[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]
 BILLING CODE 4910-13-P