[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Rules and Regulations]
[Pages 16390-16393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07939]
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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; Amendment
39-19612; AD 2019-07-01]
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 of the
need for a revision to the airplane airworthiness limitations to
introduce changes to the maintenance requirements and airworthiness
limitations. 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 May 24, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 24,
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
[[Page 16391]]
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-2018-0706.
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 final rule, the regulatory evaluation, any 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 August 10,
2018 (83 FR 39628). The NPRM 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. 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
2018-0083, dated April 16, 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:
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.
Comments
We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.
Request To Withdraw NPRM
Kalitta Charters, LLC, (Kalitta) implied that the NPRM did not
include a valid unsafe condition to justify the issuance of an AD. The
commenter stated that the unsafe condition specified in the NPRM is
based on speculation. The commenter remarked that the AD docket does
not include evidence of actual fatigue cracking or any other indicators
of possible conditions that indicate the existence of an actual
potential problem.
We infer that the commenter is requesting that we withdraw the
NPRM. We do not agree with the commenter's request. We have identified
airworthiness limitations and maintenance requirements as mandatory for
an airplane's continued airworthiness. An operator's failure to
accomplish these instructions could result in a variety of unsafe
conditions, including fatigue cracking and damage in principal
structural elements; such fatigue cracking and damage could result in
reduced structural integrity of the airplane.
In addition, we issue ADs to require actions to address unsafe
conditions that are not otherwise being addressed (or are not addressed
adequately) by normal maintenance procedures. We may address such
unsafe conditions by requiring revisions to maintenance or inspection
programs, as applicable, as a condition under which airplanes may
continue to be operated. We have determined that it is necessary to
issue this final rule.
Request To Include Method To Determine Flight Cycles
Kalitta requested that the proposed AD include a method for
operators to determine the number of flight cycles on landing gear
parts based on the part number or date of manufacture. The commenter
pointed out that there was no previous requirement to track flight
cycles on landing gear parts. The commenter stated that without a
method to determine the number of flight cycles, its fleet would be
grounded because it would not be able to comply with the requirements
specified in the proposed AD.
The commenter also stated that a method for operators to determine
the number of flight cycles on landing gear parts is related to its
ability to satisfy the initial 90-day compliance time for accomplishing
the actions specified in the proposed AD. The commenter noted that some
of the affected airframes and parts have been in service over 50 years
and during this 50-year period many of the affected parts were removed
and installed on other airframes.
We partially agree with the commenter's request. This AD does not
include a method for operators to determine the number of flight cycles
on landing gear parts based on the part number or date of manufacture;
however, this AD extends the initial compliance time for accomplishing
the required actions.
In April 2015, Dassault issued ``Falcon Service Advisory'' FSA-05-
40-003-R00-A, notifying operators of impending changes to the
Airworthiness Limitations affecting the life limits of internal landing
gear parts. Dassault also issued FSA-05-40-002-R00A, in April 2015, to
provide guidance on determining the cycles-since-new of
[[Page 16392]]
landing gear assemblies for operators that had not been rigorously
tracking the cycles on life-limited parts. This FSA allowed operators
to submit a ``Landing Gear Survey'' so that Dassault could help them
``rebuild the life'' of a given landing gear leg or subpart.
Dassault has informed us that it is in the process of creating an
updated methodology for operators to follow if they do not know the
exact number of flight cycles on landing gear parts for their
airplanes. Therefore, we have revised paragraph (g) of this AD by
extending the initial compliance time from 90 days after the effective
date of this AD to 12 months after the effective date of this AD for
accomplishing the actions specified in Chapter 5-40, Airworthiness
Limitations, DGT 131028, Revision 17, dated September 2017, of the
Dassault Aviation Falcon 20 Maintenance Manual. This will allow
Dassault time to develop the methodology to determine the number of
flight cycles on landing gear parts and provide this information to
operators. We expect to approve this methodology as an alternative
method of compliance (AMOC) to this AD. In addition, under the
provisions of paragraph (j)(1) of this AD, we will consider requests
for approval of an extension of the compliance time if sufficient data
are submitted to substantiate that the extension would provide an
acceptable level of safety.
Economic Impact of NPRM
Kalitta stated that the Regulatory Findings section of the NPRM did
not take into account operators that have Model DA-20 airplanes as a
significant portion of their fleet. The commenter noted that these
operators should be considered ``small entities,'' are considered small
businesses by the U.S. government, and could be economically destroyed
by the proposed requirements of the NPRM.
The commenter also noted that, without a method to compute the
flight cycles on landing gear parts, the costs of compliance estimate
in the NPRM would be grossly underestimated because, instead of just
replacement of the landing gear components, complete landing gear
assemblies would have to be replaced.
We acknowledge the commenter's concern regarding the economic
impact of this AD. However, as stated in the Regulatory Findings
section of this final rule, we have determined that this AD 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. As stated earlier, we have extended the
initial compliance time from 90 days to 12 months after the effective
date of this AD. Extending the compliance time will reduce the impact
to operators and should allow adequate time for Dassault to develop a
methodology to determine the number of flight cycles on landing gear
parts so that operators will not need to replace complete landing gear
assemblies. As stated previously, we expect to approve this methodology
as an AMOC to this AD.
In addition, under the provisions of paragraph (j)(1) of this AD,
we will consider requests for approval of an extension of the
compliance time if sufficient data are submitted to substantiate that
the extension would provide an acceptable level of safety.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the change described previously and 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.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
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 describes, among
other things, new or more restrictive airworthiness limitations and
maintenance requirements; these include life limits for certain
components, including the engine front mounts and the legs of the nose
landing gear and main landing gear, and 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.
Costs of Compliance
We estimate that this AD affects 168 airplanes of U.S. registry. We
estimate the following costs to comply with this 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 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
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.
[[Page 16393]]
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):
2019-07-01 Dassault Aviation: Amendment 39-19612; Docket No. FAA-
2018-0706; Product Identifier 2018-NM-086-AD.
(a) Effective Date
This AD is effective May 24, 2019.
(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
or inspection 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 12 months after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the airworthiness limitations and maintenance
requirements 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 12 months 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
alternative method of compliance (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 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.
(l) 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, Airworthiness Limitations, DGT 131028,
Revision 17, dated September 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 April 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-07939 Filed 4-18-19; 8:45 am]
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