Airworthiness Directives; Dassault Aviation Airplanes, 50970-50973 [2020-18026]

Download as PDF 50970 Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Proposed Rules the quarterly Call Report for the quarter ending March 31, 2023 and ending with the quarterly Call Report for the quarter ending December 31, 2025. jbell on DSKJLSW7X2PROD with PROPOSALS § 702.703 (a) Eligibility—The NCUA shall use the transition provisions of this subpart in determining a credit union’s net worth category under this part, as applicable, if: (1) The credit union has not adopted CECL before December 15, 2022; and (2) The credit union records a reduction in retained earnings due to the adoption of CECL. (b) Determination of CECL transition amount. (1) For purposes of calculating the first three quarters of the transition period, as described in paragraph (c)(1) of this section, the CECL transitional amount is equal to the difference between the credit union’s retained earnings on December 15, 2022, and the credit union’s retained earnings on January 1, 2023. (2) For purposes of calculating the fourth through twelfth quarters of the transition period, as described in paragraphs (c)(2) and (3) of this section, the CECL transitional amount is equal to the difference between the credit union’s retained earnings on December 31, 2023, and the credit union’s retained earnings on December 30, 2024. (c) Calculation of CECL transition provision. In determining the net worth category of a credit union as provided in paragraph (a) of this section, the NCUA shall: (1) Increase retained earnings and total assets as reported on the Call Report for purposes of the net worth ratio by 100 percent of its CECL transitional amount during the first three quarters of the transition period (first three reporting quarters of 2023); (2) Increase retained earnings and total assets as reported on the Call Report for purposes of the net worth ratio by sixty-seven percent of its CECL transitional amount during the second four quarters of the transition period (fourth reporting quarter of 2023 and first three reporting quarters of 2024); and (3) Increase retained earnings and total assets as reported on the Call Report for purposes of the net worth ratio by thirty-three percent of its CECL transitional amount during the final four quarters of the transition period (fourth reporting quarter of 2024 and first three reporting quarters of 2025). BILLING CODE P VerDate Sep<11>2014 16:13 Aug 18, 2020 Jkt 250001 Federal Aviation Administration 14 CFR Part 39 CECL transition provisions. [FR Doc. 2020–16987 Filed 8–18–20; 8:45 am] DEPARTMENT OF TRANSPORTATION [Docket No. FAA–2020–0778; Product Identifier 2020–NM–097–AD] RIN 2120–AA64 Airworthiness Directives; Dassault Aviation Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2019–23–05, which applies to all Dassault Aviation Model MYSTERE– FALCON 900 airplanes. AD 2019–23–05 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2019–23–05, the agency has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which will be incorporated by reference. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by October 5, 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, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For EASA material that will be incorporated by reference (IBR) in this AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu; internet: SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 www.easa.europa.eu. You may find this IBR material on the EASA website at https://ad.easa.europa.eu. For Dassault service information identified in this proposed AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; phone: 201–440–6700; internet: https:// www.dassaultfalcon.com. You may view this IBR material at the FAA, Airworthiness Products Section, Operational Safety 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–2020– 0778. 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–2020– 0778; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, 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, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3226; email: tom.rodriguez@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2020–0778; Product Identifier 2020–NM–097–AD’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this NPRM based on those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments that are received, without change, to https://www.regulations.gov, including any personal information you provide. E:\FR\FM\19AUP1.SGM 19AUP1 Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Proposed Rules The FAA will also post a report summarizing each substantive verbal contact the FAA receives about this NPRM. Confidential Business Information Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to the person identified in the FOR FURTHER INFORMATION CONTACT section. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. jbell on DSKJLSW7X2PROD with PROPOSALS Discussion The FAA issued AD 2019–23–05, Amendment 39–19799 (84 FR 67169, December 9, 2019) (‘‘AD 2019–23–05’’), for all Dassault Aviation Model MYSTERE–FALCON 900 airplanes. AD 2019–23–05 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA issued AD 2019– 23–05 to address reduced structural integrity of the airplane. AD 2019–23– 05 specifies that accomplishing paragraph (g) or (i) of that AD terminates the requirements of paragraph (g)(1) of AD 2010–26–05, Amendment 39–16544 (75 FR 79952, December 21, 2010), for Dassault Aviation Model MYSTERE– FALCON 900 airplanes. Actions Since AD 2019–23–05 Was Issued Since the FAA issued AD 2019–23– 05, the FAA has determined that new or more restrictive airworthiness limitations are necessary. The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020–0115, dated May 20, 2020 (‘‘EASA AD 2020–0115’’) (also referred to as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct VerDate Sep<11>2014 16:13 Aug 18, 2020 Jkt 250001 an unsafe condition for all Dassault Aviation Model MYSTERE–FALCON 900 airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is proposing this AD to address reduced structural integrity of the airplane. See the MCAI for additional background information. Related IBR Material Under 1 CFR Part 51 EASA AD 2020–0115, dated May 20, 2020, describes new or more restrictive airworthiness limitations for airplane structures and safe life limits. This proposed AD would also require Chapter 5–40, Airworthiness Limitations, Revision 24, dated September 2018, of the Dassault Aviation Falcon 900 Maintenance Manual, which the Director of the Federal Register approved for incorporation by reference as of January 13, 2020 (84 FR 67169, December 9, 2019). 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 and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI and service information referenced above. The FAA is proposing this AD because the FAA has evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Proposed AD Requirements This proposed AD would retain the requirements of AD 2019–23–05. This proposed AD would also require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, which are specified in EASA AD 2020–0115 described previously, as incorporated by reference. Any differences with EASA AD 2020–0115 are identified as exceptions in the regulatory text of this AD. This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 50971 with these actions [and CDCCLs] is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (m)(1) of this proposed 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 2020–0115 will be incorporated by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2020–0115 in its entirety, through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed 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 2020–0115 that is required for compliance with EASA AD 2020–0115 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–0778 after the FAA final rule is published. Airworthiness Limitation ADs Using the New Process The FAA’s process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs (primarily those with service bulletins as the primary source of information for accomplishing the actions required by the FAA AD). However, the FAA is now expanding the process to include MCAI ADs that require a change to airworthiness limitation documents, E:\FR\FM\19AUP1.SGM 19AUP1 50972 Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Proposed Rules such as airworthiness limitation sections. For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA requirements are unchanged. Operators must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403(c) and 91.409(e). Costs of Compliance The FAA estimates that this proposed AD affects 105 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: The FAA estimates the total cost per operator for the retained actions from AD 2019–23–05 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 agency 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 proposed actions to be $7,650 (90 work-hours × $85 per work-hour). jbell on DSKJLSW7X2PROD with PROPOSALS Authority for This Rulemaking 16:13 Aug 18, 2020 Jkt 250001 The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 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) 2019–23–05, Amendment 39– 19799 (84 FR 67169, December 9, 2019), and ■ b. Adding the following new AD: ■ 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. VerDate Sep<11>2014 Regulatory Findings Dassault Aviation: Docket No. FAA–2020– 0778; Product Identifier 2020–NM–097– AD. (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 Existing Maintenance or Inspection Program, With No Changes This paragraph restates the requirements of paragraph (i) of AD 2019–23–05, with no changes. Within 90 days after January 13, 2020 (the effective date of AD 2019–23–05), revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in Chapter 5–40, Airworthiness Limitations, Revision 24, dated September 2018, of the Dassault Aviation Falcon 900 Maintenance Manual. The initial compliance times for doing the tasks are at the times specified in Chapter 5– 40, Airworthiness Limitations, Revision 24, dated September 2018, of the Dassault Aviation Falcon 900 Maintenance Manual, or within 90 days after January 13, 2020, whichever occurs later. The term ‘‘LDG’’ in the ‘‘First Inspection’’ column of any table in the service information specified in this paragraph means total airplane landings. The term ‘‘FH’’ in the ‘‘First Inspection’’ column of any table in the service information specified in this paragraph means total flight hours. The term ‘‘FC’’ in the ‘‘First Inspection’’ column of any table in the service information specified in this paragraph means total flight cycles. The term ‘‘M’’ in the ‘‘First Inspection’’ column of any table in the service information specified in this paragraph means months since the date of issuance of the original airworthiness certificate or the date of issuance of the original export certificate of airworthiness. Accomplishing the maintenance or inspection program revision required by paragraph (i) of this AD terminates the requirements of this paragraph. (b) Affected ADs (1) This AD replaces AD 2019–23–05, Amendment 39–19799 (84 FR 67169, December 9, 2019) (‘‘AD 2019–23–05’’). (2) This AD affects AD 2010–26–05, Amendment 39–16544 (75 FR 79952, December 21, 2010) (‘‘AD 2010–26–05’’). (h) Retained Restrictions on Alternative Actions or Intervals, With a New Exception This paragraph restates the requirements of paragraph (h) of AD 2019–23–05, with a new exception. Except as required by paragraph (i) of this AD, after the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an AMOC in accordance with the procedures specified in paragraph (m)(1) of this AD. (c) Applicability This AD applies to all Dassault Aviation Model MYSTERE–FALCON 900 airplanes, certificated in any category. (i) New Maintenance or Inspection Program Revision Except as specified in paragraph (j) of this AD: Comply with all required actions and (a) Comments Due Date The FAA must receive comments by October 5, 2020. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM 19AUP1 Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Proposed Rules compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2020–0115, dated May 20, 2020 (‘‘EASA AD 2020–0115’’). Accomplishing the maintenance or inspection program revision required by this paragraph terminates the requirements of paragraph (g) of this AD. (j) Exceptions to EASA AD 2020–0115 (1) The requirements specified in paragraphs (1) and (2) of EASA AD 2020– 0115 do not apply to this AD. (2) Paragraph (3) of EASA AD 2020–0115 specifies revising ‘‘the approved AMP’’ within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, to incorporate the ‘‘limitations, tasks and associated thresholds and intervals’’ specified in paragraph (3) of EASA AD 2020–0115 within 90 days after the effective date of this AD. (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2020–0115 is at the applicable ‘‘associated thresholds’’ specified in paragraph (3) of EASA AD 2020–0115, or within 90 days after the effective date of this AD, whichever occurs later. (4) The provisions specified in paragraphs (4) and (5) of EASA AD 2020–0115 do not apply to this AD. (5) The ‘‘Remarks’’ section of EASA AD 2020–0115 does not apply to this AD. (k) New Provisions for Alternative Actions or Intervals After the maintenance or inspection program has been revised as required by paragraph (i) of this AD, no alternative actions (e.g., inspections) or intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2020– 0115. jbell on DSKJLSW7X2PROD with PROPOSALS (l) Terminating Actions for Certain Requirements 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 MYSTERE–FALCON 900 airplanes. (m) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (n)(4) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager VerDate Sep<11>2014 16:13 Aug 18, 2020 Jkt 250001 of the local flight standards district office/ certificate holding district office. (ii) AMOCs approved previously for AD 2019–23–05 are approved as AMOCs for the corresponding provisions of EASA AD 2020– 0115 that are required by paragraph (i) of this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation 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. (n) Related Information (1) For information about EASA AD 2020– 0115, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; 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. (2) For Dassault service information identified in this proposed AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; phone: 201–440–6700; internet: https://www.dassaultfalcon.com. (3) You may view this material at the FAA, Airworthiness Products Section, Operational Safety 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–2020–0778. (4) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3226; email: tom.rodriguez@ faa.gov. Issued on August 13, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–18026 Filed 8–18–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 9 RIN 2900–AQ53 Servicemembers’ Group Life Insurance Traumatic Injury Protection Program Amendments Department of Veterans Affairs. Proposed rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) proposes to amend its regulations that govern the Servicemembers’ Group Life Insurance SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 50973 (SGLI) Traumatic Injury Protection (TSGLI) program, to clarify the eligibility criteria, add definitions, and explain the application and appeals processes, including the submission of supporting evidence and the interaction between the administrative appeals process and a Federal lawsuit on a claim. VA proposes to recodify the definitions in the current regulation that are pertinent to the schedule of losses, revise existing definitions, and add new definitions. VA would add a new regulation to codify the text at the beginning of the schedule of losses, recodify that schedule, and amend the criteria for certain losses in the schedule. This rulemaking also responds to a petition for rulemaking. DATES: Comments must be received on or before October 19, 2020. ADDRESSES: Written comments may be submitted through https:// www.Regulations.gov; by mail or handdelivery to: Director, Office of Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Ave. NW, Room 1064, Washington, DC 20420; or by fax to (202) 273–9026. (This is not a toll-free telephone number.) Comments should indicate that they are submitted in response to ‘‘RIN 2900–AQ53 Servicemembers’ Group Life Insurance Traumatic Injury Protection Program Amendments.’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1064, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. (This is not a toll-free telephone number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at https://www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Paul Weaver, Department of Veterans Affairs Insurance Center (310/290B), 5000 Wissahickon Avenue, Philadelphia, PA 19144, (215) 842–2000, ext. 4263. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: TSGLI provides up to $100,000 of traumatic injury coverage to all servicemembers enrolled in SGLI. TSGLI provides a financial benefit to seriously injured SGLI insureds to assist them with expenses incurred during long periods of recovery and rehabilitation. Since the program began issuing benefits on December 22, 2005, through June 30, 2019, over $1 billion has been paid to almost 18,500 injured servicemembers. TSGLI is modeled after commercial Accidental Death and Dismemberment E:\FR\FM\19AUP1.SGM 19AUP1

Agencies

[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Proposed Rules]
[Pages 50970-50973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18026]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0778; Product Identifier 2020-NM-097-AD]

RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-23-05, which applies to all Dassault Aviation Model MYSTERE-FALCON 
900 airplanes. AD 2019-23-05 requires revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. Since the FAA issued AD 2019-23-
05, the agency has determined that new or more restrictive 
airworthiness limitations are necessary. This proposed AD would require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
will be incorporated by reference. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 5, 
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, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For EASA material that will be incorporated by reference (IBR) in 
this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; phone: +49 221 8999 000; email: [email protected]; internet: 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. For Dassault service information 
identified in this proposed AD, contact Dassault Falcon Jet 
Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 
07606; phone: 201-440-6700; internet: https://www.dassaultfalcon.com. 
You may view this IBR material at the FAA, Airworthiness Products 
Section, Operational Safety 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-2020-0778.

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-2020-
0778; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, 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, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3226; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-0778; 
Product Identifier 2020-NM-097-AD'' at the beginning of your comments. 
The most helpful comments reference a specific portion of the proposal, 
explain the reason for any recommended change, and include supporting 
data. The FAA will consider all comments received by the closing date 
and may amend this NPRM based on those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments that are received, without 
change, to https://www.regulations.gov, including any personal 
information you provide.

[[Page 50971]]

The FAA will also post a report summarizing each substantive verbal 
contact the FAA receives about this NPRM.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this NPRM. Submissions containing 
CBI should be sent to the person identified in the FOR FURTHER 
INFORMATION CONTACT section. Any commentary that the FAA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Discussion

    The FAA issued AD 2019-23-05, Amendment 39-19799 (84 FR 67169, 
December 9, 2019) (``AD 2019-23-05''), for all Dassault Aviation Model 
MYSTERE-FALCON 900 airplanes. AD 2019-23-05 requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. The FAA 
issued AD 2019-23-05 to address reduced structural integrity of the 
airplane. AD 2019-23-05 specifies that accomplishing paragraph (g) or 
(i) of that AD terminates the requirements of paragraph (g)(1) of AD 
2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010), for 
Dassault Aviation Model MYSTERE-FALCON 900 airplanes.

Actions Since AD 2019-23-05 Was Issued

    Since the FAA issued AD 2019-23-05, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0115, dated May 20, 2020 
(``EASA AD 2020-0115'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Dassault Aviation Model MYSTERE-FALCON 900 airplanes.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address reduced structural integrity of the 
airplane. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0115, dated May 20, 2020, describes new or more 
restrictive airworthiness limitations for airplane structures and safe 
life limits.
    This proposed AD would also require Chapter 5-40, Airworthiness 
Limitations, Revision 24, dated September 2018, of the Dassault 
Aviation Falcon 900 Maintenance Manual, which the Director of the 
Federal Register approved for incorporation by reference as of January 
13, 2020 (84 FR 67169, December 9, 2019).
    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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA has evaluated all pertinent information and determined 
an unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 2019-23-05. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2020-0115 described previously, as incorporated by reference. Any 
differences with EASA AD 2020-0115 are identified as exceptions in the 
regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions [and CDCCLs] is required by 14 CFR 
91.403(c). For airplanes that have been previously modified, altered, 
or repaired in the areas addressed by this proposed AD, the operator 
may not be able to accomplish the actions described in the revisions. 
In this situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according to 
paragraph (m)(1) of this proposed 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 2020-0115 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0115 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed 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 2020-0115 that is required 
for compliance with EASA AD 2020-0115 will be available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0778 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents,

[[Page 50972]]

such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).

Costs of Compliance

    The FAA estimates that this proposed AD affects 105 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-23-05 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 agency 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 proposed 
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.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2019-23-05, Amendment 39-19799 
(84 FR 67169, December 9, 2019), and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2020-0778; Product Identifier 
2020-NM-097-AD.

(a) Comments Due Date

    The FAA must receive comments by October 5, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2019-23-05, Amendment 39-19799 (84 FR 
67169, December 9, 2019) (``AD 2019-23-05'').
    (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 all Dassault Aviation Model MYSTERE-FALCON 
900 airplanes, certificated in any category.

(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 Existing Maintenance or Inspection Program, 
With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2019-23-05, with no changes. Within 90 days after January 13, 2020 
(the effective date of AD 2019-23-05), revise the existing 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Chapter 5-40, Airworthiness Limitations, 
Revision 24, dated September 2018, of the Dassault Aviation Falcon 
900 Maintenance Manual. The initial compliance times for doing the 
tasks are at the times specified in Chapter 5-40, Airworthiness 
Limitations, Revision 24, dated September 2018, of the Dassault 
Aviation Falcon 900 Maintenance Manual, or within 90 days after 
January 13, 2020, whichever occurs later. The term ``LDG'' in the 
``First Inspection'' column of any table in the service information 
specified in this paragraph means total airplane landings. The term 
``FH'' in the ``First Inspection'' column of any table in the 
service information specified in this paragraph means total flight 
hours. The term ``FC'' in the ``First Inspection'' column of any 
table in the service information specified in this paragraph means 
total flight cycles. The term ``M'' in the ``First Inspection'' 
column of any table in the service information specified in this 
paragraph means months since the date of issuance of the original 
airworthiness certificate or the date of issuance of the original 
export certificate of airworthiness. Accomplishing the maintenance 
or inspection program revision required by paragraph (i) of this AD 
terminates the requirements of this paragraph.

(h) Retained Restrictions on Alternative Actions or Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-23-05, with a new exception. Except as required by paragraph 
(i) of this AD, after the existing maintenance or inspection program 
has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections) or intervals may be used 
unless the actions or intervals are approved as an AMOC in 
accordance with the procedures specified in paragraph (m)(1) of this 
AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and

[[Page 50973]]

compliance times specified in, and in accordance with, European 
Union Aviation Safety Agency (EASA) AD 2020-0115, dated May 20, 2020 
(``EASA AD 2020-0115''). Accomplishing the maintenance or inspection 
program revision required by this paragraph terminates the 
requirements of paragraph (g) of this AD.

(j) Exceptions to EASA AD 2020-0115

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0115 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0115 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, to incorporate the ``limitations, tasks and 
associated thresholds and intervals'' specified in paragraph (3) of 
EASA AD 2020-0115 within 90 days after the effective date of this 
AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2020-0115 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0115, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2020-0115 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0115 does not apply 
to this AD.

(k) New Provisions for Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (i) of this AD, no alternative actions (e.g., 
inspections) or intervals are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2020-0115.

(l) Terminating Actions for Certain Requirements 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 MYSTERE-FALCON 900 airplanes.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (n)(4) of this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (ii) AMOCs approved previously for AD 2019-23-05 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0115 that are 
required by paragraph (i) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation 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.

(n) Related Information

    (1) For information about EASA AD 2020-0115, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; internet: www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (2) For Dassault service information identified in this proposed 
AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. 
Box 2000, South Hackensack, NJ 07606; phone: 201-440-6700; internet: 
https://www.dassaultfalcon.com.
    (3) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety 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-2020-0778.
    (4) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and 
fax: 206-231-3226; email: [email protected].

    Issued on August 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-18026 Filed 8-18-20; 8:45 am]
BILLING CODE 4910-13-P

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