82 FR 25980 - 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 | 25980-25983 | |
| FR Document | 2017-11261 |
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)] [Proposed Rules] [Pages 25980-25983] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11261] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0525; Directorate Identifier 2016-NM-121-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 all Dassault Aviation Model MYSTERE-FALCON 900 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- 0525; 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 [[Page 25981]] 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-2017-0525; Directorate Identifier 2016-NM-121-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2016-0127, dated June 23, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Dassault Aviation Model MYSTERE-FALCON 900 airplanes. The MCAI states: The airworthiness limitations and maintenance requirements for the DA [Dassault Aviation] Myst[egrave]re-Falcon 900 type design are included in Aircraft Maintenance Manual (AMM) chapter 5-40 and are approved by the European Aviation Safety Agency (EASA). These instructions have been identified as mandatory for continued airworthiness. Failure to accomplish these instructions could result in an unsafe condition. Consequently, EASA issued AD 2013-0053 [which corresponds with AD 2016-01-16, Amendment 39-18376 (81 FR 3320, January 21, 2016) (``AD 2016-01-16'')] to require accomplishment of the maintenance tasks, and implementation of the airworthiness limitations, as specified in DA Myst[egrave]re-Falcon 900 AMM chapter 5-40 (DGT 113873) at revision 20. Since that [EASA] AD was issued, DA issued revision 22 of Myst[egrave]re-Falcon 900 AMM chapter 5-40 (DGT 113873) (hereafter referred to as ``the ALS'' in this [EASA] AD), which contains new or more restrictive maintenance requirements and/or airworthiness limitations. The ALS introduces, among others, the following new tasks: --Task 53-40-07-280-803 ``Special detailed inspection of the repaired areas on centre-wing lower panel''; --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 2013-0053, 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- 0525. Related Service Information Under 1 CFR Part 51 Dassault issued Chapter 5-40, Airworthiness Limitations, Revision 22, dated December 2015, of the Dassault Aviation Falcon 900 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 2016-01-16. 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 2016-01-16. Accomplishment of the proposed actions would then terminate all the requirements of AD 2016- 01-16. 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 [[Page 25982]] 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 Dassault Aviation Model MYSTERE-FALCON 900 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 65 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: 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 $5,525 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-2017-0525; Directorate Identifier 2016-NM-121-AD. (a) Comments Due Date We must receive comments by July 21, 2017. (b) Affected ADs This AD affects AD 2016-01-16, Amendment 39-18376 (81 FR 3320, January 21, 2016) (``AD 2016-01-16''). (c) Applicability This AD applies to all Dassault Aviation MYSTERE-FALCON 900 airplanes, certificated in any category, with an original certificate of airworthiness or original export certificate of airworthiness issued on or before December 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 22, dated December 2015, of the Dassault Aviation Falcon 900 Maintenance Manual. The initial compliance time for accomplishing the actions specified in Chapter 5-40, Airworthiness Limitations, Revision 22, dated December 2015, of the Dassault Aviation Falcon 900 Maintenance Manual, is within the applicable times specified in the maintenance manual, or within 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 [[Page 25983]] procedures specified in paragraph (j)(1) of this AD. (i) Terminating Action Accomplishing paragraph (g) of this AD terminates all the requirements of AD 2016-01-16. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Branch, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Dassault Aviation's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0127, 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-2017-0525. (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. 2017-11261 Filed 6-5-17; 8:45 am] BILLING CODE 4910-13-P
![25980 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
(6) Bell Helicopter Textron Model 430; (5) Do not install an EGPWS on any FALCON 900 airplanes. This proposed
(7) MD Helicopters, Inc. Model MD900; helicopter unless you have complied with AD was prompted by a determination
and the requirements in this AD. that new or more restrictive
(8) Sikorsky Aircraft Corporation Model S– (f) Alternative Methods of Compliance maintenance requirements and/or
76B, S–76C, S–76D, and S–92A. (AMOC) airworthiness limitations are necessary.
(b) Unsafe Condition (1) The Manager, Los Angeles Aircraft This proposed AD would require
This AD defines the unsafe condition as Certification Office, FAA, may approve revising the maintenance or inspection
failure of an EGPWS to generate a terrain AMOCs for this AD. Send your proposal to: program, as applicable, to incorporate
warning, which could result in flight into Judy Heredia, Aviation Safety Engineer, Los new or more restrictive maintenance
terrain. Angeles Aircraft Certification Office, requirements and/or airworthiness
Transport Airplane Directorate, FAA, 3960
(c) Comments Due Date
limitations. We are proposing this AD to
Paramount Blvd., Lakewood, California
90712; telephone (562) 627–5335; email 9- address the unsafe condition on these
We must receive comments by August 7, products.
2017. ANM-LAACO-AMOC-REQUESTS@faa.gov.
(2) For operations conducted under a 14 DATES: We must receive comments on
(d) Compliance CFR part 119 operating certificate or under this proposed AD by July 21, 2017.
You are responsible for performing each 14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or ADDRESSES: You may send comments,
action required by this AD within the
specified compliance time unless it has lacking a principal inspector, the manager of using the procedures found in 14 CFR
already been accomplished prior to that time. the local flight standards district office or 11.43 and 11.45, by any of the following
certificate holding district office before methods:
(e) Required Actions operating any aircraft complying with this • Federal eRulemaking Portal: Go to
Within 1,080 hours time-in-service: AD through an AMOC. http://www.regulations.gov. Follow the
(1) Install terrain database version 437 if (g) Additional Information instructions for submitting comments.
not already installed.
Honeywell SB ATA No. 965–1590/1595– • Fax: 202–493–2251.
(2) For helicopters with an MK XXI
EGPWS P/N 965–1227–005: 34–18, dated July 30, 2004, which is not • Mail: U.S. Department of
(i) Update the software by following the incorporated by reference, contains Transportation, Docket Operations, M–
additional information about the subject of 30, West Building Ground Floor, Room
Accomplishment Instructions, paragraphs
this AD. For service information identified in W12–140, 1200 New Jersey Avenue SE.,
3.B.(1)(a) through 3.B.(1)(j), of Honeywell
this AD, contact Honeywell International
Service Bulletin (SB) 965–1227–34–0001, Washington, DC 20590.
Inc., 15001 NE. 36 Street, Redmond,
Revision 0, dated May 4, 2015 (SB 965–1227–
Washington, 98052–5317; telephone (800) • Hand Delivery: Deliver to Mail
34–0001). address above between 9 a.m. and 5
601–3099; internet address
(ii) Determine whether the software www.myaerospace.com. You may review a p.m., Monday through Friday, except
updated by following paragraphs 3.B.(2)(a) copy of information at the FAA, Office of the Federal holidays.
through 3.B.(2)(d) of SB 965–1227–34–0001. Regional Counsel, Southwest Region, 10101 For service information identified in
(iii) Install a new software version label on Hillwood Pkwy, Room 6N–321, Fort Worth,
the EGPWS by following paragraph 3.D.(1) or this NPRM, contact Dassault Falcon Jet
TX 76177. Corporation, Teterboro Airport, P.O.
3.D.(2), as appropriate for your model
EGPWS, of SB 965–1227–34–0001. (h) Subject Box 2000, South Hackensack, NJ 07606;
(3) For helicopters with an MK XXII Joint Aircraft Service Component (JASC) telephone 201–440–6700; Internet
EGPWS P/N 965–1595–020, P/N 965–1595– Code: 3444 Ground Proximity System. http://www.dassaultfalcon.com. You
021, or P/N 965–1595–022: may view this referenced service
Issued in Fort Worth, Texas, on May 15,
(i) Update the software by following the information at the FAA, Transport
2017.
Accomplishment Instructions, paragraphs Airplane Directorate, 1601 Lind Avenue
3.C.(1)(a) through (h), of Honeywell SB 965– Scott A. Horn,
SW., Renton, WA. For information on
1595–34–0035, Revision 0, dated March 25, Acting Manager, Rotorcraft Directorate,
the availability of this material at the
2015 (SB 965–1595–34–0035). Aircraft Certification Service.
(ii) Determine whether the software
FAA, call 425–227–1221.
[FR Doc. 2017–11174 Filed 6–5–17; 8:45 am]
updated by following paragraphs 3.C.(2)(a) BILLING CODE 4910–13–P Examining the AD Docket
through 3.C.(2)(d)6 or 3.C.(3)(a) through (g) of
SB 965–1595–34–0035. You may examine the AD docket on
(iii) Install a new software version label on the Internet at http://
DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for
the EGPWS by following paragraph 3.E.(1) or
3.E.(2), as appropriate for your model
Federal Aviation Administration and locating Docket No. FAA–2017–
EGPWS, of SB 965–1595–34–0035. 0525; or in person at the Docket
(4) For helicopters with an MK XXII Management Facility between 9 a.m.
EGPWS P/N 965–1595–024, P/N 965–1595– 14 CFR Part 39
and 5 p.m., Monday through Friday,
026, P/N 965–1595–028, or P/N 965–1595– [Docket No. FAA–2017–0525; Directorate except Federal holidays. The AD docket
030: Identifier 2016–NM–121–AD]
(i) Update the software by following the
contains this proposed AD, the
Accomplishment Instructions, paragraphs RIN 2120–AA64 regulatory evaluation, any comments
3.C.(1)(a) through 3.C.(1)(h), of Honeywell received, and other information. The
Service Bulletin 965–1595–34–0034, Airworthiness Directives; Dassault street address for the Docket Operations
Revision 0, dated February 18, 2015 (SB 965– Aviation Airplanes office (telephone 800–647–5527) is in
mstockstill on DSK30JT082PROD with PROPOSALS
1595–34–0034). the ADDRESSES section. Comments will
(ii) Determine whether the software AGENCY: Federal Aviation
be available in the AD docket shortly
updated by following paragraphs 3.C.(2)(a) Administration (FAA), DOT.
after receipt.
through 3.C.(2)(d)6 or 3.C.(3)(a) through ACTION: Notice of proposed rulemaking
3.C.(3)(g) of SB 965–1595–34–0034. (NPRM). FOR FURTHER INFORMATION CONTACT: Tom
(iii) Install a new software version label on Rodriguez, Aerospace Engineer,
the EGPWS by following paragraph 3.E.(1) or SUMMARY: We propose to adopt a new International Branch, ANM–116,
3.E.(2), as appropriate for your model airworthiness directive (AD) for all Transport Airplane Directorate, FAA,
EGPWS, of SB 965–1595–34–0034. Dassault Aviation Model MYSTERE– 1601 Lind Avenue SW., Renton, WA
VerDate Sep<11>2014 02:12 Jun 06, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\06JNP1.SGM 06JNP1](https://thefederalregister.org/doc/82_FR_26087/page/1.svg)
![Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules 25981
98057–3356; telephone 425–227–1137; —Task 53–50–00–220–803 ‘‘Detailed have determined that a stand-alone AD
fax 425–227–1149. inspection of the baggage compartment’’; would be more appropriate to address
—Task 53–50–00–220–807 ‘‘Detailed the changes in the MCAI. This proposed
SUPPLEMENTARY INFORMATION:
inspection of the upper part of frame 30.’’ AD would require revising the
Comments Invited For the reason described above, this maintenance or inspection program, as
[EASA] AD retains the requirements of EASA applicable, to incorporate new or more
We invite you to send any written
AD 2013–0053, which is superseded, and
relevant data, views, or arguments about restrictive maintenance requirements
requires accomplishment of the actions
this proposed AD. Send your comments specified in the ALS. and/or airworthiness limitations than
to an address listed under the those required by AD 2016–01–16.
ADDRESSES section. Include ‘‘Docket No. You may examine the MCAI in the Accomplishment of the proposed
FAA–2017–0525; Directorate Identifier AD docket on the Internet at http:// actions would then terminate all the
2016–NM–121–AD’’ at the beginning of www.regulations.gov by searching for requirements of AD 2016–01–16.
your comments. We specifically invite and locating Docket No. FAA–2017–
0525. Airworthiness Limitations Based on
comments on the overall regulatory, Type Design
economic, environmental, and energy Related Service Information Under 1
aspects of this proposed AD. We will The FAA recently became aware of an
CFR Part 51
consider all comments received by the issue related to the applicability of ADs
Dassault issued Chapter 5–40, that require incorporation of an ALS
closing date and may amend this
Airworthiness Limitations, Revision 22, revision into an operator’s maintenance
proposed AD based on those comments.
dated December 2015, of the Dassault or inspection program.
We will post all comments we
Aviation Falcon 900 Maintenance Typically, when these types of ADs
receive, without change, to http://
Manual. The service information are issued by civil aviation authorities
www.regulations.gov, including any
describes procedures, maintenance of other countries, they apply to all
personal information you provide. We
tasks, and airworthiness limitations airplanes covered under an identified
will also post a report summarizing each
specified in the Airworthiness type certificate (TC). The corresponding
substantive verbal contact we receive
Limitations section (ALS) of the AMM. FAA AD typically retains applicability
about this proposed AD.
This service information is reasonably to all of those airplanes.
Discussion available because the interested parties In addition, U.S. operators must
The European Aviation Safety Agency have access to it through their normal operate their airplanes in an airworthy
(EASA), which is the Technical Agent course of business or by the means condition, in accordance with 14 CFR
for the Member States of the European identified in the ADDRESSES section. 91.7(a). Included in this obligation is the
Union, has issued EASA Airworthiness requirement to perform any
FAA’s Determination and Requirements
Directive 2016–0127, dated June 23, maintenance or inspections specified in
of This Proposed AD
2016 (referred to after this as the the ALS, and in accordance with the
This product has been approved by ALS as specified in 14 CFR 43.16 and
Mandatory Continuing Airworthiness
the aviation authority of another 91.403(c), unless an alternative has been
Information, or ‘‘the MCAI’’), to correct
country, and is approved for operation approved by the FAA.
an unsafe condition for all Dassault
in the United States. Pursuant to our When a type certificate is issued for
Aviation Model MYSTERE–FALCON
bilateral agreement with the State of a type design, the specific ALS,
900 airplanes. The MCAI states:
Design Authority, we have been notified including revisions, is a part of that type
The airworthiness limitations and of the unsafe condition described in the design, as specified in 14 CFR 21.31(c).
maintenance requirements for the DA MCAI and service information The sum effect of these operational
[Dassault Aviation] Mystère-Falcon 900 type
referenced above. We are proposing this and maintenance requirements is an
design are included in Aircraft Maintenance
Manual (AMM) chapter 5–40 and are AD because we evaluated all pertinent obligation to comply with the ALS
approved by the European Aviation Safety information and determined an unsafe defined in the type design referenced in
Agency (EASA). These instructions have condition exists and is likely to exist or the manufacturer’s conformity
been identified as mandatory for continued develop on other products of the same statement. This obligation may
airworthiness. type design. introduce a conflict with an AD that
Failure to accomplish these instructions This proposed AD would require requires a specific ALS revision if new
could result in an unsafe condition. revisions to certain operator airplanes are delivered with a later
Consequently, EASA issued AD 2013–0053 maintenance documents to include new revision as part of their type design.
[which corresponds with AD 2016–01–16, actions (e.g., inspections). Compliance To address this conflict, the FAA has
Amendment 39–18376 (81 FR 3320, January
21, 2016) (‘‘AD 2016–01–16’’)] to require
with these actions is required by 14 CFR approved alternative methods of
accomplishment of the maintenance tasks, 91.403(c). For airplanes that have been compliance (AMOCs) that allow
and implementation of the airworthiness previously modified, altered, or repaired operators to incorporate the most recent
limitations, as specified in DA Mystère- in the areas addressed by this proposed ALS revision into their maintenance/
Falcon 900 AMM chapter 5–40 (DGT 113873) AD, the operator may not be able to inspection programs, in lieu of the ALS
at revision 20. accomplish the actions described in the revision required by the AD. This
Since that [EASA] AD was issued, DA revisions. In this situation, to comply eliminates the conflict and enables the
issued revision 22 of Mystère-Falcon 900 with 14 CFR 91.403(c), the operator operator to comply with both the AD
AMM chapter 5–40 (DGT 113873) (hereafter must request approval for an alternative and the type design.
mstockstill on DSK30JT082PROD with PROPOSALS
referred to as ‘‘the ALS’’ in this [EASA] AD), However, compliance with AMOCs is
which contains new or more restrictive
method of compliance according to
maintenance requirements and/or paragraph (j)(1) of this proposed AD. normally optional, and we recently
airworthiness limitations. The ALS The request should include a became aware that some operators
introduces, among others, the following new description of changes to the required choose to retain the AD-mandated ALS
tasks: actions that will ensure the continued revision in their fleet-wide
—Task 53–40–07–280–803 ‘‘Special detailed operational safety of the airplane. maintenance/inspection programs,
inspection of the repaired areas on centre- This proposed AD would not including those for new airplanes
wing lower panel’’; supersede AD 2016–01–16. Rather, we delivered with later ALS revisions, to
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![25982 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
help standardize the maintenance of the applies Dassault Aviation Model the airworthiness limitations specified
fleet. To ensure that operators comply MYSTERE–FALCON 900 airplanes with as part of the approved type design and
with the applicable ALS revision for an original certificate of airworthiness referenced on the type certificate data
newly delivered airplanes containing a or original export certificate of sheet.
later revision than that specified in an airworthiness that was issued on or
AD, we plan to limit the applicability of before the date of approval of the ALS Costs of Compliance
ADs that mandate ALS revisions to revision identified in this proposed AD.
We estimate that this proposed AD
those airplanes that are subject to an Operators of airplanes with an original
affects 65 airplanes of U.S. registry.
earlier revision of the ALS, either as part certificate of airworthiness or original
of the type design or as mandated by an export certificate of airworthiness We estimate the following costs to
earlier AD. This proposed AD therefore issued after that date must comply with comply with this proposed AD:
ESTIMATED COSTS
Cost per Cost on
Action Labor cost Parts cost product U.S. operators
Maintenance or inspection program revision .. 1 work-hour × $85 per hour = $85 ................. $0 $85 $5,525
Authority for This Rulemaking under the criteria of the Regulatory (e) Reason
Flexibility Act. This AD was prompted by a determination
Title 49 of the United States Code
that new or more restrictive maintenance
specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 requirements and/or airworthiness
rules on aviation safety. Subtitle I, limitations are necessary. We are issuing this
section 106, describes the authority of Air transportation, Aircraft, Aviation
AD to prevent reduced structural integrity of
the FAA Administrator. ‘‘Subtitle VII: safety, Incorporation by reference, the airplane.
Aviation Programs,’’ describes in more Safety.
detail the scope of the Agency’s (f) Compliance
The Proposed Amendment
authority. Comply with this AD within the
We are issuing this rulemaking under Accordingly, under the authority compliance times specified, unless already
delegated to me by the Administrator, done.
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701: the FAA proposes to amend 14 CFR part (g) Revision of Maintenance or Inspection
General requirements.’’ Under that 39 as follows: Program
section, Congress charges the FAA with Within 90 days after the effective date of
promoting safe flight of civil aircraft in PART 39—AIRWORTHINESS this AD, revise the maintenance or inspection
air commerce by prescribing regulations DIRECTIVES program, as applicable, to incorporate the
for practices, methods, and procedures information specified in Chapter 5–40,
the Administrator finds necessary for ■ 1. The authority citation for part 39 Airworthiness Limitations, Revision 22,
safety in air commerce. This regulation continues to read as follows: dated December 2015, of the Dassault
Aviation Falcon 900 Maintenance Manual.
is within the scope of that authority Authority: 49 U.S.C. 106(g), 40113, 44701. The initial compliance time for
because it addresses an unsafe condition accomplishing the actions specified in
that is likely to exist or develop on § 39.13 [Amended]
Chapter 5–40, Airworthiness Limitations,
products identified in this rulemaking ■ 2. The FAA amends § 39.13 by adding Revision 22, dated December 2015, of the
action. the following new airworthiness Dassault Aviation Falcon 900 Maintenance
Manual, is within the applicable times
Regulatory Findings directive (AD):
specified in the maintenance manual, or
We determined that this proposed AD Dassault Aviation: Docket No. FAA–2017– within 90 days after the effective date of this
would not have federalism implications 0525; Directorate Identifier 2016–NM– AD, whichever occurs later, except as
121–AD. provided by paragraphs (g)(1) through (g)(4)
under Executive Order 13132. This
of this AD.
proposed AD would not have a (a) Comments Due Date
(1) The term ‘‘LDG’’ in the ‘‘First
substantial direct effect on the States, on We must receive comments by July 21, Inspection’’ column of any table in the
the relationship between the national 2017. service information means total airplane
Government and the States, or on the landings.
(b) Affected ADs
distribution of power and (2) The term ‘‘FH’’ in the ‘‘First Inspection’’
responsibilities among the various This AD affects AD 2016–01–16, column of any table in the service
levels of government. Amendment 39–18376 (81 FR 3320, January information means total flight hours.
21, 2016) (‘‘AD 2016–01–16’’). (3) The term ‘‘FC’’ in the ‘‘First Inspection’’
For the reasons discussed above, I
column of any table in the service
certify this proposed regulation: (c) Applicability
information means total flight cycles.
1. Is not a ‘‘significant regulatory This AD applies to all Dassault Aviation (4) The term ‘‘M’’ in the ‘‘First Inspection’’
action’’ under Executive Order 12866; MYSTERE–FALCON 900 airplanes, column of any table in the service
mstockstill on DSK30JT082PROD with PROPOSALS
2. Is not a ‘‘significant rule’’ under the certificated in any category, with an original information means months.
DOT Regulatory Policies and Procedures certificate of airworthiness or original export
certificate of airworthiness issued on or (h) No Alternative Actions and Intervals
(44 FR 11034, February 26, 1979);
before December 1, 2015. After accomplishing the revision required
3. Will not affect intrastate aviation in
by paragraph (g) of this AD, no alternative
Alaska; and (d) Subject actions (e.g., inspections) or intervals may be
4. Will not have a significant Air Transport Association (ATA) of used unless the actions or intervals are
economic impact, positive or negative, America Code 05, Time Limits/Maintenance approved as an alternative method of
on a substantial number of small entities Checks. compliance (AMOC) in accordance with the
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![Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules 25983
procedures specified in paragraph (j)(1) of DEPARTMENT OF TRANSPORTATION Directorate, 1601 Lind Avenue SW.,
this AD. Renton, WA. For information on the
(i) Terminating Action Federal Aviation Administration availability of this material at the FAA,
Accomplishing paragraph (g) of this AD call 425–227–1221. It is also available
terminates all the requirements of AD 2016– 14 CFR Part 39 on the Internet at http://
01–16. [Docket No. FAA–2017–0527; Directorate www.regulations.gov by searching for
Identifier 2017–NM–015–AD] and locating Docket No. FAA–2017–
(j) Other FAA AD Provisions
0527.
The following provisions also apply to this RIN 2120–AA64
AD: Examining the AD Docket
(1) Alternative Methods of Compliance Airworthiness Directives; The Boeing You may examine the AD docket on
(AMOCs): The Manager, International Company Airplanes the Internet at http://
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to AGENCY: Federal Aviation www.regulations.gov by searching for
approve AMOCs for this AD, if requested Administration (FAA), DOT. and locating Docket No. FAA–2017–
using the procedures found in 14 CFR 39.19. 0527; or in person at the Docket
ACTION: Notice of proposed rulemaking
In accordance with 14 CFR 39.19, send your Management Facility between 9 a.m.
request to your principal inspector or local (NPRM). and 5 p.m., Monday through Friday,
Flight Standards District Office, as except Federal holidays. The AD docket
appropriate. If sending information directly
SUMMARY: We propose to supersede
Airworthiness Directive (AD) 2016–09– contains this proposed AD, the
to the manager of the International Branch,
12, which applies to certain The Boeing regulatory evaluation, any comments
send it to the attention of the person
identified in paragraph (k)(2) of this AD. Company Model 787–8 and 787–9 received, and other information. The
Information may be emailed to: 9-ANM-116- airplanes. AD 2016–09–12 currently street address for the Docket Office
AMOC-REQUESTS@faa.gov. Before using requires repetitive inspections of the (phone: 800–647–5527) is in the
any approved AMOC, notify your appropriate bilge barriers located in the forward and ADDRESSES section. Comments will be
principal inspector, or lacking a principal available in the AD docket shortly after
inspector, the manager of the local flight
aft cargo compartments for disengaged
decompression panels, and reinstalling receipt.
standards district office/certificate holding
any disengaged panels. Since we issued FOR FURTHER INFORMATION CONTACT:
district office.
(2) Contacting the Manufacturer: For any AD 2016–09–12, a terminating Caspar Wang, Aerospace Engineer,
requirement in this AD to obtain corrective modification has been developed to Cabin Safety and Environmental
actions from a manufacturer, the action must address the unsafe condition. This Systems Branch, ANM–150S, FAA,
be accomplished using a method approved proposed AD would retain the actions Seattle Aircraft Certification Office
by the Manager, International Branch, ANM– required by AD 2016–09–12 and require (ACO), 1601 Lind Avenue SW., Renton,
116, Transport Airplane Directorate, FAA; or WA 98057–3356; phone: 425–917–6414;
the European Aviation Safety Agency replacing the existing decompression
panels with new panels and straps, fax: 425–917–6590; email:
(EASA); or Dassault Aviation’s EASA Design
Organization Approval (DOA). If approved by which would terminate the repetitive caspar.wang@faa.gov.
the DOA, the approval must include the inspections. This proposed AD also SUPPLEMENTARY INFORMATION:
DOA-authorized signature. removes airplanes from the effectivity. Comments Invited
(k) Related Information We are proposing this AD to address the
unsafe condition on these products. We invite you to send any written
(1) Refer to Mandatory Continuing relevant data, views, or arguments about
Airworthiness Information (MCAI) EASA DATES: We must receive comments on
this proposed AD. Send your comments
Airworthiness Directive 2016–0127, dated this proposed AD by July 21, 2017. to an address listed under the
June 23, 2016, for related information. This ADDRESSES: You may send comments, ADDRESSES section. Include ‘‘Docket No.
MCAI may be found in the AD docket on the using the procedures found in 14 CFR
Internet at http://www.regulations.gov by FAA–2017–0527; Directorate Identifier
searching for and locating Docket No. FAA–
11.43 and 11.45, by any of the following 2017–NM–015–AD’’ at the beginning of
2017–0525. methods: your comments. We specifically invite
(2) For more information about this AD, • Federal eRulemaking Portal: Go to comments on the overall regulatory,
contact Tom Rodriguez, Aerospace Engineer, http://www.regulations.gov. Follow the economic, environmental, and energy
International Branch, ANM–116, Transport instructions for submitting comments. aspects of this proposed AD. We will
Airplane Directorate, FAA, 1601 Lind • Fax: 202–493–2251. consider all comments received by the
Avenue SW., Renton, WA 98057–3356; • Mail: U.S. Department of closing date and may amend this
telephone 425–227–1137; fax 425–227–1149. Transportation, Docket Operations, M–
(3) For service information identified in proposed AD because of those
30, West Building Ground Floor, Room comments.
this AD, contact Dassault Falcon Jet
Corporation, Teterboro Airport, P.O. Box W12–140, 1200 New Jersey Avenue SE., We will post all comments we
2000, South Hackensack, NJ 07606; Washington, DC 20590. receive, without change, to http://
telephone 201–440–6700; Internet http:// • Hand Delivery: Deliver to Mail www.regulations.gov, including any
www.dassaultfalcon.com. You may view this address above between 9 a.m. and 5 personal information you provide. We
service information at the FAA, Transport p.m., Monday through Friday, except will also post a report summarizing each
Airplane Directorate, 1601 Lind Avenue SW., Federal holidays. substantive verbal contact we receive
Renton, WA. For information on the For service information identified in about this proposed AD.
availability of this material at the FAA, call this NPRM, contact Boeing Commercial
mstockstill on DSK30JT082PROD with PROPOSALS
425–227–1221. Discussion
Airplanes, Attention: Contractual & Data
Issued in Renton, Washington, on May 23, Services (C&DS), 2600 Westminster On April 25, 2016, we issued AD
2017. Blvd., MC 110–SK57, Seal Beach, CA 2016–09–12, Amendment 39–18510 (81
Michael Kaszycki, 90740; telephone 562–797–1717; FR 27300, May 6, 2016) (‘‘AD 2016–09–
Acting Manager, Transport Airplane Internet https:// 12’’), for certain The Boeing Company
Directorate, Aircraft Certification Service. www.myboeingfleet.com. You may view Model 787–8 and 787–9 airplanes. AD
[FR Doc. 2017–11261 Filed 6–5–17; 8:45 am] this referenced service information at 2016–09–12 requires repetitive
BILLING CODE 4910–13–P the FAA, Transport Airplane inspections of the bilge barriers located
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Document Created: 2017-06-06 06:21:51
Document Modified: 2017-06-06 06:21:51
| 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 25980 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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