AD 2008-13-04

[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34849-34851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-13576]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0296; Directorate Identifier 2007-NM-307-AD; 
Amendment 39-15567; AD 2008-13-04]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Mystere-Falcon 20-C5, 
20-D5, and 20-E5 Airplanes

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

ACTION: Final rule.

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[[Page 34850]]

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:

    This Airworthiness Directive (AD) is prompted by the discovery 
on an in-service Mystere-Falcon 20-C5 of a collapsed wing anti-ice 
flexible hose due to internal ply separation.
    Consequences on the aircraft can be insufficient anti-icing not 
detected by the monitoring system. Ice accretion on the wing might 
then occur and might jeopardize the aircraft flight performance and 
safety.

* * * * *
The unsafe condition is undetected excessive ice build-up on the wings, 
which could interfere with controllability of the airplane. We are 
issuing this AD to require actions to correct the unsafe condition on 
these products.

DATES: This AD becomes effective July 24, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 24, 
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.

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 13, 2008 (73 
FR 13509). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    This Airworthiness Directive (AD) is prompted by the discovery 
on an in-service Mystere-Falcon 20-C5 of a collapsed wing anti-ice 
flexible hose due to internal ply separation.
    Consequences on the aircraft can be insufficient anti-icing not 
detected by the monitoring system. Ice accretion on the wing might 
then occur and might jeopardize the aircraft flight performance and 
safety.
    The present AD mandates replacement of the wing anti-ice 
flexible hoses by new ones of an improved design.

The unsafe condition is undetected excessive ice build-up on the wings, 
which could interfere with controllability of the airplane. 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 214 products of U.S. 
registry. We also estimate that it will take about 5 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 $887 
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 $275,418, or $1,287 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.

[[Page 34851]]

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:

2008-13-04 Dassault Aviation (Formerly Avions Marcel Dassault-
Breguet Aviation (AMD/BA)): Amendment 39-15567. Docket No. FAA-2008-
0296; Directorate Identifier 2007-NM-307-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 24, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Mystere-Falcon 20-C5, 20-
D5, and 20-E5 airplanes, certificated in any category, all serial 
numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and 
Rain Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    This Airworthiness Directive (AD) is prompted by the discovery 
on an in-service Mystere-Falcon 20-C5 of a collapsed wing anti-ice 
flexible hose due to internal ply separation.
    Consequences on the aircraft can be insufficient anti-icing not 
detected by the monitoring system. Ice accretion on the wing might 
then occur and might jeopardize the aircraft flight performance and 
safety.
    The present AD mandates replacement of the wing anti-ice 
flexible hoses by new ones of an improved design.
    The unsafe condition is undetected excessive ice build-up on the 
wings, which could interfere with controllability of the airplane.

Actions and Compliance

    (f) Within 7 months after the effective date of this AD, unless 
already done, do the following actions.
    (1) Inspect to determine whether any wing anti-ice flexible hose 
having part number (P/N) FAL1006 or P/N ARM224A is installed. A 
review of airplane maintenance records is acceptable in lieu of this 
inspection if the part number of the wing anti-ice flexible hose can 
be conclusively determined from that review. If any wing anti-ice 
flexible hose does not have P/N FAL1006 or P/N ARM224A, no further 
action is required by this AD for that hose, except as required by 
paragraph (f)(3) of this AD.
    (2) Remove any wing anti-ice flexible hose having P/N FAL1006 or 
P/N ARM224A, and install a new hose having ESPA (brand) P/N 
60503104509; in accordance with the Accomplishment Instructions of 
Dassault Service Bulletin F20-775, dated July 9, 2007.
    (3) As of the effective date of this AD, no person shall install 
any flexible hose having P/N FAL1006 or P/N ARM224A on any Model 
Mystere-Falcon 20-C5, 20-D5, or 20-E5 airplane specified in the 
applicability of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: The MCAI does not require inspecting to determine the 
part numbers of the wing anti-ice flexible hoses. This AD requires 
such an inspection.

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 2007-0227, dated September 17, 2007; and Dassault Service 
Bulletin F20-775, dated July 9, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Dassault Service Bulletin F20-775, dated July 
9, 2007, 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 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-13576 Filed 6-18-08; 8:45 am]
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