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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2009-0380; Directorate Identifier 2008-NM-153-AD; Amendment 39-15959; AD 2009-14-09]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), Department of Transportation (DOT).

# ACTION:

Final rule.

# SUMMARY:

We are adopting a new airworthiness directive (AD) for the products listed above. This 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.

* * * * *

We are issuing this AD to require actions to correct the unsafe condition on these products.

# DATES:

This AD becomes effective August 12, 2009.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of August 12, 2009.

# ADDRESSES:

                        You may examine the AD docket on the Internet at                         *http://www.regulations.gov*                         or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.                    

# 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:

## Discussion

                    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the                     **Federal Register**                     on April 27, 2009 (74 FR 19027). That NPRM proposed 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 and applying protection to the web, or replacing the web, if improperly trimmed. You may obtain further information by examining the MCAI in the AD docket.

## Comments

                    We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or                           ( print page 32418)                        on the determination of the cost to the public.                

## Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed.

## 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 required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD.

## Costs of Compliance

We estimate that this AD will affect 12 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the 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 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 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); 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 AD and placed it in the AD docket.

## 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 the NPRM, 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.                

# 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

1. The authority citation for part 39 continues to read as follows: 

Authority:49 U.S.C. 106(g), 40113, 44701.

§ 39.13

2. The FAA amends § 39.13 by adding the following new AD: 

**2009-14-09 Dassault Aviation:**                             Amendment 39-15959. Docket No. FAA-2009-0380; Directorate Identifier 2008-NM-153-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective August 12, 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 and applying protection to the web, or 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.                                  ( print page 32419)    

## FAA AD Differences

# Note 1:

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

## 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.

## Material Incorporated by Reference

(i) You must use Dassault Mandatory Service Bulletin F2000EX-178, dated July 1, 2008, to do the actions required by this AD, unless the AD specifies otherwise.

(1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

                            (2) For service information identified in this AD, contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606; telephone 201-440-6700; Internet                             *http://www.dassaultfalcon.com*.                        

(3) You may review copies of the 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.

                            (4) You may also review copies of the 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/​code_​of_​federal_​regulations/​ibr_​locations.html.*

Issued in Renton, WA, on June 25, 2009.

Stephen P. Boyd,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. E9-15855 Filed 7-7-09; 8:45 am]

BILLING CODE 4910-13-P