AD 2016-16-09

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Rules and Regulations]
[Pages 52752-52755]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-18488]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5464; Directorate Identifier 2015-NM-097-AD; 
Amendment 39-18607; AD 2016-16-09]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2011-10-01 for 
all Dassault Aviation Model FALCON 7X airplanes. AD 2011-10-01 required 
repetitive functional tests of the ram air turbine (RAT) heater, and 
repair if necessary. This new AD requires revision of the maintenance 
or inspection program to incorporate new maintenance requirements and 
airworthiness limitations. This AD was prompted by the need for new and 
more restrictive maintenance requirements and airworthiness limitations 
for airplane structures and systems. We are issuing this AD to prevent 
reduced structural integrity and reduced control of these airplanes due 
to the failure of system components.

DATES: This AD is effective September 14, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
14, 2016.

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: 
<a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>. You may view this service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221. It is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
5464.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
5464; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, 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 Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2011-10-01, Amendment 39-16682 (76 FR 25535, 
May 5, 2011) (``AD 2011-10-01''). AD 2011-10-01 applied to all Dassault 
Aviation Model FALCON 7X airplanes. The NPRM published in the Federal

[[Page 52753]]

Register on April 20, 2016 (81 FR 23206) (``the NPRM''). The NPRM was 
prompted by the need for new and more restrictive maintenance 
requirements and airworthiness limitations for airplane structures and 
systems. The NPRM proposed to require revision of the maintenance or 
inspection program to incorporate new maintenance requirements and 
airworthiness limitations. We are issuing this AD to prevent reduced 
structural integrity and reduced control of these airplanes due to the 
failure of system components.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive AD 2015-0095, dated May 29, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
FALCON 7X airplanes. The MCAI states:

    The airworthiness limitations and maintenance requirements for 
the FALCON 7X type design are included in Dassault Aviation FALCON 
7X Aircraft Maintenance Manual (AMM) chapter 5-40 and are approved 
by EASA. To ensure accomplishment of the maintenance tasks, and 
implementation of the airworthiness limitations, as specified in 
Dassault Aviation FALCON 7X AMM chapter 5-40 original issue, 
including temporary revision (TR) TR-01, EASA issued AD 2008-0221.
    Since that [EASA] AD was issued, Dassault Aviation issued 
revision 4 of the FALCON 7X AMM chapter 5-40, which introduces new 
and more restrictive maintenance requirements and/or airworthiness 
limitations.
    Dassault Aviation AMM chapter 5-40 revision 4 contains, among 
others, the following changes:

--Fatigue and Damage tolerance airworthiness limitations,
--Miscellaneous Certification Maintenance Requirements and 
Airworthiness Limitation Items,
--Periodic restoration of the DC generators (this action was 
required by EASA AD 2009-0254),
--Functional test of the Ram Air Turbine heater (this action was 
required by EASA AD 2010-0033) [which corresponds to FAA AD 2011-10-
01],
--Special detailed fatigue inspection of fastener holes at front 
spar/wing lower panel connections at RIB 26,
--Operational test of the IRS3 power supply weight-on- wheel logic,
--Inspection of the interface between wheel keys and brake inboard 
rotor,
--Operational test of the Horizontal Stabilizer Trim Actuator (HSTA) 
electrical motor reversion,
--Operational test of the HSTA trim emergency command,
--Detailed inspection of the brake heat sink.

    The maintenance tasks and airworthiness limitations, as 
specified in the FALCON 7X AMM chapter 5-40, have been identified as 
mandatory actions for continued airworthiness of the FALCON 7X type 
design. Failure to accomplish the actions specified in AMM chapter 
5-40 at revision 4 may result in an unsafe condition.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2009-0254 and EASA AD 2010-0033, which are 
superseded, and requires accomplishment of the maintenance tasks and 
airworthiness limitations, as specified in Dassault Aviation FALCON 
7X AMM chapter 5-40 at revision 4.

    You may examine the MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
5464.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections) and/or Critical 
Design Configuration Control Limitations (CDCCLs). Compliance with 
these actions and/or CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this 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 (k)(1) of 
this AD. The request should include a description of changes to the 
required inspections that will ensure the continued operational safety 
of the airplane.
    Notwithstanding any other maintenance or operational requirements, 
components that have been identified as airworthy or installed on the 
affected airplanes before accomplishing the revision of the airplane 
maintenance or inspection program specified in this AD, do not need to 
be reworked in accordance with the CDCCLs. However, once the airplane 
maintenance or inspection program or airworthiness limitations section 
(ALS) has been revised as required by this AD, future maintenance 
actions on these components must be done in accordance with the CDCCLs.

Comments

    We gave the public the opportunity to participate in developing 
this AD. 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 AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> 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 Aviation issued Chapter 5-40-00, Airworthiness 
Limitations, DGT 107838, Revision 4, dated February 2, 2015, of the 
Dassault Falcon 7X Maintenance Manual, which introduces new and more 
restrictive maintenance requirements and airworthiness limitations for 
airplane structures and systems. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 45 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Functional test retained from AD   1 work-hour x $85                $0  $85 per inspection   $3,825 per
 2011-10-01.                        per hour = $85.                      cycle.               inspection cycle.
Revise maintenance or inspection   1 work-hour x $85                 0  $85................  $3,825.
 program.                           per hour = $85.
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[[Page 52754]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this 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 removing Airworthiness Directive (AD) 
2011-10-01, Amendment 39-16682 (76 FR 25535, May 5, 2011), and adding 
the following new AD:

2016-16-09 Dassault Aviation: Amendment 39-18607; Docket No. FAA-
2016-5464; Directorate Identifier 2015-NM-097-AD.

(a) Effective Date

    This AD is effective September 14, 2016.

(b) Affected ADs

    This AD replaces AD 2011-10-01, Amendment 39-16682 (76 FR 25535, 
May 5, 2011) (``AD 2011-10-01''). This AD affects AD 2014-16-23, 
Amendment 39-17947 (79 FR 52545, September 4, 2014) (``AD 2014-16-
23'').

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, 
certificated in any category, all serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by the need for new and more restrictive 
maintenance requirements and airworthiness limitations for airplane 
structures and systems. We are issuing this AD to prevent reduced 
structural integrity and reduced control of these airplanes due to 
the failure of system components.

(f) Compliance

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

(g) Retained Functional Test of the Ram Air Turbine (RAT) Heater, With 
New Terminating Action and Specific Delegation Approval Language

    This paragraph restates the requirements of paragraph (g) of AD 
2011-10-01, with new terminating action and specific delegation 
approval language. At the applicable times specified in paragraph 
(g)(1) or (g)(2) of this AD, do a functional test of the RAT heater 
using a method approved by either the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA; or the European 
Aviation Safety Agency (EASA); or Dassault Aviation's EASA Design 
Organization Approval (DOA). Repeat the functional test of the RAT 
heater thereafter at the applicable time specified in paragraph 
(g)(1) or (g)(2) of this AD until the revision required by paragraph 
(h) of this AD is done. If any functional test fails, before further 
flight, repair using a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or EASA; or Dassault Aviation's EASA DOA.
    (1) For Model FALCON 7X airplanes on which modification M0305 
has not been done and on which Dassault Service Bulletin 7X-018, 
dated March 6, 2009, has not been done: Within 650 flight hours 
after the effective date of this AD, do a functional test of the RAT 
heater and repeat the functional test of the RAT heater thereafter 
at intervals not to exceed 650 flight hours.
    (2) For Model FALCON 7X airplanes on which modification M0305 
has been done or on which Dassault Service Bulletin 7X-018, dated 
March 6, 2009, has been done: Within 1,900 flight hours after June 
9, 2011 (the effective date of AD 2011-10-01), or after modification 
M0305 or Dassault Service Bulletin 7X-018, dated March 6, 2009, has 
been done, whichever occurs later, do a functional test of the RAT 
heater. Repeat the functional test of the RAT heater thereafter at 
intervals not to exceed 1,900 flight hours.

    Note 1 to paragraph (g) of this AD: Additional guidance for 
doing the functional test of the RAT heater required by paragraph 
(g) of this AD can be found in Task 24-50-25-720-801, Functional 
Test of the RAT Heater, dated January 16, 2009, of the Dassault 
FALCON 7X Aircraft Maintenance Manual (AMM).

(h) New Requirement of This AD: Revise the Maintenance or Inspection 
Program

    Within 30 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, by incorporating 
the information specified in Chapter 5-40-00, Airworthiness 
Limitations, DGT 107838, Revision 4, dated February 2, 2015, of the 
Dassault Falcon 7X Maintenance Manual (MM). The initial compliance 
times for the tasks specified in Chapter 5-40-00, Airworthiness 
Limitations, DGT 107838, Revision 4, dated February 2, 2015, of the 
Dassault Falcon 7X MM are at the applicable compliance times 
specified in Chapter 5-40-00, Airworthiness Limitations, DGT 107838, 
Revision 4, dated February 2, 2015, of the Dassault Falcon 7X MM, or 
within 30 days after the effective date of this AD, whichever occurs 
later.

(i) Terminating Actions for Certain Requirements of This AD and AD 
2014-16-23

    (1) Accomplishment of the revision required by paragraph (h) of 
this AD terminates the requirements of paragraph (g) of this AD.
    (2) Accomplishment of the revision required by paragraph (h) of 
this AD terminates the requirements of paragraph (q) of AD 2014-16-
23.

(j) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

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

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:

[[Page 52755]]

    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Tom 
Rodriguez, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#ae9783efe0e3839f9f9883efe3e1ed83fcebfffbebfdfafdeec8cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="d0e9fd919e9dfde1e1e6fd919d9f93fd829581859583848390b6b1b1feb7bfa6">[email&#160;protected]</span></a>.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or 
Dassault Aviation's EASA DOA. If approved by the DOA, the approval 
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2015-0095, dated May 29, 2015, for related 
information. This MCAI may be found in the AD docket on the Internet 
at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket 
No. FAA-2016-5464.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) 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) Chapter 5-40-00, Airworthiness Limitations, DGT 107838, 
Revision 4, dated February 2, 2015, of the Dassault Aviation Falcon 
7X 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: 
<a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on July 27, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-18488 Filed 8-9-16; 8:45 am]
BILLING CODE 4910-13-P