[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Rules and Regulations]
[Pages 28465-28469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11358]


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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; 
Amendment 39-16303; AD 2010-10-24]
RIN 2120-AA64


Airworthiness Directives; Dassault-Aviation Model FALCON 2000 and 
FALCON 2000EX Airplanes

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

ACTION: Final rule.

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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:

    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.
* * * * *

[[Page 28466]]

The unsafe condition is failure of three retaining screws of the MLG 
shock absorber, which could adversely affect the structural integrity 
of these airplanes. We are issuing this AD to require actions to 
correct the unsafe condition on these products.

DATES: This AD becomes effective June 25, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 25, 
2010.

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 September 24, 2009 
(74 FR 48668). That NPRM proposed 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 absorber, which could adversely affect the structural integrity 
of these airplanes. The repair can include additional inspections, 
modifying the shock absorbers, and contacting the manufacturer for 
repair instructions and doing the repair. 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 considered the comments received.

Request To Extend Compliance Time

    Dassault-Aviation (Dassault) asks that we extend the compliance 
time for repairing the shock absorber if any damage is found from 
before further flight to the compliance times specified in European 
Aviation Safety Agency (EASA) AD 2009-0050, dated March 5, 2009. 
Dassault states that requiring immediate repair of the shock absorber 
before further flight is unnecessary because it has been established 
that a two-tier approach of prompt inspection followed by repair, if 
necessary, is a more efficient means of addressing the unsafe 
condition. Dassault adds that this requirement would cause scheduling 
issues at maintenance facilities with trained personnel available to 
perform the repair, and would result in unnecessary grounding of its 
airplanes.
    We agree with the commenter. The compliance times referred to in 
EASA AD 2009-0050, and specified in Dassault Mandatory Service 
Bulletins F2000-366, Revision 2; and F2000EX-167, Revision 1; both 
dated December 1, 2008; are based on technical information and 
calculations coordinated between EASA and Dassault. The compliance 
times for the repairs are based on inspection results showing the 
number of loose or broken screws that attach the sleeve of the damping 
device to the shock absorber. If one, two, or three screws are loose 
with a visible gap, the screws must be repaired within 12 months after 
the damage is found. If one screw is broken the screw must be repaired 
within 6 months after the damage is found. If two screws are broken, 
the screws must be repaired within 10 flight cycles after the damage is 
found. And, if three screws are broken and the damping device is no 
longer attached, the repair must be done before further flight. 
Extending the compliance times for the repairs based on the number of 
loose or broken screws would not adversely affect airplane safety. 
Therefore, we have changed the requirements specified in paragraphs 
(f)(1), (f)(2), and (f)(3) of this AD and added a new Table 1 to allow 
the repair to be done at the applicable compliance times specified in 
the Accomplishment Instructions of the applicable service bulletin. We 
have reidentified subsequent tables accordingly. In addition, we have 
removed the compliance time difference specified in paragraph (1) under 
Note 1 of the NPRM.

Request To Change the Description of the Unsafe Condition

    Dassault also asks that we revise the NPRM to remove the language 
describing the unsafe condition as failure of three retaining screws of 
the MLG shock absorber, which could result in collapse of the landing 
gear during ground maneuvers or landing. Dassault states that, based on 
engineering studies, it believes that the failure or absence of these 
screws will not result in collapse of the landing gear during ground 
maneuvers or landing. Dassault adds that, as specified in the EASA AD, 
the failure of these screws would only potentially affect the life of 
the airplane structure under all landing conditions, particularly with 
respect to the combination of high landing weights and high vertical 
speeds at touchdown. Dassault notes that the current language in the 
NPRM has caused needless alarm and concern among Model Falcon 2000 and 
Falcon 2000EX owners and operators.
    We agree with the commenter for the reasons provided. Based on 
those reasons, we have changed the description of the unsafe condition 
throughout this AD as follows: ``The unsafe condition is failure of 
three retaining screws of the MLG shock absorber, which could adversely 
affect the structural integrity of these airplanes.''

Explanation of Change Made to This AD

    We have changed this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

[[Page 28467]]

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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.

Explanation of Change to Costs of Compliance

    After the NPRM was issued, we reviewed the figures we have used 
over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$80 per work hour to $85 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 236 products of U.S. registry. 
We also estimate that it will take about 25 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will 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 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 this AD to the U.S. operators 
to be $501,500, or $2,125 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 AD:

2010-10-24 Dassault-Aviation: Amendment 39-16303. Docket No. FAA-
2009-0791; Directorate Identifier 2008-NM-213-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 25, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Dassault-Aviation 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. * * *
    After qualification testing, modification M3120 has been 
approved by the European Aviation Safety Agency (EASA), as a 
definitive solution.

[[Page 28468]]

    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 adversely affect the structural 
integrity of these airplanes. The repair can include additional 
inspections, modifying the shock absorbers, and contacting the 
manufacturer for repair instructions and doing the repair.

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, repair the shock absorber at 
the time specified in Table 1 of this AD, 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, repair the shock absorber at 
the applicable time specified in Table 1 of this AD, 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, repair the 
shock absorber at the time specified in Table 1 of this AD, 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.

                                      Table 1--Compliance Times for Repair
----------------------------------------------------------------------------------------------------------------
              Damage found                                           Compliance time
----------------------------------------------------------------------------------------------------------------
1, 2, or 3 loose screws................  Within 12 months after the finding.
1 broken screw.........................  Within 6 months after the finding.
2 or 3 broken screws...................  Within 10 flight cycles after the finding.
3 broken screws with detached damping    Before further flight.
 device.
----------------------------------------------------------------------------------------------------------------

     (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 the 
actions specified in paragraph (f)(6) of this AD.
    (5) Accomplishment of any inspection or repair before the 
effective date of this AD in accordance the applicable service 
information specified in Table 2 of this AD is acceptable for 
compliance with the corresponding requirements of this AD.

                                       Table 2--Credit Service Information
----------------------------------------------------------------------------------------------------------------
                Document                               Revision                              Date
----------------------------------------------------------------------------------------------------------------
Dassault Mandatory Service Bulletin       1.................................  August 18, 2008.
 F2000-366.
Dassault Mandatory Service Bulletin       Original..........................  August 18, 2008.
 F2000EX-167.
Dassault Service Bulletin F2000-366.....  Original..........................  April 18, 2008.
----------------------------------------------------------------------------------------------------------------

     (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 
P/N D23366000-4 (for Model Falcon 2000 airplanes), or P/N D23745000-
2 or P/N D23746000-2 (for Model 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 these service bulletins 
specify contacting the manufacturer for repair instructions, contact 
the manufacturer and do the repair at the applicable compliance 
times specified in the Accomplishment Instructions of the applicable 
service bulletin.
    (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 specified in Table 3 of this 
AD is acceptable for compliance with the corresponding requirements 
of this AD.

                              Table 3--Credit Service Information for Modification
----------------------------------------------------------------------------------------------------------------
                Document                               Revision                              Date
----------------------------------------------------------------------------------------------------------------
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.

[[Page 28469]]

 
Dassault Service Bulletin F2000-367.....  2.................................  August 18, 2008.
Dassault Service Bulletin F2000-367.....  3.................................  December 1, 2008.
----------------------------------------------------------------------------------------------------------------

    (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 specified in 
paragraph (f)(6) of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: 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.

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 (44 
U.S.C. 3501 et seq.), 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 EASA Airworthiness Directive 2009-0050, dated 
March 5, 2009, and the service information identified in Table 4 of 
this AD, for related information.

                      Table 4--Service Information
------------------------------------------------------------------------
           Document                Revision               Date
------------------------------------------------------------------------
Dassault Mandatory Service                   2  December 1, 2008.
 Bulletin F2000-366.
Dassault Mandatory Service                   1  December 1, 2008.
 Bulletin F2000EX-167.
Dassault Service Bulletin                    4  February 4, 2009.
 F2000-367.
Dassault Service Bulletin                    2  February 4, 2009.
 F2000EX-185.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the applicable service information contained in 
Table 5 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.

               Table 5--Material Incorporated by Reference
------------------------------------------------------------------------
           Document                Revision               Date
------------------------------------------------------------------------
Dassault Mandatory Service                   2  December 1, 2008.
 Bulletin F2000-366.
Dassault Mandatory Service                   1  December 1, 2008.
 Bulletin F2000EX-167.
Dassault Service Bulletin                    4  February 4, 2009.
 F2000-367.
Dassault Service Bulletin                    2  February 4, 2009.
 F2000EX-185.
------------------------------------------------------------------------

     (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.
    (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, Washington, on May 4, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-11358 Filed 5-20-10; 8:45 am]
BILLING CODE 4910-13-P