
[Federal Register: July 8, 2009 (Volume 74, Number 129)]
[Rules and Regulations]               
[Page 32417-32419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy09-8]                         

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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

 
Airworthiness Directives; Dassault Model 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:

    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

[[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

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:

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.

[[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
