Airworthiness Directives; Dassault Aviation Airplanes, 63827-63830 [2019-24834]

Download as PDF Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Proposed Rules This AD requires doing the repair and applicable on-condition actions before further flight using a method approved in accordance with the procedures specified in paragraph (i) of this AD. DEPARTMENT OF TRANSPORTATION (i) Alternative Methods of Compliance (AMOCs) [Docket No. FAA–2019–0870; Product Identifier 2019–NM–125–AD] (1) The Manager, Seattle ACO 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 manager of the certification office, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov. (2) 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. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (j) Related Information khammond on DSKJM1Z7X2PROD with PROPOSALS (1) For more information about this AD, contact Greg Rutar, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3529; email: greg.rutar@faa.gov. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https:// www.myboeingfleet.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. Issued in Des Moines, Washington, on November 5, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–24835 Filed 11–18–19; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:09 Nov 18, 2019 Jkt 250001 Federal Aviation Administration 14 CFR Part 39 RIN 2120–AA64 Airworthiness Directives; Dassault Aviation Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2018–19–27 and AD 2014–16–12, which apply to certain Dassault Aviation Model FALCON 2000EX airplanes. Those ADs require revising the maintenance or inspection program, as applicable, to incorporate new maintenance requirements and airworthiness limitations. Since AD 2018–19–27 and AD 2014–16–12 were 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. SUMMARY: The FAA must receive comments on this proposed AD by January 3, 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; phone: 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 DATES: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 63827 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– 0870; 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; phone 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–2019–0870; Product Identifier 2019–NM–125–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 2018–19–27, Amendment 39–19428 (83 FR 50479, October 9, 2018) (‘‘AD 2018–19–27’’), for certain Dassault Aviation Model FALCON 2000EX airplanes. AD 2018– 19–27 requires revising the maintenance or inspection program, as applicable, to incorporate new maintenance requirements and airworthiness limitations. AD 2018–19–27 resulted from a determination that new or more restrictive maintenance requirements and airworthiness limitations are necessary. AD 2018–19–27 specifies that accomplishing the actions required by paragraph (g) of that AD terminates the requirements of AD 2014–16–12, E:\FR\FM\19NOP1.SGM 19NOP1 63828 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Proposed Rules Amendment 39–17936 (79 FR 52187, September 3, 2014) (‘‘AD 2014–16–12’’), but it does not supersede AD 2014–16– 12. In addition, AD 2018–19–27 specifies that accomplishing paragraph (g) of that AD terminates the requirements of paragraph (g)(1) of AD 2010–26–05, Amendment 39–16544 (75 FR 79952, December 21, 2010) (‘‘AD 2010–26–05’’), for Dassault Aviation Model FALCON 2000EX airplanes. This terminating provision of certain requirements of AD 2010–26–05 is included in this proposed AD. This AD proposes to supersede AD 2018–19–27 and AD 2014–16–12, but does not propose to supersede AD 2010–26–05. khammond on DSKJM1Z7X2PROD with PROPOSALS Actions Since AD 2018–19–27 Was Issued Since the FAA issued AD 2018–19– 27, 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 2019–0154, dated July 3, 2019 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all Dassault Aviation Model FALCON 2000EX airplanes. 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– 0870. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is proposing this AD to address reduced structural integrity of the airplane. See the MCAI for additional background information. Related Service Information Under 1 CFR Part 51 Dassault has issued Chapter 5–40, Airworthiness Limitations, DGT 113877, Revision 12, dated November 2018, of the Dassault Falcon 2000EX Maintenance Manual. This service information describes instructions applicable to airworthiness and safe life limitations. This proposed AD would also require Chapter 5–40, Airworthiness Limitations, DGT 113877, Revision 11, dated November 2017, of the Dassault Falcon 2000EX Maintenance Manual, which the Director of the Federal Register approved for incorporation by reference as of November 13, 2018 (83 FR 50479, October 9, 2018). This service information is reasonably available because the interested parties VerDate Sep<11>2014 16:09 Nov 18, 2019 Jkt 250001 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, The FAA has been notified of the unsafe condition described in the MCAI and service information referenced above. The FAA is proposing this AD because the FAA evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. Proposed Requirements of This NPRM This proposed AD would retain all requirements of AD 2018–19–27. 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 173 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 2018–19–27 to be $7,650 (90 workhours × $85 per work-hour). The FAA has determined that the new revision of 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 inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a perairplane estimate. Therefore, the FAA estimates the total cost per operator to PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. E:\FR\FM\19NOP1.SGM 19NOP1 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 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: a. Removing Airworthiness Directive (AD) 2018–19–27, Amendment 39– 19428 (83 FR 50479, October 9, 2018); and AD 2014–16–12, Amendment 39– 17936 (79 FR 52187, September 3, 2014); and ■ b. Adding the following new AD: ■ ■ Dassault Aviation: Docket No. FAA–2019– 0870; Product Identifier 2019–NM–125– AD. (a) Comments Due Date The FAA must receive comments by January 3, 2020. (b) Affected ADs (1) This AD replaces AD 2018–19–27, Amendment 39–19428 (83 FR 50479, October 9, 2018) (‘‘AD 2018–19–27’’); and AD 2014– 16–12, Amendment 39–17936 (79 FR 52187, September 3, 2014) (‘‘AD 2014–16–12’’). (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 2000EX airplanes, certificated in any category, with an original airworthiness certificate or original export certificate of airworthiness issued on or before January 15, 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 reduced structural integrity of the airplane. khammond on DSKJM1Z7X2PROD with PROPOSALS (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Revision of Maintenance or Inspection Program, With No Changes This paragraph restates the requirements of paragraph (g) of AD 2018–19–27, with no changes. Within 90 days after November 13, 2018 (the effective date of AD 2018–19–27), revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in Chapter 5–40, VerDate Sep<11>2014 16:09 Nov 18, 2019 Jkt 250001 Airworthiness Limitations, DGT 113877, Revision 11, dated November 2017, of the Dassault Falcon 2000EX Maintenance Manual. The initial compliance times for doing the tasks are at the time specified in Chapter 5–40, Airworthiness Limitations, DGT 113877, Revision 11, dated November 2017, of the Dassault Falcon 2000EX Maintenance Manual, or within 90 days after November 13, 2018, whichever occurs later; except for task number 52–20–00–610–801– 01, the initial compliance time is within 24 months after October 8, 2014 (the effective date of AD 2014–16–12). The term ‘‘LDG’’ in the ‘‘First Inspection’’ column of any table in Chapter 5–40, Airworthiness Limitations, DGT 113877, Revision 11, dated November 2017, means total airplane landings. The term ‘‘FH’’ in the ‘‘First Inspection’’ column of any table in Chapter 5–40, Airworthiness Limitations, DGT 113877, Revision 11, dated November 2017, means total flight hours. The term ‘‘FC’’ in the ‘‘First Inspection’’ column of any table in Chapter 5–40, Airworthiness Limitations, DGT 113877, Revision 11, dated November 2017, means total flight cycles. (h) Retained Provision: No Alternative Actions or Intervals, With a New Exception This paragraph restates the requirements of paragraph (h) of AD 2018–19–27, with a new exception. Except as required by paragraph (i) of this AD, after the maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l)(1) of this AD. (i) New Maintenance or Inspection Program Revision Within 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in Chapter 5–40, Airworthiness Limitations, DGT 113877, Revision 12, dated November 2018, of the Dassault Falcon 2000EX Maintenance Manual. The initial compliance times for doing the tasks are at the time specified in Chapter 5–40, Airworthiness Limitations, DGT 113877, Revision 12, dated November 2018, of the Dassault Falcon 2000EX Maintenance Manual, or within 90 days after the effective date of this AD, whichever occurs later; except for task number 52–20–00–610–801–01, the initial compliance time is within 24 months after October 8, 2014 (the effective date of AD 2014–16–12). 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. Doing the revision required by this paragraph terminates the actions required by paragraph (g) of this AD. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 63829 (j) New Provision: 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 Action 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 2000EX 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 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 2018–19–27 are not approved as AMOCs for this AD. (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. (m) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2019–0154, dated July 3, 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–2019–0870. (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; phone 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; phone: 201–440–6700; internet: https://www.dassault falcon.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, E:\FR\FM\19NOP1.SGM 19NOP1 63830 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Proposed Rules WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued in Des Moines, Washington, on November 7, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–24834 Filed 11–18–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 541 [Docket No. BOP–1172–P] RIN 1120–AB72 Inmate Discipline Program: New Prohibited Act Code for Pressuring Inmates for Legal Documents Bureau of Prisons, Department of Justice. ACTION: Proposed rule. AGENCY: In this document, the Bureau of Prisons (Bureau) proposes to add a new code to the list of prohibited act codes in the inmate discipline regulations which will clarify that the Bureau may discipline inmates for pressuring or otherwise intimidating other inmates into producing copies of their own legal documents, such as presentence reports (PSRs), or statement of reasons (SORs). DATES: Submit written comments on or before January 21, 2020. ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street NW, Washington, DC 20534. FOR FURTHER INFORMATION CONTACT: Rules Unit, Office of General Counsel, Bureau of Prisons, phone (202) 353– 8248. SUMMARY: SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with PROPOSALS Posting of Public Comments Please note that all comments received are considered part of the public record and made available for public inspection online at www.regulations.gov. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online, you must include the phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the first paragraph of your comment. You must also locate VerDate Sep<11>2014 16:09 Nov 18, 2019 Jkt 250001 all the personal identifying information you do not want posted online in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase ‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment contains so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted on www.regulations.gov. Personal identifying information identified and located as set forth above will be placed in the agency’s public docket file, but not posted online. Confidential business information identified and located as set forth above will not be placed in the public docket file. If you wish to inspect the agency’s public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph. Proposed Rule In this document, the Bureau proposes to add a new code to Table 1— Prohibited Acts and Available Sanctions in the inmate discipline regulations. See 28 CFR 541.3. The new code will clarify that the Bureau may discipline inmates for pressuring or otherwise intimidating other inmates into producing copies of their own legal documents, such as presentence reports (PSRs), statement of reasons (SORs), or other such documents. New code 231 will put inmates on notice that they may be disciplined for ‘‘[r]equesting, demanding, pressuring, or otherwise intentionally creating a situation which causes an inmate to produce or display his/her own court documents for any purpose to another inmate.’’ The Bureau has found that inmates, or inmate groups, frequently pressure other inmates for copies of their PSRs, SORs, or other similar sentencing documents from criminal judgments, to learn if they are informants, gang members, have financial resources, to find others involved in offenses, to prove affiliations, etc. Some inmates who produced, or refused to produce, the documents were threatened, assaulted, and/or sought protective custody, all of which jeopardized the Bureau’s ability to safely manage its institutions. The Bureau holds inmates accountable for threatening and coercive PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 behavior under existing provisions of the disciplinary code. This provision, however, will clarify that this specific behavior may result in sanctions. The defense bar, federal sentencing courts and the Bureau identified this issue as one of concern that requires heightened disciplinary attention. We therefore propose to add the aforementioned code provision to underscore the severity of the conduct described. Regulatory Analyses Executive Orders 12866, 13563, and 13771 This rule falls within a category of actions that the Office of Management and Budget (OMB) has determined do not constitute ‘‘significant regulatory actions’’ under section 3(f) of Executive Order 12866 and, accordingly, it was not reviewed by OMB. The economic effects of this regulation are limited to the Bureau’s appropriated funds. It takes an average of 7.5 hours of staff time to process an incident report. One of the expected outcomes of this clarifying regulation is that inmates may be deterred from engaging in the prohibited behavior because violations are better defined. This expected outcome would save staff resources required to process incident reports. At this time, however, the Bureau cannot estimate precisely how many incidents will be avoided or the monetary value of the resulting cost/ resource savings. Further, the Bureau would expect any anticipated savings generated by this rule to have minimal effect on the economy. Executive Order 13132 This regulation will not have substantial direct effect on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Under Executive Order 13132, we determine that this regulation does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Regulatory Flexibility Act The Director of the Bureau of Prisons, under the Regulatory Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and certifies that it will not have a significant economic impact upon a substantial number of small entities. This regulation pertains to the correctional management of offenders committed to the custody of the Attorney General or the Director of the Bureau of Prisons, and its economic impact is limited to the Bureau’s appropriated funds. E:\FR\FM\19NOP1.SGM 19NOP1

Agencies

[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Proposed Rules]
[Pages 63827-63830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24834]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0870; Product Identifier 2019-NM-125-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2018-19-27 and AD 2014-16-12, which apply to certain Dassault Aviation 
Model FALCON 2000EX airplanes. Those ADs require revising the 
maintenance or inspection program, as applicable, to incorporate new 
maintenance requirements and airworthiness limitations. Since AD 2018-
19-27 and AD 2014-16-12 were 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 January 3, 
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; phone: 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-
0870; 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; phone 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-2019-0870; 
Product Identifier 2019-NM-125-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 2018-19-27, Amendment 39-19428 (83 FR 50479, 
October 9, 2018) (``AD 2018-19-27''), for certain Dassault Aviation 
Model FALCON 2000EX airplanes. AD 2018-19-27 requires revising the 
maintenance or inspection program, as applicable, to incorporate new 
maintenance requirements and airworthiness limitations. AD 2018-19-27 
resulted from a determination that new or more restrictive maintenance 
requirements and airworthiness limitations are necessary. AD 2018-19-27 
specifies that accomplishing the actions required by paragraph (g) of 
that AD terminates the requirements of AD 2014-16-12,

[[Page 63828]]

Amendment 39-17936 (79 FR 52187, September 3, 2014) (``AD 2014-16-
12''), but it does not supersede AD 2014-16-12. In addition, AD 2018-
19-27 specifies that accomplishing paragraph (g) of that AD terminates 
the requirements of paragraph (g)(1) of AD 2010-26-05, Amendment 39-
16544 (75 FR 79952, December 21, 2010) (``AD 2010-26-05''), for 
Dassault Aviation Model FALCON 2000EX airplanes. This terminating 
provision of certain requirements of AD 2010-26-05 is included in this 
proposed AD.
    This AD proposes to supersede AD 2018-19-27 and AD 2014-16-12, but 
does not propose to supersede AD 2010-26-05.

Actions Since AD 2018-19-27 Was Issued

    Since the FAA issued AD 2018-19-27, 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 2019-0154, dated July 3, 2019 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Dassault Aviation Model FALCON 
2000EX airplanes. 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-2019-0870.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address reduced structural integrity of the 
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Dassault has issued Chapter 5-40, Airworthiness Limitations, DGT 
113877, Revision 12, dated November 2018, of the Dassault Falcon 2000EX 
Maintenance Manual. This service information describes instructions 
applicable to airworthiness and safe life limitations.
    This proposed AD would also require Chapter 5-40, Airworthiness 
Limitations, DGT 113877, Revision 11, dated November 2017, of the 
Dassault Falcon 2000EX Maintenance Manual, which the Director of the 
Federal Register approved for incorporation by reference as of November 
13, 2018 (83 FR 50479, October 9, 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, The FAA 
has been notified of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all requirements of AD 2018-19-27. 
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 173 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 2018-19-27 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that the new revision of 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 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.

[[Page 63829]]

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) 2018-19-27, Amendment 39-19428 
(83 FR 50479, October 9, 2018); and AD 2014-16-12, Amendment 39-17936 
(79 FR 52187, September 3, 2014); and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2019-0870; Product Identifier 
2019-NM-125-AD.

(a) Comments Due Date

    The FAA must receive comments by January 3, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2018-19-27, Amendment 39-19428 (83 FR 
50479, October 9, 2018) (``AD 2018-19-27''); and AD 2014-16-12, 
Amendment 39-17936 (79 FR 52187, September 3, 2014) (``AD 2014-16-
12'').
    (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 2000EX 
airplanes, certificated in any category, with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before January 15, 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 reduced structural integrity of the 
airplane.

(f) Compliance

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

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

    This paragraph restates the requirements of paragraph (g) of AD 
2018-19-27, with no changes. Within 90 days after November 13, 2018 
(the effective date of AD 2018-19-27), revise the existing 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Chapter 5-40, Airworthiness Limitations, 
DGT 113877, Revision 11, dated November 2017, of the Dassault Falcon 
2000EX Maintenance Manual. The initial compliance times for doing 
the tasks are at the time specified in Chapter 5-40, Airworthiness 
Limitations, DGT 113877, Revision 11, dated November 2017, of the 
Dassault Falcon 2000EX Maintenance Manual, or within 90 days after 
November 13, 2018, whichever occurs later; except for task number 
52-20-00-610-801-01, the initial compliance time is within 24 months 
after October 8, 2014 (the effective date of AD 2014-16-12). The 
term ``LDG'' in the ``First Inspection'' column of any table in 
Chapter 5-40, Airworthiness Limitations, DGT 113877, Revision 11, 
dated November 2017, means total airplane landings. The term ``FH'' 
in the ``First Inspection'' column of any table in Chapter 5-40, 
Airworthiness Limitations, DGT 113877, Revision 11, dated November 
2017, means total flight hours. The term ``FC'' in the ``First 
Inspection'' column of any table in Chapter 5-40, Airworthiness 
Limitations, DGT 113877, Revision 11, dated November 2017, means 
total flight cycles.

(h) Retained Provision: No Alternative Actions or Intervals, With a New 
Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2018-19-27, with a new exception. Except as required by paragraph 
(i) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Chapter 5-40, Airworthiness 
Limitations, DGT 113877, Revision 12, dated November 2018, of the 
Dassault Falcon 2000EX Maintenance Manual. The initial compliance 
times for doing the tasks are at the time specified in Chapter 5-40, 
Airworthiness Limitations, DGT 113877, Revision 12, dated November 
2018, of the Dassault Falcon 2000EX Maintenance Manual, or within 90 
days after the effective date of this AD, whichever occurs later; 
except for task number 52-20-00-610-801-01, the initial compliance 
time is within 24 months after October 8, 2014 (the effective date 
of AD 2014-16-12). 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. Doing the revision required by this paragraph terminates the 
actions required by paragraph (g) of this AD.

(j) New Provision: 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 Action 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 2000EX 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 2018-19-27 are not 
approved as AMOCs for this AD.
    (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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2019-0154, dated July 3, 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-2019-0870.
    (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; phone 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; phone: 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,

[[Page 63830]]

WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on November 7, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-24834 Filed 11-18-19; 8:45 am]
 BILLING CODE 4910-13-P