[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Rules and Regulations]
[Pages 43163-43165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19449]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0524; Product Identifier 2016-NM-122-AD; Amendment 
39-19034; AD 2017-19-04]
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 900EX airplanes. This AD was prompted by 
a determination that new or more restrictive maintenance requirements 
and/or airworthiness limitations are necessary. This AD requires 
revising the maintenance or inspection program, as applicable, to 
incorporate new or more restrictive maintenance requirements and/or 
airworthiness limitations. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective October 19, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 19, 
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

[[Page 43164]]

by searching for and locating Docket No. FAA-2017-0524.

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-
0524; 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 900EX airplanes. The NPRM published in the Federal 
Register on June 6, 2017 (82 FR 25986) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2016-0128, dated June 23, 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 900EX airplanes. The MCAI states:

    The airworthiness limitations and maintenance requirements for 
the DA [Dassault Aviation] Falcon 900EX type design are included in 
Aircraft Maintenance Manual (AMM) chapter 5-40 and are approved by 
the European Aviation Safety Agency (EASA). These instructions have 
been identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Consequently, EASA issued AD 2013-0051 [which corresponds to AD 
2014-16-26, Amendment 39-17950 (79 FR 51077, August 27, 2014) 
(``2014-16-26'')] to require accomplishment of the maintenance 
tasks, and implementation of the airworthiness limitations, as 
specified in DA Falcon 900EX AMM chapter 5-40 (DGT 113874) at 
revision 12.
    Since that [EASA] AD was issued, DA issued revision 14 of Falcon 
900EX AMM chapter 5-40 (DGT 113874) (hereafter referred to as ``the 
ALS'' in this AD), which contains new or more restrictive 
maintenance requirements and/or airworthiness limitations. The ALS 
introduces, among others, the following new tasks:

--Task 53-50-00-220-803 ``Detailed inspection of the baggage 
compartment'';
--Task 53-50-00-220-807 ``Detailed inspection of the upper part of 
frame 30.''

    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2013-0051, 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0524.

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 Chapter 5-40, Airworthiness 
Limitations, Revision 14, dated November 2015, of the FALCON 900EX 
Maintenance Manual. The service information describes procedures, 
maintenance tasks, and airworthiness limitations specified in the 
Airworthiness Limitations section of the AMM. 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 70 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
----------------------------------------------------------------------------------------------------------------
Maintenance or inspection program       1 work-hour x $85 per                 $0             $85          $5,950
 revision.                               hour = $85.
----------------------------------------------------------------------------------------------------------------

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

[[Page 43165]]

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):

2017-19-04 Dassault Aviation: Amendment 39-19034; Docket No. FAA-
2017-0524; Product Identifier 2016-NM-122-AD.

(a) Effective Date

    This AD is effective October 19, 2017.

(b) Affected ADs

    This AD affects AD 2014-16-26, Amendment 39-17950 (79 FR 51077, 
August 27, 2014) (``AD 2014-16-26'').

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 900EX 
airplanes, certificated in any category, serial numbers 1 through 96 
inclusive, and serial numbers 98 through 119 inclusive, 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 or more 
restrictive maintenance requirements and/or airworthiness 
limitations are necessary. We are issuing this AD to prevent reduced 
structural integrity of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Chapter 5-40, Airworthiness Limitations, 
Revision 14, dated November 2015, of the FALCON 900EX Maintenance 
Manual. The initial compliance time for accomplishing the actions 
specified in Chapter 5-40, Airworthiness Limitations, Revision 14, 
dated November 2015, of the FALCON 900EX Maintenance Manual, is 
within the applicable times specified in the maintenance manual, or 
90 days after the effective date of this AD, whichever occurs later, 
except as provided by paragraphs (g)(1) through (g)(4) of this AD.
    (1) The term ``LDG'' in the ``First Inspection'' column of any 
table in the service information means total airplane landings.
    (2) The term ``FH'' in the ``First Inspection'' column of any 
table in the service information means total flight hours.
    (3) The term ``FC'' in the ``First Inspection'' column of any 
table in the service information means total flight cycles.
    (4) The term ``M'' in the ``First Inspection'' column of any 
table in the service information means months.

(h) No Alternative Actions and 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 or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j)(1) of this AD.

(i) Terminating Action

    Accomplishing the actions required by paragraph (g) of this AD 
terminates all the requirements of AD 2014-16-26.

(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#3f06127e7172120e0e09127e72707c126d7a6e6a7a6c6b6c7f595e5e11585049"><span class="__cf_email__" data-cfemail="bb8296faf5f6968a8a8d96faf6f4f896e9feeaeefee8efe8fbdddada95dcd4cd">[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 
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 2016-0128, dated June 23, 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-2017-0524.
    (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.

(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, Airworthiness Limitations, Revision 14, dated 
November 2015, of the FALCON 900EX 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, 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 31, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-19449 Filed 9-13-17; 8:45 am]
 BILLING CODE 4910-13-P


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