[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Proposed Rules]
[Pages 50336-50339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20761]


 ========================================================================
 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. 186 / Wednesday, September 25, 2019 / 
Proposed Rules  

[[Page 50336]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0700; Product Identifier 2019-NM-105-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) 
2018-19-25 and AD 2014-03-12, which apply to all Dassault Aviation 
Model FALCON 2000 airplanes. Those ADs require revising the 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 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 November 
12, 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-
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 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-2019-0700; 
Product Identifier 2019-NM-105-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, 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 the agency receives about this proposed AD.

Discussion

    The FAA issued AD 2018-19-25, Amendment 39-19426 (83 FR 48924, 
September 28, 2018) (``AD 2018-19-25''), for all Dassault Aviation 
Model FALCON 2000 airplanes. AD 2018-19-25 requires revising the 
maintenance or inspection program, as applicable, to incorporate new 
maintenance requirements and airworthiness limitations. AD 2018-19-25 
resulted from a determination that new or more restrictive 
airworthiness limitations are necessary. The FAA issued AD 2018-19-25 
to address reduced controllability of the airplane. AD 2018-19-25 
specified that accomplishing the actions required by that AD would 
terminate the requirements of AD 2014-03-12, Amendment 39-17749 (79 FR 
11693, March 3, 2014) (``AD 2014-03-12''); however, AD 2014-03-12 was 
not superseded by that AD.

Actions Since AD 2018-19-25 Was Issued

    Since the FAA issued AD 2018-19-25, 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 2019-0131, dated June 11, 2019 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Dassault Aviation Model FALCON 2000 
airplanes. The MCAI states:

    The airworthiness limitations for Falcon 2000 aeroplanes, which 
are approved by EASA, are currently defined and published in 
Dassault Falcon 2000 AMM [Aircraft 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 2017-0236 [which corresponds to FAA AD 
2018-19-25], requiring the actions described in Dassault Falcon 2000 
AMM Chapter 5-40 (DGT 113876) at Revision 18.
    Since that [EASA] AD was issued, Dassault published Revisions 19 
and 20 of Dassault Falcon 2000 AMM Chapter 5-40 (DGT 113876). 
Revision 20 contains new and/or more restrictive maintenance tasks.

[[Page 50337]]

    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0236, which is superseded, and requires 
accomplishment of the actions specified in the [Airworthiness 
Limitations Section] ALS, 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-
0700.

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 proposed AD would also require 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.

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 the FAA's 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 FAA 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 2018-19-25. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations.
    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.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the 
airworthiness limitations section (ALS) inspection tasks, corrective 
actions must be accomplished in accordance with Dassault Aviation 
maintenance documentation. However, this proposed AD does not include 
that requirement. Operators of U.S.-registered airplanes are required 
by general airworthiness and operational regulations to perform 
maintenance using methods that are acceptable to the FAA. The FAA 
considers those methods to be adequate to address any corrective 
actions necessitated by the findings of ALS inspections required by 
this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 200 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 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 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:

[[Page 50338]]

0
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:

Dassault Aviation: Docket No. FAA-2019-0700; Product Identifier 
2019-NM-105-AD.

(a) Comments Due Date

    The FAA must receive comments by November 12, 2019.

(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.

(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 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 (g)(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 (g)(1)(ii) of this AD.
    (i) At the earlier of the times specified in paragraphs 
(g)(1)(i)(A) and (g)(1)(i)(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 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 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].

[[Page 50339]]

    (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 AD 2019-0131, 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-2019-0700.
    (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 19, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-20761 Filed 9-24-19; 8:45 am]
BILLING CODE 4910-13-P