[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Rules and Regulations]
[Pages 16390-16393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07939]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0706; Product Identifier 2018-NM-086-AD; Amendment 
39-19612; AD 2019-07-01]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting 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 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 AD requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations and maintenance requirements. We 
are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 24, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 24, 
2019.

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

[[Page 16391]]

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-2018-0706.

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 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 certain Dassault Aviation 
Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G 
airplanes. The NPRM published in the Federal Register on August 10, 
2018 (83 FR 39628). The NPRM 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. The NPRM proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations and maintenance 
requirements.
    We are issuing this AD to address 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.
    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.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Request To Withdraw NPRM

    Kalitta Charters, LLC, (Kalitta) implied that the NPRM did not 
include a valid unsafe condition to justify the issuance of an AD. The 
commenter stated that the unsafe condition specified in the NPRM is 
based on speculation. The commenter remarked that the AD docket does 
not include evidence of actual fatigue cracking or any other indicators 
of possible conditions that indicate the existence of an actual 
potential problem.
    We infer that the commenter is requesting that we withdraw the 
NPRM. We do not agree with the commenter's request. We have identified 
airworthiness limitations and maintenance requirements as mandatory for 
an airplane's continued airworthiness. An operator's failure to 
accomplish these instructions could result in a variety of unsafe 
conditions, including fatigue cracking and damage in principal 
structural elements; such fatigue cracking and damage could result in 
reduced structural integrity of the airplane.
    In addition, we issue ADs to require actions to address unsafe 
conditions that are not otherwise being addressed (or are not addressed 
adequately) by normal maintenance procedures. We may address such 
unsafe conditions by requiring revisions to maintenance or inspection 
programs, as applicable, as a condition under which airplanes may 
continue to be operated. We have determined that it is necessary to 
issue this final rule.

Request To Include Method To Determine Flight Cycles

    Kalitta requested that the proposed AD include a method for 
operators to determine the number of flight cycles on landing gear 
parts based on the part number or date of manufacture. The commenter 
pointed out that there was no previous requirement to track flight 
cycles on landing gear parts. The commenter stated that without a 
method to determine the number of flight cycles, its fleet would be 
grounded because it would not be able to comply with the requirements 
specified in the proposed AD.
    The commenter also stated that a method for operators to determine 
the number of flight cycles on landing gear parts is related to its 
ability to satisfy the initial 90-day compliance time for accomplishing 
the actions specified in the proposed AD. The commenter noted that some 
of the affected airframes and parts have been in service over 50 years 
and during this 50-year period many of the affected parts were removed 
and installed on other airframes.
    We partially agree with the commenter's request. This AD does not 
include a method for operators to determine the number of flight cycles 
on landing gear parts based on the part number or date of manufacture; 
however, this AD extends the initial compliance time for accomplishing 
the required actions.
    In April 2015, Dassault issued ``Falcon Service Advisory'' FSA-05-
40-003-R00-A, notifying operators of impending changes to the 
Airworthiness Limitations affecting the life limits of internal landing 
gear parts. Dassault also issued FSA-05-40-002-R00A, in April 2015, to 
provide guidance on determining the cycles-since-new of

[[Page 16392]]

landing gear assemblies for operators that had not been rigorously 
tracking the cycles on life-limited parts. This FSA allowed operators 
to submit a ``Landing Gear Survey'' so that Dassault could help them 
``rebuild the life'' of a given landing gear leg or subpart.
    Dassault has informed us that it is in the process of creating an 
updated methodology for operators to follow if they do not know the 
exact number of flight cycles on landing gear parts for their 
airplanes. Therefore, we have revised paragraph (g) of this AD by 
extending the initial compliance time from 90 days after the effective 
date of this AD to 12 months after the effective date of this AD for 
accomplishing the actions specified in Chapter 5-40, Airworthiness 
Limitations, DGT 131028, Revision 17, dated September 2017, of the 
Dassault Aviation Falcon 20 Maintenance Manual. This will allow 
Dassault time to develop the methodology to determine the number of 
flight cycles on landing gear parts and provide this information to 
operators. We expect to approve this methodology as an alternative 
method of compliance (AMOC) to this AD. In addition, under the 
provisions of paragraph (j)(1) of this AD, we will consider requests 
for approval of an extension of the compliance time if sufficient data 
are submitted to substantiate that the extension would provide an 
acceptable level of safety.

Economic Impact of NPRM

    Kalitta stated that the Regulatory Findings section of the NPRM did 
not take into account operators that have Model DA-20 airplanes as a 
significant portion of their fleet. The commenter noted that these 
operators should be considered ``small entities,'' are considered small 
businesses by the U.S. government, and could be economically destroyed 
by the proposed requirements of the NPRM.
    The commenter also noted that, without a method to compute the 
flight cycles on landing gear parts, the costs of compliance estimate 
in the NPRM would be grossly underestimated because, instead of just 
replacement of the landing gear components, complete landing gear 
assemblies would have to be replaced.
    We acknowledge the commenter's concern regarding the economic 
impact of this AD. However, as stated in the Regulatory Findings 
section of this final rule, we have determined that this AD 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. As stated earlier, we have extended the 
initial compliance time from 90 days to 12 months after the effective 
date of this AD. Extending the compliance time will reduce the impact 
to operators and should allow adequate time for Dassault to develop a 
methodology to determine the number of flight cycles on landing gear 
parts so that operators will not need to replace complete landing gear 
assemblies. As stated previously, we expect to approve this methodology 
as an AMOC to this AD.
    In addition, under the provisions of paragraph (j)(1) of this AD, 
we will consider requests for approval of an extension of the 
compliance time if sufficient data are submitted to substantiate that 
the extension would provide an acceptable level of safety.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the change described previously and 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.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

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 describes, among 
other things, new or more restrictive airworthiness limitations and 
maintenance requirements; these include life limits for certain 
components, including the engine front mounts and the legs of the nose 
landing gear and main landing gear, and 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.

Costs of Compliance

    We estimate that this AD affects 168 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.

[[Page 16393]]

    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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2019-07-01 Dassault Aviation: Amendment 39-19612; Docket No. FAA-
2018-0706; Product Identifier 2018-NM-086-AD.

(a) Effective Date

    This AD is effective May 24, 2019.

(b) Affected ADs

    This AD affects AD 2014-26-07, Amendment 39-18058 (80 FR 2815, 
January 21, 2015) (``AD 2014-26-07'').

(c) Applicability

    This AD applies to Dassault Aviation Model FAN JET FALCON and 
FAN JET FALCON SERIES C, D, E, F, and G airplanes, certificated in 
any category, all serial numbers, except those on which the Dassault 
Fan Jet Falcon Supplemental Structural Inspection Program (Service 
Bulletin (SB) 730) has been embodied into the airplane's maintenance 
or inspection program.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits 
and Maintenance Checks.

(e) Reason

    This 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. We are issuing this AD to address, 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.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of Maintenance or Inspection Program

    Within 12 months after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the airworthiness limitations and maintenance 
requirements specified in Chapter 5-40, Airworthiness Limitations, 
DGT 131028, Revision 17, dated September 2017, of the Dassault 
Aviation Falcon 20 Maintenance Manual (MM). The initial compliance 
time for accomplishing the actions is at the applicable time 
specified in Chapter 5-40, Airworthiness Limitations, DGT 131028, 
Revision 17, dated September 2017, of the Dassault Aviation Falcon 
20 MM; or within 12 months after the effective date of this AD; 
whichever occurs later. Where the threshold column in the table in 
paragraph B, Mandatory Maintenance Operations, of Chapter 5-40, 
Airworthiness Limitations, DGT 131028, Revision 17, dated September 
2017, of the Dassault Aviation Falcon 20 MM specifies a compliance 
time in years, those compliance times are since the date of issuance 
of the original French or European Aviation Safety Agency (EASA) 
airworthiness certificate or date of issuance of the original French 
or EASA export certificate of airworthiness.

(h) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions and intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j)(1) of this AD.

(i) Terminating Action for AD 2014-26-07

    Accomplishing the actions required by paragraph (g) of this AD 
terminates all of the requirements of AD 2014-26-07.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (k)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the EASA; or Dassault 
Aviation's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0083, dated April 16, 2018, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-0706.
    (2) For more information about this AD, 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.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Chapter 5-40, Airworthiness Limitations, DGT 131028, 
Revision 17, dated September 2017, of the Dassault Aviation Falcon 
20 Maintenance Manual.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, 
South Hackensack, NJ 07606; telephone 201-440-6700; internet http://www.dassaultfalcon.com.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on April 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-07939 Filed 4-18-19; 8:45 am]
 BILLING CODE 4910-13-P


