[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Proposed Rules]
[Pages 61539-61542]
[FR Doc No: 2012-24808]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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. 77, No. 196 / Wednesday, October 10, 2012 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1067; Directorate Identifier 2011-NM-231-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, FALCON 2000EX, MYSTERE-
FALCON 900 and FALCON 900EX airplanes; and all Model MYSTERE-FALCON 50
airplanes. This proposed AD was prompted by reports that collapse of
the main landing gear (MLG) could cause wing tank structure failure,
which could result in fuel spillage and consequent fire hazard. This
proposed AD would require modification of the wing fuel tanks in the
area of the wheel well. We are proposing this AD to prevent fuel
spillage in the event of a MLG collapse, and consequent fire hazard.

DATES: We must receive comments on this proposed AD by November 26,
2012.

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:<PHONE_NUMBER>.
     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 service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606;
telephone<PHONE_NUMBER>; 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, 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<PHONE_NUMBER>) 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<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

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-2012-1067;
Directorate Identifier 2011-NM-231-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 2011-0193, dated October 5, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    In service experience has shown that, in case of main landing
gear collapse due to overloads during take off or landing (e.g.,
during high-speed runway excursions), the wing tank structure can
fail, leading to fuel spillage. * * *
    This condition, if not corrected, could result, in case of main
landing gear collapse, in a fuel spillage which may constitute a
fire hazard.
    To address this unsafe condition, Dassault Aviation have
developed a structural modification of the wing fuel tanks in the
area of the wheel well which introduces a dry bay by adding a sealed
boundary in front of the rear spar between ribs 4 and 5.
    For the reasons described above, this [EASA] AD requires
accomplishment of the above-mentioned modification for the Right
Hand (RH) and Left Hand (LH) wing fuel tanks.

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

Relevant Service Information

    Dassault Aviation has issued the following service information. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
     Dassault Mandatory Service Bulletin F50-496, Revision 2,
dated March 10, 2010 (for Model MYSTERE-FALCON 50 airplanes), which
includes the following appendices:
     Appendix 1, Revision 2, dated February 15, 2010.
     Appendix 2, Revision 3, dated February 15, 2009.
     Appendix 3, Revision 2, dated October 21, 2009.
     Appendix 4, Revision 1, dated October 20, 2009.
     Appendix 5, Revision 3, dated March 10, 2010.
     Dassault Mandatory Service Bulletin F900EX-329, Revision
3, dated March 10, 2010 (for Model FALCON 900EX airplanes), which
includes the following appendices:
     Appendix 1, Revision 2, dated February 15, 2010.

     Appendix 2, Revision 3, dated February 15, 2009.
     Appendix 3, Revision 2, dated October 21, 2009.
     Appendix 4, Revision 1, dated October 20, 2009.
     Appendix 5, Revision 3, dated March 10, 2010.
     Dassault Mandatory Service Bulletin F900-388, Revision 2,
dated March 10, 2010 (for Model MYSTERE-FALCON 900 airplanes), which
includes the following appendices:
     Appendix 1, Revision 2, dated February 15, 2010.
     Appendix 2, Revision 3, dated February 15, 2009.
     Appendix 3, Revision 2, dated October 21, 2009.
     Appendix 4, Revision 1, dated October 20, 2009.
     Appendix 5, Revision 3, dated March 10, 2010.
     Dassault Mandatory Service Bulletin F2000-358, Revision 3,
dated March 10, 2010 (for Model FALCON 2000 airplanes), which includes
the following appendices:
     Appendix 1, Revision 2, dated February 15, 2010.
     Appendix 2, Revision 3, dated February 15, 2009.
     Appendix 3, Revision 2, dated October 21, 2009.
     Appendix 4, Revision 1, dated October 20, 2009.
     Appendix 5, Revision 3, dated March 10, 2010.
     Dassault Mandatory Service Bulletin F2000EX-171, Revision
3, dated March 10, 2010 (for Model FALCON 2000EX airplanes), which
includes the following appendices:
     Appendix 1, Revision 2, dated February 15, 2010.
     Appendix 2, Revision 3, dated February 15, 2009.
     Appendix 3, Revision 2, dated October 21, 2009.
     Appendix 4, Revision 1, dated October 20, 2009.
     Appendix 5, Revision 3, dated March 10, 2010.

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 753 products of U.S. registry. We also estimate that
it would take about 640 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $18,500 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 the proposed AD on U.S. operators to
be $54,893,700, or $72,900 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 that 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

    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-2012-1067; Directorate Identifier
2011-NM-231-AD.

(a) Comments Due Date

    We must receive comments by November 26, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1),
(c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Dassault Aviation Model FALCON 2000 and FALCON 2000EX
airplanes, all serial numbers, except those on which modification
M3072 has been installed.
    (2) DASSAULT AVIATION Model MYSTERE-FALCON 50 airplanes, all
serial numbers.
    (3) DASSAULT AVIATION Model MYSTERE-FALCON 900 and FALCON 900EX
airplanes, all serial numbers, except those on which modification
M5413 has been installed.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports that collapse of the main
landing gear (MLG) could cause wing tank structure failure, which
could result in fuel spillage and a consequent fire hazard. We are
issuing this AD to prevent fuel spillage in the event of a MLG
collapse, and consequent fire hazard.

(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.

(g) Modification

    Within 150 months after the effective date of this AD, do the
modification of the right-hand and left-hand wing fuel tanks, in
accordance with the Accomplishment Instructions of the applicable
service information specified in paragraph (g)(1), (g)(2), (g)(3),
(g)(4), or (g)(5) of this AD, as applicable. The service information
specified in paragraphs (g)(1) through (g)(5) of this AD contain a
paragraph which states that each person applying the service
bulletins must have successfully completed a training program. This
training is recommended but is not required by this AD.
    (1) For Model MYSTERE-FALCON 50 airplanes: Dassault Mandatory
Service Bulletin F50-496, Revision 2, dated March 10, 2010, which
includes the following appendices.
    (i) Appendix 1, Revision 2, dated February 15, 2010.
    (ii) Appendix 2, Revision 3, dated February 15, 2009.
    (iii) Appendix 3, Revision 2, dated October 21, 2009.
    (iv) Appendix 4, Revision 1, dated October 20, 2009.
    (v) Appendix 5, Revision 3, dated March 10, 2010.
    (2) For Model FALCON 900EX airplanes: Dassault Mandatory Service
Bulletin F900EX-329, Revision 3, dated March 10, 2010, which
includes the following appendices.
    (i) Appendix 1, Revision 2, dated February 15, 2010.
    (ii) Appendix 2, Revision 3, dated February 15, 2009.
    (iii) Appendix 3, Revision 2, dated October 21, 2009.
    (iv) Appendix 4, Revision 1, dated October 20, 2009.
    (v) Appendix 5, Revision 3, dated March 10, 2010.
    (3) For Model MYSTERE-FALCON 900 airplanes: Dassault Mandatory
Service Bulletin F900-388, Revision 2, dated March 10, 2010, which
includes the following appendices.
    (i) Appendix 1, Revision 2, dated February 15, 2010.
    (ii) Appendix 2, Revision 3, dated February 15, 2009.
    (iii) Appendix 3, Revision 2, dated October 21, 2009.
    (iv) Appendix 4, Revision 1, dated October 20, 2009.
    (v) Appendix 5, Revision 3, dated March 10, 2010.
    (4) For Model FALCON 2000 airplanes: Dassault Mandatory Service
Bulletin F2000-358, Revision 3, dated March 10, 2010, which includes
the following appendices.
    (i) Appendix 1, Revision 2, dated February 15, 2010.
    (ii) Appendix 2, Revision 3, dated February 15, 2009.
    (iii) Appendix 3, Revision 2, dated October 21, 2009.
    (iv) Appendix 4, Revision 1, dated October 20, 2009.
    (v) Appendix 5, Revision 3, dated March 10, 2010.
    (5) For Model FALCON 2000EX airplanes: Dassault Mandatory
Service Bulletin F2000EX-171, Revision 3, dated March 10, 2010,
which includes the following appendices.
    (i) Appendix 1, Revision 2, dated February 15, 2010.
    (ii) Appendix 2, Revision 3, dated February 15, 2009.
    (iii) Appendix 3, Revision 2, dated October 21, 2009.
    (iv) Appendix 4, Revision 1, dated October 20, 2009.
    (v) Appendix 5, Revision 3, dated March 10, 2010.

(h) Credit for Previous Actions

    This paragraph provides credit for the modifications required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the service information (which is
not incorporated by reference in this AD) specified in paragraphs
(h)(1) through (h)(5) of this AD, as applicable.
    (1) For Model MYSTERE-FALCON 50 airplanes:
    (i) Dassault Mandatory Service Bulletin F50-496, dated October
22, 2009, which includes the following appendices.
    (A) Appendix 1, Revision 1, dated October 21, 2009.
    (B) Appendix 2, Revision 2, dated October 21, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 2, dated October 22, 2009.
    (ii) Dassault Mandatory Service Bulletin F50-496, Revision 1,
dated February 15, 2010, which includes the following appendices.
    (A) Appendix 1, Revision 2, dated February 15, 2010.
    (B) Appendix 2, Revision 3, dated February 15, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 3, dated March 10, 2010.
    (2) For Model FALCON 900EX airplanes:
    (iii) Dassault Mandatory Service Bulletin F900EX-329, dated
September 25, 2009, which includes the following appendices.
    (A) Appendix 1, dated July 6, 2009.
    (B) Appendix 2, dated July 6, 2009.
    (C) Appendix 3, Revision 1, dated September 25, 2009.
    (D) Appendix 4, dated July 6, 2009.
    (E) Appendix 5, Revision 1, dated September 24, 2009.
    (iv) Dassault Mandatory Service Bulletin F900EX-329, Revision 1,
dated October 22, 2009, which includes the following appendices.
    (A) Appendix 1, Revision 1, dated October 21, 2009.
    (B) Appendix 2, Revision 2, dated October 21, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 2, dated October 22, 2009.
    (v) Dassault Mandatory Service Bulletin F900EX-329, Revision 2,
dated February 15, 2010, which includes the following appendices.
    (A) Appendix 1, Revision 2, dated February 15, 2010.
    (B) Appendix 2, Revision 3, dated February 15, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 3, dated March 10, 2010.
    (3) For Model MYSTERE-FALCON 900 airplanes:
    (i) Dassault Mandatory Service Bulletin F900-388, dated October
22, 2009, which includes the following appendices.
    (A) Appendix 1, Revision 1, dated October 21, 2009.
    (B) Appendix 2, Revision 2, dated October 21, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 2, dated October 22, 2009.
    (ii) Dassault Mandatory Service Bulletin F900-388, Revision 1,
dated February 15, 2010, which includes the following appendices.
    (A) Appendix 1, Revision 2, dated February 15, 2010.
    (B) Appendix 2, Revision 3, dated February 15, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 3, dated March 10, 2010.
    (4) For Model FALCON 2000 airplanes:
    (i) Dassault Mandatory Service Bulletin F2000-358, dated
September 25, 2009, which includes the following appendices.
    (A) Appendix 1, dated July 6, 2009.
    (B) Appendix 2, dated July 6, 2009.
    (C) Appendix 3, Revision 1, dated September 25, 2009.
    (D) Appendix 4, dated July 6, 2009.
    (E) Appendix 5, Revision 1, dated September 24, 2009.
    (ii) Dassault Mandatory Service Bulletin F2000-358, Revision 1,
dated October 30, 2009, which includes the following appendices.
    (A) Appendix 1, Revision 1, dated October 21, 2009.
    (B) Appendix 2, Revision 2, dated October 21, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 2, dated October 22, 2009.
    (iii) Dassault Mandatory Service Bulletin F2000-358, Revision 2,
dated February 15, 2010, which includes the following appendices.
    (A) Appendix 1, Revision 2, dated February 15, 2010.
    (B) Appendix 2, Revision 3, dated February 15, 2009.

    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 3, dated March 10, 2010.
    (5) For Model FALCON 2000EX airplanes:
    (i) Dassault Mandatory Service Bulletin F2000EX-171, dated July
6, 2009, which includes the following appendices.
    (A) Appendix 1, dated July 6, 2009.
    (B) Appendix 2, dated July 6, 2009.
    (C) Appendix 3, dated July 6, 2009.
    (D) Appendix 4, dated July 6, 2009.
    (E) Appendix 5, dated July 6, 2009.
    (ii) Dassault Mandatory Service Bulletin F2000EX-171, Revision
1, dated October 22, 2009, which includes the following appendices.
    (A) Appendix 1, Revision 1, dated October 21, 2009.
    (B) Appendix 2, Revision 2, dated October 21, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 2, dated October 22, 2009.
    (iii) Dassault Mandatory Service Bulletin F2000EX-171, Revision
2, dated February 15, 2010, which includes the following appendices.
    (A) Appendix 1, Revision 2, dated February 15, 2010.
    (B) Appendix 2, Revision 3, dated February 15, 2009.
    (C) Appendix 3, Revision 2, dated October 21, 2009.
    (D) Appendix 4, Revision 1, dated October 20, 2009.
    (E) Appendix 5, Revision 3, dated March 10, 2010.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>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.

(j) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0193, dated October 5, 2011, and the service
information specified in paragraphs (g)(1) through (g)(5) of this
AD, for related information.

    Issued in Renton, Washington, on September 26, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-24808 Filed 10-9-12; 8:45 am]
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