AD 2014-16-21

[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51231-51234]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-19547]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0145; Directorate Identifier 2013-NM-183-AD; 
Amendment 39-17945; AD 2014-16-21]
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 all 
Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by 
reports that the pintle pins installed on a certain number of airplanes 
may be incorrectly protected against corrosion. This AD requires 
replacing certain pintle pins on the left- and right-hand main landing 
gear (MLG) with a serviceable part. We are issuing this AD to detect 
and correct pintle pins that have been incorrectly corrosion-protected, 
which could cause the pintle pins to shear under normal load and lead 
to the collapse of the MLG during take-off or landing.

DATES: This AD becomes effective October 2, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 2, 
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-2014-0145 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 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>. 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, 
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 all Dassault Aviation Model 
FALCON 7X airplanes. The NPRM published in the Federal Register on 
March 25, 2014 (79 FR 16239). The NPRM was prompted by reports that the 
pintle pins installed on a certain number of airplanes may be 
incorrectly protected against corrosion. The NPRM proposed to require 
replacing certain pintle pins on the left- and right-hand main landing 
gear (MLG) with a serviceable part. We are issuing this AD to detect 
and correct pintle pins that have been incorrectly corrosion-protected, 
which could cause the pintle pins to shear under normal load and lead 
to the collapse of the MLG during take-off or landing.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0162, dated July 24, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition all Dassault Aviation 
Model FALCON 7X airplanes. The MCAI states:

    Messier-Bugatti-Dowty, the manufacturer of the landing gears of 
the Falcon 7X aeroplanes, has advised that pintle pins Part Number 
(P/N) 55-2355007-01 being installed on a certain number of 
aeroplanes may be incorrectly protected against corrosion. These 
pins are designed to shear in case of excessive loads on the main 
landing gears so that structural damage would be contained after a 
landing gear collapse. The cadmium-coating inside the bore of 
suspect pins may not be compliant to the original thickness 
specifications. Inspection of a few removed parts in service 
revealed that traces of limited corrosion can be found on an 
unstressed area of the pins. Messier-Bugatti-Dowty identified a list 
of potentially affected pintle pins and subsequently, Dassault 
Aviation identified on which aeroplanes those pintle pins were 
installed.
    This condition, if not corrected, may lead to corrosion of the 
pins and ultimately cause them to shear under normal load. This 
could result in landing gear collapse during take-off or landing.
    To address this condition, Dassault Aviation, with the support 
of Messier-Bugatti-Dowty, developed Service Bulletin (SB) F7X-182 to 
provide instructions for removal of potentially affected pintle pins 
and replacement with serviceable parts.
    For the reasons described above, this [EASA] AD requires 
replacement of pintle pins on affected airplanes. This [EASA] AD

[[Page 51232]]

also prohibits installation of a potentially affected part on an 
aeroplane.

    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-2014-0145-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 16239, March 25, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 16239, March 25, 2014), we proposed to prevent 
the use of repairs that were not specifically developed to correct the 
unsafe condition, by requiring that the repair approval provided by the 
State of Design Authority or its delegated agent specifically refer to 
this FAA AD. This change was intended to clarify the method of 
compliance and to provide operators with better visibility of repairs 
that are specifically developed and approved to correct the unsafe 
condition. In addition, we proposed to change the phrase ``its 
delegated agent'' to include a design approval holder (DAH) with State 
of Design Authority design organization approval (DOA), as applicable, 
to refer to a DAH authorized to approve required repairs for the 
proposed AD.
    No comments were provided to the NPRM (79 FR 16239, March 25, 2014) 
about these proposed changes. However, a comment was provided for an 
NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a 
manufacturer, the actions must be accomplished using a method approved 
by the FAA, the European Aviation Safety Agency (EASA), or Dassault 
Aviation's EASA Design Organization Approval (DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases 
the foreign manufacturer's service bulletin and the foreign authority's 
MCAI might have been issued some time before the FAA AD. Therefore, the 
DOA might have provided U.S. operators with an approved repair, 
developed with full awareness of the unsafe condition, before the FAA 
AD is issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``DAH with State of Design Authority design 
organization approval,'' but instead we have provided the specific 
delegation approval granted by the State of Design Authority for the 
DAH throughout this AD.

Conclusion

    We reviewed the relevant data 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 (79 FR 16239, March 25, 2014) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 16239, March 25, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

[[Page 51233]]

Costs of Compliance

    We estimate that this AD affects 42 airplanes of U.S. registry.
    We also estimate that it will take about 20 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 $17,000 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $785,400, or $18,700 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 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-2014-0145; 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 airworthiness 
directive (AD):

2014-16-21 Dassault Aviation: Amendment 39-17945. Docket No. FAA-
2014-0145; Directorate Identifier 2013-NM-183-AD.

(a) Effective Date

    This AD becomes effective October 2, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 7X 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Main Landing 
Gear.

(e) Reason

    This AD was prompted by reports that the pintle pins installed 
on a certain number of airplanes may be incorrectly protected 
against corrosion. We are issuing this AD to detect and correct 
pintle pins that have been incorrectly corrosion-protected, which 
could cause the pintle pins to shear under normal load and lead to 
the collapse of the MLG during take-off or landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Replacement

    For airplanes having serial numbers 4 through 6 inclusive; 9, 
12, 19, 21 through 25 inclusive; 29, 32, 33, 37, 39 through 42 
inclusive; 45, 49 through 53 inclusive; 55, 56, 62, 63, 65, 67 
through 69 inclusive; and 81, 82, 84, and 120: Within 2 months after 
the effective date of this AD, replace the pintle pins having part 
number (P/N) 55-2355007-01 on the left- and right-hand MLG with a 
serviceable part, in accordance with the Accomplishment Instructions 
of Dassault Aviation Service Bulletin 7X-182, Revision 4, also 
referred to as 182-R4, dated July 18, 2013.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
pintle pin having P/N 55-2355007-01, with the following serial 
numbers, on any airplane: EXC-0001, EXC-0003, EXC-0008, EXC-0009, 
EXC-0010, EXC-0015, EXC-0017, EXC-0018, EXC-0019, EXC-0020, EXC-
0022, EXC-0023, EXC-0024, EXC-0025, EXC-0026, EXC-0027, EXC-0029, 
EXC-0030, EXC-0031, EXC-0033, EXC-0037, EXC-0038, EXC-0040, EXC-
0041, EXC-0043, EXC-0044, EXC-0045, EXC-0046, EXC-0047, EXC-0050, 
EXC-0051, EXC-0052, EXC-0053, EXC-0054, EXC-0057, EXC-0059, EXC-
0060, EXC-0061, EXC-0062, EXC-0063, EXC-0064, EXC-0065, EXC-0067, 
EXC-0069, EXC-0072, EXC-0074, EXC-0075, EXC-0076, EXC-0077, EXC-
0078, EXC-0084, EXC-0091, EXC-0092, EXC-0093, EXC-0096, EXC-0098, 
EXC-0099, EXC-0101, EXC-0102, EXC-0103, EXC-0106, EXC-0107, EXC-
0108, EXC-0109, EXC-0110, EXC-0111, EXC-0114, EXC-0115, EXC-0117, 
EXC-0119, EXC-0120, EXC-0121, EXC-0122, EXC-0123, EXC-0124, EXC-
0125, EXC-0126, EXC-0127, EXC-0128, EXC-0129, EXC-0130, EXC-0131, 
EXC-0132, EXC-0133, EXC-0134, EXC-0135, EXC-0136, EXC-0137, EXC-
0138, EXC-0139, EXC-0143, EXC-0144, EXC-0147, EXC-0148, EXC-0149, 
EXC-0150, EXC-0152, EXC-0153, EXC-0154, EXC-0155, EXC-0158, EXC-
0162, EXC-0163, EXC-0164, EXC-0167, EXC-0168, EXC-0170, EXC-0172, 
EXC-0173, EXC-0175, EXC-0177, EXC-0178, EXC-0183, EXC-0184, EXC-
0190, EXC-0192, EXC-0193, EXC-0194, EXC-0197, or EXC-0198.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the following service information. This 
service information is not incorporated by reference in this AD.
    (1) Dassault Aviation Service Bulletin 7X-182, also referred to 
as 182, dated December 17, 2010.
    (2) Dassault Aviation Service Bulletin 7X-182, Revision 1, also 
referred to as 182-R1, dated December 7, 2011.
    (3) Dassault Aviation Service Bulletin 7X-182, Revision 2, also 
referred to as 182-R2, dated June 1, 2012.
    (4) Dassault Aviation Service Bulletin 7X-182, Revision 3, also 
referred to as 182-R3, dated February 26, 2013.

(j) 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

[[Page 51234]]

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#447d69050a09697575726905090b07691601151101171017042225256a232b32"><span class="__cf_email__" data-cfemail="7a43573b3437574b4b4c573b37353957283f2b2f3f292e293a1c1b1b541d150c">[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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Dassault Aviation's EASA 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0162, dated July 24, 2013, 
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-
2014-0145-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(l) 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 Service Bulletin 7X-182, Revision 4, also 
referred to as 182-R4, dated July 18, 2013.
    (ii) Reserved.
    (3) For 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) 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.
    (5) 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 August 4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19547 Filed 8-27-14; 8:45 am]
BILLING CODE 4910-13-P