82 FR 25975 - Airworthiness Directives; Dassault Aviation Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 107 (June 6, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 107 (June 6, 2017)
| Page Range | 25975-25978 | |
| FR Document | 2017-11259 |
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)] [Proposed Rules] [Pages 25975-25978] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11259] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0529; Directorate Identifier 2016-NM-123-AD] RIN 2120-AA64 Airworthiness Directives; Dassault Aviation Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- 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- 0529; 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-2017-0529; Directorate Identifier 2016-NM-123-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 AD 2016-0129, 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 [[Page 25976]] FALCON 900EX airplanes. The MCAI states: The airworthiness limitations and maintenance requirements for the DA [Dassault Aviation] Falcon 900EX type design relating to Falcon 900EX Easy, Falcon 900LX and Falcon 900DX variants 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 2013-0052 [which corresponds to AD 2014-16-27, Amendment 39-17951 (79 FR 51071, August 27, 2014) (``2014-16-27'')] to require accomplishment of the maintenance tasks, and implementation of the airworthiness limitations, as specified in DA Falcon 900EX Easy/900LX/900DX AMM chapter 5-40 (DGT 113875) at revision 7. Since that [EASA] AD was issued, DA issued revision 9 of DA Falcon 900EX Easy/900LX/900DX AMM chapter 5-40 (DGT 113875) (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 2013-0052, 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- 0529. Related Service Information Under 1 CFR Part 51 We reviewed Chapter 5-40, Airworthiness Limitations, Revision 9, dated November 2015, of the Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance Manual. The service information describes procedures, maintenance tasks, and airworthiness limitations specified in the Airworthiness Limitations section (ALS) 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 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 2014-16-27. 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 2014-16-27. Accomplishment of the proposed actions would then terminate all requirements of AD 2014-16- 27. Airworthiness Limitations Based on Type Design The FAA recently became aware of an issue related to the applicability of ADs that require incorporation of an ALS revision into an operator's maintenance or inspection program. Typically, when these types of ADs are issued by civil aviation authorities of other countries, they apply to all airplanes covered under an identified type certificate (TC). The corresponding FAA AD typically retains applicability to all of those airplanes. In addition, U.S. operators must operate their airplanes in an airworthy condition, in accordance with 14 CFR 91.7(a). Included in this obligation is the requirement to perform any maintenance or inspections specified in the ALS, and in accordance with the ALS as specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been approved by the FAA. When a type certificate is issued for a type design, the specific ALS, including revisions, is a part of that type design, as specified in 14 CFR 21.31(c). The sum effect of these operational and maintenance requirements is an obligation to comply with the ALS defined in the type design referenced in the manufacturer's conformity statement. This obligation may introduce a conflict with an AD that requires a specific ALS revision if new airplanes are delivered with a later revision as part of their type design. To address this conflict, the FAA has approved alternative methods of compliance (AMOCs) that allow operators to incorporate the most recent ALS revision into their maintenance/inspection programs, in lieu of the ALS revision required by the AD. This eliminates the conflict and enables the operator to comply with both the AD and the type design. However, compliance with AMOCs is normally optional, and we recently became aware that some operators choose to retain the AD- mandated ALS revision in their fleet-wide maintenance/inspection programs, including those for new airplanes delivered with later ALS revisions, to help standardize the maintenance of the fleet. To ensure that operators comply with the applicable ALS revision for newly delivered airplanes containing a later revision than that specified in an AD, we plan to limit the applicability of ADs that mandate ALS revisions to those airplanes that are subject to an earlier revision of the ALS, either as part of the type design or as mandated by an earlier AD. This proposed AD therefore applies to Dassault Aviation Model FALCON 900EX airplanes with an original certificate of airworthiness or original export certificate of airworthiness that was issued on or before the date of approval of the ALS revision identified in this proposed AD. Operators of airplanes with an original certificate of airworthiness or original export certificate of airworthiness issued after that date must comply with the airworthiness limitations specified as part of the approved type design and referenced on the type certificate data sheet. Costs of Compliance We estimate that this proposed AD affects 63 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: [[Page 25977]] Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Maintenance or inspection program 1 work-hour x $85 per $0 $85 $5,355 revision. hour = $85. ---------------------------------------------------------------------------------------------------------------- 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-2017-0529; Directorate Identifier 2016-NM-123-AD. (a) Comments Due Date We must receive comments by July 21, 2017. (b) Affected ADs This AD affects AD 2014-16-27, Amendment 39-17951 (79 FR 51071, August 27, 2014) (``AD 2014-16-27''). (c) Applicability This AD applies to Dassault Aviation Model FALCON 900EX airplanes, serial number (S/N) 97 and S/N 120 and higher, certificated in any category, with an original certificate of airworthiness or original export certificate of airworthiness issued on or before November 1, 2015. (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 9, dated November 2015, of the Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance Manual. The initial compliance time for accomplishing the actions specified in Chapter 5-40, Airworthiness Limitations, Revision 9, dated November 2015, of the Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX 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. (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 2014-16-27. (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. [[Page 25978]] (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0129, 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-2017-0529. (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. 2017-11259 Filed 6-5-17; 8:45 am] BILLING CODE 4910-13-P
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PART 72—LICENSING Certificate Expiration Date: February Box 2000, South Hackensack, NJ 07606;
REQUIREMENTS FOR THE 4, 2029. telephone 201–440–6700; Internet
INDEPENDENT STORAGE OF SPENT Model Number: MAGNASTOR®. http://www.dassaultfalcon.com. You
NUCLEAR FUEL, HIGH-LEVEL * * * * * may view this referenced service
RADIOACTIVE WASTE, AND information at the FAA, Transport
Dated at Rockville, Maryland, this 24th day
REACTOR-RELATED GREATER THAN of May, 2017.
Airplane Directorate, 1601 Lind Avenue
CLASS C WASTE SW., Renton, WA. For information on
For the Nuclear Regulatory Commission.
the availability of this material at the
■ 1. The authority citation for part 72 Victor M. McCree, FAA, call 425–227–1221.
continues to read as follows: Executive Director for Operations.
Examining the AD Docket
Authority: Atomic Energy Act of 1954, [FR Doc. 2017–11682 Filed 6–5–17; 8:45 am]
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, BILLING CODE 7590–01–P
You may examine the AD docket on
183, 184, 186, 187, 189, 223, 234, 274 (42 the Internet at http://
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, www.regulations.gov by searching for
2099, 2111, 2201, 2210e, 2232, 2233, 2234, and locating Docket No. FAA–2017–
DEPARTMENT OF TRANSPORTATION
2236, 2237, 2238, 2273, 2282, 2021); Energy 0529; or in person at the Docket
Reorganization Act of 1974, secs. 201, 202, Management Facility between 9 a.m.
Federal Aviation Administration
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); and 5 p.m., Monday through Friday,
National Environmental Policy Act of 1969 except Federal holidays. The AD docket
(42 U.S.C. 4332); Nuclear Waste Policy Act 14 CFR Part 39
contains this proposed AD, the
of 1982, secs. 117(a), 132, 133, 134, 135, 137, [Docket No. FAA–2017–0529; Directorate
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
regulatory evaluation, any comments
Identifier 2016–NM–123–AD] received, and other information. The
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504 RIN 2120–AA64 street address for the Docket Operations
note. office (telephone 800–647–5527) is in
Airworthiness Directives; Dassault the ADDRESSES section. Comments will
■ 2. In § 72.214, Certificate of Aviation Airplanes be available in the AD docket shortly
Compliance 1031 is revised to read as
after receipt.
follows: AGENCY: Federal Aviation
FOR FURTHER INFORMATION CONTACT: Tom
Administration (FAA), DOT.
§ 72.214 List of approved spent fuel Rodriguez, Aerospace Engineer,
ACTION: Notice of proposed rulemaking
storage casks. International Branch, ANM–116,
(NPRM). Transport Airplane Directorate, FAA,
* * * * *
Certificate Number: 1031. SUMMARY: We propose to adopt a new 1601 Lind Avenue SW., Renton, WA
Initial Certificate Effective Date: airworthiness directive (AD) for certain 98057–3356; telephone 425–227–1137;
February 4, 2009, superseded by Initial Dassault Aviation Model FALCON fax 425–227–1149.
Certificate, Revision 1, on February 1, 900EX airplanes. This proposed AD was SUPPLEMENTARY INFORMATION:
2016. prompted by a determination that new Comments Invited
Initial Certificate, Revision 1, or more restrictive maintenance
Effective Date: February 1, 2016. requirements and/or airworthiness We invite you to send any written
Amendment Number 1 Effective Date: limitations are necessary. This proposed relevant data, views, or arguments about
August 30, 2010, superseded by AD would require revising the this proposed AD. Send your comments
Amendment Number 1, Revision 1, on to an address listed under the
maintenance or inspection program, as
February 1, 2016. ADDRESSES section. Include ‘‘Docket No.
applicable, to incorporate new or more
Amendment Number 1, Revision 1, FAA–2017–0529; Directorate Identifier
restrictive maintenance requirements
Effective Date: February 1, 2016. 2016–NM–123–AD’’ at the beginning of
and/or airworthiness limitations. We are
Amendment Number 2 Effective Date: your comments. We specifically invite
proposing this AD to address the unsafe
January 30, 2012, superseded by comments on the overall regulatory,
condition on these products.
Amendment Number 2, Revision 1, on economic, environmental, and energy
DATES: We must receive comments on aspects of this proposed AD. We will
February 1, 2016.
Amendment Number 2, Revision 1, this proposed AD by July 21, 2017. consider all comments received by the
Effective Date: February 1, 2016. ADDRESSES: You may send comments, closing date and may amend this
Amendment Number 3 Effective Date: using the procedures found in 14 CFR proposed AD based on those comments.
July 25, 2013, superseded by 11.43 and 11.45, by any of the following We will post all comments we
Amendment Number 3, Revision 1, on methods: receive, without change, to http://
February 1, 2016. • Federal eRulemaking Portal: Go to www.regulations.gov, including any
Amendment Number 3, Revision 1, http://www.regulations.gov. Follow the personal information you provide. We
Effective Date: February 1, 2016. instructions for submitting comments. will also post a report summarizing each
Amendment Number 4 Effective Date: • Fax: 202–493–2251. substantive verbal contact we receive
April 14, 2015. • Mail: U.S. Department of about this proposed AD.
Amendment Number 5 Effective Date: Transportation, Docket Operations, M–
30, West Building Ground Floor, Room Discussion
June 29, 2015.
Amendment Number 6 Effective Date: W12–140, 1200 New Jersey Avenue SE., The European Aviation Safety Agency
mstockstill on DSK30JT082PROD with PROPOSALS
December 21, 2016. Washington, DC 20590. (EASA), which is the Technical Agent
Amendment Number 7 Effective Date: • Hand Delivery: Deliver to Mail for the Member States of the European
August 21, 2017. address above between 9 a.m. and 5 Union, has issued EASA AD 2016–0129,
SAR Submitted by: NAC p.m., Monday through Friday, except dated June 23, 2016 (referred to after
International, Inc. Federal holidays. this as the Mandatory Continuing
SAR Title: Final Safety Analysis For service information identified in Airworthiness Information, or ‘‘the
Report for the MAGNASTOR® System. this NPRM, contact Dassault Falcon Jet MCAI’’), to correct an unsafe condition
Docket Number: 72–1031. Corporation, Teterboro Airport, P.O. for certain Dassault Aviation Model
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FALCON 900EX airplanes. The MCAI in the United States. Pursuant to our 91.403(c), unless an alternative has been
states: bilateral agreement with the State of approved by the FAA.
The airworthiness limitations and Design Authority, we have been notified When a type certificate is issued for
maintenance requirements for the DA of the unsafe condition described in the a type design, the specific ALS,
[Dassault Aviation] Falcon 900EX type MCAI and service information including revisions, is a part of that type
design relating to Falcon 900EX Easy, Falcon referenced above. We are proposing this design, as specified in 14 CFR 21.31(c).
900LX and Falcon 900DX variants are AD because we evaluated all pertinent The sum effect of these operational
included in Aircraft Maintenance Manual information and determined an unsafe and maintenance requirements is an
(AMM) chapter 5–40 and are approved by the condition exists and is likely to exist or obligation to comply with the ALS
European Aviation Safety Agency (EASA). develop on other products of the same defined in the type design referenced in
These instructions have been identified as
mandatory for continued airworthiness.
type design. the manufacturer’s conformity
Failure to accomplish these instructions This proposed AD would require statement. This obligation may
could result in an unsafe condition. revisions to certain operator introduce a conflict with an AD that
Consequently, EASA issued AD 2013–0052 maintenance documents to include new requires a specific ALS revision if new
[which corresponds to AD 2014–16–27, actions (e.g., inspections). Compliance airplanes are delivered with a later
Amendment 39–17951 (79 FR 51071, August with these actions is required by 14 CFR revision as part of their type design.
27, 2014) (‘‘2014–16–27’’)] to require 91.403(c). For airplanes that have been To address this conflict, the FAA has
accomplishment of the maintenance tasks, previously modified, altered, or repaired approved alternative methods of
and implementation of the airworthiness
in the areas addressed by this proposed compliance (AMOCs) that allow
limitations, as specified in DA Falcon 900EX
Easy/900LX/900DX AMM chapter 5–40 (DGT AD, the operator may not be able to operators to incorporate the most recent
113875) at revision 7. accomplish the actions described in the ALS revision into their maintenance/
Since that [EASA] AD was issued, DA revisions. In this situation, to comply inspection programs, in lieu of the ALS
issued revision 9 of DA Falcon 900EX Easy/ with 14 CFR 91.403(c), the operator revision required by the AD. This
900LX/900DX AMM chapter 5–40 (DGT must request approval for an alternative eliminates the conflict and enables the
113875) (hereafter referred to as ‘‘the ALS’’ method of compliance according to operator to comply with both the AD
in this AD), which contains new or more paragraph (j)(1) of this proposed AD. and the type design.
restrictive maintenance requirements and/or The request should include a However, compliance with AMOCs is
airworthiness limitations. The ALS
description of changes to the required normally optional, and we recently
introduces, among others, the following new
tasks: actions that will ensure the continued became aware that some operators
operational safety of the airplane. choose to retain the AD-mandated ALS
—Task 53–50–00–220–803 ‘‘Detailed
inspection of the baggage compartment’’; This proposed AD would not revision in their fleet-wide
—Task 53–50–00–220–807 ‘‘Detailed supersede AD 2014–16–27. Rather, we maintenance/inspection programs,
inspection of the upper part of frame 30.’’ have determined that a stand-alone AD including those for new airplanes
For the reason described above, this would be more appropriate to address delivered with later ALS revisions, to
[EASA] AD retains the requirements of EASA the changes in the MCAI. This proposed help standardize the maintenance of the
AD 2013–0052, which is superseded, and AD would require revising the fleet. To ensure that operators comply
requires accomplishment of the actions maintenance or inspection program, as with the applicable ALS revision for
specified in the ALS. applicable, to incorporate new or more newly delivered airplanes containing a
You may examine the MCAI in the restrictive maintenance requirements later revision than that specified in an
AD docket on the Internet at http:// and/or airworthiness limitations than AD, we plan to limit the applicability of
www.regulations.gov by searching for those required by AD 2014–16–27. ADs that mandate ALS revisions to
and locating Docket No. FAA–2017– Accomplishment of the proposed those airplanes that are subject to an
0529. actions would then terminate all earlier revision of the ALS, either as part
requirements of AD 2014–16–27. of the type design or as mandated by an
Related Service Information Under 1 earlier AD.
CFR Part 51 Airworthiness Limitations Based on
This proposed AD therefore applies to
Type Design
We reviewed Chapter 5–40, Dassault Aviation Model FALCON
Airworthiness Limitations, Revision 9, The FAA recently became aware of an 900EX airplanes with an original
dated November 2015, of the Falcon issue related to the applicability of ADs certificate of airworthiness or original
900EX EASy, Falcon 900LX, and Falcon that require incorporation of an ALS export certificate of airworthiness that
900DX Maintenance Manual. The revision into an operator’s maintenance was issued on or before the date of
service information describes or inspection program. approval of the ALS revision identified
procedures, maintenance tasks, and Typically, when these types of ADs in this proposed AD. Operators of
airworthiness limitations specified in are issued by civil aviation authorities airplanes with an original certificate of
the Airworthiness Limitations section of other countries, they apply to all airworthiness or original export
(ALS) of the AMM. This service airplanes covered under an identified certificate of airworthiness issued after
information is reasonably available type certificate (TC). The corresponding that date must comply with the
because the interested parties have FAA AD typically retains applicability airworthiness limitations specified as
access to it through their normal course to all of those airplanes. part of the approved type design and
of business or by the means identified In addition, U.S. operators must referenced on the type certificate data
mstockstill on DSK30JT082PROD with PROPOSALS
in the ADDRESSES section. operate their airplanes in an airworthy sheet.
condition, in accordance with 14 CFR
FAA’s Determination and Requirements 91.7(a). Included in this obligation is the Costs of Compliance
of This Proposed AD requirement to perform any We estimate that this proposed AD
This product has been approved by maintenance or inspections specified in affects 63 airplanes of U.S. registry.
the aviation authority of another the ALS, and in accordance with the We estimate the following costs to
country, and is approved for operation ALS as specified in 14 CFR 43.16 and comply with this proposed AD:
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ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
Maintenance or inspection program revision .. 1 work-hour × $85 per hour = $85 ................. $0 $85 $5,355
Authority for This Rulemaking PART 39—AIRWORTHINESS maintenance manual or 90 days after the
DIRECTIVES effective date of this AD, whichever occurs
Title 49 of the United States Code later, except as provided by paragraphs (g)(1)
specifies the FAA’s authority to issue through (g)(4) of this AD.
■ 1. The authority citation for part 39
rules on aviation safety. Subtitle I, (1) The term ‘‘LDG’’ in the ‘‘First
continues to read as follows:
section 106, describes the authority of Inspection’’ column of any table in the
the FAA Administrator. ‘‘Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. service information means total airplane
Aviation Programs,’’ describes in more § 39.13 [Amended]
landings.
detail the scope of the Agency’s (2) The term ‘‘FH’’ in the ‘‘First Inspection’’
■ 2. The FAA amends § 39.13 by adding column of any table in the service
authority.
We are issuing this rulemaking under the following new airworthiness information means total flight hours.
the authority described in ‘‘Subtitle VII, directive (AD): (3) The term ‘‘FC’’ in the ‘‘First Inspection’’
Dassault Aviation: Docket No. FAA–2017– column of any table in the service
Part A, Subpart III, Section 44701:
0529; Directorate Identifier 2016–NM– information means total flight cycles.
General requirements.’’ Under that (4) The term ‘‘M’’ in the ‘‘First Inspection’’
section, Congress charges the FAA with 123–AD.
column of any table in the service
promoting safe flight of civil aircraft in (a) Comments Due Date information means months.
air commerce by prescribing regulations We must receive comments by July 21,
for practices, methods, and procedures (h) No Alternative Actions and Intervals
2017.
the Administrator finds necessary for After accomplishing the revision required
(b) Affected ADs by paragraph (g) of this AD, no alternative
safety in air commerce. This regulation
is within the scope of that authority This AD affects AD 2014–16–27, actions (e.g., inspections) or intervals may be
Amendment 39–17951 (79 FR 51071, August used unless the actions or intervals are
because it addresses an unsafe condition 27, 2014) (‘‘AD 2014–16–27’’). approved as an alternative method of
that is likely to exist or develop on compliance (AMOC) in accordance with the
products identified in this rulemaking (c) Applicability
procedures specified in paragraph (j)(1) of
action. This AD applies to Dassault Aviation this AD.
Model FALCON 900EX airplanes, serial
Regulatory Findings number (S/N) 97 and S/N 120 and higher, (i) Terminating Action
We determined that this proposed AD certificated in any category, with an original Accomplishing paragraph (g) of this AD
would not have federalism implications certificate of airworthiness or original export terminates all requirements of AD 2014–16–
under Executive Order 13132. This certificate of airworthiness issued on or 27.
before November 1, 2015.
proposed AD would not have a (j) Other FAA AD Provisions
substantial direct effect on the States, on (d) Subject
The following provisions also apply to this
the relationship between the national Air Transport Association (ATA) of AD:
Government and the States, or on the America Code 05, Time Limits/Maintenance (1) Alternative Methods of Compliance
distribution of power and Checks. (AMOCs): The Manager, International
responsibilities among the various (e) Reason Branch, ANM–116, Transport Airplane
levels of government. This AD was prompted by a determination
Directorate, FAA, has the authority to
For the reasons discussed above, I that new or more restrictive maintenance
approve AMOCs for this AD, if requested
certify this proposed regulation: using the procedures found in 14 CFR 39.19.
requirements and/or airworthiness
1. Is not a ‘‘significant regulatory In accordance with 14 CFR 39.19, send your
limitations are necessary. We are issuing this
action’’ under Executive Order 12866; request to your principal inspector or local
AD to prevent reduced structural integrity of
2. Is not a ‘‘significant rule’’ under the Flight Standards District Office, as
the airplane.
appropriate. If sending information directly
DOT Regulatory Policies and Procedures
(f) Compliance to the manager of the International Branch,
(44 FR 11034, February 26, 1979); send it to the attention of the person
3. Will not affect intrastate aviation in Comply with this AD within the
compliance times specified, unless already identified in paragraph (k)(2) of this AD.
Alaska; and Information may be emailed to: 9-ANM-116-
4. Will not have a significant done.
AMOC-REQUESTS@faa.gov. Before using
economic impact, positive or negative, (g) Revision of Maintenance or Inspection any approved AMOC, notify your appropriate
on a substantial number of small entities Program principal inspector, or lacking a principal
under the criteria of the Regulatory Within 90 days after the effective date of inspector, the manager of the local flight
Flexibility Act. this AD, revise the maintenance or inspection standards district office/certificate holding
program, as applicable, to incorporate the district office.
List of Subjects in 14 CFR Part 39 information specified in Chapter 5–40, (2) Contacting the Manufacturer: For any
Air transportation, Aircraft, Aviation Airworthiness Limitations, Revision 9, dated requirement in this AD to obtain corrective
mstockstill on DSK30JT082PROD with PROPOSALS
safety, Incorporation by reference, November 2015, of the Falcon 900EX EASy, actions from a manufacturer, the action must
Falcon 900LX, and Falcon 900DX be accomplished using a method approved
Safety. by the Manager, International Branch, ANM–
Maintenance Manual. The initial compliance
The Proposed Amendment time for accomplishing the actions specified 116, Transport Airplane Directorate, FAA; or
in Chapter 5–40, Airworthiness Limitations, the European Aviation Safety Agency
Accordingly, under the authority Revision 9, dated November 2015, of the (EASA); or Dassault Aviation’s EASA Design
delegated to me by the Administrator, Falcon 900EX EASy, Falcon 900LX, and Organization Approval (DOA). If approved by
the FAA proposes to amend 14 CFR part Falcon 900DX Maintenance Manual, is the DOA, the approval must include the
39 as follows: within the applicable times specified in the DOA-authorized signature.
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![25978 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
(k) Related Information • Federal eRulemaking Docket: Go to of written comments, or if comments are
(1) Refer to Mandatory Continuing http://www.regulations.gov. Follow the filed electronically, commenters should
Airworthiness Information (MCAI) EASA online instructions for sending your submit only one time.
Airworthiness Directive 2016–0129, dated comments electronically. We will file in the docket all
June 23, 2016, for related information. This • Fax: 202–493–2251. comments that we receive, as well as a
MCAI may be found in the AD docket on the • Mail: Send comments to the U.S. report summarizing each substantive
Internet at http://www.regulations.gov by Department of Transportation, Docket public contact with FAA personnel
searching for and locating Docket No. FAA– concerning this proposed rulemaking.
2017–0529.
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200 Before acting on this proposal, we will
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer, New Jersey Avenue SE., Washington, consider all comments we receive on or
International Branch, ANM–116, Transport DC 20590–0001. before the closing date for comments.
Airplane Directorate, FAA, 1601 Lind • Hand Delivery: Deliver to the We will consider comments filed after
Avenue SW., Renton, WA 98057–3356; ‘‘Mail’’ address between 9 a.m. and 5 the comment period has closed if it is
telephone 425–227–1137; fax 425–227–1149. p.m., Monday through Friday, except possible to do so without incurring
(3) For service information identified in Federal holidays. expense or delay. We may change this
this AD, contact Dassault Falcon Jet proposal in light of the comments we
Corporation, Teterboro Airport, P.O. Box Examining the AD Docket receive.
2000, South Hackensack, NJ 07606;
telephone 201–440–6700; Internet http://
You may examine the AD docket on Discussion
www.dassaultfalcon.com. You may view this the Internet at http://
www.regulations.gov by searching for We propose to adopt a new AD for
service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., and locating Docket No. FAA–2017– Honeywell MK XXI EGPWS part
Renton, WA. For information on the 0492; or in person at the Docket number (P/N) 965–1227–005 and MK
availability of this material at the FAA, call Operations Office between 9 a.m. and 5 XXII EGPWS P/N 965–1595–020, P/N
425–227–1221. p.m., Monday through Friday, except 965–1595–021, 965–1595–022, 965–
Federal holidays. The AD docket 1595–024, 965–1595–026, 965–1595–
Issued in Renton, Washington, on May 23,
2017. contains this proposed AD, the 028, and 965–1595–030 installed on
economic evaluation, any comments various normal and transport category
Michael Kaszycki,
received, and other information. The helicopters from five manufacturers.
Acting Manager, Transport Airplane This proposed AD would require
Directorate, Aircraft Certification Service. street address for the Docket Operations
Office (telephone 800–647–5527) is in updating the software of the EGPWS.
[FR Doc. 2017–11259 Filed 6–5–17; 8:45 am]
the ADDRESSES section. Comments will This proposed AD is prompted by a
BILLING CODE 4910–13–P software defect found by Honeywell in
be available in the AD docket shortly
certain MK XXI and MK XXII EGPWSs
after receipt.
during testing. The testing revealed the
DEPARTMENT OF TRANSPORTATION For service information identified in
terrain alerting feature will not function
this proposed rule, contact Honeywell
Federal Aviation Administration as intended in certain specific
International Inc., 15001 NE. 36 Street,
geographical areas under altitudes of
Redmond, Washington 98052–5317;
14 CFR Part 39 175-feet mean sea level (MSL).
telephone (800) 601–3099; internet
According to Honeywell, the terrain
[Docket No. FAA–2017–0492; Directorate address www.myaerospace.com. You
display is not affected by the defect and
Identifier 2016–SW–025–AD] may review the referenced service
will correctly present terrain and its
information at the FAA, Office of the
RIN 2120–AA64 corresponding elevation information.
Regional Counsel, Southwest Region,
However, in some locations, the EGPWS
10101 Hillwood Pkwy., Room 6N–321,
Airworthiness Directives; Honeywell will not issue a warning or caution for
Fort Worth, TX 76177.
International Inc. (Honeywell) terrain, water, or obstacles below 175
Enhanced Ground Proximity Warning FOR FURTHER INFORMATION CONTACT: Judy feel MSL. Without this feature of the
System (EGPWS) Heredia, Aviation Safety Engineer, Los EGPWS, the helicopter could potentially
Angeles Aircraft Certification Office, operate into threatening terrain or
AGENCY: Federal Aviation Transport Airplane Directorate, FAA, obstacles without providing any
Administration (FAA), DOT. 3960 Paramount Blvd., Lakewood, warning to the crew, resulting in loss of
ACTION: Notice of proposed rulemaking California 90712; telephone (562) 627– the helicopter. Since the defect was
(NPRM). 5335; email judy.heredia@faa.gov. discovered, Honeywell has developed a
SUPPLEMENTARY INFORMATION: software modification (MOD) that
SUMMARY: We propose to adopt a new
Comments Invited corrects this condition.
airworthiness directive (AD) for various
normal and transport category rotorcraft We invite you to participate in this Record of Ex Parte Communication
with certain Honeywell EGPWS rulemaking by submitting written In preparation of AD actions such as
installed. This proposed AD would comments, data, or views. We also notices of proposed rulemaking and
require updating the software version of invite comments relating to the immediately adopted final rules, it is
the EGPWS. This proposed AD is economic, environmental, energy, or the practice of the FAA to obtain
prompted by a software defect that federalism impacts that might result technical information and information
mstockstill on DSK30JT082PROD with PROPOSALS
prevents the EGPWS from providing from adopting the proposals in this on the operational and economic impact
terrain warnings. The proposed actions document. The most helpful comments from design approval holders and
are intended to address an unsafe reference a specific portion of the aircraft operators. We discussed certain
condition on these products. proposal, explain the reason for any aspects of this proposed AD by email
DATES: We must receive comments on recommended change, and include with Honeywell. A copy of each email
this proposed AD by August 7, 2017. supporting data. To ensure the docket contact can be found in the rulemaking
ADDRESSES: You may send comments by does not contain duplicate comments, docket. For information on locating the
any of the following methods: commenters should send only one copy docket, see ‘‘Examining the AD Docket.’’
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Document Created: 2017-06-06 06:21:34
Document Modified: 2017-06-06 06:21:34
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by July 21, 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 25975 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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