Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6744-6746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02199]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0860; Product Identifier 2019-NM-123-AD; Amendment 
39-19827; AD 2020-02-13]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-03-
14, which applied to certain Dassault Aviation Model FAN JET FALCON, 
FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD 2019-03-14 
required revising the existing maintenance or inspection program, as 
applicable, to incorporate new maintenance requirements and 
airworthiness limitations. This AD continues to require, and adds new 
requirements for, revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. This AD was prompted by a determination that 
new or more restrictive airworthiness limitations are necessary. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 12, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 12, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
8, 2019 (84 FR 7269, March 4, 2019).

ADDRESSES: For service information identified in this final rule, 
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 
2000, South Hackensack, NJ 07606; telephone 201-440-6700; internet 
https://www.dassaultfalcon.com. You may view this referenced 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-2019-0860.

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-2019-
0860; 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 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; telephone and fax 206-231-3226; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2019-0142, dated June 17, 2019 (``EASA AD 2019-0142'') (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct

[[Page 6745]]

an unsafe condition for certain Dassault Aviation Model FAN JET FALCON, 
FAN JET FALCON SERIES C, D, E, F, and G airplanes. 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-2019-0860.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-03-14, Amendment 39-19566 (84 FR 7269, 
March 4, 2019) (``AD 2019-03-14''). AD 2019-03-14 applied to certain 
Dassault Aviation Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, 
F, and G airplanes. The NPRM published in the Federal Register on 
November 4, 2019 (84 FR 59315). The NPRM was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. The NPRM proposed continue to require, and adds new 
requirements for, revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. The FAA is issuing this AD to address, among 
other things, fatigue cracking and damage in principal structural 
elements; such fatigue cracking and damage could result in reduced 
structural integrity of the airplane. See the MCAI for additional 
background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA 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. The FAA has determined that these 
minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40-01, Airworthiness 
Limitations, Revision 10, effective January 1, 2019, of the Dassault 
Aviation Falcon 20 Maintenance Manual, specifically for aircraft that 
have incorporated the supplemental structural inspection program 
(SSIP). This service information describes airworthiness limitations 
for safe life limits.
    This AD also requires Chapter 5-40-01, Airworthiness Limitations, 
DMD 44729, Revision 9, dated November 29, 2017, of the Dassault 
Aviation Falcon 20 Maintenance Manual, which the Director of the 
Federal Register approved for incorporation by reference as of April 8, 
2019 (84 FR 7269, March 4, 2019).
    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

    The FAA estimates that this AD affects 61 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-03-14 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
FAA recognizes that this number may vary from operator to operator. In 
the past, the FAA has estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate. The 
FAA estimates the total cost per operator for the new actions 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.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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 removing Airworthiness Directive (AD) 
2019-03-14, Amendment 39-19566 (84 FR 7269, March 4, 2019), and adding 
the following new AD:

2020-02-13 Dassault Aviation: Amendment 39-19827; Docket No. FAA-
2019-0860; Product Identifier 2019-NM-123-AD.

(a) Effective Date

    This AD is effective March 12, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2019-03-14, Amendment 39-19566 (84 FR 
7269, March 4, 2019) (``AD 2019-03-14'').
    (2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 
79952, December 21, 2010) (``AD 2010-26-05'').

(c) Applicability

    This AD applies to Dassault Aviation Model FAN JET FALCON, FAN 
JET FALCON SERIES C, D, E, F, and G airplanes, certificated in any 
category, on which the supplemental structural inspection program 
(SSIP) has been incorporated into the airplane's maintenance 
program.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

[[Page 6746]]

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address, among other things, fatigue cracking and 
damage in principal structural elements; such fatigue cracking and 
damage could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Retained Revision, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-03-14, with no changes. Within 90 days after April 8, 2019 (the 
effective date of AD 2019-03-14), revise the existing maintenance or 
inspection program, as applicable, to incorporate the information 
specified in Chapter 5-40-01, Airworthiness Limitations, DMD 44729, 
Revision 9, dated November 29, 2017, of the Dassault Aviation Falcon 
20 Maintenance Manual. The initial compliance time for doing the 
tasks is at the time specified in Chapter 5-40-01, Airworthiness 
Limitations, DMD 44729, Revision 9, dated November 29, 2017, of the 
Dassault Aviation Falcon 20 Maintenance Manual, or within 90 days 
after April 8, 2019 (the effective date of AD 2019-03-14), whichever 
occurs later. Where the threshold column in the table in paragraph 
B, Mandatory Maintenance Operations, of Chapter 5-40-01, 
Airworthiness Limitations, DMD 44729, Revision 9, dated November 29, 
2017, of the Dassault Aviation Falcon 20 Maintenance Manual 
specifies a compliance time in years, those compliance times start 
from the date of issuance of the original airworthiness certificate 
or date of issuance of the original export certificate of 
airworthiness.

(h) Retained Requirement of No Alternative Actions or Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-03-14, with a new exception. Except as required by paragraph 
(i) of this AD, after accomplishing the revision required by 
paragraph (g) of this AD, no alternative actions (e.g., inspections) 
or intervals may be used unless the actions and intervals are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (l)(1) of this AD.

(i) New Requirement of This AD: Maintenance or Inspection Program 
Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Chapter 5-40-01, 
Airworthiness Limitations, Revision 10, effective January 1, 2019, 
of the Dassault Aviation Falcon 20 Maintenance Manual. The initial 
compliance time for doing the tasks is at the time specified in 
Chapter 5-40-01, Airworthiness Limitations, Revision 10, effective 
January 1, 2019, of the Dassault Aviation Falcon 20 Maintenance 
Manual, or within 90 days after the effective date of this AD, 
whichever occurs later. Where the threshold column in the table in 
paragraph B, Mandatory Maintenance Operations, of Chapter 5-40-01, 
Airworthiness Limitations, Revision 10, dated January 1, 2019, of 
the Dassault Aviation Falcon 20 Maintenance Manual specifies a 
compliance time in years, those compliance times start from the date 
of issuance of the original airworthiness certificate or the 
original export certificate of airworthiness. Accomplishing the 
actions required by this paragraph terminates the actions required 
by paragraph (g) of this AD.

(j) New No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an AMOC in accordance with the 
procedures specified in paragraph (l)(1) of this AD.

(k) Terminating Actions for Certain Actions in AD 2010-26-05

    Accomplishing the actions required by paragraph (g) or (i) of 
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model FAN JET FALCON, FAN JET FALCON 
SERIES C, D, E, F, and G airplanes.

(l) 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 (m)(2) of this AD. Information 
may be emailed to [email protected].
    (i) 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.
    (ii) AMOCs approved previously for AD 2019-03-14 are approved as 
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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 Union 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2019-0142, dated June 17, 2019 (``EASA AD 2019-
0142''), 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-2019-0860.
    (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; email [email protected].

(n) 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.
    (3) The following service information was approved for IBR on 
March 12, 2020.
    (i) Chapter 5-40-01, Airworthiness Limitations, Revision 10, 
effective January 1, 2019, of the Dassault Aviation Falcon 20 
Maintenance Manual.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
April 8, 2019 (84 FR 7269, March 4, 2019).
    (i) Chapter 5-40-01, Airworthiness Limitations, DMD 44729, 
Revision 9, dated November 29, 2017, of the Dassault Aviation Falcon 
20 Maintenance Manual.
    (ii) [Reserved]
    (5) 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.
    (6) 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.
    (7) 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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 23, 2020.
Gaetano A. Sciortino,
 Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-02199 Filed 2-5-20; 8:45 am]
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