[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7269-7271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03411]
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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; Amendment
39-19566; AD 2019-03-14]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting 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 AD was prompted by a determination that new
and more restrictive airworthiness limitations and maintenance
requirements are necessary. This AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations and maintenance
requirements. We are issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective April 8, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 8,
2019.
ADDRESSES: For service information identified in this final rule,
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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0963.
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 final rule, the regulatory evaluation, any
[[Page 7270]]
comments received, and other information. The address for Docket
Operations (phone: 800-647-5527) is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Dassault Aviation
Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G
airplanes. The NPRM published in the Federal Register on November 23,
2018 (83 FR 59326). The NPRM was prompted by a determination that new
and more restrictive airworthiness limitations and maintenance
requirements are necessary. The NPRM proposed to require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations and
maintenance requirements. 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.
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 on 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 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.
Comments
We gave the public the opportunity to participate in developing
this final rule. We have considered the comment received; the
commenter, Bienvenu Badinenganyi, stated no objection to the NPRM.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule as proposed, except for minor editorial changes. We
have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
Dassault has issued Chapter 5-40-01, 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.
Costs of Compliance
We estimate that this AD affects 61 airplanes of U.S. registry. We
estimate the following costs to comply with this 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 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
[[Page 7271]]
applicable to transport category airplanes and associated appliances to
the Director of the System Oversight Division.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
(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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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):
2019-03-14 Dassault Aviation: Amendment 39-19566; Docket No. FAA-
2018-0963; Product Identifier 2018-NM-135-AD.
(a) Effective Date
This AD is effective April 8, 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 and 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-
01, 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 5-40-01, 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 5-40-01, 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.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Chapter 5-40-01, Airworthiness Limitations, DMD 44729,
Revision 9, dated November 29, 2017, of the Dassault Aviation Falcon
20 Maintenance Manual.
(ii) [Reserved]
(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.
(4) 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on February 21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-03411 Filed 3-1-19; 8:45 am]
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