83_FR_39783 83 FR 39628 - Airworthiness Directives; Dassault Aviation Airplanes

83 FR 39628 - Airworthiness Directives; Dassault Aviation Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 155 (August 10, 2018)

Page Range39628-39630
FR Document2018-16732

We propose to adopt a new airworthiness directive (AD) for certain Dassault Aviation Model FAN JET FALCON, and FAN JET FALCON SERIES C, D, E, F, and G airplanes. This proposed AD was prompted by a determination of the need for a revision to the airplane airworthiness limitations to introduce changes to the maintenance requirements and airworthiness limitations. This proposed AD would require revising the maintenance or inspection program, as applicable, to incorporate new airworthiness limitations and maintenance requirements. We are proposing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 155 (Friday, August 10, 2018)
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Proposed Rules]
[Pages 39628-39630]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16732]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0706; Product Identifier 2018-NM-086-AD]
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 FAN JET FALCON, and FAN JET FALCON 
SERIES C, D, E, F, and G airplanes. This proposed AD was prompted by a 
determination of the need for a revision to the airplane airworthiness 
limitations to introduce changes to the maintenance requirements and 
airworthiness limitations. This proposed AD would require revising the 
maintenance or inspection program, as applicable, to incorporate new 
airworthiness limitations and maintenance requirements. We are 
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 24, 
2018.

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 service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0706; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 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 Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0706; 
Product Identifier 2018-NM-086-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0083, dated April 16, 2018 (referred to after

[[Page 39629]]

this as the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), to correct an unsafe condition for certain Dassault Aviation 
Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G 
airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance 
instructions for the Dassault Fan Jet Falcon aeroplanes, which are 
approved by EASA, are currently defined and published in the 
Dassault Fan Jet Falcon Aircraft Maintenance Manual (AMM) chapter 5-
40. These instructions have been identified as mandatory for 
continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition [among other things, fatigue cracking and damage in 
principal structural elements; such fatigue cracking and damage 
could result in reduced structural integrity of the airplane].
    Consequently, EASA issued AD 2014-0021 [which corresponds to FAA 
AD 2014-26-07, Amendment 39-18058 (80 FR 2815, January 21, 2015) 
(``AD 2014-26-07'')] to require accomplishment of the maintenance 
tasks, and implementation of the airworthiness limitations, as 
specified in Dassault Fan Jet Falcon AMM chapter 5-40 Revision 15.
    Since that [EASA] AD was issued, Dassault issued Revision 17 of 
the Dassault Fan Jet Falcon AMM chapter 5-40, which introduces new 
and more restrictive maintenance requirements and/or airworthiness 
limitations.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2014-0021, which is superseded, and requires 
accomplishment of the actions specified in Revision 17 of the 
Dassault Fan Jet Falcon AMM chapter 5-40, (hereafter referred to as 
`the ALS' in this [EASA] AD).

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0706.

Relationship Between Proposed AD and AD 2014-26-07

    This NPRM does not propose to supersede AD 2014-26-07. 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 airworthiness limitations and maintenance requirements. 
Accomplishment of the proposed actions would then terminate all of the 
requirements of AD 2014-26-07.

Related Service Information Under 1 CFR Part 51

    Dassault has issued Chapter 5-40, Airworthiness Limitations, DGT 
131028, Revision 17, dated September 2017, of the Dassault Aviation 
Falcon 20 Maintenance Manual. This service information includes life 
limits for certain components, including the engine front mounts and 
the legs of the nose landing gear and main landing gear. In addition, 
this service information describes maintenance tasks for, among other 
systems, the air conditioning system and the passenger/crew door 
warning system. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section.

FAA's Determination

    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 the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the maintenance or 
inspection program, as applicable, to include new airworthiness 
limitations and maintenance requirements.
    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 inspections that will ensure the continued 
operational safety of the airplane.

Differences Between This Proposed AD and the MCAI

    The MCAI specifies that if there are findings from the 
airworthiness limitations section (ALS) tasks, corrective actions must 
be accomplished in accordance with Dassault maintenance documentation. 
However, this proposed AD does not include that requirement. Operators 
of U.S.-registered airplanes are required by general airworthiness and 
operational regulations to perform maintenance using methods that are 
acceptable to the FAA. We consider those methods to be adequate to 
address any corrective actions necessitated by the findings of ALS 
inspections required by this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 168 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:
    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, we estimate the total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

[[Page 39630]]

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-2018-0706; Product Identifier 
2018-NM-086-AD.

(a) Comments Due Date

    We must receive comments by September 24, 2018.

(b) Affected ADs

    This AD affects AD 2014-26-07, Amendment 39-18058 (80 FR 2815, 
January 21, 2015) (``AD 2014-26-07'').

(c) Applicability

    This AD applies to Dassault Aviation Model FAN JET FALCON, and 
FAN JET FALCON SERIES C, D, E, F, and G airplanes, certificated in 
any category, all serial numbers, except those on which the Dassault 
Fan Jet Falcon Supplemental Structural Inspection Program (Service 
Bulletin (SB) 730) has been embodied into the airplane's maintenance 
program.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits 
and Maintenance Checks.

(e) Reason

    This AD was prompted by a determination of the need for a 
revision to the airplane airworthiness limitations to introduce 
changes to the maintenance requirements and airworthiness 
limitations. We are issuing this AD to address, among other things, 
fatigue cracking and damage in principal structural elements; such 
fatigue cracking and damage could result in reduced structural 
integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
airworthiness limitations specified in Chapter 5-40, Airworthiness 
Limitations, DGT 131028, Revision 17, dated September 2017, of the 
Dassault Aviation Falcon 20 Maintenance Manual (MM). The initial 
compliance time for accomplishing the actions is at the applicable 
time specified in Chapter 5-40, Airworthiness Limitations, DGT 
131028, Revision 17, dated September 2017, of the Dassault Aviation 
Falcon 20 MM; or within 90 days after the effective date of this AD; 
whichever occurs later. Where the threshold column in the table in 
paragraph B, Mandatory Maintenance Operations, of Chapter 5-40, 
Airworthiness Limitations, DGT 131028, Revision 17, dated September 
2017, of the Dassault Aviation Falcon 20 MM specifies a compliance 
time in years, those compliance times are since the date of issuance 
of the original French or European Aviation Safety Agency (EASA) 
airworthiness certificate or date of issuance of the original French 
or EASA export certificate of airworthiness.

(h) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions and intervals are approved as an AMOC in 
accordance with the procedures specified in paragraph (j)(1) of this 
AD.

(i) Terminating Action for AD 2014-26-07

    Accomplishing the actions required by paragraph (g) of this AD 
terminates all of the requirements of AD 2014-26-07.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (k)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Dassault Aviation's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0083, dated April 16, 2018, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-0706.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226.
    (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 Standards Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on July 27, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-16732 Filed 8-9-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                 39628                   Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules

                                                 (g) Maintenance or Inspection Program                   Corporation, Teterboro Airport, P.O. Box                 • Hand Delivery: Deliver to Mail
                                                 Revision                                                2000, South Hackensack, NJ 07606;                     address above between 9 a.m. and 5
                                                    Within 90 days after the effective date of           telephone 201–440–6700; internet http://              p.m., Monday through Friday, except
                                                 this AD, revise the maintenance or inspection           www.dassaultfalcon.com. You may view this
                                                                                                                                                               Federal holidays.
                                                 program, as applicable, to incorporate Falcon           service information at the FAA, Transport
                                                                                                         Standards Branch, 2200 South 216th St., Des
                                                                                                                                                                  For service information identified in
                                                 10 Maintenance Manual, Airworthiness                                                                          this NPRM, contact Dassault Falcon Jet
                                                 Limitations, Chapter 5–40–00, Revision 13,              Moines, WA. For information on the
                                                                                                         availability of this material at the FAA, call        Corporation, Teterboro Airport, P.O.
                                                 dated July 2017. The initial compliance time
                                                 for accomplishing the actions is at the                 206–231–3195.                                         Box 2000, South Hackensack, NJ 07606;
                                                 applicable time specified in Falcon 10                    Issued in Des Moines, Washington, on July
                                                                                                                                                               telephone 201–440–6700; internet
                                                 Maintenance Manual, Airworthiness                       24, 2018.                                             http://www.dassaultfalcon.com. You
                                                 Limitations, Chapter 5–40–00, Revision 13,                                                                    may view this service information at the
                                                                                                         James Cashdollar,
                                                 dated July 2017; or within 90 days after the                                                                  FAA, Transport Standards Branch, 2200
                                                 effective date of this AD; whichever occurs             Acting Director, System Oversight Division,
                                                                                                                                                               South 216th St., Des Moines, WA. For
                                                 later.                                                  Aircraft Certification Service.
                                                                                                                                                               information on the availability of this
                                                                                                         [FR Doc. 2018–16498 Filed 8–9–18; 8:45 am]
                                                 (h) No Alternative Actions or Intervals                                                                       material at the FAA, call 206–231–3195.
                                                                                                         BILLING CODE 4910–13–P
                                                   After the maintenance or inspection                                                                         Examining the AD Docket
                                                 program has been revised as required by
                                                 paragraph (g) of this AD, no alternative                                                                         You may examine the AD docket on
                                                 actions (e.g., inspections) or intervals may be
                                                                                                         DEPARTMENT OF TRANSPORTATION                          the internet at http://
                                                 used unless the actions or intervals are                                                                      www.regulations.gov by searching for
                                                 approved as an alternative method of                    Federal Aviation Administration                       and locating Docket No. FAA–2018–
                                                 compliance (AMOC) in accordance with the                                                                      0706; or in person at Docket Operations
                                                 procedures specified in paragraph (i)(1) of             14 CFR Part 39                                        between 9 a.m. and 5 p.m., Monday
                                                 this AD.                                                                                                      through Friday, except Federal holidays.
                                                                                                         [Docket No. FAA–2018–0706; Product
                                                 (i) Other FAA AD Provisions                             Identifier 2018–NM–086–AD]                            The AD docket contains this NPRM, the
                                                    The following provisions also apply to this          RIN 2120–AA64
                                                                                                                                                               regulatory evaluation, any comments
                                                 AD:                                                                                                           received, and other information. The
                                                    (1) Alternative Methods of Compliance                Airworthiness Directives; Dassault                    street address for Docket Operations
                                                 (AMOCs): The Manager, International                     Aviation Airplanes                                    (phone: 800–647–5527) is in the
                                                 Section, Transport Standards Branch, FAA,                                                                     ADDRESSES section. Comments will be
                                                 has the authority to approve AMOCs for this             AGENCY: Federal Aviation                              available in the AD docket shortly after
                                                 AD, if requested using the procedures found             Administration (FAA), DOT.
                                                 in 14 CFR 39.19. In accordance with 14 CFR
                                                                                                                                                               receipt.
                                                                                                         ACTION: Notice of proposed rulemaking                 FOR FURTHER INFORMATION CONTACT: Tom
                                                 39.19, send your request to your principal
                                                 inspector or local Flight Standards District            (NPRM).                                               Rodriguez, Aerospace Engineer,
                                                 Office, as appropriate. If sending information
                                                                                                         SUMMARY:   We propose to adopt a new                  International Section, Transport
                                                 directly to the International Section, send it                                                                Standards Branch, FAA, 2200 South
                                                 to the attention of the person identified in            airworthiness directive (AD) for certain
                                                                                                         Dassault Aviation Model FAN JET                       216th St., Des Moines, WA 98198;
                                                 paragraph (j)(2) of this AD. Information may
                                                                                                         FALCON, and FAN JET FALCON                            telephone and fax 206–231–3226.
                                                 be emailed to: 9-ANM-116-AMOC-
                                                 REQUESTS@faa.gov. Before using any                      SERIES C, D, E, F, and G airplanes. This              SUPPLEMENTARY INFORMATION:
                                                 approved AMOC, notify your appropriate                  proposed AD was prompted by a                         Comments Invited
                                                 principal inspector, or lacking a principal             determination of the need for a revision
                                                 inspector, the manager of the local flight                                                                      We invite you to send any written
                                                                                                         to the airplane airworthiness limitations
                                                 standards district office/certificate holding                                                                 relevant data, views, or arguments about
                                                 district office.                                        to introduce changes to the maintenance
                                                                                                                                                               this proposal. Send your comments to
                                                    (2) Contacting the Manufacturer: For any             requirements and airworthiness
                                                                                                                                                               an address listed under the ADDRESSES
                                                 requirement in this AD to obtain corrective             limitations. This proposed AD would
                                                                                                                                                               section. Include ‘‘Docket No. FAA–
                                                 actions from a manufacturer, the action must            require revising the maintenance or
                                                                                                                                                               2018–0706; Product Identifier 2018–
                                                 be accomplished using a method approved                 inspection program, as applicable, to
                                                 by the Manager, International Section,                                                                        NM–086–AD’’ at the beginning of your
                                                                                                         incorporate new airworthiness
                                                 Transport Standards Branch, FAA; or the                                                                       comments. We specifically invite
                                                                                                         limitations and maintenance
                                                 European Aviation Safety Agency (EASA); or                                                                    comments on the overall regulatory,
                                                                                                         requirements. We are proposing this AD
                                                 Dassault Aviation’s EASA Design                                                                               economic, environmental, and energy
                                                 Organization Approval (DOA). If approved by             to address the unsafe condition on these
                                                                                                                                                               aspects of this NPRM. We will consider
                                                 the DOA, the approval must include the                  products.
                                                                                                                                                               all comments received by the closing
                                                 DOA-authorized signature.                               DATES: We must receive comments on                    date and may amend this NPRM
                                                 (j) Related Information
                                                                                                         this proposed AD by September 24,                     because of those comments.
                                                                                                         2018.                                                    We will post all comments we
                                                    (1) Refer to Mandatory Continuing
                                                 Airworthiness Information (MCAI) EASA AD                ADDRESSES: You may send comments,                     receive, without change, to http://
                                                 2018–0078, dated April 9, 2018, for related             using the procedures found in 14 CFR                  www.regulations.gov, including any
                                                 information. This MCAI may be found in the              11.43 and 11.45, by any of the following              personal information you provide. We
                                                 AD docket on the internet at http://                    methods:                                              will also post a report summarizing each
                                                 www.regulations.gov by searching for and                  • Federal eRulemaking Portal: Go to                 substantive verbal contact we receive
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 locating Docket No. FAA–2018–0642.                      http://www.regulations.gov. Follow the                about this NPRM.
                                                    (2) For more information about this AD,
                                                                                                         instructions for submitting comments.
                                                 contact Tom Rodriguez, Aerospace Engineer,
                                                                                                           • Fax: 202–493–2251.                                Discussion
                                                 International Section, Transport Standards
                                                 Branch, FAA, 2200 South 216th St., Des
                                                                                                           • Mail: U.S. Department of                            The European Aviation Safety Agency
                                                 Moines, WA 98198; telephone and fax 206–                Transportation, Docket Operations, M–                 (EASA), which is the Technical Agent
                                                 231–3226.                                               30, West Building Ground Floor, Room                  for the Member States of the European
                                                    (3) For service information identified in            W12–140, 1200 New Jersey Avenue SE,                   Union, has issued EASA AD 2018–0083,
                                                 this AD, contact Dassault Falcon Jet                    Washington, DC 20590.                                 dated April 16, 2018 (referred to after


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                                                                         Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules                                          39629

                                                 this as the Mandatory Continuing                        certain components, including the                     general airworthiness and operational
                                                 Airworthiness Information, or ‘‘the                     engine front mounts and the legs of the               regulations to perform maintenance
                                                 MCAI’’), to correct an unsafe condition                 nose landing gear and main landing                    using methods that are acceptable to the
                                                 for certain Dassault Aviation Model                     gear. In addition, this service                       FAA. We consider those methods to be
                                                 FAN JET FALCON and FAN JET                              information describes maintenance                     adequate to address any corrective
                                                 FALCON SERIES C, D, E, F, and G                         tasks for, among other systems, the air               actions necessitated by the findings of
                                                 airplanes. The MCAI states:                             conditioning system and the passenger/                ALS inspections required by this
                                                    The airworthiness limitations and                    crew door warning system. This service                proposed AD.
                                                 certification maintenance instructions for the          information is reasonably available
                                                                                                         because the interested parties have                   Costs of Compliance
                                                 Dassault Fan Jet Falcon aeroplanes, which
                                                 are approved by EASA, are currently defined             access to it through their normal course                 We estimate that this proposed AD
                                                 and published in the Dassault Fan Jet Falcon            of business or by the means identified                affects 168 airplanes of U.S. registry. We
                                                 Aircraft Maintenance Manual (AMM) chapter               in the ADDRESSES section.                             estimate the following costs to comply
                                                 5–40. These instructions have been identified
                                                                                                         FAA’s Determination                                   with this proposed AD:
                                                 as mandatory for continued airworthiness.
                                                    Failure to accomplish these instructions                                                                      We have determined that revising the
                                                                                                           This product has been approved by                   maintenance or inspection program
                                                 could result in an unsafe condition [among
                                                 other things, fatigue cracking and damage in
                                                                                                         the aviation authority of another                     takes an average of 90 work-hours per
                                                 principal structural elements; such fatigue             country, and is approved for operation                operator, although we recognize that
                                                 cracking and damage could result in reduced             in the United States. Pursuant to our                 this number may vary from operator to
                                                 structural integrity of the airplane].                  bilateral agreement with the State of                 operator. In the past, we have estimated
                                                    Consequently, EASA issued AD 2014–0021               Design Authority, we have been notified
                                                 [which corresponds to FAA AD 2014–26–07,
                                                                                                                                                               that this action takes 1 work-hour per
                                                                                                         of the unsafe condition described in the              airplane. Since operators incorporate
                                                 Amendment 39–18058 (80 FR 2815, January                 MCAI and service information
                                                 21, 2015) (‘‘AD 2014–26–07’’)] to require                                                                     maintenance or inspection program
                                                 accomplishment of the maintenance tasks,
                                                                                                         referenced above. We are proposing this               changes for their affected fleet(s), we
                                                 and implementation of the airworthiness                 AD because we evaluated all the                       have determined that a per-operator
                                                 limitations, as specified in Dassault Fan Jet           relevant information and determined                   estimate is more accurate than a per-
                                                 Falcon AMM chapter 5–40 Revision 15.                    the unsafe condition described                        airplane estimate. Therefore, we
                                                    Since that [EASA] AD was issued, Dassault            previously is likely to exist or develop              estimate the total cost per operator to be
                                                 issued Revision 17 of the Dassault Fan Jet              on other products of the same type
                                                 Falcon AMM chapter 5–40, which introduces                                                                     $7,650 (90 work-hours × $85 per work-
                                                                                                         design.                                               hour).
                                                 new and more restrictive maintenance
                                                 requirements and/or airworthiness                       Proposed Requirements of This NPRM                    Authority for This Rulemaking
                                                 limitations.
                                                    For the reason described above, this
                                                                                                           This proposed AD would require
                                                                                                         revising the maintenance or inspection                   Title 49 of the United States Code
                                                 [EASA] AD retains the requirements of EASA                                                                    specifies the FAA’s authority to issue
                                                 AD 2014–0021, which is superseded, and                  program, as applicable, to include new
                                                                                                         airworthiness limitations and                         rules on aviation safety. Subtitle I,
                                                 requires accomplishment of the actions
                                                 specified in Revision 17 of the Dassault Fan            maintenance requirements.                             section 106, describes the authority of
                                                 Jet Falcon AMM chapter 5–40, (hereafter                   This proposed AD would require                      the FAA Administrator. Subtitle VII:
                                                 referred to as ‘the ALS’ in this [EASA] AD).            revisions to certain operator                         Aviation Programs, describes in more
                                                                                                         maintenance documents to include new                  detail the scope of the Agency’s
                                                   You may examine the MCAI in the
                                                                                                         actions (e.g., inspections). Compliance               authority.
                                                 AD docket on the internet at http://
                                                                                                         with these actions is required by 14 CFR                 We are issuing this rulemaking under
                                                 www.regulations.gov by searching for
                                                                                                         91.403(c). For airplanes that have been               the authority described in Subtitle VII,
                                                 and locating Docket No. FAA–2018–
                                                                                                         previously modified, altered, or repaired             Part A, Subpart III, Section 44701:
                                                 0706.
                                                                                                         in the areas addressed by this proposed               ‘‘General requirements.’’ Under that
                                                 Relationship Between Proposed AD and                    AD, the operator may not be able to                   section, Congress charges the FAA with
                                                 AD 2014–26–07                                           accomplish the actions described in the               promoting safe flight of civil aircraft in
                                                   This NPRM does not propose to                         revisions. In this situation, to comply               air commerce by prescribing regulations
                                                 supersede AD 2014–26–07. Rather, we                     with 14 CFR 91.403(c), the operator                   for practices, methods, and procedures
                                                 have determined that a stand-alone AD                   must request approval for an alternative              the Administrator finds necessary for
                                                 would be more appropriate to address                    method of compliance according to                     safety in air commerce. This regulation
                                                 the changes in the MCAI. This proposed                  paragraph (j)(1) of this proposed AD.                 is within the scope of that authority
                                                 AD would require revising the                           The request should include a                          because it addresses an unsafe condition
                                                 maintenance or inspection program, as                   description of changes to the required                that is likely to exist or develop on
                                                 applicable, to incorporate new                          inspections that will ensure the                      products identified in this rulemaking
                                                 airworthiness limitations and                           continued operational safety of the                   action.
                                                 maintenance requirements.                               airplane.                                                This proposed AD is issued in
                                                 Accomplishment of the proposed                                                                                accordance with authority delegated by
                                                                                                         Differences Between This Proposed AD                  the Executive Director, Aircraft
                                                 actions would then terminate all of the
                                                                                                         and the MCAI                                          Certification Service, as authorized by
                                                 requirements of AD 2014–26–07.
                                                                                                            The MCAI specifies that if there are               FAA Order 8000.51C. In accordance
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                                                 Related Service Information Under 1                     findings from the airworthiness                       with that order, issuance of ADs is
                                                 CFR Part 51                                             limitations section (ALS) tasks,                      normally a function of the Compliance
                                                   Dassault has issued Chapter 5–40,                     corrective actions must be accomplished               and Airworthiness Division, but during
                                                 Airworthiness Limitations, DGT 131028,                  in accordance with Dassault                           this transition period, the Executive
                                                 Revision 17, dated September 2017, of                   maintenance documentation. However,                   Director has delegated the authority to
                                                 the Dassault Aviation Falcon 20                         this proposed AD does not include that                issue ADs applicable to transport
                                                 Maintenance Manual. This service                        requirement. Operators of U.S.-                       category airplanes to the Director of the
                                                 information includes life limits for                    registered airplanes are required by                  System Oversight Division.


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                                                 39630                   Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules

                                                 Regulatory Findings                                     (d) Subject                                           Office, as appropriate. If sending information
                                                                                                           Air Transport Association (ATA) of                  directly to the International Section, send it
                                                   We determined that this proposed AD                                                                         to the attention of the person identified in
                                                 would not have federalism implications                  America Code 05, Time Limits and
                                                                                                         Maintenance Checks.                                   paragraph (k)(2) of this AD. Information may
                                                 under Executive Order 13132. This                                                                             be emailed to: 9-ANM-116-AMOC-
                                                 proposed AD would not have a                            (e) Reason                                            REQUESTS. Before using any approved
                                                 substantial direct effect on the States, on                This AD was prompted by a determination            AMOC, notify your appropriate principal
                                                 the relationship between the national                   of the need for a revision to the airplane            inspector, or lacking a principal inspector,
                                                                                                         airworthiness limitations to introduce                the manager of the local flight standards
                                                 Government and the States, or on the                                                                          district office/certificate holding district
                                                 distribution of power and                               changes to the maintenance requirements
                                                                                                         and airworthiness limitations. We are issuing         office.
                                                 responsibilities among the various                                                                              (2) Contacting the Manufacturer: For any
                                                                                                         this AD to address, among other things,
                                                 levels of government.                                   fatigue cracking and damage in principal              requirement in this AD to obtain corrective
                                                   For the reasons discussed above, I                    structural elements; such fatigue cracking            actions from a manufacturer, the action must
                                                 certify this proposed regulation:                       and damage could result in reduced                    be accomplished using a method approved
                                                   1. Is not a ‘‘significant regulatory                  structural integrity of the airplane.                 by the Manager, International Section,
                                                 action’’ under Executive Order 12866;                                                                         Transport Standards Branch, FAA; or the
                                                                                                         (f) Compliance                                        European Aviation Safety Agency (EASA); or
                                                   2. Is not a ‘‘significant rule’’ under the
                                                                                                            Comply with this AD within the                     Dassault Aviation’s EASA Design
                                                 DOT Regulatory Policies and Procedures                                                                        Organization Approval (DOA). If approved by
                                                 (44 FR 11034, February 26, 1979);                       compliance times specified, unless already
                                                                                                         done.                                                 the DOA, the approval must include the
                                                   3. Will not affect intrastate aviation in                                                                   DOA-authorized signature.
                                                 Alaska; and                                             (g) Revision of Maintenance or Inspection
                                                   4. Will not have a significant                        Program                                               (k) Related Information
                                                 economic impact, positive or negative,                     Within 90 days after the effective date of            (1) Refer to Mandatory Continuing
                                                 on a substantial number of small entities               this AD, revise the maintenance or inspection         Airworthiness Information (MCAI) EASA AD
                                                 under the criteria of the Regulatory                    program, as applicable, to incorporate the            2018–0083, dated April 16, 2018, for related
                                                                                                         airworthiness limitations specified in                information. This MCAI may be found in the
                                                 Flexibility Act.                                                                                              AD docket on the internet at http://
                                                                                                         Chapter 5–40, Airworthiness Limitations,
                                                 List of Subjects in 14 CFR Part 39                      DGT 131028, Revision 17, dated September              www.regulations.gov by searching for and
                                                                                                         2017, of the Dassault Aviation Falcon 20              locating Docket No. FAA–2018–0706.
                                                   Air transportation, Aircraft, Aviation                                                                         (2) For more information about this AD,
                                                                                                         Maintenance Manual (MM). The initial
                                                 safety, Incorporation by reference,                     compliance time for accomplishing the                 contact Tom Rodriguez, Aerospace Engineer,
                                                 Safety.                                                 actions is at the applicable time specified in        International Section, Transport Standards
                                                                                                         Chapter 5–40, Airworthiness Limitations,              Branch, FAA, 2200 South 216th St., Des
                                                 The Proposed Amendment                                                                                        Moines, WA 98198; telephone and fax 206–
                                                                                                         DGT 131028, Revision 17, dated September
                                                   Accordingly, under the authority                      2017, of the Dassault Aviation Falcon 20              231–3226.
                                                 delegated to me by the Administrator,                   MM; or within 90 days after the effective date           (3) For service information identified in
                                                                                                         of this AD; whichever occurs later. Where the         this AD, contact Dassault Falcon Jet
                                                 the FAA proposes to amend 14 CFR part
                                                                                                         threshold column in the table in paragraph            Corporation, Teterboro Airport, P.O. Box
                                                 39 as follows:                                                                                                2000, South Hackensack, NJ 07606;
                                                                                                         B, Mandatory Maintenance Operations, of
                                                                                                         Chapter 5–40, Airworthiness Limitations,              telephone 201–440–6700; internet http://
                                                 PART 39—AIRWORTHINESS                                                                                         www.dassaultfalcon.com. You may view this
                                                                                                         DGT 131028, Revision 17, dated September
                                                 DIRECTIVES                                                                                                    service information at the FAA, Transport
                                                                                                         2017, of the Dassault Aviation Falcon 20 MM
                                                                                                         specifies a compliance time in years, those           Standards Branch, 2200 South 216th St., Des
                                                 ■ 1. The authority citation for part 39                                                                       Moines, WA. For information on the
                                                                                                         compliance times are since the date of
                                                 continues to read as follows:                           issuance of the original French or European           availability of this material at the FAA, call
                                                     Authority: 49 U.S.C. 106(g), 40113, 44701.          Aviation Safety Agency (EASA)                         206–231–3195.
                                                                                                         airworthiness certificate or date of issuance           Issued in Des Moines, Washington, on July
                                                 § 39.13   [Amended]                                     of the original French or EASA export                 27, 2018.
                                                 ■ 2. The FAA amends § 39.13 by adding                   certificate of airworthiness.                         James Cashdollar,
                                                 the following new airworthiness                         (h) No Alternative Actions or Intervals               Acting Director, System Oversight Division,
                                                 directive (AD):                                                                                               Aircraft Certification Service.
                                                                                                           After accomplishing the revision required
                                                 Dassault Aviation: Docket No. FAA–2018–                 by paragraph (g) of this AD, no alternative           [FR Doc. 2018–16732 Filed 8–9–18; 8:45 am]
                                                     0706; Product Identifier 2018–NM–086–               actions (e.g., inspections) or intervals may be       BILLING CODE 4910–13–P
                                                     AD.                                                 used unless the actions and intervals are
                                                                                                         approved as an AMOC in accordance with
                                                 (a) Comments Due Date
                                                                                                         the procedures specified in paragraph (j)(1) of       DEPARTMENT OF TRANSPORTATION
                                                   We must receive comments by September                 this AD.
                                                 24, 2018.
                                                                                                         (i) Terminating Action for AD 2014–26–07              Federal Aviation Administration
                                                 (b) Affected ADs
                                                                                                            Accomplishing the actions required by
                                                   This AD affects AD 2014–26–07,                        paragraph (g) of this AD terminates all of the        14 CFR Part 39
                                                 Amendment 39–18058 (80 FR 2815, January                 requirements of AD 2014–26–07.                        [Docket No. FAA–2018–0643; Product
                                                 21, 2015) (‘‘AD 2014–26–07’’).
                                                                                                         (j) Other FAA AD Provisions                           Identifier 2018–NM–084–AD]
                                                 (c) Applicability                                          The following provisions also apply to this        RIN 2120–AA64
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                                                    This AD applies to Dassault Aviation                 AD:
                                                 Model FAN JET FALCON, and FAN JET                          (1) Alternative Methods of Compliance              Airworthiness Directives; Dassault
                                                 FALCON SERIES C, D, E, F, and G airplanes,              (AMOCs): The Manager, International                   Aviation Airplanes
                                                 certificated in any category, all serial                Section, Transport Standards Branch, FAA,
                                                 numbers, except those on which the Dassault             has the authority to approve AMOCs for this           AGENCY: Federal Aviation
                                                 Fan Jet Falcon Supplemental Structural                  AD, if requested using the procedures found           Administration (FAA), DOT.
                                                 Inspection Program (Service Bulletin (SB)               in 14 CFR 39.19. In accordance with 14 CFR            ACTION: Notice of proposed rulemaking
                                                 730) has been embodied into the airplane’s              39.19, send your request to your principal            (NPRM).
                                                 maintenance program.                                    inspector or local Flight Standards District



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Document Created: 2018-08-10 01:56:04
Document Modified: 2018-08-10 01:56:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by September 24, 2018.
ContactTom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.
FR Citation83 FR 39628 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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