DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0359; Product Identifier 2018-NM-040-AD; Amendment
39-19405; AD 2018-19-05]
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 all
Dassault Aviation Model MYSTERE-FALCON 900 airplanes. This AD was
prompted by a determination that more restrictive maintenance
requirements and airworthiness limitations are necessary. This AD
requires revising the maintenance or inspection program, as applicable,
to incorporate new and more restrictive maintenance requirements and
airworthiness limitations. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective October 26, 2018.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 26,
2018.

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 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. It is also available on the internet at http://www.
regulations.gov by searching for and locating Docket No. FAA-2018-
0359.

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-
0359; 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is 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, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.

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 all Dassault Aviation Model
MYSTERE-FALCON 900 airplanes. The NPRM published in the Federal
Register on April 30, 2018 (83 FR 18753). The NPRM was prompted by a
determination that more restrictive maintenance requirements and
airworthiness limitations are necessary. The NPRM proposed to require
revising the maintenance or inspection program, as applicable, to
incorporate new and more restrictive maintenance requirements and
airworthiness limitations. We are issuing this AD to prevent reduced
structural integrity of the airplane.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0027, dated January 30, 2018 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Dassault Aviation Model MYSTERE-
FALCON 900 airplanes. The MCAI states:

The airworthiness limitations and certification maintenance
instructions for the Dassault Myst[egrave]re-Falcon 900 aeroplanes,
which are approved by EASA, are currently defined and published in
the Dassault Myst[egrave]re-Falcon 900 [Airplane 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 [i.e., reduced structural integrity of the
airplane].
Consequently, EASA issued AD 2016-0127 [which corresponds to FAA
AD 2017-19-03 Amendment 39-19033 (82 FR 43166, September 14, 2017)
(``AD 2017-19-03'')] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40
Revision 22.
Since that [EASA] AD was issued, Dassault issued Revision 23 of
the Dassault Myst[egrave]re-Falcon 900 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 2016-0127, which is superseded, and requires
accomplishment of the actions specified in Revision 23 of the
Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40 * * *.

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-
0359.

Comments

We gave the public the opportunity to participate in developing
this final rule. 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 final rule 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 addressing 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 23, dated September 2017, of the Dassault
Aviation Falcon 900 Maintenance Manual. This service information
describes procedures, maintenance tasks, and airworthiness limitations
specified in the Airworthiness Limitations Section (ALS) 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 65 airplanes of U.S. registry.
We estimate the following costs to comply with this 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 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

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):