[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Proposed Rules]
[Pages 61220-61222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24216]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
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 

  Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / 
Proposed Rules  

[[Page 61220]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0862; Directorate Identifier 2012-NM-098-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation 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 
certain Dassault Aviation Model FALCON 2000 and FALCON 2000EX 
airplanes. This proposed AD was prompted by a determination that new 
center of gravity (CG) limits applicable during takeoff with a Slat/
Flap SF2 setting are necessary. This proposed AD would require revising 
the airplane flight manual (AFM) to include procedures to advise the 
flightcrew of the new CG limits. We are proposing this AD to prevent an 
erratic takeoff path and consequent reduced controllability of the 
airplane.

DATES: We must receive comments on this proposed AD by November 18, 
2013.

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 W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For Dassault 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. For 
Aviation Partners Inc. service information identified in this proposed 
AD, contact Aviation Partners Inc., 7299 Perimeter Road South, Seattle, 
WA 98108; telephone 800-946-4638; Internet http://www.aviationpartners.com. You may review copies of the 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; 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, 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-2013-0862; 
Directorate Identifier 2012-NM-098-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 2012-0081, dated May 14, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During a test flight on a Falcon 2000EX equipped with winglets 
(commercial designation Falcon 2000LX), performed for the 
certification of a maximum takeoff weight increase, the aeroplane 
took off and experienced unsatisfactory control characteristics 
under specific combined conditions of loading, slat-flap setting and 
horizontal tailplane trim setting. The weight and the Center of 
Gravity (CG) of the aeroplane during that test flight were within 
the already certified limits.
    This condition, if not corrected, could result in an erratic 
take-off path and reduced control of the aeroplane, which could 
ultimately jeopardize the aeroplane safe flight.
    To address this condition, Dassault Aviation developed Change 
Proposal (CP) 036 to the Airplane Flight Manual (AFM), which 
introduced new CG limits which are applicable during take-off with 
Slat/Flap SF2 setting.
    Since issuance of EASA PAD 11-077, Dassault Aviation issued a 
normal AFM revision currently at revision 15, which incorporates 
Dassault Aviation CP 036.
    For the reasons described above, this [EASA] AD requires 
amendment of the applicable AFM to ensure that the flight crew 
applies the appropriate operational procedure.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Dassault Aviation has issued Revision 15 to the Falcon 2000EX EASy, 
2000DX, and 2000LX Airplane Flight Manual (AFM) DGT88898, dated October 
30, 2011 (for Model 2000EX airplanes).
    Aviation Partners Inc. has issued AFM Supplement APF2-0601, Code 
002, Revision 3, dated June 1, 2012 (for Model FALCON 2000 airplanes), 
and AFM Supplement APF2-0601, Code 001, Revision 4, dated June 1, 2012 
(for Model FALCON 2000EX airplanes).

[[Page 61221]]

    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 Proposed AD and the MCAI or Service 
Information

    The applicability in the MCAI specifies Dassault Aviation Model 
Falcon 2000EX airplanes on which Dassault Aviation modification M2848 
or Dassault Aviation Technical Instructions TI-F2000EX-M2846-ME or TI-
F2000EX-M3118/M2846-ME has been embodied for the installation of 
winglets; including serial number 602. However, the applicability in 
this proposed AD would also include Model FALCON 2000 and Model FALCON 
2000EX airplanes modified by Aviation Partners Incorporated 
Supplemental Type Certificate (STC) Number ST01987SE (installation of 
winglets). We have determined that this group of airplanes is subject 
to the same unsafe condition as the airplanes identified in the MCAI. 
In addition, the applicability in this AD would exclude Model FALCON 
F2000EX airplanes on which Dassault Modification M3254 or Dassault 
Service Bulletin F2000EX-300, Revision 1, dated May 17, 2013, has been 
embodied. We have determined that this group of airplanes is not 
subject to the same unsafe condition as the airplanes identified in the 
MCAI.
    Although the MCAI does not include revising the AFM by 
incorporating the CG limits in Aviation Partners AFM Supplement APF2-
0601, Code 002, Revision 3, dated June 1, 2012 (for Model FALCON 2000 
airplanes), and AFM Supplement APF2-0601, Code 001, Revision 4, dated 
June 1, 2012 (for Model FALCON 2000EX airplanes); that requirement is 
included in this proposed AD.
    These differences have been coordinated with EASA.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 69 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 $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $5,865, or $85 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);
    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.
    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

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:

Dassault Aviation: Docket No. FAA-2013-0862; Directorate Identifier 
2012-NM-098-AD.

(a) Comments Due Date

    We must receive comments by November 18, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation airplanes; certificated in 
any category; as identified in paragraphs (c)(1) and (c)(2) of this 
AD; except Model FALCON F2000EX airplanes on which Dassault 
Modification M3254 or Dassault Service Bulletin F2000EX-300, 
Revision 1, dated May 17, 2013, has been embodied.
    (1) Model FALCON 2000EX airplanes on which Dassault Aviation 
modification M2848 or Dassault Aviation Technical Instructions TI-
F2000EX-M2846-ME or TI-F2000EX-M3118/M2846-ME has been embodied for 
the installation of winglets; including serial number 602.
    (2) Model FALCON 2000 and FALCON 2000EX airplanes modified by 
Aviation Partners Incorporated Supplemental Type Certificate (STC) 
ST01987SE (installation of winglets).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Reason

    This AD was prompted by a determination that new center of 
gravity (CG) limits applicable during takeoff with a Slat/Flap SF2 
setting are necessary. We are issuing this AD to prevent an erratic 
takeoff path and consequent reduced controllability of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

[[Page 61222]]

(g) Airplane Flight Manual (AFM) Revision

    Within 14 days after the effective date of this AD: Revise the 
AFM by incorporating the CG limits in sub-sections 1-050-05C, Issue 
2, and 1-050-05D, Issue 1, of the Weights and Loading Limitations 
section of the Dassault Aviation Falcon 2000EX EASy, 2000DX, and 
2000LX AFM DGT88898, Revision 15, dated October 30, 2012 (for 
airplanes identified in paragraph (c)(1) of this AD); or by 
incorporating the CG limits in Aviation Partners Inc. AFM Supplement 
APF2-0601, Code 002, Revision 3, dated June 1, 2012 (for Model 
FALCON 2000 airplanes identified in paragraph (c)(2) of this AD), or 
AFM Supplement APF2-0601, Code 001, Revision 4, dated June 1, 2012 
(for Model FALCON 2000EX airplanes identified in paragraph (c)(2) of 
this AD).

(h) Other FAA AD Provisions

    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. 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: [email protected]. 
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) 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.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2012-0081, dated May 14, 2012, for 
related information.

    Issued in Renton, Washington, on September 25, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-24216 Filed 10-2-13; 8:45 am]
BILLING CODE 4910-13-P