AD 2019-03-20

[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Rules and Regulations]
[Pages 6059-6062]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-03122]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0643; Product Identifier 2018-NM-084-AD; Amendment 
39-19572; AD 2019-03-20]
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 adopting a new airworthiness directive (AD) for certain 
Dassault Aviation Model FALCON 7X 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 and more restrictive maintenance requirements and 
airworthiness limitations for airplane structures and systems. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective April 2, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 2, 
2019.

[[Page 6060]]


ADDRESSES: For service information identified in this final rule, 
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 
2000, South Hackensack, NJ 07606; phone: 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-
0643.

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-
0643; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this 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; phone 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 FALCON 7X airplanes. The NPRM published in the Federal Register 
on August 10, 2018 (83 FR 39630). The NPRM was prompted by a 
determination that new and more restrictive maintenance requirements 
and airworthiness limitations are necessary. The NPRM proposed to 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new and more restrictive maintenance 
requirements and airworthiness limitations for airplane structures and 
systems.
    We issued a supplemental NPRM (SNPRM) to amend 14 CFR part 39 by 
adding an AD that would apply to certain Dassault Aviation Model FALCON 
7X airplanes. The SNPRM published in the Federal Register on November 
15, 2018 (83 FR 57364). We issued the SNPRM to require the 
incorporation of revised and more restrictive airworthiness limitations 
than those proposed in the NRPM.
    We are issuing this AD to address reduced structural integrity and 
reduced control of 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 AD 
2018-0101, dated May 3, 2018 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Dassault Aviation Model FALCON 7X 
airplanes. The MCAI states:

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

    You may examine the MCAI in the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0643.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We received no comments on the SNPRM 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:
    <bullet> Are consistent with the intent that was proposed in the 
SNPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40-00, Airworthiness 
Limitations, DGT 107838, Revision 7, dated August 24, 2018, of the 
Dassault Falcon 7X Maintenance Manual (MM). This service information 
introduces new and more restrictive maintenance requirements and 
airworthiness limitations for airplane structures and systems. This 
service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 67 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

[[Page 6061]]

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):

2019-03-20 Dassault Aviation: Amendment 39-19572; Docket No. FAA-
2018-0643; Product Identifier 2018-NM-084-AD.

(a) Effective Date

    This AD is effective April 2, 2019.

(b) Affected ADs

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

(c) Applicability

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

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

(d) Subject

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

(e) Reason

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

(f) Compliance

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

(g) Revise the Existing Maintenance or Inspection Program

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

(h) Terminating Action for Other ADs

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

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

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

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (k)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#aa9387ebe4e7879b9b9c87ebe7e5e987f8effbffeff9fef9eacccbcb84cdc5dc"><span class="__cf_email__" data-cfemail="675e4a26292a4a5656514a262a28244a35223632223433342701060649000811">[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 the European Aviation 
Safety Agency (EASA); or Dassault Aviation's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0101, dated May 3, 2018, for related 
information. This MCAI may be found in the AD docket on the internet 
at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket 
No. FAA-2018-0643.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and 
fax: 206-231-3226.

(l) 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 7, dated August 24, 2018, of the Dassault Falcon 7X 
Maintenance Manual (MM).
    (ii) [Reserved]

[[Page 6062]]

    (3) For service information identified in this AD, contact 
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, 
South Hackensack, NJ 07606; phone: 201-440-6700; internet: <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 14, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-03122 Filed 2-25-19; 8:45 am]
 BILLING CODE 4910-13-P