[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Rules and Regulations]
[Pages 21469-21471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09323]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9303; Directorate Identifier 2016-NM-093-AD; 
Amendment 39-18875; AD 2017-10-01]
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 FAN JET FALCON airplanes; all Model FAN JET 
FALCON SERIES C, D, E, F, and G airplanes; and all Model MYSTERE-FALCON 
20-C5, 20-D5, 20-E5, and 20-F5 airplanes. This AD was prompted by a 
determination that inspections for discrepancies of the fuselage 
bulkhead are necessary. This AD requires repetitive inspections for 
discrepancies of the fuselage bulkhead, and repair if

[[Page 21470]]

necessary. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective June 13, 2017.

ADDRESSES: 

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-
9303; 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 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 all Dassault Aviation Model 
FAN JET FALCON airplanes; all Model FAN JET FALCON SERIES C, D, E, F, 
and G airplanes; and all Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 
20-F5 airplanes. The NPRM published in the Federal Register on November 
1, 2016 (81 FR 75757) (``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 2016-0096, dated May 19, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
Model FAN JET FALCON airplanes; all Model FAN JET FALCON SERIES C, D, 
E, F, and G airplanes; and all Model MYSTERE-FALCON 20-C5, 20-D5, 20-
E5, and 20-F5 airplanes. The MCAI states:

    A detailed inspection (DET) of the fuselage bulkhead at frame 
(FR) 33 is established through a subset of inspection/check 
maintenance procedure referenced in the applicable aircraft 
maintenance manual (AMM), task 53-10-0-6 ``MAIN FRAME--INSPECTION/
CHECK'', with periodicity established in Chapter 5-10, at every C-
Check. Failure to accomplish this DET could lead to deterioration of 
the affected structure.
    This condition, if not detected and corrected, could lead to 
bulkhead failure, possibly resulting in a rapid depressurization of 
the aeroplane and consequent injury to occupants.
    For the reasons described above, this [EASA] AD requires 
repetitive DET of the bulkhead at FR33 [for discrepancies, such as 
buckling, deformations, cracks, loose countersinks, scratches, 
dents, and corrosion], and depending on findings, repair of the 
affected structure.

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-
9303.

Comments

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

Request To Reduce Compliance Time

    The commenter, Mark Reiner, asked that the compliance time for the 
repetitive inspections required by paragraph (g) of the proposed AD be 
reduced from 5,000 to 2,500 flight cycles. The commenter reasoned that 
since so many airplanes are flying around the world and accumulating 
numerous flight cycles, the chances of problems occurring on an 
airplane are greatly increased.
    We do not agree with the commenter's request. In developing an 
appropriate compliance time for this action, we considered not only the 
degree of urgency associated with addressing the subject unsafe 
condition, but the manufacturer's recommendation for an appropriate 
compliance time, and the practical aspect of accomplishing the 
inspections within an interval of time that corresponds to the typical 
scheduled maintenance for the majority of affected operators. Further, 
we determined that the compliance time recommended by the manufacturer 
and EASA, and the time required for the rulemaking process provide an 
acceptable level of safety. Therefore, we have not changed this AD in 
this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed, except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 133 airplanes of U.S. registry.
    We also estimate that it takes about 8 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD on U.S. operators to be $90,440, or $680 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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

[[Page 21471]]

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):

2017-10-01 Dassault Aviation: Amendment 39-18875; Docket No. FAA-
2016-9303; Directorate Identifier 2016-NM-093-AD.

(a) Effective Date

    This AD is effective June 13, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Dassault Aviation airplanes specified in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category, all manufacturer serial numbers.
    (1) Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, 
and G airplanes.
    (2) Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a determination that inspections for 
discrepancies of the fuselage bulkhead at frame (FR) 33 are 
necessary. We are issuing this AD to detect and correct 
discrepancies of the fuselage bulkhead; such discrepancies could 
result in the deterioration and subsequent failure of the bulkhead, 
which could result in rapid decompression of the airplane and 
consequent injury to occupants.

(f) Compliance

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

(g) Repetitive Inspections

    Before exceeding 5,000 total flight cycles since first flight of 
the airplane, or within 500 flight cycles after the effective date 
of this AD, whichever occurs later: Do a detailed inspection for 
discrepancies of the fuselage bulkhead at FR 33 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. Repeat the inspection thereafter at intervals 
not to exceed 5,000 flight cycles.

(h) Repair

    If any discrepancy is found during any inspection required by 
paragraph (g) of this AD: Before further flight, repair using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the EASA; or Dassault 
Aviation's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature. Repair of an airplane as 
required by this paragraph does not constitute terminating action 
for the repetitive actions required by paragraph (g) of this AD, 
unless specified otherwise in the repair instructions.

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

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2016-0096, dated May 19, 2016, 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-2016-9303.

(k) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on May 1, 2017.

Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-09323 Filed 5-8-17; 8:45 am]
BILLING CODE 4910-13-P