Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Rules and Regulations]
[Pages 82901-82903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28012]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0778; Product Identifier 2020-NM-097-AD; Amendment 
39-21362; AD 2020-26-07]
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) 2019-23-
05, which applied to all Dassault Aviation Model MYSTERE-FALCON 900 
airplanes. AD 2019-23-05 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. This AD continues to require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate those new or more restrictive airworthiness limitations, 
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 January 25, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 25, 
2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
January 13, 2020 (84 FR 67169, December 9, 2019).

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +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 Dassault 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 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-2020-0778.

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-
0778; 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; phone 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 2020-0115, dated May 20, 2020 (EASA 
AD 2020-0115) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Dassault Aviation Model MYSTERE-FALCON 900 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-23-05, Amendment 39-19799 (84 FR 
67169, December 9, 2019) (AD 2019-23-05). AD 2019-23-05 applied to all 
Dassault Aviation Model MYSTERE-FALCON 900 airplanes. The NPRM 
published in the Federal Register on August 19, 2020 (85 FR 50970). The 
NPRM was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. The NPRM proposed to continue 
to require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The NPRM 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 a 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 has considered the comments 
received.

Support for the NPRM

    Ian Reineck indicated support for the NPRM.

Request To Include Actions in the Cost Estimate

    Ian Reineck requested that the cost estimate be revised to include 
structural upkeep per flight hours, rather than solely maintenance work 
hours. The commenter stated this is what determines the core functions 
inside aviation maintenance schedules. The commenter also stated this 
would be inclusive, regardless of operator, but still reflect the cost 
of an average operator's inspection through the quantity of accumulated 
flight time on the airplane. The commenter concluded that, if flight 
time is not presented in the inspection cost, it presents another 
problem: These aircraft may change ownership or operator-ship as they 
age.
    The FAA infers that the commenter is requesting that the FAA 
include the costs in this AD for complying with the actions (e.g., 
inspections) that are specified in the airworthiness limitations 
document referenced in EASA AD 2020-0115. The FAA disagrees because 
those actions are not directly required by this AD. Additionally, the 
FAA does not distribute the costs over time because the cost estimates 
have been

[[Page 82902]]

standardized to include the larger whole cost of the requirement, not 
the more uniform cost per flight hour, which the FAA has determined is 
best to inform the broadest user base. The cost information provided in 
this AD describes only the direct costs of the specific actions 
required by this AD. This AD requires only 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 2020-0115, and provides a 
compliance time to phase in the initial actions. Section 91.403(c) of 
the Federal Aviation Regulations (14 CFR 91.403(c)) requires the 
actions once the maintenance or inspection program is changed. 
Therefore, we have not changed this final rule in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, 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

    EASA AD 2020-0115 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires Chapter 5-40, Airworthiness Limitations, 
Revision 24, dated September 2018, of the Dassault Aviation Falcon 900 
Maintenance Manual, which the Director of the Federal Register approved 
for incorporation by reference as of January 13, 2020 (84 FR 67169, 
December 9, 2019).
    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 105 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 2019-23-05 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. In the past, the agency 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

    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) 2019-23-05, Amendment 39-19799 
(84 FR 67169, December 9, 2019), and
0
b. Adding the following new AD:

2020-26-07 Dassault Aviation: Amendment 39-21362; Docket No. FAA-
2020-0778; Product Identifier 2020-NM-097-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective January 25, 2021.

(b) Affected ADs

    (1) This AD replaces AD 2019-23-05, Amendment 39-19799 (84 FR 
67169, December 9, 2019) (AD 2019-23-05).
    (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 all Dassault Aviation Model MYSTERE-FALCON 
900 airplanes, certificated in any category.

(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 Revision of Existing Maintenance or Inspection Program, 
With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2019-23-05, with no changes. Within 90 days after January 13, 2020 
(the effective date of AD 2019-23-05), revise the existing 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Chapter 5-40,

[[Page 82903]]

Airworthiness Limitations, Revision 24, dated September 2018, of the 
Dassault Aviation Falcon 900 Maintenance Manual. The initial 
compliance times for doing the tasks are at the times specified in 
Chapter 5-40, Airworthiness Limitations, Revision 24, dated 
September 2018, of the Dassault Aviation Falcon 900 Maintenance 
Manual, or within 90 days after January 13, 2020, whichever occurs 
later. The term ``LDG'' in the ``First Inspection'' column of any 
table in the service information specified in this paragraph means 
total airplane landings. The term ``FH'' in the ``First Inspection'' 
column of any table in the service information specified in this 
paragraph means total flight hours. The term ``FC'' in the ``First 
Inspection'' column of any table in the service information 
specified in this paragraph means total flight cycles. The term 
``M'' in the ``First Inspection'' column of any table in the service 
information specified in this paragraph means months since the date 
of issuance of the original airworthiness certificate or the date of 
issuance of the original export certificate of airworthiness. 
Accomplishing the maintenance or inspection program revision 
required by paragraph (i) of this AD terminates the requirements of 
this paragraph.

(h) Retained Restrictions on Alternative Actions or Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-23-05, with a new exception. Except as required by paragraph 
(i) of this AD, after the existing 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, European Union Aviation Safety Agency (EASA) AD 
2020-0115, dated May 20, 2020 (EASA AD 2020-0115). 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 2020-0115

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0115 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0115 specifies revising ``the 
approved AMP'' 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 2020-0115 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 2020-0115 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0115, 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 2020-0115 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0115 does not apply 
to this AD.

(k) New Provisions for Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (i) of this AD, no alternative actions (e.g., 
inspections) or intervals are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2020-0115.

(l) Terminating Actions for Certain Requirements 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 MYSTERE-FALCON 900 airplanes.

(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 responsible Flight 
Standards 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].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2019-23-05 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0115 that are 
required by paragraph (i) of this AD.
    (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; phone 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 
January 25, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0115, 
dated May 20, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
January 13, 2020 (84 FR 67169, December 9, 2019).
    (i) Chapter 5-40, Airworthiness Limitations, Revision 24, dated 
September 2018, of the Dassault Aviation Falcon 900 Maintenance 
Manual.
    (ii) [Reserved]
    (5) For EASA AD 2020-0115, 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, contact Dassault Falcon 
Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, 
NJ 07606; phone: 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-2020-0778.
    (7) 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 December 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-28012 Filed 12-18-20; 8:45 am]
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