Airworthiness Directives; Dassault Aviation Airplanes, 18760-18763 [2018-08758]
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18760
Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Proposed Rules
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to engines, propellers, and
associated appliances to the Manager,
Engine and Propeller Standards Branch,
Policy and Innovation Division.
Rolls-Royce Deutschland Ltd & Co KG;
Docket No. FAA–2018–0235; Product
Identifier 2018–NE–08–AD.
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.
(e) Unsafe Condition
This AD was prompted by reports of LPC
fan blade retention lug failures. We are
issuing this AD to prevent failure of the LPC
fan blade retention lug. The unsafe condition,
if not addressed, could result in loss of
engine thrust control and reduced control of
the airplane.
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:
nshattuck on DSK9F9SC42PROD with PROPOSALS
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):
■
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Jkt 244001
(a) Comments Due Date
We must receive comments by June 14,
2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Rolls-Royce
Deutschland Ltd & Co KG (RRD) Tay 620–15
turbofan engines with low-pressure
compressor (LPC) fan blades, having part
numbers (P/Ns) JR30649, JR31702, JR31983,
JR33863, or JR33864, installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code 7230, Turbine Engine Compressor
Section.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Within 30 days after the effective date
of this AD, determine the number of DFL
treatments that were applied to the LPC fan
blade by reviewing the maintenance records
or using an alternative method in steps C or
N, as applicable, of the Accomplishment
Instruction, paragraph 3, of RRD ALERT NonModification Service Bulletin (NMSB) TAY–
72–A1834, dated November 17, 2017.
(2) Depending on the results of the records
review, do the following, as applicable:
(i) If the number of DFL treatments is fewer
than 13, mark the LPC fan blade dovetail root
with a suffix code during the next scheduled
LPC fan blade removal using steps H or R,
as applicable, of the Accomplishment
Instruction, paragraph 3, of RRD ALERT
NMSB TAY–72–A1834, dated November 17,
2017.
(ii) If the number of DFL treatments is 13
or more, replace the affected LPC fan blade
with a part eligible for installation within 500
flight hours after effective date of this AD.
(h) Installation Prohibition
After the effective date of this AD, do not
install an affected LPC fan blade on any
engine unless it has been determined that the
LPC fan blade has had fewer than 13 DFL
treatments and has been marked in
accordance with the instructions of RRD
ALERT NMSB TAY–72–A1834, dated
November 17, 2017.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO Branch, FAA, has
the authority to approve AMOCs for this AD,
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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 ECO Branch, send it to
the attention of the person identified in
paragraph (j)(1) of this AD. You may email
your request to: ANE-AD-AMOC@faa.gov.
(2) 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.
(j) Related Information
(1) For more information about this AD,
contact Robert Green, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: 781–238–
7754; fax: 781–238–7199; email:
Robert.Green@faa.gov.
(2) Refer to European Aviation Safety
Agency (EASA) AD 2018–0013, dated
January 17, 2018, for more information. You
may examine the EASA AD in the AD docket
on the internet at https://www.regulations.gov
by searching for and locating it in Docket No.
FAA–2018–0235.
(3) For service information identified in
this proposed AD, contact Rolls-Royce
Deutschland Ltd & Co KG, Eschenweg 11,
Dahlewitz, 15827 Blankenfelde-Mahlow,
Germany; phone: +49 (0) 33–7086–1883; fax:
+49 (0) 33–7086–3276. You may view this
referenced service information at the FAA,
Engine & Propeller Standards Branch, 1200
District Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call 781–238–7759.
Issued in Burlington, Massachusetts, on
April 25, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards
Branch, Aircraft Certification Service.
[FR Doc. 2018–09011 Filed 4–27–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0357; Product
Identifier 2018–NM–035–AD]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Dassault Aviation Model FALCON
2000EX airplanes. This proposed AD
was prompted by the manufacturer
revising the airplane maintenance
SUMMARY:
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manual (AMM) maintenance
requirements and airworthiness
limitations. This proposed AD would
require revising the maintenance or
inspection program, as applicable, to
incorporate new maintenance
requirements and 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 June 14, 2018.
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 service information at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
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–2018–
0357; 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 NPRM, 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 Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
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15:05 Apr 27, 2018
Jkt 244001
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2018–0357; Product Identifier 2018–
NM–035–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM 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 NPRM.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive 2018–0021, dated January 29,
2018 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for certain Dassault
Aviation Model FALCON 2000EX
airplanes. The MCAI states:
The airworthiness limitations for Dassault
Falcon 2000EX aeroplanes, which are
approved by EASA, are currently defined and
published in Aircraft Maintenance Manual
(AMM) Airworthiness Limitations Section
(ALS) Chapter 5–40. These instructions have
been identified as mandatory for continued
airworthiness.
Failure to accomplish these instructions
could result in an unsafe condition [i.e.,
reduced structural integrity of the airplane].
EASA previously issued [EASA] AD 2012–
0157 [which corresponds to FAA AD 2014–
16–12 Amendment 39–17936 (79 FR 52187,
September 3, 2014) (‘‘AD 2014–16–12’’)],
requiring the actions described in Dassault
Falcon 2000EX AMM Chapter 5–40 (DGT
113877) at Revision 07.
Since that [EASA] AD was issued, Dassault
published Revision 11 of Dassault Falcon
2000EX AMM Chapter 5–40 (DGT 113877),
containing new and/or more restrictive
maintenance tasks and introducing (among
other changes) an operational test for Cursor
Control Device.
For the reason described above, this
[EASA] AD retains the requirements of EASA
AD 2012–0157, which is superseded, and
requires accomplishment of the actions
specified in the Dassault Falcon 2000EX
AMM Chapter 5–40 (DGT 113877) at
Revision 11 * * *.
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–2018–
0357.
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18761
Relationship Between Proposed AD and
AD 2014–16–12
This NPRM would not supersede AD
2014–16–12. Rather, we have
determined that a stand-alone AD
would be more appropriate to address
the changes in the MCAI. This NPRM
would require revising the maintenance
or inspection program to incorporate the
new maintenance requirements and
airworthiness limitations.
Accomplishment of the proposed
actions would then terminate all of the
requirements of AD 2014–16–12.
Related Service Information Under 1
CFR Part 51
Dassault Aviation has issued Chapter
5–40, Airworthiness Limitations, DGT
113877, Revision 11, dated November
2017, of the Dassault Falcon 2000EX
Maintenance Manual. This service
information describes instructions
applicable to airworthiness and safe life
limitations. 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 these same
type designs.
This AD requires revisions to certain
operator maintenance documents.
Compliance with these revisions 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
damage tolerance of the affected
structure.
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Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Proposed Rules
Differences Between This Proposed AD
and the MCAI or Service Information
The MCAI specifies that if there are
findings from the airworthiness
limitations section (ALS) inspection
tasks, corrective actions must be
accomplished in accordance with
Dassault Aviation maintenance
documentation. However, this proposed
AD does not include that requirement.
Operators of U.S.-registered airplanes
are required by general airworthiness
and operational regulations to perform
maintenance using methods that are
acceptable to the FAA. We consider
those methods to be adequate to address
any corrective actions necessitated by
the findings of ALS inspections required
by this proposed AD.
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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.
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15:05 Apr 27, 2018
Jkt 244001
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
would apply to Dassault Aviation Model
FALCON 2000EX airplanes with an
original certificate of airworthiness or
original export certificate of
airworthiness that was issued on or
before January 15, 2018 (the effective
date 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 181 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
We have determined that revising the
maintenance or inspection program
takes an average of 90 work-hours per
operator, although we recognize that
this number may vary from operator to
operator. In the past, we have estimated
that this action takes 1 work-hour per
airplane. Since operators incorporate
maintenance or inspection program
changes for their affected fleet(s), we
have determined that a per-operator
estimate is more accurate than a perairplane estimate. Therefore, we
estimate the total cost per operator to be
$7,650 (90 work-hours × $85 per workhour).
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,
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Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
with that order, issuance of ADs is
normally a function of the Compliance
and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes to the Director of the
System Oversight Division.
Regulatory Findings
We determined that this 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
1. The authority citation for part 39
continues to read as follows:
■
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Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Proposed Rules
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–2018–
0357; Product Identifier 2018–NM–035–
AD.
(a) Comments Due Date
We must receive comments by June 14,
2018.
(b) Affected ADs
This AD affects AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010) (‘‘AD 2010–26–05’’) and
AD 2014–16–12 Amendment 39–17936 (79
FR 52187, September 3, 2014) (‘‘AD 2014–
16–12’’).
(c) Applicability
This AD applies to Dassault Aviation
Model FALCON 2000EX airplanes,
certificated in any category; with an original
certificate of airworthiness or original export
certificate of airworthiness issued on or
before January 15, 2018.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time limits/maintenance
checks.
(e) Reason
This AD was prompted by manufacturer
revisions to the airplane maintenance manual
(AMM) that introduce new or more
restrictive maintenance requirements and
airworthiness limitations. We are issuing this
AD to prevent reduced structural integrity of
the airplane.
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(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, DGT 113877,
Revision 11, dated November 2017, of the
Dassault Falcon 2000EX Maintenance
Manual. The initial compliance times for
doing the tasks are at the time specified in
Chapter 5–40, Airworthiness Limitations,
DGT 113877, Revision 11, dated November
2017, of the Dassault Falcon 2000EX
Maintenance Manual, or within 90 days after
the effective date of this AD, whichever
occurs later; except for task number 52–20–
00–610–801–01, the initial compliance time
is within 24 months after October 8, 2014
(the effective date of AD 2014–16–12). The
term ‘‘LDG’’ in the ‘‘First Inspection’’ column
of any table in Chapter 5–40, Airworthiness
Limitations, DGT 113877, Revision 11, dated
November 2017, means total airplane
landings. The term ‘‘FH’’ in the ‘‘First
Inspection’’ column of any table in Chapter
5–40, Airworthiness Limitations, DGT
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113877, Revision 11, dated November 2017,
means total flight hours. The term ‘‘FC’’ in
the ‘‘First Inspection’’ column of any table in
Chapter 5–40, Airworthiness Limitations,
DGT 113877, Revision 11, dated November
2017, means total flight cycles.
(h) No Alternative Actions or Intervals
After the maintenance or inspection
program has been revised as 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.
18763
(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
Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
Issued in Des Moines, Washington, on
April 19, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
(i) Terminating Actions for Other ADs
[FR Doc. 2018–08758 Filed 4–27–18; 8:45 am]
(1) Accomplishing the actions required by
paragraph (g) of this AD terminates all of the
requirements of AD 2014–16–12.
(2) Accomplishing the actions specified in
paragraph (g) of this AD terminates the
requirements of paragraph (g) of AD 2010–
26–05 for Dassault Aviation Model FALCON
2000EX airplanes.
BILLING CODE 4910–13–P
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@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 Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
Dassault Aviation’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
[Docket No. FAA–2018–0291; Airspace
Docket No. 18–AGL–10]
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2018–0021, dated January 29, 2018, 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–2018–0357.
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3226.
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
RIN 2120–AA66
Proposed Amendment of Class E
Airspace; Ionia, MI
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
amend the Class E airspace extending
upward from 700 feet above the surface
at Ionia County Airport, Ionia, MI. The
FAA is proposing this action as a result
of an airspace review due to the
decommissioning of the Lansing VHF
omnidirectional range (VOR) navigation
aid as part of the VOR Minimum
Operational Network (MON) Program.
The geographic coordinates of the
airport would also be updated to
coincide with the FAA’s aeronautical
database.
SUMMARY:
Comments must be received on
or before June 14, 2018.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590; telephone (202)
366–9826, or (800) 647–5527. You must
identify FAA Docket No. FAA–2018–
0291; Airspace Docket No. 18–AGL–10,
at the beginning of your comments. You
may also submit comments through the
internet at https://www.regulations.gov.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
DATES:
E:\FR\FM\30APP1.SGM
30APP1
]]>Agencies
[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Proposed Rules]
[Pages 18760-18763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08758]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0357; Product Identifier 2018-NM-035-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Dassault Aviation Model FALCON 2000EX airplanes. This proposed
AD was prompted by the manufacturer revising the airplane maintenance
[[Page 18761]]
manual (AMM) maintenance requirements and airworthiness limitations.
This proposed AD would require revising the maintenance or inspection
program, as applicable, to incorporate new maintenance requirements and
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 June 14, 2018.
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 service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195.
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-2018-
0357; 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 NPRM, 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 Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0357;
Product Identifier 2018-NM-035-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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 NPRM.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2018-0021, dated January 29, 2018 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model FALCON 2000EX airplanes. The MCAI states:
The airworthiness limitations for Dassault Falcon 2000EX
aeroplanes, which are approved by EASA, are currently defined and
published in Aircraft Maintenance Manual (AMM) Airworthiness
Limitations Section (ALS) Chapter 5-40. These instructions have been
identified as mandatory for continued airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition [i.e., reduced structural integrity of the
airplane].
EASA previously issued [EASA] AD 2012-0157 [which corresponds to
FAA AD 2014-16-12 Amendment 39-17936 (79 FR 52187, September 3,
2014) (``AD 2014-16-12'')], requiring the actions described in
Dassault Falcon 2000EX AMM Chapter 5-40 (DGT 113877) at Revision 07.
Since that [EASA] AD was issued, Dassault published Revision 11
of Dassault Falcon 2000EX AMM Chapter 5-40 (DGT 113877), containing
new and/or more restrictive maintenance tasks and introducing (among
other changes) an operational test for Cursor Control Device.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2012-0157, which is superseded, and requires
accomplishment of the actions specified in the Dassault Falcon
2000EX AMM Chapter 5-40 (DGT 113877) at Revision 11 * * *.
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-2018-
0357.
Relationship Between Proposed AD and AD 2014-16-12
This NPRM would not supersede AD 2014-16-12. Rather, we have
determined that a stand-alone AD would be more appropriate to address
the changes in the MCAI. This NPRM would require revising the
maintenance or inspection program to incorporate the new maintenance
requirements and airworthiness limitations. Accomplishment of the
proposed actions would then terminate all of the requirements of AD
2014-16-12.
Related Service Information Under 1 CFR Part 51
Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, DGT 113877, Revision 11, dated November 2017, of the
Dassault Falcon 2000EX Maintenance Manual. This service information
describes instructions applicable to airworthiness and safe life
limitations. 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 these
same type designs.
This AD requires revisions to certain operator maintenance
documents. Compliance with these revisions 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 damage tolerance of the affected structure.
[[Page 18762]]
Differences Between This Proposed AD and the MCAI or Service
Information
The MCAI specifies that if there are findings from the
airworthiness limitations section (ALS) inspection tasks, corrective
actions must be accomplished in accordance with Dassault Aviation
maintenance documentation. However, this proposed AD does not include
that requirement. Operators of U.S.-registered airplanes are required
by general airworthiness and operational regulations to perform
maintenance using methods that are acceptable to the FAA. We consider
those methods to be adequate to address any corrective actions
necessitated by the findings of ALS inspections required by this
proposed AD.
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 would apply to Dassault Aviation Model
FALCON 2000EX airplanes with an original certificate of airworthiness
or original export certificate of airworthiness that was issued on or
before January 15, 2018 (the effective date 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 181 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.
Regulatory Findings
We determined that this 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:
[[Page 18763]]
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-2018-0357; Product Identifier
2018-NM-035-AD.
(a) Comments Due Date
We must receive comments by June 14, 2018.
(b) Affected ADs
This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952,
December 21, 2010) (``AD 2010-26-05'') and AD 2014-16-12 Amendment
39-17936 (79 FR 52187, September 3, 2014) (``AD 2014-16-12'').
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 2000EX
airplanes, certificated in any category; with an original
certificate of airworthiness or original export certificate of
airworthiness issued on or before January 15, 2018.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.
(e) Reason
This AD was prompted by manufacturer revisions to the airplane
maintenance manual (AMM) that introduce new or more restrictive
maintenance requirements and airworthiness limitations. 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,
DGT 113877, Revision 11, dated November 2017, of the Dassault Falcon
2000EX Maintenance Manual. The initial compliance times for doing
the tasks are at the time specified in Chapter 5-40, Airworthiness
Limitations, DGT 113877, Revision 11, dated November 2017, of the
Dassault Falcon 2000EX Maintenance Manual, or within 90 days after
the effective date of this AD, whichever occurs later; except for
task number 52-20-00-610-801-01, the initial compliance time is
within 24 months after October 8, 2014 (the effective date of AD
2014-16-12). The term ``LDG'' in the ``First Inspection'' column of
any table in Chapter 5-40, Airworthiness Limitations, DGT 113877,
Revision 11, dated November 2017, means total airplane landings. The
term ``FH'' in the ``First Inspection'' column of any table in
Chapter 5-40, Airworthiness Limitations, DGT 113877, Revision 11,
dated November 2017, means total flight hours. The term ``FC'' in
the ``First Inspection'' column of any table in Chapter 5-40,
Airworthiness Limitations, DGT 113877, Revision 11, dated November
2017, means total flight cycles.
(h) No Alternative Actions or Intervals
After the maintenance or inspection program has been revised as
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 Actions for Other ADs
(1) Accomplishing the actions required by paragraph (g) of this
AD terminates all of the requirements of AD 2014-16-12.
(2) Accomplishing the actions specified in paragraph (g) of this
AD terminates the requirements of paragraph (g) of AD 2010-26-05 for
Dassault Aviation Model FALCON 2000EX airplanes.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the 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.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0021, dated January 29, 2018, 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-2018-0357.
(2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3226.
(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 Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195.
Issued in Des Moines, Washington, on April 19, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-08758 Filed 4-27-18; 8:45 am]
BILLING CODE 4910-13-P
