Airworthiness Directives; Dassault Aviation Airplanes, 6059-6062 [2019-03122]
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Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Rules and Regulations
ADAMS Accession No./
Web link/Federal
Register Citation
Document
Letter from Holtec International dated November 19, 2018, Submitting Request for Amendment No. 13 to Certificate of Compliance No. 1014 .............................................................................................................................
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Certificate of Compliance for Spent Fuel
Storage Casks ........................................................................................................................................................
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical Specifications, Appendix A ...........
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical Specifications, Appendix B ...........
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical Specifications, Appendix A–100U
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical Specifications, Appendix B–100U
Certificate of Compliance No. 1014 Amendment No. 13, Preliminary Safety Evaluation Report ............................
The NRC may post materials related
to this document, including public
comments, on the Federal Rulemaking
website at https://www.regulations.gov
under Docket ID NRC–2019–0030. The
Federal Rulemaking website allows you
to receive alerts when changes or
additions occur in a docket folder. To
subscribe: (1) Navigate to the docket
folder (NRC–2019–0030); (2) click the
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enter your email address and select how
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List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures,
Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is adopting the
following amendments to 10 CFR part
72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
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,
VerDate Sep<11>2014
15:57 Feb 25, 2019
Jkt 247001
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
2. In § 72.214, Certificate of
Compliance 1014 is revised to read as
follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1014.
Initial Certificate Effective Date: May
31, 2000.
Amendment Number 1 Effective Date:
July 15, 2002.
Amendment Number 2 Effective Date:
June 7, 2005.
Amendment Number 3 Effective Date:
May 29, 2007.
Amendment Number 4 Effective Date:
January 8, 2008.
Amendment Number 5 Effective Date:
July 14, 2008.
Amendment Number 6 Effective Date:
August 17, 2009.
Amendment Number 7 Effective Date:
December 28, 2009.
Amendment Number 8 Effective Date:
May 2, 2012, as corrected on November
16, 2012 (ADAMS Accession No.
ML12213A170); superseded by
Amendment 8, Revision 1 Effective
Date: February 16, 2016.
Amendment Number 8, Revision 1
Effective Date: February 16, 2016.
Amendment Number 9 Effective Date:
March 11, 2014, superseded by
Amendment Number 9, Revision 1, on
March 21, 2016.
Amendment Number 9, Revision 1,
Effective Date: March 21, 2016, as
corrected (ADAMS Accession No.
ML17236A451).
Amendment Number 10 Effective
Date: May 31, 2016, as corrected
(ADAMS Accession No. ML17236A452).
Amendment Number 11 Effective
Date: February 25, 2019.
Amendment Number 12 Effective
Date: February 25, 2019.
Amendment Number 13 Effective
Date: May 13, 2019.
Safety Analysis Report (SAR)
Submitted by: Holtec International.
SAR Title: Final Safety Analysis
Report for the HI-STORM 100 Cask
System.
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ML18325A154
ML18351A173
ML18351A174
ML18351A175
ML18351A176
ML18351A177
ML18351A178
Docket Number: 72–1014.
Certificate Expiration Date: May 31,
2020.
Model Number: HI-STORM 100.
*
*
*
*
*
Dated at Rockville, Maryland, this 14th day
of February, 2019.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2019–02886 Filed 2–25–19; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0643; Product
Identifier 2018–NM–084–AD; Amendment
39–19572; AD 2019–03–20]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Dassault Aviation Model FALCON 7X
airplanes. This AD was prompted by a
determination that new and more
restrictive maintenance requirements
and airworthiness limitations are
necessary. This AD requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new and more restrictive maintenance
requirements and airworthiness
limitations for airplane structures and
systems. We are issuing this AD to
address the unsafe condition on these
products.
DATES: This AD is effective April 2,
2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 2, 2019.
SUMMARY:
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Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Rules and Regulations
For service information
identified in this final rule, contact
Dassault Falcon Jet Corporation,
Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; phone: 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.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2018–
0643.
ADDRESSES:
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–
0643; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations (phone: 800–647–5527) is
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
phone and fax: 206–231–3226.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Dassault Aviation
Model FALCON 7X airplanes. The
NPRM published in the Federal
Register on August 10, 2018 (83 FR
39630). The NPRM was prompted by a
determination that new and more
restrictive maintenance requirements
and airworthiness limitations are
necessary. The NPRM proposed to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new and more
restrictive maintenance requirements
and airworthiness limitations for
airplane structures and systems.
We issued a supplemental NPRM
(SNPRM) to amend 14 CFR part 39 by
adding an AD that would apply to
certain Dassault Aviation Model
FALCON 7X airplanes. The SNPRM
published in the Federal Register on
VerDate Sep<11>2014
15:57 Feb 25, 2019
Jkt 247001
November 15, 2018 (83 FR 57364). We
issued the SNPRM to require the
incorporation of revised and more
restrictive airworthiness limitations
than those proposed in the NRPM.
We are issuing this AD to address
reduced structural integrity and reduced
control of airplanes due to the failure of
system components.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2018–0101,
dated May 3, 2018 (referred to after this
as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Dassault Aviation Model
FALCON 7X airplanes. The MCAI
states:
The airworthiness limitations and
certification maintenance instructions for
Dassault Falcon 7X aeroplanes, which are
approved by EASA, are currently defined and
published in Dassault Falcon 7X AMM
[airplane maintenance manual], Chapter 5–
40. These instructions have been identified
as mandatory for continued airworthiness.
Failure to accomplish these instructions
could result in an unsafe condition [i.e.,
reduced structural integrity and reduced
control of these airplanes due to the failure
of system components].
Previously, EASA issued AD 2015–0095
[which corresponds to FAA AD 2016–16–09,
Amendment 39–18607 (81 FR 52752, August
10, 2016) (‘‘AD 2016–16–09’’)] to require
accomplishment of the maintenance tasks,
and implementation of the airworthiness
limitations, as specified in Dassault Falcon
7X AMM, Chapter 5–40, at Revision 4.
Since that [EASA] AD was issued, Dassault
issued the ALS [airworthiness limitations
section], which introduces new and more
restrictive maintenance requirements and/or
airworthiness limitations.
For the reason described above, this
[EASA] AD retains the requirements of EASA
AD 2015–0095, which is superseded, and
requires accomplishment of the actions
specified in the ALS.
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–
0643.
Comments
We gave the public the opportunity to
participate in developing this final rule.
We received no comments on the
SNPRM or on the determination of the
cost to the public.
Conclusion
We reviewed the relevant data and
determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. We have determined
that these minor changes:
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• Are consistent with the intent that
was proposed in the SNPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the SNPRM.
Related Service Information Under 1
CFR Part 51
Dassault Aviation has issued Chapter
5–40–00, Airworthiness Limitations,
DGT 107838, Revision 7, dated August
24, 2018, of the Dassault Falcon 7X
Maintenance Manual (MM). This service
information introduces new and more
restrictive maintenance requirements
and airworthiness limitations for
airplane structures and systems. This
service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 67
airplanes of U.S. registry. We estimate
the following costs to comply with this
AD:
We have determined that revising the
existing maintenance or inspection
program takes an average of 90 workhours 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 ×
$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
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Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Rules and Regulations
products identified in this rulemaking
action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes and associated appliances to
the Director of the System Oversight
Division.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2019–03–20 Dassault Aviation:
Amendment 39–19572; Docket No.
FAA–2018–0643; Product Identifier
2018–NM–084–AD.
15:57 Feb 25, 2019
This AD is effective April 2, 2019.
(b) Affected ADs
This AD affects AD 2014–16–23,
Amendment 39–17947 (79 FR 52545,
September 4, 2014) (‘‘AD 2014–16–23’’) and
AD 2016–16–09, Amendment 39–18607 (81
FR 52752, August 10, 2016) (‘‘AD 2016–16–
09’’).
(c) Applicability
This AD applies to Dassault Aviation
Model FALCON 7X airplanes, certificated in
any category, with an original certificate of
airworthiness or original export certificate of
airworthiness issued on or before August 24,
2018.
Note 1 to paragraph (c) of this AD: Model
FALCON 7X airplanes with modifications
M1000 and M1254 incorporated are
commonly referred to as ‘‘Model FALCON
8X’’ airplanes as a marketing designation.
(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 and more restrictive maintenance
requirements and airworthiness limitations
are necessary. We are issuing this AD to
address reduced structural integrity and
reduced control of airplanes due to the
failure of system components.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Revise the Existing Maintenance or
Inspection Program
Within 90 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, by
incorporating the information specified in
Chapter 5–40–00, Airworthiness Limitations,
DGT 107838, Revision 7, dated August 24,
2018, of the Dassault Falcon 7X Maintenance
Manual (MM). The initial compliance times
for the tasks specified in Chapter 5–40–00,
Airworthiness Limitations, DGT 107838,
Revision 7, dated August 24, 2018, of the
Dassault Falcon 7X MM are at the applicable
compliance times specified in Chapter 5–40–
00, Airworthiness Limitations, DGT 107838,
Revision 7, dated August 24, 2018, of the
Dassault Falcon 7X MM, or within 90 days
after the effective date of this AD, whichever
occurs later.
(h) Terminating Action for Other ADs
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
VerDate Sep<11>2014
(a) Effective Date
Jkt 247001
(1) Accomplishing the actions required by
paragraph (g) of this AD terminates the
requirements of paragraph (q) of AD 2014–
16–23.
(2) Accomplishing the actions required by
paragraph (g) of this AD terminates all
requirements of AD 2016–16–09.
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6061
(i) No Alternative Actions, Intervals, and
Critical Design Configuration Control
Limitations (CDCCLs)
After the maintenance or inspection
program, as applicable, has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections),
intervals, or CDCCLs may be used unless the
actions, intervals, and CDCCLs are approved
as an alternative method of compliance
(AMOC) in accordance with the procedures
specified in paragraph (j)(1) of this AD.
(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.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2018–0101, dated May 3, 2018, for related
information. This MCAI may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2018–0643.
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–231–
3226.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Chapter 5–40–00, Airworthiness
Limitations, DGT 107838, Revision 7, dated
August 24, 2018, of the Dassault Falcon 7X
Maintenance Manual (MM).
(ii) [Reserved]
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(3) For service information identified in
this AD, contact Dassault Falcon Jet
Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; phone:
201–440–6700; internet: https://
www.dassaultfalcon.com.
(4) 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on
February 14, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–03122 Filed 2–25–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0964; Product
Identifier 2018–NM–127–AD; Amendment
39–19571; AD 2019–03–19]
RIN 2120–AA64
Airworthiness Directives; Saab AB,
Saab Aeronautics (Formerly Known as
Saab AB, Saab Aerosystems)
Airplanes
Linko¨ping, Sweden; telephone +46 13
18 5591; fax +46 13 18 4874; email
saab2000.techsupport@saabgroup.com;
internet https://www.saabgroup.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. It is also available
on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0964.
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–
0964; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations (phone: 800–647–5527) is
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Shahram Daneshmandi, Aerospace
Engineer, International Section,
Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3220.
SUPPLEMENTARY INFORMATION:
AGENCY:
Discussion
We are adopting a new
airworthiness directive (AD) for all Saab
AB, Saab Aeronautics Model SAAB
2000 airplanes. This AD was prompted
by reports that certain fuel probes
indicated misleading fuel quantities on
the engine indicating and crew alerting
system (EICAS). This AD requires a
functional check of certain fuel probes,
and replacement with a serviceable part
if necessary. We are issuing this AD to
address the unsafe condition on these
products.
DATES: This AD is effective April 2,
2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 2, 2019.
ADDRESSES: For service information
identified in this final rule, contact Saab
AB, Saab Aeronautics, SE–581 88,
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Saab AB, Saab Aeronautics
Model SAAB 2000 airplanes. The NPRM
published in the Federal Register on
November 26, 2018 (83 FR 60374). The
NPRM was prompted by reports that
certain fuel probes indicated misleading
fuel quantities on the EICAS. The NPRM
proposed to require a functional check
of certain fuel probes, and replacement
with a serviceable part if necessary.
We are issuing this AD to address
deteriorated capacity of the fuel probes,
which could lead to incorrect fuel
reading, possibly resulting in fuel
starvation and uncommanded engine inflight shutdown, and consequent
reduced control of the airplane.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive 2018–0187, dated August 29,
2018 (referred to after this as the
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY:
VerDate Sep<11>2014
15:57 Feb 25, 2019
Jkt 247001
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Fmt 4700
Sfmt 4700
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Saab AB,
Saab Aeronautics Model SAAB 2000
airplanes. The MCAI states:
Occurrences were reported that certain fuel
probes, installed on SAAB 2000 aeroplanes,
indicated misleading fuel quantities on the
engine indicating and crew alerting system
(EICAS). The investigation results suggest
that this may be an aging phenomenon,
leading to deteriorated capacity of the fuel
probes.
This condition, if not detected and
corrected, could lead to incorrect fuel
reading, possibly resulting in fuel starvation
and uncommanded engine in-flight shutdown, with consequent reduced control of
the aeroplane.
To address this potential unsafe condition,
SAAB issued the SB [service bulletin] to
provide instructions for a functional check.
For the reason described above, this
[EASA] AD requires a one-time functional
check of the fuel quantity system and the fuel
low level EICAS warnings to determine
whether any affected parts are out of
tolerance and, depending on findings,
replacement of those affected parts.
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–
0964.
Comments
We gave the public the opportunity to
participate in developing this final rule.
We received no comments on the NPRM
or on the determination of the cost to
the public.
Clarification of Paragraph (g)(2) of This
AD
We have removed the words ‘‘has
reached’’ from the definition in
paragraph (g)(2) of this AD for clarity
and to match the MCAI.
Conclusion
We reviewed the relevant data and
determined that air safety and the
public interest require adopting this
final rule with the change described
previously and minor editorial changes.
We have determined that these minor
changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
E:\FR\FM\26FER1.SGM
26FER1
Agencies
[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Rules and Regulations]
[Pages 6059-6062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03122]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0643; Product Identifier 2018-NM-084-AD; Amendment
39-19572; AD 2019-03-20]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a
determination that new and more restrictive maintenance requirements
and airworthiness limitations are necessary. This AD requires revising
the existing maintenance or inspection program, as applicable, to
incorporate new and more restrictive maintenance requirements and
airworthiness limitations for airplane structures and systems. We are
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective April 2, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 2,
2019.
[[Page 6060]]
ADDRESSES: For service information identified in this final rule,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; phone: 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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0643.
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-
0643; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3226.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Dassault Aviation
Model FALCON 7X airplanes. The NPRM published in the Federal Register
on August 10, 2018 (83 FR 39630). The NPRM was prompted by a
determination that new and more restrictive maintenance requirements
and airworthiness limitations are necessary. The NPRM proposed to
require revising the existing maintenance or inspection program, as
applicable, to incorporate new and more restrictive maintenance
requirements and airworthiness limitations for airplane structures and
systems.
We issued a supplemental NPRM (SNPRM) to amend 14 CFR part 39 by
adding an AD that would apply to certain Dassault Aviation Model FALCON
7X airplanes. The SNPRM published in the Federal Register on November
15, 2018 (83 FR 57364). We issued the SNPRM to require the
incorporation of revised and more restrictive airworthiness limitations
than those proposed in the NRPM.
We are issuing this AD to address reduced structural integrity and
reduced control of airplanes due to the failure of system components.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0101, dated May 3, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Dassault Aviation Model FALCON 7X
airplanes. The MCAI states:
The airworthiness limitations and certification maintenance
instructions for Dassault Falcon 7X aeroplanes, which are approved
by EASA, are currently defined and published in Dassault Falcon 7X
AMM [airplane maintenance manual], Chapter 5-40. These instructions
have been identified as mandatory for continued airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition [i.e., reduced structural integrity and reduced
control of these airplanes due to the failure of system components].
Previously, EASA issued AD 2015-0095 [which corresponds to FAA
AD 2016-16-09, Amendment 39-18607 (81 FR 52752, August 10, 2016)
(``AD 2016-16-09'')] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in Dassault Falcon 7X AMM, Chapter 5-40, at Revision 4.
Since that [EASA] AD was issued, Dassault issued the ALS
[airworthiness limitations section], which introduces new and more
restrictive maintenance requirements and/or airworthiness
limitations.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2015-0095, which is superseded, and requires
accomplishment of the actions specified in the ALS.
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-
0643.
Comments
We gave the public the opportunity to participate in developing
this final rule. We received no comments on the SNPRM or on the
determination of the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed,
except for minor editorial changes. We have determined that these minor
changes:
Are consistent with the intent that was proposed in the
SNPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the SNPRM.
Related Service Information Under 1 CFR Part 51
Dassault Aviation has issued Chapter 5-40-00, Airworthiness
Limitations, DGT 107838, Revision 7, dated August 24, 2018, of the
Dassault Falcon 7X Maintenance Manual (MM). This service information
introduces new and more restrictive maintenance requirements and
airworthiness limitations for airplane structures and systems. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 67 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
We have determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although we recognize that this number may vary from operator to
operator. In the past, we have estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), we have
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, we estimate the total cost per operator
to be $7,650 (90 work-hours x $85 per work-hour).
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
[[Page 6061]]
products identified in this rulemaking action.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2019-03-20 Dassault Aviation: Amendment 39-19572; Docket No. FAA-
2018-0643; Product Identifier 2018-NM-084-AD.
(a) Effective Date
This AD is effective April 2, 2019.
(b) Affected ADs
This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR 52545,
September 4, 2014) (``AD 2014-16-23'') and AD 2016-16-09, Amendment
39-18607 (81 FR 52752, August 10, 2016) (``AD 2016-16-09'').
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, with an original certificate of
airworthiness or original export certificate of airworthiness issued
on or before August 24, 2018.
Note 1 to paragraph (c) of this AD: Model FALCON 7X airplanes
with modifications M1000 and M1254 incorporated are commonly
referred to as ``Model FALCON 8X'' airplanes as a marketing
designation.
(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 and more
restrictive maintenance requirements and airworthiness limitations
are necessary. We are issuing this AD to address reduced structural
integrity and reduced control of airplanes due to the failure of
system components.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revise the Existing Maintenance or Inspection Program
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, by
incorporating the information specified in Chapter 5-40-00,
Airworthiness Limitations, DGT 107838, Revision 7, dated August 24,
2018, of the Dassault Falcon 7X Maintenance Manual (MM). The initial
compliance times for the tasks specified in Chapter 5-40-00,
Airworthiness Limitations, DGT 107838, Revision 7, dated August 24,
2018, of the Dassault Falcon 7X MM are at the applicable compliance
times specified in Chapter 5-40-00, Airworthiness Limitations, DGT
107838, Revision 7, dated August 24, 2018, of the Dassault Falcon 7X
MM, or within 90 days after the effective date of this AD, whichever
occurs later.
(h) Terminating Action for Other ADs
(1) Accomplishing the actions required by paragraph (g) of this
AD terminates the requirements of paragraph (q) of AD 2014-16-23.
(2) Accomplishing the actions required by paragraph (g) of this
AD terminates all requirements of AD 2016-16-09.
(i) No Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)
After the maintenance or inspection program, as applicable, has
been revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs may be used unless
the actions, intervals, and CDCCLs are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (j)(1) of this AD.
(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-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
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 2018-0101, dated May 3, 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-2018-0643.
(2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax: 206-231-3226.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Chapter 5-40-00, Airworthiness Limitations, DGT 107838,
Revision 7, dated August 24, 2018, of the Dassault Falcon 7X
Maintenance Manual (MM).
(ii) [Reserved]
[[Page 6062]]
(3) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; phone: 201-440-6700; internet: https://www.dassaultfalcon.com.
(4) 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on February 14, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-03122 Filed 2-25-19; 8:45 am]
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