Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Rules and Regulations]
[Pages 12802-12804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04340]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1111; Product Identifier MCAI-2020-01374-T; 
Amendment 39-21442; AD 2021-04-20]
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: The FAA is superseding Airworthiness Directive (AD) 2018-24-
03, which applied to all Dassault Aviation Model Falcon 10 airplanes. 
AD 2018-24-03 required revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
maintenance requirements and airworthiness limitations. This AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations; as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective April 9, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 9, 
2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
January 4, 2019 (83 FR 61523, November 30, 2018).

ADDRESSES: For 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 Dassault Aviation 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 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-2020-1111.

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-
1111; 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:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0215, dated October 6, 2020 
(EASA AD 2020-0215) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Dassault Aviation Model Falcon 10 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-24-03, Amendment 39-19507 (83 FR 
61523, November 30, 2018) (AD 2018-24-03). AD 2018-24-03 applied to all 
Dassault Aviation Model Falcon 10 airplanes. The NPRM published in the 
Federal Register on December 7, 2020 (85 FR 78808). The NPRM was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. The NPRM proposed to require revising the 
existing maintenance or inspection program, as

[[Page 12803]]

applicable, to incorporate new or more restrictive airworthiness 
limitations, as specified in EASA AD 2020-0215.
    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

    EASA AD 2020-0215 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires Section 5-40-00, Airworthiness Limitations, 
Revision 13, dated July 2017, of the Dassault Falcon 10 Maintenance 
Manual, which the Director of the Federal Register approved for 
incorporation by reference as of January 4, 2019 (83 FR 61523, November 
30, 2018).
    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 60 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 2018-24-03 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. 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 
proposed 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) 2018-24-03, Amendment 39-19507 
(83 FR 61523, November 30, 2018); and
0
b. Adding the following new AD:

2021-04-20 Dassault Aviation: Amendment 39-21442; Docket No. FAA-
2020-1111; Product Identifier MCAI-2020-01374-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 9, 2021.

(b) Affected ADs

    This AD replaces AD 2018-24-03, Amendment 39-19507 (83 FR 61523, 
November 30, 2018) (AD 2018-24-03).

(c) Applicability

    This AD applies to all Dassault Aviation Model Falcon 10 
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, 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 Maintenance or Inspection Program Revision, with No 
Changes.

    This paragraph restates the requirements of paragraph (g) of AD 
2018-24-03, with no changes. Within 90 days after January 4, 2019 
(the effective date of AD 2018-24-03), revise the existing 
maintenance or inspection program, as applicable, to incorporate 
Section 5-40-00, Airworthiness Limitations, Revision 13, dated July 
2017, of the Dassault Falcon 10 Maintenance Manual (Section 5-40-
00). The initial compliance time for accomplishing the actions is at 
the applicable time specified in Section 5-40-00; or within 90 days 
after January 4, 2019; whichever occurs later.

(h) Retained Restrictions on Alternative Actions and Intervals With a 
New Exception.

    This paragraph restates the requirements of paragraph (h) of AD 
2018-24-03, with a new exception. Except as required by paragraph

[[Page 12804]]

(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 (l)(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 
2020-0215, dated October 6, 2020 (EASA AD 2020-0215). 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 2020-0215

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0215 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0215 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 2020-0215 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 2020-0215 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0215, 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 2020-0215 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0215 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) or intervals are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2020-0215.

(l) 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 (m) of this 
AD. Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (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.

(m) 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].

(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 
April 9, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0215, 
dated October 6, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
January 4, 2019 (83 FR 61523, November 30, 2018).
    (i) Section 5-40-00, Airworthiness Limitations, Revision 13, 
dated July 2017, of the Dassault Falcon 10 Maintenance Manual.
    (ii) [Reserved]
    (5) For EASA AD 2020-0215, 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 Aviation 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-2020-1111.
    (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 February 11, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-04340 Filed 3-4-21; 8:45 am]
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