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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0269; Directorate Identifier 2011-NM-105-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Dassault Aviation Model FALCON 7X airplanes. This proposed AD
was prompted by a report that a passenger oxygen pipe at frame 10 was
chafing against the forward lavatory rear structure, raising the risk
of the oxygen pipe developing a crack. This proposed AD would require
modifying the routing of and, if necessary, replacing, the oxygen pipe.
We are proposing this AD to prevent rupture of the oxygen pipe which,
in case of a cabin depressurization, would impair operation of the
passenger oxygen distribution system.
DATES: We must receive comments on this proposed AD by May 4, 2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
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.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606;
telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may
review copies of the referenced 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov;
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 proposed 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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include "Docket No. FAA-2012-0269;
Directorate Identifier 2011-NM-105-AD" at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2011-0070, dated April 18, 2011 (referred to
after this as "the MCAI"), to correct an unsafe condition for the
specified products. The MCAI states:
Inspections of two aeroplanes during cabin completions have
shown that a passenger oxygen line at frame 10 was chafing with the
forward lavatory rear structure.
Design review of the area confirmed a local low clearance value
which raises the risk of the oxygen line developing a crack.
This condition, if not detected and corrected, could lead to
rupture of the oxygen line which, in case of a cabin
depressurization, would impair operation of the passengers' oxygen
distribution system.
To address this unsafe condition, Dassault Aviation have
designed a modification with a new oxygen line routing.
This AD requires an [general visual] inspection of the oxygen
line for interference or damage and, in case of discrepancies
[damage, or clearance less than 3 mm], accomplishment of the
modification [including general visual inspections, and, if
necessary, replacing the oxygen line/pipe] before next flight. It
requires as well accomplishment of the modification of the oxygen
line routing for the aeroplanes in which [clearance of 3 mm or more
but less than 12 mm] were identified.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Dassault Aviation has issued Mandatory Service Bulletin 7X-174,
dated March 10, 2011. 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 Proposed 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 proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
This AD differs from the MCAI and/or service information as
follows: The MCAI specifies that all airplanes must be modified before
further flight if any discrepancy is found, and if no discrepancy, the
modification must be done within 98 months or 4,000 flight cycles. This
AD requires modification before further flight if damage or a certain
clearance is found, and if a certain other clearance is found,
modification within 98 months or 4,000 flight cycles. No modification
is necessary for airplanes having a clearance of 12 mm or more.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 11 products of U.S. registry. We also estimate that
it would take about 11 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $10,285, or $935 per product.
In addition, we estimate that any necessary follow-on actions would
take about 16 work-hours and require parts costing $655, for a cost of
$2,015 per product. We have no way of determining the number of
products that may need these actions.
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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 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 proposed 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
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