DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0524; Product Identifier 2016-NM-122-AD; Amendment
39-19034; AD 2017-19-04]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
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
a determination that new or more restrictive maintenance requirements
and/or airworthiness limitations are necessary. This AD requires
revising the maintenance or inspection program, as applicable, to
incorporate new or more restrictive maintenance requirements and/or
airworthiness limitations. We are issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective October 19, 2017.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 19,
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 Standards Branch, 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-2017-0524.
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-2017-
0524; 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 Section, Transport Standards Branch, 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 June 6, 2017 (82 FR 25986) (``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 2016-0128, dated June 23, 2016 (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 DA [Dassault Aviation] Falcon 900EX type design are included in
Aircraft Maintenance Manual (AMM) chapter 5-40 and are approved by
the European Aviation Safety Agency (EASA). These instructions have
been identified as mandatory for continued airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition.
Consequently, EASA issued AD 2013-0051 [which corresponds to AD
2014-16-26, Amendment 39-17950 (79 FR 51077, August 27, 2014)
(``2014-16-26'')] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in DA Falcon 900EX AMM chapter 5-40 (DGT 113874) at
revision 12.
Since that [EASA] AD was issued, DA issued revision 14 of Falcon
900EX AMM chapter 5-40 (DGT 113874) (hereafter referred to as ``the
ALS'' in this AD), which contains new or more restrictive
maintenance requirements and/or airworthiness limitations. The ALS
introduces, among others, the following new tasks:
--Task 53-50-00-220-803 ``Detailed inspection of the baggage
compartment'';
--Task 53-50-00-220-807 ``Detailed inspection of the upper part of
frame 30.''
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2013-0051, which is superseded, and requires
accomplishment of the actions specified in the ALS.
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-2017-
0524.
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:
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.
Related Service Information Under 1 CFR Part 51
Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, Revision 14, dated November 2015, of the FALCON 900EX
Maintenance Manual. The service information describes procedures,
maintenance tasks, and airworthiness limitations specified in the
Airworthiness Limitations section 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 70 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 or inspection program
revision |
1 work-hour x $85 per hour
= $85 |
$0 |
$85 |
$5,950 |
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 to
the Director of the System Oversight Division.
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
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):
|