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[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Proposed Rules]
[Pages 47592-47594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19249]

========================================================================
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. 79, No. 157 / Thursday, August 14, 2014 / 
Proposed Rules

[[Page 47592]]

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

[[Page 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 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 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;

[[Page 47594]]

    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

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 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 tie-down 
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 
tie-down 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
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