Airworthiness Directives; Dassault Aviation Airplanes, 57545-57548 [2015-22803]

Download as PDF Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules which, in combination with the heat generated by the taxi lights and landing lights on the ground reaching the auto-ignition temperature of the fuel, could result in ignition of any fuel or fumes present in the right-hand landing lights compartment. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Repetitive Inspections for Fuel Leaks With No Changes This paragraph restates the requirements of paragraph (g) of AD 2014–20–01, Amendment 39–17974 (79 FR 59640, October 3, 2014) with no changes. Within 25 flight hours after October 20, 2014, (the effective date of AD 2014–20–01): Do a general visual inspection for any fuel leak in the right-hand landing lights compartment, and do all applicable related investigative and corrective actions, in accordance with Part A of the Accomplishment Instructions of Bombardier Alert Service Bulletin A605–28– 008, Revision 02, dated July 9, 2014, except as required by paragraph (h) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the inspection thereafter at intervals not to exceed 8 flight hours until the replacement specified in paragraph (j) of this AD has been accomplished. tkelley on DSK3SPTVN1PROD with PROPOSALS (h) Retained Corrective Action if Fuel Leak Is Found During Related Investigative Actions With No Changes This paragraph restates the requirements of paragraph (h) of AD 2014–20–01, Amendment 39–17974 (79 FR 59640, October 3, 2014) with no changes. If any fuel leak is found during the related investigative actions required by paragraph (g) of this AD: Before further flight, do the terminating action specified in paragraph (j) of this AD, or do corrective actions using a method approved by the Manager, New York Aircraft Certification Office (ACO), ANE–170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAOauthorized signature. (i) Retained Inspection of Connector Wiring With No Changes This paragraph restates the requirements of paragraph (j) of AD 2014–20–01, Amendment 39–17974 (79 FR 59640, October 3, 2014) with no changes. For airplanes having new connectors installed, in accordance with Part B of the Accomplishment Instructions of Bombardier Alert Service Bulletin A605–28– 008, dated April 21, 2014: Within 6 months or 150 flight hours after October 20, 2014, (the effective date of AD 2014–20–01), whichever occurs first, do a detailed inspection for damage (cuts) of the connector wiring, in accordance with Part B of the Accomplishment Instructions of Bombardier Alert Service Bulletin A605–28–008, Revision 02, dated July 9, 2014. If any damage (cuts) is found on the wires, before further flight, replace the wire with a new wire identified in kit 605K28–008A, in accordance with the Accomplishment VerDate Sep<11>2014 16:29 Sep 23, 2015 Jkt 235001 Instructions of Bombardier Alert Service Bulletin A605–28–008, Revision 02, dated July 9, 2014. (j) New Requirement: Terminating Action— Replacement of Connector Within 5 months, or 150 flight hours after the effective date of this AD, replace the connector of the fuel boost pump canister of the APU and do all applicable related investigative actions, in accordance with Part B of the Accomplishment Instructions of Bombardier Alert Service Bulletin A605–28– 008, Revision 02, dated July 9, 2014. Accomplishing this replacement terminates the repetitive actions required by paragraph (g) of this AD provided that the following actions are done, as applicable. (1) If any damage (cuts) is found on the wires, before further flight, replace the wire with a new wire identified in kit 605K28– 008A, in accordance with the Accomplishment Instructions of Bombardier Alert Service Bulletin A605–28–008, Revision 02, dated July 9, 2014. (2) If any damage is found on an O-ring, before further flight, replace the O-ring with a new O-ring, in accordance with the Accomplishment Instructions of Bombardier Alert Service Bulletin A605–28–008, Revision 02, dated July 9, 2014. (3) If any fuel leak is found, before further flight, do corrective actions using a method approved by the Manager, New York ACO, ANE–170, FAA; or TCCA; or Bombardier, Inc.’s TCCA DAO. If approved by the DAO, the approval must include the DAOauthorized signature. (k) Retained Credit for Previous Actions With a Redesignated Paragraph This paragraph restates paragraph (k) of AD 2014–20–01, Amendment 39–17974 (79 FR 59640, October 3, 2014) with a redesignated paragraph. This paragraph provides credit for actions required by paragraph (j) of this AD, if those actions were performed before October 20, 2014, (the effective date of AD 2014–20–01, Amendment 39–17974 (79 FR 59640, October 3, 2014) using Bombardier Alert Service Bulletin A605–28–008, Revision 01, dated May 28, 2014, which is not incorporated by reference in this AD. (l) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO, ANE–170, 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 ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. 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. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 57545 (2) Contacting the Manufacturer: As of the effective date of this AD, 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, New York ACO, ANE–170, FAA; or TCCA; or Bombardier, Inc.’s TCCA DAO. If approved by the DAO, the approval must include the DAO-authorized signature. (m) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF–2014–21, dated July 10, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA– 2015–3634. (2) For service information identified in ˆ this AD, contact Bombardier, Inc., 400 Cote´ Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514– 855–7401; email thd.crj@ aero.bombardier.com; Internet http:// www.bombardier.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 September 15, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2015–24020 Filed 9–23–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2015–3629; Directorate Identifier 2015–NM–011–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 MYSTERE– FALCON 50, MYSTERE–FALCON 900, FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes. This proposed AD was prompted by a report of an in-flight lightning strike to the WHELEN anti-collision light located on the top of the vertical fin tip that caused severe damage and induced the loss of some airplane functions. This proposed AD would require modification of the anti-collision light bonding. We are SUMMARY: E:\FR\FM\24SEP1.SGM 24SEP1 57546 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS proposing this AD to prevent loss of electrical power and essential functions, and possible reduced control of the airplane. DATES: We must receive comments on this proposed AD by November 9, 2015. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: Federal eRulemaking Portal: Go to http://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 http:// 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 http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 3629; 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, ANM 116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227– 1137; fax 425–227–1139. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments VerDate Sep<11>2014 16:29 Sep 23, 2015 Jkt 235001 to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2015–3629; Directorate Identifier 2015–NM–011–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http:// 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 Union, has issued EASA Airworthiness Directive 2015–0006, dated January 15, 2015 (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, MYSTERE–FALCON 900, FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes. The MCAI states: An occurrence was reported where a Falcon 2000 aeroplane experienced an inflight lightning strike, which caused severe damage and induced the loss of some aeroplane functions. The investigation results revealed that the entering point of the lightning was at the WHELEN anti-collision light located on the top of the vertical fin tip. When the lightning strike hit the anticollision light, an electric arc occurred between the aeroplane structure and the anticollision light and created a conductive path by which the lightning current entered inside the aeroplane. Further analysis has determined that the electrical bonding between the WHELEN anti-collision light, Part Number (P/N) 01–0790044–09, and the fin tip fairing or the No. 2 engine air intake cover is insufficient to withstand a lightning strike. In case of severe lightning, this condition, if not corrected, could lead to an unsafe condition (loss of electrical power and/or of essential functions) possibly resulting in reduced control of the aeroplane. To address this potential unsafe condition, Dassault Aviation developed a modification (mod) to improve the WHELEN anti-collision light bonding when the anti-collision light is located on top of the vertical fin tip or on No. 2 engine air intake cover, and issued several Service Bulletins (SB) to modify all affected aeroplanes in service. For the reasons described above, this [EASA] AD requires modification of the anticollision light bonding. You may examine the MCAI in the AD docket on the Internet at http:// www.regulations.gov by searching for PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 and locating Docket No. FAA–2015– 3629. Related Service Information Under 1 CFR Part 51 We reviewed the following Dassault Aviation service information: • Dassault Service Bulletin F50–481, dated August 22, 2007. • Dassault Service Bulletin F900–372, dated August 22, 2007. • Dassault Service Bulletin F900–378, dated September 19, 2007. • Dassault Service Bulletin F900EX– 285, dated July 18, 2007. • Dassault Service Bulletin F900EX– 305, dated September 19, 2007. • Dassault Service Bulletin F2000– 337, dated July 25, 2007. • Dassault Service Bulletin F2000EX– 108, dated July 25, 2007. The service information describes procedures to correct the electrical bonding of the WHELEN anti-collision light located at the vertical fin tip of the airplane. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this NPRM. 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 designs. Costs of Compliance We estimate that this proposed AD affects 778 airplanes of U.S. registry. We also estimate that it would take about 12 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 $801 per product. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $1,416,738, or $1,821 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: E:\FR\FM\24SEP1.SGM 24SEP1 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules 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. 57547 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 airworthiness directive (AD): ■ Dassault Aviation: Docket No. FAA–2015– 3629; Directorate Identifier 2015–NM– 011–AD. (a) Comments Due Date List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. We must receive comments by November 9, 2015. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: (c) Applicability (b) Affected ADs None. This AD applies to Dassault Aviation airplanes, certificated in any category, identified in table 1 to paragraph (c) of this AD. TABLE 1 TO PARAGRAPH (c) OF THIS AD—APPLICABILITY Except airplanes modified through 1 Airplanes Dassault Aviation Model MYSTERE–FALCON 50 airplanes. Dassault Aviation Model MYSTERE–FALCON 900 airplanes. Dassault Aviation Model MYSTERE–FALCON 900 airplanes. Dassault Aviation Model FALCON 900EX airplanes. Dassault Aviation Model FALCON 900EX airplanes. Dassault Aviation Model FALCON 2000 airplanes. tkelley on DSK3SPTVN1PROD with PROPOSALS Dassault Aviation Model FALCON 2000EX airplanes. Configuration Dassault Mod embodied in production M1853 is embodied in production or in service through Dassault Service Bulletin F50–241–R2, dated February 9, 2000. Group 1: M1682 is embodied in production or in service through Dassault Service Bulletin F900–182, dated November 5, 1997 3. Group 2: M1682 is embodied in production or in service through Dassault Service Bulletin F900–182, dated November 5, 1997, and Mod M1947 is embodied in production or in service through Dassault Service Bulletin F900– 176–R1, dated November 14, 2001 4. Group 1: M1682 is embodied in production or in service through Dassault Service Bulletin F900EX–025, dated May 27, 1998. Group 2: M1682 is embodied in production or in service through Dassault Service Bulletin F900EX–025, dated May 27, 1998, and Mod M1947 is embodied in production or in service through Dassault Service Bulletin F900EX– 19–R1, dated November 14, 2001. M331 is embodied in production or in service through Dassault Service Bulletin F2000–44, dated December 9, 1998. M1802 is embodied in production .......................................... M2083 or M3094 2. Service Bulletin in service M5381 .............. Dassault Service Bulletin F50–257–R1, dated July 11, 2001. Not Applicable. M5386 .............. Not Applicable. M5381 ............... Not Applicable. M5103 or M5386. Not Applicable. M810 or M1061 or M2778. Dassault Service Bulletin F2000–111, dated October 28, 1998. Not Applicable. M810 or M1061 or M2778. 1 The excluded airplanes as specified in the Table 1 to Paragraph (c) of this AD—Applicability, embody either one Mod in production or one service bulletin in service, as applicable. 2 Mod M2083, Service Bulletin F50–257, Mod M1947, Service Bulletin F900–176, Service Bulletin F900EX–19, Mod M5103, as applicable, introduce fin tip SATCOM fairing, in production or in service. 3 Group 1: Airplanes with WHELEN anti-collision light located on top of vertical fin tip. 4 Group 2: Airplanes with WHELEN anti-collision light located on top of air intake engine No. 2. (d) Subject (e) Reason Air Transport Association (ATA) of America Code 33, Lights. This AD was prompted by a report of an in-flight lightning strike to the WHELEN anticollision light located on the top of the VerDate Sep<11>2014 16:29 Sep 23, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 vertical fin tip of a Falcon 2000 airplane that caused severe damage and induced the loss of some airplane functions. We are issuing this AD to prevent loss of electrical power E:\FR\FM\24SEP1.SGM 24SEP1 57548 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules and/or of essential functions, and possible reduced control of the airplane. the DOA, the approval must include the DOA-authorized signature. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (i) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) European Aviation Safety Agency Airworthiness Directive 2015–0006, dated January 15, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2015–3629. (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 http:// 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. tkelley on DSK3SPTVN1PROD with PROPOSALS (g) Modification Within 24 months after the effective date of this AD, modify the anti-collision light bonding, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraphs (g)(1) through (g)(7) of this AD. (1) For Model MYSTERE–FALCON 50 airplanes: Dassault Service Bulletin F50–481, dated August 22, 2007. (2) For Model MYSTERE–FALCON 900 airplanes with the WHELEN system installed on the fin tip: Dassault Service Bulletin F900–372, dated August 22, 2007. (3) For Model MYSTERE–FALCON 900 airplanes with the WHELEN system installed on the S-duct cowl: Dassault Service Bulletin F900–378, dated September 19, 2007. (4) For Model FALCON 900EX airplanes with the WHELEN system installed on the fin tip: Dassault Service Bulletin F900EX–285, dated July 18, 2007. (5) For Model FALCON 900EX airplanes with the WHELEN system installed on the Sduct cowl: Dassault Service Bulletin F900EX–305, dated September 19, 2007. (6) For Model FALCON 2000 airplanes: Dassault Service Bulletin F2000–337, dated July 25, 2007. (7) For Model FALCON 2000EX airplanes: Dassault Service Bulletin F2000EX–108, dated July 25, 2007. (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, 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, WA 98057–3356; telephone 425–227–1137; fax 425–227–1139. Information may be emailed to: 9-ANM-116AMOC-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 VerDate Sep<11>2014 16:29 Sep 23, 2015 Jkt 235001 Issued in Renton, Washington, on September 2, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2015–22803 Filed 9–23–15; 8:45 am] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1028 Protection of Human Subjects Consumer Product Safety Commission. ACTION: Proposed rule. AGENCY: On September 8, 2015, the federal departments and agencies that are subject to the Federal Policy for the Protection of Human Subjects (referred to as the ‘‘Common Rule’’) published a notice of proposed rulemaking (‘‘NPR’’) amending the Common Rule. Through this proposed rule, the Consumer Product Safety Commission (‘‘CPSC’’ or ‘‘Commission’’) proposes to adopt the Common Rule NPR and solicits public comment on the proposal. DATES: Comments must be received no later than 5 p.m. on December 7, 2015. ADDRESSES: You may submit comments, identified by docket ID number HHS– OPHS–2015–0008, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Enter the above docket ID number in the ‘‘Enter Keyword or ID’’ field and click on ‘‘Search.’’ On the next Web page, click on ‘‘Submit a Comment’’ action and follow the instructions. • Mail/Hand delivery/Courier [For paper, disk, or CD–ROM submissions] to: Jerry Menikoff, M.D., J.D., OHRP, 1101 Wootton Parkway, Suite 200, SUMMARY: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 Rockville, MD 20852. Comments received, including any personal information, will be posted without change to www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Hope E.J. Nesteruk, Human Factors Engineer, Division of Human Factors, Directorate for Engineering Sciences, Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: 301–987–2579; email: hnesteruk@cpsc.gov. SUPPLEMENTARY INFORMATION: I. Background On June 18, 1991, the Department of Health and Human Services (‘‘HHS’’) issued a rule setting forth the Common Rule requirements for the protection of human subjects. (56 FR 28003). The HHS regulations are codified at 45 CFR part 46. At that time, 14 other agencies, including the CPSC, joined HHS in adopting a uniform set of rules for the protection of human subjects identical to subpart A of 45 CFR part 46. The Common Rule is codified in the CPSC’s regulations at 16 CFR part 1028. The basic provisions of the Common Rule include, among other things, requirements related to the review of human subjects research by an institutional review board, obtaining and documenting informed consent of human subjects, and submitting a written assurance of institutional compliance with the Common Rule. On September 8, 2015, (80 FR 53933), HHS, on behalf of many of the same agencies that were signatories to the original Common Rule, proposed revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. The Common Rule NPR seeks comment on proposals to better protect human subjects involved in research, while facilitating valuable research and reducing burden, delay, and ambiguity for investigators. The participating departments and agencies proposed these revisions to the regulations because they believe these changes would strengthen protections for research subjects while facilitating important research. The full description of the proposed revisions to the Common Rule is provided in the Common Rule NPR at 80 FR 53933. Although the CPSC is a signatory to the original Common Rule, the CPSC’s procedural requirements require Commission deliberation and vote on new rulemaking matters. Due to HHS’s expedited schedule regarding publication of the Common Rule NPR in the Federal Register, the CPSC was not E:\FR\FM\24SEP1.SGM 24SEP1

Agencies

[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Proposed Rules]
[Pages 57545-57548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22803]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3629; Directorate Identifier 2015-NM-011-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Dassault Aviation Model MYSTERE-FALCON 50, MYSTERE-FALCON 900, 
FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes. This proposed 
AD was prompted by a report of an in-flight lightning strike to the 
WHELEN anti-collision light located on the top of the vertical fin tip 
that caused severe damage and induced the loss of some airplane 
functions. This proposed AD would require modification of the anti-
collision light bonding. We are

[[Page 57546]]

proposing this AD to prevent loss of electrical power and essential 
functions, and possible reduced control of the airplane.

DATES: We must receive comments on this proposed AD by November 9, 
2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    Federal eRulemaking Portal: Go to http://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 http://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 http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3629; 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, ANM 
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1137; fax 425-227-1139.

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-2015-3629; 
Directorate Identifier 2015-NM-011-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://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 Union, has issued EASA 
Airworthiness Directive 2015-0006, dated January 15, 2015 (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, MYSTERE-FALCON 900, FALCON 900EX, 
FALCON 2000, and FALCON 2000EX airplanes. The MCAI states:

    An occurrence was reported where a Falcon 2000 aeroplane 
experienced an in-flight lightning strike, which caused severe 
damage and induced the loss of some aeroplane functions. The 
investigation results revealed that the entering point of the 
lightning was at the WHELEN anti-collision light located on the top 
of the vertical fin tip.
    When the lightning strike hit the anti-collision light, an 
electric arc occurred between the aeroplane structure and the anti-
collision light and created a conductive path by which the lightning 
current entered inside the aeroplane. Further analysis has 
determined that the electrical bonding between the WHELEN anti-
collision light, Part Number (P/N) 01-0790044-09, and the fin tip 
fairing or the No. 2 engine air intake cover is insufficient to 
withstand a lightning strike.
    In case of severe lightning, this condition, if not corrected, 
could lead to an unsafe condition (loss of electrical power and/or 
of essential functions) possibly resulting in reduced control of the 
aeroplane.
    To address this potential unsafe condition, Dassault Aviation 
developed a modification (mod) to improve the WHELEN anti-collision 
light bonding when the anti-collision light is located on top of the 
vertical fin tip or on No. 2 engine air intake cover, and issued 
several Service Bulletins (SB) to modify all affected aeroplanes in 
service.
    For the reasons described above, this [EASA] AD requires 
modification of the anti- collision light bonding.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3629.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Dassault Aviation service information:
     Dassault Service Bulletin F50-481, dated August 22, 2007.
     Dassault Service Bulletin F900-372, dated August 22, 2007.
     Dassault Service Bulletin F900-378, dated September 19, 
2007.
     Dassault Service Bulletin F900EX-285, dated July 18, 2007.
     Dassault Service Bulletin F900EX-305, dated September 19, 
2007.
     Dassault Service Bulletin F2000-337, dated July 25, 2007.
     Dassault Service Bulletin F2000EX-108, dated July 25, 
2007.
    The service information describes procedures to correct the 
electrical bonding of the WHELEN anti-collision light located at the 
vertical fin tip of the airplane. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section of this NPRM.

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 designs.

Costs of Compliance

    We estimate that this proposed AD affects 778 airplanes of U.S. 
registry.
    We also estimate that it would take about 12 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 $801 
per product. Based on these figures, we estimate the cost of this 
proposed AD on U.S. operators to be $1,416,738, or $1,821 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:

[[Page 57547]]

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.

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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Dassault Aviation: Docket No. FAA-2015-3629; Directorate Identifier 
2015-NM-011-AD.

(a) Comments Due Date

    We must receive comments by November 9, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation airplanes, certificated in 
any category, identified in table 1 to paragraph (c) of this AD.

                               Table 1 to Paragraph (c) of This AD--Applicability
----------------------------------------------------------------------------------------------------------------
                                                                      Except airplanes modified through \1\
                                                               -------------------------------------------------
             Airplanes                     Configuration         Dassault Mod embodied in    Service Bulletin in
                                                                        production                 service
----------------------------------------------------------------------------------------------------------------
Dassault Aviation Model MYSTERE-    M1853 is embodied in        M2083 or M3094 \2\........  Dassault Service
 FALCON 50 airplanes.                production or in service                                Bulletin F50-257-
                                     through Dassault Service                                R1, dated July 11,
                                     Bulletin F50-241-R2,                                    2001.
                                     dated February 9, 2000.
Dassault Aviation Model MYSTERE-    Group 1: M1682 is embodied  M5381.....................  Not Applicable.
 FALCON 900 airplanes.               in production or in
                                     service through Dassault
                                     Service Bulletin F900-
                                     182, dated November 5,
                                     1997 \3\.
Dassault Aviation Model MYSTERE-    Group 2: M1682 is embodied  M5386.....................  Not Applicable.
 FALCON 900 airplanes.               in production or in
                                     service through Dassault
                                     Service Bulletin F900-
                                     182, dated November 5,
                                     1997, and Mod M1947 is
                                     embodied in production or
                                     in service through
                                     Dassault Service Bulletin
                                     F900-176-R1, dated
                                     November 14, 2001 \4\.
Dassault Aviation Model FALCON      Group 1: M1682 is embodied  M5381.....................  Not Applicable.
 900EX airplanes.                    in production or in
                                     service through Dassault
                                     Service Bulletin F900EX-
                                     025, dated May 27, 1998.
Dassault Aviation Model FALCON      Group 2: M1682 is embodied  M5103 or M5386............  Not Applicable.
 900EX airplanes.                    in production or in
                                     service through Dassault
                                     Service Bulletin F900EX-
                                     025, dated May 27, 1998,
                                     and Mod M1947 is embodied
                                     in production or in
                                     service through Dassault
                                     Service Bulletin F900EX-
                                     19-R1, dated November 14,
                                     2001.
Dassault Aviation Model FALCON      M331 is embodied in         M810 or M1061 or M2778....  Dassault Service
 2000 airplanes.                     production or in service                                Bulletin F2000-111,
                                     through Dassault Service                                dated October 28,
                                     Bulletin F2000-44, dated                                1998.
                                     December 9, 1998.
Dassault Aviation Model FALCON      M1802 is embodied in        M810 or M1061 or M2778....  Not Applicable.
 2000EX airplanes.                   production.
----------------------------------------------------------------------------------------------------------------
\1\ The excluded airplanes as specified in the Table 1 to Paragraph (c) of this AD--Applicability, embody either
  one Mod in production or one service bulletin in service, as applicable.
\2\ Mod M2083, Service Bulletin F50-257, Mod M1947, Service Bulletin F900-176, Service Bulletin F900EX-19, Mod
  M5103, as applicable, introduce fin tip SATCOM fairing, in production or in service.
\3\ Group 1: Airplanes with WHELEN anti-collision light located on top of vertical fin tip.
\4\ Group 2: Airplanes with WHELEN anti-collision light located on top of air intake engine No. 2.

(d) Subject

    Air Transport Association (ATA) of America Code 33, Lights.

(e) Reason

    This AD was prompted by a report of an in-flight lightning 
strike to the WHELEN anti-collision light located on the top of the 
vertical fin tip of a Falcon 2000 airplane that caused severe damage 
and induced the loss of some airplane functions. We are issuing this 
AD to prevent loss of electrical power

[[Page 57548]]

and/or of essential functions, and possible reduced control of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Modification

    Within 24 months after the effective date of this AD, modify the 
anti-collision light bonding, in accordance with the Accomplishment 
Instructions of the applicable service information specified in 
paragraphs (g)(1) through (g)(7) of this AD.
    (1) For Model MYSTERE-FALCON 50 airplanes: Dassault Service 
Bulletin F50-481, dated August 22, 2007.
    (2) For Model MYSTERE-FALCON 900 airplanes with the WHELEN 
system installed on the fin tip: Dassault Service Bulletin F900-372, 
dated August 22, 2007.
    (3) For Model MYSTERE-FALCON 900 airplanes with the WHELEN 
system installed on the S-duct cowl: Dassault Service Bulletin F900-
378, dated September 19, 2007.
    (4) For Model FALCON 900EX airplanes with the WHELEN system 
installed on the fin tip: Dassault Service Bulletin F900EX-285, 
dated July 18, 2007.
    (5) For Model FALCON 900EX airplanes with the WHELEN system 
installed on the S-duct cowl: Dassault Service Bulletin F900EX-305, 
dated September 19, 2007.
    (6) For Model FALCON 2000 airplanes: Dassault Service Bulletin 
F2000-337, dated July 25, 2007.
    (7) For Model FALCON 2000EX airplanes: Dassault Service Bulletin 
F2000EX-108, dated July 25, 2007.

(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, 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, 
WA 98057-3356; telephone 425-227-1137; fax 425-227-1139. 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) European Aviation Safety Agency Airworthiness Directive 2015-
0006, dated January 15, 2015, for related information. This MCAI may 
be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2015-3629.
    (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 http://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 September 2, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-22803 Filed 9-23-15; 8:45 am]
 BILLING CODE 4910-13-P