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[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Proposed Rules]
[Pages 61539-61542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24808]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / 
Proposed Rules

[[Page 61539]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1067; Directorate Identifier 2011-NM-231-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 2000, FALCON 2000EX, MYSTERE-
FALCON 900 and FALCON 900EX airplanes; and all Model MYSTERE-FALCON 50 
airplanes. This proposed AD was prompted by reports that collapse of 
the main landing gear (MLG) could cause wing tank structure failure, 
which could result in fuel spillage and consequent fire hazard. This 
proposed AD would require modification of the wing fuel tanks in the 
area of the wheel well. We are proposing this AD to prevent fuel 
spillage in the event of a MLG collapse, and consequent fire hazard.

DATES: We must receive comments on this proposed AD by November 26, 
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, 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; 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, 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-2012-1067; 
Directorate Identifier 2011-NM-231-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 2011-0193, dated October 5, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    In service experience has shown that, in case of main landing 
gear collapse due to overloads during take off or landing (e.g., 
during high-speed runway excursions), the wing tank structure can 
fail, leading to fuel spillage. * * *
    This condition, if not corrected, could result, in case of main 
landing gear collapse, in a fuel spillage which may constitute a 
fire hazard.
    To address this unsafe condition, Dassault Aviation have 
developed a structural modification of the wing fuel tanks in the 
area of the wheel well which introduces a dry bay by adding a sealed 
boundary in front of the rear spar between ribs 4 and 5.
    For the reasons described above, this [EASA] AD requires 
accomplishment of the above-mentioned modification for the Right 
Hand (RH) and Left Hand (LH) wing fuel tanks.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Dassault Aviation has issued the following service information. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.
     Dassault Mandatory Service Bulletin F50-496, Revision 2, 
dated March 10, 2010 (for Model MYSTERE-FALCON 50 airplanes), which 
includes the following appendices:
     Appendix 1, Revision 2, dated February 15, 2010.
     Appendix 2, Revision 3, dated February 15, 2009.
     Appendix 3, Revision 2, dated October 21, 2009.
     Appendix 4, Revision 1, dated October 20, 2009.
     Appendix 5, Revision 3, dated March 10, 2010.
     Dassault Mandatory Service Bulletin F900EX-329, Revision 
3, dated March 10, 2010 (for Model FALCON 900EX airplanes), which 
includes the following appendices:
     Appendix 1, Revision 2, dated February 15, 2010.

[[Page 61540]]

     Appendix 2, Revision 3, dated February 15, 2009.
     Appendix 3, Revision 2, dated October 21, 2009.
     Appendix 4, Revision 1, dated October 20, 2009.
     Appendix 5, Revision 3, dated March 10, 2010.
     Dassault Mandatory Service Bulletin F900-388, Revision 2, 
dated March 10, 2010 (for Model MYSTERE-FALCON 900 airplanes), which 
includes the following appendices:
     Appendix 1, Revision 2, dated February 15, 2010.
     Appendix 2, Revision 3, dated February 15, 2009.
     Appendix 3, Revision 2, dated October 21, 2009.
     Appendix 4, Revision 1, dated October 20, 2009.
     Appendix 5, Revision 3, dated March 10, 2010.
     Dassault Mandatory Service Bulletin F2000-358, Revision 3, 
dated March 10, 2010 (for Model FALCON 2000 airplanes), which includes 
the following appendices:
     Appendix 1, Revision 2, dated February 15, 2010.
     Appendix 2, Revision 3, dated February 15, 2009.
     Appendix 3, Revision 2, dated October 21, 2009.
     Appendix 4, Revision 1, dated October 20, 2009.
     Appendix 5, Revision 3, dated March 10, 2010.
     Dassault Mandatory Service Bulletin F2000EX-171, Revision 
3, dated March 10, 2010 (for Model FALCON 2000EX airplanes), which 
includes the following appendices:
     Appendix 1, Revision 2, dated February 15, 2010.
     Appendix 2, Revision 3, dated February 15, 2009.
     Appendix 3, Revision 2, dated October 21, 2009.
     Appendix 4, Revision 1, dated October 20, 2009.
     Appendix 5, Revision 3, dated March 10, 2010.

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 753 products of U.S. registry. We also estimate that 
it would take about 640 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 $18,500 per product. Where 
the service 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 the proposed AD on U.S. operators to 
be $54,893,700, or $72,900 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 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 that 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);
    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:

Dassault Aviation: Docket No. FAA-2012-1067; Directorate Identifier 
2011-NM-231-AD.

(a) Comments Due Date

    We must receive comments by November 26, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1), 
(c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Dassault Aviation Model FALCON 2000 and FALCON 2000EX 
airplanes, all serial numbers, except those on which modification 
M3072 has been installed.
    (2) DASSAULT AVIATION Model MYSTERE-FALCON 50 airplanes, all 
serial numbers.
    (3) DASSAULT AVIATION Model MYSTERE-FALCON 900 and FALCON 900EX 
airplanes, all serial numbers, except those on which modification 
M5413 has been installed.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports that collapse of the main 
landing gear (MLG) could cause wing tank structure failure, which 
could result in fuel spillage and a consequent fire hazard. We are 
issuing this AD to prevent fuel spillage in the event of a MLG 
collapse, and consequent 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.

[[Page 61541]]

(g) Modification

    Within 150 months after the effective date of this AD, do the 
modification of the right-hand and left-hand wing fuel tanks, in 
accordance with the Accomplishment Instructions of the applicable 
service information specified in paragraph (g)(1), (g)(2), (g)(3), 
(g)(4), or (g)(5) of this AD, as applicable. The service information 
specified in paragraphs (g)(1) through (g)(5) of this AD contain a 
paragraph which states that each person applying the service 
bulletins must have successfully completed a training program. This 
training is recommended but is not required by this AD.
    (1) For Model MYSTERE-FALCON 50 airplanes: Dassault Mandatory 
Service Bulletin F50-496, Revision 2, dated March 10, 2010, which 
includes the following appendices.
    (i) Appendix 1, Revision 2, dated February 15, 2010.
    (ii) Appendix 2, Revision 3, dated February 15, 2009.
    (iii) Appendix 3, Revision 2, dated October 21, 2009.
    (iv) Appendix 4, Revision 1, dated October 20, 2009.
    (v) Appendix 5, Revision 3, dated March 10, 2010.
    (2) For Model FALCON 900EX airplanes: Dassault Mandatory Service 
Bulletin F900EX-329, Revision 3, dated March 10, 2010, which 
includes the following appendices.
    (i) Appendix 1, Revision 2, dated February 15, 2010.
    (ii) Appendix 2, Revision 3, dated February 15, 2009.
    (iii) Appendix 3, Revision 2, dated October 21, 2009.
    (iv) Appendix 4, Revision 1, dated October 20, 2009.
    (v) Appendix 5, Revision 3, dated March 10, 2010.
    (3) For Model MYSTERE-FALCON 900 airplanes: Dassault Mandatory 
Service Bulletin F900-388, Revision 2, dated March 10, 2010, which 
includes the following appendices.
    (i) Appendix 1, Revision 2, dated February 15, 2010.
    (ii) Appendix 2, Revision 3, dated February 15, 2009.
    (iii) Appendix 3, Revision 2, dated October 21, 2009.
    (iv) Appendix 4, Revision 1, dated October 20, 2009.
    (v) Appendix 5, Revision 3, dated March 10, 2010.
    (4) For Model FALCON 2000 airplanes: Dassault Mandatory Service 
Bulletin F2000-358, Revision 3, dated March 10, 2010, which includes 
the following appendices.
    (i) Appendix 1, Revision 2, dated February 15, 2010.
    (ii) Appendix 2, Revision 3, dated February 15, 2009.
    (iii) Appendix 3, Revision 2, dated October 21, 2009.
    (iv) Appendix 4, Revision 1, dated October 20, 2009.
    (v) Appendix 5, Revision 3, dated March 10, 2010.
    (5) For Model FALCON 2000EX airplanes: Dassault Mandatory 
Service Bulletin F2000EX-171, Revision 3, dated March 10, 2010, 
which includes the following appendices.
    (i) Appendix 1, Revision 2, dated February 15, 2010.
    (ii) Appendix 2, Revision 3, dated February 15, 2009.
    (iii) Appendix 3, Revision 2, dated October 21, 2009.
    (iv) Appendix 4, Revision 1, dated October 20, 2009.
    (v) Appendix 5, Revision 3, dated March 10, 2010.

(h) Credit for Previous Actions

    This paragraph provides credit for the modifications required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using the service information (which is 
not incorporated by reference in this AD) specified in paragraphs 
(h)(1) through (h)(5) of this AD, as applicable.
    (1) For Model MYSTERE-FALCON 50 airplanes:
    (i) Dassault Mandatory Service Bulletin F50-496, dated October 
22, 2009, which includes the following appendices.
    (A) Appendix 1, Revision 1, dated October 21, 2009.
    (B) Appendix 2, Revision 2, dated October 21, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 2, dated October 22, 2009.
    (ii) Dassault Mandatory Service Bulletin F50-496, Revision 1, 
dated February 15, 2010, which includes the following appendices.
    (A) Appendix 1, Revision 2, dated February 15, 2010.
    (B) Appendix 2, Revision 3, dated February 15, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 3, dated March 10, 2010.
    (2) For Model FALCON 900EX airplanes:
    (iii) Dassault Mandatory Service Bulletin F900EX-329, dated 
September 25, 2009, which includes the following appendices.
    (A) Appendix 1, dated July 6, 2009.
    (B) Appendix 2, dated July 6, 2009.
    (C) Appendix 3, Revision 1, dated September 25, 2009.
    (D) Appendix 4, dated July 6, 2009.
    (E) Appendix 5, Revision 1, dated September 24, 2009.
    (iv) Dassault Mandatory Service Bulletin F900EX-329, Revision 1, 
dated October 22, 2009, which includes the following appendices.
    (A) Appendix 1, Revision 1, dated October 21, 2009.
    (B) Appendix 2, Revision 2, dated October 21, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 2, dated October 22, 2009.
    (v) Dassault Mandatory Service Bulletin F900EX-329, Revision 2, 
dated February 15, 2010, which includes the following appendices.
    (A) Appendix 1, Revision 2, dated February 15, 2010.
    (B) Appendix 2, Revision 3, dated February 15, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 3, dated March 10, 2010.
    (3) For Model MYSTERE-FALCON 900 airplanes:
    (i) Dassault Mandatory Service Bulletin F900-388, dated October 
22, 2009, which includes the following appendices.
    (A) Appendix 1, Revision 1, dated October 21, 2009.
    (B) Appendix 2, Revision 2, dated October 21, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 2, dated October 22, 2009.
    (ii) Dassault Mandatory Service Bulletin F900-388, Revision 1, 
dated February 15, 2010, which includes the following appendices.
    (A) Appendix 1, Revision 2, dated February 15, 2010.
    (B) Appendix 2, Revision 3, dated February 15, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 3, dated March 10, 2010.
    (4) For Model FALCON 2000 airplanes:
    (i) Dassault Mandatory Service Bulletin F2000-358, dated 
September 25, 2009, which includes the following appendices.
    (A) Appendix 1, dated July 6, 2009.
    (B) Appendix 2, dated July 6, 2009.
    (C) Appendix 3, Revision 1, dated September 25, 2009.
    (D) Appendix 4, dated July 6, 2009.
    (E) Appendix 5, Revision 1, dated September 24, 2009.
    (ii) Dassault Mandatory Service Bulletin F2000-358, Revision 1, 
dated October 30, 2009, which includes the following appendices.
    (A) Appendix 1, Revision 1, dated October 21, 2009.
    (B) Appendix 2, Revision 2, dated October 21, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 2, dated October 22, 2009.
    (iii) Dassault Mandatory Service Bulletin F2000-358, Revision 2, 
dated February 15, 2010, which includes the following appendices.
    (A) Appendix 1, Revision 2, dated February 15, 2010.
    (B) Appendix 2, Revision 3, dated February 15, 2009.

[[Page 61542]]

    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 3, dated March 10, 2010.
    (5) For Model FALCON 2000EX airplanes:
    (i) Dassault Mandatory Service Bulletin F2000EX-171, dated July 
6, 2009, which includes the following appendices.
    (A) Appendix 1, dated July 6, 2009.
    (B) Appendix 2, dated July 6, 2009.
    (C) Appendix 3, dated July 6, 2009.
    (D) Appendix 4, dated July 6, 2009.
    (E) Appendix 5, dated July 6, 2009.
    (ii) Dassault Mandatory Service Bulletin F2000EX-171, Revision 
1, dated October 22, 2009, which includes the following appendices.
    (A) Appendix 1, Revision 1, dated October 21, 2009.
    (B) Appendix 2, Revision 2, dated October 21, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 2, dated October 22, 2009.
    (iii) Dassault Mandatory Service Bulletin F2000EX-171, Revision 
2, dated February 15, 2010, which includes the following appendices.
    (A) Appendix 1, Revision 2, dated February 15, 2010.
    (B) Appendix 2, Revision 3, dated February 15, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 3, dated March 10, 2010.

(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) 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 2011-0193, dated October 5, 2011, and the service 
information specified in paragraphs (g)(1) through (g)(5) of this 
AD, for related information.

    Issued in Renton, Washington, on September 26, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-24808 Filed 10-9-12; 8:45 am]
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