[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Proposed Rules]
[Pages 39628-39630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16732]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0706; Product Identifier 2018-NM-086-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 
certain Dassault Aviation Model FAN JET FALCON, and FAN JET FALCON 
SERIES C, D, E, F, and G airplanes. This proposed AD was prompted by a 
determination of the need for a revision to the airplane airworthiness 
limitations to introduce changes to the maintenance requirements and 
airworthiness limitations. This proposed AD would require revising the 
maintenance or inspection program, as applicable, to incorporate new 
airworthiness limitations and maintenance requirements. We are 
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 24, 
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.
     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 St., 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-
0706; or in person at Docket Operations 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 Docket Operations (phone: 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 St., 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-2018-0706; 
Product Identifier 2018-NM-086-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 because 
of 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 AD 
2018-0083, dated April 16, 2018 (referred to after

[[Page 39629]]

this as the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), to correct an unsafe condition for certain Dassault Aviation 
Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G 
airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance 
instructions for the Dassault Fan Jet Falcon aeroplanes, which are 
approved by EASA, are currently defined and published in the 
Dassault Fan Jet Falcon Aircraft 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 [among other things, fatigue cracking and damage in 
principal structural elements; such fatigue cracking and damage 
could result in reduced structural integrity of the airplane].
    Consequently, EASA issued AD 2014-0021 [which corresponds to FAA 
AD 2014-26-07, Amendment 39-18058 (80 FR 2815, January 21, 2015) 
(``AD 2014-26-07'')] to require accomplishment of the maintenance 
tasks, and implementation of the airworthiness limitations, as 
specified in Dassault Fan Jet Falcon AMM chapter 5-40 Revision 15.
    Since that [EASA] AD was issued, Dassault issued Revision 17 of 
the Dassault Fan Jet Falcon 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 2014-0021, which is superseded, and requires 
accomplishment of the actions specified in Revision 17 of the 
Dassault Fan Jet Falcon AMM chapter 5-40, (hereafter referred to as 
`the ALS' in this [EASA] AD).

    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-
0706.

Relationship Between Proposed AD and AD 2014-26-07

    This NPRM does not propose to supersede AD 2014-26-07. 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 airworthiness limitations and maintenance requirements. 
Accomplishment of the proposed actions would then terminate all of the 
requirements of AD 2014-26-07.

Related Service Information Under 1 CFR Part 51

    Dassault has issued Chapter 5-40, Airworthiness Limitations, DGT 
131028, Revision 17, dated September 2017, of the Dassault Aviation 
Falcon 20 Maintenance Manual. This service information includes life 
limits for certain components, including the engine front mounts and 
the legs of the nose landing gear and main landing gear. In addition, 
this service information describes maintenance tasks for, among other 
systems, the air conditioning system and the passenger/crew door 
warning system. 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

    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 the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the maintenance or 
inspection program, as applicable, to include new airworthiness 
limitations and maintenance requirements.
    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 inspections that will ensure the continued 
operational safety of the airplane.

Differences Between This Proposed AD and the MCAI

    The MCAI specifies that if there are findings from the 
airworthiness limitations section (ALS) tasks, corrective actions must 
be accomplished in accordance with Dassault maintenance documentation. 
However, this proposed AD does not include that requirement. Operators 
of U.S.-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 168 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.

[[Page 39630]]

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-2018-0706; Product Identifier 
2018-NM-086-AD.

(a) Comments Due Date

    We must receive comments by September 24, 2018.

(b) Affected ADs

    This AD affects AD 2014-26-07, Amendment 39-18058 (80 FR 2815, 
January 21, 2015) (``AD 2014-26-07'').

(c) Applicability

    This AD applies to Dassault Aviation Model FAN JET FALCON, and 
FAN JET FALCON SERIES C, D, E, F, and G airplanes, certificated in 
any category, all serial numbers, except those on which the Dassault 
Fan Jet Falcon Supplemental Structural Inspection Program (Service 
Bulletin (SB) 730) has been embodied into the airplane's maintenance 
program.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination of the need for a 
revision to the airplane airworthiness limitations to introduce 
changes to the maintenance requirements and airworthiness 
limitations. We are issuing this AD to address, among other things, 
fatigue cracking and damage in principal structural elements; such 
fatigue cracking and damage could result in 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 
airworthiness limitations specified in Chapter 5-40, Airworthiness 
Limitations, DGT 131028, Revision 17, dated September 2017, of the 
Dassault Aviation Falcon 20 Maintenance Manual (MM). The initial 
compliance time for accomplishing the actions is at the applicable 
time specified in Chapter 5-40, Airworthiness Limitations, DGT 
131028, Revision 17, dated September 2017, of the Dassault Aviation 
Falcon 20 MM; or within 90 days after the effective date of this AD; 
whichever occurs later. Where the threshold column in the table in 
paragraph B, Mandatory Maintenance Operations, of Chapter 5-40, 
Airworthiness Limitations, DGT 131028, Revision 17, dated September 
2017, of the Dassault Aviation Falcon 20 MM specifies a compliance 
time in years, those compliance times are since the date of issuance 
of the original French or European Aviation Safety Agency (EASA) 
airworthiness certificate or date of issuance of the original French 
or EASA export certificate of airworthiness.

(h) No Alternative Actions or 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 and intervals are approved as an AMOC in 
accordance with the procedures specified in paragraph (j)(1) of this 
AD.

(i) Terminating Action for AD 2014-26-07

    Accomplishing the actions required by paragraph (g) of this AD 
terminates all of the requirements of AD 2014-26-07.

(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 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: 9-ANM-116-AMOC-REQUESTS. 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 AD 2018-0083, dated April 16, 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-2018-0706.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., 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 St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on July 27, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-16732 Filed 8-9-18; 8:45 am]
 BILLING CODE 4910-13-P