Airworthiness Directives; Dassault Aviation Airplanes, 69997-70000 [2019-27467]
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Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / Rules and Regulations
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):
■
2019–24–10 Airbus SAS: Amendment 39–
19813; Docket No. FAA–2019–0704;
Product Identifier 2019–NM–132–AD.
(a) Effective Date
This AD is effective January 24, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 airplanes, certificated in any
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2019–
0183, dated July 26, 2019 (‘‘EASA AD 2019–
0183’’).
(d) Subject
Air Transport Association (ATA) of
America Code 92, Electric and electronic
common installation.
(e) Reason
This AD was prompted by an investigation
that identified the cargo lining gutter
assembly would be unable to drain a certain
quantity of water in case of leakage or
rupture of certain water pipes. The FAA is
issuing this AD to address this condition,
which, if not corrected, could lead to fluid
contamination of certain electrical equipment
and connectors, possibly resulting in the loss
of several flight control functions, with
consequent reduced control of the airplane.
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(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 2019–0183.
(h) Exception to EASA AD 2019–0183
The ‘‘Remarks’’ section of EASA AD 2019–
0183 does not apply to this AD.
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16:09 Dec 19, 2019
Jkt 250001
(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
of the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0183 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Related Information
For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3218.
(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 2019–0183, dated July 26, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019–
0183, 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
PO 00000
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69997
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–2019–0704.
(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 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–27468 Filed 12–19–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0698; Product
Identifier 2019–NM–109–AD; Amendment
39–19814; AD 2019–24–11]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2014–16–
26 and AD 2017–19–04, which applied
to certain Dassault Aviation Model
FALCON 900EX airplanes. Those ADs
required revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive maintenance requirements
and/or airworthiness limitations. Since
the FAA issued AD 2014–16–26 and AD
2017–19–04, the FAA determined that
new or more restrictive airworthiness
limitations are necessary. This AD
continues to require those maintenance
or inspection program revisions, and
also requires revising the existing
maintenance or inspection program, as
applicable, to incorporate additional
new or more restrictive airworthiness
limitations. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective January 24,
2020.
SUMMARY:
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The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 24, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of October 19, 2017 (82 FR
43163, September 14, 2017).
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 referenced service information
at the FAA, Transport Standards
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available
on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0698.
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–
0698; 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:
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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
2019–0133, dated June 11, 2019 (‘‘EASA
AD 2019–0133’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for certain Dassault
Aviation Model FALCON 900EX
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–2019–0698.
VerDate Sep<11>2014
16:09 Dec 19, 2019
Jkt 250001
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2014–16–26,
Amendment 39–17950 (79 FR 51077,
August 27, 2014) (‘‘AD 2014–16–26’’);
and AD 2017–19–04, Amendment 39–
19034 (82 FR 43163, September 14,
2017) (‘‘AD 2017–19–04’’). AD 2014–
16–26 and AD 2017–19–04 applied to
certain Dassault Aviation Model
FALCON 900EX airplanes. The NPRM
published in the Federal Register on
September 16, 2019 (84 FR 48569). The
NPRM was prompted by the FAA’s
determination that new or more
restrictive airworthiness limitations are
necessary. The NPRM proposed to
continue to require revising the existing
maintenance or inspection program, as
applicable; and to require additional
revision of the existing maintenance or
inspection program, as applicable; to
incorporate new or more restrictive
airworthiness limitations. The FAA is
issuing this AD to address reduced
structural integrity of the airplane. See
the MCAI for additional background
information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA received no
comments on the NPRM or on the
determination of the cost to the public.
Conclusion
The FAA reviewed the relevant data
and determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. The FAA 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.
Related Service Information Under 1
CFR Part 51
Dassault Aviation has issued Chapter
5–40, Airworthiness Limitations,
Revision 16, dated September 2018, of
the Dassault FALCON 900EX
Maintenance Manual. This service
information describes procedures,
maintenance tasks, and airworthiness
limitations specified in the
Airworthiness Limitations section of the
Airplane Maintenance Manual.
This AD also requires Chapter 5–40,
Airworthiness Limitations, Revision 14,
dated November 2015, of the FALCON
900EX Maintenance Manual, which the
Director of the Federal Register
approved for incorporation by reference
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as of October 19, 2017 (82 FR 43163,
September 14, 2017).
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.
Costs of Compliance
The FAA estimates that this AD
affects 100 airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this AD:
The FAA estimates the total cost per
operator for the retained actions from
AD 2017–19–04 to be $7,650 (90 workhours × $85 per work-hour).
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the agency
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. The FAA estimates the total
cost per operator for the new actions to
be $7,650 (90 work-hours × $85 per
work-hour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: ‘‘General requirements.’’ Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
This 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
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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,
(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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
a. Removing Airworthiness Directive
(AD) 2014–16–26, Amendment 39–
17950 (79 FR 51077, August 27, 2014);
and AD 2017–19–04, Amendment 39–
19034 (82 FR 43163, September 14,
2017); and
■ b. Adding the following new AD:
■
■
2019–24–11 Dassault Aviation:
Amendment 39–19814; Docket No.
FAA–2019–0698; Product Identifier
2019–NM–109–AD.
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(b) Affected ADs
(1) This AD replaces AD 2014–16–26,
Amendment 39–17950 (79 FR 51077, August
27, 2014) (‘‘AD 2014–16–26’’); and AD 2017–
19–04, Amendment 39–19034 (82 FR 43163,
September 14, 2017) (‘‘AD 2017–19–04’’).
(2) This AD affects AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010) (‘‘AD 2010–26–05’’).
16:09 Dec 19, 2019
Jkt 250001
This AD applies to Dassault Aviation
Model FALCON 900EX airplanes, certificated
in any category, serial numbers 1 through 96
inclusive, and serial numbers 98 through 119
inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address reduced structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Revision of Maintenance or
Inspection Program, With No Changes
This paragraph restates the requirements of
paragraph (g) of AD 2017–19–04, with no
changes. Within 90 days after October 19,
2017 (the effective date of AD 2017–19–04),
revise the existing maintenance or inspection
program, as applicable, to incorporate the
information specified in Chapter 5–40,
Airworthiness Limitations, Revision 14,
dated November 2015, of the FALCON 900EX
Maintenance Manual. The initial compliance
time for accomplishing the actions specified
in Chapter 5–40, Airworthiness Limitations,
Revision 14, dated November 2015, of the
FALCON 900EX Maintenance Manual, is
within the applicable times specified in the
maintenance manual, or 90 days after
October 19, 2017, whichever occurs later,
except as provided by paragraphs (g)(1)
through (4) of this AD.
(1) The term ‘‘LDG’’ in the ‘‘First
Inspection’’ column of any table in the
service information means total airplane
landings.
(2) The term ‘‘FH’’ in the ‘‘First Inspection’’
column of any table in the service
information means total flight hours.
(3) The term ‘‘FC’’ in the ‘‘First Inspection’’
column of any table in the service
information means total flight cycles.
(4) The term ‘‘M’’ in the ‘‘First Inspection’’
column of any table in the service
information means months.
(h) Retained Requirement for No Alternative
Actions and Intervals, With New Exception
(a) Effective Date
This AD is effective January 24, 2020.
VerDate Sep<11>2014
(c) Applicability
This paragraph restates the requirement
specified in paragraph (h) of AD 2017–19–04,
with a new exception. Except as required by
paragraph (i) of this AD, after accomplishing
the revision required by paragraph (g) of this
AD, no alternative actions (e.g., inspections)
or intervals may be used unless the actions
or intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (l)(1) of this AD.
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(i) New Requirement of This AD:
Maintenance or Inspection Program
Revision
Within 90 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
Chapter 5–40, Airworthiness Limitations,
Revision 16, dated September 2018, of the
Dassault FALCON 900EX Maintenance
Manual. The initial compliance times for
accomplishing the actions are at the times
specified in Chapter 5–40, Airworthiness
Limitations, Revision 16, dated September
2018, or 90 days after the effective date of
this AD, whichever occurs later, except as
provided by paragraphs (i)(1) through (4) of
this AD.
(1) The term ‘‘LDG’’ in the ‘‘First
Inspection’’ column of any table in the
service information means total airplane
landings.
(2) The term ‘‘FH’’ in the ‘‘First Inspection’’
column of any table in the service
information means total flight hours.
(3) The term ‘‘FC’’ in the ‘‘First Inspection’’
column of any table in the service
information means total flight cycles.
(4) The term ‘‘M’’ in the ‘‘First Inspection’’
column of any table in the service
information means months since the date of
issuance of the original airworthiness
certificate or the date of issuance of the
original export certificate of airworthiness.
(j) No Alternative Actions or Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (i) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions and
intervals are approved as an AMOC in
accordance with the procedures specified in
paragraph (l)(1) of this AD.
(k) Terminating Actions for Certain Actions
in AD 2010–26–05
Accomplishing the actions required by
paragraph (g) or (i) of this AD terminates the
requirements of paragraph (g)(1) of AD 2010–
26–05, for Dassault Aviation Model FALCON
900EX airplanes, serial numbers 1 through 96
inclusive, and serial numbers 98 through 119
inclusive.
(l) Other FAA AD Provisions
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (m)(2) of this AD. Information may
be emailed to 9-ANM-116-AMOCREQUESTS@faa.gov. 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: As of the
effective date of this AD, for any requirement
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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
2019–0133, dated June 11, 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–2019–0698.
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3226.
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(n) 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.
(3) The following service information was
approved for IBR on January 24, 2020.
(i) Chapter 5–40, Airworthiness
Limitations, Revision 16, dated September
2018, of the Dassault FALCON 900EX
Maintenance Manual.
(ii) [Reserved]
(4) The following service information was
approved for IBR on October 19, 2017 (82 FR
43163, September 14, 2017).
(i) Chapter 5–40, Airworthiness
Limitations, Revision 14, dated November
2015, of the FALCON 900EX Maintenance
Manual.
(ii) [Reserved]
(5) 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.
(6) 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.
(7) You may view this service information
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/ibrlocations.html.
Issued in Des Moines, Washington, on
November 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–27467 Filed 12–19–19; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:09 Dec 19, 2019
Jkt 250001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0406; Product
Identifier 2019–NM–059–AD; Amendment
39–21006; AD 2019–24–17]
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 MD–90–30
airplanes. This AD was prompted by
reports indicating that certain center
wing stringers and skins are potentially
susceptible to cracking. This AD
requires repetitive eddy current, low
frequency (ETLF) inspections of the left
and right side fastener holes for any
crack; repetitive eddy current, high
frequency (ETHF) inspections of the
lower skin for any crack; and repair if
any crack is found. The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective January 24,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 24, 2020.
ADDRESSES: For service information
identified in this final rule, 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 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–2019–0406.
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–2019–
0406; 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
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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:
David Truong, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5224; fax: 562–627–
5210; email: david.truong@faa.gov.
SUPPLEMENTARY INFORMATION:
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
MD–90–30 airplanes. The NPRM
published in the Federal Register on
June 21, 2019 (84 FR 29105). The NPRM
was prompted by reports indicating that
based on Model MD–80 airplane service
experience, certain center wing stringers
and skins are potentially susceptible to
fatigue-related cracking on Model MD–
90 airplanes. The Model MD–80 and
Model MD–90 wings share the same
basic design and experience similar
stresses, but no such cracking has been
found on Model MD–90 airplanes.
Cracks on Model MD–80 airplanes were
found in the center wing lower
stringers, at the inboard end where they
are joined to the airplane centerline by
end fittings; in the lower stringer end
fittings, at the outboard end where they
attach to stringers; and in the lower
forward and aft skins, underneath
cracked stringers. If not addressed, this
cracking could result in the inability of
the structure to sustain limit loads, and
adversely affect the structural integrity
of the airplane. The NPRM proposed to
require repetitive ETLF inspections of
the left and right side fastener holes for
any crack; repetitive ETHF inspections
of the lower skin for any crack; and
repair if any crack is found.
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 for Clarification of Other
Relevant Rulemaking Section
Boeing requested clarification
regarding the number of cracking
occurrences reported in areas outside of
those addressed by AD 2016–07–28,
Amendment 39–18473 (81 FR 21253,
April 11, 2016) (‘‘AD 2016–07–28’’), or
Boeing Alert Service Bulletin MD80–
E:\FR\FM\20DER1.SGM
20DER1
]]>Agencies
[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Rules and Regulations]
[Pages 69997-70000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27467]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0698; Product Identifier 2019-NM-109-AD; Amendment
39-19814; AD 2019-24-11]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2014-16-26
and AD 2017-19-04, which applied to certain Dassault Aviation Model
FALCON 900EX airplanes. Those ADs required revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and/or airworthiness
limitations. Since the FAA issued AD 2014-16-26 and AD 2017-19-04, the
FAA determined that new or more restrictive airworthiness limitations
are necessary. This AD continues to require those maintenance or
inspection program revisions, and also requires revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations. The FAA
is issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective January 24, 2020.
[[Page 69998]]
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 24,
2020.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
October 19, 2017 (82 FR 43163, September 14, 2017).
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 referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0698.
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-
0698; 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 2019-0133, dated June 11, 2019 (``EASA AD 2019-0133'') (also
referred to as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model FALCON 900EX 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-2019-0698.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2014-16-26, Amendment 39-17950 (79 FR
51077, August 27, 2014) (``AD 2014-16-26''); and AD 2017-19-04,
Amendment 39-19034 (82 FR 43163, September 14, 2017) (``AD 2017-19-
04''). AD 2014-16-26 and AD 2017-19-04 applied to certain Dassault
Aviation Model FALCON 900EX airplanes. The NPRM published in the
Federal Register on September 16, 2019 (84 FR 48569). The NPRM was
prompted by the FAA's determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to continue
to require revising the existing maintenance or inspection program, as
applicable; and to require additional revision of the existing
maintenance or inspection program, as applicable; to incorporate new or
more restrictive airworthiness limitations. The FAA is issuing this AD
to address reduced structural integrity of the airplane. See the MCAI
for additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA 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.
Related Service Information Under 1 CFR Part 51
Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, Revision 16, dated September 2018, of the Dassault FALCON
900EX Maintenance Manual. This service information describes
procedures, maintenance tasks, and airworthiness limitations specified
in the Airworthiness Limitations section of the Airplane Maintenance
Manual.
This AD also requires Chapter 5-40, Airworthiness Limitations,
Revision 14, dated November 2015, of the FALCON 900EX Maintenance
Manual, which the Director of the Federal Register approved for
incorporation by reference as of October 19, 2017 (82 FR 43163,
September 14, 2017).
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.
Costs of Compliance
The FAA estimates that this AD affects 100 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2017-19-04 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency 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. The FAA estimates the total cost per operator for
the new actions to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This 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
[[Page 69999]]
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,
(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
0
a. Removing Airworthiness Directive (AD) 2014-16-26, Amendment 39-17950
(79 FR 51077, August 27, 2014); and AD 2017-19-04, Amendment 39-19034
(82 FR 43163, September 14, 2017); and
0
b. Adding the following new AD:
2019-24-11 Dassault Aviation: Amendment 39-19814; Docket No. FAA-
2019-0698; Product Identifier 2019-NM-109-AD.
(a) Effective Date
This AD is effective January 24, 2020.
(b) Affected ADs
(1) This AD replaces AD 2014-16-26, Amendment 39-17950 (79 FR
51077, August 27, 2014) (``AD 2014-16-26''); and AD 2017-19-04,
Amendment 39-19034 (82 FR 43163, September 14, 2017) (``AD 2017-19-
04'').
(2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (``AD 2010-26-05'').
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 900EX
airplanes, certificated in any category, serial numbers 1 through 96
inclusive, and serial numbers 98 through 119 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of Maintenance or Inspection Program, With No
Changes
This paragraph restates the requirements of paragraph (g) of AD
2017-19-04, with no changes. Within 90 days after October 19, 2017
(the effective date of AD 2017-19-04), revise the existing
maintenance or inspection program, as applicable, to incorporate the
information specified in Chapter 5-40, Airworthiness Limitations,
Revision 14, dated November 2015, of the FALCON 900EX Maintenance
Manual. The initial compliance time for accomplishing the actions
specified in Chapter 5-40, Airworthiness Limitations, Revision 14,
dated November 2015, of the FALCON 900EX Maintenance Manual, is
within the applicable times specified in the maintenance manual, or
90 days after October 19, 2017, whichever occurs later, except as
provided by paragraphs (g)(1) through (4) of this AD.
(1) The term ``LDG'' in the ``First Inspection'' column of any
table in the service information means total airplane landings.
(2) The term ``FH'' in the ``First Inspection'' column of any
table in the service information means total flight hours.
(3) The term ``FC'' in the ``First Inspection'' column of any
table in the service information means total flight cycles.
(4) The term ``M'' in the ``First Inspection'' column of any
table in the service information means months.
(h) Retained Requirement for No Alternative Actions and Intervals, With
New Exception
This paragraph restates the requirement specified in paragraph
(h) of AD 2017-19-04, with a new exception. Except as required by
paragraph (i) of this AD, after accomplishing the revision required
by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (l)(1) of
this AD.
(i) New Requirement of This AD: Maintenance or Inspection Program
Revision
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Chapter 5-40, Airworthiness
Limitations, Revision 16, dated September 2018, of the Dassault
FALCON 900EX Maintenance Manual. The initial compliance times for
accomplishing the actions are at the times specified in Chapter 5-
40, Airworthiness Limitations, Revision 16, dated September 2018, or
90 days after the effective date of this AD, whichever occurs later,
except as provided by paragraphs (i)(1) through (4) of this AD.
(1) The term ``LDG'' in the ``First Inspection'' column of any
table in the service information means total airplane landings.
(2) The term ``FH'' in the ``First Inspection'' column of any
table in the service information means total flight hours.
(3) The term ``FC'' in the ``First Inspection'' column of any
table in the service information means total flight cycles.
(4) The term ``M'' in the ``First Inspection'' column of any
table in the service information means months since the date of
issuance of the original airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.
(j) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions and intervals are approved as an AMOC in accordance with the
procedures specified in paragraph (l)(1) of this AD.
(k) Terminating Actions for Certain Actions in AD 2010-26-05
Accomplishing the actions required by paragraph (g) or (i) of
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model FALCON 900EX airplanes, serial
numbers 1 through 96 inclusive, and serial numbers 98 through 119
inclusive.
(l) Other FAA AD Provisions
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (m)(2) of this AD. Information
may be emailed to [email protected]. 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: As of the effective date of
this AD, for any requirement
[[Page 70000]]
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 2019-0133, dated June 11, 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-2019-0698.
(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.
(n) 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.
(3) The following service information was approved for IBR on
January 24, 2020.
(i) Chapter 5-40, Airworthiness Limitations, Revision 16, dated
September 2018, of the Dassault FALCON 900EX Maintenance Manual.
(ii) [Reserved]
(4) The following service information was approved for IBR on
October 19, 2017 (82 FR 43163, September 14, 2017).
(i) Chapter 5-40, Airworthiness Limitations, Revision 14, dated
November 2015, of the FALCON 900EX Maintenance Manual.
(ii) [Reserved]
(5) 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.
(6) 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.
(7) You may view this service information 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 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-27467 Filed 12-19-19; 8:45 am]
BILLING CODE 4910-13-P
