Airworthiness Directives; Dassault Model Mystere-Falcon 50 Airplanes, 75319-75321 [E8-29072]
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Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(4) You may also review copies of the
service information 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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
November 26, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–29182 Filed 12–10–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0732; Directorate
Identifier 2008–NM–053–AD; Amendment
39–15762; AD 2008–25–04]
RIN 2120–AA64
Airworthiness Directives; Dassault
Model Mystere-Falcon 50 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This 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:
jlentini on PROD1PC65 with RULES
* * * [S]ome aircraft could have
experienced wing overpressure consecutive
to the latent failure of both [pressure relief]
valve units. Overpressure although not
sufficient to cause static damages could have
impaired the fatigue damage tolerance of the
wing structure. * * *
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
January 15, 2009.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 15, 2009.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
VerDate Aug<31>2005
16:21 Dec 10, 2008
Jkt 217001
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1137; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on July 10, 2008 (73 FR 39628).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
Analysed in-service events revealed that
corrosion of pressure relief valves in wing
fuel tanks was likely to occur well before
reaching their Time Between Overhaul (TBO)
and could make the valves stick in the closed
position.
Therefore some aircraft could have
experienced wing overpressure consecutive
to the latent failure of both valve units.
Overpressure although not sufficient to cause
static damages could have impaired the
fatigue damage tolerance of the wing
structure. Consequently this Airworthiness
Directive (AD) mandates introduction of a
new repetitive inspection of the wing
structure.
The repetitive ultrasonic inspection is
intended to detect incipient cracking on
the stiffeners of the right-hand and lefthand wing lower panels between ribs 13
and 17 (the inspection area extends to
just beyond rib 16). The corrective
actions if any cracking is found include
contacting Dassault for repair
instructions, and doing the repair. You
may obtain further information by
examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received.
Request to Change the Inspection
Interval for the ‘‘Valve Boxes’’
Jim Sparks, a private citizen, requests
that a more practical solution to this
subject would be to change the interval
of inspections for the ‘‘valve boxes.’’ He
states that the reliability of the ‘‘valve
boxes’’ has not been stellar. The
commenter explains that Model
Mystere-Falcon 50 airplanes have two
independent wing fuel tank ‘‘valve
boxes’’ that incorporate over-pressure
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
75319
relief valves coupled with a stand-alone
wing tank pressure reducing/
overpressure relief valve. The
commenter states that because of the
commonality in the system, both
overpressure relief valves and the
regulating valve would have to fail
before any overpressure would occur.
The commenter also states that the
pressure relief valves, along with the
entire system, do have manufacturer’s
recommended intervals for both
operational and functional testing and
that a more practical solution would be
to require a change to the inspection
interval for those ‘‘valve boxes.’’
We disagree with the request to
require a change to the repetitive
inspection interval of the ‘‘valve boxes.’’
The purpose of this AD is to address the
unsafe condition, which is possible
damage to the wing structure due to
over-pressurization. Therefore, we will
be mandating only the inspections of
the lower panel stiffeners. We are aware
that the manufacturer has made changes
to the design of the ‘‘valve boxes’’ and
the inspection interval for them. We
agree with the recommended changes
from the manufacturer in modifying the
design and inspection interval of the
‘‘valve boxes’’ and acknowledge that
they could result in fewer overpressure
occurrences leading to the unsafe
condition of damage to the wing
structure. However, the intent of this
AD is to detect any cracking of the wing
structure that might have a root cause in
an overpressure event. We have not
changed the AD in this regard.
Explanation of Updated Service
Information
Since we issued the NPRM, Dassault
has issued Falcon 50/50EX Maintenance
Manual, Maintenance Procedure 57–
401, ‘‘Non-Destructive Check of the
Wing Lower Panels Stiffeners Between
Ribs 13 and 17 (ATA 57–00–21),’’ dated
July 2008. (We referred to Temporary
Revision 74, dated November 2007, to
the Dassault Falcon 50/50EX
Maintenance Manual, Maintenance
Procedure 57–401, ‘‘Non-Destructive
Check of the Wing Lower Panels
Stiffeners Between Ribs 13 and 16 (ATA
57–00–21),’’ as the appropriate source of
service information in the NPRM.)
Maintenance Procedure 57–401,
Revision July 2008, refers to ‘‘Between
Ribs 13 and 17’’ rather than ‘‘Between
Ribs 13 and 16.’’ The change to refer to
Rib 17 and the corresponding change in
certain sections of the maintenance
procedure more accurately reflect the
inspection area required by this AD and
specified in the MCAI.
We have revised paragraph (f) of this
AD to include two separate paragraphs.
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Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations
The new paragraph (f)(1) refers to
Dassault Falcon 50/50EX Maintenance
Manual, Maintenance Procedure 57–
401, ‘‘Non-Destructive Check of the
Wing Lower Panels Stiffeners Between
Ribs 13 and 17 (ATA 57–00–21),’’ dated
July 2008, as the appropriate source of
service information for doing the actions
required by this AD. The new paragraph
(f)(2) gives credit to operators who
accomplished the actions before the
effective date of this AD in accordance
with Dassault Temporary Revision 74,
dated November 2007.
Conclusion
We reviewed the available data,
including the comment received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these changes will
not increase the economic burden on
any operator or increase the scope of the
AD.
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 required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a NOTE within the AD.
jlentini on PROD1PC65 with RULES
Costs of Compliance
We estimate that this AD will affect
247 products of U.S. registry. We also
estimate that it will take about 6 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the
cost of this AD to the U.S. operators to
be $118,560, or $480 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
VerDate Aug<31>2005
16:21 Dec 10, 2008
Jkt 217001
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 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); 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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains the NPRM, 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.
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
1. The authority citation for part 39
continues to read as follows:
■
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Frm 00016
Fmt 4700
Sfmt 4700
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2008–25–04 Dassault Aviation:
Amendment 39–15762. Docket No.
FAA–2008–0732; Directorate Identifier
2008–NM–053–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective January 15, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Dassault Model
Mystere-Falcon 50 airplanes, certificated in
any category.
Subject
(d) Air Transport Association (ATA) of
America Code 57: Wings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Analyzed in-service events revealed that
corrosion of pressure relief valves in wing
fuel tanks was likely to occur well before
reaching their Time Between Overhaul (TBO)
and could make the valves stick in the closed
position.
Therefore some aircraft could have
experienced wing overpressure consecutive
to the latent failure of both valve units.
Overpressure although not sufficient to cause
static damages could have impaired the
fatigue damage tolerance of the wing
structure. Consequently this Airworthiness
Directive (AD) mandates introduction of a
new repetitive inspection of the wing
structure.
The repetitive ultrasonic inspection is
intended to detect incipient cracking on the
stiffeners of the right-hand and left-hand
wing lower panels between ribs 13 and 17
(the inspection area extends to just beyond
rib 16). The corrective actions if any cracking
is found include contacting Dassault for
repair instructions, and doing the repair.
Actions and Compliance
(f) Unless already accomplished, do the
following actions:
(1) Prior to the accumulation of 14,200
total flight cycles, or within 160 flight cycles
after the effective date of this AD, whichever
occurs later, do the ultrasonic inspection
described in Dassault Falcon 50/50EX
Maintenance Manual, Maintenance
Procedure 57–401, ‘‘Non-Destructive Check
of the Wing Lower Panels Stiffeners Between
Ribs 13 and 17 (ATA 57–00–21),’’ dated July
2008. Do all applicable corrective actions
before further flight. Repeat the inspection
thereafter at intervals not to exceed 5,350
flight cycles.
(2) Actions done before the effective date
of this AD in accordance with Dassault
Temporary Revision 74, dated November
2007, to the Dassault Falcon 50/50EX
Maintenance Manual, Maintenance
Procedure 57–401, ‘‘Non-Destructive Check
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11DER1
Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations
of the Wing Lower Panels Stiffeners Between
Ribs 13 and 16 (ATA 57–00–21),’’ are
acceptable for compliance with the
requirements of paragraph (f)(1) of this AD.
FAA AD Differences
Note 1: 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, ANM–116,
International Branch, 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.
jlentini on PROD1PC65 with RULES
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) Airworthiness
Directive 2008–0021, dated January 31, 2008;
and Dassault Falcon 50/50EX Maintenance
Manual, Maintenance Procedure 57–401,
‘‘Non-Destructive Check of the Wing Lower
Panels Stiffeners Between Ribs 13 and 17
(ATA 57–00–21),’’ dated July 2008; for
related information.
Material Incorporated by Reference
(i) You must use Dassault Falcon 50/50EX
Maintenance Manual, Maintenance
Procedure 57–401, ‘‘Non-Destructive Check
of the Wing Lower Panels Stiffeners Between
Ribs 13 and 17 (ATA 57–00–21),’’ dated July
2008, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Dassault Falcon Jet, P.O. Box
2000, South Hackensack, New Jersey 07606;
telephone 201–440–6700; Internet https://
www.dassaultfalcon.com.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
VerDate Aug<31>2005
16:21 Dec 10, 2008
Jkt 217001
Avenue, SW., Renton, Washington. For
information on the availability of this
material at the FAA, call 425–227–1221 or
425–227–1152.
(4) You may also review copies of the
service information 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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
November 26, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–29072 Filed 12–10–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 6
[Docket No. 080731957–8958–01]
RIN 0605–AA27
Civil Monetary Penalties; Adjustment
for Inflation
AGENCY: Office of the Secretary,
Commerce.
ACTION: Final rule.
SUMMARY: This final rule is being issued
to adjust each civil monetary penalty
provided by law within the jurisdiction
of the Department of Commerce (the
Department). The Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended by the Debt
Collection Improvement Act of 1996,
required the head of each agency to
adjust its civil monetary penalties
(CMP) for inflation no later than October
23, 1996, and requires them to make
adjustments at least once every four
years thereafter. These inflation
adjustments will apply only to
violations that occur after the effective
date of this rule.
DATES: This rule is effective December
11, 2008.
ADDRESSES: Office of General Counsel,
Department of Commerce, 1401
Constitution Avenue, NW., MS 5876,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
Peter Robbins, (202) 482–0846.
SUPPLEMENTARY INFORMATION: The
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410) provided for the regular evaluation
of CMPs to ensure that they continued
to maintain their deterrent value and
that penalty amounts due to the Federal
PO 00000
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Fmt 4700
Sfmt 4700
75321
Government were properly accounted
for and collected. On April 26, 1996, the
Federal Civil Penalties Inflation
Adjustment Act of 1990 was amended
by the Debt Collection Improvement Act
of 1996 (Pub. L. 104–134) to require
each agency to issue regulations to
adjust its CMPs for inflation at least
every four years. The amendment
further provided that any resulting
increases in a CMP due to the inflation
adjustment should apply only to the
violations that occur subsequent to the
date of the publication in the Federal
Register of the increased amount of the
CMP. The first inflation adjustment of
any penalty shall not exceed ten percent
of such penalty.
On October 24, 1996 and November 1,
2000, and again on December 14, 2004,
the Department published in the
Federal Register a schedule of CMP
adjusted for inflation as required by law.
By this publication, CMPs are again
being adjusted for inflation as
prescribed by law.
A civil monetary penalty is defined as
any penalty, fine, or other sanction that:
1. Is for a specific monetary amount
as provided by Federal law, or has a
maximum amount provided for by
Federal law; and,
2. Is assessed or enforced by an
agency pursuant to Federal law; and,
3. Is assessed or enforced pursuant to
an administrative proceeding or a civil
action in the Federal courts.
This regulation adjusts the civil
penalties that are established by law and
assessed or enforced by the Department.
The actual penalty assessed for a
particular violation is dependent upon a
variety of factors. For example, The
National Oceanic and Atmospheric
Administration (NOAA) Civil
Administrative Penalty Schedule (the
Schedule), a compilation of internal
guidelines that are used when assessing
penalties for violations for most of the
statutes NOAA enforces, will be
interpreted in a manner consistent with
this regulation to maintain the deterrent
effect of the penalties recommended
therein. The penalty ranges in the
Schedule are intended to aid
enforcement attorneys in determining
the appropriate penalty to assess for a
particular violation. Pursuant to the
notice published in the Federal Register
(59 FR 19160, April 22, 1994), the
Schedule is maintained and made
available for inspection by the public at
specific locations.
The inflation adjustment was
determined pursuant to the
methodology prescribed by Public Law
101–410, which requires the maximum
CMP, or the minimum and maximum
CMP, as applicable, to be increased by
E:\FR\FM\11DER1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Rules and Regulations]
[Pages 75319-75321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29072]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0732; Directorate Identifier 2008-NM-053-AD;
Amendment 39-15762; AD 2008-25-04]
RIN 2120-AA64
Airworthiness Directives; Dassault Model Mystere-Falcon 50
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:
* * * [S]ome aircraft could have experienced wing overpressure
consecutive to the latent failure of both [pressure relief] valve
units. Overpressure although not sufficient to cause static damages
could have impaired the fatigue damage tolerance of the wing
structure. * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective January 15, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 15,
2009.
ADDRESSES: You may examine the AD docket on the Internet at https://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part
39 to include an AD that would apply to the specified products. That
NPRM was published in the Federal Register on July 10, 2008 (73 FR
39628). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
Analysed in-service events revealed that corrosion of pressure
relief valves in wing fuel tanks was likely to occur well before
reaching their Time Between Overhaul (TBO) and could make the valves
stick in the closed position.
Therefore some aircraft could have experienced wing overpressure
consecutive to the latent failure of both valve units. Overpressure
although not sufficient to cause static damages could have impaired
the fatigue damage tolerance of the wing structure. Consequently
this Airworthiness Directive (AD) mandates introduction of a new
repetitive inspection of the wing structure.
The repetitive ultrasonic inspection is intended to detect
incipient cracking on the stiffeners of the right-hand and left-hand
wing lower panels between ribs 13 and 17 (the inspection area extends
to just beyond rib 16). The corrective actions if any cracking is found
include contacting Dassault for repair instructions, and doing the
repair. You may obtain further information by examining the MCAI in the
AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received.
Request to Change the Inspection Interval for the ``Valve Boxes''
Jim Sparks, a private citizen, requests that a more practical
solution to this subject would be to change the interval of inspections
for the ``valve boxes.'' He states that the reliability of the ``valve
boxes'' has not been stellar. The commenter explains that Model
Mystere-Falcon 50 airplanes have two independent wing fuel tank ``valve
boxes'' that incorporate over-pressure relief valves coupled with a
stand-alone wing tank pressure reducing/overpressure relief valve. The
commenter states that because of the commonality in the system, both
overpressure relief valves and the regulating valve would have to fail
before any overpressure would occur. The commenter also states that the
pressure relief valves, along with the entire system, do have
manufacturer's recommended intervals for both operational and
functional testing and that a more practical solution would be to
require a change to the inspection interval for those ``valve boxes.''
We disagree with the request to require a change to the repetitive
inspection interval of the ``valve boxes.'' The purpose of this AD is
to address the unsafe condition, which is possible damage to the wing
structure due to over-pressurization. Therefore, we will be mandating
only the inspections of the lower panel stiffeners. We are aware that
the manufacturer has made changes to the design of the ``valve boxes''
and the inspection interval for them. We agree with the recommended
changes from the manufacturer in modifying the design and inspection
interval of the ``valve boxes'' and acknowledge that they could result
in fewer overpressure occurrences leading to the unsafe condition of
damage to the wing structure. However, the intent of this AD is to
detect any cracking of the wing structure that might have a root cause
in an overpressure event. We have not changed the AD in this regard.
Explanation of Updated Service Information
Since we issued the NPRM, Dassault has issued Falcon 50/50EX
Maintenance Manual, Maintenance Procedure 57-401, ``Non-Destructive
Check of the Wing Lower Panels Stiffeners Between Ribs 13 and 17 (ATA
57-00-21),'' dated July 2008. (We referred to Temporary Revision 74,
dated November 2007, to the Dassault Falcon 50/50EX Maintenance Manual,
Maintenance Procedure 57-401, ``Non-Destructive Check of the Wing Lower
Panels Stiffeners Between Ribs 13 and 16 (ATA 57-00-21),'' as the
appropriate source of service information in the NPRM.) Maintenance
Procedure 57-401, Revision July 2008, refers to ``Between Ribs 13 and
17'' rather than ``Between Ribs 13 and 16.'' The change to refer to Rib
17 and the corresponding change in certain sections of the maintenance
procedure more accurately reflect the inspection area required by this
AD and specified in the MCAI.
We have revised paragraph (f) of this AD to include two separate
paragraphs.
[[Page 75320]]
The new paragraph (f)(1) refers to Dassault Falcon 50/50EX Maintenance
Manual, Maintenance Procedure 57-401, ``Non-Destructive Check of the
Wing Lower Panels Stiffeners Between Ribs 13 and 17 (ATA 57-00-21),''
dated July 2008, as the appropriate source of service information for
doing the actions required by this AD. The new paragraph (f)(2) gives
credit to operators who accomplished the actions before the effective
date of this AD in accordance with Dassault Temporary Revision 74,
dated November 2007.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 247 products of U.S. registry.
We also estimate that it will take about 6 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $118,560, or $480 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify 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); 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, 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.
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 FAA amends Sec. 39.13 by adding the following new AD:
2008-25-04 Dassault Aviation: Amendment 39-15762. Docket No. FAA-
2008-0732; Directorate Identifier 2008-NM-053-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
15, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Dassault Model Mystere-Falcon 50
airplanes, certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Analyzed in-service events revealed that corrosion of pressure
relief valves in wing fuel tanks was likely to occur well before
reaching their Time Between Overhaul (TBO) and could make the valves
stick in the closed position.
Therefore some aircraft could have experienced wing overpressure
consecutive to the latent failure of both valve units. Overpressure
although not sufficient to cause static damages could have impaired
the fatigue damage tolerance of the wing structure. Consequently
this Airworthiness Directive (AD) mandates introduction of a new
repetitive inspection of the wing structure.
The repetitive ultrasonic inspection is intended to detect
incipient cracking on the stiffeners of the right-hand and left-hand
wing lower panels between ribs 13 and 17 (the inspection area
extends to just beyond rib 16). The corrective actions if any
cracking is found include contacting Dassault for repair
instructions, and doing the repair.
Actions and Compliance
(f) Unless already accomplished, do the following actions:
(1) Prior to the accumulation of 14,200 total flight cycles, or
within 160 flight cycles after the effective date of this AD,
whichever occurs later, do the ultrasonic inspection described in
Dassault Falcon 50/50EX Maintenance Manual, Maintenance Procedure
57-401, ``Non-Destructive Check of the Wing Lower Panels Stiffeners
Between Ribs 13 and 17 (ATA 57-00-21),'' dated July 2008. Do all
applicable corrective actions before further flight. Repeat the
inspection thereafter at intervals not to exceed 5,350 flight
cycles.
(2) Actions done before the effective date of this AD in
accordance with Dassault Temporary Revision 74, dated November 2007,
to the Dassault Falcon 50/50EX Maintenance Manual, Maintenance
Procedure 57-401, ``Non-Destructive Check
[[Page 75321]]
of the Wing Lower Panels Stiffeners Between Ribs 13 and 16 (ATA 57-
00-21),'' are acceptable for compliance with the requirements of
paragraph (f)(1) of this AD.
FAA AD Differences
Note 1: 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, ANM-
116, International Branch, 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.
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2008-0021, dated January 31, 2008; and
Dassault Falcon 50/50EX Maintenance Manual, Maintenance Procedure
57-401, ``Non-Destructive Check of the Wing Lower Panels Stiffeners
Between Ribs 13 and 17 (ATA 57-00-21),'' dated July 2008; for
related information.
Material Incorporated by Reference
(i) You must use Dassault Falcon 50/50EX Maintenance Manual,
Maintenance Procedure 57-401, ``Non-Destructive Check of the Wing
Lower Panels Stiffeners Between Ribs 13 and 17 (ATA 57-00-21),''
dated July 2008, to do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey
07606; telephone 201-440-6700; Internet https://
www.dassaultfalcon.com.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information 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: https://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on November 26, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-29072 Filed 12-10-08; 8:45 am]
BILLING CODE 4910-13-P
