DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0451; Product Identifier 2017-NM-172-AD; Amendment
39-19406; AD 2018-19-06]
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
ACTION: Final rule.
SUMMARY: We are adopting a new airworthiness directive (AD) for
Dassault Aviation Model FALCON 900EX airplanes. This AD was prompted by
reports of rejected take-offs due to untimely inboard flap retraction.
This AD requires modification of the slat/flap control wiring and
replacement of the slat/flap control box with an improved box. We are
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective November 13, 2018.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 13,
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-2018-0451.
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-
0451; 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 Avenues 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.
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 May 30, 2018 (83 FR 24686). The NPRM was prompted by
reports of rejected take-offs due to untimely inboard flap retraction.
The NPRM proposed to require modification of the slat/flap control
wiring and replacement of the slat/flap control box with an improved
We are issuing this AD to address an uncommanded retraction of the
inboard slats and flaps during take-off, and consequent reduced
controllability 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
2017-0219, dated November 14, 2017 (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:
An occurrence was reported where, during the take-off run, a red
CAS [crew alerting system] message ``NO TAKE OFF'' was displayed,
and an aural warning was given. The flight crew elected to abort the
take-off. The configuration of the affected aeroplane was SF1 and
indicated airspeed (IAS) was at 100 kts. Investigations showed that
the outboard slat extended microswitch, located at track #7, was not
correctly adjusted. A design review revealed that this deficiency
may affect only Falcon 900LX (commercial designation) without
modification M5636, during take-off in SF1 configuration.
This condition, if not corrected, could lead to an uncommanded
retraction of inboard slats and flaps during take-off, possibly
resulting in reduced control of the aeroplane.
To address this potential unsafe condition, DA [Dassault
Aviation] designed modification M6043 and published Service Bulletin
(SB) F900EX-522 to provide instructions for embodiment of this
For the reasons described above, this [EASA] AD requires a
wiring modification and replacement of the slat/flap control box
with an improved box.
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-
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.
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
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 Dassault Aviation Service Bulletin
F900EX-522, also referred to as 522, dated March 8, 2017. This service
information describes procedures for modifying the slat/flap control
wiring and replacing the slat/flap control box. 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 13 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
||Cost per product
||Cost on U.S. operators
|Modification and replacement
||22 work-hours x $85 per hour
According to the manufacturer, some
or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
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
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.
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
(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
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