Airworthiness Directives; Dassault Aviation Airplanes, 71586-71589 [2016-22832]

Download as PDF 71586 Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2015–3629; Directorate Identifier 2015–NM–011–AD; Amendment 39–18662; AD 2016–19–13] RIN 2120–AA64 Airworthiness Directives; Dassault Aviation Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model MYSTERE– FALCON 50, MYSTERE–FALCON 900, FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes. This AD was prompted by a report of an in-flight lightning strike to the WHELEN anticollision light located on the top of the vertical fin tip that caused severe damage and resulted in the loss of some airplane functions. This AD requires modification of the anti-collision light bonding. We are issuing this AD to prevent loss of electrical power and essential airplane functions, and possible reduced control of the airplane. DATES: This AD is effective November 22, 2016. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 22, 2016. 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 referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 3629. SUMMARY: Lhorne on DSK30JT082PROD with RULES 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–2015– 3629; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket VerDate Sep<11>2014 12:31 Oct 17, 2016 Jkt 241001 contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800–647– 5527) is Docket Management Facility, 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, ANM– 116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227– 1137; fax 425–227–1139. SUPPLEMENTARY INFORMATION: Discussion We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Dassault Aviation Model MYSTERE–FALCON 50, MYSTERE–FALCON 900, FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes. The SNPRM published in the Federal Register on June 17, 2016 (81 FR 39597) (‘‘the SNPRM’’). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on September 24, 2015 (80 FR 57545) (‘‘the NPRM’’). The NPRM proposed to require modification of the anti-collision light bonding. The NPRM was prompted by a report of an in-flight lightning strike to the WHELEN anticollision light located on the top of the vertical fin tip that caused severe damage and induced the loss of some airplane functions. The SNPRM proposed to clarify the applicability. We are issuing this AD to prevent loss of electrical power and essential airplane functions, and possible 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 2015–0006, dated January 15, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Dassault Aviation Model MYSTERE–FALCON 50, MYSTERE–FALCON 900, FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes. The MCAI states: An occurrence was reported where a Falcon 2000 aeroplane experienced an inflight lightning strike, which caused severe damage and induced the loss of some aeroplane functions. The investigation results revealed that the entering point of the lightning was at the WHELEN anti-collision light located on the top of the vertical fin tip. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 When the lightning strike hit the anticollision light, an electric arc occurred between the aeroplane structure and the anticollision light and created a conductive path by which the lightning current entered inside the aeroplane. Further analysis has determined that the electrical bonding between the WHELEN anti-collision light, Part Number (P/N) 01–0790044–09, and the fin tip fairing or the No. 2 engine air intake cover is insufficient to withstand a lightning strike. In case of severe lightning, this condition, if not corrected, could lead to an unsafe condition (loss of electrical power and/or of essential functions) possibly resulting in reduced control of the aeroplane. To address this potential unsafe condition, Dassault Aviation developed a modification (mod) to improve the WHELEN anti-collision light bonding when the anti-collision light is located on top of the vertical fin tip or on No. 2 engine air intake cover, and issued several Service Bulletins (SB) to modify all affected aeroplanes in service. For the reasons described above, this [EASA] AD requires modification of the anticollision light bonding. 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–2015– 3629. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the SNPRM 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 SNPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the SNPRM. Related Service Information Under 1 CFR Part 51 We reviewed the following service information. • Dassault Service Bulletin F50–481, Revision 1 (also referred to as 481–R1), dated January 26, 2015. • Dassault Service Bulletin F900–372, Revision 1 (also referred to as 372–R1), dated January 26, 2015. • Dassault Service Bulletin F900–378, Revision 1 (also referred to as 378–R1), dated January 26, 2015. • Dassault Service Bulletin F900EX– 285, Revision 1 (also referred to as 285– R1), dated January 26, 2015. E:\FR\FM\18OCR1.SGM 18OCR1 Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations • Dassault Service Bulletin F900EX– 305, Revision 1 (also referred to as 305– R1), dated January 26, 2015. • Dassault Service Bulletin F2000– 337, Revision 1 (also referred to as 337– R1), dated January 26, 2015. • Dassault Service Bulletin F2000EX– 108, Revision 1 (also referred to as 108– R1), dated January 26, 2015. The service information describes procedures for modifying the anticollision light bonding. These documents are distinct since they apply to different airplane models in different configurations. 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 778 airplanes of U.S. registry. We also estimate that it would take about 12 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $801 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $1,416,738, or $1,821 per product. 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. 71587 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: ■ 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 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 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2016–19–13 Dassault Aviation: Amendment 39–18662; Docket No. FAA–2015–3629; Directorate Identifier 2015–NM–011–AD. (a) Effective Date This AD is effective November 22, 2016. (b) Affected ADs None. (c) Applicability This AD applies to Dassault Aviation airplanes, certificated in any category, identified in figure 1 to paragraph (c) of this AD. FIGURE 1 TO PARAGRAPH (c) OF THIS AD—APPLICABILITY Except airplanes modified through: 1 Airplanes Configuration Dassault modification embodied in production Dassault Aviation Model MYSTERE-FALCON 50 airplanes. M1853 has been embodied in production or in service through Dassault Service Bulletin F50–241. Group 1: M1682 has been embodied in production or in service through Dassault Service Bulletin F900–182 3. Group 2: M1682 has been embodied in production or in service through Dassault Service Bulletin F900–182 and Modification M1947 is embodied in production or in service through Dassault Service Bulletin F900–176 4. Group 1: M1682 has been embodied in production or in service through Dassault Service Bulletin F900EX-025 3. Group 2: M1682 has been embodied in production or in service through Dassault Service Bulletin F900EX-025 and Modification M1947 is embodied in production or in service through Dassault Service Bulletin F900EX-19 4. M2083 or M3094 2 ...... Dassault Service Bulletin F50-257. M5381 ........................ Not applicable. M5386 ........................ Not applicable. M5381 ........................ Not applicable. M5103 or M5386 ........ Not applicable. Dassault Aviation Model MYSTERE-FALCON 900 airplanes. Lhorne on DSK30JT082PROD with RULES Dassault Aviation Model FALCON 900EX airplanes. VerDate Sep<11>2014 16:02 Oct 17, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\18OCR1.SGM 18OCR1 Service bulletin in service 71588 Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations FIGURE 1 TO PARAGRAPH (c) OF THIS AD—APPLICABILITY—Continued ≤Except airplanes modified through: 1 Airplanes Configuration Dassault Aviation Model FALCON 2000 airplanes. M331 has been embodied in production or in service through Dassault Service Bulletin F2000–44. M1802 has been embodied in production ...... Dassault Aviation Model FALCON 2000EX airplanes. Dassault modification embodied in production Service bulletin in service M810 or M1061 or M2778. Dassault Service Bulletin F2000–111. M810 or M1061 or M2778. Not applicable. 1 The excluded airplanes, as specified in figure 1 to paragraph (c) of this AD—Applicability, embody either one modification in production or one service bulletin in service, as applicable. 2 Modification M2083, Dassault Service Bulletin F50–257, Modification M1947, Dassault Service Bulletin F900–176, Dassault Service Bulletin F900EX–19, Modification M5103, as applicable, introduce fin tip SATCOM fairing, in production or in service. 3 Group 1: Airplanes with WHELEN anti-collision light located on top of the vertical fin tip. 4 Group 2: Airplanes with WHELEN anti-collision light located on top of the engine No. 2 air intake cover. (7) For Model FALCON 2000EX airplanes: Dassault Service Bulletin F2000EX–108, Revision 1 (also referred to as 108–R1), dated January 26, 2015. (d) Subject Air Transport Association (ATA) of America Code 33, Lights. (e) Reason This AD was prompted by a report of an in-flight lightning strike to the WHELEN anticollision light located on the top of the vertical fin tip that caused severe damage and resulted in the loss of some airplane functions. We are issuing this AD to prevent loss of electrical power and essential airplane functions, and possible reduced control of the airplane. Lhorne on DSK30JT082PROD with RULES (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Modification Within 24 months after the effective date of this AD, modify the anti-collision light bonding, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraphs (g)(1) through (g)(7) of this AD. (1) For Model MYSTERE–FALCON 50 airplanes: Dassault Service Bulletin F50–481, Revision 1 (also referred to as 481–R1), dated January 26, 2015. (2) For Model MYSTERE–FALCON 900 airplanes with the WHELEN system installed on the vertical fin tip: Dassault Service Bulletin F900–372, Revision 1 (also referred to as 372–R1), dated January 26, 2015. (3) For Model MYSTERE–FALCON 900 airplanes with the WHELEN system installed on the S-duct cowl: Dassault Service Bulletin F900–378, Revision 1 (also referred to as 378–R1), dated January 26, 2015. (4) For Model FALCON 900EX airplanes with the WHELEN system installed on the vertical fin tip: Dassault Service Bulletin F900EX–285, Revision 1 (also referred to as 285–R1), dated January 26, 2015. (5) For Model FALCON 900EX airplanes with the WHELEN system installed on the Sduct cowl: Dassault Service Bulletin F900EX–305, Revision 1 (also referred to as 305–R1), dated January 26, 2015. (6) For Model FALCON 2000 airplanes: Dassault Service Bulletin F2000–337, Revision 1 (also referred to as 337–R1), dated January 26, 2015. VerDate Sep<11>2014 12:31 Oct 17, 2016 Jkt 241001 the EASA; or Dassault Aviation’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (h) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using the applicable service information identified in paragraphs (h)(1) through (h)(7) of this AD. (1) For Model MYSTERE–FALCON 50 airplanes: Dassault Service Bulletin F50–481, dated August 22, 2007. (2) For Model MYSTERE–FALCON 900 airplanes with the WHELEN system installed on the vertical fin tip: Dassault Service Bulletin F900–372, dated August 22, 2007. (3) For Model MYSTERE–FALCON 900 airplanes with the WHELEN system installed on the S-duct cowl: Dassault Service Bulletin F900–378, dated September 19, 2007. (4) For Model FALCON 900EX airplanes with the WHELEN system installed on the vertical fin tip: Dassault Service Bulletin F900EX–285, dated July 18, 2007. (5) For Model FALCON 900EX airplanes with the WHELEN system installed on the Sduct cowl: Dassault Service Bulletin F900EX–305, dated September 19, 2007. (6) For Model FALCON 2000 airplanes: Dassault Service Bulletin F2000–337, dated July 25, 2007. (7) For Model FALCON 2000EX airplanes: Dassault Service Bulletin F2000EX–108, dated July 25, 2007. (j) Related Information (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015–0006, dated January 15, 2015, 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–2015–3629. (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 Branch, ANM– 116, Transport Airplane Directorate, FAA; or PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015–0006, dated January 15, 2015, 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–2015–3629. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(3) and (k)(4) of this AD. (k) 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 F50–481, Revision 1 (also referred to as 481–R1), dated January 26, 2015. (ii) Dassault Service Bulletin F900–372, Revision 1 (also referred to as 372–R1), dated January 26, 2015. (iii) Dassault Service Bulletin F900–378, Revision 1 (also referred to as 378–R1), dated January 26, 2015. (iv) Dassault Service Bulletin F900EX–285, Revision 1 (also referred to as 285–R1), dated January 26, 2015. (v) Dassault Service Bulletin F900EX–305, Revision 1 (also referred to as 305–R1), dated January 26, 2015. (vi) Dassault Service Bulletin F2000–337, Revision 1 (also referred to as 337–R1), dated January 26, 2015. (vii) Dassault Service Bulletin F2000EX– 108, Revision 1 (also referred to as 108–R1), dated January 26, 2015. (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. E:\FR\FM\18OCR1.SGM 18OCR1 Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations (4) You may view this service information at the FAA, Transport Airplane Directorate, 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/ibrlocations.html. Issued in Renton, Washington, on September 14, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–22832 Filed 10–17–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–3703; Directorate Identifier 2015–NM–115–AD; Amendment 39–18669; AD 2016–20–03] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: Lhorne on DSK30JT082PROD with RULES VerDate Sep<11>2014 12:31 Oct 17, 2016 Jkt 241001 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–2016– 3703; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Docket Management Facility, 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: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767–200, –300, and –400ER series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the skin lap splice is subject to widespread fatigue damage (WFD). This AD requires repetitive external detailed and surface high frequency eddy current (HFEC) inspections of the outer skin for cracking around fastener heads common to the inboard fastener row of the skin lap splice and corrective action. We are issuing this AD to detect and correct fatigue cracking of the skin lap splice, which could grow and result in possible rapid decompression and reduced structural integrity of the airplane. DATES: This AD is effective November 22, 2016. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 22, 2016. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Data & Services Management, SUMMARY: P. O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone: 206–544–5000, extension 1; fax: 206–766–5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 3703. Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6447; fax: 425–917–6590; email: wayne.lockett@faa.gov. 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 The Boeing Company Model 767–200, –300, and –400ER series airplanes. The NPRM published in the Federal Register on February 25, 2016 (81 FR 9367) (‘‘the NPRM’’). The NPRM was prompted by an evaluation by the DAH indicating that the skin lap splice is subject to WFD. The NPRM proposed to require repetitive external detailed and surface HFEC inspections of the outer skin for cracking around fastener heads common to the inboard fastener row of the skin lap splice. We are issuing this AD to detect and correct fatigue cracking of the skin lap splice, which could grow and result in possible rapid decompression and reduced structural integrity of the airplane. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 71589 Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA’s response to each comment. Boeing stated that it supports the NPRM. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that accomplishing the supplemental type certificate (STC) ST01920SE does not affect the actions specified in the NPRM. We concur with the commenter. We have redesignated paragraph (c) of this AD as (c)(1) and added new paragraph (c)(2) to this AD to state that installation of STC ST01920SE does not affect the ability to accomplish the actions required by this final rule. Therefore, for airplanes on which STC ST01920SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17. Request To Revise the Compliance Time for the Repetitive Inspection Intervals United Airlines (UAL) requested that we revise the repetitive inspection intervals for any repair accomplished using the structural repair manual (SRM) specified in Part 2 of Boeing Alert Service Bulletin 767–53A0260, dated August 26, 2014. UAL commented that a Zone B repair is Category B, and per the SRM inspections, the airplanes would have an initial inspection at 25,000 total flight cycles after airplane delivery. UAL stated that the initial inspection compliance time for the proposed rule is 40,000 total flight cycles, and if a repair is accomplished at this time, it is already over the initial inspection threshold specified in the SRM. We agree with the commenter’s request. There is a conflict between the initial inspection thresholds in Boeing Alert Service Bulletin 767–53A0260, dated August 26, 2014, and the Category B repair specified in the SRM. We are working with Boeing to revise the conflicting compliance times for the SRM repairs. We have added a new paragraph (h) in this AD, which provides clarification that the postrepair damage tolerance inspections are not required by this AD, but are airworthiness limitations (ALIs), and those inspections are required by maintenance and operational rules. Any deviation from the post-repair ALI inspections will need FAA approval, E:\FR\FM\18OCR1.SGM 18OCR1

Agencies

[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Pages 71586-71589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22832]



[[Page 71586]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3629; Directorate Identifier 2015-NM-011-AD; 
Amendment 39-18662; AD 2016-19-13]
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 MYSTERE-FALCON 50, MYSTERE-FALCON 900, FALCON 
900EX, FALCON 2000, and FALCON 2000EX airplanes. This AD was prompted 
by a report of an in-flight lightning strike to the WHELEN anti-
collision light located on the top of the vertical fin tip that caused 
severe damage and resulted in the loss of some airplane functions. This 
AD requires modification of the anti-collision light bonding. We are 
issuing this AD to prevent loss of electrical power and essential 
airplane functions, and possible reduced control of the airplane.

DATES: This AD is effective November 22, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 22, 
2016.

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 referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221. It is also available on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2015-3629.

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-2015-
3629; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, 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, 
ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1139.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to certain 
Dassault Aviation Model MYSTERE-FALCON 50, MYSTERE-FALCON 900, FALCON 
900EX, FALCON 2000, and FALCON 2000EX airplanes. The SNPRM published in 
the Federal Register on June 17, 2016 (81 FR 39597) (``the SNPRM''). We 
preceded the SNPRM with a notice of proposed rulemaking (NPRM) that 
published in the Federal Register on September 24, 2015 (80 FR 57545) 
(``the NPRM''). The NPRM proposed to require modification of the anti-
collision light bonding. The NPRM was prompted by a report of an in-
flight lightning strike to the WHELEN anti-collision light located on 
the top of the vertical fin tip that caused severe damage and induced 
the loss of some airplane functions. The SNPRM proposed to clarify the 
applicability. We are issuing this AD to prevent loss of electrical 
power and essential airplane functions, and possible 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 2015-0006, dated January 15, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Dassault 
Aviation Model MYSTERE-FALCON 50, MYSTERE-FALCON 900, FALCON 900EX, 
FALCON 2000, and FALCON 2000EX airplanes. The MCAI states:

    An occurrence was reported where a Falcon 2000 aeroplane 
experienced an in-flight lightning strike, which caused severe 
damage and induced the loss of some aeroplane functions. The 
investigation results revealed that the entering point of the 
lightning was at the WHELEN anti-collision light located on the top 
of the vertical fin tip.
    When the lightning strike hit the anti-collision light, an 
electric arc occurred between the aeroplane structure and the anti-
collision light and created a conductive path by which the lightning 
current entered inside the aeroplane. Further analysis has 
determined that the electrical bonding between the WHELEN anti-
collision light, Part Number (P/N) 01-0790044-09, and the fin tip 
fairing or the No. 2 engine air intake cover is insufficient to 
withstand a lightning strike.
    In case of severe lightning, this condition, if not corrected, 
could lead to an unsafe condition (loss of electrical power and/or 
of essential functions) possibly resulting in reduced control of the 
aeroplane.
    To address this potential unsafe condition, Dassault Aviation 
developed a modification (mod) to improve the WHELEN anti-collision 
light bonding when the anti-collision light is located on top of the 
vertical fin tip or on No. 2 engine air intake cover, and issued 
several Service Bulletins (SB) to modify all affected aeroplanes in 
service.
    For the reasons described above, this [EASA] AD requires 
modification of the anti-collision light bonding.

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-2015-
3629.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the SNPRM 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 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information.
     Dassault Service Bulletin F50-481, Revision 1 (also 
referred to as 481-R1), dated January 26, 2015.
     Dassault Service Bulletin F900-372, Revision 1 (also 
referred to as 372-R1), dated January 26, 2015.
     Dassault Service Bulletin F900-378, Revision 1 (also 
referred to as 378-R1), dated January 26, 2015.
     Dassault Service Bulletin F900EX-285, Revision 1 (also 
referred to as 285-R1), dated January 26, 2015.

[[Page 71587]]

     Dassault Service Bulletin F900EX-305, Revision 1 (also 
referred to as 305-R1), dated January 26, 2015.
     Dassault Service Bulletin F2000-337, Revision 1 (also 
referred to as 337-R1), dated January 26, 2015.
     Dassault Service Bulletin F2000EX-108, Revision 1 (also 
referred to as 108-R1), dated January 26, 2015.
    The service information describes procedures for modifying the 
anti-collision light bonding. These documents are distinct since they 
apply to different airplane models in different configurations. 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 778 airplanes of U.S. registry.
    We also estimate that it would take about 12 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts would cost about $801 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $1,416,738, or $1,821 per product.

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.

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 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):

2016-19-13 Dassault Aviation: Amendment 39-18662; Docket No. FAA-
2015-3629; Directorate Identifier 2015-NM-011-AD.

(a) Effective Date

    This AD is effective November 22, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation airplanes, certificated in 
any category, identified in figure 1 to paragraph (c) of this AD.

                               Figure 1 to Paragraph (c) of This AD--Applicability
----------------------------------------------------------------------------------------------------------------
                                                                      Except airplanes modified through: \1\
                                                                 -----------------------------------------------
             Airplanes                      Configuration          Dassault modification
                                                                        embodied in         Service bulletin in
                                                                        production                service
----------------------------------------------------------------------------------------------------------------
Dassault Aviation Model              M1853 has been embodied in   M2083 or M3094 \2\....  Dassault Service
 MYSTERE[dash]FALCON 50 airplanes.    production or in service                             Bulletin
                                      through Dassault Service                             F50[dash]257.
                                      Bulletin F50-241.
Dassault Aviation Model              Group 1: M1682 has been      M5381.................  Not applicable.
 MYSTERE[dash]FALCON 900 airplanes.   embodied in production or
                                      in service through
                                      Dassault Service Bulletin
                                      F900-182 \3\.
                                     Group 2: M1682 has been      M5386.................  Not applicable.
                                      embodied in production or
                                      in service through
                                      Dassault Service Bulletin
                                      F900-182 and Modification
                                      M1947 is embodied in
                                      production or in service
                                      through Dassault Service
                                      Bulletin F900-176 \4\.
Dassault Aviation Model FALCON       Group 1: M1682 has been      M5381.................  Not applicable.
 900EX airplanes.                     embodied in production or
                                      in service through
                                      Dassault Service Bulletin
                                      F900EX[dash]025 \3\.
                                     Group 2: M1682 has been      M5103 or M5386........  Not applicable.
                                      embodied in production or
                                      in service through
                                      Dassault Service Bulletin
                                      F900EX[dash]025 and
                                      Modification M1947 is
                                      embodied in production or
                                      in service through
                                      Dassault Service Bulletin
                                      F900EX[dash]19 \4\.

[[Page 71588]]

 
Dassault Aviation Model FALCON 2000  M331 has been embodied in    M810 or M1061 or M2778  Dassault Service
 airplanes.                           production or in service                             Bulletin F2000-111.
                                      through Dassault Service
                                      Bulletin F2000-44.
Dassault Aviation Model FALCON       M1802 has been embodied in   M810 or M1061 or M2778  Not applicable.
 2000EX airplanes.                    production.
----------------------------------------------------------------------------------------------------------------
\1\ The excluded airplanes, as specified in figure 1 to paragraph (c) of this AD--Applicability, embody either
  one modification in production or one service bulletin in service, as applicable.
\2\ Modification M2083, Dassault Service Bulletin F50-257, Modification M1947, Dassault Service Bulletin F900-
  176, Dassault Service Bulletin F900EX-19, Modification M5103, as applicable, introduce fin tip SATCOM fairing,
  in production or in service.
\3\ Group 1: Airplanes with WHELEN anti-collision light located on top of the vertical fin tip.
\4\ Group 2: Airplanes with WHELEN anti-collision light located on top of the engine No. 2 air intake cover.

(d) Subject

    Air Transport Association (ATA) of America Code 33, Lights.

(e) Reason

    This AD was prompted by a report of an in-flight lightning 
strike to the WHELEN anti-collision light located on the top of the 
vertical fin tip that caused severe damage and resulted in the loss 
of some airplane functions. We are issuing this AD to prevent loss 
of electrical power and essential airplane functions, and possible 
reduced control of the airplane.

(f) Compliance

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

(g) Modification

    Within 24 months after the effective date of this AD, modify the 
anti-collision light bonding, in accordance with the Accomplishment 
Instructions of the applicable service information specified in 
paragraphs (g)(1) through (g)(7) of this AD.
    (1) For Model MYSTERE-FALCON 50 airplanes: Dassault Service 
Bulletin F50-481, Revision 1 (also referred to as 481-R1), dated 
January 26, 2015.
    (2) For Model MYSTERE-FALCON 900 airplanes with the WHELEN 
system installed on the vertical fin tip: Dassault Service Bulletin 
F900-372, Revision 1 (also referred to as 372-R1), dated January 26, 
2015.
    (3) For Model MYSTERE-FALCON 900 airplanes with the WHELEN 
system installed on the S-duct cowl: Dassault Service Bulletin F900-
378, Revision 1 (also referred to as 378-R1), dated January 26, 
2015.
    (4) For Model FALCON 900EX airplanes with the WHELEN system 
installed on the vertical fin tip: Dassault Service Bulletin F900EX-
285, Revision 1 (also referred to as 285-R1), dated January 26, 
2015.
    (5) For Model FALCON 900EX airplanes with the WHELEN system 
installed on the S-duct cowl: Dassault Service Bulletin F900EX-305, 
Revision 1 (also referred to as 305-R1), dated January 26, 2015.
    (6) For Model FALCON 2000 airplanes: Dassault Service Bulletin 
F2000-337, Revision 1 (also referred to as 337-R1), dated January 
26, 2015.
    (7) For Model FALCON 2000EX airplanes: Dassault Service Bulletin 
F2000EX-108, Revision 1 (also referred to as 108-R1), dated January 
26, 2015.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the applicable service information identified 
in paragraphs (h)(1) through (h)(7) of this AD.
    (1) For Model MYSTERE-FALCON 50 airplanes: Dassault Service 
Bulletin F50-481, dated August 22, 2007.
    (2) For Model MYSTERE-FALCON 900 airplanes with the WHELEN 
system installed on the vertical fin tip: Dassault Service Bulletin 
F900-372, dated August 22, 2007.
    (3) For Model MYSTERE-FALCON 900 airplanes with the WHELEN 
system installed on the S-duct cowl: Dassault Service Bulletin F900-
378, dated September 19, 2007.
    (4) For Model FALCON 900EX airplanes with the WHELEN system 
installed on the vertical fin tip: Dassault Service Bulletin F900EX-
285, dated July 18, 2007.
    (5) For Model FALCON 900EX airplanes with the WHELEN system 
installed on the S-duct cowl: Dassault Service Bulletin F900EX-305, 
dated September 19, 2007.
    (6) For Model FALCON 2000 airplanes: Dassault Service Bulletin 
F2000-337, dated July 25, 2007.
    (7) For Model FALCON 2000EX airplanes: Dassault Service Bulletin 
F2000EX-108, dated July 25, 2007.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): Refer to 
Mandatory Continuing Airworthiness Information (MCAI) EASA 
Airworthiness Directive 2015-0006, dated January 15, 2015, 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-2015-3629.
    (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 
Branch, ANM-116, Transport Airplane Directorate, 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0006, dated January 15, 
2015, 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-2015-3629.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(k) 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 F50-481, Revision 1 (also referred 
to as 481-R1), dated January 26, 2015.
    (ii) Dassault Service Bulletin F900-372, Revision 1 (also 
referred to as 372-R1), dated January 26, 2015.
    (iii) Dassault Service Bulletin F900-378, Revision 1 (also 
referred to as 378-R1), dated January 26, 2015.
    (iv) Dassault Service Bulletin F900EX-285, Revision 1 (also 
referred to as 285-R1), dated January 26, 2015.
    (v) Dassault Service Bulletin F900EX-305, Revision 1 (also 
referred to as 305-R1), dated January 26, 2015.
    (vi) Dassault Service Bulletin F2000-337, Revision 1 (also 
referred to as 337-R1), dated January 26, 2015.
    (vii) Dassault Service Bulletin F2000EX-108, Revision 1 (also 
referred to as 108-R1), dated January 26, 2015.
    (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.

[[Page 71589]]

    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 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.

    Issued in Renton, Washington, on September 14, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2016-22832 Filed 10-17-16; 8:45 am]
 BILLING CODE 4910-13-P