AD 2019-24-11

[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Rules and Regulations]
[Pages 69997-70000]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-27467]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0698; Product Identifier 2019-NM-109-AD; Amendment 
39-19814; AD 2019-24-11]
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) 2014-16-26 
and AD 2017-19-04, which applied to certain Dassault Aviation Model 
FALCON 900EX airplanes. Those ADs required revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive maintenance requirements and/or airworthiness 
limitations. Since the FAA issued AD 2014-16-26 and AD 2017-19-04, the 
FAA determined that new or more restrictive airworthiness limitations 
are necessary. 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. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 24, 2020.

[[Page 69998]]

    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 24, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
October 19, 2017 (82 FR 43163, September 14, 2017).

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 
<a href="https://www.dassaultfalcon.com">https://www.dassaultfalcon.com</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2019-0698.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0698; 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.

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 2019-0133, dated June 11, 2019 (``EASA AD 2019-0133'') (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. You may examine the MCAI in the 
AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2019-0698.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2014-16-26, Amendment 39-17950 (79 FR 
51077, August 27, 2014) (``AD 2014-16-26''); and AD 2017-19-04, 
Amendment 39-19034 (82 FR 43163, September 14, 2017) (``AD 2017-19-
04''). AD 2014-16-26 and AD 2017-19-04 applied to certain Dassault 
Aviation Model FALCON 900EX airplanes. The NPRM published in the 
Federal Register on September 16, 2019 (84 FR 48569). The NPRM was 
prompted by the FAA's 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; and to require additional revision of the existing 
maintenance or inspection program, as applicable; to incorporate new or 
more restrictive airworthiness limitations. 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 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, Airworthiness 
Limitations, Revision 16, dated September 2018, of the Dassault FALCON 
900EX Maintenance Manual. This service information describes 
procedures, maintenance tasks, and airworthiness limitations specified 
in the Airworthiness Limitations section of the Airplane Maintenance 
Manual.
    This AD also requires Chapter 5-40, Airworthiness Limitations, 
Revision 14, dated November 2015, of the FALCON 900EX Maintenance 
Manual, which the Director of the Federal Register approved for 
incorporation by reference as of October 19, 2017 (82 FR 43163, 
September 14, 2017).
    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 100 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 2017-19-04 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 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs

[[Page 69999]]

applicable to transport category airplanes and associated appliances to 
the Director of the System Oversight Division.

Regulatory Findings

    The FAA 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
0
a. Removing Airworthiness Directive (AD) 2014-16-26, Amendment 39-17950 
(79 FR 51077, August 27, 2014); and AD 2017-19-04, Amendment 39-19034 
(82 FR 43163, September 14, 2017); and
0
b. Adding the following new AD:

2019-24-11 Dassault Aviation: Amendment 39-19814; Docket No. FAA-
2019-0698; Product Identifier 2019-NM-109-AD.

(a) Effective Date

    This AD is effective January 24, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2014-16-26, Amendment 39-17950 (79 FR 
51077, August 27, 2014) (``AD 2014-16-26''); and AD 2017-19-04, 
Amendment 39-19034 (82 FR 43163, September 14, 2017) (``AD 2017-19-
04'').
    (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, serial numbers 1 through 96 
inclusive, and serial numbers 98 through 119 inclusive.

(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 Maintenance or Inspection Program, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2017-19-04, with no changes. Within 90 days after October 19, 2017 
(the effective date of AD 2017-19-04), revise the existing 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Chapter 5-40, Airworthiness Limitations, 
Revision 14, dated November 2015, of the FALCON 900EX Maintenance 
Manual. The initial compliance time for accomplishing the actions 
specified in Chapter 5-40, Airworthiness Limitations, Revision 14, 
dated November 2015, of the FALCON 900EX Maintenance Manual, is 
within the applicable times specified in the maintenance manual, or 
90 days after October 19, 2017, whichever occurs later, except as 
provided by paragraphs (g)(1) through (4) of this AD.
    (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.

(h) Retained Requirement for No Alternative Actions and Intervals, With 
New Exception

    This paragraph restates the requirement specified in paragraph 
(h) of AD 2017-19-04, 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 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 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, 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 the effective date of this AD, whichever occurs later, 
except as provided by paragraphs (i)(1) through (4) of this AD.
    (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.

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

(l) Other FAA AD Provisions

    (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 <a href="/cdn-cgi/l/email-protection#ae9783efe0e3839f9f9883efe3e1ed83fcebfffbebfdfafdeec8cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="fbc2d6bab5b6d6cacacdd6bab6b4b8d6a9beaaaebea8afa8bb9d9a9ad59c948d">[email&#160;protected]</span></a>. 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.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement

[[Page 70000]]

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 2019-0133, dated June 11, 2019, for related 
information. This MCAI may be found in the AD docket on the internet 
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket 
No. FAA-2019-0698.
    (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.

(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 
January 24, 2020.
    (i) Chapter 5-40, Airworthiness Limitations, Revision 16, dated 
September 2018, of the Dassault FALCON 900EX Maintenance Manual.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
October 19, 2017 (82 FR 43163, September 14, 2017).
    (i) Chapter 5-40, Airworthiness Limitations, Revision 14, dated 
November 2015, of the FALCON 900EX 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 <a href="https://www.dassaultfalcon.com">https://www.dassaultfalcon.com</a>.
    (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 <a href="/cdn-cgi/l/email-protection#07616263756260296b6260666b476966756629606871"><span class="__cf_email__" data-cfemail="f0969594829597de9c9597919cb09e918291de979f86">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Des Moines, Washington, on November 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-27467 Filed 12-19-19; 8:45 am]
BILLING CODE 4910-13-P