AD 2011-10-14

[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27880-27882]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-11329]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0042; Directorate Identifier 2010-NM-267-AD; 
Amendment 39-16695; AD 2011-10-14]
RIN 2120-AA64


Airworthiness Directives; DASSAULT AVIATION Model MYSTERE-FALCON 
50 Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD) 
that applies to 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.

* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective June 17, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 9, 
2010 (75 FR 71530, November 24, 2010).

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, Transport Airplane Directorate, FAA, 
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 February 16, 2011 
(76 FR 8919), and proposed to supersede AD 2010-24-08, Amendment 39-
16527 (75 FR 71530, November 24, 2010). That NPRM proposed to correct 
an unsafe condition for the specified products. The MCAI states:
    In AD 2010-24-08, we pointed out that the corresponding EASA AD, 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. We explained that AD 2010-24-08 
did not require that action, and that we might consider additional 
rulemaking to require this action in the future. We have determined 
that further rulemaking is indeed necessary to require that action, and 
this AD follows from that determination.
    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.

[[Page 27881]]

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

    Based on the service information, we estimate that this AD will 
affect about 248 products of U.S. registry.
    The actions that are required by AD 2010-24-08 and retained in this 
AD take about 2 work-hours per product, at an average labor rate of $85 
per work hour. Based on these figures, the estimated cost of the 
currently required actions is $170 per product.
    We estimate that it will take about 1 work-hour per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of the AD on U.S. operators to be $21,080, or $85 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

    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 removing Amendment 39-16527 (75 FR 
71530, November 24, 2010) and adding the following new AD:

2011-10-14 Dassault Aviation: Amendment 39-16695. Docket No. FAA-
2011-0042; Directorate Identifier 2010-NM-267-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 17, 
2011.

Affected ADs

    (b) This AD supersedes AD 2010-24-08, Amendment 39-16527.

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 continuing airworthiness information (MCAI) 
states:

    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.
* * * * *

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.

Restatement of Requirements of AD 2010-24-08

Actions

    (g) Within 7 days after December 9, 2010 (the effective date of 
AD 2010-24-08), 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.

New Requirements of This AD

    (i) Within 7 months after the effective date of this AD, paint 
the pipe ends of the emergency brake system <greek-i>2 and related 
unions, in accordance with paragraph 2.C. of 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,

[[Page 27882]]

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 AD 2010-24-08.
    (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.

Other FAA AD Provisions

    (j) 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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it 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, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding 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.

Related Information

    (k) 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

    (l) 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 previously approved the 
incorporation by reference of Dassault Service Bulletin F50-515, 
dated October 12, 2010, on December 9, 2010 (75 FR 71530, November 
24, 2010).
    (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 April 28, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-11329 Filed 5-12-11; 8:45 am]
BILLING CODE 4910-13-P