AD 2014-12-02

[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Rules and Regulations]
[Pages 36631-36634]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-13319]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0862; Directorate Identifier 2012-NM-098-AD; 
Amendment 39-17863; AD 2014-12-02]
RIN 2120-AA64


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

DATES: This AD becomes effective August 4, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 4, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2013-0862; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For Dassault service information identified in this AD, contact 
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; 
telephone 201-440-6700; Internet <a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>. For 
Aviation Partners, Inc. service information identified in this AD, 
contact Aviation Partners, Inc., 7299 Perimeter Road South, Seattle, WA 
98108; telephone 800-946-4638; Internet <a href="http://www.aviationpartners.com">http://www.aviationpartners.com</a>. You may view this 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.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,

[[Page 36632]]

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Dassault Aviation 
Model FALCON 2000 and FALCON 2000EX airplanes. The NPRM published in 
the Federal Register on October 3, 2013 (78 FR 61220). The NPRM was 
prompted by a determination that new center of gravity (CG) limits 
applicable during takeoff with a Slat/Flap SF2 setting are necessary. 
The NPRM proposed to require revising the airplane flight manual (AFM) 
to include procedures to advise the flightcrew of the new CG limits. We 
are issuing this AD to prevent an erratic takeoff path and consequent 
reduced controllability of the airplane.
    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 [proposed airworthiness directive] 
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 examine the MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2013-0862-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 61220, October 3, 2013) and the FAA's response to each comment.

Request To Exclude Certain Airplanes

    Dassault stated that the NPRM (78 FR 61220, October 3, 2013) 
excludes Model FALCON F2000EX airplanes on which Dassault Service 
Bulletin F2000EX-300, Revision 1, dated May 17, 2013, has been 
embodied. Dassault added that this service information requires 
installation of a new Arthur unit that is compatible with EASy II 
avionics, for airplanes on which winglets have been installed using 
Dassault Modification M2846 or Dassault Aviation Technical Instructions 
TI-F2000EX-M2846-ME. Dassault does not know whether airplanes which 
have been fitted with winglets per Aviation Partners Incorporated 
Supplemental Type Certificates (STCs) can be excluded from the 
applicability.
    We agree to clarify. We have determined that, for Model FALCON 
F2000EX airplanes modified by Aviation Partners Incorporated STC 
ST01987SE <a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1804CCC8BA5562958625770C007757C6?OpenDocument&Highlight=st01987se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1804CCC8BA5562958625770C007757C6?OpenDocument&Highlight=st01987se</a>, the 
actions specified in Dassault Service Bulletin F2000EX-300, Revision 1, 
dated May 17, 2013, can be accomplished. Therefore, if the actions 
specified in Dassault Service Bulletin F2000EX-300, Revision 1, dated 
May 17, 2013, have been accomplished on any Model FALCON F2000EX 
airplane, that airplane is excluded from the applicability of this AD. 
We have not changed this AD in this regard.

Request To Correct Typographical Error

    Dassault noted that there is a typographical error in paragraph 
(c)(1) of the NPRM (78 FR 61220, October 3, 2013). Dassault stated that 
Dassault Aviation Modification M2848 should be changed to M2846 because 
number M2848 is incorrect.
    We agree with the commenter's request. The correct modification 
number is identified in the applicability section of the MCAI; 
therefore, the modification number in paragraph (c)(1) of this final 
rule has been changed from M2848 to M2846.

Additional Change Made to This Final Rule

    We have revised the formatting of paragraph (g) of this final rule 
for easier readability. This change does not affect the content of that 
paragraph.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 61220, October 3, 2013) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 61220, October 3, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 69 airplanes 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 $85 per work-hour. Required parts will cost about $0 per product. 
Based on these figures, we estimate the cost of the 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 AD will not have federalism implications 
under

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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 that 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);
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2013-0862; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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:

2014-12-02 Dassault Aviation: Amendment 39-17863. Docket No. FAA-
2013-0862; Directorate Identifier 2012-NM-098-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 4, 
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation airplanes, certificated in 
any category, identified in paragraphs (c)(1) and (c)(2) of this AD; 
except Model FALCON F2000EX airplanes on which Dassault Aviation 
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 M2846 or Dassault Aviation Technical Instruction TI-
F2000EX-M2846-ME or TI-F2000EX-M3118/M2846-ME has been embodied for 
the installation of winglets, including the airplane having serial 
number 602.
    (2) Model FALCON 2000 and FALCON 2000EX airplanes modified by 
Aviation Partners Incorporated Supplemental Type Certificate (STC) 
ST01987SE <a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1804CCC8BA5562958625770C007757C6?OpenDocument&Highlight=st01987se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1804CCC8BA5562958625770C007757C6?OpenDocument&Highlight=st01987se</a> 
(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.

(g) Airplane Flight Manual (AFM) Revision

    Within 14 days after the effective date of this AD: Revise the 
AFM by incorporating the CG limits identified in the service 
information specified in paragraph (g)(1), (g)(2), or (g)(3) of this 
AD, as applicable.
    (1) For airplanes identified in paragraph (c)(1) of this AD: 
Sub-sub-section 1-050-05C, ``Weights; Center of gravity limits (A/C 
with M2846 and M3390),'' Issue 2; and Sub-sub-section 1-050-05D, 
``Weights; Center of gravity limits (A/C with M2846 and M3000),'' 
Issue 1; of Sub-section 1-050, ``Weights and Loading,'' of Section 
1, ``Limitations,'' Issue 5, of the Dassault Aviation FALCON 2000EX 
EASy, FALCON 2000DX, and FALCON 2000LX AFM DGT88898, Revision 15, 
dated October 30, 2011.
    (2) For Model FALCON 2000 airplanes identified in paragraph 
(c)(2) of this AD: Aviation Partners, Inc. Dassault Aviation Falcon 
2000 with CFE 738 Engines--Blended Winglets Installation, AFM 
Supplement APF2-0601, Code 002, Revision 3, dated June 1, 2012.
    (3) For Model FALCON 2000EX airplanes identified in paragraph 
(c)(2) of this AD: Aviation Partners, Inc. Dassault Aviation Falcon 
2000EX Series--Blended Winglets Installation, AFM Supplement APF2-
0601, Code 001, Revision 4, dated June 1, 2012.

(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: <a href="/cdn-cgi/l/email-protection#063f2b47484b2b3737302b474b49452b54435753435552554660676728616970"><span class="__cf_email__" data-cfemail="a0998de1eeed8d9191968de1edefe38df2e5f1f5e5f3f4f3e0c6c1c18ec7cfd6">[email&#160;protected]</span></a>. 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. This MCAI may be found in the AD docket on the 
Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2013-
0862-0002.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Dassault Aviation FALCON 2000EX EASy, FALCON 2000DX, and 
FALCON 2000LX Airplane Flight Manual (AFM) DGT88898, Revision 15, 
dated October 30, 2011. This document does not contain dates for the 
``Issue'' levels of the individual sub-sub-sections. The revision 
level and date of this document are identified on only the title 
page of the document.
    (ii) Aviation Partners, Inc. Dassault Aviation Falcon 2000 with 
CFE 738 Engines--Blended Winglets Installation, AFM Supplement APF2-
0601, Code 002, Revision 3, dated June 1, 2012. The revision level 
of this document is identified on only the title page, Revision 
Highlights, and Log of Pages of this document.
    (iii) Aviation Partners, Inc. Dassault Aviation Falcon 2000EX 
Series--Blended Winglets Installation, AFM Supplement APF2-0601, 
Code 001, Revision 4, dated June

[[Page 36634]]

1, 2012. The revision level of this document is identified on only 
the title page, Revision Highlights, and Log of Pages of this 
document.
    (3) For Dassault service information identified in this AD, 
contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 
07606; telephone 201-440-6700; Internet <a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>.
    (4) For Aviation Partners, Inc. service information identified 
in this AD, contact Aviation Partners, Inc., 7299 Perimeter Road 
South, Seattle, WA 98108; telephone 800-946-4638; Internet <a href="http://www.aviationpartners.com">http://www.aviationpartners.com</a>.
    (5) You may view this 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.
    (6) You may view this 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on May 28, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-13319 Filed 6-27-14; 8:45 am]
BILLING CODE 4910-13-P