AD 2019-03-20

We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a determination that new and more restrictive maintenance requirements and airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new and more restrictive maintenance requirements and airworthiness limitations for airplane structures and systems. We are issuing this AD to address the unsafe condition on these products.

Final rule.

Adoption of the Amendment \n\n\n\tAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n0 1. The authority citation for part 39 continues to read as follows: \n\n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n\n\nSec. 39.13 (Amended) \n\n0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): \n\n2019-03-20 Dassault Aviation: Amendment 39-19572; Docket No. FAA- 2018-0643; Product Identifier 2018-NM-084-AD. \n\n(a) Effective Date \n\n\n\tThis AD is effective April 2, 2019. \n\n(b) Affected ADs \n\n\n\tThis AD affects AD 2014-16-23, Amendment 39-17947 (79 FR 52545, September 4, 2014) (''AD 2014-16-23'') and AD 2016-16-09, Amendment 39-18607 (81 FR 52752, August 10, 2016) (''AD 2016-16-09''). \n\n(c) Applicability \n\n\n\tThis AD applies to Dassault Aviation Model FALCON 7X airplanes, certificated in any category, with an original certificate of airworthiness or original export certificate of airworthiness issued on or before August 24, 2018. \n\n\n\tNote 1 to paragraph (c) of this AD: Model FALCON 7X airplanes with modifications M1000 and M1254 incorporated are commonly referred to as ''Model FALCON 8X'' airplanes as a marketing designation. \n\n(d) Subject \n\n\n\tAir Transport Association (ATA) of America Code 05, Time limits/ maintenance checks. \n\n(e) Reason \n\n\n\tThis AD was prompted by a determination that new and more restrictive maintenance requirements and airworthiness limitations are necessary. We are issuing this AD to address reduced structural integrity and reduced control of airplanes due to the failure of system components. \n\n(f) Compliance \n\n\n\tComply with this AD within the compliance times specified, unless already done. \n\n(g) Revise the Existing Maintenance or Inspection Program \n\n\n\tWithin 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable,by incorporating the information specified in Chapter 5-40-00, Airworthiness Limitations, DGT 107838, Revision 7, dated August 24, 2018, of the Dassault Falcon 7X Maintenance Manual (MM). The initial compliance times for the tasks specified in Chapter 5-40-00, Airworthiness Limitations, DGT 107838, Revision 7, dated August 24, 2018, of the Dassault Falcon 7X MM are at the applicable compliance times specified in Chapter 5-40-00, Airworthiness Limitations, DGT 107838, Revision 7, dated August 24, 2018, of the Dassault Falcon 7X MM, or within 90 days after the effective date of this AD, whichever occurs later. \n\n(h) Terminating Action for Other ADs \n\n\n\t(1) Accomplishing the actions required by paragraph (g) of this AD terminates the requirements of paragraph (q) of AD 2014-16-23. \n\t(2) Accomplishing the actions required by paragraph (g) of this AD terminates all requirements of AD 2016-16-09. \n\n(i) No Alternative Actions, Intervals, and Critical Design Configuration Control Limitations (CDCCLs) \n\n\n\tAfter the maintenance or inspection program, as applicable, has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (j)(1) of this AD. \n\n(j) Other FAA AD Provisions \n\n\n\tThe following provisions also apply to this AD: \n\t(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. Informationmay be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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. \n\t(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 European Aviation Safety Agency (EASA); or Dassault Aviation's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. \n\n(k) Related Information \n\n\n\t(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2018-0101, dated May 3, 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-2018-0643.(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; phone and fax: 206-231-3226. \n\n(l) Material Incorporated by Reference \n\n\n\t(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. \n\t(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. \n\t(i) Chapter 5-40-00, Airworthiness Limitations, DGT 107838, Revision 7, dated August 24, 2018, of the Dassault Falcon 7X Maintenance Manual (MM). \n\t(ii) (Reserved) \n\n((Page 6062)) \n\n\n\t(3) For service information identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; phone: 201-440-6700; internet: http://www.dassaultfalcon.com. \n\t(4) Youmay 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. \n\t(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.

Discussion \n\n\n\tWe 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 7X airplanes. The NPRM published in the Federal Register on August 10, 2018 (83 FR 39630). The NPRM was prompted by a determination that new and more restrictive maintenance requirements and airworthiness limitations are necessary. The NPRM proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate new and more restrictive maintenance requirements and airworthiness limitations for airplane structures and systems. \n\tWe issued a supplemental NPRM (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Dassault Aviation Model FALCON 7X airplanes. The SNPRM published in the Federal Register on November 15, 2018 (83 FR 57364). We issued the SNPRM to require the incorporation of revised and more restrictive airworthiness limitations than those proposed in the NRPM. \n\tWe are issuing this AD to address reduced structural integrity and reduced control of airplanes due to the failure of system components. \n\tThe European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0101, dated May 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 FALCON 7X airplanes. The MCAI states: \n\n\n\tThe airworthiness limitations and certification maintenance instructions for Dassault Falcon 7X aeroplanes, which are approved by EASA, are currently defined and published in Dassault Falcon 7X AMM (airplane maintenance manual), Chapter 5-40. These instructions have been identified as mandatory for continued airworthiness. \n\tFailure to accomplish these instructions could result in an unsafe condition (i.e., reduced structural integrity and reduced control of these airplanes due to the failure of system components). \n\tPreviously, EASA issued AD 2015-0095 (which corresponds to FAA AD 2016-16-09, Amendment 39-18607 (81 FR 52752, August 10, 2016) (''AD 2016-16-09'')) to require accomplishment of the maintenance tasks, and implementation of the airworthiness limitations, as specified in Dassault Falcon 7X AMM, Chapter 5-40, at Revision 4. \n\tSince that (EASA) AD was issued, Dassault issued the ALS (airworthiness limitations section), which introduces new and more restrictive maintenance requirements and/or airworthiness limitations. \n\tFor the reason described above, this (EASA) AD retains the requirements of EASA AD 2015-0095, which is superseded, and requires accomplishment of the actions specified in the ALS. \n\n\n\tYou 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- 0643. \n\nComments \n\n\n\tWe gave the public the opportunity to participate in developing this final rule. We received no comments on the SNPRM or on the determination of the cost to the public. \n\nConclusion \n\n\n\tWe 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: \n\tAre consistent with the intent that was proposed in the SNPRM for addressing the unsafe condition; and \n\tDo not add any additional burden upon the public than was already proposed in the SNPRM. \n\nRelated Service Information Under 1 CFR Part 51 \n\n\n\tDassault Aviation has issued Chapter 5-40-00, Airworthiness Limitations, DGT 107838, Revision 7, dated August 24, 2018, of the Dassault Falcon 7X Maintenance Manual (MM). This service information introduces new and more restrictive maintenance requirements and airworthiness limitations for airplane structures and systems. This service information is reasonably available because theinterested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. \n\nCosts of Compliance \n\n\n\tWe estimate that this AD affects 67 airplanes of U.S. registry. We estimate the following costs to comply with this AD: \n\tWe 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(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). \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tWe 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 \n\n((Page 6061)) \n\nproducts identified in this rulemaking action. \n\tThis 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. \n\nRegulatory Findings \n\n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, \n\t(2) Is not a ''significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), \n\t(3) Will not affect intrastate aviation in Alaska, and \n\t(4) Will not have a significant economic impact, positive or negative, on a substantial number of smallentities under the criteria of the Regulatory Flexibility Act. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.