Airworthiness Directives; Dassault Aviation Airplanes
| Citation | 84 FR 48310 |
| Record Number | 2019-19772 |
| Published date | 13 September 2019 |
| Section | Proposed rules |
| Court | Federal Aviation Administration,Transportation Department |
Federal Register, Volume 84 Issue 178 (Friday, September 13, 2019)
[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Proposed Rules]
[Pages 48310-48312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19772]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0697; Product Identifier 2019-NM-110-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2017-19-14 and AD 2014-16-27, which apply to certain Dassault Aviation
Model FALCON 900EX airplanes. Those ADs require 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 2017-19-14 and AD 2014-16-27, the
FAA determined that new or more restrictive airworthiness limitations
are necessary. This proposed AD would require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. The FAA is proposing this
AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by October 28,
2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Dassault
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone 201-440-6700; internet http://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.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0697; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
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:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0697;
Product Identifier 2019-NM-110-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. The
FAA will consider all comments received by the closing date and may
amend this proposed AD based on those comments.
The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this proposed AD.
Discussion
The FAA issued AD 2017-19-14, Amendment 39-19044 (82 FR 43674,
September 19, 2017) (``AD 2017-19-14''), for certain Dassault Aviation
Model FALCON 900EX airplanes. AD 2017-19-14 requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive maintenance requirements and/or
airworthiness limitations. AD 2017-19-14 resulted from a determination
that new or more restrictive maintenance requirements and/or
airworthiness limitations are necessary. AD 2017-19-14 specifies that
accomplishing the actions required by that AD would terminate the
requirements of AD 2014-16-27, Amendment 39-17951 (79 FR 51071, August
27, 2014) (``AD 2014-16-27'') but it did not supersede AD 2014-16-27.
In addition, AD 2014-16-27 specifies that accomplishing paragraph (g)
of that AD would terminate the requirements of paragraph (g)(1) of AD
2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010), for
Dassault Aviation Model 900EX airplanes, serial number (S/N) 97 and S/N
120 and higher. This terminating provision of certain requirements of
AD 2010-26-05 is part of this proposed AD.
This AD proposes to supersede AD 2017-19-14 and AD 2014-16-27 but
does not propose to supersede AD 2010-26-05.
Actions Since AD 2017-19-14 and AD 2014-16-27 Were Issued
Since the FAA issued AD 2017-19-14 and AD 2014-16-27, the FAA has
determined that new or more restrictive airworthiness limitations are
necessary.
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0134, dated June 11, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Dassault Aviation Model FALCON
900EX airplanes. The MCAI states:
The airworthiness limitations for certain Falcon 900EX
aeroplanes, which are approved by EASA, are currently defined and
published in Dassault Falcon 900EX Easy/900LX/900DX AMM [Airplane
Maintenance Manual], Chapter 5-40. These instructions have been
identified as mandatory for continued airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition.
EASA previously issued AD 2016-0129 (which corresponds to FAA AD
2017-19-14), requiring the actions described in Dassault Falcon
900EX Easy/900LX/900DX AMM Chapter 5-40 (DGT113875) at Revision 9.
Since that [EASA] AD was issued, Dassault published Revisions 10
and 11 of Dassault Falcon 900EX Easy/900LX/900DX AMM Chapter 5-40
(DGT113875). Revision 11 contains new and/or more restrictive
maintenance tasks.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2016-0129, which is superseded, and
[[Page 48311]]
requires accomplishment of the actions specified in the ALS
[airworthiness limitations section], as defined in this [EASA] AD.
You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0697.
Related Service Information Under 1 CFR Part 51
Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, Revision 11, dated September 2018, of the Falcon 900EX
EASy, Falcon 900LX, and Falcon 900DX Maintenance Manual. This service
information describes procedures, maintenance tasks, and airworthiness
limitations specified in the Airworthiness Limitations section of the
AMM.
This proposed AD would also require Chapter 5-40, Airworthiness
Limitations, Revision 9, dated November 2015, of the Dassault Falcon
900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance Manual, which
the Director of the Federal Register approved for incorporation by
reference as of October 24, 2017 (82 FR 43674, September 19, 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.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the agency evaluated all the relevant information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would retain all of the requirements of AD 2017-
19-14. This proposed AD would require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. This proposed AD would also
retain the terminating provision of AD 2014-16-27, related to AD 2010-
26-05.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(l)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this proposed AD affects 79 airplanes of
U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2017-19-14 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 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.
This proposed 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 applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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) 2014-16-27, Amendment 39-17951
(79 FR 51071, August 27, 2014); and AD 2017-19-14, Amendment 39-19044
(82 FR 43674, September 19, 2017); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2019-0697; Product Identifier
2019-NM-110-AD.
(a) Comments Due Date
The FAA must receive comments by October 28, 2019.
[[Page 48312]]
(b) Affected ADs
(1) This AD replaces AD 2014-16-27, Amendment 39-17951 (79 FR
51071, August 27, 2014) (``AD 2014-16-27''); and AD 2017-19-14,
Amendment 39-19044 (82 FR 43674, September 19, 2017) (``AD 2017-19-
14'').
(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, serial number (S/N) 97 and S/N 120 and higher,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before September 1, 2018.
(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
2017-19-14, with no changes. Within 90 days after October 24, 2017
(the effective date of AD 2017-19-14), revise the maintenance or
inspection program, as applicable, to incorporate the information
specified in Chapter 5-40, Airworthiness Limitations, Revision 9,
dated November 2015, of the Dassault Falcon 900EX EASy, Falcon
900LX, and Falcon 900DX Maintenance Manual. The initial compliance
time for accomplishing the actions specified in Chapter 5-40,
Airworthiness Limitations, Revision 9, dated November 2015, of the
Dassault Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX
Maintenance Manual, is within the applicable times specified in the
maintenance manual or 90 days after October 24, 2017, whichever
occurs later, except as provided by paragraphs (g)(1) through (g)(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 No Alternative Actions and Intervals, With New Exception
This paragraph restates the requirements specified in paragraph
(h) of AD 2017-19-14, 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 (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 11, dated September 2018, of the Dassault
Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance
Manual. The initial compliance time for accomplishing the actions
specified in Chapter 5-40, Airworthiness Limitations, Revision 11,
dated September 2018, of the Dassault Falcon 900EX EASy, Falcon
900LX, and Falcon 900DX Maintenance Manual, is within the applicable
times specified in the maintenance manual, or 90 days after the
effective date of this AD, whichever occurs later, except as
provided by paragraphs (i)(1) through (i)(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 900EX airplanes, S/N 97 and S/N
120 and higher.
(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]. 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 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 2019-0134, dated June 11, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0697.
(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.
(3) 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 http://www.dassaultfalcon.com. 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.
Issued in Des Moines, Washington, on September 6, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-19772 Filed 9-12-19; 8:45 am]
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