DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0706; Product Identifier 2018-NM-086-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD)
for
certain Dassault Aviation Model FAN JET FALCON, and FAN JET FALCON
SERIES C, D, E, F, and G airplanes. This proposed AD was prompted by a
determination of the need for a revision to the airplane airworthiness
limitations to introduce changes to the maintenance requirements and
airworthiness limitations. This proposed AD would require revising the
maintenance or inspection program, as applicable, to incorporate new
airworthiness limitations and maintenance requirements. We are
proposing this AD to address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by September
24, 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: Deliver to Mail address above 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 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-
0706; 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 NPRM, 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-2018-0706;
Product Identifier 2018-NM-086-AD" at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of 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 NPRM.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0083, dated April 16, 2018 (referred to after
this as the Mandatory Continuing Airworthiness Information, or "the
MCAI"), to correct an unsafe condition for certain Dassault Aviation
Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G
airplanes. The MCAI states:
The airworthiness limitations and certification maintenance
instructions for the Dassault Fan Jet Falcon aeroplanes, which are
approved by EASA, are currently defined and published in the
Dassault Fan Jet Falcon Aircraft Maintenance Manual (AMM) chapter 5-
40. These instructions have been identified as mandatory for
continued airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition [among other things, fatigue cracking and damage in
principal structural elements; such fatigue cracking and damage
could result in reduced structural integrity of the airplane].
Consequently, EASA issued AD 2014-0021 [which corresponds to FAA
AD 2014-26-07, Amendment 39-18058 (80 FR 2815, January 21, 2015)
("AD 2014-26-07")] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in Dassault Fan Jet Falcon AMM chapter 5-40 Revision 15.
Since that [EASA] AD was issued, Dassault issued Revision 17 of
the Dassault Fan Jet Falcon AMM chapter 5-40, 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 2014-0021, which is superseded, and requires
accomplishment of the actions specified in Revision 17 of the
Dassault Fan Jet Falcon AMM chapter 5-40, (hereafter referred to as
`the ALS' in this [EASA] AD).
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-
0706.
Relationship Between Proposed AD and AD 2014-26-07
This NPRM does not propose to supersede AD 2014-26-07. Rather, we
have determined that a stand-alone AD would be more appropriate to
address the changes in the MCAI. This proposed AD would require
revising the maintenance or inspection program, as applicable, to
incorporate new airworthiness limitations and maintenance requirements.
Accomplishment of the proposed actions would then terminate all of the
requirements of AD 2014-26-07.
Related Service Information Under 1 CFR Part 51
Dassault has issued Chapter 5-40, Airworthiness Limitations, DGT
131028, Revision 17, dated September 2017, of the Dassault Aviation
Falcon 20 Maintenance Manual. This service information includes life
limits for certain components, including the engine front mounts and
the legs of the nose landing gear and main landing gear. In addition,
this service information describes maintenance tasks for, among other
systems, the air conditioning system and the passenger/crew door
warning system. 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.
FAA's Determination
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 the relevant information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require revising the maintenance or
inspection program, as applicable, to include new airworthiness
limitations and maintenance requirements.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(j)(1) of this proposed AD. The request should include a description of
changes to the required inspections that will ensure the continued
operational safety of the airplane.
Differences Between This Proposed AD and the MCAI
The MCAI specifies that if there are findings from the
airworthiness limitations section (ALS) tasks, corrective actions must
be accomplished in accordance with Dassault maintenance documentation.
However, this proposed AD does not include that requirement. Operators
of U.S.-registered airplanes are required by general airworthiness and
operational regulations to perform maintenance using methods that are
acceptable to the FAA. We consider those methods to be adequate to
address any corrective actions necessitated by the findings of ALS
inspections required by this proposed AD.
Costs of Compliance
We estimate that this proposed AD affects 168 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
We have determined that revising the 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 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):
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