AD 2012-06-21

[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Rules and Regulations]
[Pages 19074-19076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-7372]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1164; Directorate Identifier 2011-NM-084-AD; 
Amendment 39-17002; AD 2012-06-21]
RIN 2120-AA64


Airworthiness Directives; DASSAULT AVIATION 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 all 
DASSAULT AVIATION Model MYSTERE-FALCON 900 airplanes. This AD was 
prompted by multiple reports of fuel leakage from a defective fuel 
high-level sensor located in the wing front spar. This AD requires 
inspecting to determine fuel quantity sensors part numbers and 
replacing of certain fuel quantity sensors with new fuel quantity 
sensors. We are issuing this AD to prevent internal fuel leakage with 
significant fuel vapors, which could result in a fire hazard.

DATES: This AD becomes effective May 4, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 4, 2012.

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 November 4, 2011 (76 
FR 68368). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Several Mystere-Falcon 900 aeroplanes experienced fuel leakage 
from a defective fuel high-level sensor located in the wing front 
spar.
    Investigations revealed that the leakage was due to a defective 
fuel quantity sensor Part Number (P/N) 722105-2.
    This condition, if not detected and corrected, could lead to an 
internal fuel leakage with significant fuel vapours, which could 
result in a fire hazard.
    To address this unsafe condition, Dassault Aviation have 
developed an improved fuel quantity sensor with a new concept of 
sealing.
    For the reasons described above, this [EASA] AD requires the 
identification of the affected sensors and replacement with the 
improved part.

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 (76 FR 68368, November 4, 
2011) 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, except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (76 FR 68368, November 4, 2011) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 68368, November 4, 2011).

Costs of Compliance

    We estimate that this AD will affect 110 products of U.S. registry. 
We also estimate that it will take about 4 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $4,000 per 
product. Where the service

[[Page 19075]]

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 $477,400, or 
$4,340 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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 (76 FR 68368, November 4, 
2011), 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 adding the following new AD:

2012-06-21 DASSAULT AVIATION: Amendment 39-17002. Docket No. FAA-
2011-1164; Directorate Identifier 2011-NM-084-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 4, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DASSAULT AVIATION Model MYSTERE-FALCON 900 
airplanes, certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 28: Fuel.

(e) Reason

    This AD was prompted by multiple reports of fuel leakage from a 
defective fuel high-level sensor located in the wing front spar. We 
are issuing this AD to prevent internal fuel leakage with 
significant fuel vapors, which could result in a fire hazard.

 (f) Compliance

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

(g) Part Identification and Replacement

    Within 440 flight hours or 9 months after the effective date of 
this AD, whichever occurs first, do the actions specified in 
paragraphs (g)(1) and (g)(2) of this AD.
    (1) Inspect the fuel quantity sensors to determine whether part 
number (P/N) 722105-2 is installed.
    (2) Replace all P/N 722105-2 fuel quantity sensors with new P/N 
722105-3 fuel quantity sensors, in accordance with the 
Accomplishment Instructions of Dassault Mandatory Service Bulletin 
F900-410, dated December 20, 2010.

(h) Parts Installation

    As of the effective date of this AD, no person may install a 
fuel quantity sensor having P/N 722105-2 on any airplane.

(i) Other FAA AD Provisions

    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. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#ecd5c1ada2a1c1dddddac1ada1a3afc1bea9bdb9a9bfb8bfac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="3d04107c7370100c0c0b107c70727e106f786c68786e696e7d5b5c5c135a524b">[email&#160;protected]</span></a>. 
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.

(j) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2011-0049, dated March 21, 2011; and Dassault Mandatory 
Service Bulletin F900-410, dated December 20, 2010; for related 
information.

(k) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Dassault Mandatory Service Bulletin F900-410, dated December 
20, 2010.
    (2) For DASSAULT AVIATION 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>.

[[Page 19076]]

    (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 an NARA facility, 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 March 19, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-7372 Filed 3-29-12; 8:45 am]
BILLING CODE 4910-13-P