[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23206-23208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09005]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5464; Directorate Identifier 2015-NM-097-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 supersede Airworthiness Directive (AD) 2011-10-
01, for all Dassault Aviation Model FALCON 7X airplanes. AD 2011-10-01 
currently requires repetitive functional tests of the ram air turbine 
(RAT) heater and repair if necessary. Since we issued AD 2011-10-01, we 
received a revision of an airworthiness limitations items (ALI) 
document, which introduces new and more restrictive maintenance 
requirements and airworthiness limitations for airplane structures and 
systems. This proposed AD would require revising the maintenance or 
inspection program to incorporate new maintenance requirements and 
airworthiness limitations. We are proposing this AD to prevent reduced 
structural integrity and reduced control of these airplanes due to the 
failure of system components.

DATES: We must receive comments on this proposed AD by June 6, 2016.

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: 202-493-2251.
     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 NPRM, contact Dassault 
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South 
Hackensack, NJ 07606; telephone: 201-440-6700; Internet: http://www.dassaultfalcon.com. 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5464; 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 proposed 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. 
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 425-227-1137; 
fax 425-227-1149.

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-2016-5464; 
Directorate Identifier 2015-NM-097-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

    On April 20, 2011, we issued AD 2011-10-01, Amendment 39-16682 (76 
FR 25535, May 5, 2011). AD 2011-10-01 requires actions intended to 
address an unsafe condition on all Dassault Aviation Model FALCON 7X 
airplanes. Since we issued AD 2011-10-01, we received a revision of an 
ALI document, Chapter 5-40-00, Airworthiness Limitations, DGT 107838, 
Revision 4, dated February 2, 2015, of the Dassault Falcon 7X 
Maintenance Manual, which introduces new and more restrictive 
maintenance requirements and airworthiness limitations.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive AD 2015-0095, dated May 29, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
FALCON 7X airplanes. The MCAI states:

    The airworthiness limitations and maintenance requirements for 
the FALCON 7X type design are included in Dassault Aviation FALCON 
7X Aircraft Maintenance Manual (AMM) chapter 5-40 and are approved 
by EASA. To ensure accomplishment of the maintenance tasks, and 
implementation of the airworthiness limitations, as specified in 
Dassault Aviation FALCON 7X AMM chapter 5-40 original issue, 
including temporary revision (TR) TR-01, EASA issued AD 2008-0221 
[http://ad.easa.europa.eu/ad/2008-0221].
    Since that [EASA] AD was issued, Dassault Aviation issued 
revision 4 of the FALCON 7X AMM chapter 5-40, which introduces new 
and more restrictive maintenance requirements and/or airworthiness 
limitations.
    Dassault Aviation AMM chapter 5-40 revision 4 contains, among 
others, the following changes:

--Fatigue and Damage tolerance airworthiness limitations,
--Miscellaneous Certification Maintenance Requirements and 
Airworthiness Limitation Items,
--Periodic restoration of the DC generators (this action was 
required by EASA AD 2009-0254) [http://ad.easa.europa.eu/ad/2009-0254],
--Functional test of the Ram Air Turbine heater (this action was 
required by EASA AD 2010-0033) [http://ad.easa.europa.eu/ad/2010-0233] [which corresponds to FAA AD 2011-10-01, Amendment 39-16682 
(76 FR 25535, May 5, 2011)],

[[Page 23207]]

--Special detailed fatigue inspection of fastener holes at front 
spar/wing lower panel connections at RIB 26,
--Operational test of the IRS3 power supply weight-on- wheel logic,
--Inspection of the interface between wheel keys and brake inboard 
rotor,
--Operational test of the Horizontal Stabilizer Trim Actuator (HSTA) 
electrical motor reversion,
--Operational test of the HSTA trim emergency command,
--Detailed inspection of the brake heat sink.

    The maintenance tasks and airworthiness limitations, as 
specified in the FALCON 7X AMM chapter 5-40, have been identified as 
mandatory actions for continued airworthiness of the FALCON 7X type 
design. Failure to accomplish the actions specified in AMM chapter 
5-40 at revision 4 may result in an unsafe condition.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2009-0254 and EASA AD 2010-0033, which are 
superseded, and requires accomplishment of the maintenance tasks and 
airworthiness limitations, as specified in Dassault Aviation FALCON 
7X AMM chapter 5-40 at revision 4.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5464.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections) and/or Critical 
Design Configuration Control Limitations (CDCCLs). Compliance with 
these actions and/or CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(k)(1) of this proposed AD. The request should include a description of 
changes to the required inspections that will ensure the continued 
operational safety of the airplane.
    Notwithstanding any other maintenance or operational requirements, 
components that have been identified as airworthy or installed on the 
affected airplanes before accomplishing the revision of the airplane 
maintenance or inspection program specified in this proposed AD, do not 
need to be reworked in accordance with the CDCCLs. However, once the 
airplane maintenance or inspection program or airworthiness limitations 
section (ALS) has been revised as required by this proposed AD, future 
maintenance actions on these components must be done in accordance with 
the CDCCLs.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation issued Chapter 5-40-00, Airworthiness 
Limitations, DGT 107838, Revision 4, dated February 2, 2015, of the 
Dassault Falcon 7X Maintenance Manual, which introduces new and more 
restrictive maintenance requirements and airworthiness limitations for 
airplane structures and systems. 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.

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

    We estimate that this proposed AD affects 45 airplanes of U.S. 
registry.
    The actions required by AD 2011-10-01, Amendment 39-16682 (76 FR 
25535, May 5, 2011), and retained in this proposed AD take about 1 
work-hour per product, at an average labor rate of $85 per work-hour. 
Based on these figures, the estimated cost of the actions that are 
required by AD 2011-10-01 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $3,825, 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 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 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.

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

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 removing Airworthiness Directive (AD) 
2011-10-01, Amendment 39-16682 (76 FR 25535, May 5, 2011), and adding 
the following new AD:

Dassault Aviation: Docket No. FAA-2016-5464; Directorate Identifier 
2015-NM-097-AD.

[[Page 23208]]

(a) Comments Due Date

    We must receive comments by June 6, 2016.

(b) Affected ADs

    This AD replaces AD 2011-10-01, Amendment 39-16682 (76 FR 25535, 
May 5, 2011). This AD affects AD 2014-16-23, Amendment 39-17947 (79 
FR 52545, September 4, 2014).

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a revision of an airworthiness 
limitations items (ALI) document, which introduces new and more 
restrictive maintenance requirements and airworthiness limitations 
for airplane structures and systems. We are issuing this AD to 
prevent reduced structural integrity and reduced control of these 
airplanes due to the failure of system components.

(f) Compliance

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

(g) Retained Functional Test of the Ram Air Turbine (RAT) Heater With 
New Terminating Action and With Specific Delegation Approval Language

    This paragraph restates the requirements of paragraph (g) of AD 
2011-10-01, Amendment 39-16682 (76 FR 25535, May 5, 2011), with new 
terminating action and with specific delegation approval language. 
At the applicable times specified in paragraph (g)(1) or (g)(2) of 
this AD, do a functional test of the RAT heater using a method 
approved by either 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). Repeat the functional test of the RAT heater 
thereafter at the applicable time specified in paragraph (g)(1) or 
(g)(2) of this AD until the revision required by paragraph (h) of 
this AD is done. If any functional test fails, before further 
flight, repair using a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or EASA; or Dassault Aviation's EASA DOA.
    (1) For FALCON 7X airplanes on which modification M0305 has not 
been done and on which Dassault Service Bulletin 7X-018, dated March 
6, 2009, has not been done: Within 650 flight hours after the 
effective date of this AD, do a functional test of the RAT heater 
and repeat the functional test of the RAT heater thereafter at 
intervals not to exceed 650 flight hours.
    (2) For FALCON 7X airplanes on which modification M0305 has been 
done or on which Dassault Service Bulletin 7X-018, dated March 6, 
2009, has been done: Within 1,900 flight hours after June 9, 2011 
(the effective date of AD 2011-10-01, Amendment 39-16682 (76 FR 
25535, May 5, 2011)) or after modification M0305 or Dassault Service 
Bulletin 7X-018, dated March 6, 2009, has been done, whichever 
occurs later, do a functional test of the RAT heater. Repeat the 
functional test of the RAT heater thereafter at intervals not to 
exceed 1,900 flight hours.

    Note 1 to paragraph (g) of this AD: Additional guidance for 
doing the functional test of the RAT heater required by paragraph 
(g) of this AD can be found in Task 24-50-25-720-801, Functional 
Test of the RAT Heater, dated January 16, 2009, of the Dassault 
FALCON 7X Aircraft Maintenance Manual (AMM).

(h) New Requirement of This AD: Revise the Maintenance or Inspection 
Program

    Within 30 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, by incorporating 
the information specified in Chapter 5-40-00, Airworthiness 
Limitations, DGT 107838, Revision 4, dated February 2, 2015, of the 
Dassault Falcon 7X Maintenance Manual (MM). The initial compliance 
times for the tasks specified in Chapter 5-40-00, Airworthiness 
Limitations, DGT 107838, Revision 4, dated February 2, 2015, of the 
Dassault Falcon 7X MM are at the applicable compliance times 
specified in Chapter 5-40-00, Airworthiness Limitations, DGT 107838, 
Revision 4, dated February 2, 2015, of the Dassault Falcon 7X MM, or 
within 30 days after the effective date of this AD, whichever occurs 
later.

(i) Terminating Actions

    (1) Accomplishment of the revision required by paragraph (h) of 
this AD terminates the requirements of paragraph (g) of this AD.
    (2) Accomplishment of the revision required by paragraph (h) of 
this AD terminates the requirements of paragraph (q) of AD 2014-16-
23, Amendment 39-17947 (79 FR 52545, September 4, 2014).

(j) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After the maintenance or inspection program, as applicable, has 
been revised as required by paragraph (h) of this AD, no alternative 
actions (e.g., inspections), intervals, and/or CDCCLs may be used 
unless the actions, intervals, and/or CDCCLs are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (k)(1) of this AD.

(k) 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: [email protected].
    (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 EASA; or 
Dassault Aviation's EASA DOA. If approved by the DOA, the approval 
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2015-0095, dated May 29, 2015, for related 
information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2016-5464.
    (2) 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: 
http://www.dassaultfalcon.com. 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.

    Issued in Renton, Washington, on April 13, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-09005 Filed 4-19-16; 8:45 am]
 BILLING CODE 4910-13-P