```

[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Proposed Rules]
[Pages 19027-19029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9501]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0380; Directorate Identifier 2008-NM-153-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Model Falcon 2000EX Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    An internal review of design data has shown that the web of the 
left hand side (LH) stringer 13 near frame 8 might have been 
improperly trimmed on a few aircraft.
    If not corrected, possible crack initiations could occur in the 
upper stringer web, and therefore could impair the structural 
strength of the adjacent door stop. This latent failure could 
ultimately lead to the loss of redundancy of the door stops, thereby 
affecting the structural integrity of the fuselage.
* * * * *
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 27, 2009.

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 W12-40, 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 or 425-227-1152.

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-2009-0380; 
Directorate Identifier 2008-NM-153-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 2008-0143, dated July 31, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    An internal review of design data has shown that the web of the 
left hand side (LH) stringer 13 near frame 8 might have been 
improperly trimmed on a few aircraft.
    If not corrected, possible crack initiations could occur in the 
upper stringer web, and therefore could impair the structural 
strength of the adjacent door stop. This latent failure could 
ultimately lead to the loss of redundancy of the door stops, thereby 
affecting the structural integrity of the fuselage.
    Computational analysis has revealed a substantial reduced 
fatigue life for the stringer abutting onto the improperly trimmed 
web and has determined the need for an inspection and repair action 
no later than the first ``C'' check.
    To address this unsafe condition, the present Airworthiness 
Directive (AD) mandates an inspection and a conditional rework or 
replacement of the web of the LH stringer 13 between frames 7 and 8.

Required actions include measuring the trimmed length of the web, 
inspecting for any sharp and unprotected edges of the web, and doing 
corrective actions if necessary. Corrective actions include reworking 
the web, applying protection to the web, and replacing the web, if 
improperly trimmed. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Dassault has issued Mandatory Service Bulletin F2000EX-178, dated 
July 1, 2008. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

[[Page 19028]]

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

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 12 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $960, or $80 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 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 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-2009-0380; Directorate Identifier 
2008-NM-153-AD.

Comments Due Date

    (a) We must receive comments by May 27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Falcon 2000EX airplanes, 
certificated in any category, serial numbers 102 through 124 
inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    An internal review of design data has shown that the web of the 
left hand side (LH) stringer 13 near frame 8 might have been 
improperly trimmed on a few aircraft.
    If not corrected, possible crack initiations could occur in the 
upper stringer web, and therefore could impair the structural 
strength of the adjacent door stop. This latent failure could 
ultimately lead to the loss of redundancy of the door stops, thereby 
affecting the structural integrity of the fuselage.
    Computational analysis has revealed a substantial reduced 
fatigue life for the stringer abutting onto the improperly trimmed 
web and has determined the need for an inspection and repair action 
no later than the first ``C'' check.
    To address this unsafe condition, the present Airworthiness 
Directive (AD) mandates an inspection and a conditional rework or 
replacement of the web of the LH stringer 13 between frames 7 and 8.

Required actions include measuring the trimmed length of the web, 
inspecting for any sharp and unprotected edges of the web, and doing 
corrective actions if necessary. Corrective actions include 
reworking the web, applying protection to the web, and replacing the 
web, if improperly trimmed.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the later of the times in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD:
    Perform a detailed visual inspection to detect any sharp and 
unprotected edges of the web of the LH stringer 13 between frames 7 
and 8, and measure the trimmed length of the web, in accordance with 
the Accomplishment Instructions of Dassault Mandatory Service 
Bulletin F2000EX-178, dated July 1, 2008.
    (i) Before the accumulation of 3,750 total flight cycles, or 
within 74 months since the date of issuance of the original French 
airworthiness certificate or the date of issuance of the original 
French export certificate of airworthiness, whichever occurs first.
    (ii) Within 6 months after the effective date of this AD.
    (2) If, during the inspection and measurement required by 
paragraph (f)(1) of this AD, any sharp or unprotected edge is found, 
or if the trimmed length is 1.57 inches (40 mm) or greater, before 
further flight, do all applicable corrective actions, in accordance 
with the Accomplishment Instructions of Dassault Mandatory Service 
Bulletin F2000EX-178, dated July 1, 2008.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

[[Page 19029]]

Other FAA AD Provisions

    (g) 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. Send information to ATTN: 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. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal maintenance inspector 
(PMI) or principal avionics inspector (PAI), as appropriate, or 
lacking a principal inspector, your local Flight Standards 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2008-0143, dated July 31, 2008; and Dassault 
Mandatory Service Bulletin F2000EX-178, dated July 1, 2008; for 
related information.

    Issued in Renton, Washington, on April 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-9501 Filed 4-24-09; 8:45 am]
BILLING CODE 4910-13-P
```