83_FR_59552 83 FR 59326 - Airworthiness Directives; Dassault Aviation Airplanes

83 FR 59326 - Airworthiness Directives; Dassault Aviation Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 226 (November 23, 2018)

Page Range59326-59328
FR Document2018-25385

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 that new or more restrictive airworthiness limitations and maintenance requirements are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations and maintenance requirements. We are proposing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 226 (Friday, November 23, 2018)
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Proposed Rules]
[Pages 59326-59328]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25385]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0963; Product Identifier 2018-NM-135-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 that new or more restrictive airworthiness limitations 
and maintenance requirements are necessary. This proposed AD would 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive 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 January 7, 2019.

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-
0963; 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-2018-0963; 
Product Identifier 2018-NM-135-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 
2018-0193, dated September 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 FAN JET 
FALCON and FAN JET FALCON SERIES C, D, E, F, and G airplanes. The MCAI 
states:

    In June 1988, the Federal Aviation Administration sponsored a 
conference of ageing aircraft, during which the decision was taken 
to pay particular attention to those. The ATA [Air Transport 
Association] and the AIA [Aerospace Industries Association] 
committed themselves to identify and to set up procedures to ensure 
continued structural integrity on ageing aircraft. Prompted by these 
actions, Dassault developed the SSIP [Supplemental Structural 
Inspection Program], aiming to guarantee the

[[Page 59327]]

airworthiness of the Fan Jet Falcon aeroplane which reach and exceed 
half of the Limit of Validity. The airworthiness limitations and 
certification maintenance instructions for the affected Fan Jet 
Falcon aeroplanes, which are approved by EASA, are currently defined 
and published in the ALS [airworthiness limitations section]. These 
instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Previously, EASA issued AD 2008-0221 to require accomplishment 
of the maintenance tasks, and implementation of the airworthiness 
limitations, as specified in ALS at Revision 7.
    Since that [EASA] AD was issued, Dassault issued ALS Revisions 8 
and 9, which introduced new and more restrictive maintenance 
requirements and/or airworthiness limitations.
    For the reason described above, this [EASA] AD takes over the 
requirements for Fan Jet Falcon aeroplanes from EASA AD 2008-0221 
and requires accomplishment of the actions specified in the ALS.
    Once new [EASA] ADs have been published for all the types 
addressed by EASA AD 2008-0221, EASA plans to cancel that AD.

    The unsafe condition is fatigue cracking and damage in principal 
structural elements; such fatigue cracking and damage could result in 
reduced structural integrity of the airplane. Because we determined 
that a separate FAA AD should be issued for each airplane model due to 
different ALS requirements, we did not issue an AD that corresponded to 
EASA AD 2008-0221. 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-2018-0963.

Related Service Information Under 1 CFR Part 51

    Dassault has issued Chapter 5-40, Airworthiness Limitations, DMD 
44729, Revision 9, dated November 29, 2017, of the Dassault Aviation 
Falcon 20 Maintenance Manual. This service information includes life 
limits for certain airframe components, and describes airworthiness 
limitations for safe life limits and certification maintenance 
requirements. 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 existing maintenance or 
inspection program, as applicable, to include new or more restrictive 
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 
(i)(1) of this proposed AD.

Differences Between This Proposed AD and the MCAI or Service 
Information

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

Costs of Compliance

    We estimate that this proposed AD affects 61 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, 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;
    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

[[Page 59328]]

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-2018-0963; Product Identifier 
2018-NM-135-AD.

(a) Comments Due Date

    We must receive comments by January 7, 2019.

(b) Affected ADs

    None.

(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, on which the Dassault Fan Jet 
Falcon Supplemental Structural Inspection Program (Dassault 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/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations and maintenance requirements 
are necessary. 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) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the airworthiness limitations specified in Chapter 5-40, 
Airworthiness Limitations, DMD 44729, Revision 9, dated November 29, 
2017, of the Dassault Aviation Falcon 20 Maintenance Manual. The 
initial compliance time for accomplishing the actions is at the 
applicable time specified in Chapter 5-40, Airworthiness 
Limitations, DMD 44729, Revision 9, dated November 29, 2017, of the 
Dassault Aviation Falcon 20 Maintenance Manual; 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, 
DMD 44729, Revision 9, dated November 29, 2017, of the Dassault 
Aviation Falcon 20 Maintenance Manual specifies a compliance time in 
years, those compliance times start from the date of issuance of the 
original airworthiness certificate or date of issuance of the 
original 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 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (i)(1) of this AD.

(i) 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 (j)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0193, dated September 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-2018-0963.
    (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 November 8, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-25385 Filed 11-21-18; 8:45 am]
BILLING CODE 4910-13-P



                                                59326                 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules

                                                  (2) Any rider, endorsement, renewal,                  DEPARTMENT OF TRANSPORTATION                          www.regulations.gov by searching for
                                                or other document that limits coverage                                                                        and locating Docket No. FAA–2018–
                                                of approved bond forms.                                 Federal Aviation Administration                       0963; or in person at Docket Operations
                                                  (d) Approval on all bond forms                                                                              between 9 a.m. and 5 p.m., Monday
                                                                                                        14 CFR Part 39                                        through Friday, except Federal holidays.
                                                expires after a period of 10 years from
                                                                                                        [Docket No. FAA–2018–0963; Product                    The AD docket contains this NPRM, the
                                                the date the NCUA Board approved or
                                                                                                        Identifier 2018–NM–135–AD]                            regulatory evaluation, any comments
                                                reapproved use of the bond form.
                                                                                                                                                              received, and other information. The
                                                Provided, however, that:                                RIN 2120–AA64                                         street address for Docket Operations
                                                  (1) Any bond forms approved before                                                                          (phone: 800–647–5527) is in the
                                                2019 will expire on January 1, 2029.                    Airworthiness Directives; Dassault
                                                                                                                                                              ADDRESSES section. Comments will be
                                                                                                        Aviation Airplanes
                                                  (2) An NCUA Board-approved                                                                                  available in the AD docket shortly after
                                                amendment to a bond form does not toll                  AGENCY: Federal Aviation                              receipt.
                                                or cause the 10-year period to restart;                 Administration (FAA), DOT.                            FOR FURTHER INFORMATION CONTACT: Tom
                                                and                                                     ACTION: Notice of proposed rulemaking                 Rodriguez, Aerospace Engineer,
                                                                                                        (NPRM).                                               International Section, Transport
                                                  (3) The NCUA reserves the right to
                                                                                                                                                              Standards Branch, FAA, 2200 South
                                                review a bond form at any point after its               SUMMARY:   We propose to adopt a new                  216th St., Des Moines, WA 98198;
                                                approval.                                               airworthiness directive (AD) for certain              telephone and fax 206–231–3226.
                                                                                                        Dassault Aviation Model FAN JET                       SUPPLEMENTARY INFORMATION:
                                                § 713.5   [AMENDED]
                                                                                                        FALCON, and FAN JET FALCON
                                                ■  9. Section 713.5 is amended by:                      SERIES C, D, E, F, and G airplanes. This              Comments Invited
                                                ■ a. In paragraphs (a) and (b) remove the               proposed AD was prompted by a                           We invite you to send any written
                                                word ‘‘federal’’ before the words ‘‘credit              determination that new or more                        relevant data, views, or arguments about
                                                union’s’’ and add in its place the words                restrictive airworthiness limitations and             this proposal. Send your comments to
                                                ‘‘federally insured’’ each place they                   maintenance requirements are                          an address listed under the ADDRESSES
                                                                                                        necessary. This proposed AD would                     section. Include ‘‘Docket No. FAA–
                                                appear.
                                                                                                        require revising the existing                         2018–0963; Product Identifier 2018–
                                                ■ b. In paragraph (c) add the words                     maintenance or inspection program, as                 NM–135–AD’’ at the beginning of your
                                                ‘‘federally insured’’ before the words                  applicable, to incorporate new or more                comments. We specifically invite
                                                ‘‘credit union,’’ ‘‘credit unions,’’ or                 restrictive airworthiness limitations and             comments on the overall regulatory,
                                                ‘‘credit union’s’’ each place they appear.              maintenance requirements. We are                      economic, environmental, and energy
                                                ■ c. In paragraph (e) remove the word                   proposing this AD to address the unsafe               aspects of this NPRM. We will consider
                                                ‘‘your’’ and add in its place the words                 condition on these products.                          all comments received by the closing
                                                ‘‘a federally insured credit union’s’’.                 DATES: We must receive comments on                    date and may amend this NPRM
                                                                                                        this proposed AD by January 7, 2019.                  because of those comments.
                                                § 713.6   [AMENDED]                                                                                              We will post all comments we
                                                                                                        ADDRESSES: You may send comments,
                                                ■  10. In § 713.6 remove the word                       using the procedures found in 14 CFR                  receive, without change, to http://
                                                ‘‘federal’’ before the words ‘‘credit                   11.43 and 11.45, by any of the following              www.regulations.gov, including any
                                                union’s’’ or ‘‘credit unions’’ and add the              methods:                                              personal information you provide. We
                                                words ‘‘federally insured’’ before the                    • Federal eRulemaking Portal: Go to                 will also post a report summarizing each
                                                                                                        http://www.regulations.gov. Follow the                substantive verbal contact we receive
                                                words ‘‘credit union’s,’’ ‘‘credit unions,’’
                                                                                                        instructions for submitting comments.                 about this NPRM.
                                                and ‘‘credit union’’ each place they
                                                appear.                                                   • Fax: 202–493–2251.                                Discussion
                                                                                                          • Mail: U.S. Department of
                                                ■ 11. Revise § 713.7 to read as follows:                Transportation, Docket Operations, M–                    The European Aviation Safety Agency
                                                                                                        30, West Building Ground Floor, Room                  (EASA), which is the Technical Agent
                                                § 713.7 May the NCUA Board require a                                                                          for the Member States of the European
                                                federally insured credit union to secure                W12–140, 1200 New Jersey Avenue SE,
                                                                                                        Washington, DC 20590.                                 Union, has issued EASA AD 2018–0193,
                                                additional insurance coverage?                                                                                dated September 3, 2018 (referred to
                                                                                                           • Hand Delivery: Deliver to Mail
                                                   The NCUA Board may require                           address above between 9 a.m. and 5                    after this as the Mandatory Continuing
                                                additional coverage when the NCUA                       p.m., Monday through Friday, except                   Airworthiness Information, or ‘‘the
                                                Board determines that a federally                       Federal holidays.                                     MCAI’’), to correct an unsafe condition
                                                insured credit union’s current coverage                    For service information identified in              for certain Dassault Aviation Model
                                                is inadequate. The federally insured                    this NPRM, contact Dassault Falcon Jet                FAN JET FALCON and FAN JET
                                                credit union must purchase this                         Corporation, Teterboro Airport, P.O.                  FALCON SERIES C, D, E, F, and G
                                                additional coverage within 30 days.                     Box 2000, South Hackensack, NJ 07606;                 airplanes. The MCAI states:
                                                [FR Doc. 2018–25402 Filed 11–21–18; 8:45 am]            telephone 201–440–6700; internet                        In June 1988, the Federal Aviation
                                                                                                        http://www.dassaultfalcon.com. You                    Administration sponsored a conference of
                                                BILLING CODE 7535–01–P
                                                                                                        may view this service information at the              ageing aircraft, during which the decision
amozie on DSK3GDR082PROD with PROPOSALS1




                                                                                                        FAA, Transport Standards Branch, 2200                 was taken to pay particular attention to those.
                                                                                                                                                              The ATA [Air Transport Association] and the
                                                                                                        South 216th St., Des Moines, WA. For
                                                                                                                                                              AIA [Aerospace Industries Association]
                                                                                                        information on the availability of this               committed themselves to identify and to set
                                                                                                        material at the FAA, call 206–231–3195.               up procedures to ensure continued structural
                                                                                                        Examining the AD Docket                               integrity on ageing aircraft. Prompted by
                                                                                                                                                              these actions, Dassault developed the SSIP
                                                                                                          You may examine the AD docket on                    [Supplemental Structural Inspection
                                                                                                        the internet at http://                               Program], aiming to guarantee the



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                                                                      Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules                                            59327

                                                airworthiness of the Fan Jet Falcon aeroplane           of the unsafe condition described in the              a per-operator estimate is more accurate
                                                which reach and exceed half of the Limit of             MCAI and service information                          than a per-airplane estimate. Therefore,
                                                Validity. The airworthiness limitations and             referenced above. We are proposing this               we estimate the total cost per operator
                                                certification maintenance instructions for the
                                                affected Fan Jet Falcon aeroplanes, which are
                                                                                                        AD because we evaluated all the                       to be $7,650 (90 work-hours × $85 per
                                                approved by EASA, are currently defined and             relevant information and determined                   work-hour).
                                                published in the ALS [airworthiness                     the unsafe condition described
                                                                                                                                                              Authority for This Rulemaking
                                                limitations section]. These instructions have           previously is likely to exist or develop
                                                been identified as mandatory for continued              on other products of the same type                       Title 49 of the United States Code
                                                airworthiness.                                          design.                                               specifies the FAA’s authority to issue
                                                   Failure to accomplish these instructions                                                                   rules on aviation safety. Subtitle I,
                                                could result in an unsafe condition.                    Proposed Requirements of This NPRM
                                                                                                                                                              section 106, describes the authority of
                                                   Previously, EASA issued AD 2008–0221 to                This proposed AD would require
                                                require accomplishment of the maintenance                                                                     the FAA Administrator. Subtitle VII:
                                                                                                        revising the existing maintenance or                  Aviation Programs, describes in more
                                                tasks, and implementation of the
                                                airworthiness limitations, as specified in ALS          inspection program, as applicable, to                 detail the scope of the Agency’s
                                                at Revision 7.                                          include new or more restrictive                       authority.
                                                   Since that [EASA] AD was issued, Dassault            airworthiness limitations and                            We are issuing this rulemaking under
                                                issued ALS Revisions 8 and 9, which                     maintenance requirements.                             the authority described in Subtitle VII,
                                                introduced new and more restrictive                       This proposed AD would require                      Part A, Subpart III, Section 44701:
                                                maintenance requirements and/or                         revisions to certain operator
                                                airworthiness limitations.                                                                                    ‘‘General requirements.’’ Under that
                                                                                                        maintenance documents to include new                  section, Congress charges the FAA with
                                                   For the reason described above, this
                                                                                                        actions (e.g., inspections). Compliance               promoting safe flight of civil aircraft in
                                                [EASA] AD takes over the requirements for
                                                Fan Jet Falcon aeroplanes from EASA AD                  with these actions is required by 14 CFR              air commerce by prescribing regulations
                                                2008–0221 and requires accomplishment of                91.403(c). For airplanes that have been               for practices, methods, and procedures
                                                the actions specified in the ALS.                       previously modified, altered, or repaired             the Administrator finds necessary for
                                                   Once new [EASA] ADs have been                        in the areas addressed by this proposed               safety in air commerce. This regulation
                                                published for all the types addressed by                AD, the operator may not be able to
                                                EASA AD 2008–0221, EASA plans to cancel
                                                                                                                                                              is within the scope of that authority
                                                                                                        accomplish the actions described in the               because it addresses an unsafe condition
                                                that AD.                                                revisions. In this situation, to comply               that is likely to exist or develop on
                                                   The unsafe condition is fatigue                      with 14 CFR 91.403(c), the operator                   products identified in this rulemaking
                                                cracking and damage in principal                        must request approval for an alternative              action.
                                                structural elements; such fatigue                       method of compliance according to                        This proposed AD is issued in
                                                cracking and damage could result in                     paragraph (i)(1) of this proposed AD.                 accordance with authority delegated by
                                                reduced structural integrity of the                                                                           the Executive Director, Aircraft
                                                airplane. Because we determined that a                  Differences Between This Proposed AD
                                                                                                        and the MCAI or Service Information                   Certification Service, as authorized by
                                                separate FAA AD should be issued for                                                                          FAA Order 8000.51C. In accordance
                                                each airplane model due to different                       The MCAI specifies that if there are
                                                                                                        findings from the ALS inspection tasks,               with that order, issuance of ADs is
                                                ALS requirements, we did not issue an                                                                         normally a function of the Compliance
                                                AD that corresponded to EASA AD                         corrective actions must be accomplished
                                                                                                        in accordance with Dassault                           and Airworthiness Division, but during
                                                2008–0221. You may examine the MCAI                                                                           this transition period, the Executive
                                                in the AD docket on the internet at                     maintenance documentation. However,
                                                                                                        this proposed AD would not include                    Director has delegated the authority to
                                                http://www.regulations.gov by searching                                                                       issue ADs applicable to transport
                                                for and locating Docket No. FAA–2018–                   those requirements. Operators of U.S.-
                                                                                                        registered airplanes are required by                  category airplanes and associated
                                                0963.                                                                                                         appliances to the Director of the System
                                                                                                        general airworthiness and operational
                                                Related Service Information Under 1                     regulations to maintain their airplanes               Oversight Division.
                                                CFR Part 51                                             using methods that are acceptable to the              Regulatory Findings
                                                  Dassault has issued Chapter 5–40,                     FAA. We consider those methods to be
                                                Airworthiness Limitations, DMD 44729,                                                                           We determined that this proposed AD
                                                                                                        adequate to replace parts, perform
                                                Revision 9, dated November 29, 2017, of                                                                       would not have federalism implications
                                                                                                        maintenance tasks, and address any
                                                the Dassault Aviation Falcon 20                                                                               under Executive Order 13132. This
                                                                                                        corrective actions necessitated by the
                                                Maintenance Manual. This service                                                                              proposed AD would not have a
                                                                                                        findings of the ALS inspections
                                                information includes life limits for                                                                          substantial direct effect on the States, on
                                                                                                        specified in this proposed AD.
                                                certain airframe components, and                                                                              the relationship between the national
                                                describes airworthiness limitations for                 Costs of Compliance                                   Government and the States, or on the
                                                safe life limits and certification                         We estimate that this proposed AD                  distribution of power and
                                                maintenance requirements. This service                  affects 61 airplanes of U.S. registry. We             responsibilities among the various
                                                information is reasonably available                     estimate the following costs to comply                levels of government.
                                                because the interested parties have                     with this proposed AD:                                  For the reasons discussed above, I
                                                access to it through their normal course                   We have determined that revising the               certify this proposed regulation:
                                                of business or by the means identified                  existing maintenance or inspection                      1. Is not a ‘‘significant regulatory
                                                in the ADDRESSES section.                               program takes an average of 90 work-                  action’’ under Executive Order 12866;
amozie on DSK3GDR082PROD with PROPOSALS1




                                                                                                        hours per operator, although we                         2. Is not a ‘‘significant rule’’ under the
                                                FAA’s Determination                                     recognize that this number may vary                   DOT Regulatory Policies and Procedures
                                                  This product has been approved by                     from operator to operator. In the past,               (44 FR 11034, February 26, 1979);
                                                the aviation authority of another                       we have estimated that this action takes                3. Will not affect intrastate aviation in
                                                country, and is approved for operation                  1 work-hour per airplane. Since                       Alaska; and
                                                in the United States. Pursuant to our                   operators incorporate maintenance or                    4. Will not have a significant
                                                bilateral agreement with the State of                   inspection program changes for their                  economic impact, positive or negative,
                                                Design Authority, we have been notified                 affected fleet, we have determined that               on a substantial number of small entities


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                                                59328                 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules

                                                under the criteria of the Regulatory                    specified in Chapter 5–40, Airworthiness              International Section, Transport Standards
                                                Flexibility Act.                                        Limitations, DMD 44729, Revision 9, dated             Branch, FAA, 2200 South 216th St., Des
                                                                                                        November 29, 2017, of the Dassault Aviation           Moines, WA 98198; telephone and fax 206–
                                                List of Subjects in 14 CFR Part 39                      Falcon 20 Maintenance Manual. The initial             231–3226.
                                                                                                        compliance time for accomplishing the                    (3) For service information identified in
                                                  Air transportation, Aircraft, Aviation                actions is at the applicable time specified in        this AD, contact Dassault Falcon Jet
                                                safety, Incorporation by reference,                     Chapter 5–40, Airworthiness Limitations,              Corporation, Teterboro Airport, P.O. Box
                                                Safety.                                                 DMD 44729, Revision 9, dated November 29,             2000, South Hackensack, NJ 07606;
                                                                                                        2017, of the Dassault Aviation Falcon 20              telephone 201–440–6700; internet http://
                                                The Proposed Amendment
                                                                                                        Maintenance Manual; or within 90 days after           www.dassaultfalcon.com. You may view this
                                                  Accordingly, under the authority                      the effective date of this AD; whichever              service information at the FAA, Transport
                                                delegated to me by the Administrator,                   occurs later. Where the threshold column in           Standards Branch, 2200 South 216th St., Des
                                                the FAA proposes to amend 14 CFR part                   the table in paragraph B, Mandatory                   Moines, WA. For information on the
                                                39 as follows:                                          Maintenance Operations, of Chapter 5–40,              availability of this material at the FAA, call
                                                                                                        Airworthiness Limitations, DMD 44729,                 206–231–3195.
                                                PART 39—AIRWORTHINESS                                   Revision 9, dated November 29, 2017, of the
                                                                                                        Dassault Aviation Falcon 20 Maintenance                 Issued in Des Moines, Washington, on
                                                DIRECTIVES                                              Manual specifies a compliance time in years,          November 8, 2018.
                                                                                                        those compliance times start from the date of         Chris Spangenberg,
                                                ■ 1. The authority citation for part 39                 issuance of the original airworthiness
                                                continues to read as follows:                           certificate or date of issuance of the original       Acting Director, System Oversight Division,
                                                                                                        export certificate of airworthiness.                  Aircraft Certification Service.
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701.
                                                                                                                                                              [FR Doc. 2018–25385 Filed 11–21–18; 8:45 am]
                                                § 39.13   [Amended]                                     (h) No Alternative Actions or Intervals
                                                                                                                                                              BILLING CODE 4910–13–P
                                                ■ 2. The FAA amends § 39.13 by adding                     After accomplishing the revision required
                                                                                                        by paragraph (g) of this AD, no alternative
                                                the following new airworthiness
                                                                                                        actions (e.g., inspections) or intervals may be       DEPARTMENT OF TRANSPORTATION
                                                directive (AD):                                         used unless the actions and intervals are
                                                Dassault Aviation: Docket No. FAA–2018–                 approved as an alternative method of                  Federal Aviation Administration
                                                    0963; Product Identifier 2018–NM–135–               compliance (AMOC) in accordance with the
                                                    AD.                                                 procedures specified in paragraph (i)(1) of
                                                                                                        this AD.                                              14 CFR Part 39
                                                (a) Comments Due Date
                                                                                                        (i) Other FAA AD Provisions                           [Docket No. FAA–2018–0962; Product
                                                  We must receive comments by January 7,                                                                      Identifier 2018–NM–125–AD]
                                                2019.                                                      The following provisions also apply to this
                                                                                                        AD:                                                   RIN 2120–AA64
                                                (b) Affected ADs                                           (1) Alternative Methods of Compliance
                                                  None.                                                 (AMOCs): The Manager, International                   Airworthiness Directives; Airbus SAS
                                                                                                        Section, Transport Standards Branch, FAA,             Airplanes
                                                (c) Applicability                                       has the authority to approve AMOCs for this
                                                   This AD applies to Dassault Aviation                 AD, if requested using the procedures found           AGENCY: Federal Aviation
                                                Model FAN JET FALCON, and FAN JET                       in 14 CFR 39.19. In accordance with 14 CFR            Administration (FAA), DOT.
                                                FALCON SERIES C, D, E, F, and G airplanes,              39.19, send your request to your principal            ACTION: Notice of proposed rulemaking
                                                certificated in any category, all serial                inspector or local Flight Standards District
                                                                                                                                                              (NPRM).
                                                numbers, on which the Dassault Fan Jet                  Office, as appropriate. If sending information
                                                Falcon Supplemental Structural Inspection               directly to the International Section, send it        SUMMARY:   We propose to adopt a new
                                                Program (Dassault Service Bulletin (SB) 730),           to the attention of the person identified in
                                                                                                                                                              airworthiness directive (AD) for all
                                                has been embodied into the airplane’s                   paragraph (j)(2) of this AD. Information may
                                                maintenance program.                                    be emailed to: 9–ANM–116–AMOC–                        Airbus SAS Model A350–941 airplanes.
                                                                                                        REQUESTS@faa.gov. Before using any                    This proposed AD was prompted by
                                                (d) Subject                                             approved AMOC, notify your appropriate                reports of an overheat failure mode of
                                                  Air Transport Association (ATA) of                    principal inspector, or lacking a principal           the hydraulic engine-driven pump
                                                America Code 05, Time Limits/Maintenance                inspector, the manager of the local flight            (EDP), and a determination that the
                                                Checks.                                                 standards district office/certificate holding         affected EDP needs to be replaced with
                                                                                                        district office.                                      an improved EDP. This proposed AD
                                                (e) Reason                                                 (2) Contacting the Manufacturer: For any
                                                   This AD was prompted by a determination
                                                                                                                                                              would require replacement of a certain
                                                                                                        requirement in this AD to obtain corrective
                                                that new or more restrictive airworthiness              actions from a manufacturer, the action must          EDP with an improved EDP. We are
                                                limitations and maintenance requirements                be accomplished using a method approved               proposing this AD to address the unsafe
                                                are necessary. We are issuing this AD to                by the Manager, International Section,                condition on these products.
                                                address, among other things, fatigue cracking           Transport Standards Branch, FAA; or                   DATES: We must receive comments on
                                                and damage in principal structural elements;            European Aviation Safety Agency (EASA); or            this proposed AD by January 7, 2019.
                                                such fatigue cracking and damage could                  Dassault Aviation’s EASA Design
                                                                                                                                                              ADDRESSES: You may send comments,
                                                result in reduced structural integrity of the           Organization Approval (DOA). If approved by
                                                airplane.                                               the DOA, the approval must include the                using the procedures found in 14 CFR
                                                                                                        DOA-authorized signature.                             11.43 and 11.45, by any of the following
                                                (f) Compliance                                                                                                methods:
                                                                                                        (j) Related Information
                                                   Comply with this AD within the                                                                                • Federal eRulemaking Portal: Go to
amozie on DSK3GDR082PROD with PROPOSALS1




                                                compliance times specified, unless already                 (1) Refer to Mandatory Continuing                  http://www.regulations.gov. Follow the
                                                done.                                                   Airworthiness Information (MCAI) EASA AD              instructions for submitting comments.
                                                                                                        2018–0193, dated September 3, 2018, for
                                                (g) Maintenance or Inspection Program                                                                            • Fax: 202–493–2251.
                                                                                                        related information. This MCAI may be
                                                Revision                                                found in the AD docket on the internet at
                                                                                                                                                                 • Mail: U.S. Department of
                                                   Within 90 days after the effective date of           http://www.regulations.gov by searching for           Transportation, Docket Operations, M–
                                                this AD, revise the existing maintenance or             and locating Docket No. FAA–2018–0963.                30, West Building Ground Floor, Room
                                                inspection program, as applicable, to                      (2) For more information about this AD,            W12–140, 1200 New Jersey Avenue SE,
                                                incorporate the airworthiness limitations               contact Tom Rodriguez, Aerospace Engineer,            Washington, DC 20590.


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Document Created: 2018-11-27 12:59:41
Document Modified: 2018-11-27 12:59:41
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 January 7, 2019.
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 59326 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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