[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Proposed Rules]
[Pages 48569-48571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19914]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / 
Proposed Rules  

[[Page 48569]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0698; Product Identifier 2019-NM-109-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-19-04 and AD 2014-16-26, 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 2017-19-04 and AD 2014-16-26, 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 31, 
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-
0698; 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-2019-0698; 
Product Identifier 2019-NM-109-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 2017-19-04, Amendment 39-19034 (82 FR 43163, 
September 14, 2017) (``AD 2017-19-04''), for certain Dassault Aviation 
Model FALCON 900EX airplanes. AD 2017-19-04 requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate more restrictive airworthiness limitations. AD 2017-19-04 
resulted from a determination that more restrictive airworthiness 
limitations or more restrictive maintenance requirements and/or 
airworthiness limitations are necessary. The FAA issued AD 2017-19-04 
to address reduced structural integrity of the airplane. AD 2017-19-04 
specifies that accomplishing the actions required by that AD would 
terminate the requirements of AD 2014-16-26, Amendment 39-17950 (79 FR 
51077, August 27, 2014) (``AD 2014-16-26''), but it did not supersede 
AD 2014-16-26. In addition, AD 2014-16-26 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 FALCON 900EX airplanes, serial 
numbers 1 through 96 inclusive, and serial numbers 98 through 119 
inclusive. This terminating provision of certain requirements of AD 
2010-26-05 is included in this proposed AD.
    This AD proposes to supersede AD 2017-19-04 and AD 2014-16-26, but 
does not propose to supersede AD 2010-26-05.

Actions Since AD 2017-19-04 and AD 2014-16-26 Were Issued

    Since AD 2017-19-04 and AD 2014-16-26 were issued, 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 2019-0133, 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:


[[Page 48570]]


    The airworthiness limitations for Falcon 900EX aeroplanes, which 
are approved by EASA, are currently defined and published in 
Dassault Falcon 900EX 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 2016-0128 (which corresponds to FAA AD 
2017-19-04), requiring the actions described in Dassault Falcon 
900EX AMM Chapter 5-40 (DGT113874) at Revision 14.
    Since that [EASA] AD was issued, Dassault published Revisions 15 
and 16 of Dassault Falcon 900EX AMM Chapter 5-40 (DGT113874). 
Revision 16 contains new and/or more restrictive maintenance tasks.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2016-0128, which is superseded, and 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 FAA-2019-0698.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40, Airworthiness 
Limitations, Revision 16, dated September 2018, of the Dassault FALCON 
900EX 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 14, dated November 2015, of the FALCON 900EX 
Maintenance Manual, which the Director of the Federal Register approved 
for incorporation by reference as of October 19, 2017 (82 FR 43163, 
September 14, 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 requirements of AD 2017-19-04. 
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 provisions of AD 2014-16-26, 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 100 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 2017-19-04 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. Therefore, 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.

[[Page 48571]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by
0
a. Removing Airworthiness Directive (AD) 2014-16-26, Amendment 39-17950 
(79 FR 51077, August 27, 2014); and AD 2017-19-04, Amendment 39-19034 
(82 FR 43163, September 14, 2017); and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2019-0698; Product Identifier 
2019-NM-109-AD.

(a) Comments Due Date

    The FAA must receive comments by October 31, 2019.

(b) Affected ADs

    (1) This AD replaces AD 2014-16-26, Amendment 39-17950 (79 FR 
51077, August 27, 2014) (``AD 2014-16-26''); and AD 2017-19-04, 
Amendment 39-19034 (82 FR 43163, September 14, 2017) (``AD 2017-19-
04'').
    (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, certificated in any category, serial numbers 1 through 96 
inclusive, and serial numbers 98 through 119 inclusive, certificated 
in any category.

(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 
2017-19-04, with no changes. Within 90 days after October 19, 2017 
(the effective date of AD 2017-19-04), revise the maintenance or 
inspection program, as applicable, to incorporate the information 
specified in Chapter 5-40, Airworthiness Limitations, Revision 14, 
dated November 2015, of the FALCON 900EX Maintenance Manual. The 
initial compliance time for accomplishing the actions specified in 
Chapter 5-40, Airworthiness Limitations, Revision 14, dated November 
2015, of the FALCON 900EX Maintenance Manual, is within the 
applicable times specified in the maintenance manual, or 90 days 
after October 19, 2017, whichever occurs later, except as provided 
by paragraphs (g)(1) through (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 requirement specified in paragraph 
(h) of AD 2017-19-04, 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 (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 16, dated September 2018, of the Dassault 
FALCON 900EX Maintenance Manual. The initial compliance time for 
accomplishing the actions specified in Chapter 5-40, Airworthiness 
Limitations, Revision 16, dated September 2018, 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 (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 FALCON 900EX airplanes, serial 
numbers 1 through 96 inclusive, and serial numbers 98 through 119 
inclusive.

(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 2019-0133, 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-2019-0698.
    (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 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-19914 Filed 9-13-19; 8:45 am]
 BILLING CODE 4910-13-P