Airworthiness Directives; Dassault Aviation Airplanes, 67834-67837 [2019-26704]
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Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Rules and Regulations
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
effective date of this AD in accordance with
the instructions of an FAA-approved
maintenance or inspection program.’’
(3) The ‘‘Remarks’’ section of EASA AD
2019–0068 does not apply to this AD.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2019–0068 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
PART 39—AIRWORTHINESS
DIRECTIVES
(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) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
faa.gov. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
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):
■
2019–23–13 Airbus SAS: Amendment 39–
19807; Docket No. FAA–2019–0443;
Product Identifier 2019–NM–056–AD.
(a) Effective Date
This AD is effective January 16, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A320–251N and A321–253N airplanes,
certificated in any category, as identified in
European Union Aviation Safety Agency
(EASA) AD 2019–0068, dated March 27, 2019
(‘‘EASA AD 2019–0068’’).
(d) Subject
Air Transport Association (ATA) of
America Code 54, Nacelles/pylons.
(e) Reason
This AD was prompted by reports of cracks
on the pylon block seals during the final
assembly line. The FAA is issuing this AD to
address cracks on pylon block seals, which
could reduce the firewall integrity between
the pylon and the nacelle.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Requirements
Except as specified in paragraphs (h) and
(i) of this AD: Comply with all required
actions and compliance times specified in,
and in accordance with, EASA AD 2019–
0068.
(h) Exceptions to EASA AD 2019–0068
(1) Where EASA AD 2019–0068 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where EASA AD 2019–0068 specifies
credit for actions ‘‘accomplished before the
effective date of this AD in accordance with
the instructions of the applicable Airplane
Maintenance Manual,’’ this AD provides
credit for actions ‘‘accomplished before the
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(k) Related Information
For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–231–
3223.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0068, dated March 27,
2019.
(ii) [Reserved]
(3) For information about EASA AD 2019–
0068, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49
221 89990 6017; email: ADs@easa.europa.eu;
Internet: www.easa.europa.eu. You may find
this EASA AD on the EASA website at
https://ad.easa.europa.eu.
(4) You may view this material at the FAA,
Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information
on the availability of this material at the
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FAA, call 206–231–3195. This material may
be found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0443.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on
November 21, 2019.
Dorr Anderson,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–26703 Filed 12–11–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0973; Product
Identifier 2019–NM–187–AD; Amendment
39–19811; AD 2019–23–17]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Dassault Aviation Model FALCON
900EX and Model FALCON 2000EX
airplanes. This AD was prompted by
reports of iced angle-of-attack (AoA)
probes after take-off, with associated
misleading airspeed indication and/or
misleading stall warning. This AD
requires revising the existing airplane
flight manual (AFM) to provide the
flightcrew with updated procedures
related to manually activating heating of
the AoA probes during line up, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective
December 27, 2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 27, 2019.
We must receive comments on this
AD by January 27, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
SUMMARY:
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Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Rules and Regulations
• 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: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For the material incorporated by
reference (IBR) in this AD, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
89990 1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0973.
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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–
0973; 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 AD, 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:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0273, dated November 4, 2019
(‘‘EASA AD 2019–0273’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Model FALCON 900EX and
FALCON 2000EX airplanes.
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This AD was prompted by reports of
iced AoA probes after take-off, with
associated misleading airspeed
indication and/or misleading stall
warning. A slow or late positioning of
thrust levers into the take-off position in
certain conditions can lead to probes
being heated too late during the take-off
run, which increases the risk of icing on
probes after take-off. The FAA is issuing
this AD to address this condition, which
could lead to blocked AoA probes,
possibly resulting in reduced control of
the airplane. See the MCAI for
additional background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0273 describes
procedures for revising the existing
AFM to provide the flightcrew with
updated normal procedures related to
manually activating AoA probe heating
during line up. This material is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
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 a
bilateral agreement with the State of
Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD
because the agency evaluated all
pertinent information and determined
the unsafe condition exists and is likely
to exist or develop on other products of
the same type design.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2019–
0273 described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2019–0273 will be incorporated by
reference in the FAA final rule. This
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67835
AD, therefore, requires compliance with
EASA AD 2019–0273 in its entirety,
through that incorporation, except for
any differences identified as exceptions
in the regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in the
EASA AD does not mean that operators
need comply only with that section. For
example, where the AD requirement
refers to ‘‘all required actions and
compliance times,’’ compliance with
this AD requirement is not limited to
the section titled ‘‘Required Action(s)
and Compliance Time(s)’’ in the EASA
AD. Service information specified in
EASA AD 2019–0273 that is required for
compliance with EASA AD 2019–0273
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0973 after the FAA final
rule is published.
FAA’s Justification and Determination
of the Effective Date
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies waiving notice
and comment prior to adoption of this
rule because these airplanes are subject
to reduced efficiency of the AoA
protections that may result in iced AoA
probes after take-off, with associated
misleading airspeed indication and/or
misleading stall warning. A slow or late
positioning of thrust levers into the
take-off position in certain conditions
can lead to probes being heated too late
during the take-off run, which increases
the risk of icing on probes after take-off.
This condition could result in blocked
AoA probes, which could possibly
result in reduced control of the airplane.
Therefore, we find good cause that
notice and opportunity for prior public
comment are impracticable. In addition,
for the reasons stated above, we find
that good cause exists for making this
amendment effective in less than 30
days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
the FAA did not precede it by notice
and opportunity for public comment.
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2019–0973; Product Identifier
2019–NM–187–AD’’ at the beginning of
your comments. The FAA specifically
invites comments on the overall
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Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Rules and Regulations
regulatory, economic, environmental,
and energy aspects of this AD. The FAA
will consider all comments received by
the closing date and may amend this 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 AD.
Regulatory Flexibility Act
The requirements of the Regulatory
Flexibility Act (RFA) do not apply when
an agency finds good cause pursuant to
5 U.S.C. 553 to adopt a rule without
prior notice and comment. Because the
FAA has determined that it has good
cause to adopt this rule without notice
and comment, RFA analysis is not
required.
Costs of Compliance
The FAA estimates that this AD
affects 146 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
1 work-hour × $85 per hour = $85 ..............................................................................................
$0
$85
$12,410
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 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.
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Regulatory Findings
The FAA determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
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For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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):
■
2019–23–17 Dassault Aviation:
Amendment 39–19811; Docket No.
FAA–2019–0973; Product Identifier
2019–NM–187–AD.
(a) Effective Date
This AD becomes effective December 27,
2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Dassault Aviation
Model FALCON 900EX and Model FALCON
2000EX airplanes, certificated in any
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2019–
0273, dated November 4, 2019 (‘‘EASA AD
2019–0273’’).
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(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight controls.
(e) Reason
This AD was prompted by reports of iced
angle-of-attack (AoA) probes after take-off,
with associated misleading airspeed
indication and/or misleading stall warning. A
slow or late positioning of thrust levers into
the take-off position in certain conditions can
lead to probes being heated too late during
the take-off run, which increases the risk of
icing on probes after take-off. The FAA is
issuing this AD to address this condition,
which could result in blocked AoA probes,
possibly resulting in reduced control of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2019–0273.
(h) Exceptions to EASA AD 2019–0273
(1) Where EASA AD 2019–0273 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0273 does not apply to this AD.
(i) 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 (j) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
faa.gov. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
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Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Rules and Regulations
of the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Dassault Aviation’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(j) Related Information
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.
(k) Material Incorporated by Reference
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(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0273, dated November 4,
2019.
(ii) [Reserved]
(3) For information about EASA AD 2019–
0273, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email ADs@
easa.europa.eu; Internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this material at the FAA,
Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information
on the availability of this material at the
FAA, call 206–231–3195. This material may
be found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0973.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on
November 21, 2019.
Dorr Anderson,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–26704 Filed 12–11–19; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:05 Dec 11, 2019
Jkt 250001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–1024; Product
Identifier 2017–NM–065–AD; Amendment
39–19746; AD 2019–19–10]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 737–300, –400,
–500, –600, –700, –700C, –800, –900,
and –900ER series airplanes; Model 757
series airplanes; Model 767 series
airplanes; Model 777 series airplanes;
and Model 787–8 and 787–9 airplanes.
This AD was prompted by reports of
fuel crossfeed valves failing to open
when activated during flight. This AD
requires, for certain airplanes, revising
the existing airplane flight manual
(AFM); and for certain other airplanes,
revising the existing minimum
equipment list (MEL) to do an
operational check of the fuel crossfeed
valve prior to each extended operations
(ETOPS) flight if one fuel crossfeed
valve (or the fuel balancing system on
Model 787 airplanes) is inoperative. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective January 16,
2020.
ADDRESSES:
SUMMARY:
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–2017–
1024; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Jon
Regimbal, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3557; email: Jon.Regimbal@faa.gov.
SUPPLEMENTARY INFORMATION:
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67837
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all The Boeing Company Model
737–300, –400, –500, –600, –700,
–700C, –800, –900, and –900ER series
airplanes; Model 757 series airplanes;
Model 767 series airplanes; Model 777
series airplanes; and Model 787–8 and
787–9 airplanes. The NPRM published
in the Federal Register on December 5,
2017 (82 FR 57383). The NPRM was
prompted by reports of fuel crossfeed
valves failing to open when activated
during flight. The NPRM proposed to
require, for certain airplanes, revising
the existing AFM; and for certain other
airplanes, revising the existing MEL to
do an operational check of the fuel
crossfeed valve prior to each ETOPS
flight if one fuel crossfeed valve (or the
fuel balancing system on Model 787
airplanes) is inoperative.
The FAA is issuing this AD to prevent
an airplane from being dispatched on an
ETOPS flight with a single fuel
crossfeed valve (due to design or due to
MEL dispatch of a dual crossfeed valve
equipped airplane with one crossfeed
valve inoperative) that cannot be
opened or a fuel balancing system that
cannot properly operate when activated.
This condition could cause the fuel in
the main tank associated with a failed
engine to be unavailable to the
remaining operative engine, potentially
resulting in a forced off-airport landing
due to exhaustion of the remaining
usable fuel and consequent loss of all
engine thrust.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Request To Withdraw the NPRM
United Airlines (UAL) and Delta Air
Lines (DAL) asked that the NPRM be
withdrawn until corrective action is
proposed with an adequate level of
safety.
UAL stated that the FAA processes
leading to issuing the NPRM did not
include certain expected elements (e.g.,
risk analysis, adequate cost analysis
[which the FAA addresses in the
‘‘Request to Increase Cost Estimate’’
comment], and consideration for
airplanes equipped with aircraft health
monitoring (AHM) [which the FAA
addresses in the ‘‘Request to Exclude
Airplanes with AHM’’ comment]). UAL
added that it is not aware of an FAA risk
E:\FR\FM\12DER1.SGM
12DER1
]]>Agencies
[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Rules and Regulations]
[Pages 67834-67837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26704]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0973; Product Identifier 2019-NM-187-AD; Amendment
39-19811; AD 2019-23-17]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Dassault Aviation Model FALCON 900EX and Model FALCON 2000EX
airplanes. This AD was prompted by reports of iced angle-of-attack
(AoA) probes after take-off, with associated misleading airspeed
indication and/or misleading stall warning. This AD requires revising
the existing airplane flight manual (AFM) to provide the flightcrew
with updated procedures related to manually activating heating of the
AoA probes during line up, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD becomes effective December 27, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 27,
2019.
We must receive comments on this AD by January 27, 2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
[[Page 67835]]
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0973.
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-
0973; 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 AD, 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:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0273, dated November 4, 2019
(``EASA AD 2019-0273'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Model FALCON 900EX and FALCON 2000EX airplanes.
This AD was prompted by reports of iced AoA probes after take-off,
with associated misleading airspeed indication and/or misleading stall
warning. A slow or late positioning of thrust levers into the take-off
position in certain conditions can lead to probes being heated too late
during the take-off run, which increases the risk of icing on probes
after take-off. The FAA is issuing this AD to address this condition,
which could lead to blocked AoA probes, possibly resulting in reduced
control of the airplane. See the MCAI for additional background
information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0273 describes procedures for revising the existing
AFM to provide the flightcrew with updated normal procedures related to
manually activating AoA probe heating during line up. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
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 a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the agency
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2019-0273 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0273
will be incorporated by reference in the FAA final rule. This AD,
therefore, requires compliance with EASA AD 2019-0273 in its entirety,
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this AD. Using common terms that
are the same as the heading of a particular section in the EASA AD does
not mean that operators need comply only with that section. For
example, where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
the EASA AD. Service information specified in EASA AD 2019-0273 that is
required for compliance with EASA AD 2019-0273 will be available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0973 after the FAA final rule is published.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because these airplanes are subject to reduced efficiency of the AoA
protections that may result in iced AoA probes after take-off, with
associated misleading airspeed indication and/or misleading stall
warning. A slow or late positioning of thrust levers into the take-off
position in certain conditions can lead to probes being heated too late
during the take-off run, which increases the risk of icing on probes
after take-off. This condition could result in blocked AoA probes,
which could possibly result in reduced control of the airplane.
Therefore, we find good cause that notice and opportunity for prior
public comment are impracticable. In addition, for the reasons stated
above, we find that good cause exists for making this amendment
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0973;
Product Identifier 2019-NM-187-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall
[[Page 67836]]
regulatory, economic, environmental, and energy aspects of this AD. The
FAA will consider all comments received by the closing date and may
amend this 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 AD.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 146 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85............................. $0 $85 $12,410
----------------------------------------------------------------------------------------------------------------
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 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 AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2019-23-17 Dassault Aviation: Amendment 39-19811; Docket No. FAA-
2019-0973; Product Identifier 2019-NM-187-AD.
(a) Effective Date
This AD becomes effective December 27, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 900EX and
Model FALCON 2000EX airplanes, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2019-
0273, dated November 4, 2019 (``EASA AD 2019-0273'').
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
(e) Reason
This AD was prompted by reports of iced angle-of-attack (AoA)
probes after take-off, with associated misleading airspeed
indication and/or misleading stall warning. A slow or late
positioning of thrust levers into the take-off position in certain
conditions can lead to probes being heated too late during the take-
off run, which increases the risk of icing on probes after take-off.
The FAA is issuing this AD to address this condition, which could
result in blocked AoA probes, possibly resulting in reduced control
of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0273.
(h) Exceptions to EASA AD 2019-0273
(1) Where EASA AD 2019-0273 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0273 does not apply
to this AD.
(i) 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 (j) 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
[[Page 67837]]
of the local flight standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Dassault
Aviation's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
(j) Related Information
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.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0273,
dated November 4, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019-0273, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
(4) You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0973.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on November 21, 2019.
Dorr Anderson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-26704 Filed 12-11-19; 8:45 am]
BILLING CODE 4910-13-P
