AD 2008-12-15

[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Rules and Regulations]
[Pages 34624-34626]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-13315]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0301; Directorate Identifier 2007-NM-284-AD; 
Amendment 39-15559; AD 2008-12-15]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000EX and 900EX 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    On early FALCON airplanes featuring the EASy cockpit, a new 
oxygen controller has been installed. An internal review has 
determined that the passenger oxygen mask boxes do not fit this new 
controller. In OVERRIDE mode, that is to say, when the internal 
pressure reducer is by-passed, oxygen (O<INF>2</INF>) flow is 
nominal, while in NORMAL mode O<INF>2</INF> flow is reduced by half 
compared to what it should be.
    Consequently, in NORMAL mode the minimum mass flow of 
supplemental O<INF>2</INF> for each passenger, as required by 
Certification Specifications, is no longer met. This could lead to 
passenger incommodation due to insufficient body oxygenation.

    The unsafe condition is incorrectly fitted passenger oxygen mask 
boxes for the new controllers, which could result in incapacitation of 
passengers due to insufficient oxygen in the event of rapid 
depressurization of the airplane when the controller is in NORMAL mode. 
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 23, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 23, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

[[Page 34625]]


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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 18, 2008 (73 
FR 14403). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    On early FALCON airplanes featuring the EASy cockpit, a new 
oxygen controller has been installed. An internal review has 
determined that the passenger oxygen mask boxes do not fit this new 
controller. In OVERRIDE mode, that is to say, when the internal 
pressure reducer is by-passed, oxygen (O<INF>2</INF>) flow is 
nominal, while in NORMAL mode O<INF>2</INF> flow is reduced by half 
compared to what it should be.
    Consequently, in NORMAL mode the minimum mass flow of 
supplemental O<INF>2</INF> for each passenger, as required by 
Certification Specifications, is no longer met. This could lead to 
passenger incommodation due to insufficient body oxygenation.
    The purpose of this Airworthiness Directive (AD) is to mandate 
the replacement of the passenger oxygen mask boxes by new-design 
ones [boxes] adapted to the controller.

The unsafe condition is incorrectly fitted passenger oxygen mask boxes 
for the new controllers, which could result in incapacitation of 
passengers due to insufficient oxygen in the event of rapid 
depressurization of the airplane when the controller is in NORMAL mode. 
You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 27 products of U.S. 
registry. We also estimate that it will take about 16 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $0 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $34,560, or $1,280 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 this AD:
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, 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.

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:

2008-12-15 Dassault Aviation: Amendment 39-15559. Docket No. FAA-
2008-0301; Directorate Identifier 2007-NM-284-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 23, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Falcon 2000EX and 900EX 
airplanes, certificated in any category, as identified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) Falcon 900EX airplanes, serial number (S/N) 120 through 146 
inclusive, on which Dassault Service Bulletin F900EX-257 has not 
been implemented.

[[Page 34626]]

    (2) Falcon 2000EX airplanes, S/N 28 through 55 inclusive, on 
which Dassault Service Bulletin F2000EX-61 has not been implemented.

Subject

    (d) Air Transport Association (ATA) of America Code 35: Oxygen.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    On early FALCON airplanes featuring the EASy cockpit, a new 
oxygen controller has been installed. An internal review has 
determined that the passenger oxygen mask boxes do not fit this new 
controller. In OVERRIDE mode, that is to say, when the internal 
pressure reducer is by-passed, oxygen (O2) flow is nominal, while in 
NORMAL mode O2 flow is reduced by half compared to what it should 
be.
    Consequently, in NORMAL mode the minimum mass flow of 
supplemental O2 for each passenger, as required by Certification 
Specifications, is no longer met. This could lead to passenger 
incommodation due to insufficient body oxygenation.
    The purpose of this Airworthiness Directive (AD) is to mandate 
the replacement of the passenger oxygen mask boxes by new-designed 
ones [boxes] adapted to the controller.

The unsafe condition is incorrectly fitted passenger oxygen mask 
boxes for the new controllers, which could result in incapacitation 
of passengers due to insufficient oxygen in the event of rapid 
depressurization of the airplane when the controller is in NORMAL 
mode.

Actions and Compliance

    (f) Unless already done do the following actions:
    (1) Within 15 months after the effective date of this AD, 
replace the passenger oxygen mask boxes in accordance with Dassault 
Service Bulletins F900EX-257 or F2000EX-61, both Revision 1, both 
dated March 22, 2007, as applicable.
    (2) Actions done before the effective date of this AD in 
accordance with Dassault Service Bulletins F900EX-257, dated March 
15, 2006; and F2000EX-61, dated March 22, 2006; are acceptable for 
compliance with the corresponding actions of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) 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. Send information to ATTN: Tom 
Rodriguez, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1137; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2007-0073, dated March 22, 2007; and Dassault Service 
Bulletins F900EX-257 and F2000EX-61, both Revision 1, both dated 
March 22, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Dassault Service Bulletin F900EX-257, Revision 
1, dated March 22, 2007; or Dassault Service Bulletin F2000EX-61, 
Revision 1, dated March 22, 2007; 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; 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/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on June 3, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-13315 Filed 6-17-08; 8:45 am]
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