[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Proposed Rules]
[Pages 39991-39994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16608]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0604; Product Identifier 2019-NM-072-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 adopt a new airworthiness directive (AD) 
for all Dassault Aviation Model MYSTERE FALCON 50, MYSTERE FALCON 900, 
and FALCON 900EX airplanes; and Model FALCON 2000 and FALCON 2000EX 
airplanes. This proposed AD was prompted by a report that the Dassault 
maintenance planning document (MPD) of the related Dassault aircraft 
maintenance manual (AMM) states that the ``combined service/storage 
life'' of the fire extinguisher percussion cartridges is longer than it 
should be, and could have a safety impact in case of fire. This 
proposed AD would require replacing the fire extinguisher percussion 
cartridges with serviceable parts. 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 September 
27, 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 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.

[[Page 39992]]

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-
0604; 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-2019-0604; 
Product Identifier 2019-NM-072-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2019-0084, dated April 17, 2019 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Dassault Aviation Model MYSTERE 
FALCON 50, MYSTERE FALCON 900, and FALCON 900EX airplanes; and Model 
FALCON 2000 and FALCON 2000EX airplanes. The MCAI states:

    It was identified that the Dassault Maintenance Planning 
Document (MPD) of the related Dassault Aircraft Maintenance Manual 
(AMM) for affected aeroplanes mentions that ``combined service/
storage life'' of the affected parts is 12 years, whereas it should 
be 10 years. The related technical investigation confirmed that this 
could have a safety impact in case of fire. It is expected that 
Dassault will update the MPD with the correct value.
    This condition, if not corrected, could prevent extinguishing a 
fire, possibly resulting in damage to the aeroplane and injury to 
the occupants.
    For the reasons described above, this [EASA] AD requires 
replacement of affected parts with serviceable parts.

    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-
0604.

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 require replacing the fire extinguisher 
percussion cartridges with serviceable parts.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,013 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................          $1,145           $1,655       $1,676,515
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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.

[[Page 39993]]

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 adding the following new airworthiness 
directive (AD):

Dassault Aviation: Docket No. FAA-2019-0604; Product Identifier 
2019-NM-072-AD.

(a) Comments Due Date

    The FAA must receive comments by September 27, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Dassault Aviation Model MYSTERE FALCON 
50, MYSTERE FALCON 900, and FALCON 900EX airplanes; and Model FALCON 
2000 and FALCON 2000EX airplanes; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Reason

    This AD was prompted by a report that the Dassault maintenance 
planning document (MPD) of the related Dassault aircraft maintenance 
manual (AMM) mentions that the ``combined service/storage life'' of 
the fire extinguisher percussion cartridges is 12 years, whereas it 
should be 10 years, and could have a safety impact in case of fire. 
The FAA is issuing this AD to address the total life limit of the 
fire extinguisher percussion cartridges, which if not corrected, 
could prevent extinguishing a fire and possibly result in damage to 
the airplane and injury to occupants.

(f) Compliance

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

(g) Definitions

    For the purpose of this AD, the definitions specified in 
paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) apply to this AD.
    (1) An affected part is a fire extinguisher percussion cartridge 
having part number (P/N) 862700-00 or P/N 862710-00.
    (2) Total life is time since the manufacturing date, which 
includes both the time installed on an airplane and time in storage.
    (3) A serviceable part is an affected part that has not exceeded 
10 years of total life, or a fire extinguisher percussion cartridge 
that is not an affected part.
    (4) Group 1 airplanes are those that have an affected part 
installed. Group 2 airplanes are those that do not have an affected 
part installed.

(h) Total Life Limit Implementation

    For Group 1 airplanes, except as specified in paragraph (j) of 
this AD: Before a fire extinguisher percussion cartridge exceeds 10 
years of total life, remove the affected part and replace it with a 
serviceable part in accordance with the procedures specified in 
paragraph (l)(2) of this AD.

(i) Guidance for Replacement Required by Paragraph (h) of This AD

    Guidance for the replacement specified in paragraph (h) of this 
AD can be found in the applicable Dassault AMM task as specified in 
figure 1 to paragraph (i) of this AD.
[GRAPHIC] [TIFF OMITTED] TP13AU19.001


[[Page 39994]]


[GRAPHIC] [TIFF OMITTED] TP13AU19.002

(j) Grace Period for Initial Replacement

    For Group 1 airplanes: For a fire extinguisher percussion 
cartridge that, on the effective date of this AD, has a total life 
of 9 years 6 months or more, the replacement required by paragraph 
(h) of this AD can be deferred up to 6 months after the effective 
date of this AD.

(k) Parts Installation Limitations

    For Group 1 and Group 2 airplanes: As of the effective date of 
this AD, no person may install, on any airplane, a fire extinguisher 
percussion cartridge, unless the part is a serviceable part as 
specified in this AD, and that, following installation, the affected 
part is replaced as required by paragraph (h) of this AD.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (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: 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 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 2019-0084, dated April 17, 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-2019-0604.
    (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 July 26, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-16608 Filed 8-12-19; 8:45 am]
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