AD 2017-18-07

We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a discovery of noncompliant rivets in the flight deck upper skin. This AD requires replacement of noncompliant rivets. We are issuing this AD to address the unsafe condition on these products.

Final rule.

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):

2017-18-07 Dassault Aviation: Amendment 39-19016; Docket No. FAA- 2017-0502; Product Identifier 2016-NM-120-AD.

(a) Effective Date

This AD is effective October 5, 2017.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Dassault Aviation Model FALCON 7X airplanes, certificated in any category, manufacturer serial numbers 15 through 89 inclusive, 92 through 94 inclusive, 97 through 101 inclusive, 105, and 106.

(d) Subject

Air Transport Association (ATA) of America Code 51, Standard practices/structures.(e) Reason

This AD was prompted by a discovery of noncompliant rivets in the flight deck upper skin. We are issuing this AD to prevent interference between the rivet shank and the flight deck mounted overhead panel when the flight deck upper skin deforms due to impact (e.g., bird strike), which could affect the functioning of essential flight control systems and result in reduced control of the airplane.

(f) Compliance

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

(g) Modification

Before exceeding 99 months or 4,100 flight cycles, whichever occurs first, since the date of issuance of the original certificate of airworthiness or the date of issuance of the original export certificate of airworthiness, modify the airplane by replacing certain MGPL-type rivets installed on the flight deck skin panel with solid type-rivets, in accordance with the Accomplishment Instructions of Dassault Service Bulletin 7X-176, dated February3, 2016.

(h) 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 (i)(2) of this AD. Information may 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.
(2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the actionmust be accomplished using a method approved by the Manager, International Branch, Transport Standards Branch, FAA; or EASA; or Dassault Aviation's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

(i) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0124, dated June 22, 2016, 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-2017-0502.

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(2) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149.

(j) 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) Dassault Service Bulletin 7X-176, dated February 3, 2016.
(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, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.
(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

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 7X airplanes. The NPRM published in the Federal Register on May 31, 2017 (82 FR 24910) (``the NPRM''). The NPRM was prompted by a discovery of noncompliant rivets in the flight deck upper skin. The NPRM proposed to require replacement of noncompliant rivets. We are issuing this AD to prevent interference between the rivet shank and the flight deck mounted overhead panel when the flight deck upper skin deforms due to impact (e.g., bird strike). This condition, if not corrected, could affect the functioning of essential flight control systems, and result in reduced control 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 Airworthiness Directive 2016-0124, dated June 22, 2016 (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:

During an internal review of the manufacturing files, it was found that 20 rivets installed on the cockpit [(flight deck)] upper skin are not compliant with the original type design. Those 20 MGPL type rivets have a shank longer than necessary and, in case of a bird strike under maximum energy impact, the cockpit upper skin deformation would lead to interference between the rivet shank and the cockpit mounted overhead panel.
This condition, if not corrected, could affect the functioning of essential flight control systems, possibly resulting in reduced control of the aeroplane.
To address this potential unsafe condition, Dassault Aviation published Service Bulletin (SB) F7X-176, providing instructions for replacement of the [noncompliant] rivets.
For the reasons described above, this [EASA] AD requires removal of affected rivets and replacement with serviceable [solid-type] rivets compliant with original type design.

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-2017- 0502.

Comments

We gave the public the opportunity to participate in developing this AD. 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 AD 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 correcting 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 Service Bulletin 7X-176, dated February 3, 2016. This service information describes procedures for modifying the airplane by replacing certain blind rivets installed on the flight deck skin panel with solid-type rivets. This service information is reasonably available because the interested parties have access to it through their normal course

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of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 25 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:

Estimated Costs ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Modification.......................... 81 work-hours x $85 per $48 $6,933 $173,325
hour = $6,885. ----------------------------------------------------------------------------------------------------------------

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 to the Director of the System Oversight Division.

Regulatory Findings

We determined that 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 Order12866;
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.