[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41329-41331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18390]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0502; Product Identifier 2016-NM-120-AD; Amendment 
39-19016; AD 2017-18-07]
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 
discovery of noncompliant rivets in the flight deck upper skin. This AD 
requires replacement of noncompliant rivets. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective October 5, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 5, 
2017.

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 referenced service 
information at the FAA, Transport Standards Branch, 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 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2017-0502.

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-2017-
0502; 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 street 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 Section, Transport Standards Branch, 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 by adding an AD that would apply to certain Dassault Aviation 
Model FALCON 7X airplanes. The NPRM published in the Federal Register 
on May 31, 2017 (82 FR 24910) (``the NPRM''). The NPRM was prompted by 
a discovery of noncompliant rivets in the flight deck upper skin. The 
NPRM proposed to require replacement of noncompliant rivets. We are 
issuing this AD to prevent interference between the rivet shank and the 
flight deck mounted overhead panel when the flight deck upper skin 
deforms due to impact (e.g., bird strike). This condition, if not 
corrected, could affect the functioning of essential flight control 
systems, and result in reduced control 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 2016-0124, dated June 22, 2016 (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:

    During an internal review of the manufacturing files, it was 
found that 20 rivets installed on the cockpit [(flight deck)] upper 
skin are not compliant with the original type design. Those 20 MGPL 
type rivets have a shank longer than necessary and, in case of a 
bird strike under maximum energy impact, the cockpit upper skin 
deformation would lead to interference between the rivet shank and 
the cockpit mounted overhead panel.
    This condition, if not corrected, could affect the functioning 
of essential flight control systems, possibly resulting in reduced 
control of the aeroplane.
    To address this potential unsafe condition, Dassault Aviation 
published Service Bulletin (SB) F7X-176, providing instructions for 
replacement of the [noncompliant] rivets.
    For the reasons described above, this [EASA] AD requires removal 
of affected rivets and replacement with serviceable [solid-type] 
rivets compliant with original type design.

    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-2017-
0502.

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 has issued Service Bulletin 7X-176, dated 
February 3, 2016. This service information describes procedures for 
modifying the airplane by replacing certain blind rivets installed on 
the flight deck skin panel with solid-type rivets. This service 
information is reasonably available because the interested parties have 
access to it through their normal course

[[Page 41330]]

of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 25 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification..........................  81 work-hours x $85 per              $48          $6,933        $173,325
                                         hour = $6,885.
----------------------------------------------------------------------------------------------------------------

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 to 
the Director of the System Oversight Division.

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 adding the following new airworthiness 
directive (AD):

2017-18-07 Dassault Aviation: Amendment 39-19016; Docket No. FAA-
2017-0502; Product Identifier 2016-NM-120-AD.

(a) Effective Date

    This AD is effective October 5, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, 
certificated in any category, manufacturer serial numbers 15 through 
89 inclusive, 92 through 94 inclusive, 97 through 101 inclusive, 
105, and 106.

(d) Subject

    Air Transport Association (ATA) of America Code 51, Standard 
practices/structures.

(e) Reason

    This AD was prompted by a discovery of noncompliant rivets in 
the flight deck upper skin. We are issuing this AD to prevent 
interference between the rivet shank and the flight deck mounted 
overhead panel when the flight deck upper skin deforms due to impact 
(e.g., bird strike), which could affect the functioning of essential 
flight control systems and result in reduced control of the 
airplane.

(f) Compliance

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

(g) Modification

    Before exceeding 99 months or 4,100 flight cycles, whichever 
occurs first, since the date of issuance of the original certificate 
of airworthiness or the date of issuance of the original export 
certificate of airworthiness, modify the airplane by replacing 
certain MGPL-type rivets installed on the flight deck skin panel 
with solid type-rivets, in accordance with the Accomplishment 
Instructions of Dassault Service Bulletin 7X-176, dated February 3, 
2016.

(h) 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 (i)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#7c45513d3231514d4d4a513d31333f512e392d29392f282f3c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="f7cedab6b9badac6c6c1dab6bab8b4daa5b2a6a2b2a4a3a4b7919696d9909881">[email 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 
Branch, Transport Standards Branch, FAA; or EASA; or Dassault 
Aviation's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0124, dated June 22, 2016, 
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-2017-0502.

[[Page 41331]]

    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 
425-227-1137; fax 425-227-1149.

(j) 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) Dassault Service Bulletin 7X-176, dated February 3, 2016.
    (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, 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 21, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-18390 Filed 8-30-17; 8:45 am]
 BILLING CODE 4910-13-P


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