[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Rules and Regulations]
[Pages 20405-20408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07646]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0991; Product Identifier 2019-NM-179-AD; Amendment 
39-19895; AD 2020-07-16]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2016-16-09 
and AD 2019-03-20, which applied to Dassault Aviation Model FALCON 7X 
airplanes. Those ADs required revising the existing maintenance or 
inspection program, as applicable, to incorporate new and more 
restrictive maintenance requirements and airworthiness limitations for 
airplane structures and systems. This AD requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations; as specified in a European 
Union Aviation Safety Agency (EASA) AD, which is incorporated by 
reference. This AD was prompted by the FAA's determination that new or 
more restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 18, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 18, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
2, 2019 (84 FR 6059, February 26, 2019).

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 89990 1000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu.
    For Dassault Aviation material that was previously incorporated by 
reference, contact Dassault Falcon Jet Corporation, Teterboro Airport, 
P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-440-6700; 
internet https://www.dassaultfalcon.com.
    You may view this IBR material 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. It is also 
available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0991.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0991; 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 final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

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; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0257, dated October 17, 2019 
(``EASA AD 2019-0257'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Dassault Aviation Model FALCON 7X airplanes. EASA AD 
2019-0257 supersedes EASA AD 2018-0277, dated December 17, 2018, which 
in turn superseded EASA AD 2018-0101, dated May 3, 2018 (which 
corresponds to FAA AD 2019-03-20, Amendment 39-19572 (84 FR 6059, 
February 26, 2019) (``AD 2019-03-20'')).
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after June 1, 2019, must 
comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet; 
this AD therefore does not include those airplanes in the 
applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-03-20 and AD 2016-16-09, Amendment 39-
18607 (81 FR 52752, August 10, 2016) (``AD 2016-16-09''). Those ADs 
applied to Dassault Aviation Model FALCON 7X airplanes. AD 2019-03-20 
specified that accomplishing the revision required by paragraph (g) of 
that AD terminates all requirements of AD 2016-16-09. The NPRM 
published in the Federal Register on December 31, 2019 (84 FR 72251). 
The NPRM was prompted by the FAA's determination that new or more 
restrictive airworthiness limitations are necessary. The NPRM proposed 
to require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA is issuing this AD to address reduced structural 
integrity and reduced control of airplanes due to the failure of system 
components.
    See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comment received 
on the NPRM and the FAA's response to that comment.

Request To Address Later Revisions of Service Information

    Executive Jet Management, Inc. requested that the FAA address later 
revisions of the service information. The commenter stated it 
frequently sees a revision that is called out in an AD being outdated 
by the time an AD becomes effective. The commenter noted it currently 
has 3 ADs regarding this issue that have reached their effective date 
that are still pending an alternative method of compliance (AMOC) and 
another AD that was effective January 24, 2020. The commenter stated 
this could be a non-issue for some of the ADs as the deadline is within 
12 months after the effective date, which provides substantial time to 
acquire an AMOC. For other ADs however, the commenter noted there is 
considerably less time as the deadline is 30 days or 90 days after the 
effective date. The commenter also noted that Chapter 5-40-00, 
Airworthiness Limitations, DGT 107838, Revision 7, dated August 24, 
2018, of the Dassault Falcon 7X Maintenance Manual (MM) has been 
superseded and the current version is Revision 8, dated June 1, 2019, 
and asked that it be reflected in the proposed rule.
    The commenter stated it understands the FAA's restriction of not 
being able to use the words ``or later approved revisions'' when 
writing ADs. The commenter proposed adding wording to an AD that 
requires operators to be at

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``no less than'' a certain airworthiness limitation (AWL), which would 
allow for full compliance with regulations while streamlining the 
process for the owner/operator. The commenter stated that this approach 
would still meet the intent of the proposed AD, without using ``or 
later approved revisions'' wording.
    The FAA acknowledges the commenters' concerns regarding needing 
AMOCs for later approved revisions of mandated service information. In 
the FAA's ongoing efforts to improve efficiency of the AD process, the 
FAA worked with EASA and manufacturers to develop a process to use 
certain EASA ADs as the primary source of information for compliance 
with the requirements of corresponding FAA ADs. EASA ADs include the 
approval of the use of later approved service information for 
compliance with the applicable requirements. This AD was developed 
using this process and it refers to EASA AD 2019-0257 as the primary 
source of information. Therefore, operators are allowed to use the 
referenced Airworthiness Limitations document (Chapter 5-40-00, 
Airworthiness Limitations, DGT 107838, Revision 8, dated June 1, 2019, 
of the Dassault Falcon 7X Maintenance Manual (MM)), or later approved 
revisions as stated in the EASA AD, to show compliance with this AD, 
without the use of the AMOC process specified in paragraph (m)(1) of 
this AD.
    Regarding the commenter's request to reference the current revision 
of the airworthiness limitations, we note that Chapter 5-40-00, 
Airworthiness Limitations, DGT 107838, Revision 7, dated August 24, 
2018, of the Dassault Falcon 7X Maintenance Manual (MM), is only 
referenced in paragraph (g) of this AD, which is a retained 
requirement. It is not necessary to reference the current revision in 
paragraph (g) of this AD because once operators have accomplished 
paragraph (i) of this AD, then paragraph (g) of this AD is terminated. 
Paragraph (i) of this AD refers to the MCAI, which refers to Dassault 
Falcon 7X Aircraft Maintenance Manual, Chapter 5-40, DGT 107838, 
Revision 8, dated June 1, 2019.
    The FAA has not changed this AD regarding this issue.

Clarification of Paragraph (k) of This AD

    Once a maintenance or inspection program is revised as required by 
paragraph (i) of this AD, paragraph (k) of this AD does not allow for 
the later use of alternative actions or intervals unless these 
alternative actions or intervals are approved as specified in ``Ref. 
Publications'' section of EASA AD 2019-0288. In paragraph (k) of the 
proposed AD, the FAA proposed language using the word ``except.'' To 
make the language consistent with the language in the ``Ref. 
Publications'' section of EASA AD 2019-0288, the FAA has changed the 
wording to ``unless they are approved.''

Clarification of Paragraph (l) of This AD

    The FAA has revised paragraph (l) of this AD to reference paragraph 
(g) of this AD as a terminating action for the requirements of 
paragraph (q) of AD 2014-16-23, Amendment 39-17947 (79 FR 52545, 
September 4, 2014) (``AD 2014-16-23''). As specified in AD 2019-03-20, 
paragraph (g) of that AD is a terminating action for the requirements 
of paragraph (q) of AD 2014-16-23. Paragraph (g) of this AD is a 
restatement of paragraph (g) of AD 2019-03-20.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0257 describes new or more restrictive maintenance 
airworthiness limitations for airplane structures and systems.
    This AD also requires Chapter 5-40-00, Airworthiness Limitations, 
DGT 107838, Revision 7, dated August 24, 2018, of the Dassault Falcon 
7X Maintenance Manual (MM), which the Director of the Federal Register 
approved for incorporation by reference as of April 2, 2019 (84 FR 
6059, February 26, 2019).
    This material 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.

Costs of Compliance

    The FAA estimates that this AD affects 67 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-03-20 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 
agency recognizes that this number may vary from operator to operator. 
In the past, the agency 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 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.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (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.

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List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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 removing Airworthiness Directive (AD) 
2016-16-09, Amendment 39-18607 (81 FR 52752, August 10, 2016), and AD 
2019-03-20, Amendment 39-19572 (84 FR 6059, February 26, 2019), and 
adding the following new AD:

2020-07-16 Dassault Aviation: Amendment 39-19895; Docket No. FAA-
2019-0991; Product Identifier 2019-NM-179-AD.

(a) Effective Date

    This AD is effective May 18, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2016-16-09, Amendment 39-18607 (81 FR 
52752, August 10, 2016) and AD 2019-03-20, Amendment 39-19572 (84 FR 
6059, February 26, 2019) (``AD 2019-03-20'').
    (2) This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR 
52545, September 4, 2014) (``AD 2014-16-23'').

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes, 
certificated in any category, with an original airworthiness 
certificate or original export certificate of airworthiness issued 
on or before June 1, 2019.

    Note 1 to paragraph (c): Model FALCON 7X airplanes with 
modifications M1000 and M1254 incorporated are commonly referred to 
as ``Model FALCON 8X'' airplanes as a marketing designation.

(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 and reduced 
control of airplanes due to the failure of system components.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-03-20, with no changes. Within 90 days after April 2, 2019 (the 
effective date of AD 2019-03-20), revise the existing maintenance or 
inspection program, as applicable, by incorporating the information 
specified in Chapter 5-40-00, Airworthiness Limitations, DGT 107838, 
Revision 7, dated August 24, 2018, of the Dassault Falcon 7X 
Maintenance Manual (MM). The initial compliance times for the tasks 
specified in Chapter 5-40-00, Airworthiness Limitations, DGT 107838, 
Revision 7, dated August 24, 2018, of the Dassault Falcon 7X MM are 
at the applicable compliance times specified in Chapter 5-40-00, 
Airworthiness Limitations, DGT 107838, Revision 7, dated August 24, 
2018, of the Dassault Falcon 7X MM, or within 90 days after April 2, 
2019, whichever occurs later. Accomplishing the maintenance or 
inspection program revision required by paragraph (i) of this AD 
terminates the requirements of this paragraph.

(h) Retained No Alternative Actions, Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs), With a New Exception

    This paragraph restates the requirements of paragraph (i) of AD 
2019-03-20, with a new exception. Except as required by paragraph 
(i) of this AD, after the maintenance or inspection program, as 
applicable, has been revised as required by paragraph (g) of this 
AD, no alternative actions (e.g., inspections), intervals, or CDCCLs 
may be used unless the actions, intervals, and CDCCLs are approved 
as an alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (m)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2019-0257, dated October 17, 2019 (``EASA AD 2019-0257''). 
Accomplishing the maintenance or inspection program revision 
required by this paragraph terminates the requirements of paragraph 
(g) of this AD.

(j) Exceptions to EASA AD 2019-0257

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2019-0257 do not apply to this AD.
    (2) Where paragraph (3) of EASA AD 2019-0257 specifies a 
compliance time of ``Within 12 months'' after its effective date to 
``revise the approved AMP [Aircraft Maintenance Program],'' this AD 
requires ``revising the existing maintenance or inspection program, 
as applicable'' to incorporate the ``limitations, tasks and 
associated thresholds and intervals'' specified in paragraph (3) of 
EASA AD 2019-0257 within 90 days after the effective date of this 
AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2019-0257 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2019-0257, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2019-0257 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2019-0257 does not apply 
to this AD.

(k) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the maintenance or inspection program has been revised as 
required by paragraph (i) of this AD, no alternative actions (e.g., 
inspections), intervals, and CDCCLs are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2019-0257.

(l) Terminating Action for Certain Requirements in AD 2014-16-23

    Accomplishing the actions required by paragraphs (g) or (i) of 
this AD terminates the requirements of paragraph (q) of AD 2014-16-
23.

(m) 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 (n) 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 instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or Dassault 
Aviation's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information 
referenced in EASA AD 2019-0257 that contains RC procedures and 
tests: Except as required by paragraph (m)(2) of this AD, RC 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

[[Page 20408]]

(n) Related Information

    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; email [email protected].

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
May 18, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0257, 
dated October 17, 2019.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
April 2, 2019 (84 FR 6059, February 26, 2019).
    (i) Chapter 5-40-00, Airworthiness Limitations, DGT 107838, 
Revision 7, dated August 24, 2018, of the Dassault Falcon 7X 
Maintenance Manual (MM).
    (ii) [Reserved]
    (5) For information about EASA AD 2019-0257, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (6) For Dassault Aviation 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 https://www.dassaultfalcon.com.
    (7) You may view this material 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. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0991.
    (8) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 3, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-07646 Filed 4-10-20; 8:45 am]
 BILLING CODE 4910-13-P