Airworthiness Directives; Dassault Aviation Airplanes, 47906-47908 [2019-19504]
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47906
Proposed Rules
Federal Register
Vol. 84, No. 176
Wednesday, September 11, 2019
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.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0668; Product
Identifier 2019–NM–108–AD]
RIN 2120–AA64
Examining the AD Docket
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directives
(ADs) 2016–01–16, 2017–19–03, and
2018–19–05, which apply to Dassault
Aviation Model MYSTERE-FALCON
900 airplanes. Those ADs require
revising the maintenance or inspection
program, as applicable, to incorporate
new or more restrictive maintenance
requirements and/or airworthiness
limitations. Since AD 2018–19–05 was
issued, 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 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
https://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.
jspears on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:11 Sep 10, 2019
• 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
https://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.
Jkt 247001
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0668; 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–2019–0668; Product
Identifier 2019–NM–108–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 https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
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Fmt 4702
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contact received about this proposed
AD.
Discussion
The FAA issued AD 2018–19–05,
Amendment 39–19405 (83 FR 47813,
September 21, 2018) (‘‘AD 2018–19–
05’’), for all Dassault Aviation Model
MYSTERE-FALCON 900 airplanes. AD
2018–19–05 requires revising the
maintenance or inspection program, as
applicable, to incorporate new and more
restrictive maintenance requirements
and airworthiness limitations. AD 2018–
19–05 resulted from a determination
that more restrictive maintenance
requirements and airworthiness
limitations are necessary. The FAA
issued AD 2018–19–05 to address
reduced structural integrity of the
airplane. AD 2018–19–05 specified that
accomplishing the actions required by
paragraph (g) of that AD would
terminate the requirements of AD 2016–
01–16, Amendment 39–18376 (81 FR
3320, January 21, 2016) and AD 2017–
19–03, Amendment 39–19033 (82 FR
43166, September 14, 2017). AD 2018–
19–05 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
MYSTERE-FALCON 900 airplanes.
Actions Since AD 2018–19–05 Was
Issued
Since AD 2018–19–05 was 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
2019–0132, 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 MYSTERE-FALCON 900
airplanes. The MCAI states:
The airworthiness limitations for Myste`reFalcon 900 aeroplanes, which are approved
by EASA, are currently defined and
published in Dassault Myste`re-Falcon 900
[airplane maintenance manual] AMM,
Chapter 5–40. These instructions have been
identified as mandatory for continued
airworthiness.
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Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules
Failure to accomplish these instructions
could result in an unsafe condition [reduced
structural integrity of the airplane].
EASA previously issued AD 2018–0027
[which corresponds to FAA AD 2018–19–05],
requiring the actions described in Dassault
Myste`re-Falcon 900 AMM, Chapter 5–40
(DGT113873) at Revision 23.
Since that [EASA] AD was issued, Dassault
published the [airworthiness limitations
section] ALS, as defined in this [EASA] AD,
containing new and/or more restrictive
maintenance tasks.
For the reason described above, this
[EASA] AD retains the requirements of EASA
AD 2018–0027, which is superseded, and
requires accomplishment of the actions
specified in the ALS, as defined in this
[EASA] AD.
You may examine the MCAI in the
AD docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0668.
Related Service Information Under 1
CFR Part 51
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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 our
bilateral agreement with the State of
Design Authority, we have 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.
17:11 Sep 10, 2019
Jkt 247001
This proposed AD would retain all of
the requirements of AD 2018–19–05.
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.
Costs of Compliance
Dassault Aviation has issued Chapter
5–40, Airworthiness Limitations,
Revision 24, dated September 2018, of
the Dassault Aviation Falcon 900
Maintenance Manual. This service
information describes procedures,
maintenance tasks, and airworthiness
limitations specified in the
Airworthiness Limitations Section
(ALS) of the AMM.
This proposed AD would also require
Chapter 5–40, Airworthiness
Limitations, Revision 23, dated
September 2017, of the Dassault
Aviation Falcon 900 Maintenance
Manual, which the Director of the
Federal Register approved for
incorporation by reference as of October
26, 2018 (83 FR 47813, September 21,
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.
VerDate Sep<11>2014
Proposed Requirements of This NPRM
The FAA estimates that this proposed
AD affects 134 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 2018–19–05 to be $7,650 (90 workhours × $85 per work-hour).
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although this
number may vary from operator to
operator. In the past, the FAA has
estimated that this action takes 1 workhour 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 × $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
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47907
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 has 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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing airworthiness directive
(AD) 2016–01–16, Amendment 39–
18376 (81 FR 3320, January 21, 2016);
AD 2017–19–03, Amendment 39–19033
■
■
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11SEP1
47908
Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules
(82 FR 43166, September 14, 2017); and
2018–19–05, Amendment 39–19405 (83
FR 47813, September 21, 2018); and
■ b. Adding the following new AD:
Dassault Aviation: Docket No. FAA–2019–
0668; Product Identifier 2019–NM–108–
AD.
(a) Comments Due Date
We must receive comments by October 28,
2019.
(b) Affected ADs
(1) This AD replaces AD 2016–01–16,
Amendment 39–18376 (81 FR 3320, January
21, 2016) (‘‘AD 2016–01–06’’); AD 2017–19–
03, Amendment 39–19033 (82 FR 43166,
September 14, 2017) (‘‘AD 2017–19–03’’);
and AD 2018–19–05, Amendment 39–19405
(83 FR 47813, September 21, 2018) (‘‘AD
2018–19–05’’).
(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 MYSTERE-FALCON 900 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 structural
integrity of the airplane.
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(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 2018–19–05, with no
changes. Within 90 days after October 26,
2018 (the effective date of AD 2018–19–05),
revise the maintenance or inspection
program, as applicable, to incorporate the
information specified in Chapter 5–40,
Airworthiness Limitations, Revision 23,
dated September 2017, of the Dassault
Aviation Falcon 900 Maintenance Manual.
The initial compliance times for doing the
tasks are at the time specified in Chapter 5–
40, Airworthiness Limitations, Revision 23,
dated September 2017, of the Dassault
Aviation Falcon 900 Maintenance Manual, or
within 90 days after October 26, 2018,
whichever occurs later. 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
VerDate Sep<11>2014
17:11 Sep 10, 2019
Jkt 247001
table in the service information specified in
this paragraph means months.
(h) Retained No Alternative Actions or
Intervals With a New Exception
This paragraph restates the requirements of
paragraph (h) of AD 2018–19–05, 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, 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: Revision of
Maintenance or Inspection Program
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 24, dated September 2018, of the
Dassault Aviation Falcon 900 Maintenance
Manual. The initial compliance times for
doing the tasks are at the time specified in
Chapter 5–40, Airworthiness Limitations,
Revision 24, dated September 2018, of the
Dassault Aviation Falcon 900 Maintenance
Manual, or within 90 days after the effective
date of this AD, whichever occurs later. 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 the date of issuance of the original
airworthiness certificate or the date of
issuance of the original export certificate of
airworthiness. Doing the revision required by
this paragraph terminates the actions
required by paragraph (g) of this AD.
(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 or
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
MYSTERE-FALCON 900 airplanes.
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 9-ANM-116-AMOCREQUESTS@faa.gov.
(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
2018–19–05 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
2019–0132, dated June 11, 2019, for related
information. This MCAI may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0668.
(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 https://
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 3, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–19504 Filed 9–10–19; 8:45 am]
BILLING CODE 4910–13–P
(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
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Agencies
[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Proposed Rules]
[Pages 47906-47908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19504]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 /
Proposed Rules
[[Page 47906]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0668; Product Identifier 2019-NM-108-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 Directives (ADs)
2016-01-16, 2017-19-03, and 2018-19-05, which apply to Dassault
Aviation Model MYSTERE-FALCON 900 airplanes. Those ADs require revising
the maintenance or inspection program, as applicable, to incorporate
new or more restrictive maintenance requirements and/or airworthiness
limitations. Since AD 2018-19-05 was issued, 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 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 https://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 https://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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0668; 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-2019-0668;
Product Identifier 2019-NM-108-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 https://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 2018-19-05, Amendment 39-19405 (83 FR 47813,
September 21, 2018) (``AD 2018-19-05''), for all Dassault Aviation
Model MYSTERE-FALCON 900 airplanes. AD 2018-19-05 requires revising the
maintenance or inspection program, as applicable, to incorporate new
and more restrictive maintenance requirements and airworthiness
limitations. AD 2018-19-05 resulted from a determination that more
restrictive maintenance requirements and airworthiness limitations are
necessary. The FAA issued AD 2018-19-05 to address reduced structural
integrity of the airplane. AD 2018-19-05 specified that accomplishing
the actions required by paragraph (g) of that AD would terminate the
requirements of AD 2016-01-16, Amendment 39-18376 (81 FR 3320, January
21, 2016) and AD 2017-19-03, Amendment 39-19033 (82 FR 43166, September
14, 2017). AD 2018-19-05 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 MYSTERE-FALCON 900 airplanes.
Actions Since AD 2018-19-05 Was Issued
Since AD 2018-19-05 was 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 2019-0132, 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 MYSTERE-
FALCON 900 airplanes. The MCAI states:
The airworthiness limitations for Myst[egrave]re-Falcon 900
aeroplanes, which are approved by EASA, are currently defined and
published in Dassault Myst[egrave]re-Falcon 900 [airplane
maintenance manual] AMM, Chapter 5-40. These instructions have been
identified as mandatory for continued airworthiness.
[[Page 47907]]
Failure to accomplish these instructions could result in an
unsafe condition [reduced structural integrity of the airplane].
EASA previously issued AD 2018-0027 [which corresponds to FAA AD
2018-19-05], requiring the actions described in Dassault
Myst[egrave]re-Falcon 900 AMM, Chapter 5-40 (DGT113873) at Revision
23.
Since that [EASA] AD was issued, Dassault published the
[airworthiness limitations section] ALS, as defined in this [EASA]
AD, containing new and/or more restrictive maintenance tasks.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2018-0027, which is superseded, and requires
accomplishment of the actions specified in the ALS, as defined in
this [EASA] AD.
You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0668.
Related Service Information Under 1 CFR Part 51
Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, Revision 24, dated September 2018, of the Dassault
Aviation Falcon 900 Maintenance Manual. This service information
describes procedures, maintenance tasks, and airworthiness limitations
specified in the Airworthiness Limitations Section (ALS) of the AMM.
This proposed AD would also require Chapter 5-40, Airworthiness
Limitations, Revision 23, dated September 2017, of the Dassault
Aviation Falcon 900 Maintenance Manual, which the Director of the
Federal Register approved for incorporation by reference as of October
26, 2018 (83 FR 47813, September 21, 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 our bilateral agreement with the State of Design Authority, we have
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 2018-
19-05. 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.
Costs of Compliance
The FAA estimates that this proposed AD affects 134 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 2018-19-05 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 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 has 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) 2016-01-16, Amendment 39-18376
(81 FR 3320, January 21, 2016); AD 2017-19-03, Amendment 39-19033
[[Page 47908]]
(82 FR 43166, September 14, 2017); and 2018-19-05, Amendment 39-19405
(83 FR 47813, September 21, 2018); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2019-0668; Product Identifier
2019-NM-108-AD.
(a) Comments Due Date
We must receive comments by October 28, 2019.
(b) Affected ADs
(1) This AD replaces AD 2016-01-16, Amendment 39-18376 (81 FR
3320, January 21, 2016) (``AD 2016-01-06''); AD 2017-19-03,
Amendment 39-19033 (82 FR 43166, September 14, 2017) (``AD 2017-19-
03''); and AD 2018-19-05, Amendment 39-19405 (83 FR 47813, September
21, 2018) (``AD 2018-19-05'').
(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 MYSTERE-FALCON
900 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 structural integrity 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
2018-19-05, with no changes. Within 90 days after October 26, 2018
(the effective date of AD 2018-19-05), revise the maintenance or
inspection program, as applicable, to incorporate the information
specified in Chapter 5-40, Airworthiness Limitations, Revision 23,
dated September 2017, of the Dassault Aviation Falcon 900
Maintenance Manual. The initial compliance times for doing the tasks
are at the time specified in Chapter 5-40, Airworthiness
Limitations, Revision 23, dated September 2017, of the Dassault
Aviation Falcon 900 Maintenance Manual, or within 90 days after
October 26, 2018, whichever occurs later. 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.
(h) Retained No Alternative Actions or Intervals With a New Exception
This paragraph restates the requirements of paragraph (h) of AD
2018-19-05, 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, 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: Revision of Maintenance or Inspection
Program
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 24, dated September 2018, of the Dassault
Aviation Falcon 900 Maintenance Manual. The initial compliance times
for doing the tasks are at the time specified in Chapter 5-40,
Airworthiness Limitations, Revision 24, dated September 2018, of the
Dassault Aviation Falcon 900 Maintenance Manual, or within 90 days
after the effective date of this AD, whichever occurs later. 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 the date of issuance
of the original airworthiness certificate or the date of issuance of
the original export certificate of airworthiness. Doing the revision
required by this paragraph terminates the actions required by
paragraph (g) of this AD.
(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 or 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 MYSTERE-FALCON 900 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].
(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 2018-19-05 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 2019-0132, dated June 11, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0668.
(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 https://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 3, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-19504 Filed 9-10-19; 8:45 am]
BILLING CODE 4910-13-P