[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Proposed Rules]
[Pages 57364-57366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24854]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0643; Product Identifier 2018-NM-084-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

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

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

SUMMARY: We are revising an earlier proposal for certain Dassault 
Aviation Model FALCON 7X airplanes. This action revises the notice of 
proposed rulemaking (NPRM) by proposing to require the incorporation of 
revised and more restrictive airworthiness limitations. We are 
proposing this airworthiness directive (AD) to address the unsafe 
condition on these products. Since these actions would impose an 
additional burden over those in the NPRM, we are reopening the comment 
period to allow the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal 
Register on August 10, 2018 (83 FR 39630), is reopened.
    We must receive comments on this SNPRM by December 31, 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: 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 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 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-
0643; 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 SNPRM, 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-2018-0643; 
Product Identifier 2018-NM-084-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this SNPRM. We will consider all 
comments received by the closing date and may amend this SNPRM 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 SNPRM.

[[Page 57365]]

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Dassault Aviation Model FALCON 7X airplanes. The 
NPRM published in the Federal Register on August 10, 2018 (83 FR 
39630). The NPRM was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are necessary. 
The NPRM proposed to require revising the existing maintenance or 
inspection program, as applicable, to incorporate new and more 
restrictive maintenance requirements and airworthiness limitations for 
airplane structures and systems.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, additional airworthiness limitations have 
been issued, and we have determined that it is necessary to revise the 
existing maintenance or inspection program to incorporate the new and 
more restrictive requirements in the revised service information. We 
have changed paragraph (g) of this proposed AD to require revising the 
existing maintenance or inspection program to incorporate the 
information specified in Chapter 5-40-00, Airworthiness Limitations, 
DGT 107838, Revision 7, dated August 24, 2018, of the Dassault Falcon 
7X Maintenance Manual (MM).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0101, dated May 3, 2018 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Dassault Aviation Model FALCON 7X 
airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance 
instructions for Dassault Falcon 7X aeroplanes, which are approved 
by EASA, are currently defined and published in Dassault Falcon 7X 
AMM [airplane maintenance manual], 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 and reduced 
control of these airplanes due to the failure of system components].
    Previously, EASA issued AD 2015-0095 [which corresponds to FAA 
AD 2016-16-09, Amendment 39-18607 (81 FR 52752, August 10, 2016) 
(``AD 2016-16-09'')] to require accomplishment of the maintenance 
tasks, and implementation of the airworthiness limitations, as 
specified in Dassault Falcon 7X AMM, Chapter 5-40, at Revision 4.
    Since that [EASA] AD was issued, Dassault issued the ALS 
[airworthiness limitations section], 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 2015-0095, 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-2018-
0643.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40-00, Airworthiness 
Limitations, DGT 107838, Revision 7, dated August 24, 2018, of the 
Dassault Falcon 7X MM. This service information introduces new and more 
restrictive maintenance requirements and airworthiness limitations for 
airplane structures and systems. 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 received no comments on the NPRM or on the 
determination of the cost to the public.

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 the same 
type design.
    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 proposed AD affects 67 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:
    We have determined that revising the existing 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 and associated appliances 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;

[[Page 57366]]

    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-2018-0643; Product Identifier 
2018-NM-084-AD.

(a) Comments Due Date

    We must receive comments by December 31, 2018.

(b) Affected ADs

    This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR 52545, 
September 4, 2014) (``AD 2014-16-23'') and AD 2016-16-09, Amendment 
39-18607 (81 FR 52752, August 10, 2016) (``AD 2016-16-09'').

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, 
certificated in any category, with an original certificate of 
airworthiness or original export certificate of airworthiness issued 
on or before August 24, 2018.

    Note 1 to paragraph (c) of this AD: Dassault Aviation Model 
FALCON 7X airplanes with modifications M1000 and M1254 incorporated 
are commonly referred to as ``Model FALCON 8X'' airplanes as a 
marketing designation.

(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 address reduced structural 
integrity and reduced control of airplanes due to the failure of 
system components.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, by 
incorporating the information specified in Chapter 5-40-00, 
Airworthiness Limitations, DGT 107838, Revision 7, dated August 24, 
2018, of the Dassault Falcon 7X Maintenance Manual (MM). The initial 
compliance times for the tasks specified in Chapter 5-40-00, 
Airworthiness Limitations, DGT 107838, Revision 7, dated August 24, 
2018, of the Dassault Falcon 7X MM are at the applicable compliance 
times specified in Chapter 5-40-00, Airworthiness Limitations, DGT 
107838, Revision 7, dated August 24, 2018, of the Dassault Falcon 7X 
MM, or within 90 days after the effective date of this AD, whichever 
occurs later.

(h) Terminating Action for Other ADs

    (1) Accomplishing the actions required by paragraph (g) of this 
AD terminates the requirements of paragraph (q) of AD 2014-16-23.
    (2) Accomplishing the actions required by paragraph (g) of this 
AD terminates all requirements of AD 2016-16-09.

(i) No Alternative Actions, Intervals, and Critical Design 
Configuration Control Limitations (CDCCLs)

    After the existing maintenance or inspection program, as 
applicable, has been revised as required by paragraph (g) of this 
AD, no alternative actions (e.g., inspections), intervals, or CDCCLs 
may be used unless the actions, intervals, and CDCCLs are approved 
as an alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j)(1) of this AD.

(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: [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 AD 2018-0101, dated May 3, 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-2018-0643.
    (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; phone 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; phone: 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 November 6, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-24854 Filed 11-14-18; 8:45 am]
 BILLING CODE 4910-13-P