Airworthiness Directives; Dassault Aviation Airplanes, 25975-25978 [2017-11259]
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
Certificate Expiration Date: February
4, 2029.
Model Number: MAGNASTOR®.
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1. The authority citation for part 72
continues to read as follows:
Victor M. McCree,
Executive Director for Operations.
Authority: Atomic Energy Act of 1954,
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
2099, 2111, 2201, 2210e, 2232, 2233, 2234,
2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
[FR Doc. 2017–11682 Filed 6–5–17; 8:45 am]
2. In § 72.214, Certificate of
Compliance 1031 is revised to read as
follows:
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Certificate Number: 1031.
Initial Certificate Effective Date:
February 4, 2009, superseded by Initial
Certificate, Revision 1, on February 1,
2016.
Initial Certificate, Revision 1,
Effective Date: February 1, 2016.
Amendment Number 1 Effective Date:
August 30, 2010, superseded by
Amendment Number 1, Revision 1, on
February 1, 2016.
Amendment Number 1, Revision 1,
Effective Date: February 1, 2016.
Amendment Number 2 Effective Date:
January 30, 2012, superseded by
Amendment Number 2, Revision 1, on
February 1, 2016.
Amendment Number 2, Revision 1,
Effective Date: February 1, 2016.
Amendment Number 3 Effective Date:
July 25, 2013, superseded by
Amendment Number 3, Revision 1, on
February 1, 2016.
Amendment Number 3, Revision 1,
Effective Date: February 1, 2016.
Amendment Number 4 Effective Date:
April 14, 2015.
Amendment Number 5 Effective Date:
June 29, 2015.
Amendment Number 6 Effective Date:
December 21, 2016.
Amendment Number 7 Effective Date:
August 21, 2017.
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the MAGNASTOR® System.
Docket Number: 72–1031.
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BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0529; Directorate
Identifier 2016–NM–123–AD]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
§ 72.214 List of approved spent fuel
storage casks.
*
Dated at Rockville, Maryland, this 24th day
of May, 2017.
For the Nuclear Regulatory Commission.
We propose to adopt a new
airworthiness directive (AD) for certain
Dassault Aviation Model FALCON
900EX airplanes. This proposed AD was
prompted by a determination that new
or more restrictive maintenance
requirements and/or airworthiness
limitations are necessary. This proposed
AD would require revising the
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive maintenance requirements
and/or airworthiness limitations. We are
proposing this AD to address the unsafe
condition on these products.
DATES: We must receive comments on
this proposed AD by July 21, 2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Dassault Falcon Jet
Corporation, Teterboro Airport, P.O.
SUMMARY:
PO 00000
Frm 00003
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25975
Box 2000, South Hackensack, NJ 07606;
telephone 201–440–6700; Internet
https://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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0529; 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 proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone 800–647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–1137;
fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2017–0529; Directorate Identifier
2016–NM–123–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2016–0129,
dated June 23, 2016 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Dassault Aviation Model
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FALCON 900EX airplanes. The MCAI
states:
The airworthiness limitations and
maintenance requirements for the DA
[Dassault Aviation] Falcon 900EX type
design relating to Falcon 900EX Easy, Falcon
900LX and Falcon 900DX variants are
included in Aircraft Maintenance Manual
(AMM) chapter 5–40 and are approved by the
European Aviation Safety Agency (EASA).
These instructions have been identified as
mandatory for continued airworthiness.
Failure to accomplish these instructions
could result in an unsafe condition.
Consequently, EASA issued AD 2013–0052
[which corresponds to AD 2014–16–27,
Amendment 39–17951 (79 FR 51071, August
27, 2014) (‘‘2014–16–27’’)] to require
accomplishment of the maintenance tasks,
and implementation of the airworthiness
limitations, as specified in DA Falcon 900EX
Easy/900LX/900DX AMM chapter 5–40 (DGT
113875) at revision 7.
Since that [EASA] AD was issued, DA
issued revision 9 of DA Falcon 900EX Easy/
900LX/900DX AMM chapter 5–40 (DGT
113875) (hereafter referred to as ‘‘the ALS’’
in this AD), which contains new or more
restrictive maintenance requirements and/or
airworthiness limitations. The ALS
introduces, among others, the following new
tasks:
—Task 53–50–00–220–803 ‘‘Detailed
inspection of the baggage compartment’’;
—Task 53–50–00–220–807 ‘‘Detailed
inspection of the upper part of frame 30.’’
For the reason described above, this
[EASA] AD retains the requirements of EASA
AD 2013–0052, which is superseded, and
requires accomplishment of the actions
specified in the ALS.
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You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0529.
Related Service Information Under 1
CFR Part 51
We reviewed Chapter 5–40,
Airworthiness Limitations, Revision 9,
dated November 2015, of the Falcon
900EX EASy, Falcon 900LX, and Falcon
900DX Maintenance Manual. The
service information describes
procedures, maintenance tasks, and
airworthiness limitations specified in
the Airworthiness Limitations section
(ALS) of the AMM. 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.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
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in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (j)(1) of this proposed AD.
The request should include a
description of changes to the required
actions that will ensure the continued
operational safety of the airplane.
This proposed AD would not
supersede AD 2014–16–27. Rather, we
have determined that a stand-alone AD
would be more appropriate to address
the changes in the MCAI. This proposed
AD would require revising the
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive maintenance requirements
and/or airworthiness limitations than
those required by AD 2014–16–27.
Accomplishment of the proposed
actions would then terminate all
requirements of AD 2014–16–27.
Airworthiness Limitations Based on
Type Design
The FAA recently became aware of an
issue related to the applicability of ADs
that require incorporation of an ALS
revision into an operator’s maintenance
or inspection program.
Typically, when these types of ADs
are issued by civil aviation authorities
of other countries, they apply to all
airplanes covered under an identified
type certificate (TC). The corresponding
FAA AD typically retains applicability
to all of those airplanes.
In addition, U.S. operators must
operate their airplanes in an airworthy
condition, in accordance with 14 CFR
91.7(a). Included in this obligation is the
requirement to perform any
maintenance or inspections specified in
the ALS, and in accordance with the
ALS as specified in 14 CFR 43.16 and
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Fmt 4702
Sfmt 4702
91.403(c), unless an alternative has been
approved by the FAA.
When a type certificate is issued for
a type design, the specific ALS,
including revisions, is a part of that type
design, as specified in 14 CFR 21.31(c).
The sum effect of these operational
and maintenance requirements is an
obligation to comply with the ALS
defined in the type design referenced in
the manufacturer’s conformity
statement. This obligation may
introduce a conflict with an AD that
requires a specific ALS revision if new
airplanes are delivered with a later
revision as part of their type design.
To address this conflict, the FAA has
approved alternative methods of
compliance (AMOCs) that allow
operators to incorporate the most recent
ALS revision into their maintenance/
inspection programs, in lieu of the ALS
revision required by the AD. This
eliminates the conflict and enables the
operator to comply with both the AD
and the type design.
However, compliance with AMOCs is
normally optional, and we recently
became aware that some operators
choose to retain the AD-mandated ALS
revision in their fleet-wide
maintenance/inspection programs,
including those for new airplanes
delivered with later ALS revisions, to
help standardize the maintenance of the
fleet. To ensure that operators comply
with the applicable ALS revision for
newly delivered airplanes containing a
later revision than that specified in an
AD, we plan to limit the applicability of
ADs that mandate ALS revisions to
those airplanes that are subject to an
earlier revision of the ALS, either as part
of the type design or as mandated by an
earlier AD.
This proposed AD therefore applies to
Dassault Aviation Model FALCON
900EX airplanes with an original
certificate of airworthiness or original
export certificate of airworthiness that
was issued on or before the date of
approval of the ALS revision identified
in this proposed AD. Operators of
airplanes with an original certificate of
airworthiness or original export
certificate of airworthiness issued after
that date must comply with the
airworthiness limitations specified as
part of the approved type design and
referenced on the type certificate data
sheet.
Costs of Compliance
We estimate that this proposed AD
affects 63 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
ESTIMATED COSTS
Action
Labor cost
Maintenance or inspection program revision ..
1 work-hour × $85 per hour = $85 .................
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.
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Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would 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 this proposed regulation:
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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
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PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Dassault Aviation: Docket No. FAA–2017–
0529; Directorate Identifier 2016–NM–
123–AD.
(a) Comments Due Date
We must receive comments by July 21,
2017.
(b) Affected ADs
This AD affects AD 2014–16–27,
Amendment 39–17951 (79 FR 51071, August
27, 2014) (‘‘AD 2014–16–27’’).
(c) Applicability
This AD applies to Dassault Aviation
Model FALCON 900EX airplanes, serial
number (S/N) 97 and S/N 120 and higher,
certificated in any category, with an original
certificate of airworthiness or original export
certificate of airworthiness issued on or
before November 1, 2015.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that new or more restrictive maintenance
requirements and/or airworthiness
limitations are necessary. We are issuing this
AD to prevent 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 90 days after the effective date of
this AD, revise the maintenance or inspection
program, as applicable, to incorporate the
information specified in Chapter 5–40,
Airworthiness Limitations, Revision 9, dated
November 2015, of the Falcon 900EX EASy,
Falcon 900LX, and Falcon 900DX
Maintenance Manual. The initial compliance
time for accomplishing the actions specified
in Chapter 5–40, Airworthiness Limitations,
Revision 9, dated November 2015, of the
Falcon 900EX EASy, Falcon 900LX, and
Falcon 900DX Maintenance Manual, is
within the applicable times specified in the
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Cost per
product
Parts cost
$0
$85
Cost on U.S.
operators
$5,355
maintenance manual or 90 days after the
effective date of this AD, whichever occurs
later, except as provided by paragraphs (g)(1)
through (g)(4) of this AD.
(1) The term ‘‘LDG’’ in the ‘‘First
Inspection’’ column of any table in the
service information means total airplane
landings.
(2) The term ‘‘FH’’ in the ‘‘First Inspection’’
column of any table in the service
information means total flight hours.
(3) The term ‘‘FC’’ in the ‘‘First Inspection’’
column of any table in the service
information means total flight cycles.
(4) The term ‘‘M’’ in the ‘‘First Inspection’’
column of any table in the service
information means months.
(h) No Alternative Actions and 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 or 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
Accomplishing paragraph (g) of this AD
terminates all requirements of AD 2014–16–
27.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, 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 manager of the International Branch,
send it to the attention of the person
identified in paragraph (k)(2) of this AD.
Information may be emailed to: 9-ANM-116AMOC-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 action must
be accomplished using a method approved
by the Manager, International Branch, ANM–
116, Transport Airplane Directorate, 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.
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(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2016–0129, dated
June 23, 2016, for related information. This
MCAI may be found in the AD docket on the
Internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2017–0529.
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1137; fax 425–227–1149.
(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 https://
www.dassaultfalcon.com. 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.
Issued in Renton, Washington, on May 23,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–11259 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0492; Directorate
Identifier 2016–SW–025–AD]
RIN 2120–AA64
Airworthiness Directives; Honeywell
International Inc. (Honeywell)
Enhanced Ground Proximity Warning
System (EGPWS)
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for various
normal and transport category rotorcraft
with certain Honeywell EGPWS
installed. This proposed AD would
require updating the software version of
the EGPWS. This proposed AD is
prompted by a software defect that
prevents the EGPWS from providing
terrain warnings. The proposed actions
are intended to address an unsafe
condition on these products.
DATES: We must receive comments on
this proposed AD by August 7, 2017.
ADDRESSES: You may send comments by
any of the following methods:
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SUMMARY:
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• Federal eRulemaking Docket: Go to
https://www.regulations.gov. Follow the
online instructions for sending your
comments electronically.
• Fax: 202–493–2251.
• Mail: Send comments to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
• Hand Delivery: Deliver to the
‘‘Mail’’ address between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0492; or in person at the Docket
Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this proposed AD, the
economic evaluation, any comments
received, and other information. The
street address for the Docket Operations
Office (telephone 800–647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
For service information identified in
this proposed rule, contact Honeywell
International Inc., 15001 NE. 36 Street,
Redmond, Washington 98052–5317;
telephone (800) 601–3099; internet
address www.myaerospace.com. You
may review the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
10101 Hillwood Pkwy., Room 6N–321,
Fort Worth, TX 76177.
FOR FURTHER INFORMATION CONTACT: Judy
Heredia, Aviation Safety Engineer, Los
Angeles Aircraft Certification Office,
Transport Airplane Directorate, FAA,
3960 Paramount Blvd., Lakewood,
California 90712; telephone (562) 627–
5335; email judy.heredia@faa.gov.
SUPPLEMENTARY INFORMATION:
of written comments, or if comments are
filed electronically, commenters should
submit only one time.
We will file in the docket all
comments that we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
Before acting on this proposal, we will
consider all comments we receive on or
before the closing date for comments.
We will consider comments filed after
the comment period has closed if it is
possible to do so without incurring
expense or delay. We may change this
proposal in light of the comments we
receive.
Comments Invited
Discussion
We propose to adopt a new AD for
Honeywell MK XXI EGPWS part
number (P/N) 965–1227–005 and MK
XXII EGPWS P/N 965–1595–020, P/N
965–1595–021, 965–1595–022, 965–
1595–024, 965–1595–026, 965–1595–
028, and 965–1595–030 installed on
various normal and transport category
helicopters from five manufacturers.
This proposed AD would require
updating the software of the EGPWS.
This proposed AD is prompted by a
software defect found by Honeywell in
certain MK XXI and MK XXII EGPWSs
during testing. The testing revealed the
terrain alerting feature will not function
as intended in certain specific
geographical areas under altitudes of
175-feet mean sea level (MSL).
According to Honeywell, the terrain
display is not affected by the defect and
will correctly present terrain and its
corresponding elevation information.
However, in some locations, the EGPWS
will not issue a warning or caution for
terrain, water, or obstacles below 175
feel MSL. Without this feature of the
EGPWS, the helicopter could potentially
operate into threatening terrain or
obstacles without providing any
warning to the crew, resulting in loss of
the helicopter. Since the defect was
discovered, Honeywell has developed a
software modification (MOD) that
corrects this condition.
We invite you to participate in this
rulemaking by submitting written
comments, data, or views. We also
invite comments relating to the
economic, environmental, energy, or
federalism impacts that might result
from adopting the proposals in this
document. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should send only one copy
Record of Ex Parte Communication
In preparation of AD actions such as
notices of proposed rulemaking and
immediately adopted final rules, it is
the practice of the FAA to obtain
technical information and information
on the operational and economic impact
from design approval holders and
aircraft operators. We discussed certain
aspects of this proposed AD by email
with Honeywell. A copy of each email
contact can be found in the rulemaking
docket. For information on locating the
docket, see ‘‘Examining the AD Docket.’’
PO 00000
Frm 00006
Fmt 4702
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Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Proposed Rules]
[Pages 25975-25978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11259]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0529; Directorate Identifier 2016-NM-123-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Dassault Aviation Model FALCON 900EX airplanes. This proposed
AD was prompted by a determination that new or more restrictive
maintenance requirements and/or airworthiness limitations are
necessary. This proposed AD would require revising the maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance requirements and/or airworthiness limitations.
We are proposing this AD to address the unsafe condition on these
products.
DATES: We must receive comments on this proposed AD by July 21, 2017.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Dassault
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone 201-440-6700; Internet https://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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0529; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0529;
Directorate Identifier 2016-NM-123-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0129, dated June 23, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Dassault Aviation Model
[[Page 25976]]
FALCON 900EX airplanes. The MCAI states:
The airworthiness limitations and maintenance requirements for
the DA [Dassault Aviation] Falcon 900EX type design relating to
Falcon 900EX Easy, Falcon 900LX and Falcon 900DX variants are
included in Aircraft Maintenance Manual (AMM) chapter 5-40 and are
approved by the European Aviation Safety Agency (EASA). These
instructions have been identified as mandatory for continued
airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition.
Consequently, EASA issued AD 2013-0052 [which corresponds to AD
2014-16-27, Amendment 39-17951 (79 FR 51071, August 27, 2014)
(``2014-16-27'')] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in DA Falcon 900EX Easy/900LX/900DX AMM chapter 5-40 (DGT
113875) at revision 7.
Since that [EASA] AD was issued, DA issued revision 9 of DA
Falcon 900EX Easy/900LX/900DX AMM chapter 5-40 (DGT 113875)
(hereafter referred to as ``the ALS'' in this AD), which contains
new or more restrictive maintenance requirements and/or
airworthiness limitations. The ALS introduces, among others, the
following new tasks:
--Task 53-50-00-220-803 ``Detailed inspection of the baggage
compartment'';
--Task 53-50-00-220-807 ``Detailed inspection of the upper part of
frame 30.''
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2013-0052, which is superseded, and requires
accomplishment of the actions specified in the ALS.
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0529.
Related Service Information Under 1 CFR Part 51
We reviewed Chapter 5-40, Airworthiness Limitations, Revision 9,
dated November 2015, of the Falcon 900EX EASy, Falcon 900LX, and Falcon
900DX Maintenance Manual. The service information describes procedures,
maintenance tasks, and airworthiness limitations specified in the
Airworthiness Limitations section (ALS) of the AMM. 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.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(j)(1) of this proposed AD. The request should include a description of
changes to the required actions that will ensure the continued
operational safety of the airplane.
This proposed AD would not supersede AD 2014-16-27. Rather, we have
determined that a stand-alone AD would be more appropriate to address
the changes in the MCAI. This proposed AD would require revising the
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and/or airworthiness
limitations than those required by AD 2014-16-27. Accomplishment of the
proposed actions would then terminate all requirements of AD 2014-16-
27.
Airworthiness Limitations Based on Type Design
The FAA recently became aware of an issue related to the
applicability of ADs that require incorporation of an ALS revision into
an operator's maintenance or inspection program.
Typically, when these types of ADs are issued by civil aviation
authorities of other countries, they apply to all airplanes covered
under an identified type certificate (TC). The corresponding FAA AD
typically retains applicability to all of those airplanes.
In addition, U.S. operators must operate their airplanes in an
airworthy condition, in accordance with 14 CFR 91.7(a). Included in
this obligation is the requirement to perform any maintenance or
inspections specified in the ALS, and in accordance with the ALS as
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been
approved by the FAA.
When a type certificate is issued for a type design, the specific
ALS, including revisions, is a part of that type design, as specified
in 14 CFR 21.31(c).
The sum effect of these operational and maintenance requirements is
an obligation to comply with the ALS defined in the type design
referenced in the manufacturer's conformity statement. This obligation
may introduce a conflict with an AD that requires a specific ALS
revision if new airplanes are delivered with a later revision as part
of their type design.
To address this conflict, the FAA has approved alternative methods
of compliance (AMOCs) that allow operators to incorporate the most
recent ALS revision into their maintenance/inspection programs, in lieu
of the ALS revision required by the AD. This eliminates the conflict
and enables the operator to comply with both the AD and the type
design.
However, compliance with AMOCs is normally optional, and we
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection
programs, including those for new airplanes delivered with later ALS
revisions, to help standardize the maintenance of the fleet. To ensure
that operators comply with the applicable ALS revision for newly
delivered airplanes containing a later revision than that specified in
an AD, we plan to limit the applicability of ADs that mandate ALS
revisions to those airplanes that are subject to an earlier revision of
the ALS, either as part of the type design or as mandated by an earlier
AD.
This proposed AD therefore applies to Dassault Aviation Model
FALCON 900EX airplanes with an original certificate of airworthiness or
original export certificate of airworthiness that was issued on or
before the date of approval of the ALS revision identified in this
proposed AD. Operators of airplanes with an original certificate of
airworthiness or original export certificate of airworthiness issued
after that date must comply with the airworthiness limitations
specified as part of the approved type design and referenced on the
type certificate data sheet.
Costs of Compliance
We estimate that this proposed AD affects 63 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
[[Page 25977]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Maintenance or inspection program 1 work-hour x $85 per $0 $85 $5,355
revision. hour = $85.
----------------------------------------------------------------------------------------------------------------
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):
Dassault Aviation: Docket No. FAA-2017-0529; Directorate Identifier
2016-NM-123-AD.
(a) Comments Due Date
We must receive comments by July 21, 2017.
(b) Affected ADs
This AD affects AD 2014-16-27, Amendment 39-17951 (79 FR 51071,
August 27, 2014) (``AD 2014-16-27'').
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 900EX
airplanes, serial number (S/N) 97 and S/N 120 and higher,
certificated in any category, with an original certificate of
airworthiness or original export certificate of airworthiness issued
on or before November 1, 2015.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive maintenance requirements and/or airworthiness
limitations are necessary. We are issuing this AD to prevent 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 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in Chapter 5-40, Airworthiness Limitations,
Revision 9, dated November 2015, of the Falcon 900EX EASy, Falcon
900LX, and Falcon 900DX Maintenance Manual. The initial compliance
time for accomplishing the actions specified in Chapter 5-40,
Airworthiness Limitations, Revision 9, dated November 2015, of the
Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance
Manual, is within the applicable times specified in the maintenance
manual or 90 days after the effective date of this AD, whichever
occurs later, except as provided by paragraphs (g)(1) through (g)(4)
of this AD.
(1) The term ``LDG'' in the ``First Inspection'' column of any
table in the service information means total airplane landings.
(2) The term ``FH'' in the ``First Inspection'' column of any
table in the service information means total flight hours.
(3) The term ``FC'' in the ``First Inspection'' column of any
table in the service information means total flight cycles.
(4) The term ``M'' in the ``First Inspection'' column of any
table in the service information means months.
(h) No Alternative Actions and 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 or 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
Accomplishing paragraph (g) of this AD terminates all
requirements of AD 2014-16-27.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 manager of the International Branch, 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@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 action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, 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.
[[Page 25978]]
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2016-0129, dated June 23, 2016,
for related information. This MCAI may be found in the AD docket on
the Internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2017-0529.
(2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1137; fax 425-227-1149.
(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 https://www.dassaultfalcon.com. 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.
Issued in Renton, Washington, on May 23, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-11259 Filed 6-5-17; 8:45 am]
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