directives; Dassault Model Mystere-Falcon 50 and 900, and Falcon 900EX Airplanes; and Model Falcon 2000 and Falcon 2000EX Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ycherry on PROD1PC64 with RULES AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Dassault Model Mystere-Falcon 50 and 900, and Falcon 900EX airplanes; and Model Falcon 2000 and Falcon 2000EX airplanes. This AD requires an inspection of the identification plates of the outboard slats to determine the type of identification plates and the part numbers. For certain airplanes, this AD also requires a revision to the Limitations and Normal Procedures sections of the airplane flight manual to provide procedures for operation in icing conditions; and replacement of the anti-icing manifold with an anti-icing manifold of the correct type design if necessary. For certain airplanes, this AD also requires related investigative and corrective actions if necessary. This AD results from a finding that the outboard slats for Model Mystere-Falcon 50 airplanes have been erroneously authorized, in limited cases, as interchangeable for use on Model VerDate Aug<31>2005 15:02 Jan 29, 2007 Jkt 211001 Mystere-Falcon 900 and Falcon 900EX airplanes; and Model Falcon 2000 and Falcon 2000EX airplanes. We are issuing this AD to prevent failure of the anti-icing manifold of the outboard slats, which could result in loss of control of the airplane. DATES: This AD becomes effective March 6, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of March 6, 2007. ADDRESSES: You may examine the AD docket on the Internet at https:// dms.dot.gov or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC. Contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1137; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive (AD) docket on the Internet at https://dms.dot.gov or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain Dassault Model Mystere-Falcon 50 and 900, and Falcon 900EX airplanes; and Model Falcon 2000 and Falcon 2000EX airplanes. That NPRM was published in the Federal Register on October 5, 2006 (71 FR 58755). That NPRM proposed to require an inspection of the identification plates of the outboard slats to determine the type of identification plates and the part numbers. For certain airplanes, that NPRM also proposed to require a revision to the Limitations and Normal Procedures sections of the airplane flight manual to provide procedures for operation in icing conditions; and replacement of the anti-icing manifold with an anti-icing manifold of the PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 correct type design if necessary. For certain airplanes, that NPRM also proposed to require related investigative and corrective actions if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Incorporate by Reference During the NPRM Rulemaking Phase The Modification and Replacement Parts Association (MARPA) states that, typically, ADs are based on service information originating with the type certificate holder or its suppliers. MARPA adds that manufacturer service documents are privately authored instruments generally having copyright protection against duplication and distribution. MARPA notes that when a service document is incorporated by reference into a public document, such as an AD, it loses its private, protected status and becomes a public document. MARPA adds that if a service document is used as a mandatory element of compliance, it should not simply be referenced, but should be incorporated into the regulatory document; by definition, public laws must be public, which means they cannot rely upon private writings. We understand MARPA’s comment concerning incorporation by reference. The Office of the Federal Register (OFR) requires that documents that are necessary to accomplish the requirements of the AD be incorporated by reference during the final rule phase of rulemaking. This final rule incorporates by reference the documents necessary for the accomplishment of the actions required by this AD. Further, we point out that while documents that are incorporated by reference do become public information, they do not lose their copyright protection. For that reason, we advise the public to contact the manufacturer to obtain copies of the referenced service information. Request To Publish Service Information Online MARPA adds that incorporated by reference service documents should be made available to the public by publication in the Docket Management System (DMS), keyed to the action that incorporates them. MARPA notes that the stated purpose of the incorporation by reference method is brevity, to keep from expanding the Federal Register needlessly by publishing documents already in the hands of the affected individuals; traditionally, ‘‘affected individuals’’ means aircraft owners and E:\FR\FM\30JAR1.SGM 30JAR1 Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations operators, who are generally provided service information by the manufacturer. MARPA adds that a new class of affected individuals has emerged, since the majority of aircraft maintenance is now performed by specialty shops instead of aircraft owners and operators. MARPA notes that this new class includes maintenance and repair organizations, component servicing and repair shops, parts purveyors and distributors, and organizations manufacturing or servicing alternatively certified parts under section 21.303 (‘‘Replacement and modification parts’’) of the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the concept of brevity is now nearly archaic as documents exist more frequently in electronic format than on paper. Therefore, MARPA asks that the service documents deemed essential to the accomplishment of the NPRM be incorporated by reference into the regulatory instrument and published in DMS. In regard to the commenter’s request to post service bulletins on the Department of Transportation’s DMS, we are currently in the process of reviewing issues surrounding the posting of service bulletins on DMS as part of an AD docket. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. No change to the final rule is necessary in response to this comment. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance This AD affects about 637 airplanes of U.S. registry. The required inspection takes about 2 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $101,920, or $160 per airplane. ycherry on PROD1PC64 with RULES 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 have 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 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 AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. 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: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): I 2007–01–12 Dassault Aviation: Amendment 39–14884. Docket No. FAA–2006–25988; Directorate Identifier 2006–NM–113–AD. Effective Date (a) This AD becomes effective March 6, 2007. Affected ADs (b) None. Applicability (c) This AD applies to the airplanes identified in Table 1 of this AD, certificated in any category. TABLE 1.—APPLICABILITY Dassault model— Serial Nos.— Mystere-Falcon 50 airplanes. Mystere-Falcon 900 airplanes. Falcon 900EX airplanes. 2 through 344 inclusive. 1 through 202 inclusive. 1 through 96 inclusive and 98 through 154 inclusive. 1 through 223 inclusive. 1 through 69 inclusive. Falcon 2000 airplanes Falcon 2000EX airplanes. Unsafe Condition (d) This AD results from a finding that the outboard slats for Model Mystere-Falcon 50 airplanes have been erroneously authorized, in limited cases, as interchangeable for use on Model Mystere-Falcon 900, and Falcon 900EX airplanes; and Model Falcon 2000 and Falcon 2000EX airplanes. We are issuing this AD to prevent failure of the anti-icing manifold of the outboard slats, which could result in loss of control of the airplane. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Service Bulletin References (f) The term ‘‘service bulletin,’’ as used in this AD, means the Accomplishment Instructions of the service bulletins identified in Table 2 of this AD, as applicable. Although the service bulletins referenced in Table 2 of this AD specify to submit certain information to the manufacturer, this AD does not include that requirement. TABLE 2.—SERVICE BULLETINS Dassault Service Bulletin— Dated— For model— For the actions specified in— F2000–331 ............................................. January 30, 2006 ... Falcon 2000 airplanes .......................... Paragraph (h) of this AD. VerDate Aug<31>2005 15:02 Jan 29, 2007 Jkt 211001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 4195 E:\FR\FM\30JAR1.SGM 30JAR1 4196 Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations TABLE 2.—SERVICE BULLETINS—Continued Dassault Service Bulletin— Dated— F2000EX–91 .......................................... F50–475 ................................................. F50–478 ................................................. F900–370 ............................................... F900EX–273 .......................................... January January January January January Inspection and Corrective Actions for Model Mystere-Falcon 50 Airplanes (g) For Model Mystere-Falcon 50 airplanes: Within 330 flight hours or 7 months after the effective date of this AD, whichever occurs first, inspect the identification plates of the outboard slats to determine the type of identification plates and the part numbers (P/Ns), in accordance with the applicable service bulletin. A review of airplane maintenance records is acceptable in lieu of the inspection if the type of identification plate and the part numbers of the outboard slats can be determined conclusively from that review. If a ‘‘type 3’’ identification plate is installed and mentions ‘‘REP,’’ ‘‘WILMINGTON,’’ ‘‘LITTLE ROCK,’’ or any other repair station, or if the conformity of the slat with the airplane’s type design cannot be positively confirmed, before further flight, do a ‘‘go-no-go’’ diameter check of the air distribution holes of the manifold using a drill bit shank, in accordance with the applicable service bulletin. If the drill bit shank can be inserted through the air distribution holes of the manifold, or if a ‘‘type 1’’ identification plate is installed and inscribed with P/N FGFB134XX or P/N FGFB144XX, or if a slat has multiple identification plates and the vertical field of the most recent plate is inscribed with ‘‘F900’’ or ‘‘MF900,’’ do the actions specified in paragraphs (g)(1) and (g)(2) of this AD. (1) Before further flight after the inspection required by paragraph (g) of this AD: Revise the Limitations and Normal Procedures sections of the Dassault Mystere-Falcon 50 Airplane Flight Manual (AFM), DTM813, to include the information in Dassault Temporary Change (TC) 61, dated January 27, For model— 30, 30, 30, 30, 30, 2006 2006 2006 2006 2006 ... ... ... ... ... For the actions specified in— Falcon 2000EX airplanes ..................... Mystere-Falcon 50 airplanes ................ Mystere-Falcon 50 airplanes ................ Mystere-Falcon 900 airplanes .............. Falcon 900EX airplanes ....................... Paragraph Paragraph Paragraph Paragraph Paragraph 2006, as specified in the TC; or revise the Limitations and Normal Procedures sections of the Dassault Mystere-Falcon 50EX AFM, FM813EX, to include the information in Dassault TC 75, dated January 27, 2006, as specified in the TC; as applicable. These TCs introduce procedures for operation in icing conditions. Operate the airplane according to the limitations and procedures in the applicable TC. Note 1: This may be done by inserting a copy of TC 61 or TC 75 in the AFM, as applicable. When the TC has been included in the general revisions of the AFM, the general revisions may be inserted in the AFM, provided that the relevant information in the general revision is identical to that in TC 61 or TC 75, as applicable. (2) Within 1,530 flight hours after accomplishing the inspection required by paragraph (g) of this AD: Replace the antiicing manifold with an anti-icing manifold of the correct type design, by accomplishing all of the actions specified in the applicable service bulletin, except as provided by paragraph (f) of this AD. Accomplishing the replacement terminates the requirements of paragraph (g)(1) of this AD. After the replacement has been done, the AFM limitation required by paragraph (g)(1) of this AD may be removed from the AFM. Inspection and Replacement for Certain Airplanes (h) For Model Mystere-Falcon 900 and Falcon 900EX airplanes, and Model Falcon 2000 and Falcon 2000EX airplanes: Within 330 flight hours or 7 months after the effective date of this AD, whichever occurs first, inspect the identification plates of the (h) of this AD. (g) of this AD. (g)(2) of this AD. (h) of this AD. (h) of this AD. outboard slats to determine the type of identification plates and the part numbers, and do all related investigative and corrective actions, by accomplishing all of the actions specified in the service bulletin, as applicable, except as provided by paragraph (f) of this AD. Do all applicable related investigative and corrective actions before further flight. A review of airplane maintenance records is acceptable in lieu of the inspection if the type of identification plate and the part numbers of the outboard slats can be determined conclusively from that review. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information (j) European Aviation Safety Agency (EASA) airworthiness directive 2006–0037, dated February 1, 2006, also addresses the subject of this AD. Material Incorporated by Reference (k) You must use the service information identified in Table 3 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. TABLE 3.—MATERIAL INCORPORATED BY REFERENCE Service information Revision level ycherry on PROD1PC64 with RULES Dassault Service Bulletin F2000–331 ........................................................................................................ Dassault Service Bulletin F2000EX–91 ..................................................................................................... Dassault Service Bulletin F50–475 ............................................................................................................ Dassault Service Bulletin F50–478 ............................................................................................................ Dassault Service Bulletin F900–370 .......................................................................................................... Dassault Service Bulletin F900EX–273 ..................................................................................................... Dassault Temporary Change 61 to the Dassault Mystere-Falcon 50 Airplane Flight Manual, DTM813 .. Dassault Temporary Change 75 to the Dassault Mystere-Falcon 50EX Airplane Flight Manual, FM813EX. (The issue date on the second page of Dassault Temporary Change 61 is incorrect; instead of January 27, 2005, that date should be January 27, 2006.) The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR VerDate Aug<31>2005 15:02 Jan 29, 2007 Jkt 211001 part 51. Contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL–401, Nassif Building, Washington, DC; on the PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Original Original Original Original Original Original Original Original ................. ................. ................. ................. ................. ................. ................. ................. Date January January January January January January January January 30, 30, 30, 30, 30, 30, 27, 27, 2006. 2006. 2006. 2006. 2006. 2006. 2006. 2006. Internet at https://dms.dot.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741–6030, or go tohttps:// www.archives.gov/federal_register/ E:\FR\FM\30JAR1.SGM 30JAR1 Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations code_of_federal_regulations/ ibr_locations.html. Airframe and Propulsion Branch, ANE– 171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone (516) 256–7525; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: Issued in Renton, Washington, on December 26, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–1204 Filed 1–29–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–26217; Directorate Identifier 2006–NM–209–AD; Amendment 39–14886; AD 2007–01–14] RIN 2120–AA64 Airworthiness Directives; Bombardier Model DHC–8–400 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ycherry on PROD1PC64 with RULES AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC–8–400 series airplanes. This AD requires revising the Airworthiness Limitations Items (ALI) of the maintenance requirements manual to require additional inspection requirements of the maintenance requirements manual for certain principal structural elements (PSEs) related to fuselage cutouts and to reduce an inspection threshold for an existing ALI task on the aft entry door. This AD results from data obtained from the manufacturer’s fatigue testing. We are issuing this AD to detect and correct fatigue cracking of certain PSEs, which could result in reduced structural integrity of the airplane. DATES: This AD becomes effective March 6, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of March 6, 2007. ADDRESSES: You may examine the AD docket on the Internet at https:// dms.dot.gov or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC. Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: George Duckett, Aerospace Engineer, VerDate Aug<31>2005 15:02 Jan 29, 2007 Jkt 211001 Examining the Docket You may examine the airworthiness directive (AD) docket on the Internet at https://dms.dot.gov or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain Bombardier Model DHC–8–400 series airplanes. That NPRM was published in the Federal Register on November 2, 2006 (71 FR 64482). That NPRM proposed to require revising the Airworthiness Limitations Items (ALI) of the maintenance requirements manual to require additional inspection requirements of the maintenance requirements manual for certain principal structural elements (PSEs) related to fuselage cutouts and to reduce an inspection threshold for an existing ALI task on the aft entry door. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance This AD affects about 21 airplanes of U.S. registry. The required actions take about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of this AD for U.S. operators is $1,680, or $80 per airplane. 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 4197 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 have 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 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 AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. 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: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): I E:\FR\FM\30JAR1.SGM 30JAR1

Agencies

[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Rules and Regulations]
[Pages 4194-4197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1204]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25988; Directorate Identifier 2006-NM-113-AD;
Amendment 39-14884; AD 2007-01-12]
RIN 2120-AA64

Airworthiness Directives; Dassault Model Mystere-Falcon 50 and
900, and Falcon 900EX Airplanes; and Model Falcon 2000 and Falcon
2000EX Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Dassault Model Mystere-Falcon 50 and 900, and Falcon 900EX
airplanes; and Model Falcon 2000 and Falcon 2000EX airplanes. This AD
requires an inspection of the identification plates of the outboard
slats to determine the type of identification plates and the part
numbers. For certain airplanes, this AD also requires a revision to the
Limitations and Normal Procedures sections of the airplane flight
manual to provide procedures for operation in icing conditions; and
replacement of the anti-icing manifold with an anti-icing manifold of
the correct type design if necessary. For certain airplanes, this AD
also requires related investigative and corrective actions if
necessary. This AD results from a finding that the outboard slats for
Model Mystere-Falcon 50 airplanes have been erroneously authorized, in
limited cases, as interchangeable for use on Model Mystere-Falcon 900
and Falcon 900EX airplanes; and Model Falcon 2000 and Falcon 2000EX
airplanes. We are issuing this AD to prevent failure of the anti-icing
manifold of the outboard slats, which could result in loss of control
of the airplane.

DATES: This AD becomes effective March 6, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 6, 2007.

ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
Contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New
Jersey 07606, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

You may examine the airworthiness directive (AD) docket on the
Internet at https://dms.dot.gov or in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the street address stated in the ADDRESSES section.

Discussion

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Dassault Model
Mystere-Falcon 50 and 900, and Falcon 900EX airplanes; and Model Falcon
2000 and Falcon 2000EX airplanes. That NPRM was published in the
Federal Register on October 5, 2006 (71 FR 58755). That NPRM proposed
to require an inspection of the identification plates of the outboard
slats to determine the type of identification plates and the part
numbers. For certain airplanes, that NPRM also proposed to require a
revision to the Limitations and Normal Procedures sections of the
airplane flight manual to provide procedures for operation in icing
conditions; and replacement of the anti-icing manifold with an anti-
icing manifold of the correct type design if necessary. For certain
airplanes, that NPRM also proposed to require related investigative and
corrective actions if necessary.

Comments

We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.

Request To Incorporate by Reference During the NPRM Rulemaking Phase

The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs are based on service information originating with
the type certificate holder or its suppliers. MARPA adds that
manufacturer service documents are privately authored instruments
generally having copyright protection against duplication and
distribution. MARPA notes that when a service document is incorporated
by reference into a public document, such as an AD, it loses its
private, protected status and becomes a public document. MARPA adds
that if a service document is used as a mandatory element of
compliance, it should not simply be referenced, but should be
incorporated into the regulatory document; by definition, public laws
must be public, which means they cannot rely upon private writings.
We understand MARPA's comment concerning incorporation by
reference. The Office of the Federal Register (OFR) requires that
documents that are necessary to accomplish the requirements of the AD
be incorporated by reference during the final rule phase of rulemaking.
This final rule incorporates by reference the documents necessary for
the accomplishment of the actions required by this AD. Further, we
point out that while documents that are incorporated by reference do
become public information, they do not lose their copyright protection.
For that reason, we advise the public to contact the manufacturer to
obtain copies of the referenced service information.

Request To Publish Service Information Online

MARPA adds that incorporated by reference service documents should
be made available to the public by publication in the Docket Management
System (DMS), keyed to the action that incorporates them. MARPA notes
that the stated purpose of the incorporation by reference method is
brevity, to keep from expanding the Federal Register needlessly by
publishing documents already in the hands of the affected individuals;
traditionally, ``affected individuals'' means aircraft owners and

[[Page 4195]]

operators, who are generally provided service information by the
manufacturer. MARPA adds that a new class of affected individuals has
emerged, since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. MARPA notes
that this new class includes maintenance and repair organizations,
component servicing and repair shops, parts purveyors and distributors,
and organizations manufacturing or servicing alternatively certified
parts under section 21.303 (``Replacement and modification parts'') of
the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the
concept of brevity is now nearly archaic as documents exist more
frequently in electronic format than on paper. Therefore, MARPA asks
that the service documents deemed essential to the accomplishment of
the NPRM be incorporated by reference into the regulatory instrument
and published in DMS.
In regard to the commenter's request to post service bulletins on
the Department of Transportation's DMS, we are currently in the process
of reviewing issues surrounding the posting of service bulletins on DMS
as part of an AD docket. Once we have thoroughly examined all aspects
of this issue and have made a final determination, we will consider
whether our current practice needs to be revised. No change to the
final rule is necessary in response to this comment.

Conclusion

We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD as proposed.

Costs of Compliance

This AD affects about 637 airplanes of U.S. registry. The required
inspection takes about 2 work hours per airplane, at an average labor
rate of $80 per work hour. Based on these figures, the estimated cost
of the AD for U.S. operators is $101,920, or $160 per airplane.

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 have 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 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 AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):

2007-01-12 Dassault Aviation: Amendment 39-14884. Docket No. FAA-
2006-25988; Directorate Identifier 2006-NM-113-AD.

Effective Date

(a) This AD becomes effective March 6, 2007.

Affected ADs

(b) None.

Applicability

Table 1.--Applicability
------------------------------------------------------------------------
Dassault model-- Serial Nos.--
------------------------------------------------------------------------
Mystere-Falcon 50 airplanes............... 2 through 344 inclusive.
Mystere-Falcon 900 airplanes.............. 1 through 202 inclusive.
Falcon 900EX airplanes.................... 1 through 96 inclusive and
98 through 154 inclusive.
Falcon 2000 airplanes..................... 1 through 223 inclusive.
Falcon 2000EX airplanes................... 1 through 69 inclusive.
------------------------------------------------------------------------

Unsafe Condition

(d) This AD results from a finding that the outboard slats for
Model Mystere-Falcon 50 airplanes have been erroneously authorized,
in limited cases, as interchangeable for use on Model Mystere-Falcon
900, and Falcon 900EX airplanes; and Model Falcon 2000 and Falcon
2000EX airplanes. We are issuing this AD to prevent failure of the
anti-icing manifold of the outboard slats, which could result in
loss of control of the airplane.

Compliance

(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Service Bulletin References

(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of the service bulletins identified in
Table 2 of this AD, as applicable. Although the service bulletins
referenced in Table 2 of this AD specify to submit certain
information to the manufacturer, this AD does not include that
requirement.

Table 2.--Service Bulletins
----------------------------------------------------------------------------------------------------------------
For the actions
Dassault Service Bulletin-- Dated-- For model-- specified in--
----------------------------------------------------------------------------------------------------------------
F2000-331......................... January 30, 2006.............. Falcon 2000 airplanes Paragraph (h) of this
AD.

[[Page 4196]]

F2000EX-91........................ January 30, 2006.............. Falcon 2000EX Paragraph (h) of this
airplanes. AD.
F50-475........................... January 30, 2006.............. Mystere-Falcon 50 Paragraph (g) of this
airplanes. AD.
F50-478........................... January 30, 2006.............. Mystere-Falcon 50 Paragraph (g)(2) of
airplanes. this AD.
F900-370.......................... January 30, 2006.............. Mystere-Falcon 900 Paragraph (h) of this
airplanes. AD.
F900EX-273........................ January 30, 2006.............. Falcon 900EX Paragraph (h) of this
airplanes. AD.
----------------------------------------------------------------------------------------------------------------

Inspection and Corrective Actions for Model Mystere-Falcon 50 Airplanes

(g) For Model Mystere-Falcon 50 airplanes: Within 330 flight
hours or 7 months after the effective date of this AD, whichever
occurs first, inspect the identification plates of the outboard
slats to determine the type of identification plates and the part
numbers (P/Ns), in accordance with the applicable service bulletin.
A review of airplane maintenance records is acceptable in lieu of
the inspection if the type of identification plate and the part
numbers of the outboard slats can be determined conclusively from
that review. If a ``type 3'' identification plate is installed and
mentions ``REP,'' ``WILMINGTON,'' ``LITTLE ROCK,'' or any other
repair station, or if the conformity of the slat with the airplane's
type design cannot be positively confirmed, before further flight,
do a ``go-no-go'' diameter check of the air distribution holes of
the manifold using a drill bit shank, in accordance with the
applicable service bulletin. If the drill bit shank can be inserted
through the air distribution holes of the manifold, or if a ``type
1'' identification plate is installed and inscribed with P/N
FGFB134XX or P/N FGFB144XX, or if a slat has multiple identification
plates and the vertical field of the most recent plate is inscribed
with ``F900'' or ``MF900,'' do the actions specified in paragraphs
(g)(1) and (g)(2) of this AD.
(1) Before further flight after the inspection required by
paragraph (g) of this AD: Revise the Limitations and Normal
Procedures sections of the Dassault Mystere-Falcon 50 Airplane
Flight Manual (AFM), DTM813, to include the information in Dassault
Temporary Change (TC) 61, dated January 27, 2006, as specified in
the TC; or revise the Limitations and Normal Procedures sections of
the Dassault Mystere-Falcon 50EX AFM, FM813EX, to include the
information in Dassault TC 75, dated January 27, 2006, as specified
in the TC; as applicable. These TCs introduce procedures for
operation in icing conditions. Operate the airplane according to the
limitations and procedures in the applicable TC.

Note 1: This may be done by inserting a copy of TC 61 or TC 75
in the AFM, as applicable. When the TC has been included in the
general revisions of the AFM, the general revisions may be inserted
in the AFM, provided that the relevant information in the general
revision is identical to that in TC 61 or TC 75, as applicable.

(2) Within 1,530 flight hours after accomplishing the inspection
required by paragraph (g) of this AD: Replace the anti-icing
manifold with an anti-icing manifold of the correct type design, by
accomplishing all of the actions specified in the applicable service
bulletin, except as provided by paragraph (f) of this AD.
Accomplishing the replacement terminates the requirements of
paragraph (g)(1) of this AD. After the replacement has been done,
the AFM limitation required by paragraph (g)(1) of this AD may be
removed from the AFM.

Inspection and Replacement for Certain Airplanes

(h) For Model Mystere-Falcon 900 and Falcon 900EX airplanes, and
Model Falcon 2000 and Falcon 2000EX airplanes: Within 330 flight
hours or 7 months after the effective date of this AD, whichever
occurs first, inspect the identification plates of the outboard
slats to determine the type of identification plates and the part
numbers, and do all related investigative and corrective actions, by
accomplishing all of the actions specified in the service bulletin,
as applicable, except as provided by paragraph (f) of this AD. Do
all applicable related investigative and corrective actions before
further flight. A review of airplane maintenance records is
acceptable in lieu of the inspection if the type of identification
plate and the part numbers of the outboard slats can be determined
conclusively from that review.

Alternative Methods of Compliance (AMOCs)

(i)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.

Related Information

(j) European Aviation Safety Agency (EASA) airworthiness
directive 2006-0037, dated February 1, 2006, also addresses the
subject of this AD.

Material Incorporated by Reference

(k) You must use the service information identified in Table 3
of this AD to perform the actions that are required by this AD,
unless the AD specifies otherwise.

Table 3.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Service information Revision level Date
----------------------------------------------------------------------------------------------------------------
Dassault Service Bulletin F2000-331..... Original.......................... January 30, 2006.
Dassault Service Bulletin F2000EX-91.... Original.......................... January 30, 2006.
Dassault Service Bulletin F50-475....... Original.......................... January 30, 2006.
Dassault Service Bulletin F50-478....... Original.......................... January 30, 2006.
Dassault Service Bulletin F900-370...... Original.......................... January 30, 2006.
Dassault Service Bulletin F900EX-273.... Original.......................... January 30, 2006.
Dassault Temporary Change 61 to the Original.......................... January 27, 2006.
Dassault Mystere-Falcon 50 Airplane
Flight Manual, DTM813.
Dassault Temporary Change 75 to the Original.......................... January 27, 2006.
Dassault Mystere-Falcon 50EX Airplane
Flight Manual, FM813EX.
----------------------------------------------------------------------------------------------------------------

(The issue date on the second page of Dassault Temporary Change 61
is incorrect; instead of January 27, 2005, that date should be
January 27, 2006.) The Director of the Federal Register approved the
incorporation by reference of these documents in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Contact Dassault Falcon Jet, P.O.
Box 2000, South Hackensack, New Jersey 07606, for a copy of this
service information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street,
SW., Room PL-401, Nassif Building, Washington, DC; on the Internet
at https://dms.dot.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go tohttps://
www.archives.gov/federal_register/

[[Page 4197]]

code--of--federal--regulations/ibr--locations.html.

Issued in Renton, Washington, on December 26, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-1204 Filed 1-29-07; 8:45 am]
BILLING CODE 4910-13-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.