Airworthiness Directives; Dassault Aviation Airplanes, 63822-63825 [2019-24993]

Download as PDF 63822 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Proposed Rules 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 engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation Division. Regulatory Findings The FAA has determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2017–09–06, Amendment 39–18868 (82 FR 21111, May 5, 2017), and adding the following new AD: khammond on DSKJM1Z7X2PROD with PROPOSALS ■ General Electric Company: Docket No. FAA– 2019–0683; Product Identifier 2015–NE– 02–AD. (a) Comments Due Date The FAA must receive comments on this AD action by January 3, 2020. (b) Affected ADs This AD replaces AD 2017–09–06, Amendment 39–18868 (82 FR 21111, May 5, 2017). VerDate Sep<11>2014 16:09 Nov 18, 2019 Jkt 250001 (c) Applicability This AD applies to all General Electric Company (GE) GEnx–1B and GEnx–2B model turbofan engines. (d) Subject Joint Aircraft System Component (JASC) Code 7600, Engine Controls. (e) Unsafe Condition This AD was prompted by reports of GEnx–1B and GEnx–2B model turbofan engines experiencing power loss in ice crystal icing conditions. The FAA is issuing this AD to prevent engine failure. The unsafe condition, if not addressed, could result in loss of thrust control and damage to the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) Within 120 days after the effective date of this AD, for GE GEnx–1B model turbofan engines, remove electronic engine control (EEC) full authority digital engine control (FADEC) software, version B195 or earlier, from the engine and from service. (2) Within 120 days after the effective date of this AD, for GE GEnx–2B model turbofan engines, remove EEC FADEC software, version C085 or earlier, from the engine and from service. (3) At the next engine shop visit after June 9, 2017 (the effective date of AD 2017–09– 06), or before further flight, whichever occurs later, remove from service all GE GEnx–2B67, –2B67B, and –2B67/P fan hub stator assembly booster outlet guide vanes, part number B1316–00720, and replace with a part eligible for installation. (h) Definition For the purpose of this AD, an ‘‘engine shop visit’’ is the induction of an engine into the shop for maintenance involving the separation of pairs of major mating engine case flanges, except for the following which do not constitute an engine shop visit: (1) Separation of engine flanges solely for the purposes of transportation without subsequent maintenance does not constitute an engine shop visit. (2) Separation of engine flanges solely for the purpose of replacing the fan or propulsor without subsequent maintenance does not constitute an engine shop visit. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, ECO 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. You may email your request to: ANE-AD-AMOC@ faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (j) Related Information (1) For more information about this AD, contact Herman Mak, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781–238– 7147; fax: 781–238–7199; email: herman.mak@faa.gov. (2) For service information identified in this AD, contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513–552–3272; email: geae.aoc@ge.com. You may view this referenced service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781–238–7759. Issued in Burlington, Massachusetts, on November 12, 2019. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. [FR Doc. 2019–24786 Filed 11–18–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0872; Product Identifier 2019–NM–156–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 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. SUMMARY: E:\FR\FM\19NOP1.SGM 19NOP1 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Proposed Rules • 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. khammond on DSKJM1Z7X2PROD with PROPOSALS 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– 0872; 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–2019–0872; Product Identifier 2019–NM–156–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. VerDate Sep<11>2014 16:09 Nov 18, 2019 Jkt 250001 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 2019–0201, dated August 20, 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, 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– 0872. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations relating to safe life limits and certification maintenance requirements are necessary. 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 been embodied into the airplane’s existing maintenance or inspection program. Related Service Information Under 1 CFR Part 51 Dassault Aviation has issued Chapter 5–40–01, Airworthiness Limitations, of the Dassault Falcon 20 Retrofit 731 Maintenance Manual, Revision 10, dated January 1, 2019. This service information describes airworthiness limitations for safe life limits and certification maintenance requirements. This service information is reasonably PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 63823 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 57 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 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 E:\FR\FM\19NOP1.SGM 19NOP1 63824 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Proposed Rules 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. khammond on DSKJM1Z7X2PROD with PROPOSALS 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: VerDate Sep<11>2014 16:09 Nov 18, 2019 Jkt 250001 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– 0872; Product Identifier 2019–NM–156– AD. (a) Comments Due Date The FAA must receive comments by January 3, 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, 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 5–40–01, Airworthiness Limitations, of the Dassault Falcon 20 Retrofit 731 Maintenance Manual, Revision 10, dated January 1, 2019. The initial compliance time for doing the tasks is at the time specified in Chapter 5–40–01, Airworthiness Limitations, of the Dassault Falcon 20 Retrofit 731 Maintenance Manual, Revision 10, 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 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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 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 2019–0201, dated August 20, 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–2019–0872. (2) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206– 231–3226. (3) For service information identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201–440–6700; internet https:// www.dassaultfalcon.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. E:\FR\FM\19NOP1.SGM 19NOP1 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Proposed Rules Issued in Des Moines, Washington, on November 12, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231– 3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0871. [FR Doc. 2019–24993 Filed 11–18–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0871; Product Identifier 2019–NM–139–AD] RIN 2120–AA64 Airworthiness Directives; The Boeing Company 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 The Boeing Company Model 787–8 airplanes. This proposed AD was prompted by a report of fatigue cracking at certain frame tie rod locations of the wing. This proposed AD would require repetitive inspections for cracking of the left- and right-side frame tie rod assemblies and stub beam upper chords, and applicable on-condition actions. 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 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 khammond on DSKJM1Z7X2PROD with PROPOSALS DATES: VerDate Sep<11>2014 16:09 Nov 18, 2019 Jkt 250001 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– 0871; 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: 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. 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–2019–0871; Product Identifier 2019–NM–139–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 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 has received a report indicating fatigue cracks were found at 3 of 8 frame tie rod locations in Section 11 of the wing during full-scale fatigue testing. The cracks were located at the frame tie rod end lugs or in the typical frame tie rod section. At 77,640 fatigue test cycles, the right-side station (STA) 1089 corrosion resistant steel (CRES) frame tie rod lug had failed and was replaced. At 132,000 fatigue test cycles, PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 63825 the left-side STA 1041 aluminum frame tie rod had failed in the typical section, and was replaced. At 152,879 fatigue test cycles, the left-side STA 1089 CRES frame tie rod lug had failed and was replaced. This condition, if not addressed, could result in failure of a principal structural element to sustain limit load, which could adversely affect the structural integrity of the airplane and result in possible decompression of the airplane. Related Service Information Under 1 CFR Part 51 The FAA reviewed Boeing Alert Requirements Bulletin B787–81205– SB570041–00 RB, Issue 001, dated March 7, 2019. The service information describes procedures for repetitive high frequency eddy current (HFEC) inspections for cracking of the left- and right-side frame tie rod assemblies, and repetitive ultrasonic (UT) inspections for cracking of the left- and right-side stub beam upper chords, and applicable on-condition actions. On-condition actions include repair. 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 The FAA is proposing this AD because the agency evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements This proposed AD would require accomplishment of the actions identified in Boeing Alert Requirements Bulletin B787–81205–SB570041–00 RB, Issue 001, dated March 7, 2019, described previously. For information on the procedures and compliance times, see this service information at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0871. Explanation of Requirements Bulletin The FAA worked in conjunction with industry, under the Airworthiness Directive Implementation Aviation Rulemaking Committee (AD ARC), to enhance the AD system. One enhancement is a process for annotating which steps in the service information are ‘‘required for compliance’’ (RC) with an AD. Boeing has implemented this RC concept into Boeing service bulletins. E:\FR\FM\19NOP1.SGM 19NOP1

Agencies

[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Proposed Rules]
[Pages 63822-63825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0872; Product Identifier 2019-NM-156-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 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 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.

[[Page 63823]]

     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-
0872; 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-2019-0872; 
Product Identifier 2019-NM-156-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 2019-0201, dated August 20, 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, 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-
0872.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations relating to safe life limits and 
certification maintenance requirements are necessary. 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 been embodied into the 
airplane's existing maintenance or inspection program.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40-01, Airworthiness 
Limitations, of the Dassault Falcon 20 Retrofit 731 Maintenance Manual, 
Revision 10, 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 57 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 
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

[[Page 63824]]

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-2019-0872; Product Identifier 
2019-NM-156-AD.

(a) Comments Due Date

    The FAA must receive comments by January 3, 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, 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 5-40-01, 
Airworthiness Limitations, of the Dassault Falcon 20 Retrofit 731 
Maintenance Manual, Revision 10, dated January 1, 2019. The initial 
compliance time for doing the tasks is at the time specified in 
Chapter 5-40-01, Airworthiness Limitations, of the Dassault Falcon 
20 Retrofit 731 Maintenance Manual, Revision 10, 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 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 2019-0201, dated August 20, 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-2019-0872.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226.
    (3) For service information identified in this AD, contact 
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, 
South Hackensack, NJ 07606; telephone 201-440-6700; internet https://www.dassaultfalcon.com. You may view this service information at 
the FAA, Transport Standards Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.


[[Page 63825]]


    Issued in Des Moines, Washington, on November 12, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-24993 Filed 11-18-19; 8:45 am]
 BILLING CODE 4910-13-P