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2014-16-27 DASSAULT AVIATION: Amendment 39-17951. Docket No. FAA-2014-0176; Directorate Identifier 2013-NM-066-AD.
(a) EFFECTIVE DATE

    This AD becomes effective October 1, 2014.

(b) AFFECTED ADS

    This  AD  affects  AD 2002-23-20,  Amendment  39-12964  (67 FR  71098,
    November 29, 2002);  and  AD  2010-26-05,  Amendment  39-16544  (75 FR
    79952, December 21, 2010).

(c) APPLICABILITY

    This AD  applies to  Dassault Aviation  Model FALCON  900EX airplanes,
    certificated in any category, serial  number (S/N) 97 and S/N  120 and
    higher (Falcon 900EX Easy, Falcon 900LX and Falcon 900DX variants).

(d) SUBJECT

    Air  Transport  Association (ATA)  of  America Code  05,  Time Limits/
    Maintenance Checks.

(e) REASON

    This  AD was  prompted by  a  revision  to the  airplane airworthiness
    limitations  to introduce  the corrosion  prevention control  program,
    among other changes, to the maintenance requirements and airworthiness
    limitations.  We are  issuing this  AD to  prevent reduced  structural
    integrity of the airplane, and prevent reduced controllability 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  30  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,  DGT
    113875, Revision 7, dated September  2012, of the Falcon 900  EX EASy,
    Falcon  900LX,  and  Falcon 900  DX  Maintenance  Manual. The  initial
    compliance time for accomplishing  the actions specified in  Chapter 5
    -40,  Airworthiness  Limitations,   DGT  113875,  Revision   7,  dated
    September 2012, of  the Falcon 900  EX EASy, Falcon  900LX, and Falcon
    900 DX Maintenance Manual, is within the applicable times specified in
    the maintenance manual or 30 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) TERMINATING ACTION

    Accomplishing paragraph (g) of this AD terminates the requirements  of
    paragraph  (a)  of AD  2002-23-20,  Amendment 39-12964  (67  FR 71098,
    November 29, 2002); and  paragraph (g)(1) of AD  2010-26-05, Amendment
    39-16544 (75 FR 79952, December 21, 2010); for DASSAULT AVIATION Model
    FALCON 900EX airplanes, S/N 97 and S/N 120 and higher.

(i) 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.

(j) 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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. The AMOC  approval letter
    must specifically reference this AD.

(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.

(k) RELATED INFORMATION

    Refer  to  Mandatory Continuing Airworthiness Information (MCAI)  EASA
    Airworthiness Directive  2013-0053,  dated  March 4, 2013, for related
    information. This MCAI may be found  in the AD docket on the  Internet
    at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0176-0002.

(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, DGT 113875, Revision 7, dated
    September 2012, of the Falcon 900 EX EASy, Falcon 900LX and Falcon 900
    DX Maintenance Manual.

(ii) Reserved.

(3) For service information identified in this AD, contact Dassault Falcon
    Jet, PO 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  August 7, 2014. Victor Wicklund,  Acting
Manager, Transport Airplane Directorate, Aircraft Certification Service.

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.
PREAMBLE 

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 of the need for a revision to the airplane
airworthiness limitations 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 of the airplane, and prevent
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-2014-0176; 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 March 31, 2014 (79 FR 17942).
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0052, dated March 4, 2013 (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 Falcon 900EX type design relating to Falcon 900EX Easy, Falcon
900LX and Falcon 900DX variants, are included in 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/
AD2008-02211] to require accomplishment of the
maintenance tasks and implementation of the airworthiness
limitations, as specified in Dassault Aviation Falcon 900EX Easy/
900LX/900DX AMM chapter 5-40 referenced DGT 113875 at revision 3.
Since that [EASA] AD was issued, Dassault Aviation issued
revision 7 of Falcon 900EX Easy/900LX/900DX 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),
--Revised overhaul limits 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, with 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, but AMM chapter 5-40 DGT 113875 at revision 7 introduces
an extended inspection interval;
--Check of overpressure relief valve vacuum supply lines. The
maintenance tasks and airworthiness limitations, as specified in the
Falcon 900EX Easy/900LX/900DX AMM chapter 5-40, have been identified
as mandatory actions for continued airworthiness of the Falcon EX
Easy, Falcon 900LX and Falcon 900DX variants of the F900EX type
design. Failure to comply with AMM chapter 5-40 at revision 7 may
result in an unsafe condition.

For the reasons described above, this [EASA] AD requires the
implementation of the maintenance tasks and airworthiness
limitations, as specified in the Dassault Aviation Falcon 900EX
Easy/900LX/900DX AMM chapter 5-40 DGT 113875 at revision 7.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0176-0002.

Comments

We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 17942, March 31,
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.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In the NPRM (79 FR 17942, March 31, 2014), we proposed to prevent
the use of repairs that were not specifically developed to correct the
unsafe condition, by requiring that the repair approval provided by the
State of Design Authority or its delegated agent specifically refer to
this FAA AD. This change was intended to clarify the method of
compliance and to provide operators with better visibility of repairs
that are specifically developed and approved to correct the unsafe
condition. In addition, we proposed to change the phrase ``its
delegated agent'' to include a design approval holder (DAH) with State
of Design Authority design organization approval (DOA), as applicable,
to refer to a DAH authorized to approve required repairs for the
proposed AD.
No comments were provided to the NPRM (79 FR 17942, March 31, 2014)
about these proposed changes. However, a comment was provided for an
NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the following: ``The proposed
wording, being specific to repairs, eliminates the interpretation that
Airbus messages are acceptable for approving minor deviations
(corrective actions) needed during accomplishment of an AD mandated
Airbus service bulletin.''
This comment has made the FAA 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 the 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.
Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases
the foreign manufacturer's service bulletin and the foreign authority's
MCAI might have been issued some time before the FAA AD. Therefore, the
DOA might have provided U.S. operators with an approved repair,
developed with full awareness of the unsafe condition, before the FAA
AD is issued. Under these circumstances, to comply with the FAA AD, the
operator would be required to go back to the manufacturer's DOA and
obtain a new approval document, adding time and expense to the
compliance process with no safety benefit.
Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``DAH with State of Design Authority design
organization approval,'' but instead we have provided the specific
delegation approval granted by the State of Design Authority for the
DAH throughout this AD.

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 17942, March 31, 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 17942, March 31, 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 78 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:

Estimated Costs

Action Labor cost Parts cost Cost per product Cost on U.S. operators
Maintenance program revision 1 work-hour X $85 per hour = $85. N/A $85 $6,630

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-2014-0176; 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):