[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Proposed Rules]
[Pages 25986-25988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11260]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0524; Directorate Identifier 2016-NM-122-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 FALCON 900EX airplanes. This proposed
AD was prompted by a determination that new or more restrictive
maintenance requirements and/or airworthiness limitations are
necessary. This proposed AD would require revising the maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance requirements and/or airworthiness limitations.
We are proposing this AD to address the unsafe condition on these
products.
DATES: We must receive comments on this proposed AD by July 21, 2017.
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 referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
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-2017-
0524; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone 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 Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0524;
Directorate Identifier 2016-NM-122-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD 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 proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2016-0128, dated June 23, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model FALCON 900EX airplanes. The MCAI states:
The airworthiness limitations and maintenance requirements for
the DA [Dassault Aviation] Falcon 900EX type design are included in
Aircraft Maintenance Manual (AMM) chapter 5-40 and are approved by
the European Aviation Safety Agency (EASA). These instructions have
been identified as mandatory for continued airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition.
Consequently, EASA issued AD 2013-0051 [which corresponds to AD
2014-16-26, Amendment 39-17950 (79 FR 51077, August 27, 2014)
(``2014-16-26'')] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in DA Falcon 900EX AMM chapter 5-40 (DGT 113874) at
revision 12.
Since that [EASA] AD was issued, DA issued revision 14 of Falcon
900EX AMM chapter 5-40 (DGT 113874) (hereafter referred to as ``the
ALS'' in this AD), which contains new or more restrictive
maintenance requirements and/or airworthiness limitations. The ALS
introduces, among others, the following new tasks:
--Task 53-50-00-220-803 ``Detailed inspection of the baggage
compartment'';
--Task 53-50-00-220-807 ``Detailed inspection of the upper part of
frame 30.''
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2013-0051, 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-2017-
0524.
Related Service Information Under 1 CFR Part 51
Dassault issued Chapter 5-40, Airworthiness Limitations, Revision
14, dated November 2015, of the Falcon 900EX Maintenance Manual. The
service information describes procedures, maintenance tasks, and
airworthiness limitations specified in the Airworthiness Limitations
section of the AMM. 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 and Requirements of This Proposed AD
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
[[Page 25987]]
develop on other products of the same type design.
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 actions that will ensure the continued
operational safety of the airplane.
This proposed AD would not supersede AD 2014-16-26. 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 or
more restrictive maintenance requirements and/or airworthiness
limitations than those required by AD 2014-16-26. Accomplishment of the
proposed actions would then terminate all requirements of AD 2014-16-
26.
Costs of Compliance
We estimate that this proposed AD affects 70 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Maintenance or inspection program revision...... 1 work-hour x $0 $85 $5,950
$85 per hour =
$85
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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.
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-2017-0524; Directorate Identifier
2016-NM-122-AD.
(a) Comments Due Date
We must receive comments by July 21, 2017.
(b) Affected ADs
This AD affects AD 2014-16-26, Amendment 39-17950 (79 FR 51077,
August 27, 2014) (``AD 2014-16-26'').
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 900EX
airplanes, certificated in any category, serial numbers 1 through 96
inclusive, and serial numbers 98 through 119 inclusive, certificated
in any category.
(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 maintenance requirements and/or airworthiness
limitations are necessary. We are issuing this AD to prevent 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
information specified in Chapter 5-40, Airworthiness Limitations,
Revision 14, dated November 2015, of the Falcon 900EX Maintenance
Manual. The initial compliance time for accomplishing the actions
specified in Chapter 5-40, Airworthiness Limitations, Revision 14,
dated November 2015, of the Falcon 900EX Maintenance Manual, is
within the applicable times specified in the maintenance manual, or
90 days after the effective date of this AD, whichever occurs later,
except as provided by paragraphs (g)(1) through (g)(4) of this AD.
(1) The term ``LDG'' in the ``First Inspection'' column of any
table in the service information means total airplane landings.
(2) The term ``FH'' in the ``First Inspection'' column of any
table in the service information means total flight hours.
(3) The term ``FC'' in the ``First Inspection'' column of any
table in the service information means total flight cycles.
[[Page 25988]]
(4) The term ``M'' in the ``First Inspection'' column of any
table in the service information means months.
(h) No Alternative Actions and 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 or 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
Accomplishing paragraph (g) of this AD terminates all
requirements of AD 2014-16-26.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 manager of the International Branch, 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
Branch, ANM-116, Transport Airplane Directorate, 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 2016-0128, dated June 23, 2016, 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-2017-0524.
(2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1137; fax 425-227-1149.
(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 Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call 425-227-1221.
Issued in Renton, Washington, on May 23, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-11260 Filed 6-5-17; 8:45 am]
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