AD 2007-01-12

[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Rules and Regulations]
[Pages 4194-4197]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-1204]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25988; Directorate Identifier 2006-NM-113-AD; 
Amendment 39-14884; AD 2007-01-12]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 50 and 
900, and Falcon 900EX Airplanes; and Model Falcon 2000 and Falcon 
2000EX Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Dassault Model Mystere-Falcon 50 and 900, and Falcon 900EX 
airplanes; and Model Falcon 2000 and Falcon 2000EX airplanes. This AD 
requires an inspection of the identification plates of the outboard 
slats to determine the type of identification plates and the part 
numbers. For certain airplanes, this AD also requires a revision to the 
Limitations and Normal Procedures sections of the airplane flight 
manual to provide procedures for operation in icing conditions; and 
replacement of the anti-icing manifold with an anti-icing manifold of 
the correct type design if necessary. For certain airplanes, this AD 
also requires related investigative and corrective actions if 
necessary. This AD results from a finding that the outboard slats for 
Model Mystere-Falcon 50 airplanes have been erroneously authorized, in 
limited cases, as interchangeable for use on Model Mystere-Falcon 900 
and Falcon 900EX airplanes; and Model Falcon 2000 and Falcon 2000EX 
airplanes. We are issuing this AD to prevent failure of the anti-icing 
manifold of the outboard slats, which could result in loss of control 
of the airplane.

DATES: This AD becomes effective March 6, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 6, 2007.

ADDRESSES: 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, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New 
Jersey 07606, for service information identified in this AD.

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:

Examining the Docket

    You may examine the airworthiness directive (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 office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Dassault Model 
Mystere-Falcon 50 and 900, and Falcon 900EX airplanes; and Model Falcon 
2000 and Falcon 2000EX airplanes. That NPRM was published in the 
Federal Register on October 5, 2006 (71 FR 58755). That NPRM proposed 
to require an inspection of the identification plates of the outboard 
slats to determine the type of identification plates and the part 
numbers. For certain airplanes, that NPRM also proposed to require a 
revision to the Limitations and Normal Procedures sections of the 
airplane flight manual to provide procedures for operation in icing 
conditions; and replacement of the anti-icing manifold with an anti-
icing manifold of the correct type design if necessary. For certain 
airplanes, that NPRM also proposed to require related investigative and 
corrective actions if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Incorporate by Reference During the NPRM Rulemaking Phase

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, ADs are based on service information originating with 
the type certificate holder or its suppliers. MARPA adds that 
manufacturer service documents are privately authored instruments 
generally having copyright protection against duplication and 
distribution. MARPA notes that when a service document is incorporated 
by reference into a public document, such as an AD, it loses its 
private, protected status and becomes a public document. MARPA adds 
that if a service document is used as a mandatory element of 
compliance, it should not simply be referenced, but should be 
incorporated into the regulatory document; by definition, public laws 
must be public, which means they cannot rely upon private writings.
    We understand MARPA's comment concerning incorporation by 
reference. The Office of the Federal Register (OFR) requires that 
documents that are necessary to accomplish the requirements of the AD 
be incorporated by reference during the final rule phase of rulemaking. 
This final rule incorporates by reference the documents necessary for 
the accomplishment of the actions required by this AD. Further, we 
point out that while documents that are incorporated by reference do 
become public information, they do not lose their copyright protection. 
For that reason, we advise the public to contact the manufacturer to 
obtain copies of the referenced service information.

Request To Publish Service Information Online

    MARPA adds that incorporated by reference service documents should 
be made available to the public by publication in the Docket Management 
System (DMS), keyed to the action that incorporates them. MARPA notes 
that the stated purpose of the incorporation by reference method is 
brevity, to keep from expanding the Federal Register needlessly by 
publishing documents already in the hands of the affected individuals; 
traditionally, ``affected individuals'' means aircraft owners and

[[Page 4195]]

operators, who are generally provided service information by the 
manufacturer. MARPA adds that a new class of affected individuals has 
emerged, since the majority of aircraft maintenance is now performed by 
specialty shops instead of aircraft owners and operators. MARPA notes 
that this new class includes maintenance and repair organizations, 
component servicing and repair shops, parts purveyors and distributors, 
and organizations manufacturing or servicing alternatively certified 
parts under section 21.303 (``Replacement and modification parts'') of 
the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the 
concept of brevity is now nearly archaic as documents exist more 
frequently in electronic format than on paper. Therefore, MARPA asks 
that the service documents deemed essential to the accomplishment of 
the NPRM be incorporated by reference into the regulatory instrument 
and published in DMS.
    In regard to the commenter's request to post service bulletins on 
the Department of Transportation's DMS, we are currently in the process 
of reviewing issues surrounding the posting of service bulletins on DMS 
as part of an AD docket. Once we have thoroughly examined all aspects 
of this issue and have made a final determination, we will consider 
whether our current practice needs to be revised. No change to the 
final rule is necessary in response to this comment.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 637 airplanes of U.S. registry. The required 
inspection takes about 2 work hours per airplane, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the AD for U.S. operators is $101,920, or $160 per airplane.

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 have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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

2007-01-12 Dassault Aviation: Amendment 39-14884. Docket No. FAA-
2006-25988; Directorate Identifier 2006-NM-113-AD.

Effective Date

    (a) This AD becomes effective March 6, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in Table 1 of 
this AD, certificated in any category.

                         Table 1.--Applicability
------------------------------------------------------------------------
             Dassault model--                       Serial Nos.--
------------------------------------------------------------------------
Mystere-Falcon 50 airplanes...............  2 through 344 inclusive.
Mystere-Falcon 900 airplanes..............  1 through 202 inclusive.
Falcon 900EX airplanes....................  1 through 96 inclusive and
                                             98 through 154 inclusive.
Falcon 2000 airplanes.....................  1 through 223 inclusive.
Falcon 2000EX airplanes...................  1 through 69 inclusive.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a finding that the outboard slats for 
Model Mystere-Falcon 50 airplanes have been erroneously authorized, 
in limited cases, as interchangeable for use on Model Mystere-Falcon 
900, and Falcon 900EX airplanes; and Model Falcon 2000 and Falcon 
2000EX airplanes. We are issuing this AD to prevent failure of the 
anti-icing manifold of the outboard slats, which could result in 
loss of control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the service bulletins identified in 
Table 2 of this AD, as applicable. Although the service bulletins 
referenced in Table 2 of this AD specify to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

                                           Table 2.--Service Bulletins
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                                                                                              For the actions
    Dassault Service Bulletin--                 Dated--                  For model--           specified in--
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F2000-331.........................  January 30, 2006..............  Falcon 2000 airplanes  Paragraph (h) of this
                                                                                            AD.

[[Page 4196]]

 
F2000EX-91........................  January 30, 2006..............  Falcon 2000EX          Paragraph (h) of this
                                                                     airplanes.             AD.
F50-475...........................  January 30, 2006..............  Mystere-Falcon 50      Paragraph (g) of this
                                                                     airplanes.             AD.
F50-478...........................  January 30, 2006..............  Mystere-Falcon 50      Paragraph (g)(2) of
                                                                     airplanes.             this AD.
F900-370..........................  January 30, 2006..............  Mystere-Falcon 900     Paragraph (h) of this
                                                                     airplanes.             AD.
F900EX-273........................  January 30, 2006..............  Falcon 900EX           Paragraph (h) of this
                                                                     airplanes.             AD.
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Inspection and Corrective Actions for Model Mystere-Falcon 50 Airplanes

    (g) For Model Mystere-Falcon 50 airplanes: Within 330 flight 
hours or 7 months after the effective date of this AD, whichever 
occurs first, inspect the identification plates of the outboard 
slats to determine the type of identification plates and the part 
numbers (P/Ns), in accordance with the applicable service bulletin. 
A review of airplane maintenance records is acceptable in lieu of 
the inspection if the type of identification plate and the part 
numbers of the outboard slats can be determined conclusively from 
that review. If a ``type 3'' identification plate is installed and 
mentions ``REP,'' ``WILMINGTON,'' ``LITTLE ROCK,'' or any other 
repair station, or if the conformity of the slat with the airplane's 
type design cannot be positively confirmed, before further flight, 
do a ``go-no-go'' diameter check of the air distribution holes of 
the manifold using a drill bit shank, in accordance with the 
applicable service bulletin. If the drill bit shank can be inserted 
through the air distribution holes of the manifold, or if a ``type 
1'' identification plate is installed and inscribed with P/N 
FGFB134XX or P/N FGFB144XX, or if a slat has multiple identification 
plates and the vertical field of the most recent plate is inscribed 
with ``F900'' or ``MF900,'' do the actions specified in paragraphs 
(g)(1) and (g)(2) of this AD.
    (1) Before further flight after the inspection required by 
paragraph (g) of this AD: Revise the Limitations and Normal 
Procedures sections of the Dassault Mystere-Falcon 50 Airplane 
Flight Manual (AFM), DTM813, to include the information in Dassault 
Temporary Change (TC) 61, dated January 27, 2006, as specified in 
the TC; or revise the Limitations and Normal Procedures sections of 
the Dassault Mystere-Falcon 50EX AFM, FM813EX, to include the 
information in Dassault TC 75, dated January 27, 2006, as specified 
in the TC; as applicable. These TCs introduce procedures for 
operation in icing conditions. Operate the airplane according to the 
limitations and procedures in the applicable TC.

    Note 1: This may be done by inserting a copy of TC 61 or TC 75 
in the AFM, as applicable. When the TC has been included in the 
general revisions of the AFM, the general revisions may be inserted 
in the AFM, provided that the relevant information in the general 
revision is identical to that in TC 61 or TC 75, as applicable.

    (2) Within 1,530 flight hours after accomplishing the inspection 
required by paragraph (g) of this AD: Replace the anti-icing 
manifold with an anti-icing manifold of the correct type design, by 
accomplishing all of the actions specified in the applicable service 
bulletin, except as provided by paragraph (f) of this AD. 
Accomplishing the replacement terminates the requirements of 
paragraph (g)(1) of this AD. After the replacement has been done, 
the AFM limitation required by paragraph (g)(1) of this AD may be 
removed from the AFM.

Inspection and Replacement for Certain Airplanes

    (h) For Model Mystere-Falcon 900 and Falcon 900EX airplanes, and 
Model Falcon 2000 and Falcon 2000EX airplanes: Within 330 flight 
hours or 7 months after the effective date of this AD, whichever 
occurs first, inspect the identification plates of the outboard 
slats to determine the type of identification plates and the part 
numbers, and do all related investigative and corrective actions, by 
accomplishing all of the actions specified in the service bulletin, 
as applicable, except as provided by paragraph (f) of this AD. Do 
all applicable related investigative and corrective actions before 
further flight. A review of airplane maintenance records is 
acceptable in lieu of the inspection if the type of identification 
plate and the part numbers of the outboard slats can be determined 
conclusively from that review.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) 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.

Related Information

    (j) European Aviation Safety Agency (EASA) airworthiness 
directive 2006-0037, dated February 1, 2006, also addresses the 
subject of this AD.

Material Incorporated by Reference

    (k) You must use the service information identified in Table 3 
of this AD to perform the actions that are required by this AD, 
unless the AD specifies otherwise.

                                  Table 3.--Material Incorporated by Reference
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           Service information                      Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Dassault Service Bulletin F2000-331.....  Original..........................  January 30, 2006.
Dassault Service Bulletin F2000EX-91....  Original..........................  January 30, 2006.
Dassault Service Bulletin F50-475.......  Original..........................  January 30, 2006.
Dassault Service Bulletin F50-478.......  Original..........................  January 30, 2006.
Dassault Service Bulletin F900-370......  Original..........................  January 30, 2006.
Dassault Service Bulletin F900EX-273....  Original..........................  January 30, 2006.
Dassault Temporary Change 61 to the       Original..........................  January 27, 2006.
 Dassault Mystere-Falcon 50 Airplane
 Flight Manual, DTM813.
Dassault Temporary Change 75 to the       Original..........................  January 27, 2006.
 Dassault Mystere-Falcon 50EX Airplane
 Flight Manual, FM813EX.
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(The issue date on the second page of Dassault Temporary Change 61 
is incorrect; instead of January 27, 2005, that date should be 
January 27, 2006.) The Director of the Federal Register approved the 
incorporation by reference of these documents in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact Dassault Falcon Jet, P.O. 
Box 2000, South Hackensack, New Jersey 07606, for a copy of this 
service information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street, 
SW., Room PL-401, Nassif Building, Washington, DC; on the Internet 
at <a href="http://dms.dot.gov">http://dms.dot.gov</a>; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go tohttp://
www.archives.gov/federal--register/

[[Page 4197]]

code--of--federal--regulations/ibr--locations.html.

    Issued in Renton, Washington, on December 26, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-1204 Filed 1-29-07; 8:45 am]
BILLING CODE 4910-13-P