AD 2010-24-08

[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71530-71532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2010-29458]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1155; Directorate Identifier 2010-NM-238-AD; 
Amendment 39-16527; AD 2010-24-08]
RIN 2120-AA64


Airworthiness Directives; DASSAULT AVIATION Model MYSTERE-FALCON 
50 Airplanes

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

ACTION: Final rule; request for comments.

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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 two occurrences on Myst[egrave]re-Falcon 50 aeroplanes in 
service, it was detected that two pipes of the emergency brake 
system <greek-i>2 located near the nose landing gear bearing were 
swapped.
    The swapping of these two pipes implies that when the Left Hand 
(LH) brake pedal is depressed, the Right Hand (RH) brake unit is 
activated, and conversely, when the RH brake pedal is depressed, the 
LH brake unit is actuated. This constitutes an unsafe condition, 
which may go unnoticed as the condition is latent until the 
emergency brake system <greek-i>2 is used. This condition, if not 
corrected, could ultimately lead to a runway excursion of the 
aeroplane.
* * * * *

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective December 9, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 9, 
2010.
    We must receive comments on this AD by January 10, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this 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, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

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 2010-0208-E, dated October 12, 2010 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    On two occurrences on Myst[egrave]re-Falcon 50 aeroplanes in 
service, it was detected that

[[Page 71531]]

two pipes of the emergency brake system <greek-i>2 located near the 
nose landing gear bearing were swapped.
    The swapping of these two pipes implies that when the Left Hand 
(LH) brake pedal is depressed, the Right Hand (RH) brake unit is 
activated, and conversely, when the RH brake pedal is depressed, the 
LH brake unit is actuated. This constitutes an unsafe condition, 
which may go unnoticed as the condition is latent until the 
emergency brake system <greek-i>2 is used. This condition, if not 
corrected, could ultimately lead to a runway excursion of the 
aeroplane.
    For the reasons described above, this [EASA] AD requires an 
[general visual] inspection of the main landing gear braking system 
and, in case of findings, proper re-installation of the emergency 
brake system <greek-i>2 pipes. This [EASA] AD also requires painting 
the affected pipes for clear identification in order to avoid 
mistakes while reinstalling them after maintenance.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    DASSAULT AVIATION has issued Service Bulletin F50-515, dated 
October 12, 2010. 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 the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information 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 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 
highlighted in a Note within the AD.

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 this 
unsafe condition could result in a high speed runway excursion when the 
brakes are applied. 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-2010-1155; Directorate 
Identifier 2010-NM-238-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://www.regulations.gov">http://www.regulations.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 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.

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:

2010-24-08 Dassault Aviation: Amendment 39-16527. Docket No. FAA-
2010-1155; Directorate Identifier 2010-NM-238-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
9, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to DASSAULT AVIATION Model MYSTERE-FALCON 50 
airplanes, certificated in any category, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

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

[[Page 71532]]

    On two occurrences on Myst[egrave]re-Falcon 50 aeroplanes in 
service, it was detected that two pipes of the emergency brake 
system <greek-i>2 located near the nose landing gear bearing were 
swapped.
    The swapping of these two pipes implies that when the Left Hand 
(LH) brake pedal is depressed, the Right Hand (RH) brake unit is 
activated, and conversely, when the RH brake pedal is depressed, the 
LH brake unit is actuated. This constitutes an unsafe condition, 
which may go unnoticed as the condition is latent until the 
emergency brake system <greek-i>2 is used. This condition, if not 
corrected,
* * * * *

Compliance

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

Actions

    (g) Within 7 days after the effective date of this AD, do a 
general visual inspection for correct installation (as defined in 
Dassault Service Bulletin F50-515, dated October 12, 2010) of the 
emergency brake system number 2, in accordance with the 
Accomplishment Instructions of Dassault Service Bulletin F50-515, 
dated October 12, 2010, except that work required by this AD can 
only be done by persons prescribed in 14 CFR 43.3 and 43.7.
    (h) If the emergency brake system number 2 is found installed 
incorrectly during the inspection required by paragraph (g) of this 
AD: Before further flight, install the emergency brake system number 
2 correctly, in accordance with the Accomplishment Instructions of 
Dassault Service Bulletin F50-515, dated October 12, 2010.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    (1) European Aviation Safety Agency (EASA) AD 2010-0208-E, dated 
October 12, 2010, has a compliance time of ``before the next flight 
after the effective date of this AD.'' This AD requires that the 
actions be done within 7 days after the effective date of this AD.
    (2) EASA AD 2010-0208-E, dated October 12, 2010, allows the 
flightcrew to inspect the emergency brake system number 2 specified 
in accordance with Dassault Service Bulletin F50-515, dated October 
12, 2010. However, this AD requires the inspection to be performed 
by certificated maintenance personnel.

    (3) EASA AD 2010-0208-E, dated October 12, 2010, requires 
painting the pipes end of the emergency brake system number 2 and 
related unions within 7 months after the effective date of that AD. 
This AD does not require painting the pipes end of the emergency 
brake system number 2 and related unions. We might consider 
additional rulemaking to require this action in the future.

Other FAA AD Provisions

    (i) 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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (j) Refer to MCAI EASA AD 2010-0208-E, dated October 12, 2010; 
and Dassault Service Bulletin F50-515, dated October 12, 2010; for 
related information.

Material Incorporated by Reference

    (k) You must use Dassault Service Bulletin F50-515, dated 
October 12, 2010, 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; telephone 201-440-6700; Internet <a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington on November 15, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-29458 Filed 11-23-10; 8:45 am]
BILLING CODE 4910-13-P