DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0963; Product Identifier 2018-NM-135-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 that new or more restrictive airworthiness limitations
and maintenance requirements are necessary. This proposed AD would
require revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive 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 January 7, 2019.

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-2018-0963;
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-2018-0963;
Product Identifier 2018-NM-135-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
2018-0193, dated September 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 FAN JET
FALCON and FAN JET FALCON SERIES C, D, E, F, and G airplanes. The MCAI
states:

In June 1988, the Federal Aviation Administration sponsored a
conference of ageing aircraft, during which the decision was taken
to pay particular attention to those. The ATA [Air Transport
Association] and the AIA [Aerospace Industries Association]
committed themselves to identify and to set up procedures to ensure
continued structural integrity on ageing aircraft. Prompted by these
actions, Dassault developed the SSIP [Supplemental Structural
Inspection Program], aiming to guarantee the
airworthiness of the Fan Jet Falcon aeroplane which reach and exceed
half of the Limit of Validity. The airworthiness limitations and
certification maintenance instructions for the affected Fan Jet
Falcon aeroplanes, which are approved by EASA, are currently defined
and published in the ALS [airworthiness limitations section]. These
instructions have been identified as mandatory for continued
airworthiness.

Failure to accomplish these instructions could result in an
unsafe condition.

Previously, EASA issued AD 2008-0221 to require accomplishment
of the maintenance tasks, and implementation of the airworthiness
limitations, as specified in ALS at Revision 7.

Since that [EASA] AD was issued, Dassault issued ALS Revisions 8
and 9, which introduced new and more restrictive maintenance
requirements and/or airworthiness limitations.

For the reason described above, this [EASA] AD takes over the
requirements for Fan Jet Falcon aeroplanes from EASA AD 2008-0221
and requires accomplishment of the actions specified in the ALS.

Once new [EASA] ADs have been published for all the types
addressed by EASA AD 2008-0221, EASA plans to cancel that AD.

The unsafe condition is fatigue cracking and damage in principal
structural elements; such fatigue cracking and damage could result in
reduced structural integrity of the airplane. Because we determined
that a separate FAA AD should be issued for each airplane model due to
different ALS requirements, we did not issue an AD that corresponded to
EASA AD 2008-0221. 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-2018-0963.

Related Service Information Under 1 CFR Part 51

Dassault has issued Chapter 5-40, Airworthiness Limitations, DMD
44729, Revision 9, dated November 29, 2017, of the Dassault Aviation
Falcon 20 Maintenance Manual. This service information includes life
limits for certain airframe components, and describes airworthiness
limitations for safe life limits and certification maintenance
requirements. 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 existing maintenance or
inspection program, as applicable, to include new or more restrictive
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
(i)(1) of this proposed AD.

Differences Between This Proposed AD and the MCAI or Service
Information

The MCAI specifies that if there are findings from the ALS
inspection tasks, corrective actions must be accomplished in accordance
with Dassault maintenance documentation. However, this proposed AD
would not include those requirements. Operators of U.S.-registered
airplanes are required by general airworthiness and operational
regulations to maintain their airplanes using methods that are
acceptable to the FAA. We consider those methods to be adequate to
replace parts, perform maintenance tasks, and address any corrective
actions necessitated by the findings of the ALS inspections specified
in this proposed AD.

Costs of Compliance

We estimate that this proposed AD affects 61 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, 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):