AD 2019-03-14

[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7269-7271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-03411]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0963; Product Identifier 2018-NM-135-AD; Amendment 
39-19566; AD 2019-03-14]
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 certain 
Dassault Aviation Model FAN JET FALCON and FAN JET FALCON SERIES C, D, 
E, F, and G airplanes. This AD was prompted by a determination that new 
and more restrictive airworthiness limitations and maintenance 
requirements are necessary. This AD requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations and maintenance 
requirements. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective April 8, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 8, 
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 
<a href="http://www.dassaultfalcon.com">http://www.dassaultfalcon.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0963.

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-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 final rule, the regulatory evaluation, any

[[Page 7270]]

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 certain Dassault Aviation 
Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G 
airplanes. The NPRM published in the Federal Register on November 23, 
2018 (83 FR 59326). The NPRM was prompted by a determination that new 
and more restrictive airworthiness limitations and maintenance 
requirements are necessary. The NPRM proposed to require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations and 
maintenance requirements. 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 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 on 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 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0963.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We have considered the comment received; the 
commenter, Bienvenu Badinenganyi, stated no objection to the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, 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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing 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 has issued Chapter 5-40-01, 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.

Costs of Compliance

    We estimate that this AD affects 61 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, 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

[[Page 7271]]

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):

2019-03-14 Dassault Aviation: Amendment 39-19566; Docket No. FAA-
2018-0963; Product Identifier 2018-NM-135-AD.

(a) Effective Date

    This AD is effective April 8, 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 and 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-
01, 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 5-40-01, 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 5-40-01, 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: <a href="/cdn-cgi/l/email-protection#dee7f39f9093f3efefe8f39f93919df38c9b8f8b9b8d8a8d9eb8bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="ad9480ece3e0809c9c9b80ece0e2ee80ffe8fcf8e8fef9feedcbcccc83cac2db">[email&#160;protected]</span></a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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.

(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) Chapter 5-40-01, Airworthiness Limitations, DMD 44729, 
Revision 9, dated November 29, 2017, of the Dassault Aviation Falcon 
20 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 
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: <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 Des Moines, Washington, on February 21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-03411 Filed 3-1-19; 8:45 am]
 BILLING CODE 4910-13-P