Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Rules and Regulations]
[Pages 69142-69144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24098]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0678; Product Identifier 2020-NM-098-AD; Amendment 
39-21292; AD 2020-21-19]
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) 2019-24-
11, which applied to certain Dassault Aviation Model FALCON 900EX 
airplanes. AD 2019-24-11 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. This AD continues to require 
those maintenance or inspection program revisions, and also requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate additional new or more restrictive airworthiness 
limitations; as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. 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 December 7, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 7, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
January 24, 2020 (84 FR 69997, December 20, 2019).

ADDRESSES: For the EASA material incorporated by reference (IBR) in 
this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu.
    For the Dassault 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 IBR material at the FAA, Airworthiness Products 
Section, Operational Safety 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 in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-0678.

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-2020-
0678; 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, 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, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax: 206-231-3226; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0116, dated May 20, 2020 
(``EASA AD 2020-0116'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Dassault Aviation Model FALCON 900EX airplanes. 
EASA AD 2020-0116 superseded EASA AD 2019-0133 (which corresponds to 
FAA AD 2019-24-11, Amendment 39-19814 (84 FR 69997, December 20, 2019) 
(``AD 2019-24-11'')).
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-24-11. AD 2019-24-11 applied to 
certain Dassault Aviation Model FALCON 900EX airplanes. The NPRM 
published in the Federal Register on August 3, 2020 (85 FR 46563). The 
NPRM was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. The NPRM proposed to continue 
to require the maintenance or inspection program revisions required by 
AD 2019-24-11, and also proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate 
additional new or more restrictive airworthiness limitations, as 
specified in an EASA AD.
    The FAA is issuing this AD to address 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 IBR Material Under 1 CFR Part 51

    EASA AD 2020-0116 describes new or more restrictive maintenance 
tasks and airworthiness limitations.
    This AD also requires Chapter 5-40, Airworthiness Limitations, 
Revision 16, dated September 2018, of the Dassault FALCON 900EX 
Maintenance Manual, which the Director of the Federal Register approved 
for incorporation by reference as of January 24, 2020 (84 FR 69997, 
December 20, 2019).

[[Page 69143]]

    This material 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 72 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 2019-24-11 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. 
Therefore, 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

    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:
0
a. Removing Airworthiness Directive (AD) 2019-24-11, Amendment 39-19814 
(84 FR 69997, December 20, 2019), and
0
b. Adding the following new AD:

2020-21-19 Dassault Aviation: Amendment 39-21292; Docket No. FAA-
2020-0678; Product Identifier 2020-NM-098-AD.

(a) Effective Date

    This AD is effective December 7, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2019-24-11, Amendment 39-19814 (84 FR 
69997, December 20, 2019) (``AD 2019-24-11'').
    (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 FALCON 900EX 
airplanes, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2020-0116, dated May 20, 2020 
(``EASA AD 2020-0116'').

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address reduced structural integrity of the 
airplane.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, with No 
Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2019-24-11, with no changes. Within 90 days after January 24, 2020 
(the effective date AD 2019-24-11), revise the existing maintenance 
or inspection program, as applicable, to incorporate the information 
specified in Chapter 5-40, Airworthiness Limitations, Revision 16, 
dated September 2018, of the Dassault FALCON 900EX Maintenance 
Manual. The initial compliance times for accomplishing the actions 
are at the times specified in Chapter 5-40, Airworthiness 
Limitations, Revision 16, dated September 2018, or 90 days after 
January 24, 2020, whichever occurs later, except as provided by 
paragraphs (g)(1) through (4) of this AD. Accomplishing the 
maintenance or inspection program revision required by paragraph (i) 
of this AD terminates the requirements of this paragraph.
    (1) The term ``LDG'' in the ``First Inspection'' column of any 
table in the service information means total airplane landings.
    (2) The term ``FH'' in the ``First Inspection'' column of any 
table in the service information means total flight hours.
    (3) The term ``FC'' in the ``First Inspection'' column of any 
table in the service information means total flight cycles.
    (4) The term ``M'' in the ``First Inspection'' column of any 
table in the service information means months since the date of 
issuance of the original airworthiness certificate or the date of 
issuance of the original export certificate of airworthiness.

(h) Retained Restrictions on Alternative Actions and Intervals, with a 
New Exception

    This paragraph restates the requirements of paragraph (j) of AD 
2019-24-11, with a new exception. Except as required by paragraph 
(i) of this AD, 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 (m)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2020-0116. Accomplishing the maintenance or 
inspection program revision required by this paragraph terminates 
the requirements of paragraph (g) of this AD.

(j) Exceptions to EASA AD 2020-0116

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0116 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0116 specifies revising ``the 
approved AMP''

[[Page 69144]]

within 12 months after its effective date, but this AD requires 
revising the existing maintenance or inspection program, as 
applicable, to incorporate the ``limitations, tasks and associated 
thresholds and intervals'' specified in paragraph (3) of EASA AD 
2020-0116 within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2020-0116 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0116, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2020-0116 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0116 does not apply 
to this AD.

(k) New Provisions for Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (i) of this AD, no alternative actions (e.g., 
inspections) and intervals are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2020-0116.

(l) 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 FALCON 900EX airplanes, serial 
numbers 1 through 96 inclusive, and serial numbers 98 through 119 
inclusive.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (n) of this AD. Information may be emailed to: [email protected].
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Dassault 
Aviation's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(n) Related Information

    For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226; email [email protected].

(o) 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 
December 7, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0116, 
dated May 20, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
January 24, 2020 (84 FR 69997, December 20, 2019).
    (i) Chapter 5-40, Airworthiness Limitations, Revision 16, dated 
September 2018, of the Dassault FALCON 900EX Maintenance Manual.
    (ii) [Reserved]
    (5) For EASA AD 2020-0116, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (6) For Dassault 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.
    (7) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195. This material may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2020-0678.
    (8) You may view this material 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 October 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-24098 Filed 10-30-20; 8:45 am]
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