[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Proposed Rules]
[Pages 48668-48671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23095]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0791; Directorate Identifier 2008-NM-213-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Model Falcon 2000 and Falcon 
2000EX 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 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:

    During the overhaul of a Main Landing Gear (MLG) of a Falcon 
2000, the sleeve on the hydraulic flow restrictor in the shock 
absorber was found displaced, because of the rupture of its three 
retaining screws. * * *
    Failure of the retaining screws has been determined to be the 
final phase of a slow unscrewing process under normal operational 
conditions. The unsafe condition only exists once the three screws 
have failed.
* * * * *

The unsafe condition is failure of three retaining screws of the MLG 
shock absorber which could result in collapse of the landing gear 
during ground maneuvers or landing. 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 October 26, 
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-2009-0791; 
Directorate Identifier 2008-NM-213-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 2009-0050, dated March 5, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During the overhaul of a Main Landing Gear (MLG) of a Falcon 
2000, the sleeve on the hydraulic flow restrictor in the shock 
absorber was found displaced, because of the rupture of its three 
retaining screws. In this situation, the energy dissipation function 
of the shock absorber is lost and high loads may be transmitted to 
the aircraft structure during landing. Structural integrity may thus 
not be guaranteed over the entire certified landing conditions 
domain particularly in combination of high landing weight and high 
vertical speed.
    Failure of the retaining screws has been determined to be the 
final phase of a slow unscrewing process under normal operational 
conditions. The unsafe condition only exists once the three screws 
have failed.
    For the reasons described above, Airworthiness Directive (AD) 
2008-0178 had been released to require a repetitive borescope 
inspection of the flow restriction system [for damage; such as 
condition of the sleeve of the dumping device, and broken or loose 
screws] and, if necessary, repair of the shock absorber per Dassault 
Aviation Service Bulletins (SB) F2000-367 and F2000EX-185 
(corresponding to modification M3120) developed with the landing 
gear manufacturer's instructions.* * *
    After qualification testing, modification M3120 has been 
approved by EASA as a definitive solution.
    As a consequence, the present AD retains the requirements of AD 
2008-0178 which is superseded and introduces M3120 as a terminating 
action to the repetitive inspections requirement, and further 
mandates its embodiment no later than the next MLG shock absorber 
overhaul.

The unsafe condition is failure of three retaining screws of the MLG 
shock

[[Page 48669]]

absorber which could result in collapse of the landing gear during 
ground maneuvers or landing. The repair can include additional 
inspections, modifying the shock absorbers, and contacting the 
manufacturer for repair instructions and doing the repair before 
further flight. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Dassault has issued Mandatory Service Bulletin F2000EX-167, 
Revision 1, dated December 1, 2008; Service Bulletin F2000EX-185, 
Revision 2, dated February 4, 2009; Mandatory Service Bulletin F2000-
366, Revision 2, dated December 1, 2008; and Service Bulletin F2000-
367, Revision 4, dated February 4, 2009. The actions described in this 
service information are 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 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 236 products of U.S. registry. We also estimate that 
it would take about 25 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $0 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 costs. 
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 $472,000, or $2,000 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-2009-0791; Directorate Identifier 
2008-NM-213-AD.

Comments Due Date

    (a) We must receive comments by October 26, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Dassault Model Falcon 2000 and Falcon 
2000EX airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
gear.

Reason

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

    During the overhaul of a Main Landing Gear (MLG) of a Falcon 
2000, the sleeve on the hydraulic flow restrictor in the shock 
absorber was found displaced, because of the rupture of its three 
retaining screws. In this situation, the energy dissipation function 
of the shock absorber is lost and high loads may be transmitted to 
the aircraft structure during landing. Structural integrity may thus 
not be guaranteed over the entire certified landing conditions 
domain particularly in combination of high landing weight and high 
vertical speed.
    Failure of the retaining screws has been determined to be the 
final phase of a slow unscrewing process under normal operational 
conditions. The unsafe condition only exists once the three screws 
have failed.
    For the reasons described above, Airworthiness Directive (AD) 
2008-0178 had been released to require a repetitive borescope 
inspection of the flow restriction system [for damage; such as 
condition of the sleeve of the dumping device, and broken or loose 
screws] and, if necessary, repair of the shock absorber per Dassault 
Aviation Service Bulletins (SB) F2000-367 and F2000EX-185 
(corresponding to modification M3120) developed with the landing 
gear manufacturer's instructions.* * *

[[Page 48670]]

    After qualification testing, modification M3120 has been 
approved by the European Aviation Safety Agency (EASA), as a 
definitive solution.
    As a consequence, the present AD retains the requirements of AD 
2008-0178 which is superseded and introduces M3120 as a terminating 
action to the repetitive inspections requirement, and further 
mandates its embodiment no later than the next MLG shock absorber 
overhaul.

The unsafe condition is failure of three retaining screws of the MLG 
shock absorber which could result in collapse of the landing gear 
during ground maneuvers or landing. The repair can include 
additional inspections, modifying the shock absorbers, and 
contacting the manufacturer for repair instructions and doing the 
repair before further flight.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes on which each new or previously overhauled MLG 
shock absorber has accumulated 4,200 or more total landings since 
new or overhauled as of the effective date of this AD: Within 8 
months after the effective date of this AD, inspect the shock 
absorber for damage, in accordance with the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin F2000-366, 
Revision 2; or F2000EX-167, Revision 1; both dated December 1, 2008, 
as applicable. If any damage is found, before further flight, repair 
the shock absorber in accordance with the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin F2000-366, 
Revision 2; or F2000EX-167, Revision 1; both dated December 1, 2008, 
as applicable.
    (2) For airplanes on which each new or previously overhauled MLG 
shock absorber has accumulated 1,900 or more total landings and less 
than 4,200 total landings since new or overhauled as of the 
effective date of this AD: At the applicable compliance time 
specified in paragraph (f)(2)(i) or (f)(2)(ii) of this AD, inspect 
the shock absorber for damage, in accordance with the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin F2000-366, 
Revision 2; or F2000EX-167, Revision 1; both dated December 1, 2008, 
as applicable. If any damage is found, before further flight, repair 
the shock absorber in accordance with the Accomplishment 
Instructions of Dassault Mandatory Service Bulletin F2000-366, 
Revision 2; or F2000EX-167, Revision 1; both dated December 1, 2008, 
as applicable.
    (i) For airplanes on which 6 or more steep-approach landings 
have been performed before the effective date of this AD: Within 8 
months after the effective date of this AD, do the actions required 
by paragraph (f)(2) of this AD.
    (ii) For airplanes on which less than or equal to 5 steep-
approach landings have been performed before the effective date of 
this AD: Within 18 months after the effective date of this AD or 
5,000 total landings since new or overhauled, whichever occurs 
first, do the actions required by paragraph (f)(2) of this AD.
    (3) For airplanes on which each new or previously overhauled MLG 
shock absorber has accumulated less than 1,900 total landings since 
new or overhauled as of the effective date of this AD: Before the 
accumulation of 3,000 total landings since new or overhauled, 
inspect the shock absorber for damage, in accordance with the 
Accomplishment Instructions of Dassault Mandatory Service Bulletin 
F2000-366, Revision 2; or F2000EX-167, Revision 1, both dated 
December 1, 2008, as applicable. If any damage is found, before 
further flight, repair the shock absorber in accordance with the 
Accomplishment Instructions of Dassault Mandatory Service Bulletin 
F2000-366, Revision 2, or F2000EX-167, Revision 1; both dated 
December 1, 2008, as applicable.
    (4) Repeat the inspections required by paragraphs (f)(1), 
(f)(2), and (f)(3) of this AD, as applicable, thereafter at 
intervals not to exceed 1,900 landings until accomplishment of 
paragraph (f)(6) of this AD.
    (5) Accomplishment of any inspection or repair before the 
effective date of this AD in accordance with the applicable service 
information in Table 1 of this AD is acceptable for compliance with 
the corresponding requirements of this AD.

                                       Table 1--Credit Service Information
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                Document                          Revision                               Date
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Dassault Service Bulletin F2000-366....  Original..................  April 18, 2008.
Dassault Mandatory Service Bulletin      1.........................  August 18, 2008.
 F2000-366.
Dassault Mandatory Service Bulletin      Original..................  August 18, 2008.
 F2000EX-167.
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     (6) For airplanes on which Dassault Modification M3120 has not 
been embodied as of the effective date of this AD: Before the 
accumulation of 6,000 total landings or 144 months on each new or 
previously overhauled MLG shock absorber, whichever occurs first: 
Modify the existing left- and right-hand MLG shock absorbers by 
installing MLG shock absorbers with part number (P/N) D23365000-4 or 
D23366000-4 (for Falcon 2000 airplanes) or D23745000-2 or D23746000-
2 (for Falcon 2000EX airplanes), in accordance with the 
Accomplishment Instructions of Dassault Service Bulletin F2000EX-
185, Revision 2; or F2000-367, Revision 4; both dated February 4, 
2009, as applicable. Where the service bulletins specify contacting 
the manufacturer for repair instructions, before further flight, 
contact the manufacturer and do the repair.
    (7) Accomplishment of the modification required by paragraph 
(f)(6) of this AD before the effective date of this AD in accordance 
with the applicable service information in Table 2 of this AD is 
acceptable for compliance with the corresponding requirements of 
this AD.

                                       Table 2--Credit Service Information
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                Document                          Revision                               Date
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Dassault Service Bulletin F2000EX-185..  Original..................  August 18, 2008.
Dassault Service Bulletin F2000EX-185..  1.........................  December 1, 2008.
Dassault Service Bulletin F2000-367....  1.........................  July 10, 2008.
Dassault Service Bulletin F2000-367....  2.........................  August 18, 2008.
Dassault Service Bulletin F2000-367....  3.........................  December 1, 2008.
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     (8) Accomplishment of the modification required by paragraph 
(f)(6) of this AD ends the repetitive inspections required by 
paragraph (f)(4) of this AD.
    (9) As of the effective date of this AD, no person may install 
on any airplane as a replacement part, a MLG shock absorber, unless 
it has been modified according to the requirements in paragraph 
(f)(6) of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    (1) Although the MCAI requires repairing any damage within the 
applicable time or landing limits specified in Dassault Mandatory 
Service Bulletin F2000-366, Revision 2, or F2000EX-167, Revision 1, 
both dated December 1, 2008; this AD requires that the repair be 
done before further flight.
    (2) Paragraph (1) of the MCAI requires updating the operator's 
maintenance program; however, that action is not required by this 
AD. The maintenance program does not require FAA approval.

[[Page 48671]]

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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.
    (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 Airworthiness 
Directive 2009-0050, and the service information in Table 3 of this 
AD, for related information.

                                          Table 3--Service Information
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                   Document                       Revision                            Date
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Dassault Mandatory Service Bulletin F2000EX-                1  December 1, 2008.
 167.
Dassault Service Bulletin F2000EX-185........               2  February 4, 2009.
Dassault Mandatory Service Bulletin F2000-366               2  December 1, 2008.
Dassault Service Bulletin F2000-367..........               4  February 4, 2009.
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    Issued in Renton, Washington, on September 16, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-23095 Filed 9-23-09; 8:45 am]
BILLING CODE 4910-13-P