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69608 Federal Register / Vol. 72, No.

236 / Monday, December 10, 2007 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION International Branch, ANM–116, these changes, we do not intend to differ
Transport Airplane Directorate, FAA, substantively from the information
Federal Aviation Administration 1601 Lind Avenue, SW., Renton, provided in the MCAI and related
Washington 98057–3356; telephone service information.
14 CFR Part 39 (425) 227–1137; fax (425) 227–1149. We might also have required different
[Docket No. FAA–2007–29175; Directorate SUPPLEMENTARY INFORMATION: actions in this AD from those in the
Identifier 2007–NM–134–AD; Amendment MCAI in order to follow our FAA
Discussion policies. Any such differences are
39–15292; AD 2007–25–10]
We issued a notice of proposed highlighted in a NOTE within the AD.
RIN 2120–AA64
rulemaking (NPRM) to amend 14 CFR
Costs of Compliance
Airworthiness Directives; Dassault part 39 to include an AD that would
Model Mystere-Falcon 50, Mystere- apply to the specified products. That We estimate that this AD will affect
Falcon 900, Falcon 900EX, Falcon NPRM was published in the Federal about 739 products of U.S. registry. We
2000, and Falcon 2000EX Airplanes Register on September 13, 2007 (72 FR also estimate that it will take about 2
52311). That NPRM proposed to correct work-hours per product to comply with
AGENCY: Federal Aviation an unsafe condition for the specified the basic requirements of this AD. The
Administration (FAA), Department of products. The MCAI states: average labor rate is $80 per work-hour.
Transportation (DOT). A rotating rod in the trailing edge flap Based on these figures, we estimate the
ACTION: Final rule. control linkage broke in flight. Investigations cost of this AD to the U.S. operators to
revealed that the rotating rod had been be $118,240, or $160 per product.
SUMMARY: We are adopting a new installed in the wrong side during a
airworthiness directive (AD) for the maintenance operation. This incorrect
Authority for This Rulemaking
products listed above. This AD results installation caused a contact between the Title 49 of the United States Code
from mandatory continuing rotating rod and its retaining bracket leading, specifies the FAA’s authority to issue
airworthiness information (MCAI) after some time in operation, to the rod rules on aviation safety. Subtitle I,
originated by an aviation authority of breakage and flap asymmetry situation.
section 106, describes the authority of
The consequence on the airplane of the
another country to identify and correct the FAA Administrator. ‘‘Subtitle VII:
flap asymmetry combined with a latent
an unsafe condition on an aviation failure of the asymmetry detection system is Aviation Programs,’’ describes in more
product. The MCAI describes the unsafe classified as a catastrophic failure condition. detail the scope of the Agency’s
condition as: authority.
The unsafe condition is failure of the
A rotating rod in the trailing edge flap We are issuing this rulemaking under
rotating rod in the control linkage of the
control linkage broke in flight. Investigations the authority described in ‘‘Subtitle VII,
trailing edge flap and consequent flap
revealed that the rotating rod had been Part A, Subpart III, Section 44701:
installed in the wrong side during a asymmetry during the approach to
General requirements.’’ Under that
maintenance operation. This incorrect landing, which could result in reduced
section, Congress charges the FAA with
installation caused a contact between the controllability of the airplane. The
promoting safe flight of civil aircraft in
rotating rod and its retaining bracket leading, corrective actions include the following:
air commerce by prescribing regulations
after some time in operation, to the rod Verifying the correct assembly of the
breakage and flap asymmetry situation. for practices, methods, and procedures
flap rotating rods and associated
The consequence on the airplane of the the Administrator finds necessary for
brackets and installing the rod and
flap asymmetry combined with a latent safety in air commerce. This regulation
bracket with correct orientation/
failure of the asymmetry detection system is is within the scope of that authority
positioning if necessary; and inspecting
classified as a catastrophic failure condition. because it addresses an unsafe condition
the rod for damage and replacing the
The unsafe condition is failure of the that is likely to exist or develop on
rod if any damage is found. You may
rotating rod in the control linkage of the products identified in this rulemaking
obtain further information by examining
trailing edge flap and consequent flap action.
the MCAI in the AD docket.
asymmetry during the approach to Regulatory Findings
landing, which could result in reduced Comments
controllability of the airplane. We are We gave the public the opportunity to We determined that this AD will not
issuing this AD to require actions to participate in developing this AD. We have federalism implications under
correct the unsafe condition on these received no comments on the NPRM or Executive Order 13132. This AD will
products. on the determination of the cost to the not have a substantial direct effect on
public. the States, on the relationship between
DATES: This AD becomes effective the national government and the States,
January 14, 2008. Conclusion or on the distribution of power and
The Director of the Federal Register responsibilities among the various
We reviewed the available data and
approved the incorporation by reference levels of government.
determined that air safety and the
of certain publications listed in this AD For the reasons discussed above, I
public interest require adopting the AD
as of January 14, 2008. certify this AD:
as proposed.
ADDRESSES: You may examine the AD 1. Is not a ‘‘significant regulatory
docket on the Internet at http:// Differences Between This AD and the action’’ under Executive Order 12866;
www.regulations.gov or in person at the MCAI or Service Information 2. Is not a ‘‘significant rule’’ under the
U.S. Department of Transportation, We have reviewed the MCAI and DOT Regulatory Policies and Procedures
Docket Operations, M–30, West related service information and, in (44 FR 11034, February 26, 1979); and
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Building Ground Floor, Room W12–140, general, agree with their substance. But 3. Will not have a significant
1200 New Jersey Avenue, SE., we might have found it necessary to use economic impact, positive or negative,
Washington, DC. different words from those in the MCAI on a substantial number of small entities
FOR FURTHER INFORMATION CONTACT: Tom to ensure the AD is clear for U.S. under the criteria of the Regulatory
Rodriguez, Aerospace Engineer, operators and is enforceable. In making Flexibility Act.

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Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations 69609

We prepared a regulatory evaluation Docket No. FAA–2007–29175; Directorate after some time in operation, to the rod
of the estimated costs to comply with Identifier 2007–NM–134–AD. breakage and flap asymmetry situation.
this AD and placed it in the AD docket. The consequence on the airplane of the
Effective Date flap asymmetry combined with a latent
Examining the AD Docket (a) This airworthiness directive (AD) failure of the asymmetry detection system is
You may examine the AD docket on becomes effective January 14, 2008. classified as a catastrophic failure condition.
the Internet at http:// Affected ADs The unsafe condition is failure of the rotating
www.regulations.gov; or in person at the rod in the control linkage of the trailing edge
(b) None. flap and consequent flap asymmetry during
Docket Operations office between 9 a.m.
Applicability the approach to landing, which could result
and 5 p.m., Monday through Friday,
in reduced controllability of the airplane.
except Federal holidays. The AD docket (c) This AD applies to the airplanes The corrective actions include the following:
contains the NPRM, the regulatory identified in paragraphs (c)(1), (c)(2), (c)(3), Verifying the correct assembly of the flap
evaluation, any comments received, and and (c)(4) of this AD; certificated in any rotating rods and associated brackets and
other information. The street address for category. installing the rod and bracket with correct
the Docket Operations office (telephone (1) Dassault Model Mystere-Falcon 50 orientation/positioning if necessary; and
(800) 647–5527) is in the ADDRESSES airplanes on which Dassault Modification inspecting the rod for damage and replacing
M2996 has not been implemented. the rod if any damage is found.
section. Comments will be available in
(2) Dassault Model Mystere-Falcon 900
the AD docket shortly after receipt. airplanes on which Dassault Modification Actions and Compliance
List of Subjects in 14 CFR Part 39 M5007 has not been implemented. (f) Unless already done, within 330 flight
(3) Dassault Model Falcon 900EX airplanes hours or 7 months after the effective date of
Air transportation, Aircraft, Aviation on which Dassault Modification M5007 has this AD, whichever occurs first, do the
safety, Incorporation by reference, not been implemented (including serial following actions.
Safety. number 601 and subsequent, also known as (1) Verify the correct assembly of the flap
Adoption of the Amendment ‘‘DX’’ airplanes). rotating rods and associated retaining
(4) Dassault Model Falcon 2000 and Falcon brackets installed in the LH (left-hand)/RH
■ Accordingly, under the authority 2000EX airplanes on which Dassault (right-hand) wing root compartment and in
delegated to me by the Administrator, Modification M2465 has not been the LH and RH main landing gear
the FAA amends 14 CFR part 39 as implemented. compartment and inspect the rod for damage,
follows: Subject in accordance with the applicable Dassault
service bulletin given in Table 1 of this AD.
PART 39—AIRWORTHINESS (d) Air Transport Association (ATA) of (2) If a rod is found damaged, replace this
DIRECTIVES America Code 27: Flight controls. rod prior to next flight in accordance with
Reason the applicable Dassault service bulletin given
■ 1. The authority citation for part 39 in Table 1 of this AD. If the rod orientation
continues to read as follows: (e) The mandatory continuing or bracket positioning is not correct, correct
airworthiness information (MCAI) states: the orientation or positioning, as applicable,
Authority: 49 U.S.C. 106(g), 40113, 44701.
A rotating rod in the trailing edge flap prior to next flight in accordance with the
§ 39.13 [Amended] control linkage broke in flight. Investigations applicable Dassault service bulletin given in
revealed that the rotating rod had been Table 1 of this AD.
■ 2. The FAA amends § 39.13 by adding installed in the wrong side during a (3) Label the rods and associated retaining
the following new AD: maintenance operation. This incorrect brackets in accordance with the applicable
2007–25–10 Dassault Aviation: installation caused a contact between the Dassault service bulletin given in Table 1 of
Amendment 39–15292. rotating rod and its retaining bracket leading, this AD.

TABLE 1.—DASSAULT SERVICE BULLETINS


Airplane model Service Bulletin Date

Mystere-Falcon 50 ................................................................ F50–468 .............................................................................. March 29, 2006.


Mystere-Falcon 900 .............................................................. F900–367 ............................................................................ March 29, 2006.
Falcon 900EX ....................................................................... F900EX–269 ....................................................................... March 29, 2006.
Falcon 2000 .......................................................................... F2000–326 .......................................................................... March 29, 2006.
Falcon 2000EX ..................................................................... F2000EX–83 ....................................................................... March 29, 2006.

FAA AD Differences FAA, 1601 Lind Avenue, SW., Renton, (3) Reporting Requirements: For any
Washington 98057–3356; telephone (425) reporting requirement in this AD, under the
Note: This AD differs from the MCAI and/ provisions of the Paperwork Reduction Act,
227–1137; fax (425) 227–1149. Before using
or service information as follows: No the Office of Management and Budget (OMB)
differences. any approved AMOC on any airplane to
which the AMOC applies, notify your has approved the information collection
Other FAA AD Provisions appropriate principal inspector (PI) in the requirements and has assigned OMB Control
FAA Flight Standards District Office (FSDO), Number 2120–0056.
(g) The following provisions also apply to
this AD: or lacking a PI, your local FSDO. Related Information
(1) Alternative Methods of Compliance (2) Airworthy Product: For any
(h) Refer to MCAI European Aviation
(AMOCs): The Manager, International requirement in this AD to obtain corrective Safety Agency Airworthiness Directive 2006–
Branch, ANM–116, Transport Airplane actions from a manufacturer or other source, 0115, dated May 10, 2006; and the Dassault
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Directorate, FAA, has the authority to use these actions if they are FAA-approved. service bulletins listed in Table 1 of this AD,
approve AMOCs for this AD, if requested Corrective actions are considered FAA- for related information.
using the procedures found in 14 CFR 39.19. approved if they are approved by the State
Send information to ATTN: Tom Rodriguez, of Design Authority (or their delegated Material Incorporated by Reference
Aerospace Engineer, International Branch, agent). You are required to assure the product (i) You must use the service information
ANM–116, Transport Airplane Directorate, is airworthy before it is returned to service. specified in Table 2 of this AD to do the

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69610 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations

actions required by this AD, unless the AD of a passenger door, related to excessive Request To Include Revised Service
specifies otherwise. residual pressurization in the cabin on Information
(1) The Director of the Federal Register ground.
approved the incorporation by reference of Airbus asks that Airbus Service
* * * * *
this service information under 5 U.S.C. This unsafe condition could result in Bulletin A300–21–6049, Revision 02,
552(a) and 1 CFR part 51.
injury to crew members opening the dated April 16, 2007, be incorporated
(2) For service information identified in into the NPRM. (We referred to Revision
this AD, contact Dassault Falcon Jet, P.O. Box passenger door. We are issuing this AD
to require actions to correct the unsafe 01, dated September 15, 2006, as the
2000, South Hackensack, New Jersey 07606. appropriate source of service
(3) You may review copies at the FAA, condition on these products.
Transport Airplane Directorate, 1601 Lind information for accomplishing certain
DATES: This AD becomes effective
Avenue, SW., Renton, Washington; or at the actions specified in the NPRM.)
January 14, 2008.
National Archives and Records The Director of the Federal Register We agree with Airbus and have
Administration (NARA). For information on approved the incorporation by reference changed paragraph (f)(1) of this AD to
the availability of this material at NARA, call
of certain publications listed in this AD refer to Revision 02 of Service Bulletin
(202) 741–6030, or go to: http:// A300–21–6049 for accomplishing
www.archives.gov/federal-register/cfr/ibr- as of January 14, 2008.
certain actions, as no additional work is
locations.html. ADDRESSES: You may examine the AD
required by this revision. We have also
docket on the Internet at http://
changed paragraph (f)(2) of this AD to
TABLE 2.—MATERIAL INCORPORATED www.regulations.gov; or in person at the
give credit to operators who have
BY REFERENCE U.S. Department of Transportation,
accomplished the actions in accordance
Docket Operations, M–30, West
with Airbus Service Bulletin A300–21–
Dassault Service Bulletin Date Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., 6049, Revision 01, dated September 15,
F50–468 ............................. March 29, 2006. Washington, DC. 2006.
F900–367 ........................... March 29, 2006. FOR FURTHER INFORMATION CONTACT: Tom Request To Withdraw the NPRM
F900EX–269 ...................... March 29, 2006.
Stafford, Aerospace Engineer, The Air Transport Association (ATA),
F2000–326 ......................... March 29, 2006.
F2000EX–83 ...................... March 29, 2006. International Branch, ANM–116, FAA, on behalf of its member American
Transport Airplane Directorate, 1601 Airlines, asks that the NPRM be
Lind Avenue, SW., Renton, Washington withdrawn. American Airlines states
Issued in Renton, Washington, on 98057–3356; telephone (425) 227–1622;
November 23, 2007. that the NPRM is unnecessary in light
fax (425) 227–1149. of the associated mitigating actions and
Ali Bahrami,
SUPPLEMENTARY INFORMATION: crew training. The commenters also cite
Manager, Transport Airplane Directorate,
Aircraft Certification Service. Discussion actions in previous service bulletins and
[FR Doc. E7–23638 Filed 12–7–07; 8:45 am] rulemaking that already address the
We issued a notice of proposed
requirements in the NPRM.
BILLING CODE 4910–13–P rulemaking (NPRM) to amend 14 CFR
We acknowledge that previous service
part 39 to include an AD that would
bulletins and rulemaking have been
apply to the specified products. That
DEPARTMENT OF TRANSPORTATION issued to address certain aspects of the
NPRM was published in the Federal
subject unsafe condition. However, we
Register on April 24, 2007 (72 FR
Federal Aviation Administration do not agree with the requests to
20289). That NPRM proposed to correct
withdraw the NPRM. The modification
an unsafe condition for the specified
14 CFR Part 39 required by this AD alleviates some of
products. The MCAI states:
the demands on the crews’ time and
[Docket No. FAA–2007–27982; Directorate The modification rendered mandatory by
Identifier 2007–NM–009–AD; Amendment attention during an emergency situation.
this Airworthiness Directive (AD) falls within It was determined that this modification
39–15288; AD 2007–25–06] the scope of a set of corrective measures
undertaken by AIRBUS subsequent to
addresses the unsafe condition because
RIN 2120–AA64 previous actions implemented changes
accidents which occurred to in-service
aircraft caused by the violent opening of a that still required the attention and
Airworthiness Directives; Airbus Model
passenger door, related to excessive residual action of the crew. During an emergency
A300 Series Airplanes, Model A300–
pressurization in the cabin on ground. situation and if the cabin pressure
600 Series Airplanes, and Model A310 In order to prevent the flight crews control system is in manual mode, the
Series Airplanes operating in manual mode when discrete crew could be distracted enough that
spoilers signals are true and ensures OFV the necessary steps to prevent opening
AGENCY: Federal Aviation
(outflow valve) or depress valve are driven
Administration (FAA), Department of open after landing, this modification consists of a door with the fuselage still under
Transportation (DOT). of introducing an automatic opening logic some level of pressurization may be
ACTION: Final rule. either for the forward and aft OFV or for the inadvertently missed. This would be
single depress valve, when the aircraft is on avoided with the ‘‘OFV Automatic
SUMMARY: We are adopting a new ground, immediately after landing. Opening Logic’’ installed. The purpose
airworthiness directive (AD) for the The MCAI requires the modification of the OFV opening logic is to offset a
products listed above. This AD results described previously. This unsafe crew missing the required action (OFV
from mandatory continuing condition could result in injury to crew full opening before landing is required
airworthiness information (MCAI) members opening the passenger door. by the procedure). Following an
originated by an aviation authority of You may obtain further information by evaluation of the OFV opening logic, we
another country to identify and correct examining the MCAI in the AD docket. have determined that the modification
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an unsafe condition on an aviation must be mandated. This modification,


product. The MCAI describes the unsafe Comments in combination with previous
condition as: We gave the public the opportunity to accomplishment of related
* * * accidents which occurred to in- participate in developing this AD. We modifications, will ensure that the
service aircraft caused by the violent opening considered the comments received. unresolved safety issue is addressed. We

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