[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Proposed Rules]
[Pages 59326-59328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25385]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0963; Product Identifier 2018-NM-135-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 that new or more restrictive airworthiness limitations 
and maintenance requirements are necessary. This proposed AD would 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive 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 January 7, 2019.

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-
0963; 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-2018-0963; 
Product Identifier 2018-NM-135-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 
2018-0193, dated September 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 FAN JET 
FALCON and FAN JET FALCON SERIES C, D, E, F, and G airplanes. The MCAI 
states:

    In June 1988, the Federal Aviation Administration sponsored a 
conference of ageing aircraft, during which the decision was taken 
to pay particular attention to those. The ATA [Air Transport 
Association] and the AIA [Aerospace Industries Association] 
committed themselves to identify and to set up procedures to ensure 
continued structural integrity on ageing aircraft. Prompted by these 
actions, Dassault developed the SSIP [Supplemental Structural 
Inspection Program], aiming to guarantee the

[[Page 59327]]

airworthiness of the Fan Jet Falcon aeroplane which reach and exceed 
half of the Limit of Validity. The airworthiness limitations and 
certification maintenance instructions for the affected Fan Jet 
Falcon aeroplanes, which are approved by EASA, are currently defined 
and published in the ALS [airworthiness limitations section]. These 
instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Previously, EASA issued AD 2008-0221 to require accomplishment 
of the maintenance tasks, and implementation of the airworthiness 
limitations, as specified in ALS at Revision 7.
    Since that [EASA] AD was issued, Dassault issued ALS Revisions 8 
and 9, which introduced new and more restrictive maintenance 
requirements and/or airworthiness limitations.
    For the reason described above, this [EASA] AD takes over the 
requirements for Fan Jet Falcon aeroplanes from EASA AD 2008-0221 
and requires accomplishment of the actions specified in the ALS.
    Once new [EASA] ADs have been published for all the types 
addressed by EASA AD 2008-0221, EASA plans to cancel that AD.

    The unsafe condition is fatigue cracking and damage in principal 
structural elements; such fatigue cracking and damage could result in 
reduced structural integrity of the airplane. Because we determined 
that a separate FAA AD should be issued for each airplane model due to 
different ALS requirements, we did not issue an AD that corresponded to 
EASA AD 2008-0221. 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-2018-0963.

Related Service Information Under 1 CFR Part 51

    Dassault has issued Chapter 5-40, Airworthiness Limitations, DMD 
44729, Revision 9, dated November 29, 2017, of the Dassault Aviation 
Falcon 20 Maintenance Manual. This service information includes life 
limits for certain airframe components, and describes airworthiness 
limitations for safe life limits and certification maintenance 
requirements. 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 existing maintenance or 
inspection program, as applicable, to include new or more restrictive 
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 
(i)(1) of this proposed AD.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the ALS 
inspection tasks, corrective actions must be accomplished in accordance 
with Dassault maintenance documentation. However, this proposed AD 
would not include those requirements. Operators of U.S.-registered 
airplanes are required by general airworthiness and operational 
regulations to maintain their airplanes using methods that are 
acceptable to the FAA. We consider those methods to be adequate to 
replace parts, perform maintenance tasks, and address any corrective 
actions necessitated by the findings of the ALS inspections specified 
in this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 61 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, 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;
    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 59328]]

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-2018-0963; Product Identifier 
2018-NM-135-AD.

(a) Comments Due Date

    We must receive comments by January 7, 2019.

(b) Affected ADs

    None.

(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, on which the Dassault Fan Jet 
Falcon Supplemental Structural Inspection Program (Dassault 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/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations and maintenance requirements 
are necessary. 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) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the airworthiness limitations specified in Chapter 5-40, 
Airworthiness Limitations, DMD 44729, Revision 9, dated November 29, 
2017, of the Dassault Aviation Falcon 20 Maintenance Manual. The 
initial compliance time for accomplishing the actions is at the 
applicable time specified in Chapter 5-40, Airworthiness 
Limitations, DMD 44729, Revision 9, dated November 29, 2017, of the 
Dassault Aviation Falcon 20 Maintenance Manual; 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, 
DMD 44729, Revision 9, dated November 29, 2017, of the Dassault 
Aviation Falcon 20 Maintenance Manual specifies a compliance time in 
years, those compliance times start from the date of issuance of the 
original airworthiness certificate or date of issuance of the 
original 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 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (i)(1) of this AD.

(i) 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 (j)(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 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0193, dated September 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-2018-0963.
    (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 November 8, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-25385 Filed 11-21-18; 8:45 am]
BILLING CODE 4910-13-P