[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 [www.gpo.gov]
[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
https://www.dassaultfalcon.com. 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 https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0700.
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-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
[email protected].
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 https://www.regulations.gov 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:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
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]
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2. The FAA amends Sec. 39.13 by:
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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 [email protected].
(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 https://www.regulations.gov 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 [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
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 https://www.dassaultfalcon.com.
(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 [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
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]
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