Airworthiness Directives; DASSAULT AVIATION Model MYSTERE-FALCON 900 Airplanes, 68368-68370 [2011-28578]
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68368
Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules
Credit for Actions Accomplished in
Accordance With Previous Service
Information
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
(i) Replacing certain single-tabbed bonding
brackets with two-tabbed bonding brackets in
accordance with Boeing Alert Service
Bulletin 777–55A0014, dated May 8, 2008,
before the effective date of this AD, is
acceptable for compliance with the
corresponding modification required by
paragraph (g) of this AD.
(j) Installing new bonding jumpers, and
doing resistance measurements of the
modified installation that verify the
resistance is within the specified limits, in
accordance with Boeing Alert Service
Bulletin 777–55A0010, dated October 26,
2000, before the effective date of this AD, is
acceptable for compliance with the
corresponding modification required by
paragraph (h) of this AD.
Alternative Methods of Compliance
(AMOCs)
14 CFR Part 39
[Docket No. FAA–2011–1164; Directorate
Identifier 2011–NM–084–AD]
RIN 2120–AA64
Airworthiness Directives; DASSAULT
AVIATION Model MYSTERE-FALCON
900 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all
DASSAULT AVIATION Model
MYSTERE-FALCON 900 airplanes. 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:
SUMMARY:
Several Mystere-Falcon 900 aeroplanes
experienced fuel leakage from a defective
fuel high-level sensor located in the wing
front spar.
Investigations revealed that the leakage
was due to a defective fuel quantity sensor
* * *.
This condition, if not detected and
corrected, could lead to an internal fuel
leakage with significant fuel vapours, which
could result in a fire hazard.
Related Information
jlentini on DSK4TPTVN1PROD with PROPOSALS
(k)(1) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
*
(l) For more information about this AD,
contact Georgios Roussos, Aerospace
Engineer, Systems and Equipment Branch,
ANM–130S, Seattle Aircraft Certification
Office (ACO), FAA, 1601 Lind Avenue SW.,
Renton, Washington 98057–3356; telephone
(425) 917–6482; fax (425) 917–6590; email:
georgios.roussos@faa.gov.
(m) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
(206) 544–5000, extension 1; fax (206) 766–
5680; email me.boecom@boeing.com; Internet
https://www.myboeingfleet.com. You may
review copies of the referenced service
information 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.
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 December 19,
2011.
Issued in Renton, Washington, on October
20, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2011–28568 Filed 11–3–11; 8:45 am]
BILLING CODE 4910–13–P
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*
*
*
*
You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
For service information identified in
this proposed AD, contact Dassault
Falcon Jet, P.O. Box 2000, South
ADDRESSES:
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
Hackensack, New Jersey 07606;
telephone (201) 440–6700; Internet
https://www.dassaultfalcon.com. You
may review copies of the referenced
service information 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.
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 this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton,
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–2011–1164; Directorate Identifier
2011–NM–084–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 https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2011–0049,
dated March 21, 2011 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
E:\FR\FM\04NOP1.SGM
04NOP1
Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules
Several Mystere-Falcon 900 aeroplanes
experienced fuel leakage from a defective
fuel high-level sensor located in the wing
front spar.
Investigations revealed that the leakage
was due to a defective fuel quantity sensor
Part Number (P/N) 722105–2.
This condition, if not detected and
corrected, could lead to an internal fuel
leakage with significant fuel vapours, which
could result in a fire hazard.
To address this unsafe condition, Dassault
Aviation have developed an improved fuel
quantity sensor with a new concept of
sealing.
For the reasons described above, this AD
requires the identification of the affected
sensors and replacement with the improved
part.
registry. We also estimate that it would
take about 4 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $4,000 per
product. Where the service information
lists required parts costs that are
covered under warranty, we have
assumed that there will be no charge for
these parts. As we do not control
warranty coverage for affected parties,
some parties may incur costs higher
than estimated here. Based on these
figures, we estimate the cost of the
proposed AD on U.S. operators to be
$477,400, or $4,340 per product.
You may obtain further information by
examining the MCAI in the AD docket.
Authority for This Rulemaking
Relevant Service Information
Dassault has issued Service Bulletin
F900–410, dated December 20, 2010.
The actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI.
jlentini on DSK4TPTVN1PROD with PROPOSALS
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 110 products of U.S.
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Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); 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
PO 00000
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Sfmt 4702
68369
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
DASSAULT AVIATION: Docket No. FAA–
2011–1164; Directorate Identifier 2011–
NM–084–AD.
Comments Due Date
(a) We must receive comments by
December 19, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to DASSAULT
AVIATION Model MYSTERE-FALCON 900
airplanes; certificated in any category; all
serial numbers.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Several Mystere-Falcon 900 aeroplanes
experienced fuel leakage from a defective
fuel high-level sensor located in the wing
front spar.
Investigations revealed that the leakage
was due to a defective fuel quantity sensor
* * *.
This condition, if not detected and
corrected, could lead to an internal fuel
leakage with significant fuel vapours, which
could result in a fire hazard.
*
*
*
*
*
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Part Identification and Replacement
(g) Within 440 flight hours or 9 months
after the effective date of this AD, whichever
occurs first, do the following actions
specified in paragraphs (g)(1) and (g)(2) of
this AD.
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68370
Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules
(1) Inspect the fuel quantity sensors to
determine whether part number (P/N)
722105–2 is installed.
(2) Replace all P/N 722105–2 fuel quantity
sensors with new P/N 722105–3 fuel quantity
sensors, in accordance with the
Accomplishment Instructions of Dassault
Service Bulletin F900–410, dated December
20, 2010.
Issued in Renton, Washington, on October
20, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2011–28578 Filed 11–3–11; 8:45 am]
BILLING CODE 4910–13–P
Parts Installation
DEPARTMENT OF THE TREASURY
(h) As of the effective date of this AD, no
person may install a fuel quantity sensor
having P/N 722105–2 on any airplane.
Internal Revenue Service
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: The
MCAI specifies, for certain airplanes, to not
install fuel quantity sensor P/N 722105–2
after doing the modification This AD
prohibits, for all airplanes, installation of fuel
quantity sensor P/N 722105–2 after the
effective date of this AD.
jlentini on DSK4TPTVN1PROD with PROPOSALS
Other FAA AD Provisions
(i) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Tom Rodriguez, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; telephone: (425) 227–1137; fax: (425)
227–1149. Information may be emailed to:
9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
26 CFR Part 1
[REG–114749–09]
RIN 1545–BI63
Tax Accounting Elections on Behalf of
Foreign Corporations
Internal Revenue Service (IRS),
Treasury.
ACTION: Withdrawal of notice of
proposed rulemaking and notice of
proposed rulemaking.
AGENCY:
These proposed regulations
would clarify the rules for controlling
domestic shareholders to adopt or
change a method of accounting or
taxable year on behalf of a foreign
corporation. The regulations affect
United States persons that own stock in
certain foreign corporations.
DATES: Written or electronic comments
and requests for a public hearing must
be received by February 2, 2012.
ADDRESSES: Send submissions to
CC:PA:LPD:PR (REG–114749–09), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered between the
hours of 8 a.m. and 4 p.m. to
CC:PA:LPD:PR (REG–114749–09),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW.,
Washington DC 20224 or sent
electronically via the Federal
Rulemaking Portal at https://
www.regulations.gov (IRS REG–114749–
09).
FOR FURTHER INFORMATION CONTACT:
Concerning submission of comments,
Oluwafunmilayo (Funmi) Taylor (202)
622–7180; concerning the regulations,
Joseph W. Vetting (202) 622–3402 (not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Related Information
Background
(j) Refer to MCAI European Aviation Safety
Agency Airworthiness Directive 2011–0049,
dated March 21, 2011; and Dassault Service
Bulletin F900–410, dated December 20, 2010;
for related information.
On April 17, 1991, a notice of
proposed rulemaking (INTL–939–86)
under sections 953, 954, 964, 1248, and
6046 of the Internal Revenue Code
(Code) was published in the Federal
Register (56 FR 15540) (the 1991
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16:16 Nov 03, 2011
Jkt 226001
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Frm 00005
Fmt 4702
Sfmt 4702
proposed regulations). No comments
were received with respect to the
proposed amendments under section
964, which would provide a special
definition of controlling domestic
shareholders for certain controlled
foreign corporations with insurance
income. Comments were received on
other provisions of the 1991 proposed
regulations, but no public hearing was
requested and none was held.
On July 1, 1992, a notice of proposed
rulemaking (INTL–0018–92) under
sections 952 and 964 of the Code was
published in the Federal Register (57
FR 29246). A correction to the notice of
proposed rulemaking was published on
October 8, 1992, in the Federal Register
(57 FR 46355). The proposed regulations
would modify the regulations relating to
required book-to-tax adjustments in
respect of depreciation and inventory
accounting. Comments were received. A
public hearing was not requested and
none was held.
Final regulations published on June
10, 2009 (TD 9452) provided guidance
for shareholders of certain foreign
corporations to elect or change a method
of accounting or a taxable year on behalf
of the foreign corporation under section
964 of the Code.
Explanation of Provisions
These proposed regulations provide
clarification of the required book-to-tax
adjustments, including those in respect
of depreciation and amortization, and
additional examples illustrating the
application of § 1.964–1(a) and (c). The
proposed regulations also would delete
§ 1.964–1(b)(3), Example 2. The
example refers to section 963, which
was repealed for taxable years beginning
after December 31, 1975. Additionally,
the proposed regulations provide rules
regarding IRS-initiated method changes.
The Treasury Department and the IRS
again request comments on whether the
special control group definition
contained in the 1991 proposed
regulations should be adopted.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
regulations do not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Internal Revenue
Code, these regulations will be
E:\FR\FM\04NOP1.SGM
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Agencies
[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Proposed Rules]
[Pages 68368-68370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28578]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-1164; Directorate Identifier 2011-NM-084-AD]
RIN 2120-AA64
Airworthiness Directives; DASSAULT AVIATION Model MYSTERE-FALCON
900 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
DASSAULT AVIATION Model MYSTERE-FALCON 900 airplanes. 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:
Several Mystere-Falcon 900 aeroplanes experienced fuel leakage
from a defective fuel high-level sensor located in the wing front
spar.
Investigations revealed that the leakage was due to a defective
fuel quantity sensor * * *.
This condition, if not detected and corrected, could lead to an
internal fuel leakage with significant fuel vapours, which could
result in a fire hazard.
* * * * *
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 December 19,
2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606;
telephone (201) 440-6700; Internet https://www.dassaultfalcon.com. You
may review copies of the referenced service information 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.
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 this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, 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-2011-1164;
Directorate Identifier 2011-NM-084-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 https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2011-0049, dated March 21, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
[[Page 68369]]
Several Mystere-Falcon 900 aeroplanes experienced fuel leakage
from a defective fuel high-level sensor located in the wing front
spar.
Investigations revealed that the leakage was due to a defective
fuel quantity sensor Part Number (P/N) 722105-2.
This condition, if not detected and corrected, could lead to an
internal fuel leakage with significant fuel vapours, which could
result in a fire hazard.
To address this unsafe condition, Dassault Aviation have
developed an improved fuel quantity sensor with a new concept of
sealing.
For the reasons described above, this AD requires the
identification of the affected sensors and replacement with the
improved part.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Dassault has issued Service Bulletin F900-410, dated December 20,
2010. 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 110 products of U.S. registry. We also estimate that
it would take about 4 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $4,000 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
parts. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $477,400, or $4,340 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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-2011-1164; Directorate Identifier
2011-NM-084-AD.
Comments Due Date
(a) We must receive comments by December 19, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to DASSAULT AVIATION Model MYSTERE-FALCON
900 airplanes; certificated in any category; all serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Several Mystere-Falcon 900 aeroplanes experienced fuel leakage
from a defective fuel high-level sensor located in the wing front
spar.
Investigations revealed that the leakage was due to a defective
fuel quantity sensor * * *.
This condition, if not detected and corrected, could lead to an
internal fuel leakage with significant fuel vapours, which could
result in a fire hazard.
* * * * *
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Part Identification and Replacement
(g) Within 440 flight hours or 9 months after the effective date
of this AD, whichever occurs first, do the following actions
specified in paragraphs (g)(1) and (g)(2) of this AD.
[[Page 68370]]
(1) Inspect the fuel quantity sensors to determine whether part
number (P/N) 722105-2 is installed.
(2) Replace all P/N 722105-2 fuel quantity sensors with new P/N
722105-3 fuel quantity sensors, in accordance with the
Accomplishment Instructions of Dassault Service Bulletin F900-410,
dated December 20, 2010.
Parts Installation
(h) As of the effective date of this AD, no person may install a
fuel quantity sensor having P/N 722105-2 on any airplane.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: The MCAI specifies, for certain airplanes, to not
install fuel quantity sensor P/N 722105-2 after doing the
modification This AD prohibits, for all airplanes, installation of
fuel quantity sensor P/N 722105-2 after the effective date of this
AD.
Other FAA AD Provisions
(i) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone: (425) 227-1137; fax: (425) 227-
1149. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
Related Information
(j) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0049, dated March 21, 2011; and Dassault Service
Bulletin F900-410, dated December 20, 2010; for related information.
Issued in Renton, Washington, on October 20, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-28578 Filed 11-3-11; 8:45 am]
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