82 FR 1595 - Airworthiness Directives; Dassault Aviation Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 4 (January 6, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 4 (January 6, 2017)
| Page Range | 1595-1598 | |
| FR Document | 2016-31871 |
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)] [Rules and Regulations] [Pages 1595-1598] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31871] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-7420; Directorate Identifier 2015-NM-017-AD; Amendment 39-18774; AD 2017-01-07] RIN 2120-AA64 Airworthiness Directives; Dassault Aviation Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for all Dassault Aviation Model FAN JET FALCON airplanes; Model FAN JET FALCON SERIES C, D, E, F, and G airplanes; Model MYSTERE-FALCON 200 airplanes; Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes; and MYSTERE-FALCON 50 airplanes. This AD was prompted by a report that, during approach for landing, the main entry door detached from an airplane. This AD requires a functional test or check of the main entry door closure and warning system, and applicable door closing inspections, adjustments, operational tests, and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 10, 2017. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 10, 2017. 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:// [[Page 1596]] 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-7420. 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-2016- 7420; 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 AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, 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 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: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Dassault Aviation Model FAN JET FALCON airplanes; Model FAN JET FALCON SERIES C, D, E, F, and G airplanes; Model MYSTERE-FALCON 200 airplanes; Model MYSTERE-FALCON 20- C5, 20-D5, 20-E5, and 20-F5 airplanes; and MYSTERE-FALCON 50 airplanes. The NPRM published in the Federal Register on July 1, 2016 (81 FR 43120). The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0007, dated January 15, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Dassault Aviation Model FAN JET FALCON airplanes; Model FAN JET FALCON SERIES C, D, E, F, and G airplanes; Model MYSTERE-FALCON 200 airplanes; Model MYSTERE- FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes; and MYSTERE-FALCON 50 airplanes. The MCAI states: During approach for landing, a Myst[egrave]re-Falcon 20-X5 lost the main entrance door [MED] at an altitude of 7,000 feet. The flight crew maintained control of the aeroplane to land uneventfully. The results of the preliminary technical investigations concluded that the cause of this event could be either a broken cable, or an unlocked safety catch, associated with one or two deficient micro switches. This condition, if not detected and corrected, could lead to in- flight opening and/or detachment of the Crew/Passenger door, possibly resulting in loss of control of the aeroplane, and/or injury to persons on the ground. To address this potential unsafe condition, Dassault Aviation issued Service Bulletins (SB) F20-789, F200-133 and MF50-531, providing instructions for inspection/adjustment, as well as an operational test of the Crew/Passenger door closure. For the reasons described above, this [EASA] AD requires a one- time accomplishment of a functional test/check of the MED closure/ warning system. It also requires [a general visual] inspection and operational test of the Crew/Passenger door [including the control and latching mechanisms] and, depending on findings, applicable corrective actions. Corrective actions include adjusting the telescopic rod bolts on the door until the clearance between the lower part of the door and the fuselage is within the specified tolerances. The corrective actions for the control and latching mechanisms include adjusting components and replacing damaged components (including pull latches, microswitches, pulleys, and cables). Signs of damage include cracks, corrosion, wear, and distortion. 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-2016-7420. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting this AD 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 correcting 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 Aviation issued the following service information. Dassault Service Bulletin F20-789, also referred to as 789, dated December 9, 2014. Dassault Service Bulletin F50-531, also referred to as 531, dated December 9, 2014. Dassault Service Bulletin F200-133, also referred to as 133, dated December 9, 2014. The service information describes procedures for inspections, adjustments, and operational tests of certain doors and corrective actions. These documents are distinct since they apply to different airplane models. 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 392 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Inspections/adjustments/operational 4 work-hours x $85 per $0 $340 $133,280 tests. hour = $340. ---------------------------------------------------------------------------------------------------------------- We have received no definitive data that will enable us to provide cost estimates for the on-condition actions specified in this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue [[Page 1597]] 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 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): 2017-01-07 Dassault Aviation: Amendment 39-18774; Docket No. FAA- 2016-7420; Directorate Identifier 2015-NM-017-AD. (a) Effective Date This AD is effective February 10, 2017. (b) Affected ADs None. (c) Applicability This AD applies to the Dassault Aviation airplanes, certificated in any category, identified in paragraphs (c)(1) through (c)(5) of this AD, all airplanes. (1) Model FAN JET FALCON airplanes. (2) Model FAN JET FALCON SERIES C, D, E, F, and G airplanes. (3) Model MYSTERE-FALCON 200 airplanes. (4) Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. (5) Model MYSTERE-FALCON 50 airplanes. (d) Subject Air Transport Association (ATA) of America Code 52, Doors. (e) Reason This AD was prompted by a report that, during approach for landing, the main entry door detached from an airplane. We are issuing this AD to detect and correct defective crew/passenger doors. Such a condition could result in the in-flight opening or detachment of the crew/passenger door, which could result in loss of control of the airplane and injury to persons on the ground. (f) Compliance Comply with this AD within the compliance times specified. (g) Main Entry/Passenger/Crew Door Check or Functional Test Within 65 days after the effective date of this AD, unless done within 6 months before the effective date of this AD, do the applicable functional test or door lock check specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, and do all applicable corrective actions, 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). Do all applicable corrective actions before further flight. (1) For Model FAN JET FALCON airplanes; Model FAN JET FALCON SERIES C, D, E, F, and G airplanes; and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes: A functional test of the passenger/crew door warning system. (2) For Model MYSTERE-FALCON 200 airplanes: A check of the door locking indicator system. (3) For Model MYSTERE-FALCON 50 airplanes: A check of the door lock indication. (h) Main Entry/Passenger/Crew Door Closing Inspections, Adjustments, and Operational Tests and Corrective Actions Within 330 flight hours or 13 months, whichever occurs first after the effective date of this AD, unless already done: Do the applicable door closing inspections, adjustments, and operational tests, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of the applicable service information identified in paragraph (h)(1), (h)(2), or (h)(3) of this AD. Do all applicable corrective actions before further flight. (1) For Model FAN JET FALCON airplanes; Model FAN JET FALCON SERIES C, D, E, F, and G airplanes; and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes: Dassault Service Bulletin F20- 789, also referred to as 789, dated December 9, 2014. (2) For Model MYSTERE-FALCON 200 airplanes: Dassault Service Bulletin F200-133, also referred to as 133, dated December 9, 2014. (3) For Model MYSTERE-FALCON 50 airplanes: Dassault Service Bulletin F50-531, also referred to as 531, dated December 9, 2014. (i) 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 International Branch, send it to ATTN: 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. 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 EASA; or Dassault Aviation's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (j) Related Information Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015-0007, dated January 15, 2015, 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-2016-7420. [[Page 1598]] (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) Dassault Service Bulletin F20-789, also referred to as 789, dated December 9, 2014. (ii) Dassault Service Bulletin F50-531, also referred to as 531, dated December 9, 2014. (iii) Dassault Service Bulletin F200-133, also referred to as 133, dated December 9, 2014. (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 Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. (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 Renton, Washington, on December 23, 2016. Thomas Groves, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-31871 Filed 1-5-17; 8:45 am] BILLING CODE 4910-13-P
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(g) Inspection of Fluid Level and Nitrogen effective date of this AD using Airbus information on the availability of this
Pressure in HR AOTA29L005–16, dated January 28, 2016. material at the FAA, call 425–227–1221.
Within the compliance time defined in (5) You may view this service information
(l) Other FAA AD Provisions
table 1 to paragraph (g) of this AD, as that is incorporated by reference at the
The following provisions also apply to this National Archives and Records
applicable, inspect the HR fluid level and
AD: Administration (NARA). For information on
nitrogen pressure of each hydraulic circuit,
(1) Alternative Methods of Compliance the availability of this material at NARA, call
in accordance with the instructions of
(AMOCs): The Manager, International 202–741–6030, or go to: http://
paragraph 4.2.2.1 of Airbus Alert Operators
Branch, ANM–116, Transport Airplane www.archives.gov/federal-register/cfr/ibr-
Transmission (AOT) A29L005–16, Revision
Directorate, FAA, has the authority to locations.html.
01, dated June 28, 2016. Repeat the
approve AMOCs for this AD, if requested
inspection thereafter at intervals not to Issued in Renton, Washington, on
using the procedures found in 14 CFR 39.19.
exceed 1,600 flight hours. December 23, 2016.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Thomas Groves,
TABLE 1 TO PARAGRAPH (g) OF THIS Flight Standards District Office, as Acting Manager, Transport Airplane
AD—INITIAL INSPECTION COMPLI- appropriate. If sending information directly Directorate, Aircraft Certification Service.
ANCE TIME to the International Branch, send it to ATTN:
[FR Doc. 2016–31868 Filed 1–5–17; 8:45 am]
Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM–116, Transport BILLING CODE 4910–13–P
Compliance Time
Airplane Directorate, FAA, 1601 Lind
(A or B, whichever occurs later)
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1138; fax 425–227–1149. DEPARTMENT OF TRANSPORTATION
A ........... Before accumulating 1,600 flight
Information may be emailed to: 9–ANM–116–
hours since first flight of the air-
AMOC–REQUESTS@faa.gov. Before using Federal Aviation Administration
plane.
any approved AMOC, notify your appropriate
B ........... Within 1,000 flight hours or 3
principal inspector, or lacking a principal 14 CFR Part 39
months, whichever occurs first
inspector, the manager of the local flight
after the effective date of this [Docket No. FAA–2016–7420; Directorate
standards district office/certificate holding
AD. Identifier 2015–NM–017–AD; Amendment
district office.
(2) Contacting the Manufacturer: For any 39–18774; AD 2017–01–07]
(h) Corrective Action requirement in this AD to obtain corrective RIN 2120–AA64
If, during any inspection required by actions from a manufacturer, the action must
paragraph (g) of this AD, any unacceptable be accomplished using a method approved
Airworthiness Directives; Dassault
pressure or fluid level is identified, before by the Manager, International Branch, ANM–
further flight, do the actions in paragraphs 116, Transport Airplane Directorate, FAA; or Aviation Airplanes
(h)(1) and (h)(2) of this AD, as applicable, for the European Aviation Safety Agency AGENCY: Federal Aviation
each unacceptable pressure or fluid level that (EASA); or Airbus’s EASA Design Administration (FAA), Department of
is discovered. Accomplishment of these Organization Approval (DOA). If approved by
actions on an airplane does not constitute the DOA, the approval must include the Transportation (DOT).
terminating action for the repetitive DOA-authorized signature. ACTION: Final rule.
inspections as required by paragraph (g) of
(m) Related Information SUMMARY: We are adopting a new
this AD for that airplane.
(1) Add or remove hydraulic fluid, as (1) Refer to Mandatory Continuing airworthiness directive (AD) for all
applicable, in accordance with the Airworthiness Information (MCAI) EASA AD Dassault Aviation Model FAN JET
instructions of paragraph 4.2.2.2 of Airbus 2016–0107, dated June 7, 2016, for related FALCON airplanes; Model FAN JET
Alert Operators Transmission (AOT) information. This MCAI may be found in the FALCON SERIES C, D, E, F, and G
A29L005–16, Revision 01, dated June 28, AD docket on the Internet at http://
airplanes; Model MYSTERE-FALCON
2016. www.regulations.gov by searching for and
locating Docket No. FAA–2016–9117. 200 airplanes; Model MYSTERE-
(2) Add or remove nitrogen gas, as
applicable, in accordance with the (2) Service information identified in this FALCON 20–C5, 20–D5, 20–E5, and 20–
instructions of paragraph 4.2.2.2 of Airbus AD that is not incorporated by reference is F5 airplanes; and MYSTERE-FALCON
AOT A29L005–16, Revision 01, dated June available at the addresses specified in 50 airplanes. This AD was prompted by
28, 2016. paragraphs (n)(3) and (n)(4) of this AD. a report that, during approach for
(i) Servicing Hydraulic Reservoir (n) Material Incorporated by Reference landing, the main entry door detached
from an airplane. This AD requires a
Concurrent with the initial inspection (1) The Director of the Federal Register
approved the incorporation by reference
functional test or check of the main
specified in paragraph (g) of this AD, revise
the maintenance or inspection program, as (IBR) of the service information listed in this entry door closure and warning system,
applicable, to incorporate the hydraulic paragraph under 5 U.S.C. 552(a) and 1 CFR and applicable door closing inspections,
reservoir servicing actions specified in part 51. adjustments, operational tests, and
paragraph 4.2.2.2 of Airbus AOT A29L005– (2) You must use this service information corrective actions if necessary. We are
16, Revision 01, dated June 28, 2016. as applicable to do the actions required by issuing this AD to address the unsafe
this AD, unless this AD specifies otherwise. condition on these products.
(j) No Alternative Actions and Intervals (i) Airbus Alert Operators Transmission
DATES: This AD is effective February 10,
After accomplishing the revision required (AOT) A29L005–16, Revision 01, dated June
by paragraph (i) of this AD, no alternative 28, 2016. 2017.
actions (e.g., inspections) and intervals may (ii) Reserved. The Director of the Federal Register
be used unless the actions and intervals are (3) For service information identified in approved the incorporation by reference
approved as an alternative method of this AD, contact Airbus SAS, Airworthiness of certain publications listed in this AD
sradovich on DSK3GMQ082PROD with RULES
compliance (AMOC) in accordance with the Office—EAL, 1 Rond Point Maurice Bellonte, as of February 10, 2017.
procedures specified in paragraph (l)(1) of 31707 Blagnac Cedex, France; telephone: +33 ADDRESSES: For service information
this AD. 5 61 93 36 96; fax: +33 5 61 93 45 80; email:
airworthiness.A330–A340@airbus.com; identified in this final rule, contact
(k) Credit for Previous Actions Internet: http://www.airbus.com. Dassault Falcon Jet Corporation,
This paragraph provides credit for actions (4) You may view this service information Teterboro Airport, P.O. Box 2000, South
required by paragraphs (g) and (h) of this AD, at the FAA, Transport Airplane Directorate, Hackensack, NJ 07606; telephone 201–
if those actions were performed before the 1601 Lind Avenue SW., Renton, WA. For 440–6700; Internet http://
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www.dassaultfalcon.com. You may for the Member States of the European docket on the Internet at http://
view this referenced service information Union, has issued EASA Airworthiness www.regulations.gov by searching for
at the FAA, Transport Airplane Directive 2015–0007, dated January 15, and locating Docket No. FAA–2016–
Directorate, 1601 Lind Avenue SW., 2015 (referred to after this as the 7420.
Renton, WA. For information on the Mandatory Continuing Airworthiness
Comments
availability of this material at the FAA, Information, or ‘‘the MCAI’’), to correct
call 425 227–1221. It is also available on an unsafe condition for all Dassault We gave the public the opportunity to
the Internet at http:// Aviation Model FAN JET FALCON participate in developing this AD. We
www.regulations.gov by searching for airplanes; Model FAN JET FALCON received no comments on the NPRM or
and locating Docket No. FAA–2016– SERIES C, D, E, F, and G airplanes; on the determination of the cost to the
7420. Model MYSTERE-FALCON 200 public.
airplanes; Model MYSTERE-FALCON Conclusion
Examining the AD Docket
20–C5, 20–D5, 20–E5, and 20–F5
You may examine the AD docket on airplanes; and MYSTERE-FALCON 50 We reviewed the relevant data and
the Internet at http:// airplanes. The MCAI states: determined that air safety and the
www.regulations.gov by searching for During approach for landing, a Mystère-
public interest require adopting this AD
and locating Docket No. FAA–2016– Falcon 20–X5 lost the main entrance door as proposed except for minor editorial
7420; or in person at the Docket [MED] at an altitude of 7,000 feet. The flight changes. We have determined that these
Management Facility between 9 a.m. crew maintained control of the aeroplane to minor changes:
and 5 p.m., Monday through Friday, land uneventfully. The results of the • Are consistent with the intent that
except Federal holidays. The AD docket preliminary technical investigations was proposed in the NPRM for
contains this AD, the regulatory concluded that the cause of this event could correcting the unsafe condition; and
be either a broken cable, or an unlocked
evaluation, any comments received, and
safety catch, associated with one or two • Do not add any additional burden
other information. The street address for deficient micro switches. upon the public than was already
the Docket Office (telephone 800–647– This condition, if not detected and proposed in the NPRM.
5527) is Docket Management Facility, corrected, could lead to in-flight opening
U.S. Department of Transportation, and/or detachment of the Crew/Passenger Related Service Information Under 1
Docket Operations, M–30, West door, possibly resulting in loss of control of CFR Part 51
Building Ground Floor, Room W12–140, the aeroplane, and/or injury to persons on Dassault Aviation issued the
1200 New Jersey Avenue SE., the ground.
following service information.
To address this potential unsafe condition,
Washington, DC 20590. Dassault Aviation issued Service Bulletins • Dassault Service Bulletin F20–789,
FOR FURTHER INFORMATION CONTACT: Tom (SB) F20–789, F200–133 and MF50–531, also referred to as 789, dated December
Rodriguez, Aerospace Engineer, providing instructions for inspection/ 9, 2014.
International Branch, ANM–116, adjustment, as well as an operational test of • Dassault Service Bulletin F50–531,
Transport Airplane Directorate, FAA, the Crew/Passenger door closure. also referred to as 531, dated December
1601 Lind Avenue SW., Renton, WA For the reasons described above, this 9, 2014.
[EASA] AD requires a one-time
98057–3356; telephone 425–227–1137; accomplishment of a functional test/check of • Dassault Service Bulletin F200–133,
fax 425–227–1149. the MED closure/warning system. It also also referred to as 133, dated December
SUPPLEMENTARY INFORMATION: requires [a general visual] inspection and 9, 2014.
operational test of the Crew/Passenger door The service information describes
Discussion [including the control and latching procedures for inspections, adjustments,
We issued a notice of proposed mechanisms] and, depending on findings, and operational tests of certain doors
rulemaking (NPRM) to amend 14 CFR applicable corrective actions. and corrective actions. These
part 39 by adding an AD that would Corrective actions include adjusting documents are distinct since they apply
apply to all Dassault Aviation Model the telescopic rod bolts on the door to different airplane models. This
FAN JET FALCON airplanes; Model until the clearance between the lower service information is reasonably
FAN JET FALCON SERIES C, D, E, F, part of the door and the fuselage is available because the interested parties
and G airplanes; Model MYSTERE- within the specified tolerances. The have access to it through their normal
FALCON 200 airplanes; Model corrective actions for the control and course of business or by the means
MYSTERE-FALCON 20–C5, 20–D5, 20– latching mechanisms include adjusting identified in the ADDRESSES section.
E5, and 20–F5 airplanes; and components and replacing damaged
Costs of Compliance
MYSTERE–FALCON 50 airplanes. The components (including pull latches,
NPRM published in the Federal microswitches, pulleys, and cables). We estimate that this AD affects 392
Register on July 1, 2016 (81 FR 43120). Signs of damage include cracks, airplanes of U.S. registry.
The European Aviation Safety Agency corrosion, wear, and distortion. You We estimate the following costs to
(EASA), which is the Technical Agent may examine the MCAI in the AD comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
sradovich on DSK3GMQ082PROD with RULES
Inspections/adjustments/operational tests. 4 work-hours × $85 per hour = $340 ............. $0 $340 $133,280
We have received no definitive data estimates for the on-condition actions Authority for This Rulemaking
that will enable us to provide cost specified in this AD.
Title 49 of the United States Code
specifies the FAA’s authority to issue
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rules on aviation safety. Subtitle I, 2017–01–07 Dassault Aviation: (h) Main Entry/Passenger/Crew Door Closing
section 106, describes the authority of Amendment 39–18774; Docket No. Inspections, Adjustments, and Operational
the FAA Administrator. ‘‘Subtitle VII: FAA–2016–7420; Directorate Identifier Tests and Corrective Actions
Aviation Programs,’’ describes in more 2015–NM–017–AD. Within 330 flight hours or 13 months,
detail the scope of the Agency’s (a) Effective Date whichever occurs first after the effective date
authority. of this AD, unless already done: Do the
This AD is effective February 10, 2017. applicable door closing inspections,
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII, (b) Affected ADs adjustments, and operational tests, and do all
applicable corrective actions, in accordance
Part A, Subpart III, Section 44701: None. with the Accomplishment Instructions of the
General requirements.’’ Under that applicable service information identified in
(c) Applicability
section, Congress charges the FAA with paragraph (h)(1), (h)(2), or (h)(3) of this AD.
promoting safe flight of civil aircraft in This AD applies to the Dassault Aviation Do all applicable corrective actions before
air commerce by prescribing regulations airplanes, certificated in any category, further flight.
for practices, methods, and procedures identified in paragraphs (c)(1) through (c)(5) (1) For Model FAN JET FALCON airplanes;
the Administrator finds necessary for of this AD, all airplanes. Model FAN JET FALCON SERIES C, D, E, F,
(1) Model FAN JET FALCON airplanes. and G airplanes; and Model MYSTERE-
safety in air commerce. This regulation
(2) Model FAN JET FALCON SERIES C, D, FALCON 20–C5, 20–D5, 20–E5, and 20–F5
is within the scope of that authority E, F, and G airplanes.
because it addresses an unsafe condition airplanes: Dassault Service Bulletin F20–789,
(3) Model MYSTERE–FALCON 200 also referred to as 789, dated December 9,
that is likely to exist or develop on airplanes. 2014.
products identified in this rulemaking (4) Model MYSTERE–FALCON 20–C5, 20– (2) For Model MYSTERE-FALCON 200
action. D5, 20–E5, and 20–F5 airplanes. airplanes: Dassault Service Bulletin F200–
Regulatory Findings (5) Model MYSTERE–FALCON 50 133, also referred to as 133, dated December
airplanes. 9, 2014.
We determined that this AD will not (3) For Model MYSTERE-FALCON 50
have federalism implications under (d) Subject airplanes: Dassault Service Bulletin F50–531,
Executive Order 13132. This AD will Air Transport Association (ATA) of also referred to as 531, dated December 9,
not have a substantial direct effect on America Code 52, Doors. 2014.
the States, on the relationship between (e) Reason (i) Other FAA AD Provisions
the national government and the States,
This AD was prompted by a report that, The following provisions also apply to this
or on the distribution of power and AD:
during approach for landing, the main entry
responsibilities among the various door detached from an airplane. We are (1) Alternative Methods of Compliance
levels of government. issuing this AD to detect and correct (AMOCs): The Manager, International
For the reasons discussed above, I defective crew/passenger doors. Such a Branch, ANM–116, Transport Airplane
certify that this AD: condition could result in the in-flight Directorate, FAA, has the authority to
1. Is not a ‘‘significant regulatory opening or detachment of the crew/passenger approve AMOCs for this AD, if requested
action’’ under Executive Order 12866; door, which could result in loss of control of using the procedures found in 14 CFR 39.19.
2. Is not a ‘‘significant rule’’ under the the airplane and injury to persons on the In accordance with 14 CFR 39.19, send your
DOT Regulatory Policies and Procedures ground. request to your principal inspector or local
(44 FR 11034, February 26, 1979); Flight Standards District Office, as
(f) Compliance appropriate. If sending information directly
3. Will not affect intrastate aviation in
Comply with this AD within the to the International Branch, send it to ATTN:
Alaska; and Tom Rodriguez, Aerospace Engineer,
4. Will not have a significant compliance times specified.
International Branch, ANM–116, Transport
economic impact, positive or negative, (g) Main Entry/Passenger/Crew Door Check Airplane Directorate, FAA, 1601 Lind
on a substantial number of small entities or Functional Test Avenue SW., Renton, WA 98057–3356;
under the criteria of the Regulatory Within 65 days after the effective date of telephone 425–227–1137; fax 425–227–1149.
Flexibility Act. this AD, unless done within 6 months before Information may be emailed to: 9-ANM-116-
the effective date of this AD, do the AMOC-REQUESTS@faa.gov. Before using
List of Subjects in 14 CFR Part 39 any approved AMOC, notify your appropriate
applicable functional test or door lock check
Air transportation, Aircraft, Aviation specified in paragraph (g)(1), (g)(2), or (g)(3) principal inspector, or lacking a principal
safety, Incorporation by reference, of this AD, and do all applicable corrective inspector, the manager of the local flight
Safety. actions, using a method approved by the standards district office/certificate holding
Manager, International Branch, ANM–116, district office.
Adoption of the Amendment Transport Airplane Directorate, FAA; or the (2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
Accordingly, under the authority European Aviation Safety Agency (EASA); or
actions from a manufacturer, the action must
delegated to me by the Administrator, Dassault Aviation’s EASA Design
be accomplished using a method approved
the FAA amends 14 CFR part 39 as Organization Approval (DOA). Do all
by the Manager, International Branch, ANM–
follows: applicable corrective actions before further
116, Transport Airplane Directorate, FAA; or
flight.
the EASA; or Dassault Aviation’s EASA
PART 39—AIRWORTHINESS (1) For Model FAN JET FALCON airplanes;
DOA. If approved by the DOA, the approval
DIRECTIVES Model FAN JET FALCON SERIES C, D, E, F, must include the DOA-authorized signature.
and G airplanes; and Model MYSTERE-
■ 1. The authority citation for part 39 FALCON 20–C5, 20–D5, 20–E5, and 20–F5 (j) Related Information
airplanes: A functional test of the passenger/
sradovich on DSK3GMQ082PROD with RULES
continues to read as follows: Refer to Mandatory Continuing
crew door warning system. Airworthiness Information (MCAI) EASA
Authority: 49 U.S.C. 106(g), 40113, 44701. (2) For Model MYSTERE-FALCON 200 Airworthiness Directive 2015–0007, dated
§ 39.13 [Amended] airplanes: A check of the door locking January 15, 2015, for related information.
indicator system. This MCAI may be found in the AD docket
■ 2. The FAA amends § 39.13 by adding (3) For Model MYSTERE-FALCON 50 on the Internet at http://www.regulations.gov
the following new airworthiness airplanes: A check of the door lock by searching for and locating Docket No.
directive (AD): indication. FAA–2016–7420.
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![1598 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Rules and Regulations
(k) Material Incorporated by Reference urogynecologic surgical mesh.’’ FDA is procedures in section 510(k) of the
(1) The Director of the Federal Register designating special controls that are FD&C Act (21 U.S.C. 360(k)) and 21 CFR
approved the incorporation by reference necessary to provide a reasonable part 807.
(IBR) of the service information listed in this assurance of safety and effectiveness of On July 9, 2012, the Food and Drug
paragraph under 5 U.S.C. 552(a) and 1 CFR the device. FDA is reclassifying this Administration Safety and Innovation
part 51. device on its own initiative based on Act (FDASIA) (Pub. L. 112–144) was
(2) You must use this service information new information. enacted. Section 608(a) of FDASIA
as applicable to do the actions required by amended section 513(e) of the FD&C
this AD, unless this AD specifies otherwise. DATES: This order is effective January 6,
2017. See further discussion in section Act, changing the mechanism for
(i) Dassault Service Bulletin F20–789, also
referred to as 789, dated December 9, 2014. V, ‘‘Implementation Strategy.’’ reclassifying a device from rulemaking
(ii) Dassault Service Bulletin F50–531, also to an administrative order.
FOR FURTHER INFORMATION CONTACT:
referred to as 531, dated December 9, 2014. Section 513(e) of the FD&C Act
Sharon Andrews, Center for Devices and provides that FDA may, by
(iii) Dassault Service Bulletin F200–133, Radiological Health, 10903 New
also referred to as 133, dated December 9, administrative order, reclassify a device
2014.
Hampshire Ave., Bldg. 66, Rm. G110, based upon ‘‘new information.’’ FDA
(3) For service information identified in Silver Spring, MD 20993, 301–796– can initiate a reclassification under
this AD, contact Dassault Falcon Jet 6529, Sharon.Andrews@fda.hhs.gov. section 513(e) of the FD&C Act or an
Corporation, Teterboro Airport, P.O. Box SUPPLEMENTARY INFORMATION: interested person may petition FDA to
2000, South Hackensack, NJ 07606; reclassify a device. The term ‘‘new
telephone 201–440–6700; Internet http:// I. Background—Regulatory Authorities
www.dassaultfalcon.com.
information,’’ as used in section 513(e)
The Federal Food, Drug, and Cosmetic of the FD&C Act, includes information
(4) You may view this service information Act (the FD&C Act) (21 U.S.C. 301 et
at the FAA, Transport Airplane Directorate, developed as a result of a reevaluation
seq.), as amended, established a of the data before the Agency when the
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
comprehensive system for the regulation device was originally classified, as well
material at the FAA, call 425–227–1221. of medical devices intended for human as information not presented, not
(5) You may view this service information use. Section 513 of the FD&C Act (21 available, or not developed at that time.
that is incorporated by reference at the U.S.C. 360c) established three categories (See, e.g., Holland-Rantos Co. v. United
National Archives and Records (classes) of devices, reflecting the States Department of Health, Education,
Administration (NARA). For information on regulatory controls needed to provide and Welfare, 587 F.2d 1173, 1174 n.1
the availability of this material at NARA, call reasonable assurance of their safety and
202–741–6030, or go to: http://
(D.C. Cir. 1978); Upjohn v. Finch, 422
effectiveness. The three categories of F.2d 944 (6th Cir. 1970); Bell v.
www.archives.gov/federal-register/cfr/ibr- devices are class I (general controls),
locations.html. Goddard, 366 F.2d 177 (7th Cir. 1966).)
class II (special controls), and class III Reevaluation of the data previously
Issued in Renton, Washington, on (premarket approval). before the Agency is an appropriate
December 23, 2016. Devices that were in commercial basis for subsequent action where the
Thomas Groves, distribution before the enactment of the reevaluation is made in light of newly
Acting Manager, Transport Airplane 1976 amendments on May 28, 1976, are available authority (see Bell, 366 F.2d at
Directorate, Aircraft Certification Service. generally referred to as preamendments 181; Ethicon, Inc. v. FDA, 762 F.Supp.
[FR Doc. 2016–31871 Filed 1–5–17; 8:45 am] devices. Under section 513(d) of the 382, 388–391 (D.D.C. 1991)), or in light
BILLING CODE 4910–13–P FD&C Act, preamendments devices are of changes in ‘‘medical science’’
classified after FDA has: (1) Received a (Upjohn, 422 F.2d at 951). Whether data
recommendation from a device before the Agency are old or new data,
DEPARTMENT OF HEALTH AND classification panel (an FDA advisory the ‘‘new information’’ to support
HUMAN SERVICES committee); (2) published the panel’s reclassification under section 513(e)
recommendation for comment, along must be ‘‘valid scientific evidence,’’ as
Food and Drug Administration with a proposed regulation classifying defined in section 513(a)(3) of the FD&C
the device; and (3) published a final Act and § 860.7(c)(2) (21 CFR
21 CFR Part 884 regulation classifying the device. FDA 860.7(c)(2)). (See, e.g., Gen. Medical Co.
has classified most preamendments v. FDA, 770 F.2d 214 (D.C. Cir. 1985);
[Docket No. FDA–2014–N–0297] devices under these procedures. Contact Lens Mfrs. Assoc. v. FDA, 766
Devices that were not in commercial F.2d 592 (D.C. Cir. 1985), cert. denied,
Obstetrical and Gynecological
distribution prior to May 28, 1976, are 474 U.S. 1062 (1986).) To be considered
Devices; Reclassification of Surgical
generally referred to as postamendments in the reclassification process, the
Instrumentation for Use With
devices. Postamendments devices are ‘‘valid scientific evidence’’ upon which
Urogynecologic Surgical Mesh
automatically classified into class III the Agency relies must be publicly
AGENCY: Food and Drug Administration, without any FDA rulemaking process available. Publicly available information
HHS. (section 513(f) of the FD&C Act). excludes trade secret and/or
ACTION: Final order. Postamendments devices remain in confidential commercial information,
class III and require premarket approval e.g., the contents of a pending premarket
SUMMARY: The Food and Drug unless, and until, the device is approval application (PMA). (See
Administration (FDA or the Agency) is reclassified into class I or II or FDA section 520(c) of the FD&C Act (21
reclassifying surgical instrumentation issues an order finding the device to be U.S.C. 360j(c)).)
sradovich on DSK3GMQ082PROD with RULES
for use with urogynecologic surgical substantially equivalent, under section The process for issuing a final
mesh from class I (general controls) 513(i) of the FD&C Act, to a predicate reclassification order is specified in
exempt from premarket notification to device that does not require premarket section 513(e)(1) of the FD&C Act. Prior
class II (special controls) and subject to approval. The Agency determines to the issuance of a final order
premarket notification, and identifying whether new devices are substantially reclassifying a device, the following
them as ‘‘specialized surgical equivalent to predicate devices by must occur: (1) Publication of a
instrumentation for use with means of premarket notification proposed order in the Federal Register;
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Document Created: 2017-01-06 01:30:16
Document Modified: 2017-01-06 01:30:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective February 10, 2017. | |
| 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. | |
| FR Citation | 82 FR 1595 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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