Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Rules and Regulations]
[Pages 23593-23595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08852]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1169; Project Identifier MCAI-2020-01373-T; 
Amendment 39-21526; AD 2021-09-12]
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) 2020-07-
16, which applied to certain Dassault Aviation Model FALCON 7X 
airplanes. AD 2020-07-16 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive 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. 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 June 8, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 8, 
2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of May 
18, 2020 (85 FR 20405, April 13, 2020).

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact 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. 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-2020-1169.

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-
1169; 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 2020-0214, dated October 6, 2020 
(EASA AD 2020-0214) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Dassault Aviation Model FALCON 7X airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-07-16 Amendment 39-19895 (85 FR 20405, 
April 13, 2020) (AD 2020-07-16). AD 2020-07-16 applied to certain 
Dassault Aviation Model FALCON 7X airplanes. The NPRM published in the 
Federal Register on January 15, 2021 (86 FR 3879). 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 applicable, to 
incorporate new or more restrictive airworthiness limitations, as 
specified in EASA AD 2020-0214.
    The FAA is issuing this AD to address reduced structural integrity 
and reduced control of airplanes due to the failure of system 
components. 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 comment 
received. One commenter indicated support for the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
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 IBR Material Under 1 CFR Part 51

    EASA AD 2020-0214 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires EASA AD 2019-0257, dated October 17, 2019, 
which the Director of the Federal Register approved for incorporation 
by reference as of May 18, 2020 (85 FR 20405, April 13, 2020).
    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 122 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 2020-07-16 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

[[Page 23594]]

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 2020-07-16, Amendment 39-19895 (85 
FR 20405, April 13, 2020); and
0
b. Adding the following new airworthiness directive:

2021-09-12 Dassault Aviation: Amendment 39-21526; Docket No. FAA-
2020-1169; Project Identifier MCAI-2020-01373-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 8, 2021.

(b) Affected ADs

    (1) This AD replaces AD 2020-07-16, Amendment 39-19895 (85 FR 
20405, April 13, 2020) (AD 2020-07-16).
    (2) This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR 
52545, September 4, 2014) (AD 2014-16-23).

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, 
certificated in any category, with an original airworthiness 
certificate or original export certificate of airworthiness issued 
on or before June 1, 2020.

    Note 1 to paragraph (c): Model FALCON 7X airplanes with 
modification M1000 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 or more 
restrictive airworthiness limitations are necessary. The FAA is 
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) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2020-07-16, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 1, 2019, except as specified 
in paragraph (h) of this AD: Comply with all required actions and 
compliance times specified in, and in accordance with, European 
Union Aviation Safety Agency (EASA) AD 2019-0257, dated October 17, 
2019 (EASA AD 2019-0257).

(h) Retained Exceptions to EASA AD 2019-0257, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2020-07-16 with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 1, 2019:
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2019-0257 do not apply to this AD.
    (2) Where paragraph (3) of EASA AD 2019-0257 specifies a 
compliance time of ``Within 12 months'' after its effective date to 
``revise the approved AMP [Aircraft Maintenance Program],'' 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 2019-0257 within 90 days after May 18, 2020 (the effective 
date of AD 2020-07-16).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2019-0257 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2019-0257, or 
within 90 days after May 18, 2020 (the effective date of AD 2020-07-
16), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2019-0257 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2019-0257 does not apply 
to this AD.

(i) Retained Provisions for Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs) With a New 
Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2020-07-16, with a new exception. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 1, 2019, except as required 
by paragraph (j) 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), intervals, or CDCCLs are 
allowed unless they are approved as specified in the provisions of 
the ``Ref. Publications'' section of EASA AD 2019-0257.

(j) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2020-0214, dated October 6, 2020 (EASA AD 
2020-0214). Accomplishing the maintenance or inspection program 
revision required by this paragraph terminates the requirements of 
paragraph (g) of this AD.

(k) Exceptions to EASA AD 2020-0214

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0214 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0214 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

[[Page 23595]]

AD 2020-0214 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 2020-0214 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0214, 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 2019-0257 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0214 does not apply 
to this AD.

(l) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the maintenance or inspection program has been revised as 
required by paragraph (j) of this AD, no alternative actions (e.g., 
inspections), intervals, or CDCCLs are allowed except as specified 
in the provisions of the ``Ref. Publications'' section of EASA AD 
2020-0214.

(m) Terminating Action for Certain Requirements in AD 2014-16-23

    Accomplishing the actions required by paragraphs (g) or (j) of 
this AD terminates the requirements of paragraph (q) of AD 2014-16-
23.

(n) 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 (o) 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.

(o) 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].

(p) 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 
June 8, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0214, 
dated October 6, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
May 18, 2020 (85 FR 20405, April 13, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0257, 
dated October 17, 2019.
    (ii) [Reserved]
    (5) For EASA AD 2020-0214, contact 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) 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-2020-1169.
    (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 April 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-08852 Filed 5-3-21; 8:45 am]
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