[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Proposed Rules]
[Pages 39597-39600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14290]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3629; Directorate Identifier 2015-NM-011-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

-----------------------------------------------------------------------

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Dassault Aviation Model MYSTERE-FALCON 50, MYSTERE-
FALCON 900, FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes. The 
NPRM proposed to require modification of the anti-collision light 
bonding. The NPRM was prompted by a report of an in-flight lightning 
strike to the WHELEN anti-collision light located on the top of the 
vertical fin tip that caused severe damage and resulted in the loss of 
some airplane functions. This action revises the NPRM by clarifying the 
applicability. We are proposing this supplemental NPRM (SNPRM) to 
prevent loss of electrical power and essential airplane functions, and 
possible reduced control of the airplane. Since these actions impose an 
additional burden over those proposed in the NPRM, we are reopening the 
comment period to allow the public the chance to comment on these 
proposed changes.

DATES: We must receive comments on this SNPRM by August 1, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 SNPRM, contact Dassault 
Falcon Jet, 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-2015-
3629; 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 
Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

[[Page 39598]]


FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1139.

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-2015-3629; 
Directorate Identifier 2015-NM-011-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

    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 MYSTERE-FALCON 50, MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, 
and FALCON 2000EX airplanes. The NPRM published in the Federal Register 
on September 24, 2015 (80 FR 57545) (``the NPRM''). The NPRM was 
prompted by a report of an in-flight lightning strike to the WHELEN 
anti-collision light located on the top of the vertical fin tip that 
caused severe damage and induced the loss of some airplane functions. 
The NPRM proposed to require modification of the anti-collision light 
bonding.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, we have determined that we inadvertently 
referred to specific service information to identify affected airplanes 
in figure 1 to paragraph (c) of the proposed AD (in the NPRM). In order 
to clarify the applicability and identify the affected airplanes as 
specified in European Aviation Safety Agency (EASA) Airworthiness 
Directive 2015-0006, dated January 15, 2015, we have removed references 
to specific service information from the applicability of this proposed 
AD.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Airworthiness Directive 2015-0006, 
dated January 15, 2015 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Dassault Aviation Model MYSTERE-FALCON 50, 
MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, and FALCON 2000EX 
airplanes. The MCAI states:

    An occurrence was reported where a Falcon 2000 aeroplane 
experienced an in-flight lightning strike, which caused severe 
damage and induced the loss of some aeroplane functions. The 
investigation results revealed that the entering point of the 
lightning was at the WHELEN anti-collision light located on the top 
of the vertical fin tip.
    When the lightning strike hit the anti-collision light, an 
electric arc occurred between the aeroplane structure and the anti-
collision light and created a conductive path by which the lightning 
current entered inside the aeroplane. Further analysis has 
determined that the electrical bonding between the WHELEN anti-
collision light, Part Number (P/N) 01-0790044-09, and the fin tip 
fairing or the No. 2 engine air intake cover is insufficient to 
withstand a lightning strike.
    In case of severe lightning, this condition, if not corrected, 
could lead to an unsafe condition (loss of electrical power and/or 
of essential functions) possibly resulting in reduced control of the 
aeroplane.
    To address this potential unsafe condition, Dassault Aviation 
developed a modification (mod) to improve the WHELEN anti-collision 
light bonding when the anti-collision light is located on top of the 
vertical fin tip or on No. 2 engine air intake cover, and issued 
several Service Bulletins (SB) to modify all affected aeroplanes in 
service.
    For the reasons described above, this [EASA] AD requires 
modification of the anti-collision light bonding.

    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-2015-
3629.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued the following service information.
     Dassault Service Bulletin F50-481, Revision 1 (also 
referred to as 481-R1), dated January 26, 2015.
     Dassault Service Bulletin F900-372, Revision 1 (also 
referred to as 372-R1), dated January 26, 2015.
     Dassault Service Bulletin F900-378, Revision 1 (also 
referred to as 378-R1), dated January 26, 2015.
     Dassault Service Bulletin F900EX-285, Revision 1 (also 
referred to as 285-R1), dated January 26, 2015.
     Dassault Service Bulletin F900EX-305, Revision 1 (also 
referred to as 305-R1), dated January 26, 2015.
     Dassault Service Bulletin F2000-337, Revision 1 (also 
referred to as 337-R1), dated January 26, 2015.
     Dassault Service Bulletin F2000EX-108, Revision 1 (also 
referred to as 108-R1), dated January 26, 2015.
    The service information describes procedures for modifying the 
anti-collision light bonding. 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.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comments received.

Request To Address the Original Grimes Anti-Collision Light 
Installation

    An anonymous commenter stated that the NPRM should address the 
original Grimes anti-collision light installation. This commenter 
asserted that any aircraft with the original Grimes anti-collision 
light installation would still be vulnerable to inadequate bonding.
    We acknowledge the commenter's request. However, we are not aware 
of an unsafe condition associated with the original Grimes anti-
collision light installation. We have determined that an unsafe 
condition exists on WHELEN anti-collision light installations and must 
be addressed. If we determine that an unsafe condition exists in the 
Grimes anti-collision light installation, we might consider further 
rulemaking. We have not changed this SNPRM regarding this issue.

Request To Reference the Revised Service Information

    NetJets Aviation requested that we revise the NPRM to refer to 
revised service information for the actions specified in paragraph (g) 
of the proposed AD (in the NPRM). NetJets Aviation stated that all 
service information identified in paragraphs (g)(1) through (g)(7) of 
the proposed AD (in the NPRM) have been revised.
    We agree that this SNPRM should refer to the most current service 
information. We have changed paragraph (g) of this proposed AD to refer 
to the revised service information. We have also added a new paragraph 
(h) to this proposed AD to provide credit for actions done ``before the 
effective date of this AD'' using the originally referenced service 
information. We have redesignated subsequent paragraphs accordingly.

[[Page 39599]]

Additional Change Made to This SNPRM

    We have retitled table 1 to paragraph (c) of the proposed AD (in 
the NPRM) to figure 1 to paragraph (c) of this proposed AD to meet the 
requirements of the Office of the Federal Register. This change is for 
formatting purposes only.

FAA's Determination and Requirements of This SNPRM

    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 these 
same type designs.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 778 airplanes of U.S. registry.
    We also estimate that it would take about 12 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 $801 
per product. Based on these figures, we estimate the cost of this 
proposed AD on U.S. operators to be $1,416,738, or $1,821 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 adding the following new airworthiness 
directive (AD):

Dassault Aviation: Docket No. FAA-2015-3629; Directorate Identifier 
2015-NM-011-AD.

(a) Comments Due Date

    We must receive comments by August 1, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation airplanes, certificated in 
any category, identified in figure 1 to paragraph (c) of this AD.

                               Figure 1 to Paragraph (c) of This AD--Applicability
----------------------------------------------------------------------------------------------------------------
                                                                      \1\ Except airplanes modified through:
                                                                 -----------------------------------------------
             Airplanes                      Configuration          Dassault modification    Service bulletin in
                                                                  embodied in production          service
----------------------------------------------------------------------------------------------------------------
Dassault Aviation Model MYSTERE-     M1853 is embodied in         \2\ M2083 or M3094....  Dassault Service
 FALCON 50 airplanes.                 production or in service                             Bulletin
                                      through Dassault Service                             F50[dash]257.
                                      Bulletin F50-241.
Dassault Aviation Model MYSTERE-     \3\ Group 1: M1682 is        M5381.................  Not Applicable.
 FALCON 900 airplanes.                embodied in production or
                                      in service through
                                      Dassault Service Bulletin
                                      F900-182.
                                     \4\ Group 2: M1682 is        M5386.................  Not Applicable.
                                      embodied in production or
                                      in service through
                                      Dassault Service Bulletin
                                      F900-182 and Modification
                                      M1947 is embodied in
                                      production or in service
                                      through Dassault Service
                                      Bulletin F900-176.
Dassault Aviation Model FALCON       Group 1: M1682 is embodied   M5381.................  Not Applicable.
 900EX airplanes.                     in production or in
                                      service through Dassault
                                      Service Bulletin F900EX-
                                      025.
                                     Group 2: M1682 is embodied   M5103 or M5386........  Not Applicable.
                                      in production or in
                                      service through Dassault
                                      Service Bulletin F900EX-
                                      025 and Modification M1947
                                      is embodied in production
                                      or in service through
                                      Dassault Service Bulletin
                                      F900EX-19.

[[Page 39600]]

 
Dassault Aviation Model FALCON 2000  M331 is embodied in          M810 or M1061 or M2778  Dassault Service
 airplanes.                           production or in service                             Bulletin F2000-111.
                                      through Dassault Service
                                      Bulletin F2000-44.
Dassault Aviation Model FALCON       M1802 is embodied in         M810 or M1061 or M2778  Not Applicable.
 2000EX airplanes.                    production..
----------------------------------------------------------------------------------------------------------------
\1\ The excluded airplanes, as specified in figure 1 to paragraph (c) of this AD--Applicability, embody either
  one modification in production or one service bulletin in service, as applicable.
\2\ Modification M2083, Dassault Service Bulletin F50-257, Modification M1947, Dassault Service Bulletin F900-
  176, Dassault Service Bulletin F900EX-19, Modification M5103, as applicable, introduce fin tip SATCOM fairing,
  in production or in service.
\3\ Group 1: Airplanes with WHELEN anti-collision light located on top of vertical fin tip.
\4\ Group 2: Airplanes with WHELEN anti-collision light located on top of air intake engine No. 2.

(d) Subject

    Air Transport Association (ATA) of America Code 33, Lights.

(e) Reason

    This AD was prompted by a report of an in-flight lightning 
strike to the WHELEN anti-collision light located on the top of the 
vertical fin tip that caused severe damage and resulted in the loss 
of some airplane functions. We are issuing this AD to prevent loss 
of electrical power and essential airplane functions, and possible 
reduced control of the airplane.

(f) Compliance

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

(g) Modification

    Within 24 months after the effective date of this AD, modify the 
anti-collision light bonding, in accordance with the Accomplishment 
Instructions of the applicable service information specified in 
paragraphs (g)(1) through (g)(7) of this AD.
    (1) For Model MYSTERE-FALCON 50 airplanes: Dassault Service 
Bulletin F50-481, Revision 1 (also referred to as 481-R1), dated 
January 26, 2015.
    (2) For Model MYSTERE-FALCON 900 airplanes with the WHELEN 
system installed on the fin tip: Dassault Service Bulletin F900-372, 
Revision 1 (also referred to as 372-R1), dated January 26, 2015.
    (3) For Model MYSTERE-FALCON 900 airplanes with the WHELEN 
system installed on the S-duct cowl: Dassault Service Bulletin F900-
378, Revision 1 (also referred to as 378-R1), dated January 26, 
2015.
    (4) For Model FALCON 900EX airplanes with the WHELEN system 
installed on the fin tip: Dassault Service Bulletin F900EX-285, 
Revision 1 (also referred to as 285-R1), dated January 26, 2015.
    (5) For Model FALCON 900EX airplanes with the WHELEN system 
installed on the S-duct cowl: Dassault Service Bulletin F900EX-305, 
Revision 1 (also referred to as 305-R1), dated January 26, 2015.
    (6) For Model FALCON 2000 airplanes: Dassault Service Bulletin 
F2000-337, Revision 1 (also referred to as 337-R1), dated January 
26, 2015.
    (7) For Model FALCON 2000EX airplanes: Dassault Service Bulletin 
F2000EX-108, Revision 1 (also referred to as 108-R1), dated January 
26, 2015.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by the 
introductory text of paragraph (g) of this AD, if those actions were 
performed before the effective date of this AD using the applicable 
service information identified in paragraphs (h)(1) through (h)(7) 
of this AD. This service information is not incorporated by 
reference in this AD.
    (1) For Model MYSTERE-FALCON 50 airplanes: Dassault Service 
Bulletin F50-481, dated August 22, 2007.
    (2) For Model MYSTERE-FALCON 900 airplanes with the WHELEN 
system installed on the fin tip: Dassault Service Bulletin F900-372, 
dated August 22, 2007.
    (3) For Model MYSTERE-FALCON 900 airplanes with the WHELEN 
system installed on the S-duct cowl: Dassault Service Bulletin F900-
378, dated September 19, 2007.
    (4) For Model FALCON 900EX airplanes with the WHELEN system 
installed on the fin tip: Dassault Service Bulletin F900EX-285, 
dated July 18, 2007.
    (5) For Model FALCON 900EX airplanes with the WHELEN system 
installed on the S-duct cowl: Dassault Service Bulletin F900EX-305, 
dated September 19, 2007.
    (6) For Model FALCON 2000 airplanes: Dassault Service Bulletin 
F2000-337, dated July 25, 2007.
    (7) For Model FALCON 2000EX airplanes: Dassault Service Bulletin 
F2000EX-108, dated July 25, 2007.

(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 425-227-1139. Information 
may be emailed to: [email protected]. 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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0006, dated January 15, 
2015, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-3629.
    (2) For service information identified in this AD, contact 
Dassault Falcon Jet, 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 June 3, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-14290 Filed 6-16-16; 8:45 am]
 BILLING CODE 4910-13-P