AD 2016-09-03

[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Rules and Regulations]
[Pages 26099-26102]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-09800]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0657; Directorate Identifier 2014-NM-058-AD; 
Amendment 39-18501; AD 2016-09-03]
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, FALCON 2000EX, MYSTERE-FALCON 900, 
and FALCON 900EX airplanes. This AD was prompted by reports of a co-
pilot sliding aft on his seat during take-off at rotation. This AD 
requires replacement of certain springs installed on the pilot and co-
pilot seats. We are issuing this AD to prevent fatigue wear, which, if 
not corrected, could cause the seat to slide and the pilot or co-pilot 
to lose contact with the controls, leading to an inadvertent input on 
the flight control commands during take-off or climb, possibly 
resulting in loss of control of the airplane.

DATES: This AD becomes effective June 6, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 6, 2016.

ADDRESSES: For service information identified in this final rule, 
contact Dassault Falcon Jet Corporation, Teterboro Airport, 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. It is also available on the 
Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2014-0657.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2014-
0657; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday,

[[Page 26100]]

except Federal holidays. The AD docket contains this AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is 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 20590.

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 certain Dassault Aviation 
Model FALCON 2000, FALCON 2000EX, MYSTERE-FALCON 900, and FALCON 900EX 
airplanes. The NPRM published in the Federal Register on November 17, 
2014 (79 FR 68392) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0061, dated March 11, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Dassault 
Aviation Model FALCON 2000, FALCON 2000EX, MYSTERE-FALCON 900, and 
FALCON 900EX airplanes. The MCAI states:

    During take-off at rotation, a co-pilot reported to slide aft on 
his seat.
    The results of the investigations concluded that one spring of 
the seat locking system was broken and the other was weak. The root 
cause was determined to be fatigue wear. As springs accumulate 
cycles in service, they become increasingly exposed to the risk of 
unnoticed degradation or rupture.
    This condition, if not corrected, could cause the pilot or the 
co-pilot to lose contact with the controls, leading to an 
inadvertent input on the flight control commands during take-off or 
climb, possibly resulting in loss of control of the aeroplane.
    To address this unsafe condition, it was decided to require 
replacement of the affected seat springs for older aeroplanes and 
for newer aeroplanes; this task has been embodied in the aeroplane 
maintenance manual.
    For the reasons described above, this [EASA] AD requires 
replacement of the springs installed on the pilot and co-pilot seats 
with serviceable springs.

    You may examine the MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2014-
0657.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Revise the Compliance Times

    Travis Reinhardt requested that if paragraph (g) of the proposed AD 
is revised to include other airplanes that we consider different 
replacement times. The commenter stated that the NPRM is applicable to 
certain Dassault Aviation airplanes equipped with SICMA 132-series or 
142-series pilot and co-pilot seats. The commenter noted he has Embraer 
120 airplanes equipped with SICMA 147-series seats, which include part 
number (P/N) 132100-19 and/or 147100-19 stop pin springs. The commenter 
stated the Embraer 120 heavy checks are due at 4,000 flight hours 
versus the stated 3,750 total flight cycles or 74 months for the listed 
Falcon airplanes. The commenter stated that he has only changed out one 
spring, approximately twelve years ago, and that currently, his 
installed springs, P/N 132100-19, have approximately 34,000 flight 
hours and 34,600 flight cycles.
    While we appreciate the information Mr. Reinhardt has given, we are 
not revising this final rule to include other airplane models (or 
different replacement times) because the identified unsafe condition 
only affects the Dassault Aviation airplanes identified in the 
Applicability paragraph of this AD that are equipped with SICMA 132-
series or 142-series pilot and co-pilot seats. However, if we determine 
that an unsafe condition exists on other airplane models, we might 
consider further rulemaking on this issue. We have made no changes to 
this final rule in this regard.

Request To Add Part Number

    Mr. Reinhardt requested that if the NPRM is revised, we consider 
adding P/N 132100-19 to paragraph (h) of the proposed AD, as stated in 
EASA AD 2014-0061, dated March 11, 2014.
    For the reasons stated by the commenter, we agree to add P/N 
132100-19 to paragraph (h) of this AD.

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 for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued the following service information:
    <bullet> Dassault Service Bulletin F900-429, Revision 1, dated July 
13, 2012.
    <bullet> Dassault Service Bulletin F900EX-446, Revision 1, dated 
July 13, 2012.
    <bullet> Dassault Service Bulletin F2000-401, Revision 1, dated 
July 13, 2012.
    <bullet> Dassault Service Bulletin F2000EX-267, Revision 1, dated 
July 13, 2012.
    The service information describes procedures for replacing certain 
springs installed on the pilot and co-pilot seats. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 528 airplanes of U.S. registry.
    We also estimate that it will take about 2 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 $83 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $133,584, or $253 per product.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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

[[Page 26101]]

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.

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):

2016-09-03 Dassault Aviation: Amendment 39-18501. Docket No. FAA-
2014-0657; Directorate Identifier 2014-NM-058-AD.

(a) Effective Date

    This AD becomes effective June 6, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any 
category, equipped with SICMA 132-series or 142-series pilot and co-
pilot seats.
    (1) Dassault Aviation Model FALCON 2000 airplanes.
    (2) Dassault Aviation Model FALCON 2000EX airplanes.
    (3) Dassault Aviation Model MYSTERE-FALCON 900 airplanes.
    (4) Dassault Aviation Model FALCON 900EX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by reports of a co-pilot sliding aft on his 
seat during take-off at rotation. We are issuing this AD to prevent 
fatigue wear, which, if not corrected, could cause the seat to slide 
and the pilot or co-pilot to lose contact with the controls, leading 
to an inadvertent input on the flight control commands during take-
off or climb, possibly resulting in loss of control of the airplane.

(f) Compliance

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

(g) Replacement

    For airplanes that have accumulated more than 3,750 total flight 
cycles or have exceeded 74 months since the airplane's first flight 
as of the effective date of this AD: Within 9 months after the 
effective date of this AD, replace each spring having part number 
(P/N) 132100-19 and P/N 147100-19 installed on the pilot and co-
pilot seats with a spring as specified in, and in accordance with, 
the Accomplishment Instructions of the service information 
identified in paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this 
AD, as applicable. Repeat the replacement thereafter at intervals 
not to exceed 78 months or 3,750 flight cycles, whichever occurs 
first.
    (1) Dassault Service Bulletin F900-429, Revision 1, dated July 
13, 2012.
    (2) Dassault Service Bulletin F900EX-446, Revision 1, dated July 
13, 2012.
    (3) Dassault Service Bulletin F2000-401, Revision 1, dated July 
13, 2012.
    (4) Dassault Service Bulletin F2000EX-267, Revision 1, dated 
July 13, 2012.

(h) Parts Installation Limitation

    As of the effective date of this AD, installation of a spring 
having P/N 147100-19 or P/N 132100-19 on any airplane is allowed, 
provided that the spring is new.

(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, 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#a79e8ae6e9ea8a9696918ae6eae8e48af5e2f6f2e2f4f3f4e7c1c6c689c0c8d1"><span class="__cf_email__" data-cfemail="10293d515e5d3d2121263d515d5f533d4255414555434443507671713e777f66">[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.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency Airworthiness Directive 2014-0061, 
dated March 11, 2014, for related information. This MCAI may be 
found in the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 
by searching for and locating Docket No. FAA-2014-0657.

(k) 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 Service Bulletin F900-429, Revision 1, dated July 
13, 2012.
    (ii) Dassault Service Bulletin F900EX-446, Revision 1, dated 
July 13, 2012.
    (iii) Dassault Service Bulletin F2000-401, Revision 1, dated 
July 13, 2012.
    (iv) Dassault Service Bulletin F2000EX-267, Revision 1, dated 
July 13, 2012.
    (3) For service information identified in this AD, contact 
Dassault Falcon Jet Corporation, Teterboro Airport, 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>.


[[Page 26102]]


    Issued in Renton, Washington, on April 20, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-09800 Filed 4-29-16; 8:45 am]
 BILLING CODE 4910-13-P