AD 07-258

[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Rules and Regulations]
[Pages 3345-3347]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 07-258]



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Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / 
Rules and Regulations

[[Page 3345]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-26920; Directorate Identifier 2006-NM-244-AD; 
Amendment 39-14897; AD 2007-02-10]
RIN 2120-AA64


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

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued 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 smoke or 
fire, which could be fanned by oxygen leakage from the third crew 
member oxygen mask box. This AD requires actions that are intended to 
address the unsafe condition described in the MCAI.

DATES: This AD becomes effective February 9, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of Dassault Service Bulletins F900-366 and F900EX-277, both 
dated July 19, 2006, listed in this AD as of February 9, 2007.
    We must receive comments on this AD by March 26, 2007.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> DOT Docket Web Site: Go to <a href="http://dms.dot.gov">http://dms.dot.gov</a> and follow 
the instructions for sending your comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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 AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) 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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Emergency Airworthiness Directive 2006-0330-E, dated October 25, 2006 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states that a drawing 
review and further associated inspections on aircraft have highlighted 
a potential chafing risk between the third crew member oxygen mask box, 
optionally installed in the cockpit ceiling, and feeder cables routed 
in the area. This situation, if not corrected, could generate smoke or 
fire, which could be fanned by oxygen leakage from the box. The MCAI 
requires a modification (application of epoxy resin to the oxygen box 
nuts and rivets), after a detailed inspection of the feeder cables and 
wiring for damage and correct location and corrective actions 
(repairing the feeder cable, re-routing certain wiring, or installing a 
protective plate), if necessary. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Dassault has issued Service Bulletins F900-366 and F900EX-277, both 
dated July 19, 2006. 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 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 this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all the information provided by the State of Design Authority 
and determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But

[[Page 3346]]

we might have found it necessary to use different words from those in 
the MCAI to ensure the AD is clear for U.S. operators and is 
enforceable. In making these changes, we do not intend to differ 
substantively from the information provided in the MCAI and related 
service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over the actions copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
manufacturer has identified a potential chafing risk between the third 
crew member oxygen mask box, which may optionally be installed in the 
cockpit ceiling, and the feeder cables routed in the area. This could 
lead to smoke and fire, which could be fanned by oxygen leakage from 
the oxygen mask box. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-26920; Directorate 
Identifier 2006-NM-244-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://dms.dot.gov">http://dms.dot.gov</a>, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD would not have federalism implications 
under Executive Order 13132. This 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 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 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.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-02-10 Dassault Aviation: Amendment 39-14897. Docket No. FAA-
2007-26920; Directorate Identifier 2006-NM-244-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
9, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Mystere-Falcon 900 
airplanes, certificated in any category, ranging from serial number 
(s/n) 1 through s/n 202 inclusive, without modification M5213 or 
M5236, and equipped with a third crew member passenger-type oxygen 
mask on the cockpit ceiling; and Dassault Model Falcon 900EX 
airplanes, certificated in any category, ranging from s/n 1 through 
s/n 156 inclusive, without modification M5213 or M5236, and equipped 
with a third crew member passenger-type oxygen mask on the cockpit 
ceiling.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that a drawing review and further associated inspections on 
aircraft have highlighted a potential chafing risk between the third 
crew member oxygen mask box, optionally installed in the cockpit 
ceiling, and feeder cables routed in the area. This situation, if 
not corrected, could generate smoke or fire, which could be fanned 
by oxygen leakage from the box. The MCAI requires a modification 
(application of epoxy resin to the oxygen box nuts and rivets), 
after a detailed inspection of the feeder cables and wiring for 
damage and correct location and corrective actions (repairing the 
feeder cable, re-routing certain wiring, or installing a protective 
plate), if necessary.

Actions and Compliance

    (e) Unless already done, within one month or 30 flight cycles, 
whichever occurs first, after the effective date of this AD: Do a 
modification (application of epoxy resin to the oxygen box nuts and 
rivets), after doing a detailed inspection of the feeder cables and 
wiring for damage and correct location and all applicable corrective 
actions (repairing the feeder cable, re-routing certain wiring, or 
installing a protective plate), as instructed in Dassault Service 
Bulletin F900-366 or F900EX-277, both dated July 19, 2006, as 
applicable. Before further flight, do all applicable corrective 
actions.

    Note 1: The aforementioned service bulletins cover Dassault 
Aviation modification M5213.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
Attn: Tom Rodriguez, Aerospace Engineer, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 227-1137; fax (425) 
227-1149, has the

[[Page 3347]]

authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Before using any AMOC approved in 
accordance with Sec.  39.19 on any airplane to which the AMOC 
applies, notify the appropriate principal inspector in the FAA 
Flight Standards Certificate Holding District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (g) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency Airworthiness Directive 2006-0330-E, dated October 25, 
2006; and Dassault Service Bulletins F900-366 and F900EX-277, both 
dated July 19, 2006; for related information.

Material Incorporated by Reference

    (h) You must use Dassault Service Bulletin F900-366, dated July 
19, 2006; or Dassault Service Bulletin F900EX-277, dated July 19, 
2006; as applicable; to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 
07606.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: <a href="http://www.archives.gov/federal_register/">http://www.archives.gov/federal_register/</a>code--
of--federal--regulations/ibr--locations.html.

    Issued in Renton, Washington, on January 12, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 07-258 Filed 1-24-07; 8:45 am]
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