AGENCY: Federal Aviation Administration
(FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new airworthiness directive (AD) for
certain
Dassault Aviation Model FALCON 900EX airplanes. This AD was prompted by
our determination to introduce a corrosion prevention control program,
among other changes, to the maintenance requirements and airworthiness
limitations. This AD requires revising the maintenance or inspection
program, as applicable, to include the maintenance tasks and
airworthiness limitations specified in the Airworthiness Limitations
section of the airplane maintenance manual. We are issuing this AD to
prevent reduced structural integrity and reduced controllability of the
airplane.
DATES: This AD becomes effective October 1, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 1,
2014.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0258
or in person at
the 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.
For service information identified in this AD, contact Dassault
Falcon Jet, 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.
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 900EX airplanes. The NPRM published in the Federal
Register on May 2, 2014 (79 FR 25033). The NPRM was prompted by our
determination to introduce a corrosion prevention control program,
among other changes, to the maintenance requirements and airworthiness
limitations. The NPRM proposed to require revising the maintenance or
inspection program, as applicable, to include the maintenance tasks and
airworthiness limitations specified in the Airworthiness Limitations
section of the airplane maintenance manual. We are issuing this AD to
prevent reduced structural integrity and reduced controllability of the
airplane.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0051, dated March 4, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for Dassault Aviation
Model FALCON 900EX airplanes. The MCAI states:
The airworthiness limitations and maintenance requirements for
the Falcon 900EX type design are included in Dassault Aviation
Aircraft Maintenance Manual (AMM) chapter 5-40 and are approved by
the European Aviation Safety Agency (EASA).
EASA issued AD 2008-0221 [http://ad.easa.europa.eu/blob/
easaad20080221Corrected.pdf/
AD200802211] to require accomplishment of
the maintenance tasks, and implementation of the airworthiness limitations,
as specified in Dassault Aviation F900EX AMM chapter 5-40 referenced
DGT 113874 at revision 8.
Since that [EASA] AD was issued, Dassault Aviation issued
revision 12 of F900EX AMM chapter 5-40 which contains new or more
restrictive maintenance requirements and/or airworthiness
limitations and introduces, among others, the following changes:
--Tasks renumbering,
--Introduction of a Corrosion Prevention Control Program (CPCP),
--Upgrade of screwjack of flap actuators from the older to the
latest -3 version;
--Revised Time Between Overhaul for screwjack of flap actuators -3
version;
--Revised interval for checking the screw/nut play on screwjack of
flap actuators -3 version;
--Removal of service life limit for screwjack of flap actuators;
--Test of flap asymmetry protection system. Compliance with this
test is required by [a certain French AD ***, which corresponds to
FAA AD 2002-23-20, Amendment 39-12964 (67 FR 71098, November 29,
2002)], but F900EX AMM chapter 5-40 at revision 12 introduces an
extended inspection interval;
--Inspection procedures of fuselage and wings;
--Check of overpressure tightness on pressurization control
regulating valves. Compliance with this check is required by EASA AD
2008-0072 [http://ad.easa.europa.eu/blob/
easaad20080072.pdf/AD2008-
00721, which corresponds to FAA AD 2010-26-05, Amendment
39-16544 (75 FR 79952, December 21, 2010)], but F900EX AMM chapter
5-40 at revision 12 introduces an extended inspection interval;
--Check of overpressure relief valve vacuum supply lines.
The maintenance tasks and airworthiness limitations, as
specified in the F900EX AMM chapter 5-40, have been identified as
mandatory actions for continued airworthiness of the F900EX type
design. Failure to comply with AMM chapter 5-40 at revision 12 may
result in an unsafe condition [e.g., reduced structural integrity
and reduced controllability of the airplane].
For the reasons described above, this [EASA] AD requires the
implementation of the maintenance tasks and airworthiness
limitations, as specified in the Dassault Aviation F900EX AMM
chapter 5-40 DGT 113874 at revision 12.
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0258-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 25033, May 2, 2014)
or on the determination of the cost to the public.
"Contacting the Manufacturer" Paragraph in This AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
We have become aware that some operators have misunderstood or
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of
deviations during the accomplishment of an AD-mandated action. The
Airworthy Product paragraph does not approve messages or other
information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, the European Aviation Safety Agency (EASA), or Dassault
Aviation's EASA Design Organization Approval (DOA).
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 25033, May 2, 2014) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 25033, May 2, 2014).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 72 airplanes of U.S. registry.
We also estimate that it will take about 1 work-hour 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 $6,120, or $85 per product.
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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0258;
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 Operations office (telephone 800-647-
5527) is in the ADDRESSES section.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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