Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Rules and Regulations]
[Pages 87417-87419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28600]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5466; Directorate Identifier 2015-NM-183-AD; 
Amendment 39-18724; AD 2016-24-07]
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 
investigation results that determined that a certain thickness of the 
fuel tank panels is insufficient to meet the certification 
requirements. This AD requires inspecting the thickness of the fuel 
tank panels, and repair if necessary. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective January 9, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 9, 
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 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 http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-5466.

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-2016-
5466; 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 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 by adding an AD that would apply to certain Dassault Aviation 
Model FALCON 7X airplanes. The NPRM published in the Federal Register 
on April 13, 2016 (81 FR 21770) (``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 2015-0216, dated October 28, 2015 (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:

    Several rear fuselage tanks of the Falcon 7X were assembled on 
the production line with a lateral panel, which had been excessively 
chemically-milled in some areas. Investigation results determined 
that the remaining thickness is insufficient to meet the 
certification requirements. Dassault Aviation identified the 
individual aeroplanes that are potentially affected by this 
production deficiency. Due to this reduced thickness, the risk of 
damaging and puncturing a fuel tank wall panel as a result of a high 
energy lightning strike is increased.
    This condition, if not detected and corrected, could lead to 
loss of electrical power and/or other essential functions, possibly 
resulting in reduced control of the aeroplane or ignition of a fuel 
tank.
    To address this potential unsafe condition, Dassault Aviation 
published Service Bulletin (SB) 7X-245 to provide inspection and 
repair instructions.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the fuel tank wall panels and, depending on 
findings, accomplishment of a repair.

    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-2016-
5466.

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.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Dassault Service Bulletin 7X-245, dated June 8, 2015. 
The service information describes procedures for measuring fuel tank 
panel thickness, and repair if necessary.

[[Page 87418]]

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 6 airplanes of U.S. registry. We 
also estimate that it will take about 8 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $0 per product. 
Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $4,080, or $680 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 20 work-hours and require parts costing $2,244, for a cost 
of $3,944 per product. We have no way of determining the number of 
aircraft that might need this action.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 adding the following new airworthiness 
directive (AD):

2016-24-07 Dassault Aviation: Amendment 39-18724; Docket No. FAA-
2016-5466; Directorate Identifier 2015-NM-183-AD.

(a) Effective Date

    This AD is effective January 9, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, 
certificated in any category, serial numbers (S/Ns) 17 through 21 
inclusive, S/Ns 86 through 90 inclusive, S/Ns 115 through 119 
inclusive, S/Ns 129 through 138 inclusive, and S/N 155.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by investigation results that determined 
that a certain thickness of the fuel tank panels is insufficient to 
meet the certification requirements. We are issuing this AD to 
detect and correct improper thickness of the fuel tank panels. 
Improper thickness increases the risk of damaging and puncturing a 
fuel tank wall panel as a result of a high energy lightning strike, 
which could lead to loss of electrical power and/or other essential 
functions, possibly resulting in reduced control of the airplane or 
ignition of a fuel tank.

(f) Compliance

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

(g) Inspection and Repair

    Within 99 months or 4,100 flight cycles, whichever occurs first 
since the date of first delivery of the airplane, inspect for 
improper thickness of the fuel tank panels, in accordance with the 
Accomplishment Instructions of Dassault Service Bulletin 7X-245, 
dated June 8, 2015. If improper thickness is found during this 
inspection, before further flight, repair the fuel tank panels, in 
accordance with the Accomplishment Instructions of Dassault Service 
Bulletin 7X-245, dated June 8, 2015.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (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: [email protected]. 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, ANM-116, Transport Airplane Directorate, 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.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2015-0216, dated October 28, 2015, 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-2016-5466.

(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.

[[Page 87419]]

    (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-245, dated June 8, 2015.
    (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 
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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 17, 2016.
Phil Forde,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-28600 Filed 12-2-16; 8:45 am]
BILLING CODE 4910-13-P

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