DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0643; Product Identifier 2018-NM-084-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.

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SUMMARY: We are revising an earlier proposal for certain Dassault
Aviation Model FALCON 7X airplanes. This action revises the notice of
proposed rulemaking (NPRM) by proposing to require the incorporation of
revised and more restrictive airworthiness limitations. We are
proposing this airworthiness directive (AD) to address the unsafe
condition on these products. Since these actions would impose an
additional burden over those in the NPRM, we are reopening the comment
period to allow the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal
Register on August 10, 2018 (83 FR 39630), is reopened.

We must receive comments on this SNPRM by December 31, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:

Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.

Fax: 202-493-2251.

Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

For service information identified in this NPRM, 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, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.

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-2018-0643;
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 SNPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

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:

Comments Invited

We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include "Docket No. FAA-2018-0643;
Product Identifier 2018-NM-084-AD" at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this SNPRM. We will consider all
comments received by the closing date and may amend this SNPRM based on
those comments.

We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this SNPRM.

Discussion

We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain Dassault Aviation Model FALCON 7X airplanes. The
NPRM published in the Federal Register on August 10, 2018 (83 FR
39630). The NPRM was prompted by a determination that more restrictive
maintenance requirements and airworthiness limitations are necessary.
The NPRM proposed to require revising the existing maintenance or
inspection program, as applicable, to incorporate new and more
restrictive maintenance requirements and airworthiness limitations for
airplane structures and systems.

Actions Since the NPRM Was Issued

Since we issued the NPRM, additional airworthiness limitations have
been issued, and we have determined that it is necessary to revise the
existing maintenance or inspection program to incorporate the new and
more restrictive requirements in the revised service information. We
have changed paragraph (g) of this proposed AD to require revising the
existing maintenance or inspection program to incorporate the
information specified in Chapter 5-40-00, Airworthiness Limitations,
DGT 107838, Revision 7, dated August 24, 2018, of the Dassault Falcon
7X Maintenance Manual (MM).

The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0101, dated May 3, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or "the MCAI"), to correct an
unsafe condition for certain Dassault Aviation Model FALCON 7X
airplanes. The MCAI states:

The airworthiness limitations and certification maintenance
instructions for Dassault Falcon 7X aeroplanes, which are approved
by EASA, are currently defined and published in Dassault Falcon 7X
AMM [airplane maintenance manual], 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 and reduced
control of these airplanes due to the failure of system components].

Previously, EASA issued AD 2015-0095 [which corresponds to FAA
AD 2016-16-09, Amendment 39-18607 (81 FR 52752, August 10, 2016)
("AD 2016-16-09")] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in Dassault Falcon 7X AMM, Chapter 5-40, at Revision 4.

Since that [EASA] AD was issued, Dassault issued the ALS
[airworthiness limitations section], 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 2015-0095, 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-2018-
0643.

Related Service Information Under 1 CFR Part 51

Dassault Aviation has issued Chapter 5-40-00, Airworthiness
Limitations, DGT 107838, Revision 7, dated August 24, 2018, of the
Dassault Falcon 7X MM. This service information introduces new and more
restrictive maintenance requirements and airworthiness limitations for
airplane structures and systems. 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.

Comments

We gave the public the opportunity to participate in developing
this proposed AD. We received no comments on the NPRM or on the
determination of the cost to the public.

FAA's Determination and Requirements of This SNPRM

This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.

Costs of Compliance

We estimate that this proposed AD affects 67 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

We have determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although we recognize that this number may vary from operator to
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 proposed 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

We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:

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.

The Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):