AD 2020-02-21

[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Rules and Regulations]
[Pages 7860-7863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-02720]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0700; Product Identifier 2019-NM-105-AD; Amendment 
39-19833; AD 2020-02-21]
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) 2018-19-25 
and AD 2014-03-12, which applied to all Dassault Aviation Model FALCON 
2000 airplanes. Those ADs required revising the existing maintenance or 
inspection program, as applicable, to incorporate new maintenance 
requirements and airworthiness limitations. Since the FAA issued AD 
2018-19-25, the FAA has 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 new or more restrictive airworthiness limitations. 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 March 18, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 18, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
November 2, 2018 (83 FR 48924, September 28, 2018).

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-2019-0700.

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-
0700; 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; email 
<a href="/cdn-cgi/l/email-protection#13677c7e3d617c77617a74667669537572723d747c65"><span class="__cf_email__" data-cfemail="dda9b2b0f3afb2b9afb4baa8b8a79dbbbcbcf3bab2ab">[email&#160;protected]</span></a>.

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 2019-0131, dated June 11, 2019 (``EASA AD 2019-0131'') (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Dassault Aviation 
Model FALCON 2000 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-2019-0700.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-19-25, Amendment 39-19426 (83 FR 
48924, September 28, 2018) (``AD 2018-19-25'') and AD 2014-03-12, 
Amendment 39-17749 (79 FR 11693, March 3, 2014) (``AD 2014-03-12''). AD 
2018-19-25 applied to all Dassault Aviation Model FALCON 2000 
airplanes. The NPRM published in the Federal Register on September 25, 
2019 (84 FR 50336). The NPRM resulted from a determination

[[Page 7861]]

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. The FAA is issuing this AD to 
address reduced controllability 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 following presents the comment received 
on the NPRM and the FAA's response to that comment.

Request To List New Requirements

    NetJets Aviation (NJA) requested that the additional required 
inspection items or changes from Chapter 5-40, Airworthiness 
Limitations, Revision 20, dated November 2018, of the Dassault Aviation 
Falcon 2000 Maintenance Manual be listed in paragraph (i) of the 
proposed AD to ensure operators are meeting the requirements.
    The FAA disagrees with the commenter's request because the required 
action is for the operators to incorporate the entirety of the 
information specified in Chapter 5-40, Airworthiness Limitations, 
Revision 20, dated November 2018, of the Dassault Aviation Falcon 2000 
Maintenance Manual into their maintenance or inspection program, as 
applicable, and not just the changes that are made in Revision 20 (the 
changes are described in the ``Information to Operators'' section of 
Revision 20). The AD has not been changed in this regard.

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 Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40, Airworthiness 
Limitations, Revision 20, dated November 2018, of the Dassault Aviation 
Falcon 2000 Maintenance Manual. This service information describes 
airworthiness limitations for safe life limits.
    This AD also requires Chapter 5-40, Airworthiness Limitations, DGT 
113876, Revision 19, dated November 2017, of the Dassault Falcon 2000 
Maintenance Manual, which the Director of the Federal Register approved 
for incorporation by reference as of November 2, 2018 (83 FR 48924, 
September 28, 2018).
    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 200 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 2018-19-25 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.
    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

    We 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) 2014-03-12, Amendment 39-17749 
(79 FR 11693, March 3, 2014); and AD 2018-19-25, Amendment 39-19426 (83 
FR 48924, September 28, 2018); and
0
b. adding the following new AD:

2020-02-21 Dassault Aviation: Amendment 39-19833; Docket No. FAA-
2019-0700; Product Identifier 2019-NM-105-AD.

(a) Effective Date

    This AD is effective March 18, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2014-03-12, Amendment 39-17749 (79 FR 
11693, March 3, 2014) (``AD 2014-03-12''); and AD 2018-19-25, 
Amendment 39-19426 (83 FR 48924, September 28, 2018) (``AD 2018-19-
25'').
    (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 FALCON 2000 
airplanes, certificated in any category.

[[Page 7862]]

(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 controllability of the airplane.

(f) Compliance

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

(g) Retained Revision, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2018-19-25, with no changes. Within 90 days after November 2, 2018 
(the effective date of AD 2018-19-25), revise the existing 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Chapter 5-40, Airworthiness Limitations, 
DGT 113876, Revision 19, dated November 2017, of the Dassault Falcon 
2000 Maintenance Manual. The initial compliance times for doing the 
tasks are at the time specified in Chapter 5-40, Airworthiness 
Limitations, DGT 113876, Revision 19, dated November 2017, of the 
Dassault Falcon 2000 Maintenance Manual, or within 90 days after 
November 2, 2018 (the effective date of AD 2018-19-25), whichever 
occurs later; except as required by paragraphs (g)(1) through (3) of 
this AD. The term ``LDG'' in the ``First Inspection'' column of any 
table in Chapter 5-40, Airworthiness Limitations, DGT 113876, 
Revision 19, dated November 2017, of the Dassault Falcon 2000 
Maintenance Manual, means total airplane landings. The term ``FH'' 
in the ``First Inspection'' column of any table in Chapter 5-40, 
Airworthiness Limitations, DGT 113876, Revision 19, dated November 
2017, of the Dassault Falcon 2000 Maintenance Manual, means total 
flight hours. The term ``FC'' in the ``First Inspection'' column of 
any table in Chapter 5-40, Airworthiness Limitations, DGT 113876, 
Revision 19, dated November 2017, of the Dassault Falcon 2000 
Maintenance Manual, means total flight cycles.
    (1) For Task 30-11-09-350-801 identified in the service 
information specified in the introductory text of paragraph (g) of 
this AD, the initial compliance time is the later of the times 
specified in paragraphs (g)(1)(i) and (ii) of this AD.
    (i) At the earlier of the times specified in paragraphs 
(g)(1)(i)(A) and (B) of this AD.
    (A) Prior to the accumulation of 2,400 total flight hours or 
2,000 total flight cycles, whichever occurs first.
    (B) Within 2,400 flight hours or 2,000 flight cycles after April 
7, 2014 (the effective date of AD 2014-03-12), whichever occurs 
first.
    (ii) Within 30 days after April 7, 2014 (the effective date of 
AD 2014-03-12).
    (2) For Task 52-20-00-610-801-01 identified in the service 
information specified in the introductory text of paragraph (g) of 
this AD, the initial compliance time is within 24 months after April 
7, 2014 (the effective date of AD 2014-03-12).
    (3) The limited service life of part number F2MA721512100 is 
3,750 total flight cycles on the part or 6 years since the 
manufacturing date of the part, whichever occurs first.

(h) Retained No Alternative Actions or Intervals With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2018-19-25, 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 (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 20, dated November 2018, of the Dassault 
Aviation Falcon 2000 Maintenance Manual. The initial compliance time 
for doing the tasks is at the time specified in Chapter 5-40, 
Airworthiness Limitations, Revision 20, dated November 2018, of the 
Dassault Aviation Falcon 2000 Maintenance Manual, or within 90 days 
after the effective date of this AD, whichever occurs later, except 
as required by paragraphs (i)(1) through (3) of this AD. 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 date of issuance of 
the original airworthiness certificate or original export 
certificate of airworthiness. Accomplishing the actions required by 
this paragraph terminates all requirements of paragraph (g) of this 
AD.
    (1) For Task 30-11-09-350-801 identified in the service 
information specified in the introductory text of paragraph (i) of 
this AD, the initial compliance time is the later of the times 
specified in paragraphs (i)(1)(i) and (ii) of this AD.
    (i) At the earlier of the times specified in paragraphs 
(i)(1)(i)(A) and (B) of this AD.
    (A) Prior to the accumulation of 2,400 total flight hours or 
2,000 total flight cycles, whichever occurs first.
    (B) Within 2,400 flight hours or 2,000 flight cycles after April 
7, 2014 (the effective date of AD 2014-03-12), whichever occurs 
first.
    (ii) Within 30 days after April 7, 2014 (the effective date of 
AD 2014-03-12).
    (2) For Task 52-20-00-610-801-01 identified in the service 
information specified in the introductory text of paragraph (i) of 
this AD, the initial compliance time is within 24 months after April 
7, 2014 (the effective date of AD 2014-03-12).
    (3) The limited service life of part number F2MA721512100 is 
3,750 total flight cycles on the part or 6 years since the 
manufacturing date of the part, whichever occurs first.

(j) New 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 or intervals are approved as an AMOC in accordance with the 
procedures specified in paragraph (l)(1) of this AD.

(k) Terminating Action for Certain Actions in AD 2010-26-05

    Accomplishing the actions required by paragraph (g) of this AD 
or paragraph (i) of this AD terminates the requirements of paragraph 
(g) of AD 2010-26-05 for all Dassault Aviation Model FALCON 2000 
airplanes.

(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#98a1b5d9d6d5b5a9a9aeb5d9d5d7dbb5caddc9cdddcbcccbd8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="d4edf9959a99f9e5e5e2f995999b97f9869185819187808794b2b5b5fab3bba2">[email&#160;protected]</span></a>.
    (i) 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.
    (ii) AMOCs approved previously for AD 2018-19-25, Amendment 39-
19426 (83 FR 48924, September 28, 2018), are approved as AMOCs for 
the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement 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 Airworthiness Directive 2019-0131, 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-2019-0700.

[[Page 7863]]

    (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; email <a href="/cdn-cgi/l/email-protection#63170c0e4d110c07110a04160619230502024d040c15"><span class="__cf_email__" data-cfemail="5723383a79253833253e3022322d1731363679303821">[email&#160;protected]</span></a>.

(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 
March 18, 2020.
    (i) Chapter 5-40, Airworthiness Limitations, Revision 20, dated 
November 2018, of the Dassault Aviation Falcon 2000 Maintenance 
Manual.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
November 2, 2018 (83 FR 48924, September 28, 2018).
    (i) Chapter 5-40, Airworthiness Limitations, DGT 113876, 
Revision 19, dated November 2017, of the Dassault Falcon 2000 
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#eb8d8e8f998e8cc5878e8c8a87ab858a998ac58c849d"><span class="__cf_email__" data-cfemail="dbbdbebfa9bebcf5b7bebcbab79bb5baa9baf5bcb4ad">[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 on January 28, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-02720 Filed 2-11-20; 8:45 am]
 BILLING CODE 4910-13-P