Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52187-52190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19020]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0794; Directorate Identifier 2012-NM-157-AD; 
Amendment 39-17936; AD 2014-16-12]
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 FALCON 2000EX airplanes. This AD was prompted 
by a revision to the airplane airworthiness limitations to introduce a 
corrosion prevention control program, among other changes, to the 
maintenance requirements and airworthiness limitations. This AD 
requires revising the maintenance or inspection program to include the 
maintenance tasks and airworthiness limitations specified in the 
airworthiness limitations section of the airplane maintenance manual. 
We are issuing this AD to prevent reduced structural integrity of the 
airplane.

DATES: This AD becomes effective October 8, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 8, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0794; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Dassault 
Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-
440-6700; Internet http://www.dassaultfalcon.com. You may view this 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 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 by adding an AD that would apply to all Dassault Aviation Model 
FALCON 2000EX airplanes. The NPRM published in the Federal Register on 
September 25, 2013 (78 FR 58973).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0157, dated August 23, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    The airworthiness limitations and maintenance requirements for 
the Falcon 2000EX type design are included in Dassault Aviation 
Falcon 2000EX (F2000EX) Aircraft Maintenance Manual (AMM) chapter 5-
40 and are approved by the European Aviation Safety Agency (EASA). 
EASA issued AD 2008-0221 [http://ad.easa.europa.eu/ad/2008-0221.pdf] 
to require accomplishment of the maintenance tasks, and 
implementation of the airworthiness limitations, as specified in 
Dassault Aviation F2000EX AMM chapter 5-40 at revision 3.
    Since that [EASA] AD was issued, Dassault Aviation issued 
F2000EX AMM chapter 5-40 at revision 7, which introduces new or more 
restrictive maintenance requirements and/or airworthiness 
limitations.
    Dassault Aviation AMM chapter 5-40 revision 7 contains among 
other changes the following requirements:

--Inspection and test of horizontal stabilizer jackscrew;
--Test of various components of the electrical power system;
--Revised Time Between Overhaul for screwjack of flap actuators -3 
version;
--Revised interval for checking the screw/nut play on screwjack of 
flap actuators -3 version;

[[Page 52188]]

--Removal of service life limit for screwjack of flap actuators;
--Test of flap asymmetry protection system. F2000EX AMM chapter 5-40 
at revision 7 introduces extended inspection interval;
--Tests of the auto brake system;
-- Inspection procedures of fuselage and wings;
-- Check of overpressure tightness on pressurization control 
regulating valves. Compliance with this check is required by EASA AD 
2008-0072 [http://ad.easa.europa.eu/ad/2008-0072.pdf]. F2000EX AMM 
chapter 5-40 at revision 7 introduces extended inspection interval.

    The maintenance tasks and airworthiness limitations, as 
specified in the F2000EX AMM chapter 5-40, have been identified as 
mandatory actions for continued airworthiness of the F2000EX type 
design. Failure to comply with AMM chapter 5-40 at revision 7 might 
constitute an unsafe condition.
    For the reasons described above, this [EASA] AD requires the 
implementation of the maintenance tasks and airworthiness 
limitations, as specified in Dassault Aviation F2000EX AMM chapter 
5-40 at revision 7.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0794-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 58973, September 25, 2013) and the FAA's response to each 
comment.

Request To Withdraw the NPRM (78 FR 58973, September 25, 2013)

    An anonymous commenter stated that Dassault Aviation has taken 
appropriate steps to ensure that operators have sufficient knowledge 
and awareness of the corrosion prevention control program and that the 
maintenance manual includes the requirements of the proposed AD (78 FR 
58973, September 25, 2013). The commenter declared that all operators 
are likely including the actions in the proposed AD into their 
maintenance programs, even though the actions are not mandated by an 
AD. The commenter also stated that `` . . . any structural inspection 
of moderate detail already highlights specific critical areas (like the 
stabilizer actuator) so yet another avenue to enforce inspections of 
this nature is ludicrous.'' We infer that the commenter is requesting 
that the NPRM be withdrawn.
    We do not agree to withdraw the NPRM (78 FR 58973, September 25, 
2013). Although an airplane manufacturer's maintenance manual includes 
corrosion control inspections, with appropriate approval, operators are 
allowed to deviate from those procedures for their maintenance 
programs. This AD addresses the unsafe condition related to 
uncontrolled corrosion by requiring operators to include the 
manufacturer's maintenance procedures in the operators' maintenance 
program. No change has been made to this AD regarding this issue.

Request To Revise the NPRM (78 FR 58973, September 25, 2013) Based on 
New Service Information

    Dassault requested the NPRM (78 FR 58973, September 25, 2013) be 
revised to refer to Chapter 5-40, Airworthiness Limitations, DGT 
113877, Revision 9, dated February 2013, of the Dassault Falcon 2000EX 
Maintenance Manual.
    We agree with the commenter's request and have updated paragraph 
(g) of this AD accordingly. We have also included a new paragraph (j) 
in this AD to give credit for the actions required by paragraph (g) of 
this AD, if those actions were done before the effective date of this 
AD using Chapter 5-40, Airworthiness Limitations, DGT 113877, Revision 
8, dated July 2012, of the Dassault Falcon 2000EX Maintenance Manual. 
We have redesignated subsequent paragraphs accordingly.

Request To Remove the Terminating Action

    Dassault commented that paragraph (h) of the proposed AD (78 FR 
58973, September 25, 2013) was ``not suited.'' Paragraph (h) of the 
proposed AD stated that ``Accomplishing paragraph (g) of this AD 
terminates the requirements of paragraph (g) of AD 2010-26-05, 
Amendment 39-16544 (75 FR 79952, December 21, 2010), for Dassault 
Aviation Model FALCON 2000EX Airplanes.'' Paragraph (g) of the proposed 
AD proposed to require revising the maintenance or inspection program 
by incorporating the information specified in Chapter 5-40, 
Airworthiness Limitations, DGT 113877, Revision 8, dated July 2012, of 
the Dassault Falcon 2000EX Maintenance Manual. The commenter stated 
that the repetitive inspection interval of 1,640 flight hours was the 
same in the service information referenced in the NPRM and in FAA AD 
2010-26-05. We infer that the commenter is requesting that paragraph 
(h) of the proposed AD be removed because it is unnecessary.
    We do not agree that paragraph (h) of the proposed AD (78 FR 58973, 
September 25, 2013) should be omitted from this AD. We are providing 
relief for operators of Dassault Aviation Model FALCON 2000EX airplanes 
by allowing them to terminate the actions required by paragraph (g) of 
AD 2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010), and 
instead doing the actions required by paragraph (g) of this AD. If we 
did not include paragraph (h) in this AD, operators of Dassault 
Aviation Model FALCON 2000EX airplanes would have to show compliance 
with both paragraph (g) of AD 2010-26-05 and paragraph (g) of this AD. 
Paragraph (h) of this AD removes that redundancy. No change has been 
made to this AD in this regard.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    We have become aware that some operators have misunderstood or 
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of 
deviations during the accomplishment of an AD-mandated action. The 
Airworthy Product paragraph does not approve messages or other 
information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a 
manufacturer, the action must be accomplished using a method approved 
by the FAA, EASA, or Dassault Aviation's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA

[[Page 52189]]

directly approves the manufacturer's message or other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH throughout this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 58973, September 25, 2013) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 58973, September 25, 2013).

Costs of Compliance

    We estimate that this AD affects 18 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
             Action                      Labor cost             Parts cost          product         operators
----------------------------------------------------------------------------------------------------------------
Maintenance/inspection program    1 work-hour x $85 per    N/A................             $85           $1,530
 revision.                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0794; or in person at the 
Docket Management Facility 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.

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:

2014-16-12 Dassault Aviation: Amendment 39-17936. Docket No. FAA-
2013-0794; Directorate Identifier 2012-NM-157-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 8, 
2014.

(b) Affected ADs

    Certain requirements of this AD terminate the requirements of AD 
2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010), for 
the airplanes identified in paragraph (c) of this AD.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 2000EX 
airplanes, certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a revision to the airplane airworthiness 
limitations to introduce the corrosion prevention control program, 
among other changes, to the maintenance requirements and 
airworthiness limitations. We are issuing this AD to prevent reduced 
structural integrity of the airplane.

[[Page 52190]]

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of Maintenance or Inspection Program

    Within 30 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Chapter 5-40, Airworthiness Limitations, 
DGT 113877, Revision 9, dated February 2013, of the Dassault Falcon 
2000EX Maintenance Manual. The initial compliance time for 
accomplishing the actions specified in Chapter 5-40, Airworthiness 
Limitations, DGT 113877, Revision 9, dated February 2013, of the 
Dassault Falcon 2000EX Maintenance Manual, is within the times 
specified in that maintenance manual, or 30 days after the effective 
date of this AD, whichever occurs later, except as provided by 
paragraphs (g)(1) through (g)(4) of this AD.
    (1) The term ``landings'' in the ``First Inspection'' column of 
any table in the service information means total airplane landings.
    (2) The term ``flight hours'' in the ``First Inspection'' column 
of any table in the service information means total flight hours.
    (3) The term ``flight cycles'' in the ``First Inspection'' 
column of any table in the service information means total flight 
cycles.
    (4) For task number 52-20-00-610-801-01 52-205 the initial 
compliance time is within 24 months after the effective date of this 
AD.

(h) Terminating Action for the Affected AD

    Accomplishing the actions specified in paragraph (g) of this AD 
terminates the requirements of paragraph (g) of AD 2010-26-05, 
Amendment 39-16544 (75 FR 79952, December 21, 2010), for Dassault 
Aviation Model FALCON 2000EX airplanes.

(i) No Alternative Actions and Intervals

    After accomplishment of the revision required by paragraph (g) 
of this AD, no alternative actions (e.g., inspections) or intervals 
may be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (k) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Chapter 5-40, Airworthiness 
Limitations, DGT 113877, Revision 8, dated July 2012, of the 
Dassault Falcon 2000EX Maintenance Manual.

(k) 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, 
WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information 
may be emailed to: [email protected]. 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Dassault Aviation's EASA 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency Airworthiness Directive 2012-0157, 
dated August 23, 2012, for related information. This MCAI may be 
found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0794-0002.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Chapter 5-40, Airworthiness Limitations, DGT 113877, 
Revision 9, dated February 2013, of the Dassault Falcon 2000EX 
Maintenance Manual.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; 
telephone 201-440-6700; Internet http://www.dassaultfalcon.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 1, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19020 Filed 9-2-14; 8:45 am]
BILLING CODE 4910-13-P

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