Airworthiness Directives; Dassault Aviation Airplanes, 68034-68037 [2019-26676]
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68034
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
such minimum amount of capital
contributed by the borrower is
contractually required to remain in the
project until the HVCRE exposure has
been reclassified by the FDICsupervised institution as a non-HVCRE
exposure under paragraph (6) of this
definition;
(3) An HVCRE exposure does not
include any loan made prior to January
1, 2015;
(4) An HVCRE exposure does not
include a credit facility reclassified as a
non-HVCRE exposure under paragraph
(6) of this definition.
(5) Value Of contributed real property:
For the purposes of this HVCRE
exposure definition, the value of any
real property contributed by a borrower
as a capital contribution is the appraised
value of the property as determined
under standards prescribed pursuant to
section 1110 of the Financial
Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C.
3339), in connection with the extension
of the credit facility or loan to such
borrower.
(6) Reclassification as a non-HVCRE
exposure: For purposes of this HVCRE
exposure definition and with respect to
a credit facility and an FDIC-supervised
institution, an FDIC-supervised
institution may reclassify an HVCRE
exposure as a non-HVCRE exposure
upon—
(i) The substantial completion of the
development or construction of the real
property being financed by the credit
facility; and
(ii) Cash flow being generated by the
real property being sufficient to support
the debt service and expenses of the real
property, in accordance with the FDICsupervised institution’s applicable loan
underwriting criteria for permanent
financings.
(7) For purposes of this definition, an
FDIC-supervised institution is not
required to reclassify a credit facility
that was originated on or after January
1, 2015 and prior to April 1, 2020.
*
*
*
*
*
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Dated: November 18, 2019.
Morris R. Morgan,
First Deputy Comptroller, Comptroller of the
Currency.
By order of the Board of Governors of the
Federal Reserve System, November 19, 2019.
Ann E. Misback,
Secretary of the Board.
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
VerDate Sep<11>2014
15:53 Dec 12, 2019
Jkt 250001
Dated at Washington, DC, on November 19,
2019.
Annmarie H. Boyd,
Assistant Executive Secretary.
[FR Doc. 2019–26544 Filed 12–12–19; 8:45 am]
BILLING CODE 4810–33–P 6210–01–P; 6714–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0604; Product
Identifier 2019–NM–072–AD; Amendment
39–19812; AD 2019–23–18]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Dassault Aviation Model MYSTERE
FALCON 50, MYSTERE FALCON 900,
and FALCON 900EX airplanes; and
Model FALCON 2000 and FALCON
2000EX airplanes. This AD was
prompted by a report that the Dassault
maintenance planning document (MPD)
of the related Dassault aircraft
maintenance manual (AMM) states that
the ‘‘combined service/storage life’’ of
the fire extinguisher percussion
cartridges is longer than it should be,
and could have a safety impact in case
of fire. This AD requires replacing the
fire extinguisher percussion cartridges
with serviceable parts. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 17,
2020.
ADDRESSES: For service information
identified in this final rule, 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.
It is also available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0604.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
PO 00000
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www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0604; 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.
Tom
Rodriguez, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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
2019–0084, dated April 17, 2019
(‘‘EASA AD 2019–0084’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Dassault Aviation Model
MYSTERE FALCON 50, MYSTERE
FALCON 900, and FALCON 900EX
airplanes; and Model FALCON 2000
and 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–
0604.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Dassault Aviation Model
MYSTERE FALCON 50, MYSTERE
FALCON 900, and FALCON 900EX
airplanes; and Model FALCON 2000
and FALCON 2000EX airplanes. The
NPRM published in the Federal
Register on August 13, 2019 (84 FR
39991). The NPRM was prompted by a
report that the Dassault MPD of the
related Dassault AMM states that the
‘‘combined service/storage life’’ of the
fire extinguisher percussion cartridges is
longer than it should be, and could have
a safety impact in case of fire. The
NPRM proposed to require replacing the
fire extinguisher percussion cartridges
with serviceable parts. The FAA is
issuing this AD to address the total life
limit of the fire extinguisher percussion
cartridges, which if not corrected, could
prevent extinguishing a fire and
possibly result in damage to the airplane
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
and injury to occupants. See the MCAI
for additional background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comment received on the NPRM and
the FAA’s response to each comment.
Request To Add Certain Language to
the Proposed AD
NetJets, Inc., requested that certain
language be added to the proposed AD
that allows using a logbook entry to
determine the manufacturer date of the
fire extinguisher percussion cartridge.
The FAA agrees to clarify. The FAA
agrees that a review of the logbook entry
is one acceptable method to verify the
manufacturer date of the fire
extinguisher percussion cartridge,
provided that the manufacture date can
be conclusively determined from that
review. However, the FAA notes that
this AD does not require using a specific
method to determine the manufacturer
date of the fire extinguisher percussion
cartridge. Therefore, the FAA has not
revised this AD in this regard.
Change to Figure 1 to Paragraph (i) of
This AD
In the proposed AD, the FAA
inadvertently omitted one AMM task in
figure 1 to paragraph (i) of this AD,
which specifies AMM tasks that provide
guidance for the replacement required
by paragraph (h) of this AD. The FAA
has revised figure 1 to paragraph (i) of
this AD to include the omitted AMM
task for the auxiliary power unit (APU)
on Model FALCON 2000 and FALCON
2000EX airplanes.
Conclusion
The FAA reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this
final rule with the change described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Costs of Compliance
The FAA estimates that this AD
affects 1,013 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
6 work-hours × $85 per hour = $510 ..........................................................................................
$1,145
$1,655
$1,676,515
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
VerDate Sep<11>2014
15:53 Dec 12, 2019
Jkt 250001
the Director of the System Oversight
Division.
PART 39—AIRWORTHINESS
DIRECTIVES
Regulatory Findings
■
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,
(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.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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Frm 00017
Fmt 4700
Sfmt 4700
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):
■
2019–23–18 Dassault Aviation:
Amendment 39–19812; Docket No.
FAA–2019–0604; Product Identifier
2019–NM–072–AD.
(a) Effective Date
This AD is effective January 17, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Dassault Aviation
Model MYSTERE FALCON 50, MYSTERE
FALCON 900, and FALCON 900EX airplanes;
and Model FALCON 2000 and FALCON
2000EX airplanes; certificated in any
category.
(d) Subject
Air Transport Association (ATA) of
America Code 26, Fire protection.
(e) Reason
This AD was prompted by a report that the
Dassault maintenance planning document
(MPD) of the related Dassault aircraft
maintenance manual (AMM) mentions that
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
the ‘‘combined service/storage life’’ of the fire
extinguisher percussion cartridges is 12
years, whereas it should be 10 years, and
could have a safety impact in case of fire. The
FAA is issuing this AD to address the total
life limit of the fire extinguisher percussion
cartridges, which if not corrected, could
prevent extinguishing a fire and possibly
result in damage to the airplane and injury
to occupants.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Definitions
For the purpose of this AD, the definitions
specified in paragraphs (g)(1) through (4)
apply to this AD.
(1) An affected part is a fire extinguisher
percussion cartridge having part number (P/
N) 862700–00 or P/N 862710–00.
(2) Total life is time since the
manufacturing date, which includes both the
time installed on an airplane and time in
storage.
(3) A serviceable part is an affected part
that has not exceeded 10 years of total life,
or a fire extinguisher percussion cartridge
that is not an affected part.
(4) Group 1 airplanes are those that have
an affected part installed. Group 2 airplanes
are those that do not have an affected part
installed.
(h) Total Life Limit Implementation
For Group 1 airplanes, except as specified
in paragraph (j) of this AD: Before a fire
extinguisher percussion cartridge exceeds 10
years of total life, remove the affected part
and replace it with a serviceable part in
accordance with the procedures specified in
paragraph (l)(2) of this AD.
(i) Guidance for Replacement Required by
Paragraph (h) of This AD
Guidance for the replacement required by
paragraph (h) of this AD can be found in the
applicable Dassault AMM task specified in
figure 1 to paragraph (i) of this AD.
FIGURE 1 TO PARAGRAPH (i)—AMM TASKS
Airplane model
Location
AMM task
MYSTERE FALCON 50 airplanes .......................................
Engine 1 first shoot .............................................................
Engine 2 first shoot .............................................................
Engine 3 first shoot .............................................................
Engine 1 second shoot .......................................................
Engine 2 second shoot .......................................................
Engine 3 second shoot .......................................................
Engine 1 first shoot .............................................................
Engine 1 second shoot .......................................................
Engine 2 second shoot .......................................................
Engine 2 first shoot .............................................................
Auxiliary Power Unit (APU) ................................................
Engine 1 first shoot .............................................................
Engine 3 first shoot .............................................................
Engine 2 second shoot left-hand side ................................
Engine 2 second shoot right-hand side ..............................
Engine 1 second shoot .......................................................
Engine 3 second shoot .......................................................
Engine 2 first shoot left-hand side ......................................
Engine 2 first shoot right-hand side ...................................
APU .....................................................................................
Baggage compartment .......................................................
Mechanic’s Servicing Compartment ...................................
26–20–13–960–801–01
26–20–13–960–801–02
26–20–13–960–801–03
26–20–13–960–801–04
26–20–13–960–801–05
26–20–13–960–801–06
26–20–13–960–801–01
26–20–13–960–801–02
26–20–13–960–801–03
26–20–13–960–801–04
26–20–13–960–801–05
26–20–13–960–801–01
26–20–13–960–801–02
26–20–13–960–801–03
26–20–13–960–801–04
26–20–13–960–801–05
26–20–13–960–801–06
26–20–13–960–801–07
26–20–13–960–801–08
26–20–13–960–801–09
26–20–13–960–801–10
26–20–13–960–801–11
FALCON 2000 and FALCON 2000EX airplanes .................
MYSTERE FALCON 900 and FALCON 900EX airplanes ..
(j) Grace Period for Initial Replacement
For Group 1 airplanes: For a fire
extinguisher percussion cartridge that, on the
effective date of this AD, has a total life of
9 years 6 months or more, the replacement
required by paragraph (h) of this AD can be
deferred up to 6 months after the effective
date of this AD.
(k) Parts Installation Limitations
For Group 1 and Group 2 airplanes: As of
the effective date of this AD, no person may
install, on any airplane, a fire extinguisher
percussion cartridge, unless the part is a
serviceable part as specified in this AD, and
that, following installation, the affected part
is replaced as required by paragraph (h) of
this AD.
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(l) 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
VerDate Sep<11>2014
15:53 Dec 12, 2019
Jkt 250001
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. 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 corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Union Aviation Safety Agency
(EASA); or Dassault Aviation’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
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–2019–0604.
(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 that is not incorporated by reference,
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.
(m) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2019–0084, dated April 17, 2019, for related
(n) Material Incorporated by Reference
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None.
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
Issued in Des Moines, Washington, on
November 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–26676 Filed 12–12–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0960; Product
Identifier 2019–CE–049–AD; Amendment
39–19805; AD 2019–23–11]
RIN 2120–AA64
Airworthiness Directives; Gulfstream
Aerospace Corporation Airplanes
Examining the AD Docket
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Gulfstream Aerospace Corporation
(Gulfstream) Model GVI airplanes. This
AD requires revising the airplane flight
manual (AFM) for your airplane by
adding an airplane flight manual
supplement (AFMS), which contains
operating limitations and abnormal
procedures for loss of rudder or yaw
damper. This AD was prompted by a
report of an inflight rudder surface
shutdown that resulted in lateraldirectional oscillations of the airplane.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective December
30, 2019.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of December 30, 2019.
The FAA 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:
• 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,
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SUMMARY:
VerDate Sep<11>2014
15:53 Dec 12, 2019
Jkt 250001
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this final rule, contact Gulfstream
Aerospace Corporation, Technical
Publications Dept., P.O. Box 2206,
Savannah, GA 31402–2206; telephone:
(800) 810–4853; fax: (912) 965–3520;
email: pubs@gulfstream.com; internet:
https://www.gulfstream.com/customersupport. You may view this service
information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas
City, Missouri 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148. It is also
available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0960.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0960; 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 street address for the
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Alex
Armas, Aerospace Engineer, Atlanta
ACO Branch, FAA, 1701 Columbia
Avenue, College Park, Georgia 30337;
phone: (404) 474–5538; fax: (404) 474–
5605; email: alex.armas@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On October 1, 2019, the FAA received
a report from Gulfstream of an inflight
rudder surface shutdown that resulted
in lateral-directional oscillations on a
Model GVI airplane. The flight crew
experienced an amber ‘‘Rudder Fail’’
crew alerting system message at flight
level 340 and was unable to command
any movement of the rudder. The flight
crew attempted a Flight Control Reset,
but the condition remained. Following
the rudder shutdown, the airplane
experienced sustained lateraldirectional oscillations, which persisted
for eight minutes before the flight crew
was able to stop the oscillations. The
flight crew made an emergency landing
of the airplane with no rudder authority.
The investigation of this inflight event
revealed the root cause as an unstable
rudder hinge moment when the aircraft
is in a sideslip condition, combined
PO 00000
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Fmt 4700
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68037
with a rudder surface shutdown, which
is inherent to the GVI aircraft type
design.
A rudder ‘‘shutdown’’ occurs when
the flight control computer detects a
rudder control anomaly and commands
the rudder hydraulic actuators into
damped bypass mode. When this
happens, the rudder becomes unusable
and ‘‘floats’’ at the aerodynamic neutral
position. After a rudder shutdown, the
combination of the unstable rudder
hinge movement with an airplane
sideslip could lead to uncontrollable
lateral-directional oscillations of the
airplane when operated within the flight
envelope at high altitude and high
speed.
This condition, if not addressed,
could result in catastrophic structural
damage or loss of control of the
airplane. The FAA is issuing this AD to
address the unsafe condition on these
products.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Gulfstream
Aerospace G650 Airplane Flight Manual
Supplement No. G650–2019–03, dated
November 4, 2019; and Gulfstream
Aerospace G650ER Airplane Flight
Manual Supplement No. G650ER–2019–
03, dated November 4, 2019. For the
applicable airplane designations, the
AFMSs contain new altitude
limitations, revised airspeed limitations,
and revised abnormal procedures for
loss of rudder or yaw damper. These
limitations prevent the airplane from
operating in the portion of the flight
envelope where instability has occurred.
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 issuing this AD because
it 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.
AD Requirements
This AD requires revising the AFM for
your airplane by adding the applicable
AFMS, which contains limitations to
the operating envelope of the airplane
and revised abnormal procedures for
loss of rudder or yaw damper.
Differences Between the AD and the
Service Information
The AFMSs apply to Model GVI
airplanes that do not incorporate aircraft
service change (ASC) 134. However, this
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13DER1
]]>Agencies
[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68034-68037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26676]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0604; Product Identifier 2019-NM-072-AD; Amendment
39-19812; AD 2019-23-18]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Dassault Aviation Model MYSTERE FALCON 50, MYSTERE FALCON 900, and
FALCON 900EX airplanes; and Model FALCON 2000 and FALCON 2000EX
airplanes. This AD was prompted by a report that the Dassault
maintenance planning document (MPD) of the related Dassault aircraft
maintenance manual (AMM) states that the ``combined service/storage
life'' of the fire extinguisher percussion cartridges is longer than it
should be, and could have a safety impact in case of fire. This AD
requires replacing the fire extinguisher percussion cartridges with
serviceable parts. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 17, 2020.
ADDRESSES: For service information identified in this final rule,
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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0604.
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-
0604; 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: 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 European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0084, dated April 17, 2019 (``EASA AD 2019-0084'') (also
referred to as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Dassault Aviation
Model MYSTERE FALCON 50, MYSTERE FALCON 900, and FALCON 900EX
airplanes; and Model FALCON 2000 and 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-
0604.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Dassault Aviation
Model MYSTERE FALCON 50, MYSTERE FALCON 900, and FALCON 900EX
airplanes; and Model FALCON 2000 and FALCON 2000EX airplanes. The NPRM
published in the Federal Register on August 13, 2019 (84 FR 39991). The
NPRM was prompted by a report that the Dassault MPD of the related
Dassault AMM states that the ``combined service/storage life'' of the
fire extinguisher percussion cartridges is longer than it should be,
and could have a safety impact in case of fire. The NPRM proposed to
require replacing the fire extinguisher percussion cartridges with
serviceable parts. The FAA is issuing this AD to address the total life
limit of the fire extinguisher percussion cartridges, which if not
corrected, could prevent extinguishing a fire and possibly result in
damage to the airplane
[[Page 68035]]
and injury to occupants. See the MCAI for additional background
information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to each comment.
Request To Add Certain Language to the Proposed AD
NetJets, Inc., requested that certain language be added to the
proposed AD that allows using a logbook entry to determine the
manufacturer date of the fire extinguisher percussion cartridge.
The FAA agrees to clarify. The FAA agrees that a review of the
logbook entry is one acceptable method to verify the manufacturer date
of the fire extinguisher percussion cartridge, provided that the
manufacture date can be conclusively determined from that review.
However, the FAA notes that this AD does not require using a specific
method to determine the manufacturer date of the fire extinguisher
percussion cartridge. Therefore, the FAA has not revised this AD in
this regard.
Change to Figure 1 to Paragraph (i) of This AD
In the proposed AD, the FAA inadvertently omitted one AMM task in
figure 1 to paragraph (i) of this AD, which specifies AMM tasks that
provide guidance for the replacement required by paragraph (h) of this
AD. The FAA has revised figure 1 to paragraph (i) of this AD to include
the omitted AMM task for the auxiliary power unit (APU) on Model FALCON
2000 and FALCON 2000EX airplanes.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Costs of Compliance
The FAA estimates that this AD affects 1,013 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
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510........................... $1,145 $1,655 $1,676,515
----------------------------------------------------------------------------------------------------------------
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
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,
(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.
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):
2019-23-18 Dassault Aviation: Amendment 39-19812; Docket No. FAA-
2019-0604; Product Identifier 2019-NM-072-AD.
(a) Effective Date
This AD is effective January 17, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Dassault Aviation Model MYSTERE FALCON
50, MYSTERE FALCON 900, and FALCON 900EX airplanes; and Model FALCON
2000 and FALCON 2000EX airplanes; certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
protection.
(e) Reason
This AD was prompted by a report that the Dassault maintenance
planning document (MPD) of the related Dassault aircraft maintenance
manual (AMM) mentions that
[[Page 68036]]
the ``combined service/storage life'' of the fire extinguisher
percussion cartridges is 12 years, whereas it should be 10 years,
and could have a safety impact in case of fire. The FAA is issuing
this AD to address the total life limit of the fire extinguisher
percussion cartridges, which if not corrected, could prevent
extinguishing a fire and possibly result in damage to the airplane
and injury to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definitions
For the purpose of this AD, the definitions specified in
paragraphs (g)(1) through (4) apply to this AD.
(1) An affected part is a fire extinguisher percussion cartridge
having part number (P/N) 862700-00 or P/N 862710-00.
(2) Total life is time since the manufacturing date, which
includes both the time installed on an airplane and time in storage.
(3) A serviceable part is an affected part that has not exceeded
10 years of total life, or a fire extinguisher percussion cartridge
that is not an affected part.
(4) Group 1 airplanes are those that have an affected part
installed. Group 2 airplanes are those that do not have an affected
part installed.
(h) Total Life Limit Implementation
For Group 1 airplanes, except as specified in paragraph (j) of
this AD: Before a fire extinguisher percussion cartridge exceeds 10
years of total life, remove the affected part and replace it with a
serviceable part in accordance with the procedures specified in
paragraph (l)(2) of this AD.
(i) Guidance for Replacement Required by Paragraph (h) of This AD
Guidance for the replacement required by paragraph (h) of this
AD can be found in the applicable Dassault AMM task specified in
figure 1 to paragraph (i) of this AD.
Figure 1 to Paragraph (i)--AMM Tasks
----------------------------------------------------------------------------------------------------------------
Airplane model Location AMM task
----------------------------------------------------------------------------------------------------------------
MYSTERE FALCON 50 airplanes..................... Engine 1 first shoot................... 26-20-13-960-801-01
Engine 2 first shoot................... 26-20-13-960-801-02
Engine 3 first shoot................... 26-20-13-960-801-03
Engine 1 second shoot.................. 26-20-13-960-801-04
Engine 2 second shoot.................. 26-20-13-960-801-05
Engine 3 second shoot.................. 26-20-13-960-801-06
FALCON 2000 and FALCON 2000EX airplanes......... Engine 1 first shoot................... 26-20-13-960-801-01
Engine 1 second shoot.................. 26-20-13-960-801-02
Engine 2 second shoot.................. 26-20-13-960-801-03
Engine 2 first shoot................... 26-20-13-960-801-04
Auxiliary Power Unit (APU)............. 26-20-13-960-801-05
MYSTERE FALCON 900 and FALCON 900EX airplanes... Engine 1 first shoot................... 26-20-13-960-801-01
Engine 3 first shoot................... 26-20-13-960-801-02
Engine 2 second shoot left-hand side... 26-20-13-960-801-03
Engine 2 second shoot right-hand side.. 26-20-13-960-801-04
Engine 1 second shoot.................. 26-20-13-960-801-05
Engine 3 second shoot.................. 26-20-13-960-801-06
Engine 2 first shoot left-hand side.... 26-20-13-960-801-07
Engine 2 first shoot right-hand side... 26-20-13-960-801-08
APU.................................... 26-20-13-960-801-09
Baggage compartment.................... 26-20-13-960-801-10
Mechanic's Servicing Compartment....... 26-20-13-960-801-11
----------------------------------------------------------------------------------------------------------------
(j) Grace Period for Initial Replacement
For Group 1 airplanes: For a fire extinguisher percussion
cartridge that, on the effective date of this AD, has a total life
of 9 years 6 months or more, the replacement required by paragraph
(h) of this AD can be deferred up to 6 months after the effective
date of this AD.
(k) Parts Installation Limitations
For Group 1 and Group 2 airplanes: As of the effective date of
this AD, no person may install, on any airplane, a fire extinguisher
percussion cartridge, unless the part is a serviceable part as
specified in this AD, and that, following installation, the affected
part is replaced as required by paragraph (h) of this AD.
(l) 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 (m)(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 corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Union
Aviation Safety Agency (EASA); or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(m) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2019-0084, dated April 17, 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-2019-0604.
(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 that is not
incorporated by reference, 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.
(n) Material Incorporated by Reference
None.
[[Page 68037]]
Issued in Des Moines, Washington, on November 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-26676 Filed 12-12-19; 8:45 am]
BILLING CODE 4910-13-P
