Airworthiness Directives; Dassault Aviation Airplanes, 47031-47033 [2014-19009]
Download as PDF
Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Proposed Rules
Issued in Renton, Washington, on August
1, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2014–19013 Filed 8–11–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0527; Directorate
Identifier 2014–NM–045–AD]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Dassault Aviation Model MystereFalcon 50 airplanes. This proposed AD
was prompted by a report of an
untimely and intermittent indication of
slat activity due to chafing of the
electrical wiring under the glare shield
and behind the flight deck front panel.
This proposed AD would require
installing two protective plates between
the electrical wiring under the glare
shield and the engine fire pull handles.
We are proposing this AD to prevent
chafing of the electrical wiring, which
could result in a short circuit and
generation of smoke in the cockpit,
potential loss of several functions
essential for safe flight, and consequent
reduced controllability of the airplane.
DATES: We must receive comments on
this proposed AD by September 26,
2014.
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
emcdonald on DSK67QTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
17:25 Aug 11, 2014
Jkt 232001
Falcon Jet, P.O. Box 2000, South
Hackensack, NJ 07606; telephone 201–
440–6700; Internet https://
www.dassaultfalcon.com. You may
view this referenced service information
at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the
availability of this material at the FAA,
call 425–227–1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0527; or in person at the Docket
Management Facility 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, WA
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–2014–0527; Directorate Identifier
2014–NM–045–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 2014–0024,
dated January 23, 2014 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
47031
MCAI’’), to correct an unsafe condition
for certain Dassault Aviation Model
Mystere-Falcon 50 airplanes. The MCAI
states:
One operator experienced an untimely and
intermittent indication of slat activity on his
aeroplane. The results of the subsequent
investigation revealed that electrical wiring
under the glare shield and behind the flight
deck front panel was chafing with hardware
and was short-circuited to ground. This
situation may have resulted from an incorrect
installation of the wiring during a previous
maintenance action in the area. A design
review identified a lack of protection of the
affected electrical wiring bundle, which
would have prevented damage caused by
chafing with aeroplane structural parts.
This condition, if not corrected, might lead
to an electrical short circuit and generation
of smoke, possibly affecting operation of
systems and resulting in reduced control of
the aeroplane.
To address this potential unsafe condition,
Dassault Aviation issued [service bulletin] SB
F50–530, providing instructions for
installation of a protective plate on the
electrical wiring.
For the reasons described above, this
[EASA] AD requires modification of the
aeroplane by installing a protective plate on
the electrical wiring.
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov by searching for
and locating it in Docket No. FAA–
2014–0527.
Relevant Service Information
Dassault has issued Service Bulletin
F50–530, dated November 12, 2013. 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.
Contacting the Manufacturer’’
Paragraph in This Proposed AD
Since late 2006, we have included a
standard paragraph titled ‘‘Airworthy
Product’’ in all MCAI ADs in which the
FAA develops an AD based on a foreign
authority’s AD.
E:\FR\FM\12AUP1.SGM
12AUP1
47032
Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Proposed Rules
The MCAI or referenced service
information in an FAA AD often directs
the owner/operator to contact the
manufacturer for corrective actions,
such as a repair. Briefly, the Airworthy
Product paragraph allowed owners/
operators to use corrective actions
provided by the manufacturer if those
actions were FAA-approved. In
addition, the paragraph stated that any
actions approved by the State of Design
Authority (or its delegated agent) are
considered to be FAA-approved.
In an NPRM having Directorate
Identifier 2012–NM–101–AD (78 FR
78285, December 26, 2013), we
proposed to prevent the use of repairs
that were not specifically developed to
correct the unsafe condition, by
requiring that the repair approval
provided by the State of Design
Authority or its delegated agent
specifically refer to the FAA AD. This
change was intended to clarify the
method of compliance and to provide
operators with better visibility of repairs
that are specifically developed and
approved to correct the unsafe
condition. In addition, we proposed to
change the phrase ‘‘its delegated agent’’
to include a design approval holder
(DAH) with State of Design Authority
design organization approval (DOA), as
applicable, to refer to a DAH authorized
to approve required repairs for the
proposed AD.
One commenter to the NPRM having
Directorate Identifier 2012–NM–101–AD
(78 FR 78285, December 26, 2013) stated
the following: ‘‘The proposed wording,
being specific to repairs, eliminates the
interpretation that Airbus messages are
acceptable for approving minor
deviations (corrective actions) needed
during accomplishment of an AD
mandated Airbus service bulletin.’’
This comment has made the FAA
aware that some operators have
misunderstood or misinterpreted the
Airworthy Product paragraph to allow
the owner/operator to use messages
provided by the manufacturer as
approval of deviations during the
accomplishment of an AD-mandated
action. The Airworthy Product
paragraph does not approve messages or
other information provided by the
manufacturer for deviations to the
requirements of the AD-mandated
actions. The Airworthy Product
paragraph only addresses the
requirement to contact the manufacturer
for corrective actions for the identified
unsafe condition and does not cover
deviations from other AD requirements.
However, deviations to AD-required
actions are addressed in 14 CFR 39.17,
and anyone may request the approval
for an alternative method of compliance
to the AD-required actions using the
procedures found in 14 CFR 39.19.
To address this misunderstanding and
misinterpretation of the Airworthy
Product paragraph, we have changed the
paragraph and retitled it ‘‘Contacting the
Manufacturer.’’ This paragraph now
clarifies that for any requirement in this
proposed AD to obtain corrective
actions from a manufacturer, the actions
must be accomplished using a method
approved by the FAA, the European
Aviation Safety Agency (EASA), or
Dassault Aviation’s EASA DOA.
The Contacting the Manufacturer
paragraph also clarifies that, if approved
by the DOA, the approval must include
the DOA-authorized signature. The DOA
signature indicates that the data and
information contained in the document
are EASA-approved, which is also FAAapproved. Messages and other
information provided by the
manufacturer that do not contain the
DOA-authorized signature approval are
not EASA-approved, unless EASA
directly approves the manufacturer’s
message or other information.
This clarification does not remove
flexibility previously afforded by the
Airworthy Product paragraph.
Consistent with long-standing FAA
policy, such flexibility was never
intended for required actions. This is
also consistent with the
recommendation of the Airworthiness
Directive Implementation Aviation
Rulemaking Committee to increase
flexibility in complying with ADs by
identifying those actions in
manufacturers’ service instructions that
are ‘‘Required for Compliance’’ with
ADs. We continue to work with
manufacturers to implement this
recommendation. But once we
determine that an action is required, any
deviation from the requirement must be
approved as an alternative method of
compliance.
Costs of Compliance
We estimate that this proposed AD
affects 250 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
ESTIMATED COSTS
Labor cost
Installation .......................................................
emcdonald on DSK67QTVN1PROD with PROPOSALS
Action
26 work-hours × $85 per hour = $85 .............
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
VerDate Mar<15>2010
17:25 Aug 11, 2014
Jkt 232001
Parts cost
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.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
$96
Cost per
product
$2,306
Cost on U.S.
operators
$576,500
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);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
E:\FR\FM\12AUP1.SGM
12AUP1
Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Proposed Rules
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. Amend § 39.13 by adding the
following new airworthiness directive
(AD):
■
Dassault Aviation: Docket No. FAA–2014–
0527; Directorate Identifier 2014–NM–
045–AD.
(a) Comments Due Date
We must receive comments by September
26, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Dassault Aviation
Model Mystere-Falcon 50 airplanes,
certificated in any category, as identified in
paragraphs (c)(1) and (c)(2) of this AD.
(1) Airplanes with serial numbers 5, 7, 27,
30, 34, 36, 78, 132, and 251 through 352
inclusive.
(2) Airplanes with manufacturer serial
numbers 2 through 250 inclusive, having
Honeywell (formerly Allied Signal, Garrett
AiResearch) TFE731–40–1C engines
modified by Dassault Aviation Service
Bulletin F50–280.
emcdonald on DSK67QTVN1PROD with PROPOSALS
(d) Subject
Air Transport Association (ATA) of
America Code 24, Electrical Power.
(e) Reason
This AD was prompted by a report of an
untimely and intermittent indication of slat
activity due to chafing of the electrical wiring
under the glare shield and behind the flight
deck front panel. We are issuing this AD to
prevent chafing of the electrical wiring,
which could result in a short circuit and
generation of smoke in the cockpit, potential
loss of several functions essential for safe
flight, and consequent reduced
controllability of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Install Protective Plates
Within 74 months after the effective date
of this AD, install two Rilsan protective
plates between the glare shield electrical
VerDate Mar<15>2010
17:25 Aug 11, 2014
Jkt 232001
wiring and the engine fire pull handles, in
accordance with the Accomplishment
Instructions of Dassault Service Bulletin
F50–530, dated November 12, 2013.
(h) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, 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, WA 98057–3356;
telephone (425) 227–1137; fax (425) 227–
1149. Information may be emailed to: 9ANM-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) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency
(EASA); or Dassault Aviation’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(i) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2014–0024, dated
January 23, 2014, for related information.
This MCAI may be found in the AD docket
on the Internet at https://www.regulations.gov
by searching for and locating it in Docket No.
FAA–2014–0527.
(2) For service information identified in
this AD, contact Dassault Falcon Jet, P.O. Box
2000, South Hackensack, NJ 07606;
telephone 201–440–6700; Internet https://
www.dassaultfalcon.com. You may view this
service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the
availability of this material at the FAA, call
425–227–1221.
Issued in Renton, Washington, on August
1, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2014–19009 Filed 8–11–14; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
47033
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
27 CFR Part 478
[Docket No. ATF 40P; AG Order No. 3459–
2014]
RIN 1140–AA41
Commerce in Firearms and
Ammunition—Reporting Theft or Loss
of Firearms in Transit (2007R–9P)
Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of Justice
proposes amending Bureau of Alcohol,
Tobacco, Firearms, and Explosives
(ATF) regulations that concern firearms
stolen or lost in transit. The proposed
rule specifies that when a Federal
firearms licensee (FFL) discovers a
firearm it shipped was stolen or lost in
transit, that sender/transferor FFL must
report the theft or loss to ATF and to the
appropriate local authority. The rule
also reduces an FFL’s reporting burden
when a theft or loss involves a firearm
registered under the National Firearms
Act (NFA) and ensures consistent
reporting to ATF’s NFA Branch. In
addition, the rule specifies that
transferor/sender FFLs must reflect the
theft or loss of a firearm as a disposition
entry in their required records not later
than 7 days following discovery of the
theft or loss, and specifies that FFLs that
report the theft or loss of a firearm and
later discover its whereabouts must
advise ATF that the firearm has been
located and must re-enter the firearm
into their required records as an
acquisition or disposition entry as
appropriate.
DATES: Written comments must be
postmarked and electronic comments
must be submitted on or before
November 10, 2014. Commenters should
be aware that the electronic Federal
Docket Management System will not
accept comments after midnight Eastern
Time on the last day of the comment
period.
ADDRESSES: You may submit comments,
identified by docket number (ATF 40P),
by any of the following methods—
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 648–9741.
• Mail: Brenda Raffath Friend,
Mailstop 6N–602, Office of Regulatory
Affairs, Enforcement Programs and
Services, Bureau of Alcohol, Tobacco,
SUMMARY:
E:\FR\FM\12AUP1.SGM
12AUP1
Agencies
[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Proposed Rules]
[Pages 47031-47033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19009]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0527; Directorate Identifier 2014-NM-045-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Dassault Aviation Model Mystere-Falcon 50 airplanes. This
proposed AD was prompted by a report of an untimely and intermittent
indication of slat activity due to chafing of the electrical wiring
under the glare shield and behind the flight deck front panel. This
proposed AD would require installing two protective plates between the
electrical wiring under the glare shield and the engine fire pull
handles. We are proposing this AD to prevent chafing of the electrical
wiring, which could result in a short circuit and generation of smoke
in the cockpit, potential loss of several functions essential for safe
flight, and consequent reduced controllability of the airplane.
DATES: We must receive comments on this proposed AD by September 26,
2014.
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, NJ 07606;
telephone 201-440-6700; Internet https://www.dassaultfalcon.com. You may
view this referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0527; or in person at the Docket Management Facility 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, WA 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-2014-0527;
Directorate Identifier 2014-NM-045-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 2014-0024, dated January 23, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model Mystere-Falcon 50 airplanes. The MCAI states:
One operator experienced an untimely and intermittent indication
of slat activity on his aeroplane. The results of the subsequent
investigation revealed that electrical wiring under the glare shield
and behind the flight deck front panel was chafing with hardware and
was short-circuited to ground. This situation may have resulted from
an incorrect installation of the wiring during a previous
maintenance action in the area. A design review identified a lack of
protection of the affected electrical wiring bundle, which would
have prevented damage caused by chafing with aeroplane structural
parts.
This condition, if not corrected, might lead to an electrical
short circuit and generation of smoke, possibly affecting operation
of systems and resulting in reduced control of the aeroplane.
To address this potential unsafe condition, Dassault Aviation
issued [service bulletin] SB F50-530, providing instructions for
installation of a protective plate on the electrical wiring.
For the reasons described above, this [EASA] AD requires
modification of the aeroplane by installing a protective plate on
the electrical wiring.
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2014-0527.
Relevant Service Information
Dassault has issued Service Bulletin F50-530, dated November 12,
2013. 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.
Contacting the Manufacturer'' Paragraph in This Proposed AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
[[Page 47032]]
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the actions must be accomplished using a method
approved by the FAA, the European Aviation Safety Agency (EASA), or
Dassault Aviation's EASA DOA.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Costs of Compliance
We estimate that this proposed AD affects 250 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Installation.......................... 26 work-hours x $85 per $96 $2,306 $576,500
hour = $85.
----------------------------------------------------------------------------------------------------------------
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);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
[[Page 47033]]
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
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. Amend Sec. 39.13 by adding the following new airworthiness
directive (AD):
Dassault Aviation: Docket No. FAA-2014-0527; Directorate Identifier
2014-NM-045-AD.
(a) Comments Due Date
We must receive comments by September 26, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Dassault Aviation Model Mystere-Falcon 50
airplanes, certificated in any category, as identified in paragraphs
(c)(1) and (c)(2) of this AD.
(1) Airplanes with serial numbers 5, 7, 27, 30, 34, 36, 78, 132,
and 251 through 352 inclusive.
(2) Airplanes with manufacturer serial numbers 2 through 250
inclusive, having Honeywell (formerly Allied Signal, Garrett
AiResearch) TFE731-40-1C engines modified by Dassault Aviation
Service Bulletin F50-280.
(d) Subject
Air Transport Association (ATA) of America Code 24, Electrical
Power.
(e) Reason
This AD was prompted by a report of an untimely and intermittent
indication of slat activity due to chafing of the electrical wiring
under the glare shield and behind the flight deck front panel. We
are issuing this AD to prevent chafing of the electrical wiring,
which could result in a short circuit and generation of smoke in the
cockpit, potential loss of several functions essential for safe
flight, and consequent reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Install Protective Plates
Within 74 months after the effective date of this AD, install
two Rilsan protective plates between the glare shield electrical
wiring and the engine fire pull handles, in accordance with the
Accomplishment Instructions of Dassault Service Bulletin F50-530,
dated November 12, 2013.
(h) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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, WA 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) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Dassault Aviation's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(i) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0024, dated January 23,
2014, for related information. This MCAI may be found in the AD
docket on the Internet at https://www.regulations.gov by searching
for and locating it in Docket No. FAA-2014-0527.
(2) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606;
telephone 201-440-6700; Internet https://www.dassaultfalcon.com. You
may view this service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call 425-227-1221.
Issued in Renton, Washington, on August 1, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-19009 Filed 8-11-14; 8:45 am]
BILLING CODE 4910-13-P