[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Rules and Regulations]
[Pages 69144-69147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24156]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0677; Product Identifier 2020-NM-099-AD; Amendment 
39-21293; AD 2020-21-20]
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) 2019-23-
03, which applied to certain Dassault Aviation Model FALCON 900EX 
airplanes. AD 2019-23-03 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive maintenance requirements and/or airworthiness limitations. 
This AD continues to require those maintenance or inspection program 
revisions, and also requires revising the existing maintenance or 
inspection program, as applicable, to incorporate additional 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 a 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 December 7, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 7, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
January 13, 2020 (84 FR 67171, December 9, 2019).

ADDRESSES: For the EASA material incorporated by reference (IBR) in 
this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 8999 000; 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 the Dassault service information identified in this AD, contact 
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, 
South Hackensack, NJ 07606; telephone 201-

[[Page 69145]]

440-6700; internet https://www.dassaultfalcon.com.
    You may view this IBR material at the FAA, Airworthiness Products 
Section, Operational Safety 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-2020-0677.

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-2020-
0677; 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, 
Large Aircraft Section, International Validation 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 2020-0117, dated May 20, 2020 
(``EASA AD 2020-0117'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Dassault Aviation Model FALCON 900EX airplanes. 
EASA AD 2020-0117 superseded EASA AD 2019-0134 (which corresponds to 
FAA AD 2019-23-03, Amendment 39-19796 (84 FR 67171, December 9, 2019) 
(``AD 2019-23-03'')). Airplanes with an original airworthiness 
certificate or original export certificate of airworthiness issued 
after October 2, 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 2019-23-03. AD 2019-23-03 applied to 
certain Dassault Aviation Model FALCON 900EX airplanes. The NPRM 
published in the Federal Register on August 3, 2020 (85 FR 46560). The 
NPRM was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. The NPRM proposed to continue 
to require the maintenance or inspection program revisions required by 
AD 2019-23-03, and also proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate 
additional new or more restrictive airworthiness limitations, as 
specified in an EASA AD.
    The FAA is issuing this AD to address, among other things, fatigue 
cracking and damage in principal structural elements; such fatigue 
cracking and damage could result in reduced structural integrity of the 
airplane. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Explanation of Change to Paragraph (g) of This AD

    The FAA has revised paragraph (g) of this AD to clarify that it 
applies only to airplanes with an original airworthiness certificate or 
original export certificate of airworthiness issued on or before 
September 1, 2018. This information was inadvertently left out of the 
proposed AD. Paragraph (g) of this AD is a retained action from AD 
2019-23-03, and this clarification limits the applicability of the 
retained action to match that in AD 2019-23-03.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule with the 
change described previously and 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0117 describes procedures for maintenance tasks and 
airworthiness limitations.
    This AD also requires Chapter 5-40, Airworthiness Limitations, 
Revision 11, dated September 2018, 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 
January 13, 2020 (84 FR 67171, December 9, 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 97 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 2019-23-03 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. 
Therefore, 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

[[Page 69146]]

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.

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:
0
a. Removing Airworthiness Directive (AD) 2019-23-03, Amendment 39-19796 
(84 FR 67171, December 9, 2019), and
0
b. Adding the following new AD:

2020-21-20 Dassault Aviation: Amendment 39-21293; Docket No. FAA-
2020-0677; Product Identifier 2020-NM-099-AD.

(a) Effective Date

    This AD is effective December 7, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2019-23-03, Amendment 39-19796 (84 FR 
67171, December 9, 2019) (``AD 2019-23-03'').
    (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/Ns 120 and higher, 
certificated in any category, with an original airworthiness 
certificate or original export certificate of airworthiness issued 
on or before October 2, 2019.

(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, among other things, fatigue cracking and 
damage in principal structural elements; such fatigue cracking and 
damage could result in reduced structural integrity of the airplane.

(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 (i) of AD 
2019-23-03, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before September 1, 2018: Within 90 days 
after January 13, 2020 (the effective date of AD 2019-23-03), 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 times for accomplishing the actions 
are at the times 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, or 90 days after the effective date of this AD, whichever 
occurs later, except as provided by paragraphs (g)(1) through (4) of 
this AD. Accomplishing the maintenance or inspection program 
revision required by paragraph (i) of this AD terminates the 
requirements of this paragraph.
    (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.

(h) Retained Restrictions on Alternative Actions and Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (j) of AD 
2019-23-03, with a new exception. Except as required by paragraph 
(i) of this AD, after the existing 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 and intervals are approved as an 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 
2020-0117, dated May 20, 2020 (``EASA AD 2020-0117''). 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 2020-0117

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0117 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0117 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but 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 2020-0117 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 2020-0117 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0117, 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 2020-0117 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0117 does not apply 
to this AD.

(k) New Provisions for Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (i) of this AD, no alternative actions (e.g., 
inspections) and intervals are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2020-0117.

(l) 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, 900EX 
airplanes, S/N 97 and S/Ns 120 and higher.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures

[[Page 69147]]

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 Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (n) of this 
AD. Information may be emailed to: [email protected].
    (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, Large Aircraft 
Section, International Validation 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.

(n) Related Information

    For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, International Validation 
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 
December 7, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0117, 
dated May 20, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
January 13, 2020 (84 FR 67171, December 9, 2019).
    (i) Chapter 5-40, Airworthiness Limitations, Revision 11, dated 
September 2018, of the Dassault Falcon 900EX EASy, Falcon 900LX, and 
Falcon 900DX Maintenance Manual.
    (ii) [Reserved]
    (5) For EASA AD 2020-0117, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 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 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, Airworthiness 
Products Section, Operational Safety 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-2020-0677.
    (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 October 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-24156 Filed 10-30-20; 8:45 am]
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