[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Proposed Rules]
[Pages 25980-25983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11261]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0525; Directorate Identifier 2016-NM-121-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 adopt a new airworthiness directive (AD) for all 
Dassault Aviation Model MYSTERE-FALCON 900 airplanes. This proposed AD 
was prompted by a determination that new or more restrictive 
maintenance requirements and/or airworthiness limitations are 
necessary. This proposed AD would require revising the maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive maintenance requirements and/or airworthiness limitations. 
We are proposing this AD to address the unsafe condition on these 
products.

DATES: We must receive comments on this proposed AD by July 21, 2017.

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: Deliver to Mail address above 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-2017-
0525; 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

[[Page 25981]]

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-2017-0525; 
Directorate Identifier 2016-NM-121-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2016-0127, dated June 23, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
Model MYSTERE-FALCON 900 airplanes. The MCAI states:

    The airworthiness limitations and maintenance requirements for 
the DA [Dassault Aviation] Myst[egrave]re-Falcon 900 type design are 
included in Aircraft Maintenance Manual (AMM) chapter 5-40 and are 
approved by the European Aviation Safety Agency (EASA). These 
instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Consequently, EASA issued AD 2013-0053 [which corresponds with 
AD 2016-01-16, Amendment 39-18376 (81 FR 3320, January 21, 2016) 
(``AD 2016-01-16'')] to require accomplishment of the maintenance 
tasks, and implementation of the airworthiness limitations, as 
specified in DA Myst[egrave]re-Falcon 900 AMM chapter 5-40 (DGT 
113873) at revision 20.
    Since that [EASA] AD was issued, DA issued revision 22 of 
Myst[egrave]re-Falcon 900 AMM chapter 5-40 (DGT 113873) (hereafter 
referred to as ``the ALS'' in this [EASA] AD), which contains new or 
more restrictive maintenance requirements and/or airworthiness 
limitations. The ALS introduces, among others, the following new 
tasks:

--Task 53-40-07-280-803 ``Special detailed inspection of the 
repaired areas on centre-wing lower panel'';
--Task 53-50-00-220-803 ``Detailed inspection of the baggage 
compartment'';
--Task 53-50-00-220-807 ``Detailed inspection of the upper part of 
frame 30.''

    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2013-0053, which is superseded, and requires 
accomplishment of the actions specified in the ALS.

    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-2017-
0525.

Related Service Information Under 1 CFR Part 51

    Dassault issued Chapter 5-40, Airworthiness Limitations, Revision 
22, dated December 2015, of the Dassault Aviation Falcon 900 
Maintenance Manual. The service information describes procedures, 
maintenance tasks, and airworthiness limitations specified in the 
Airworthiness Limitations section (ALS) of the AMM. 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.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions 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 
(j)(1) of this proposed AD. The request should include a description of 
changes to the required actions that will ensure the continued 
operational safety of the airplane.
    This proposed AD would not supersede AD 2016-01-16. Rather, we have 
determined that a stand-alone AD would be more appropriate to address 
the changes in the MCAI. This proposed AD would require revising the 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive maintenance requirements and/or airworthiness 
limitations than those required by AD 2016-01-16. Accomplishment of the 
proposed actions would then terminate all the requirements of AD 2016-
01-16.

Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the 
applicability of ADs that require incorporation of an ALS revision into 
an operator's maintenance or inspection program.
    Typically, when these types of ADs are issued by civil aviation 
authorities of other countries, they apply to all airplanes covered 
under an identified type certificate (TC). The corresponding FAA AD 
typically retains applicability to all of those airplanes.
    In addition, U.S. operators must operate their airplanes in an 
airworthy condition, in accordance with 14 CFR 91.7(a). Included in 
this obligation is the requirement to perform any maintenance or 
inspections specified in the ALS, and in accordance with the ALS as 
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been 
approved by the FAA.
    When a type certificate is issued for a type design, the specific 
ALS, including revisions, is a part of that type design, as specified 
in 14 CFR 21.31(c).
    The sum effect of these operational and maintenance requirements is 
an obligation to comply with the ALS defined in the type design 
referenced in the manufacturer's conformity statement. This obligation 
may introduce a conflict with an AD that requires a specific ALS 
revision if new airplanes are delivered with a later revision as part 
of their type design.
    To address this conflict, the FAA has approved alternative methods 
of compliance (AMOCs) that allow operators to incorporate the most 
recent ALS revision into their maintenance/inspection programs, in lieu 
of the ALS revision required by the AD. This eliminates the conflict 
and enables the operator to comply with both the AD and the type 
design.
    However, compliance with AMOCs is normally optional, and we 
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection 
programs, including those for new airplanes delivered with later ALS 
revisions, to

[[Page 25982]]

help standardize the maintenance of the fleet. To ensure that operators 
comply with the applicable ALS revision for newly delivered airplanes 
containing a later revision than that specified in an AD, we plan to 
limit the applicability of ADs that mandate ALS revisions to those 
airplanes that are subject to an earlier revision of the ALS, either as 
part of the type design or as mandated by an earlier AD. This proposed 
AD therefore applies Dassault Aviation Model MYSTERE-FALCON 900 
airplanes with an original certificate of airworthiness or original 
export certificate of airworthiness that was issued on or before the 
date of approval of the ALS revision identified in this proposed AD. 
Operators of airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued after that date 
must comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet.

Costs of Compliance

    We estimate that this proposed AD affects 65 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per      Cost on  U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Maintenance or inspection program     1 work-hour x $85 per                $0              $85           $5,525
 revision.                             hour = $85.
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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-2017-0525; Directorate Identifier 
2016-NM-121-AD.

(a) Comments Due Date

    We must receive comments by July 21, 2017.

(b) Affected ADs

    This AD affects AD 2016-01-16, Amendment 39-18376 (81 FR 3320, 
January 21, 2016) (``AD 2016-01-16'').

(c) Applicability

    This AD applies to all Dassault Aviation MYSTERE-FALCON 900 
airplanes, certificated in any category, with an original 
certificate of airworthiness or original export certificate of 
airworthiness issued on or before December 1, 2015.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive maintenance requirements and/or airworthiness 
limitations are necessary. We are issuing this AD to prevent reduced 
structural integrity of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Chapter 5-40, Airworthiness Limitations, 
Revision 22, dated December 2015, of the Dassault Aviation Falcon 
900 Maintenance Manual. The initial compliance time for 
accomplishing the actions specified in Chapter 5-40, Airworthiness 
Limitations, Revision 22, dated December 2015, of the Dassault 
Aviation Falcon 900 Maintenance Manual, is within the applicable 
times specified in the maintenance manual, or within 90 days after 
the effective date of this AD, whichever occurs later, except as 
provided by paragraphs (g)(1) through (g)(4) of this AD.
    (1) The term ``LDG'' in the ``First Inspection'' column of any 
table in the service information means total airplane landings.
    (2) The term ``FH'' in the ``First Inspection'' column of any 
table in the service information means total flight hours.
    (3) The term ``FC'' in the ``First Inspection'' column of any 
table in the service information means total flight cycles.
    (4) The term ``M'' in the ``First Inspection'' column of any 
table in the service information means months.

(h) No Alternative Actions and Intervals

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the

[[Page 25983]]

procedures specified in paragraph (j)(1) of this AD.

(i) Terminating Action

    Accomplishing paragraph (g) of this AD terminates all the 
requirements of AD 2016-01-16.

(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 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 manager of the International Branch, send it to the 
attention of the person identified in paragraph (k)(2) of this AD. 
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 
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 2016-0127, dated June 23, 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-2017-0525.
    (2) For more information about this AD, 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.
    (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 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 May 23, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-11261 Filed 6-5-17; 8:45 am]
BILLING CODE 4910-13-P