Airworthiness Directives; Dassault Aviation Airplanes, 52254-52257 [2020-18488]
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52254
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
8. Revise § 621.9 to read as follows:
§ 621.9
DEPARTMENT OF TRANSPORTATION
Reinstatement to accrual status.
Federal Aviation Administration
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(a) Before being reinstated to accrual
status, a loan must be current on
contractual payments and the borrower
offered servicing in accordance with the
institution’s policies maintained under
either § 614.4170 or part 617 of this
chapter, whichever is applicable.
Additional reinstatement eligibility
requirements are dependent upon
certain characteristics of the loan under
review.
(1) A loan that was current when
placed in nonaccrual status pursuant to
§ 621.6(a)(1) may be reinstated to
accrual status if the known risks to the
continued collection of principal or
interest have been mitigated. If the loan
was past due when placed in
nonaccrual status, it may only be
reinstated under either paragraph (a)(2)
or (a)(3) of this section, as applicable.
(2) A loan placed in nonaccrual status
when past due and not adequately
secured must remain current on
contractual payments for a period of
sustained performance before it may be
reinstated.
(3) A loan placed in nonaccrual status
when past due and adequately secured
must have a recent repayment pattern
demonstrating future repayment
capacity to make on-time payments
before it may be reinstated. The
repayment pattern is established in one
of two ways:
(i) Sustained performance in making
on-time contractual payments, or
(ii) A recent history of making on-time
partial payments in amounts the same
or greater than newly restructured
payment amounts.
(b) Nothing in this section prevents a
current loan from being reinstated to
accrual status in response to a Credit
Review Committee decision issued
under section 4.14D(d) of the Farm
Credit Act of 1971, as amended, when
that decision was made in compliance
with applicable laws, regulations, and
in accordance with generally accepted
accounting principles.
Dated: July 21, 2020.
Dale Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2020–16135 Filed 8–24–20; 8:45 am]
BILLING CODE 6705–01–P
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14 CFR Part 39
[Docket No. FAA–2020–0777; Project
Identifier MCAI–2020–01071–T; Amendment
39–21217; AD 2020–17–12]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
Examining the AD Docket
The FAA is adopting a new
airworthiness directive (AD) for certain
Dassault Aviation Model MYSTERE–
FALCON 900, FALCON 900EX,
FALCON 2000, and FALCON 2000EX
airplanes. This AD was prompted by
reports of loose or missing nuts on the
pilot and co-pilot ventral seat belt
attachment points. This AD requires a
detailed inspection of certain seat belt
attaching point nuts for any loose or
missing nuts and replacement, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective
September 9, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 9, 2020.
The FAA must receive comments on
this AD by October 9, 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 material incorporated by reference
(IBR) in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
SUMMARY:
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internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, 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–
0777.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0777; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD, 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.
Tom
Rodriguez, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226; email
Tom.Rodriguez@faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0168R1, dated July 29, 2020
(‘‘EASA AD 2020–0168R1’’) (also
referred to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Dassault Aviation Model
MYSTERE–FALCON 900, FALCON
900EX, FALCON 2000, and FALCON
2000EX airplanes.
This AD was prompted by reports of
loose or missing nuts on the pilot and
co-pilot ventral seat belt attachment
points. The FAA is issuing this AD to
address this condition, which could
lead to detachment of the seat belt at a
critical phase of flight, such as landing
or, in the case of turbulence or
emergency landing, resulting in the
flight crew becoming unrestrained from
their seat, causing injury to the flight
crew and/or subsequent loss of control
of the airplane. This condition could
impede the continued safety of flight.
See the MCAI for additional background
information.
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52255
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0168R1 describes
procedures for a detailed inspection of
certain seat belt attaching point nuts for
any loose or missing nuts and corrective
action, which is replacement. This
material is reasonably available because
the interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD
because the FAA evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2020–
0168R1, described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD.
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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
2020–0168R1 is incorporated by
reference in this final rule. This AD,
therefore, requires compliance with
EASA AD 2020–0168R1 in its entirety,
through that incorporation, except for
any differences identified as exceptions
in the regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in the
EASA AD does not mean that operators
need comply only with that section. For
example, where the AD requirement
refers to ‘‘all required actions and
compliance times,’’ compliance with
this AD requirement is not limited to
the section titled ‘‘Required Action(s)
and Compliance Time(s)’’ in the EASA
AD. Service information specified in
EASA AD 2020–0168R1 that is required
for compliance with EASA AD 2020–
0168R1 is available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0777.
FAA’s Justification and Determination
of the Effective Date
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies foregoing notice
and comment prior to adoption of this
rule because the detachment of the seat
belt at a critical phase of flight such as
landing or, in the case of turbulence or
emergency landing, could result in the
flight crew becoming unrestrained from
their seat, causing injury to the flight
crew and/or subsequent loss of control
of the airplane, thereby impeding
continued safety of flight. In addition,
the compliance time for the required
action is shorter than the time necessary
for the public to comment and for
publication of the final rule. Therefore,
the FAA finds good cause that notice
and opportunity for prior public
comment are impracticable. In addition,
for the reasons stated above, the FAA
finds that good cause exists for making
this amendment effective in less than 30
days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
the FAA did not precede it by notice
and opportunity for public comment.
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–0777; Project Identifier
MCAI–2020–01071–T’’ 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. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
copy of the 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
the FAA receives, without change, to
https://www.regulations.gov, including
any personal information you provide.
The FAA will also post a report
summarizing each substantive verbal
contact the FAA receives about this AD.
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 AD 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 AD,
it is important that you clearly designate
the submitted documents 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 AD. Submissions containing CBI
should be sent to the person identified
in the FOR FURTHER INFORMATION
CONTACT section. Any commentary that
the FAA receives that is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
The FAA estimates that this AD
affects 793 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
4 work-hours × $85 per hour = $340 ..........................................................................................
$4
$344
$272,792
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16:10 Aug 24, 2020
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52256
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
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 AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
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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):
■
2020–17–12 Dassault Aviation:
Amendment 39–21217; Docket No.
FAA–2020–0777; Project Identifier
MCAI–2020–01071–T.
VerDate Sep<11>2014
16:10 Aug 24, 2020
Jkt 250001
(a) Effective Date
This AD becomes effective September 9,
2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Dassault Aviation
Model MYSTERE–FALCON 900, FALCON
900EX, FALCON 2000, and FALCON 2000EX
airplanes, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2020–0168R1, dated July
29, 2020 (‘‘EASA AD 2020–0168R1’’).
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/furnishings.
(e) Reason
This AD was prompted by reports of loose
or missing nuts on the pilot and co-pilot
ventral seat belt attachment points. The FAA
is issuing this AD to address this condition,
which could lead to detachment of the seat
belt at a critical phase of flight such as
landing or, in the case of turbulence or
emergency landing, resulting in the flight
crew becoming unrestrained from their seat,
causing injury to the flight crew and/or
subsequent loss of control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2020–0168R1.
(h) Exceptions to EASA AD EASA AD 2020–
0168R1
(1) Where EASA AD 2020–0168R1 refers to
its effective date, this AD requires using the
effective date of this AD.
(2) Where paragraph (2) of EASA AD 2020–
0168R1 specifies actions if, ‘‘deficiencies (as
defined in the applicable inspection SB) are
found on,’’ for this AD deficiencies are
defined as any missing nuts or any axial end
play on any bolt assemblies (loose nuts).
(3) Paragraph (4) of EASA AD 2020–
0168R1 provides credit for ‘‘accomplishment
of a ‘C’ check (as per Dassault definition).’’
For this AD, that credit is allowed provided
it can be conclusively determined that each
affected part was inspected as specified in
that ‘C’ check.
(4) The ‘‘Remarks’’ section of EASA AD
2020–0168R1 does not apply to this AD.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0168R1
specifies to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
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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 (k) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@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, 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.
(k) Related Information
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; telephone and
fax 206–231–3226; email Tom.Rodriguez@
faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0168R1, dated July 29,
2020.
(ii) [Reserved]
(3) For information about EASA AD 2020–
0168R1, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany;
telephone +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.
(4) 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–2020–0777.
(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.
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
Issued on August 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–18488 Filed 8–24–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0690; Project
Identifier AD–2020–00860–T; Amendment
39–21207; AD 2020–17–02]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 747–8 and
–8F series airplanes, and Model 787–8,
–9, and –10 airplanes. This AD requires
removing Kathon FP 1.5 biocide from
the fuel tanks and engines, installing a
fuel limitation placard, and revising the
existing airplane flight manual (AFM) to
prohibit operation of the airplane with
Kathon FP 1.5 biocide in a fuel tank or
engine. This AD was prompted by a
report indicating that Kathon FP 1.5
biocide added to fuel and running
through the engines can lead to
significant engine anomalies. The FAA
is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective August 25,
2020.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of August 25, 2020.
The FAA must receive comments on
this AD by October 9, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
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SUMMARY:
VerDate Sep<11>2014
16:10 Aug 24, 2020
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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,
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 on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0690.
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–
0690; 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,
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: Tak
Kobayashi, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3553; email: takahisa.kobayashi@
faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA has received a report
indicating that a The Boeing Company
Model 787 airplane equipped with
General Electric Company (GE) GEnx–
1B model turbofan engines experienced
temporary thrust anomalies on both
engines during descent into Kansai
International Airport in Japan, on March
29, 2019. Specifically, both engines
briefly fell below idle thrust, and the
flightcrew received failure messages for
both engines.
The FAA’s review of the data from
this incident indicated the thrust
anomalies resulted from fuel control
instability. The fuel tanks of the event
airplane had recently been treated with
Kathon FP 1.5 biocide for suspected
microbial growth contamination. Salt
crystals can form in the fuel under
certain conditions after Kathon FP 1.5
biocide is applied. These salt crystals
have the potential to cause slow
response of engine hydromechanical
control features, resulting in compressor
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52257
stalls or flameouts, potentially on both
engines.
This condition, if not addressed,
could result in malfunction of the
engine’s control system
hydromechanical unit due to
undispersed Kathon FP 1.5 biocide
contaminating and restricting the
movement of internal parts. Because the
fuel systems for both engines on an
affected airplane are likely to be
similarly affected, there is the potential
for loss of thrust control on both
engines. Loss of thrust control on both
engines could result in failure to climb
on takeoff, a forced off-airport landing,
or an unacceptably high flightcrew
workload.
However, after this biocide is added
to the fuel tanks, adding fuel without
biocide diminishes the hazard.
Eventually, after the tanks have been
refilled a sufficient number of times
with untreated fuel, enough of the
treated fuel would be dissipated, and
the unsafe condition would be removed.
Specifically, Boeing determined that
operating the airplane, or any individual
engine, for at least 30 flight cycles,
while adding only fuel that has not been
treated with this biocide, would flush
the biocide from the fuel tank system
and the engines. The FAA finds this
number of flight cycles to be sufficiently
conservative, and therefore has
incorporated it the requirements of this
AD.
The FAA’s analysis of the risks posed
by this issue has been ongoing, as has
the information available to the agency.
On March 10, 2020, the manufacturer of
Kathon FP 1.5 issued a letter
recommending an immediate halt of
using Kathon FP 1.5 biocide for aviation
fuel applications. A copy of that letter
is in the docket for this rulemaking. On
March 25, 2020, the FAA issued a
Special Airworthiness Information
Bulletin (SAIB), which is in the docket
for this rulemaking, regarding the use of
Kathon FP 1.5 and another biocide.
Most recently, on June 25, 2020, the
Japan Transport Safety Board issued an
‘‘Aircraft Serious Incident Investigation
Report’’ regarding the March 29, 2019
incident. That report is in the docket for
this rulemaking.
The engine and aircraft manufacturers
also evaluated the potential of Kathon
FP 1.5 biocide application resulting in
adverse effects on the engines besides
GEnx–1B model engines installed on
Model 787 airplanes. Based on this
evaluation, the FAA has determined
that the unsafe condition also exists on
The Boeing Company Model 747–8 and
–8F series airplanes powered by GEnx–
2B model engines.
E:\FR\FM\25AUR1.SGM
25AUR1
]]>Agencies
[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Rules and Regulations]
[Pages 52254-52257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18488]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0777; Project Identifier MCAI-2020-01071-T;
Amendment 39-21217; AD 2020-17-12]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Dassault Aviation Model MYSTERE-FALCON 900, FALCON 900EX,
FALCON 2000, and FALCON 2000EX airplanes. This AD was prompted by
reports of loose or missing nuts on the pilot and co-pilot ventral seat
belt attachment points. This AD requires a detailed inspection of
certain seat belt attaching point nuts for any loose or missing nuts
and replacement, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD becomes effective September 9, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 9,
2020.
The FAA must receive comments on this AD by October 9, 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 material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +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. 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-2020-0777.
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-
0777; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, 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; telephone and fax 206-231-3226;
email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0168R1, dated July 29, 2020
(``EASA AD 2020-0168R1'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Dassault Aviation Model MYSTERE-FALCON 900,
FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes.
This AD was prompted by reports of loose or missing nuts on the
pilot and co-pilot ventral seat belt attachment points. The FAA is
issuing this AD to address this condition, which could lead to
detachment of the seat belt at a critical phase of flight, such as
landing or, in the case of turbulence or emergency landing, resulting
in the flight crew becoming unrestrained from their seat, causing
injury to the flight crew and/or subsequent loss of control of the
airplane. This condition could impede the continued safety of flight.
See the MCAI for additional background information.
[[Page 52255]]
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0168R1 describes procedures for a detailed inspection
of certain seat belt attaching point nuts for any loose or missing nuts
and corrective action, which is replacement. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2020-0168R1, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-
0168R1 is incorporated by reference in this final rule. This AD,
therefore, requires compliance with EASA AD 2020-0168R1 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in the EASA AD does not mean that operators need comply only with that
section. For example, where the AD requirement refers to ``all required
actions and compliance times,'' compliance with this AD requirement is
not limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in the EASA AD. Service information specified in EASA AD
2020-0168R1 that is required for compliance with EASA AD 2020-0168R1 is
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0777.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because the detachment of the seat belt at a critical phase of flight
such as landing or, in the case of turbulence or emergency landing,
could result in the flight crew becoming unrestrained from their seat,
causing injury to the flight crew and/or subsequent loss of control of
the airplane, thereby impeding continued safety of flight. In addition,
the compliance time for the required action is shorter than the time
necessary for the public to comment and for publication of the final
rule. Therefore, the FAA finds good cause that notice and opportunity
for prior public comment are impracticable. In addition, for the
reasons stated above, the FAA finds that good cause exists for making
this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0777;
Project Identifier MCAI-2020-01071-T'' 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. To ensure the docket does not contain duplicate
comments, commenters should submit only one copy of the 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 the FAA receives, without change,
to https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this AD.
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 AD 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 AD, it is important that you clearly designate the submitted
documents 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 AD. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 793 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340........................... $4 $344 $272,792
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[[Page 52256]]
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 AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2020-17-12 Dassault Aviation: Amendment 39-21217; Docket No. FAA-
2020-0777; Project Identifier MCAI-2020-01071-T.
(a) Effective Date
This AD becomes effective September 9, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Dassault Aviation Model MYSTERE-FALCON 900,
FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes, certificated
in any category, as identified in European Union Aviation Safety
Agency (EASA) AD 2020-0168R1, dated July 29, 2020 (``EASA AD 2020-
0168R1'').
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Reason
This AD was prompted by reports of loose or missing nuts on the
pilot and co-pilot ventral seat belt attachment points. The FAA is
issuing this AD to address this condition, which could lead to
detachment of the seat belt at a critical phase of flight such as
landing or, in the case of turbulence or emergency landing,
resulting in the flight crew becoming unrestrained from their seat,
causing injury to the flight crew and/or subsequent loss of control
of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0168R1.
(h) Exceptions to EASA AD EASA AD 2020-0168R1
(1) Where EASA AD 2020-0168R1 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (2) of EASA AD 2020-0168R1 specifies actions
if, ``deficiencies (as defined in the applicable inspection SB) are
found on,'' for this AD deficiencies are defined as any missing nuts
or any axial end play on any bolt assemblies (loose nuts).
(3) Paragraph (4) of EASA AD 2020-0168R1 provides credit for
``accomplishment of a `C' check (as per Dassault definition).'' For
this AD, that credit is allowed provided it can be conclusively
determined that each affected part was inspected as specified in
that `C' check.
(4) The ``Remarks'' section of EASA AD 2020-0168R1 does not
apply to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2020-
0168R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) 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 (k) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, 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.
(k) Related Information
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; telephone
and fax 206-231-3226; email [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2020-0168R1,
dated July 29, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020-0168R1, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +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.
(4) 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-2020-0777.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
[[Page 52257]]
Issued on August 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-18488 Filed 8-24-20; 8:45 am]
BILLING CODE 4910-13-P
