DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9303; Directorate Identifier 2016-NM-093-AD;
Amendment 39-18875; AD 2017-10-01]
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
ACTION: Final rule.
SUMMARY: We are adopting a new airworthiness directive (AD) for
Dassault Aviation Model FAN JET FALCON airplanes; all Model FAN JET
FALCON SERIES C, D, E, F, and G airplanes; and all Model MYSTERE-FALCON
20-C5, 20-D5, 20-E5, and 20-F5 airplanes. This AD was prompted by a
determination that inspections for discrepancies of the fuselage
bulkhead are necessary. This AD requires repetitive inspections for
discrepancies of the fuselage bulkhead, and repair if
necessary. We are issuing this AD to address the unsafe condition on
DATES: This AD is effective June 13, 2017.
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-
9303; 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;
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
FAN JET FALCON airplanes; all Model FAN JET FALCON SERIES C, D, E, F,
and G airplanes; and all Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and
20-F5 airplanes. The NPRM published in the Federal Register on November
1, 2016 (81 FR 75757) (``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 2016-0096, dated May 19, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Dassault Aviation
Model FAN JET FALCON airplanes; all Model FAN JET FALCON SERIES C, D,
E, F, and G airplanes; and all Model MYSTERE-FALCON 20-C5, 20-D5, 20-
E5, and 20-F5 airplanes. The MCAI states:
A detailed inspection (DET) of the fuselage bulkhead at frame
(FR) 33 is established through a subset of inspection/check
maintenance procedure referenced in the applicable aircraft
maintenance manual (AMM), task 53-10-0-6 ``MAIN FRAME--INSPECTION/
CHECK'', with periodicity established in Chapter 5-10, at every C-
Check. Failure to accomplish this DET could lead to deterioration of
the affected structure.
This condition, if not detected and corrected, could lead to
bulkhead failure, possibly resulting in a rapid depressurization of
the aeroplane and consequent injury to occupants.
For the reasons described above, this [EASA] AD requires
repetitive DET of the bulkhead at FR33 [for discrepancies, such as
buckling, deformations, cracks, loose countersinks, scratches,
dents, and corrosion], and depending on findings, repair of the
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-
We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM and
the FAA's response to the single commenter.
Request To Reduce Compliance Time
The commenter, Mark Reiner, asked that the compliance time for the
repetitive inspections required by paragraph (g) of the proposed AD be
reduced from 5,000 to 2,500 flight cycles. The commenter reasoned that
since so many airplanes are flying around the world and accumulating
numerous flight cycles, the chances of problems occurring on an
airplane are greatly increased.
We do not agree with the commenter's request. In developing an
appropriate compliance time for this action, we considered not only the
degree of urgency associated with addressing the subject unsafe
condition, but the manufacturer's recommendation for an appropriate
compliance time, and the practical aspect of accomplishing the
inspections within an interval of time that corresponds to the typical
scheduled maintenance for the majority of affected operators. Further,
we determined that the compliance time recommended by the manufacturer
and EASA, and the time required for the rulemaking process provide an
acceptable level of safety. Therefore, we have not changed this AD in
We reviewed the relevant data, considered the comment received, 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:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Costs of Compliance
We estimate that this AD affects 133 airplanes of U.S. registry.
We also estimate that it takes about 8 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD on U.S. operators to be $90,440, or $680 per product.
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.
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
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
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
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
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