83 FR 57364 - Airworthiness Directives; Dassault Aviation Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 221 (November 15, 2018)

Page Range		57364-57366
FR Document		2018-24854

We are revising an earlier proposal for certain Dassault Aviation Model FALCON 7X airplanes. This action revises the notice of proposed rulemaking (NPRM) by proposing to require the incorporation of revised and more restrictive airworthiness limitations. We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, we are reopening the comment period to allow the public the chance to comment on these changes.

Federal Register, Volume 83 Issue 221 (Thursday, November 15, 2018)

[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Proposed Rules]
[Pages 57364-57366]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-24854]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0643; Product Identifier 2018-NM-084-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.

-----------------------------------------------------------------------

SUMMARY: We are revising an earlier proposal for certain Dassault
Aviation Model FALCON 7X airplanes. This action revises the notice of
proposed rulemaking (NPRM) by proposing to require the incorporation of
revised and more restrictive airworthiness limitations. We are
proposing this airworthiness directive (AD) to address the unsafe
condition on these products. Since these actions would impose an
additional burden over those in the NPRM, we are reopening the comment
period to allow the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal
Register on August 10, 2018 (83 FR 39630), is reopened.
We must receive comments on this SNPRM by December 31, 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, 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 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-
0643; 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 SNPRM, 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-2018-0643;
Product Identifier 2018-NM-084-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this SNPRM. We will consider all
comments received by the closing date and may amend this SNPRM 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 SNPRM.

[[Page 57365]]

Discussion

We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain Dassault Aviation Model FALCON 7X airplanes. The
NPRM published in the Federal Register on August 10, 2018 (83 FR
39630). The NPRM was prompted by a determination that more restrictive
maintenance requirements and airworthiness limitations are necessary.
The NPRM proposed to require revising the existing maintenance or
inspection program, as applicable, to incorporate new and more
restrictive maintenance requirements and airworthiness limitations for
airplane structures and systems.

Actions Since the NPRM Was Issued

Since we issued the NPRM, additional airworthiness limitations have
been issued, and we have determined that it is necessary to revise the
existing maintenance or inspection program to incorporate the new and
more restrictive requirements in the revised service information. We
have changed paragraph (g) of this proposed AD to require revising the
existing maintenance or inspection program to incorporate the
information specified in Chapter 5-40-00, Airworthiness Limitations,
DGT 107838, Revision 7, dated August 24, 2018, of the Dassault Falcon
7X Maintenance Manual (MM).
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0101, dated May 3, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Dassault Aviation Model FALCON 7X
airplanes. The MCAI states:

The airworthiness limitations and certification maintenance
instructions for Dassault Falcon 7X aeroplanes, which are approved
by EASA, are currently defined and published in Dassault Falcon 7X
AMM [airplane maintenance manual], Chapter 5-40. These instructions
have been identified as mandatory for continued airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition [i.e., reduced structural integrity and reduced
control of these airplanes due to the failure of system components].
Previously, EASA issued AD 2015-0095 [which corresponds to FAA
AD 2016-16-09, Amendment 39-18607 (81 FR 52752, August 10, 2016)
(``AD 2016-16-09'')] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in Dassault Falcon 7X AMM, Chapter 5-40, at Revision 4.
Since that [EASA] AD was issued, Dassault issued the ALS
[airworthiness limitations section], 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 2015-0095, 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-2018-
0643.

Related Service Information Under 1 CFR Part 51

Dassault Aviation has issued Chapter 5-40-00, Airworthiness
Limitations, DGT 107838, Revision 7, dated August 24, 2018, of the
Dassault Falcon 7X MM. This service information introduces new and more
restrictive maintenance requirements and airworthiness limitations for
airplane structures and systems. 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.

Comments

We gave the public the opportunity to participate in developing
this proposed AD. We received no comments on the NPRM or on the
determination of the cost to the public.

FAA's Determination and Requirements of This SNPRM

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.
Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.

Costs of Compliance

We estimate that this proposed AD affects 67 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
We have determined that revising the existing 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 and associated appliances to the
Director of the System Oversight Division.

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;

[[Page 57366]]

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-2018-0643; Product Identifier
2018-NM-084-AD.

(a) Comments Due Date

We must receive comments by December 31, 2018.

(b) Affected ADs

This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR 52545,
September 4, 2014) (``AD 2014-16-23'') and AD 2016-16-09, Amendment
39-18607 (81 FR 52752, August 10, 2016) (``AD 2016-16-09'').

This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, with an original certificate of
airworthiness or original export certificate of airworthiness issued
on or before August 24, 2018.

Note 1 to paragraph (c) of this AD: Dassault Aviation Model
FALCON 7X airplanes with modifications M1000 and M1254 incorporated
are commonly referred to as ``Model FALCON 8X'' airplanes as a
marketing designation.

(d) Subject

Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

This AD was prompted by a determination that more restrictive
maintenance requirements and airworthiness limitations are
necessary. We are issuing this AD to address reduced structural
integrity and reduced control of airplanes due to the failure of
system components.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, by
incorporating the information specified in Chapter 5-40-00,
Airworthiness Limitations, DGT 107838, Revision 7, dated August 24,
2018, of the Dassault Falcon 7X Maintenance Manual (MM). The initial
compliance times for the tasks specified in Chapter 5-40-00,
Airworthiness Limitations, DGT 107838, Revision 7, dated August 24,
2018, of the Dassault Falcon 7X MM are at the applicable compliance
times specified in Chapter 5-40-00, Airworthiness Limitations, DGT
107838, Revision 7, dated August 24, 2018, of the Dassault Falcon 7X
MM, or within 90 days after the effective date of this AD, whichever
occurs later.

(h) Terminating Action for Other ADs

(1) Accomplishing the actions required by paragraph (g) of this
AD terminates the requirements of paragraph (q) of AD 2014-16-23.
(2) Accomplishing the actions required by paragraph (g) of this
AD terminates all requirements of AD 2016-16-09.

(i) No Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)

After the existing maintenance or inspection program, as
applicable, has been revised as required by paragraph (g) of this
AD, no alternative actions (e.g., inspections), intervals, or CDCCLs
may be used unless the actions, intervals, and CDCCLs are approved
as an alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (j)(1) of this AD.

(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@faa.gov. 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 2018-0101, dated May 3, 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-2018-0643.
(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; phone 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; phone: 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 November 6, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-24854 Filed 11-14-18; 8:45 am]
BILLING CODE 4910-13-P

57364 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Proposed Rules

g. How critical is interoperability ubiquitous, nationwide access to faster • Hand Delivery: U.S. Department of
between RTGS services for faster payments in the United States? Transportation, Docket Operations, M–
payments to achieving ubiquity? 9. Beyond the provision of payment 30, West Building Ground Floor, Room
h. Could a 24x7x365 RTGS settlement and settlement services, are there other W12–140, 1200 New Jersey Avenue SE,
service be used for purposes other than actions, under its existing authority, the Washington, DC, between 9 a.m. and 5
interbank settlement of retail faster Federal Reserve should consider that p.m., Monday through Friday, except
payments? If so, for what other purposes might help its broader goals with Federal holidays.
could the service be used? Should its respect to the U.S. payment system? For service information identified in
use be restricted and, if so, how? By order of the Board of Governors of the this NPRM, contact Dassault Falcon Jet
i. Are there specific areas, such as Federal Reserve System, September 28, 2018. Corporation, Teterboro Airport, P.O.
liquidity management, interoperability, Ann Misback, Box 2000, South Hackensack, NJ 07606;
accounting processes, or payment Secretary of the Board. telephone 201–440–6700; internet
routing, for which stakeholders believe http://www.dassaultfalcon.com. You
[FR Doc. 2018–24667 Filed 11–14–18; 8:45 am]
the Board should establish joint Federal may view this referenced service
BILLING CODE 6210–01–P
Reserve and industry teams to identify information at the FAA, Transport
approaches for implementation of a Standards Branch, 2200 South 216th St.,
24x7x365 RTGS settlement service? Des Moines, WA. For information on the
4. Should the Federal Reserve develop DEPARTMENT OF TRANSPORTATION
availability of this material at the FAA,
a liquidity management tool that would
Federal Aviation Administration call 206–231–3195.
enable transfers between Federal
Reserve accounts on a 24x7x365 basis to Examining the AD Docket
support services for real-time interbank 14 CFR Part 39
settlement of faster payments, whether [Docket No. FAA–2018–0643; Product You may examine the AD docket on
those services are provided by the Identifier 2018–NM–084–AD] the internet at http://
private sector or the Reserve Banks? www.regulations.gov by searching for
RIN 2120–AA64 and locating Docket No. FAA–2018–
Why or why not?
5. If the Reserve Banks develop a Airworthiness Directives; Dassault 0643; or in person at Docket Operations
liquidity management tool, Aviation Airplanes between 9 a.m. and 5 p.m., Monday
a. What type of tool would be through Friday, except Federal holidays.
preferable and why? AGENCY: Federal Aviation The AD docket contains this SNPRM,
i. A tool that requires a bank to Administration (FAA), DOT. the regulatory evaluation, any
originate a transfer from one account to ACTION: Supplemental notice of comments received, and other
another proposed rulemaking (SNPRM); information. The street address for
ii. A tool that allows an agent to reopening of comment period. Docket Operations (phone: 800–647–
originate a transfer on behalf of one or 5527) is in the ADDRESSES section.
more banks SUMMARY: We are revising an earlier Comments will be available in the AD
iii. A tool that allows an automatic proposal for certain Dassault Aviation docket shortly after receipt.
transfer of balances (or ‘‘sweep’’) based Model FALCON 7X airplanes. This
on pre-established thresholds and limits action revises the notice of proposed FOR FURTHER INFORMATION CONTACT: Tom
iv. A combination of the above rulemaking (NPRM) by proposing to Rodriguez, Aerospace Engineer,
v. An alternative approach require the incorporation of revised and International Section, Transport
b. Would a liquidity management tool more restrictive airworthiness Standards Branch, FAA, 2200 South
need to be available 24x7x365, or limitations. We are proposing this 216th St., Des Moines, WA 98198;
alternatively, during certain defined airworthiness directive (AD) to address telephone and fax 206–231–3226.
hours on weekends and holidays? the unsafe condition on these products. SUPPLEMENTARY INFORMATION:
During what hours should a liquidity Since these actions would impose an
management tool be available? additional burden over those in the Comments Invited
c. Could a liquidity management tool NPRM, we are reopening the comment
period to allow the public the chance to We invite you to send any written
be used for purposes other than to
comment on these changes. relevant data, views, or arguments about
support real-time settlement of retail
this proposal. Send your comments to
faster payments? If so, for what other DATES: The comment period for the
an address listed under the ADDRESSES
purposes could the tool be used? Should NPRM published in the Federal
section. Include ‘‘Docket No. FAA–
its use be restricted and, if so, how? Register on August 10, 2018 (83 FR
6. Should a 24x7x365 RTGS 2018–0643; Product Identifier 2018–
39630), is reopened.
settlement service and liquidity We must receive comments on this NM–084–AD’’ at the beginning of your
management tool be developed in SNPRM by December 31, 2018. comments. We specifically invite
tandem or should the Federal Reserve comments on the overall regulatory,
ADDRESSES: You may send comments,
pursue only one, or neither, of these economic, environmental, and energy
using the procedures found in 14 CFR aspects of this SNPRM. We will
initiatives? Why? 11.43 and 11.45, by any of the following
7. If the Federal Reserve pursues one consider all comments received by the
methods: closing date and may amend this
or both of these actions, do they help • Federal eRulemaking Portal: Go to
khammond on DSK30JT082PROD with PROPOSAL

achieve ubiquitous, nationwide access SNPRM based on those comments.
http://www.regulations.gov. Follow the
to safe and efficient faster payments in instructions for submitting comments. We will post all comments we
the long run? If so, which of the • Fax: 202–493–2251. receive, without change, to http://
potential actions, or both, and in what • Mail: U.S. Department of www.regulations.gov, including any
ways? Transportation, Docket Operations, M– personal information you provide. We
8. What other approaches, not 30, West Building Ground Floor, Room will also post a report summarizing each
explicitly considered in this notice, W12–140, 1200 New Jersey Avenue SE, substantive verbal contact we receive
might help achieve the broader goals of Washington, DC 20590. about this SNPRM.

VerDate Sep<11>2014 16:33 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\15NOP1.SGM 15NOP1

Document Created: 2018-11-15 04:00:12
Document Modified: 2018-11-15 04:00:12

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		Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period.
Dates		The comment period for the NPRM published in the Federal Register on August 10, 2018 (83 FR 39630), is reopened.
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.
FR Citation		83 FR 57364
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

83 FR 57364 - Airworthiness Directives; Dassault Aviation Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 83, Issue 221 (November 15, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration