Airworthiness Directives; Dassault Aviation Airplanes, 63585-63588 [2019-24707]
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Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Proposed Rules
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
removing Airworthiness Directive (AD)
2011–09–06, Amendment 39–16668 (76
FR 22005, April 20, 2011), and adding
the following new AD:
■
Airbus SAS: Docket No. FAA–2019–0867;
Product Identifier 2019–NM–131–AD.
(a) Comments Due Date
The FAA must receive comments by
January 2, 2020.
(b) Affected ADs
This AD replaces AD 2011–09–06,
Amendment 39–16668 (76 FR 22005, April
20, 2011) (‘‘AD 2011–09–06’’).
(c) Applicability
This AD applies to the Airbus SAS Model
airplanes identified in paragraphs (c)(1)
through (7) of this AD, certificated in any
category, all manufacturer serial numbers.
(1) Model A330–223F, and –243F
airplanes.
(2) Model A330–201, –202, –203, –223, and
–243 airplanes.
(3) Model A330–301, –302, –303, –321,
–322, –323, –341, –342, and –343 airplanes.
(4) Model A330–941 airplanes.
(5) Model A340–211, –212, and –213
airplanes.
(6) Model A340–311, –312, and –313
airplanes.
(7) Model A340–541 and –642 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 52, Doors.
(e) Reason
This AD was prompted by a report that an
escape slide deployment test found a girt bar
that was not in a locked position and was
detached from the airplane. This AD was also
prompted by a determination that additional
airplanes not identified in AD 2011–09–06
are affected by the unsafe condition. The
FAA is issuing this AD to address this
condition, which could result in slides
detaching from the door after inflation, and
could, during an emergency, prevent a safe
evacuation of the cabin and possibly result in
injuries.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2019–0155, dated
July 3, 2019 (‘‘EASA AD 2019–0155’’).
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.
(h) Exceptions to EASA AD 2019–0155
(1) Where EASA AD 2019–0155 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where paragraph (1) of EASA AD 2019–
0155 refers to February 17, 2001, as an
effective date, this AD requires using March
19, 2002 (the effective date of AD 2002–02–
07, Amendment 39–12635 (67 FR 6370,
February 12, 2002)) for all airplanes
identified in paragraph (1) of EASA AD
2019–0155, except for Model A330–223F and
–243F airplanes. For Model A330–223F and
–243F airplanes, use May 5, 2011 (the
effective date of AD 2011–09–06).
(3) The ‘‘Remarks’’ section of EASA AD
2019–0155 does not apply to this AD.
(k) Related Information
(1) For information about EASA
Airworthiness Directive 2019–0155, dated
July 3, 2019, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 6017; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. 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–2019–0867.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3229.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2019–0155 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) 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 (k)(2) of this AD. Information may
be emailed to 9-ANM-116-AMOCREQUESTS@faa.gov. 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 Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0155 that contains RC procedures and
tests: Except as required by paragraphs (i)
and (j)(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
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Issued in Des Moines, Washington, on
November 6, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–24706 Filed 11–15–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0868; Product
Identifier 2019–NM–152–AD]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Dassault Aviation Model
MYSTERE–FALCON 20–C5, 20–D5, 20–
E5, and 20–F5 airplanes. This proposed
AD was prompted by a determination
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
SUMMARY:
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Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Proposed Rules
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by January 2, 2020.
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 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–
0868; 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–2019–0868; Product
Identifier 2019–NM–152–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
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this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM because of
those comments.
The FAA will post all comments the
agency receives, 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 the agency receives about this
NPRM.
Discussion
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0200R1, dated August 29, 2019
(referred to after this as the Mandatory
Continuing Airworthiness Information,
or ‘‘the MCAI’’), to correct an unsafe
condition for Dassault Aviation Model
MYSTERE–FALCON 20–C5, 20–D5, 20–
E5, and 20–F5 airplanes, except those
on which the Supplemental Structural
Inspection Program (SSIP) (Dassault
Service Bulletin 730) has been
embodied into the airplane’s
maintenance program. 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–
0868.
This proposed AD was prompted by
a determination that new or more
restrictive airworthiness limitations are
necessary relating to safe life limits and
certification maintenance requirements.
The FAA is proposing this AD to
address fatigue cracking, damage, and
corrosion in principal structural
elements, which could result in reduced
structural integrity of the airplane. See
the MCAI for additional background
information.
Relationship Between Proposed AD and
AD 2010–26–05
This NPRM does not propose to
supersede AD 2010–26–05 Amendment
39–16544 (75 FR 79952, December 21,
2010) (‘‘AD 2010–26–05’’). Rather, the
FAA has determined that a stand-alone
AD is more appropriate to address the
changes in the MCAI. This proposed AD
would require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
Accomplishment of the proposed
actions would then terminate paragraph
(g)(1) of AD 2010–26–05 only for Model
MYSTERE–FALCON 20–C5, 20–D5, 20–
E5, and 20–F5 airplanes on which the
SSIP has not been embodied into the
airplane’s existing maintenance or
inspection program.
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Related Service Information Under 1
CFR Part 51
Dassault Aviation has issued Chapter
5–40–00, Airworthiness Limitations, of
the Dassault Falcon 20 Retrofit 731
Maintenance Manual, Revision 13,
dated January 1, 2019. This service
information describes airworthiness
limitations for safe life limits and
certification maintenance requirements.
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 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 (j)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this proposed
AD affects 56 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours 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
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Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Proposed Rules
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 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
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.
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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 adding
the following new airworthiness
directive (AD):
■
Dassault Aviation: Docket No. FAA–2019–
0868; Product Identifier 2019–NM–152–
AD.
(a) Comments Due Date
The FAA must receive comments by
January 2, 2020.
(b) Affected ADs
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 MYSTERE–FALCON 20–C5, 20–D5,
20–E5, and 20–F5 airplanes, certificated in
any category, except those on which the
Supplemental Structural Inspection Program
(SSIP) (Dassault Service Bulletin 730) has
been embodied into the airplane’s existing
maintenance or inspection program.
(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 fatigue cracking, damage,
and corrosion in principal structural
elements, which could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) 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 5–40–00, Airworthiness Limitations,
of the Dassault Falcon 20 Retrofit 731
Maintenance Manual, Revision 13, dated
January 1, 2019. The initial compliance time
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63587
for doing the tasks is at the time specified in
Chapter 5–40–00, Airworthiness Limitations,
of the Dassault Falcon 20 Retrofit 731
Maintenance Manual, Revision 13, dated
January 1, 2019, or within 90 days after the
effective date of this AD, whichever occurs
later.
(h) No Alternative Actions or Intervals
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 (j)(1) of this AD.
(i) Terminating Action for AD 2010–26–05
Accomplishing the actions required by this
AD terminates the requirements of paragraph
(g)(1) of AD 2010–26–05 only for Model
MYSTERE–FALCON 20–C5, 20–D5, 20–E5,
and 20–F5 airplanes on which the SSIP has
not been embodied into the airplane’s
existing maintenance or inspection program.
(j) 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 (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. 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 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.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2019–0200R1, dated August 29, 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–2019–0868.
(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.
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(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
November 6, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–24707 Filed 11–15–19; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA–2018–0026]
RIN 0960–AI27
Rules Regarding the Frequency and
Notice of Continuing Disability
Reviews
Social Security Administration.
Notice of proposed rulemaking
(NPRM).
AGENCY:
ACTION:
We propose to revise our
regulations regarding when and how
often we conduct continuing disability
reviews (CDR), which are periodic
reviews of eligibility required for benefit
continuation. The proposed rules would
add a category to the existing medical
diary categories that we use to schedule
CDRs and revise the criteria for
assigning each of the medical diary
categories to cases. The proposed rules
would also change the frequency with
which we perform a CDR for claims
with the medical diary category for
permanent impairments. The revised
changes would ensure that we continue
to maintain appropriate stewardship of
the disability program and identify
medical improvement (MI) at its earliest
point.
DATES: To ensure your comments are
considered we must receive your
comments by January 17, 2020.
ADDRESSES: You may submit comments
by any one of three methods—internet,
fax, or mail. Do not submit the same
comments multiple times or by more
than one method. Regardless of which
method you choose, please state that
your comments refer to Docket No.
SSA–2018–0026 so that we may
associate your comments with the
correct regulation.
SUMMARY:
CAUTION: You should be careful to
include in your comments only information
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that you wish to make publicly available. We
strongly urge you not to include in your
comments any personal information, such as
Social Security numbers or medical
information.
1. Internet: We strongly recommend
that you submit your comments via the
internet. Please visit the Federal
eRulemaking portal at https://
www.regulations.gov. Use the Search
function to find docket number SSA–
2018–0026 and then submit your
comments. The system will issue you a
tracking number to confirm your
submission. You will not be able to
view your comment immediately
because we must post each submission
manually. It may take up to a week for
your comments to be viewable.
2. Fax: Fax comments to (410) 966–
2830.
3. Mail: Address your comments to
the Office of Regulations and Reports
Clearance, Social Security
Administration, 3100 West High Rise
Building, 6401 Security Boulevard,
Baltimore, Maryland 21235–6401.
Comments are available for public
viewing on the Federal eRulemaking
portal at https://www.regulations.gov or
in person, during regular business
hours, by arranging with the contact
person identified below.
FOR FURTHER INFORMATION CONTACT:
Cheryl A. Williams, Office of Disability
Policy, Social Security Administration,
6401 Security Boulevard, Baltimore, MD
21235–6401, (410) 965–1020. For
information on eligibility or filing for
benefits, call our national toll-free
number, 1–800–772–1213 or TTY 1–
800–325–0778, or visit our internet site,
Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 221(i) of the Social Security
Act (Act) provides that, when we
determine a person is disabled, we
periodically review the case to ensure
that the individual continues to meet
the disability eligibility requirements of
the Act. We must complete these
periodic reviews at least once every 3
years, except when we determine the
requirement should be waived, or when
we determine that the disability is
permanent, in which case, we can
perform the review when we deem
appropriate. We call the periodic
reviews required under the Act
‘‘continuing disability reviews’’ (CDR).
Section 221(i)(2) of the Act also
requires that we report this activity to
Congress annually. In the most recent
report we submitted to Congress, we
reported that:
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. . . we spent $717 million to complete
1,971,812 periodic CDRs. Of this total, we
completed 1,172,799 mailer CDRs. We also
completed 799,013 full medical
reviews. . . . Our Office of the Chief Actuary
(OCAct) . . . estimates that the periodic
CDRs completed in FY 2015 will result in a
present value of $14.3 billion in lifetime net
Federal program benefits saved. For FY 2015,
the estimated ratio of net program savings to
administrative costs is approximately $19.9
to $1.1
A. Why We Conduct CDRs—A Brief
History
We conduct CDRs to determine
whether a person who receives Social
Security disability benefits 2 under title
II of the Act or Supplemental Security
Income (SSI) payments under title XVI
of the Act continues to meet the
disability or blindness requirements of
the law.3
Prior to the Social Security Disability
Amendments of 1980 (1980
Amendments),4 we did not conduct
CDRs on all of our beneficiaries to
ensure that they continued to meet the
Act’s definition of disability. Instead,
our procedures at the time provided that
we conducted CDRs only on a limited
set of beneficiaries who had conditions
that we expected to improve.5 In the
1970s, the disability incidence rate (the
number of disability awards in relation
to the population) increased
significantly, with substantial increases
in the cost of the disability program.
During this period, the Social Security
Amendments of 1972 (1972
Amendments) extended Medicare
coverage to disability beneficiaries, with
the opportunity for improved disability
outcomes.6 Congress held numerous
hearings and considered a package of
legislative actions to strengthen the
integrity of the disability program and
improve program administration. The
1980 Amendments added section 221(i)
to the Act, which required us to conduct
CDRs at least once every 3 years for all
title II disability beneficiaries with
1 Social Security Administration, Annual Report
on Medical Continuing Disability Reviews, Fiscal
Year 2015 (2019). Available at: https://
www.ssa.gov/legislation/
FY%202015%20CDR%20Report.pdf.
2 We pay three benefits based on disability under
title II: disability insurance benefits (DIB), disabled
widow(er) benefits, and childhood disability
benefits.
3 Sec. 221(i)(2) of the Act; 42 U.S.C. 421(i)(2); 20
CFR 404.1590(a), 416.990(a).
4 Public Law 96–265, section 311, 94 Stat. 441,
460.
5 H.R. Rep. No. 96–944, at 60 (1980) (Conf. Rep.)
Available at https://www.ssa.gov/history/pdf/
Downey%20PDFs/Social%20Security%
20Disability%20Amendments%20of%
201980%20Vol%202.pdf.
6 Public Law 92–603, sec. 201, 86 Stat. 1329,
1371.
E:\FR\FM\18NOP1.SGM
18NOP1
]]>Agencies
[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Proposed Rules]
[Pages 63585-63588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24707]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0868; Product Identifier 2019-NM-152-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Dassault Aviation Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5,
and 20-F5 airplanes. This proposed AD was prompted by a determination
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
[[Page 63586]]
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by January 2,
2020.
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 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-
0868; 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-2019-0868;
Product Identifier 2019-NM-152-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments the agency receives, 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 the agency receives about this NPRM.
Discussion
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0200R1, dated August 29, 2019 (referred to after this as
the Mandatory Continuing Airworthiness Information, or ``the MCAI''),
to correct an unsafe condition for Dassault Aviation Model MYSTERE-
FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes, except those on which
the Supplemental Structural Inspection Program (SSIP) (Dassault Service
Bulletin 730) has been embodied into the airplane's maintenance
program. 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-2019-0868.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary relating to safe
life limits and certification maintenance requirements. The FAA is
proposing this AD to address fatigue cracking, damage, and corrosion in
principal structural elements, which could result in reduced structural
integrity of the airplane. See the MCAI for additional background
information.
Relationship Between Proposed AD and AD 2010-26-05
This NPRM does not propose to supersede AD 2010-26-05 Amendment 39-
16544 (75 FR 79952, December 21, 2010) (``AD 2010-26-05''). Rather, the
FAA has determined that a stand-alone AD is more appropriate to address
the changes in the MCAI. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations.
Accomplishment of the proposed actions would then terminate paragraph
(g)(1) of AD 2010-26-05 only for Model MYSTERE-FALCON 20-C5, 20-D5, 20-
E5, and 20-F5 airplanes on which the SSIP has not been embodied into
the airplane's existing maintenance or inspection program.
Related Service Information Under 1 CFR Part 51
Dassault Aviation has issued Chapter 5-40-00, Airworthiness
Limitations, of the Dassault Falcon 20 Retrofit 731 Maintenance Manual,
Revision 13, dated January 1, 2019. This service information describes
airworthiness limitations for safe life limits and certification
maintenance requirements. 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 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
(j)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this proposed AD affects 56 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
The FAA has determined that revising the existing 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
[[Page 63587]]
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 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 adding the following new airworthiness
directive (AD):
Dassault Aviation: Docket No. FAA-2019-0868; Product Identifier
2019-NM-152-AD.
(a) Comments Due Date
The FAA must receive comments by January 2, 2020.
(b) Affected ADs
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 MYSTERE-FALCON 20-C5,
20-D5, 20-E5, and 20-F5 airplanes, certificated in any category,
except those on which the Supplemental Structural Inspection Program
(SSIP) (Dassault Service Bulletin 730) has been embodied into the
airplane's existing maintenance or inspection program.
(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 fatigue cracking, damage, and corrosion
in principal structural elements, which could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) 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 5-40-00,
Airworthiness Limitations, of the Dassault Falcon 20 Retrofit 731
Maintenance Manual, Revision 13, dated January 1, 2019. The initial
compliance time for doing the tasks is at the time specified in
Chapter 5-40-00, Airworthiness Limitations, of the Dassault Falcon
20 Retrofit 731 Maintenance Manual, Revision 13, dated January 1,
2019, or within 90 days after the effective date of this AD,
whichever occurs later.
(h) No Alternative Actions or Intervals
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 (j)(1) of this AD.
(i) Terminating Action for AD 2010-26-05
Accomplishing the actions required by this AD terminates the
requirements of paragraph (g)(1) of AD 2010-26-05 only for Model
MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes on which the
SSIP has not been embodied into the airplane's existing maintenance
or inspection program.
(j) 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 (k)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: 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 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.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2019-0200R1, dated August 29, 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-2019-0868.
(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.
[[Page 63588]]
(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 November 6, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-24707 Filed 11-15-19; 8:45 am]
BILLING CODE 4910-13-P
