This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

47592 

Vol. 79, No. 157 

Thursday, August 14, 2014 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0566; Directorate 

Identifier 2014–NM–041–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Dassault Aviation Model FALCON 2000 

and FALCON 2000EX airplanes. This 

proposed AD was prompted by a design 

review, which revealed that the forward 

servicing compartment (FSC) is 

configured with tie-down points. This 

proposed AD would require inspecting 

the FSC for installed tie-down points, 

and removing those tie-down points. We 

are proposing this AD to detect and 

correct installed tie-down points, which 

could lead to inadvertent use of the FSC 

as a cargo compartment, which could 

result in damage to the structure of the 

airplane or potential risk of fire. 

DATES: We must receive comments on 

this proposed AD by September 29, 

2014. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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, 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0566; 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 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, WA 

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–2014–0566; Directorate Identifier 

2014–NM–041–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 2014–0027R1, 

dated February 5, 2014 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for certain Dassault Aviation Model 

FALCON 2000 and FALCON 2000EX 

airplanes. The MCAI states: 

The Forward Servicing Compartment (FSC) 

of the Falcon 2000 is an unpressurized 

service compartment located between 

fuselage frames 26 and 33. This compartment 

is accessible from a lockable external door 

located in the lower aft fuselage. 

A design review has brought to light that 

the compartment is configured with tie-down 

points, which were used by operators to fix 

loads (e.g. ski or golf bags) in that 

compartment. However, the FSC has not been 

designed and consequently demonstrated as 

being compliant with cargo compartment 

airworthiness requirements. 

This condition, if not corrected, could lead 

to inadvertent use of the FSC as [a] cargo 

compartment, which could result in damage 

to the structure of the aeroplane or potential 

risk of fire. 

To address this potential unsafe condition, 

Dassault Aviation issued Service Bulletin 

(SB) F2000–407 and SB F2000EX–289, as 

applicable, which provide instructions for 

removal of the tie-down points. 

For the reasons described above, this 

[EASA] AD requires removal of the tie-down 

points from the FSC. 

Note: Operators are also reminded about 

the intended function of the FSC. 

This [EASA] AD is revised to clarify the 

AD Applicability and to correct the [type 

certificate data sheet] TCDS Number. 

Required actions include inspecting 

for installed tie-down points. You may 

examine the MCAI in the AD docket on 

the Internet at http:// 

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0566. 

Relevant Service Information 

Dassault Aviation has issued Dassault 

Service Bulletin F2000–407, Revision 1, 

dated January 29, 2014; and Dassault 

Service Bulletin F2000EX–289, Revision 

1, dated January 29, 2014. The actions 

described in this service information are 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Proposed Rules 47593 

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 these same 

type designs. 

‘‘Contacting the Manufacturer’’ 

Paragraph in This Proposed 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. 

The MCAI or referenced service 

information in an FAA AD often directs 

the owner/operator to contact the 

manufacturer for corrective actions, 

such as a repair. Briefly, the Airworthy 

Product paragraph allowed owners/ 

operators to use corrective actions 

provided by the manufacturer if those 

actions were FAA-approved. In 

addition, the paragraph stated that any 

actions approved by the State of Design 

Authority (or its delegated agent) are 

considered to be FAA-approved. 

In an NPRM having Directorate 

Identifier 2012–NM–101–AD (78 FR 

78285, December 26, 2013), we 

proposed to prevent the use of repairs 

that were not specifically developed to 

correct the unsafe condition, by 

requiring that the repair approval 

provided by the State of Design 

Authority or its delegated agent 

specifically refer to the FAA AD. This 

change was intended to clarify the 

method of compliance and to provide 

operators with better visibility of repairs 

that are specifically developed and 

approved to correct the unsafe 

condition. In addition, we proposed to 

change the phrase ‘‘its delegated agent’’ 

to include a design approval holder 

(DAH) with State of Design Authority 

design organization approval (DOA), as 

applicable, to refer to a DAH authorized 

to approve required repairs for the 

proposed AD. 

One commenter to the NPRM having 

Directorate Identifier 2012–NM–101–AD 

(78 FR 78285, December 26, 2013) stated 

the following: ‘‘The proposed wording, 

being specific to repairs, eliminates the 

interpretation that Airbus messages are 

acceptable for approving minor 

deviations (corrective actions) needed 

during accomplishment of an AD 

mandated Airbus service bulletin.’’ 

This comment has made the FAA 

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 

proposed AD to obtain corrective 

actions from a manufacturer, the actions 

must be accomplished using a method 

approved by the FAA, the 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 FAAapproved. Messages and other 

information provided by the 

manufacturer that do not contain the 

DOA-authorized signature approval are 

not EASA-approved, unless EASA 

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. 

Costs of Compliance 

We estimate that this proposed AD 

affects 247 airplanes of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $5 per product. 

Based on these figures, we estimate the 

cost of this proposed AD on U.S. 

operators to be $43,225, or $175 per 

product. 

According to the manufacturer, some 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

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; 


rmajette on DSK2TPTVN1PROD with PROPOSALS
47594 Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Proposed Rules 

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. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Dassault Aviation: Docket No. FAA–2014– 

0566; Directorate Identifier 2014–NM– 

041–AD. 

(a) Comments Due Date 

We must receive comments by September 

29, 2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the Dassault Aviation 

airplanes identified in paragraphs (c)(1) and 

(c)(2) of this AD, certificated in any category. 

(1) Dassault Aviation Model FALCON 2000 

airplanes, having serial numbers (S/Ns) 1 

through 231 inclusive. 

(2) Dassault Aviation Model FALCON 

2000EX airplanes, having S/Ns 1 through 262 

inclusive, and S/Ns 601 through 604 

inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 25, Equipment/Furnishings. 

(e) Reason 

This AD was prompted by a design review, 

which revealed that the forward servicing 

compartment (FSC) is configured with tiedown points. We are issuing this AD to 

detect and correct installed tie-down points, 

which could lead to inadvertent use of the 

FSC as a cargo compartment, which could 

result in damage to the structure of the 

airplane or potential risk of fire. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection and Removal 

(1) Within 440 flight hours or 9 months 

after the effective date of this AD, whichever 

occurs first, inspect the FSC for installed tiedown points, in accordance with the 

Accomplishment Instructions of Dassault 

Service Bulletin F2000–407, Revision 1, 

dated January 29, 2014; or Dassault Service 

Bulletin F2000EX–289, Revision 1, dated 

January 29, 2014; as applicable. 

(2) If it is determined from the inspection 

required by paragraph (g)(1) of this AD that 

tie-down points are installed, within the 

compliance time specified in paragraph (g)(1) 

of this AD, remove the tie-down points from 

the FSC, in accordance with the 

Accomplishment Instructions of Dassault 

Service Bulletin F2000–407, Revision 1, 

dated January 29, 2014; or Dassault Service 

Bulletin F2000EX–289, Revision 1, dated 

January 29, 2014; as applicable. 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraphs (g)(1) and (g)(2) of 

this AD, if those actions were performed 

before the effective date of this AD using 

Dassault Service Bulletin F2000–407, dated 

December 17, 2013; or Dassault Service 

Bulletin F2000EX–289, dated December 17, 

2013; which are not incorporated by 

reference in this AD. 

(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, 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: 

9-ANM-116-AMOC-REQUESTS@faa.gov. 

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. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency Airworthiness 

Directive 2014–0027R1, dated February 5, 

2014, for related information. This MCAI 

may be found in the AD docket on the 

Internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2014–0566. 

(2) 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 

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. 

Issued in Renton, Washington, on August 

4, 2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–19249 Filed 8–13–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0567; Directorate 

Identifier 2014–NM–124–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model CL–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes. This proposed AD was 

prompted by issuance of revised 

certification maintenance requirements 

(CMR) for the horizontal stabilizer trim 

actuator (HSTA). This proposed AD 

would require revising the maintenance 

or inspection program. We are 

proposing this AD to detect and correct 

premature wear and cracking of the 

HSTAs, which could result in reduced 

structural integrity and reduced control 

of the airplane due to the failure of 

system components. 

DATES: We must receive comments on 

this proposed AD by September 29, 

2014. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 


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