[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Proposed Rules]
[Pages 18753-18756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09006]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0359; Product Identifier 2018-NM-040-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 more restrictive maintenance 
requirements and airworthiness limitations are necessary. This proposed 
AD would require revising the maintenance or inspection program, as 
applicable, to incorporate new and more restrictive maintenance 
requirements and 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 June 14, 2018.

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.

[[Page 18754]]

     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 service information at the 
FAA, Transport Standards Branch, 2200 South 216th Street, Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

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-2018-
0359; 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 NPRM, 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 Section, Transport Standards Branch, FAA, 2200 South 
216th Street, Des Moines, WA 98198; telephone and fax 206-231-3226.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0359; 
Product Identifier 2018-NM-040-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

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 2018-0027, dated January 30, 2018 (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 certification maintenance 
instructions for the Dassault Myst[egrave]re-Falcon 900 aeroplanes, 
which are approved by EASA, are currently defined and published in 
the Dassault Myst[egrave]re-Falcon 900 [airplane maintenance manual] 
AMM chapter 5-40. These instructions have been identified as 
mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition [i.e., reduced structural integrity of the 
airplane].
    Consequently, EASA issued AD 2016-0127 [which corresponds to FAA 
AD 2017-19-03 Amendment 39-19033 (82 FR 43166, September 14, 2017) 
(``AD 2017-19-03'')] to require accomplishment of the maintenance 
tasks, and implementation of the airworthiness limitations, as 
specified in Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40 
Revision 22.
    Since that [EASA] AD was issued, Dassault issued Revision 23 of 
the Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40, which 
introduces new and more restrictive maintenance requirements and/or 
airworthiness limitations.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2016-0127, which is superseded, and requires 
accomplishment of the actions specified in Revision 23 of the 
Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40 * * *.

    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-2018-
0359.

Relationship Between Proposed AD and Certain Other ADs

    This NPRM would not supersede AD 2017-19-03. Rather, we have 
determined that a stand-alone AD would be more appropriate to address 
the changes in the MCAI. This NPRM would require revising the 
maintenance or inspection program to incorporate the new maintenance 
requirements and airworthiness limitations. Accomplishment of the 
proposed actions would then terminate all requirements of AD 2017-19-
03. Accomplishment of the proposed actions would also terminate all 
requirements of AD 2016-01-16, Amendment 39-18376 (81 FR 3320, January 
21, 2016) (``AD 2016-01-16'') and certain requirements of AD 2010-26-
05, Amendment 39-16544 (75 FR 79952, December 21, 2010) (``AD 2010-26-
05''), for Dassault Aviation Model MYSTERE-FALCON 900 airplanes.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40, Airworthiness 
Limitations, Revision 23, dated September 2017, of the Dassault 
Aviation Falcon 900 Maintenance Manual. This 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 designs.
    This proposed AD requires revisions to certain operator maintenance 
documents. Compliance with these revisions are 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 damage tolerance of the affected structure.

Difference Between the MCAI and This Proposed AD

    The MCAI specifies that if there are findings from the ALS 
inspection tasks, corrective actions must be accomplished in accordance 
with Dassault Aviation maintenance documentation. However, this 
proposed AD does not include that requirement. Operators of U.S.-

[[Page 18755]]

registered airplanes are required by general airworthiness and 
operational regulations to perform maintenance using methods that are 
acceptable to the FAA. We consider those methods to be adequate to 
address any corrective actions necessitated by the findings of ALS 
inspections required by this proposed AD.

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:
    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, we estimate the total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

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-2018-0359; Product Identifier 
2018-NM-040-AD.

(a) Comments Due Date

    We must receive comments by June 14, 2018.

(b) Affected ADs

    This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952, 
December 21, 2010) (``AD 2010-26-05''); AD 2016-01-16, Amendment 39-
18376 (81 FR 3320, January 21, 2016) (``AD 2016-01-16''); and AD 
2017-19-03, Amendment 39-19033 (82 FR 43166, September 14, 2017) 
(``AD 2017-19-03'').

(c) Applicability

    This AD applies to Dassault Aviation Model MYSTERE-FALCON 900 
airplanes, all serial numbers; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance requirements and 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 23, dated September 2017, of the Dassault Aviation Falcon 
900 Maintenance Manual. The initial compliance times for doing the 
tasks are at the time specified in Chapter 5-40, Airworthiness 
Limitations, Revision 23, dated September 2017, of the Dassault 
Aviation Falcon 900 Maintenance Manual, or within 90 days after the 
effective date of this AD, whichever occurs later. The term ``LDG'' 
in the ``First Inspection'' column of any table in the service 
information specified in this paragraph means total airplane 
landings. The term ``FH'' in the ``First Inspection'' column of any 
table in the service information specified in this paragraph means 
total flight hours. The term ``FC'' in the ``First Inspection'' 
column of any table in the service information specified in this 
paragraph means total flight cycles. The term ``M'' in the ``First 
Inspection'' column of any table in the service information 
specified in this paragraph means months.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
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 procedures specified in paragraph 
(j)(1) of this AD.

(i) Terminating Actions for Other ADs

    (1) Accomplishing the actions required by paragraph (g) of this 
AD terminates all requirements of AD 2017-19-03 and AD 2016-01-16.
    (2) Accomplishing the actions required by paragraph (g) of this 
AD terminates the requirements of paragraph (g)(1) of AD 2010-26-05, 
for Dassault Aviation Model MYSTERE-FALCON 900 airplanes.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this

[[Page 18756]]

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 Section, 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 
Section, Transport Standards Branch, 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 2018-0027, dated January 30, 
2018, 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-2018-0359.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
telephone and fax 206-231-3226.
    (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 Standards Branch, 2200 South 216th Street, Des 
Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on April 20, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-09006 Filed 4-27-18; 8:45 am]
BILLING CODE 4910-13-P