Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47813-47815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19936]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0359; Product Identifier 2018-NM-040-AD; Amendment 
39-19405; AD 2018-19-05]
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 all 
Dassault Aviation Model MYSTERE-FALCON 900 airplanes. This AD was 
prompted by a determination that more restrictive maintenance 
requirements and airworthiness limitations are necessary. This AD 
requires revising the maintenance or inspection program, as applicable, 
to incorporate new and more restrictive maintenance requirements and 
airworthiness limitations. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective October 26, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 26, 
2018.

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 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0359.

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-2018-
0359; 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; 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 all Dassault Aviation Model 
MYSTERE-FALCON 900 airplanes. The NPRM published in the Federal 
Register on April 30, 2018 (83 FR 18753). The NPRM was prompted by a 
determination that more restrictive maintenance requirements and 
airworthiness limitations are necessary. The NPRM proposed to require 
revising the maintenance or inspection program, as applicable, to 
incorporate new and more restrictive maintenance requirements and 
airworthiness limitations. We are issuing this AD to prevent 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 
2018-0027, dated January 30, 2018 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Dassault Aviation Model MYSTERE-
FALCON 900 airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance 
instructions for the Dassault Myst[egrave]re-Falcon 900 aeroplanes, 
which are approved by EASA, are currently defined and published in 
the Dassault Myst[egrave]re-Falcon 900 [Airplane Maintenance Manual] 
AMM 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 of the 
airplane].
    Consequently, EASA issued AD 2016-0127 [which corresponds to FAA 
AD 2017-19-03 Amendment 39-19033 (82 FR 43166, September 14, 2017) 
(``AD 2017-19-03'')] to require accomplishment of the maintenance 
tasks, and implementation of the airworthiness limitations, as 
specified in Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40 
Revision 22.
    Since that [EASA] AD was issued, Dassault issued Revision 23 of 
the Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40, 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 2016-0127, which is superseded, and requires 
accomplishment of the actions specified in Revision 23 of the 
Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40 * * *.

    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-2018-
0359.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. 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 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 Aviation has issued Chapter 5-40, Airworthiness 
Limitations, Revision 23, dated September 2017, of the Dassault 
Aviation Falcon 900 Maintenance Manual. This service information 
describes procedures, maintenance tasks, and airworthiness limitations 
specified in the Airworthiness Limitations Section (ALS) 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 65 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to

[[Page 47814]]

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 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):


2018-19-05 Dassault Aviation: Amendment 39-19405; Docket No. FAA-
2018-0359; Product Identifier 2018-NM-040-AD.

(a) Effective Date

    This AD is effective October 26, 2018.

(b) Affected ADs

    This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952, 
December 21, 2010) (``AD 2010-26-05''); AD 2016-01-16, Amendment 39-
18376 (81 FR 3320, January 21, 2016) (``AD 2016-01-16''); and AD 
2017-19-03, Amendment 39-19033 (82 FR 43166, September 14, 2017) 
(``AD 2017-19-03'').

(c) Applicability

    This AD applies to Dassault Aviation Model MYSTERE-FALCON 900 
airplanes, all serial numbers, 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 more restrictive 
maintenance requirements and 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 23, dated September 2017, of the Dassault Aviation Falcon 
900 Maintenance Manual. The initial compliance times for doing the 
tasks are at the time specified in Chapter 5-40, Airworthiness 
Limitations, Revision 23, dated September 2017, of the Dassault 
Aviation Falcon 900 Maintenance Manual, or within 90 days after the 
effective date of this AD, whichever occurs later. The term ``LDG'' 
in the ``First Inspection'' column of any table in the service 
information specified in this paragraph means total airplane 
landings. The term ``FH'' in the ``First Inspection'' column of any 
table in the service information specified in this paragraph means 
total flight hours. The term ``FC'' in the ``First Inspection'' 
column of any table in the service information specified in this 
paragraph means total flight cycles. The term ``M'' in the ``First 
Inspection'' column of any table in the service information 
specified in this paragraph means months.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
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 Actions for Certain Other ADs

    (1) Accomplishing the actions required by paragraph (g) of this 
AD terminates all requirements of AD 2016-01-16 and AD 2017-19-03.
    (2) Accomplishing the actions required by paragraph (g) of this 
AD terminates the requirements of paragraph (g)(1) of AD 2010-26-05, 
for Dassault Aviation Model MYSTERE-FALCON 900 airplanes.

(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: [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

[[Page 47815]]

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 2018-0027, dated January 30, 2018, 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-2018-0359.
    (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.

(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 23, dated 
September 2017, of the Dassault Aviation Falcon 900 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. 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.
    (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 30, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-19936 Filed 9-20-18; 8:45 am]
 BILLING CODE 4910-13-P

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