83_FR_61754 83 FR 61523 - Airworthiness Directives; Dassault Aviation Airplanes

83 FR 61523 - Airworthiness Directives; Dassault Aviation Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 231 (November 30, 2018)

Page Range61523-61525
FR Document2018-25658

We are adopting a new airworthiness directive (AD) for all Dassault Aviation Model Falcon 10 airplanes. This AD was prompted by a determination that new and more restrictive maintenance requirements and airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and airworthiness limitations. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 231 (Friday, November 30, 2018)
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61523-61525]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25658]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0642; Product Identifier 2018-NM-087-AD; Amendment 
39-19507; AD 2018-24-03]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model Falcon 10 airplanes. This AD was prompted by a 
determination that new and more restrictive maintenance requirements 
and airworthiness limitations are necessary. This AD requires revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive maintenance requirements and 
airworthiness limitations. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 4, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 4, 
2019.

ADDRESSES: For service information identified in this final rule, 
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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0642.

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-
0642; 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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Dassault Aviation Model 
Falcon 10 airplanes. The NPRM published in the Federal Register on 
August 10, 2018 (83 FR 39626). 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 or more restrictive maintenance requirements and 
airworthiness limitations.
    We are issuing this AD to address, among other things, fatigue 
cracking and damage in principal structural elements; such fatigue 
cracking and damage could result in reduced structural integrity of the 
airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2018-0078, dated April 9, 2018 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
Model Falcon 10 airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance 
instructions for the Dassault Falcon 10 aeroplanes, which are

[[Page 61524]]

approved by EASA, are currently defined and published in the 
Dassault Falcon 10 [Airplane Maintenance Manual] AMM, Chapter 5-40. 
These instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition [fatigue cracking and damage in principal 
structural elements, which could result in reduced structural 
integrity of the airplane.]
    Previously, EASA issued AD 2008-0221 to require accomplishment 
of the maintenance tasks, and implementation of the airworthiness 
limitations, as specified in the Dassault Falcon 10 AMM, Chapter 5-
40, at Revision 8.
    Since that [EASA] AD was issued, Dassault issued the 
[Airworthiness Limitations Section] ALS, which introduces new and 
more restrictive maintenance requirements and/or airworthiness 
limitations.
    For the reason described above, this [EASA] AD takes over the 
requirements for Falcon 10 aeroplanes from EASA AD 2008-0221, 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-
0642.

Comments

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

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this final rule as proposed, 
except for minor editorial changes. We have determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Dassault has issued Section 5-40-00, Airworthiness Limitations, 
Revision 13, dated July 2017, of the Dassault Falcon 10 Maintenance 
Manual. This service information describes repetitive mandatory 
maintenance tasks. 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.

Costs of Compliance

    We estimate that this AD affects 60 airplanes of U.S. registry. We 
estimate the following costs to comply with this 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 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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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):

2018-24-03 Dassault Aviation: Amendment 39-19507; Docket No. FAA-
2018-0642; Product Identifier 2018-NM-087-AD.

(a) Effective Date

    This AD is effective January 4, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Dassault Aviation Model Falcon 10 
airplanes, certificated in any category.

(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 and more 
restrictive maintenance requirements and airworthiness limitations 
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.

[[Page 61525]]

(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 Section 5-40-00, Airworthiness Limitations, Revision 13, 
dated July 2017, of the Dassault Falcon 10 Maintenance Manual 
(``Section 5-40-00''). The initial compliance time for accomplishing 
the actions is at the applicable time specified in Section 5-40-00; 
or within 90 days after the effective date of this AD; whichever 
occurs later.

(h) No Alternative Actions or Intervals

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

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2018-0078, dated April 9, 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-2018-0642.
    (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.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Section 5-40-00, Airworthiness Limitations, Revision 13, 
dated July 2017, of the Dassault Falcon 10 Maintenance Manual.
    (ii) [Reserved]
    (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.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 8, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-25658 Filed 11-29-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                            Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations                                            61523

                                           example, the term agent is used to refer to             of a direct payment of interest or in the form        http://www.regulations.gov by searching
                                           a variety of bank parties to a funds transfer           of a compensating balance, if the party               for and locating Docket No. FAA–2018–
                                           (e.g., debtor agent, creditor agent,                    entitled to interest agrees to accept the other       0642.
                                           intermediary agent). Notwithstanding use of             form of compensation, and the value of the
                                           that term in the standard and in message tags,          compensating balance is at least equivalent to        Examining the AD Docket
                                           such banks are not the agents of any party to           the value of the explicit interest that
                                           a funds transfer and owe no duty to any other           otherwise would have been provided.
                                                                                                                                                            You may examine the AD docket on
                                           party to such a funds transfer except as                                                                      the internet at http://
                                                                                                   *      *      *      *       *                        www.regulations.gov by searching for
                                           provided in subpart B of this part (including
                                           Article 4A) or by express agreement. The ISO              By order of the Board of Governors of the           and locating Docket No. FAA–2018–
                                           20022 financial messaging standard also                 Federal Reserve System, November 14, 2018.            0642; or in person at Docket Operations
                                           permits information to be carried in a funds-           Ann Misback,                                          between 9 a.m. and 5 p.m., Monday
                                           transfer message regarding persons that are             Secretary of the Board.                               through Friday, except Federal holidays.
                                           not parties to that funds transfer (e.g.,
                                                                                                   [FR Doc. 2018–25267 Filed 11–29–18; 8:45 am]          The AD docket contains this final rule,
                                           ultimate debtor, ultimate creditor, initiating
                                           party) for regulatory, compliance, remittance,          BILLING CODE 6210–01–P                                the regulatory evaluation, any
                                           or other purposes. An ‘‘ultimate debtor’’ is                                                                  comments received, and other
                                           not an ‘‘originator’’ as defined in Article 4A.                                                               information. The address for Docket
                                           The relationship between the ultimate debtor            DEPARTMENT OF TRANSPORTATION                          Operations (phone: 800–647–5527) is
                                           and the originator (what the ISO 20022                                                                        U.S. Department of Transportation,
                                           standard calls the ‘‘debtor’’) is determined by         Federal Aviation Administration                       Docket Operations, M–30, West
                                           law other than Article 4A.                                                                                    Building Ground Floor, Room W12–140,
                                           *      *     *       *      *                           14 CFR Part 39                                        1200 New Jersey Avenue SE,
                                           Section 210.32—Federal Reserve Bank                                                                           Washington, DC 20590.
                                                                                                   [Docket No. FAA–2018–0642; Product
                                           Liability; Payment of Interest                          Identifier 2018–NM–087–AD; Amendment                  FOR FURTHER INFORMATION CONTACT: Tom
                                           *      *     *       *      *                           39–19507; AD 2018–24–03]                              Rodriguez, Aerospace Engineer,
                                              (b) Payment of interest. (1) Under article                                                                 International Section, Transport
                                           4A, a Federal Reserve Bank may be required              RIN 2120–AA64                                         Standards Branch, FAA, 2200 South
                                           to pay compensation in the form of interest                                                                   216th St., Des Moines, WA 98198;
                                           to another party in connection with its                 Airworthiness Directives; Dassault
                                                                                                   Aviation Airplanes                                    telephone and fax 206–231–3226.
                                           handling of a funds transfer. For example,
                                           payment of compensation in the form of                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                   AGENCY:  Federal Aviation
                                           interest is required in certain situations                                                                    Discussion
                                           pursuant to sections 4A–204 (relating to                Administration (FAA), Department of
                                           refund of payment and duty of customer to               Transportation (DOT).                                   We issued a notice of proposed
                                           report with respect to unauthorized payment             ACTION: Final rule.                                   rulemaking (NPRM) to amend 14 CFR
                                           order), 4A–209 (relating to acceptance of                                                                     part 39 by adding an AD that would
                                           payment order), 4A–210 (relating to rejection           SUMMARY:    We are adopting a new                     apply to all Dassault Aviation Model
                                           of payment order), 4A–304 (relating to duty             airworthiness directive (AD) for all                  Falcon 10 airplanes. The NPRM
                                           of sender to report erroneously executed                Dassault Aviation Model Falcon 10                     published in the Federal Register on
                                           payment order), 4A–305 (relating to liability           airplanes. This AD was prompted by a
                                           for late or improper execution or failure to                                                                  August 10, 2018 (83 FR 39626). The
                                                                                                   determination that new and more                       NPRM was prompted by a
                                           execute a payment order), 4A–402 (relating to           restrictive maintenance requirements
                                           obligation of sender to pay receiving bank),                                                                  determination that more restrictive
                                           and 4A–404 (relating to obligation of
                                                                                                   and airworthiness limitations are                     maintenance requirements and
                                           beneficiary’s bank to pay and give notice to            necessary. This AD requires revising the              airworthiness limitations are necessary.
                                           beneficiary).                                           existing maintenance or inspection                    The NPRM proposed to require revising
                                              (2) Section 210.32(b) requires Federal               program, as applicable, to incorporate                the existing maintenance or inspection
                                           Reserve Banks to provide compensation                   new or more restrictive maintenance                   program, as applicable, to incorporate
                                           through an explicit interest payment. Under             requirements and airworthiness                        new or more restrictive maintenance
                                           section 4A–506(a), the amount of such                   limitations. We are issuing this AD to
                                           interest may be determined by agreement                                                                       requirements and airworthiness
                                                                                                   address the unsafe condition on these                 limitations.
                                           between the sender and receiving bank or by             products.
                                           funds-transfer system rule. If there is no such                                                                 We are issuing this AD to address,
                                           agreement, under section 4A–506(b), the                 DATES: This AD is effective January 4,                among other things, fatigue cracking and
                                           amount of interest is based on the federal              2019.                                                 damage in principal structural elements;
                                           funds rate. Similarly, compensation in the                 The Director of the Federal Register               such fatigue cracking and damage could
                                           form of explicit interest will be paid to               approved the incorporation by reference               result in reduced structural integrity of
                                           government senders, receiving banks, or                 of a certain publication listed in this AD            the airplane.
                                           beneficiaries described in § 210.25(d) if they          as of January 4, 2019.                                  The European Aviation Safety Agency
                                           are entitled to interest under this subpart. A
                                           Federal Reserve Bank may also, in its                   ADDRESSES: For service information                    (EASA), which is the Technical Agent
                                           discretion, pay explicit interest directly to a         identified in this final rule, contact                for the Member States of the European
                                           remote party to a Fedwire funds transfer that           Dassault Falcon Jet Corporation,                      Union, has issued EASA Airworthiness
                                           is entitled to interest, rather than providing          Teterboro Airport, P.O. Box 2000, South               Directive 2018–0078, dated April 9,
                                           compensation to its direct sender or receiving          Hackensack, NJ 07606; telephone 201–                  2018 (referred to after this as the
                                           bank.                                                   440–6700; internet http://                            Mandatory Continuing Airworthiness
                                              (3) If a bank that received an explicit              www.dassaultfalcon.com. You may                       Information, or ‘‘the MCAI’’), to correct
amozie on DSK3GDR082PROD with RULES




                                           interest payment is not the party entitled to                                                                 an unsafe condition for all Dassault
                                                                                                   view this service information at the
                                           interest compensation under article 4A, the
                                                                                                   FAA, Transport Standards Branch, 2200                 Aviation Model Falcon 10 airplanes.
                                           bank must pass the benefit of the explicit
                                           interest payment made to it to the party that           South 216th St., Des Moines, WA. For                  The MCAI states:
                                           is entitled to compensation in the form of              information on the availability of this                 The airworthiness limitations and
                                           interest from a Federal Reserve Bank. The               material at the FAA, call 206–231–3195.               certification maintenance instructions for the
                                           benefit may be passed on either in the form             It is also available on the internet at               Dassault Falcon 10 aeroplanes, which are



                                      VerDate Sep<11>2014   16:03 Nov 29, 2018   Jkt 247001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\30NOR1.SGM   30NOR1


                                           61524            Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations

                                           approved by EASA, are currently defined and             the following costs to comply with this                 For the reasons discussed above, I
                                           published in the Dassault Falcon 10                     AD:                                                   certify that this AD:
                                           [Airplane Maintenance Manual] AMM,                         We have determined that revising the
                                           Chapter 5–40. These instructions have been                                                                      (1) Is not a ‘‘significant regulatory
                                           identified as mandatory for continued
                                                                                                   existing maintenance or inspection                    action’’ under Executive Order 12866,
                                           airworthiness.                                          program takes an average of 90 work-
                                                                                                   hours per operator, although we                         (2) Is not a ‘‘significant rule’’ under
                                              Failure to accomplish these instructions                                                                   the DOT Regulatory Policies and
                                           could result in an unsafe condition [fatigue            recognize that this number may vary
                                                                                                   from operator to operator. In the past,               Procedures (44 FR 11034, February 26,
                                           cracking and damage in principal structural
                                           elements, which could result in reduced                 we have estimated that this action takes              1979),
                                           structural integrity of the airplane.]                  1 work-hour per airplane. Since                         (3) Will not affect intrastate aviation
                                              Previously, EASA issued AD 2008–0221 to              operators incorporate maintenance or                  in Alaska, and
                                           require accomplishment of the maintenance               inspection program changes for their
                                           tasks, and implementation of the                                                                                (4) Will not have a significant
                                           airworthiness limitations, as specified in the
                                                                                                   affected fleet(s), we have determined                 economic impact, positive or negative,
                                           Dassault Falcon 10 AMM, Chapter 5–40, at                that a per-operator estimate is more                  on a substantial number of small entities
                                           Revision 8.                                             accurate than a per-airplane estimate.                under the criteria of the Regulatory
                                              Since that [EASA] AD was issued, Dassault            Therefore, we estimate the total cost per             Flexibility Act.
                                           issued the [Airworthiness Limitations                   operator to be $7,650 (90 work-hours ×
                                           Section] ALS, which introduces new and                  $85 per work-hour).                                   List of Subjects in 14 CFR Part 39
                                           more restrictive maintenance requirements
                                           and/or airworthiness limitations.                       Authority for This Rulemaking                           Air transportation, Aircraft, Aviation
                                              For the reason described above, this                                                                       safety, Incorporation by reference,
                                                                                                      Title 49 of the United States Code                 Safety.
                                           [EASA] AD takes over the requirements for
                                           Falcon 10 aeroplanes from EASA AD 2008–
                                                                                                   specifies the FAA’s authority to issue
                                           0221, and requires accomplishment of the                rules on aviation safety. Subtitle I,                 Adoption of the Amendment
                                           actions specified in the ALS.                           section 106, describes the authority of
                                                                                                   the FAA Administrator. Subtitle VII:                    Accordingly, under the authority
                                             You may examine the MCAI in the                       Aviation Programs, describes in more                  delegated to me by the Administrator,
                                           AD docket on the internet at http://                    detail the scope of the Agency’s                      the FAA amends 14 CFR part 39 as
                                           www.regulations.gov by searching for                    authority.                                            follows:
                                           and locating Docket No. FAA–2018–
                                                                                                      We are issuing this rulemaking under               PART 39—AIRWORTHINESS
                                           0642.
                                                                                                   the authority described in Subtitle VII,              DIRECTIVES
                                           Comments                                                Part A, Subpart III, Section 44701:
                                             We gave the public the opportunity to                 ‘‘General requirements.’’ Under that
                                                                                                                                                         ■ 1. The authority citation for part 39
                                           participate in developing this final rule.              section, Congress charges the FAA with
                                                                                                                                                         continues to read as follows:
                                           We received no comments on the NPRM                     promoting safe flight of civil aircraft in
                                                                                                   air commerce by prescribing regulations                   Authority: 49 U.S.C. 106(g), 40113, 44701.
                                           or on the determination of the cost to
                                           the public.                                             for practices, methods, and procedures
                                                                                                                                                         § 39.13     [Amended]
                                                                                                   the Administrator finds necessary for
                                           Conclusion                                              safety in air commerce. This regulation               ■ 2. The FAA amends § 39.13 by adding
                                              We reviewed the relevant data and                    is within the scope of that authority                 the following new airworthiness
                                           determined that air safety and the                      because it addresses an unsafe condition              directive (AD):
                                           public interest require adopting this                   that is likely to exist or develop on
                                                                                                                                                         2018–24–03 Dassault Aviation:
                                           final rule as proposed, except for minor                products identified in this rulemaking                    Amendment 39–19507; Docket No.
                                           editorial changes. We have determined                   action.                                                   FAA–2018–0642; Product Identifier
                                           that these minor changes:                                  This AD is issued in accordance with                   2018–NM–087–AD.
                                              • Are consistent with the intent that                authority delegated by the Executive
                                                                                                                                                         (a) Effective Date
                                           was proposed in the NPRM for                            Director, Aircraft Certification Service,
                                                                                                   as authorized by FAA Order 8000.51C.                      This AD is effective January 4, 2019.
                                           addressing the unsafe condition; and
                                              • Do not add any additional burden                   In accordance with that order, issuance               (b) Affected ADs
                                           upon the public than was already                        of ADs is normally a function of the                      None.
                                           proposed in the NPRM.                                   Compliance and Airworthiness
                                                                                                   Division, but during this transition                  (c) Applicability
                                           Related Service Information Under 1                     period, the Executive Director has                       This AD applies to all Dassault Aviation
                                           CFR Part 51                                             delegated the authority to issue ADs                  Model Falcon 10 airplanes, certificated in
                                             Dassault has issued Section 5–40–00,                  applicable to transport category                      any category.
                                           Airworthiness Limitations, Revision 13,                 airplanes and associated appliances to                (d) Subject
                                           dated July 2017, of the Dassault Falcon                 the Director of the System Oversight                    Air Transport Association (ATA) of
                                           10 Maintenance Manual. This service                     Division.                                             America Code 05, Time Limits/Maintenance
                                           information describes repetitive                        Regulatory Findings                                   Checks.
                                           mandatory maintenance tasks. This
                                                                                                     This AD will not have federalism                    (e) Reason
                                           service information is reasonably
                                           available because the interested parties                implications under Executive Order                       This AD was prompted by a determination
                                                                                                   13132. This AD will not have a                        that new and more restrictive maintenance
                                           have access to it through their normal
amozie on DSK3GDR082PROD with RULES




                                                                                                   substantial direct effect on the States, on           requirements and airworthiness limitations
                                           course of business or by the means                                                                            are necessary. We are issuing this AD to
                                           identified in the ADDRESSES section.                    the relationship between the national                 address, among other things, fatigue cracking
                                                                                                   government and the States, or on the                  and damage in principal structural elements;
                                           Costs of Compliance                                     distribution of power and                             such fatigue cracking and damage could
                                             We estimate that this AD affects 60                   responsibilities among the various                    result in reduced structural integrity of the
                                           airplanes of U.S. registry. We estimate                 levels of government.                                 airplane.



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                                                            Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations                                       61525

                                           (f) Compliance                                          Branch, FAA, 2200 South 216th St., Des                fittings of Model AW189 helicopters.
                                              Comply with this AD within the                       Moines, WA 98198; telephone and fax 206–              The actions of this AD are intended to
                                           compliance times specified, unless already              231–3226.                                             correct an unsafe condition on these
                                           done.                                                   (k) Material Incorporated by Reference                products.
                                           (g) Maintenance or Inspection Program                      (1) The Director of the Federal Register           DATES: This AD is effective January 4,
                                           Revision                                                approved the incorporation by reference               2019.
                                              Within 90 days after the effective date of           (IBR) of the service information listed in this
                                                                                                                                                         ADDRESSES: For service information
                                           this AD, revise the existing maintenance or             paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                                                                   part 51.                                              identified in this final rule, contact
                                           inspection program, as applicable, to
                                           incorporate Section 5–40–00, Airworthiness                 (2) You must use this service information          Leonardo S.p.A. Helicopters, Matteo
                                           Limitations, Revision 13, dated July 2017, of           as applicable to do the actions required by           Ragazzi, Head of Airworthiness, Viale
                                           the Dassault Falcon 10 Maintenance Manual               this AD, unless this AD specifies otherwise.          G.Agusta 520, 21017 C.Costa di
                                           (‘‘Section 5–40–00’’). The initial compliance              (i) Section 5–40–00, Airworthiness                 Samarate (Va) Italy; telephone +39–
                                           time for accomplishing the actions is at the            Limitations, Revision 13, dated July 2017, of         0331–711756; fax +39–0331–229046; or
                                           applicable time specified in Section 5–40–00;           the Dassault Falcon 10 Maintenance Manual.            at http://www.leonardocompany.com/-/
                                           or within 90 days after the effective date of              (ii) [Reserved]                                    bulletins. You may review the
                                           this AD; whichever occurs later.                           (3) For service information identified in
                                                                                                                                                         referenced service information at the
                                                                                                   this AD, contact Dassault Falcon Jet
                                           (h) No Alternative Actions or Intervals                 Corporation, Teterboro Airport, P.O. Box              FAA, Office of the Regional Counsel,
                                             After the maintenance or inspection                   2000, South Hackensack, NJ 07606;                     Southwest Region, 10101 Hillwood
                                           program has been revised as required by                 telephone 201–440–6700; internet http://              Pkwy., Room 6N–321, Fort Worth, TX
                                           paragraph (g) of this AD, no alternative                www.dassaultfalcon.com.                               76177.
                                           actions (e.g., inspections) or intervals may be            (4) You may view this service information
                                                                                                   at the FAA, Transport Standards Branch,
                                                                                                                                                         Examining the AD Docket
                                           used unless the actions or intervals are
                                           approved as an alternative method of                    2200 South 216th St., Des Moines, WA. For                You may examine the AD docket on
                                           compliance (AMOC) in accordance with the                information on the availability of this               the internet at http://
                                           procedures specified in paragraph (i)(1) of             material at the FAA, call 206–231–3195.               www.regulations.gov by searching for
                                           this AD.                                                   (5) You may view this service information          and locating Docket No. FAA–2017–
                                                                                                   that is incorporated by reference at the              1081; or in person at Docket Operations
                                           (i) Other FAA AD Provisions                             National Archives and Records
                                                                                                                                                         between 9 a.m. and 5 p.m., Monday
                                              The following provisions also apply to this          Administration (NARA). For information on
                                           AD:                                                     the availability of this material at NARA, call       through Friday, except Federal holidays.
                                              (1) Alternative Methods of Compliance                202–741–6030, or go to: http://                       The AD docket contains this AD, the
                                           (AMOCs): The Manager, International                     www.archives.gov/federal-register/cfr/ibr-            European Aviation Safety Agency
                                           Section, Transport Standards Branch, FAA,               locations.html.                                       (EASA) AD, any incorporated-by-
                                           has the authority to approve AMOCs for this
                                                                                                     Issued in Des Moines, Washington, on
                                                                                                                                                         reference service information, the
                                           AD, if requested using the procedures found
                                                                                                   November 8, 2018.                                     economic evaluation, any comments
                                           in 14 CFR 39.19. In accordance with 14 CFR                                                                    received, and other information. The
                                           39.19, send your request to your principal              Chris Spangenberg,
                                                                                                                                                         street address for Docket Operations
                                           inspector or local Flight Standards District            Acting Director, System Oversight Division,
                                                                                                   Aircraft Certification Service.
                                                                                                                                                         (phone: 800–647–5527) is U.S.
                                           Office, as appropriate. If sending information
                                           directly to the International Section, send it
                                                                                                                                                         Department of Transportation, Docket
                                                                                                   [FR Doc. 2018–25658 Filed 11–29–18; 8:45 am]
                                           to the attention of the person identified in                                                                  Operations, M–30, West Building
                                                                                                   BILLING CODE 4910–13–P
                                           paragraph (j)(2) of this AD. Information may                                                                  Ground Floor, Room W12–140, 1200
                                           be emailed to: 9-ANM-116-AMOC-                                                                                New Jersey Avenue SE, Washington, DC
                                           REQUESTS@faa.gov. Before using any                                                                            20590.
                                                                                                   DEPARTMENT OF TRANSPORTATION
                                           approved AMOC, notify your appropriate                                                                        FOR FURTHER INFORMATION CONTACT:
                                           principal inspector, or lacking a principal                                                                   Kristi Bradley, Aerospace Engineer,
                                                                                                   Federal Aviation Administration
                                           inspector, the manager of the local flight                                                                    Safety Management Section, Rotorcraft
                                           standards district office/certificate holding
                                           district office.                                        14 CFR Part 39                                        Standards Branch, FAA, 10101
                                              (2) Contacting the Manufacturer: For any                                                                   Hillwood Pkwy., Fort Worth, TX 76177;
                                                                                                   [Docket No. FAA–2017–1081; Product
                                           requirement in this AD to obtain corrective                                                                   telephone 817–222–5110; email
                                                                                                   Identifier 2017–SW–090–AD; Amendment
                                           actions from a manufacturer, the action must            39–19510; AD 2018–24–06]                              kristin.bradley@faa.gov.
                                           be accomplished using a method approved                                                                       SUPPLEMENTARY INFORMATION:
                                           by the Manager, International Section,                  RIN 2120–AA64
                                           Transport Standards Branch, FAA; or the                                                                       Discussion
                                           European Aviation Safety Agency (EASA); or              Airworthiness Directives; Leonardo                       On May 23, 2018, at 83 FR 23827, the
                                           Dassault Aviation’s EASA Design                         S.p.A. (Type Certificate Previously                   Federal Register published our notice of
                                           Organization Approval (DOA). If approved by             Held by Finmeccanica S.p.A. and                       proposed rulemaking (NPRM), which
                                           the DOA, the approval must include the                  AgustaWestland S.p.A.) Helicopters
                                           DOA-authorized signature.                                                                                     proposed to amend 14 CFR part 39 by
                                                                                                   AGENCY:  Federal Aviation                             adding an AD that would apply to
                                           (j) Related Information                                                                                       AgustaWestland S.p.A. (now Leonardo)
                                                                                                   Administration (FAA), DOT.
                                              (1) Refer to Mandatory Continuing                    ACTION: Final rule.                                   Model AW189 helicopters with a tail
                                           Airworthiness Information (MCAI) EASA                                                                         plane lower fitting part number (P/N)
                                           Airworthiness Directive 2018–0078, dated                SUMMARY:   We are adopting a new                      8G5350A07051 installed. The NPRM
                                           April 9, 2018, for related information. This            airworthiness directive (AD) for                      proposed to require replacing the tail
amozie on DSK3GDR082PROD with RULES




                                           MCAI may be found in the AD docket on the
                                                                                                   Leonardo S.p.A. (Leonardo) Model                      plane lower fitting with an improved
                                           internet at http://www.regulations.gov by
                                           searching for and locating Docket No. FAA–              AW189 helicopters. This AD requires                   tail plane lower fitting. The proposed
                                           2018–0642.                                              replacing the tail plane lower fitting                requirements were intended to prevent
                                              (2) For more information about this AD,              with an improved tail plane lower                     a crack on a tail plane fitting, which
                                           contact Tom Rodriguez, Aerospace Engineer,              fitting. This AD was prompted by                      could result in failure of the tail plane
                                           International Section, Transport Standards              reports of cracks on the tail plane                   fitting and loss of helicopter control.


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Document Created: 2018-11-30 04:35:21
Document Modified: 2018-11-30 04:35:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective January 4, 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 61523 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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