Airworthiness Directives; Dassault Aviation Airplanes, 69144-69147 [2020-24156]
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Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Rules and Regulations
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 2020–0116 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 2020–0116 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2020–0116, 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 2020–0116 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2020–0116 does not apply to this AD.
(k) New Provisions for Alternative Actions
and Intervals
After the maintenance or inspection
program has been revised as required by
paragraph (i) of this AD, no alternative
actions (e.g., inspections) and intervals are
allowed unless they are approved as
specified in the provisions of the ‘‘Ref.
Publications’’ section of EASA AD 2020–
0116.
(l) Terminating Actions for Certain Actions
in AD 2010–26–05
Accomplishing the actions required by
paragraph (g) or (i) of this AD terminates the
requirements of paragraph (g)(1) of AD 2010–
26–05, for Dassault Aviation Model FALCON
900EX airplanes, serial numbers 1 through 96
inclusive, and serial numbers 98 through 119
inclusive.
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(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) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(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.
fax 206–231–3226; email tom.rodriguez@
faa.gov.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on December 7, 2020.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0116, dated May 20, 2020.
(ii) [Reserved]
(4) The following service information was
approved for IBR on January 24, 2020 (84 FR
69997, December 20, 2019).
(i) Chapter 5–40, Airworthiness
Limitations, Revision 16, dated September
2018, of the Dassault FALCON 900EX
Maintenance Manual.
(ii) [Reserved]
(5) For EASA AD 2020–0116, contact the
EASA, Konrad-Adenauer-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.
(6) For Dassault service information
identified in this AD, contact Dassault Falcon
Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606;
telephone 201–440–6700; internet https://
www.dassaultfalcon.com.
(7) 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–2020–0678.
(8) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on October 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–24098 Filed 10–30–20; 8:45 am]
BILLING CODE 4910–13–P
(n) 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
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0677; Product
Identifier 2020–NM–099–AD; Amendment
39–21293; AD 2020–21–20]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2019–23–
03, which applied to certain Dassault
Aviation Model FALCON 900EX
airplanes. AD 2019–23–03 required
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
maintenance requirements and/or
airworthiness limitations. This AD
continues to require those maintenance
or inspection program revisions, and
also requires revising the existing
maintenance or inspection program, as
applicable, to incorporate additional
new or more restrictive airworthiness
limitations; as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective December 7,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 7, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of January 13, 2020 (84 FR
67171, December 9, 2019).
ADDRESSES: For the EASA material
incorporated by reference (IBR) in this
AD, 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
IBR material on the EASA website at
https://ad.easa.europa.eu.
For the Dassault service information
identified in this AD, contact Dassault
Falcon Jet Corporation, Teterboro
Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone 201–
SUMMARY:
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Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Rules and Regulations
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–
0677.
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–
0677; 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 address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer, 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.
SUPPLEMENTARY INFORMATION:
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Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0117, dated May 20, 2020 (‘‘EASA
AD 2020–0117’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for certain Dassault
Aviation Model FALCON 900EX
airplanes. EASA AD 2020–0117
superseded EASA AD 2019–0134
(which corresponds to FAA AD 2019–
23–03, Amendment 39–19796 (84 FR
67171, December 9, 2019) (‘‘AD 2019–
23–03’’)). Airplanes with an original
airworthiness certificate or original
export certificate of airworthiness
issued after October 2, 2019 must
comply with the airworthiness
limitations specified as part of the
approved type design and referenced on
the type certificate data sheet; this AD
therefore does not include those
airplanes in the applicability.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2019–23–03.
AD 2019–23–03 applied to certain
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Dassault Aviation Model FALCON
900EX airplanes. The NPRM published
in the Federal Register on August 3,
2020 (85 FR 46560). The NPRM was
prompted by a determination that new
or more restrictive airworthiness
limitations are necessary. The NPRM
proposed to continue to require the
maintenance or inspection program
revisions required by AD 2019–23–03,
and also proposed to require revising
the existing maintenance or inspection
program, as applicable, to incorporate
additional new or more restrictive
airworthiness limitations, as specified
in an EASA AD.
The FAA is issuing this AD to
address, among other things, fatigue
cracking and damage in principal
structural elements; such fatigue
cracking and damage could result in
reduced structural integrity of the
airplane. See the MCAI for additional
background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA received no
comments on the NPRM or on the
determination of the cost to the public.
Explanation of Change to Paragraph (g)
of This AD
The FAA has revised paragraph (g) of
this AD to clarify that it applies only to
airplanes with an original airworthiness
certificate or original export certificate
of airworthiness issued on or before
September 1, 2018. This information
was inadvertently left out of the
proposed AD. Paragraph (g) of this AD
is a retained action from AD 2019–23–
03, and this clarification limits the
applicability of the retained action to
match that in AD 2019–23–03.
Conclusion
The FAA reviewed the relevant data
and determined that air safety and the
public interest require adopting this
final rule with the change described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
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69145
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0117 describes
procedures for maintenance tasks and
airworthiness limitations.
This AD also requires Chapter 5–40,
Airworthiness Limitations, Revision 11,
dated September 2018, of the Dassault
Falcon 900EX EASy, Falcon 900LX, and
Falcon 900DX Maintenance Manual,
which the Director of the Federal
Register approved for incorporation by
reference as of January 13, 2020 (84 FR
67171, 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.
Costs of Compliance
The FAA estimates that this AD
affects 97 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
The FAA estimates the total cost per
operator for the retained actions from
AD 2019–23–03 to be $7,650 (90 workhours × $85 per work-hour).
The FAA has determined that revising
the maintenance or inspection program
takes an average of 90 work-hours per
operator, although the FAA recognizes
that this number may vary from operator
to operator. In the past, the FAA has
estimated that this action takes 1 workhour 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. Therefore,
the FAA estimates the total cost per
operator for the new actions to be
$7,650 (90 work-hours × $85 per workhour).
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
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69146
Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Rules and Regulations
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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) 2019–23–03, Amendment 39–
19796 (84 FR 67171, December 9, 2019),
and
■ b. Adding the following new AD:
■
■
2020–21–20 Dassault Aviation:
Amendment 39–21293; Docket No.
FAA–2020–0677; Product Identifier
2020–NM–099–AD.
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(a) Effective Date
This AD is effective December 7, 2020.
(b) Affected ADs
(1) This AD replaces AD 2019–23–03,
Amendment 39–19796 (84 FR 67171,
December 9, 2019) (‘‘AD 2019–23–03’’).
(2) This AD affects AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010) (‘‘AD 2010–26–05’’).
(c) Applicability
This AD applies to Dassault Aviation
Model FALCON 900EX airplanes, serial
number (S/N) 97 and S/Ns 120 and higher,
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certificated in any category, with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before October 2, 2019.
(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, among other things,
fatigue cracking and damage in principal
structural elements; such fatigue cracking
and damage could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Maintenance or Inspection
Program Revision, With No Changes
This paragraph restates the requirements of
paragraph (i) of AD 2019–23–03, with no
changes. For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before September 1, 2018: Within 90 days
after January 13, 2020 (the effective date of
AD 2019–23–03), revise the existing
maintenance or inspection program, as
applicable, to incorporate the information
specified in Chapter 5–40, Airworthiness
Limitations, Revision 11, dated September
2018, of the Dassault Falcon 900EX EASy,
Falcon 900LX, and Falcon 900DX
Maintenance Manual. The initial compliance
times for accomplishing the actions are at the
times specified in Chapter 5–40,
Airworthiness Limitations, Revision 11,
dated September 2018, of the Dassault Falcon
900EX EASy, Falcon 900LX, and Falcon
900DX Maintenance Manual, or 90 days after
the effective date of this AD, whichever
occurs later, except as provided by
paragraphs (g)(1) through (4) of this AD.
Accomplishing the maintenance or
inspection program revision required by
paragraph (i) of this AD terminates the
requirements of this paragraph.
(1) The term ‘‘LDG’’ in the ‘‘First
Inspection’’ column of any table in the
service information means total airplane
landings.
(2) The term ‘‘FH’’ in the ‘‘First Inspection’’
column of any table in the service
information means total flight hours.
(3) The term ‘‘FC’’ in the ‘‘First Inspection’’
column of any table in the service
information means total flight cycles.
(4) The term ‘‘M’’ in the ‘‘First Inspection’’
column of any table in the service
information means months since the date of
issuance of the original airworthiness
certificate or the date of issuance of the
original export certificate of airworthiness.
(h) Retained Restrictions on Alternative
Actions and Intervals, With a New Exception
This paragraph restates the requirements of
paragraph (j) of AD 2019–23–03, with a new
exception. Except as required by paragraph
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(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 and
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
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2020–0117, dated
May 20, 2020 (‘‘EASA AD 2020–0117’’).
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 2020–0117
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2020–
0117 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020–0117
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 2020–0117 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 2020–0117 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2020–0117, 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 2020–0117 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2020–0117 does not apply to this AD.
(k) New Provisions for Alternative Actions
and Intervals
After the maintenance or inspection
program has been revised as required by
paragraph (i) of this AD, no alternative
actions (e.g., inspections) and intervals are
allowed unless they are approved as
specified in the provisions of the ‘‘Ref.
Publications’’ section of EASA AD 2020–
0117.
(l) Terminating Actions for Certain Actions
in AD 2010–26–05
Accomplishing the actions required by
paragraph (g) or (i) of this AD terminates the
requirements of paragraph (g)(1) of AD 2010–
26–05, for Dassault Aviation Model FALCON
900EX airplanes, 900EX airplanes, S/N 97
and S/Ns 120 and higher.
(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
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Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Rules and Regulations
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) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(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.
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(n) 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.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on December 7, 2020.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0117, dated May 20, 2020.
(ii) [Reserved]
(4) The following service information was
approved for IBR on January 13, 2020 (84 FR
67171, December 9, 2019).
(i) Chapter 5–40, Airworthiness
Limitations, Revision 11, dated September
2018, of the Dassault Falcon 900EX EASy,
Falcon 900LX, and Falcon 900DX
Maintenance Manual.
(ii) [Reserved]
(5) For EASA AD 2020–0117, contact the
EASA, Konrad-Adenauer-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.
(6) For Dassault service information
identified in this AD, contact Dassault Falcon
Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606;
telephone 201–440–6700; internet https://
www.dassaultfalcon.com.
(7) 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–2020–0677.
(8) You may view this material that is
incorporated by reference at the National
VerDate Sep<11>2014
17:00 Oct 30, 2020
Jkt 253001
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on October 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–24156 Filed 10–30–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2020–0763; Airspace
Docket No. 20–ASO–22]
RIN 2120–AA66
Amendment of Class E Airspace;
Montezuma, GA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Class E
airspace extending upward from 700
feet above the surface in Montezuma,
GA, due to the decommissioning of the
Montezuma non-directional beacon
(NDB) and cancellation of the associated
approach at Dr. CP Savage Sr. Airport.
This action also updates the geographic
coordinates of the airport. Controlled
airspace is necessary for the safety and
management of instrument flight rules
(IFR) operations in the area.
DATES: Effective 0901 UTC, December
31, 2020. The Director of the Federal
Register approves this incorporation by
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
ADDRESSES: FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; Telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
SUMMARY:
PO 00000
Frm 00029
Fmt 4700
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69147
John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Ave.,
College Park, GA 30337; Telephone
(404) 305–6364.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends
Class E airspace at Dr. CP Savage Sr.
Airport, Montezuma, GA, to support IFR
operations in the area.
History
The FAA published a notice of prosed
rulemaking in the Federal Register (85
FR 53309, August 28, 2020) for Docket
No. FAA–2020–0763 to amend Class E
airspace extending upward from 700
feet above the surface at Dr. CP Savage
Sr. Airport, Montezuma, GA, by
eliminating the Montezuma NDB and
the associated extension, and increasing
the radius of the airport from 6.3 miles
to 6.9 miles. In addition, the FAA
proposed to update the geographic
coordinates of the airport to coincide
with the FAA’s aeronautical database.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
pertaining to the proposal were
received.
Class E airspace designations are
published in Paragraph 6005, of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020,
and effective September 15, 2020. FAA
Order 7400.11E is publicly available as
listed in the ADDRESSES section of this
E:\FR\FM\02NOR1.SGM
02NOR1
]]>Agencies
[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Rules and Regulations]
[Pages 69144-69147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24156]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0677; Product Identifier 2020-NM-099-AD; Amendment
39-21293; AD 2020-21-20]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-23-
03, which applied to certain Dassault Aviation Model FALCON 900EX
airplanes. AD 2019-23-03 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance requirements and/or airworthiness limitations.
This AD continues to require those maintenance or inspection program
revisions, and also requires revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations; as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective December 7, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 7,
2020.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 13, 2020 (84 FR 67171, December 9, 2019).
ADDRESSES: For the EASA 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.
For the Dassault service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone 201-
[[Page 69145]]
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-2020-0677.
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-
0677; 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
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
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 2020-0117, dated May 20, 2020
(``EASA AD 2020-0117'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Dassault Aviation Model FALCON 900EX airplanes.
EASA AD 2020-0117 superseded EASA AD 2019-0134 (which corresponds to
FAA AD 2019-23-03, Amendment 39-19796 (84 FR 67171, December 9, 2019)
(``AD 2019-23-03'')). Airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued
after October 2, 2019 must comply with the airworthiness limitations
specified as part of the approved type design and referenced on the
type certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-23-03. AD 2019-23-03 applied to
certain Dassault Aviation Model FALCON 900EX airplanes. The NPRM
published in the Federal Register on August 3, 2020 (85 FR 46560). The
NPRM was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to continue
to require the maintenance or inspection program revisions required by
AD 2019-23-03, and also proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations, as
specified in an EASA AD.
The FAA is issuing this AD to address, among other things, fatigue
cracking and damage in principal structural elements; such fatigue
cracking and damage could result in reduced structural integrity of the
airplane. See the MCAI for additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
Explanation of Change to Paragraph (g) of This AD
The FAA has revised paragraph (g) of this AD to clarify that it
applies only to airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
September 1, 2018. This information was inadvertently left out of the
proposed AD. Paragraph (g) of this AD is a retained action from AD
2019-23-03, and this clarification limits the applicability of the
retained action to match that in AD 2019-23-03.
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule with the
change described previously and minor editorial changes. The FAA has
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0117 describes procedures for maintenance tasks and
airworthiness limitations.
This AD also requires Chapter 5-40, Airworthiness Limitations,
Revision 11, dated September 2018, of the Dassault Falcon 900EX EASy,
Falcon 900LX, and Falcon 900DX Maintenance Manual, which the Director
of the Federal Register approved for incorporation by reference as of
January 13, 2020 (84 FR 67171, 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.
Costs of Compliance
The FAA estimates that this AD affects 97 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2019-23-03 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
FAA recognizes that this number may vary from operator to operator. In
the past, the FAA has estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, the FAA estimates the total cost per operator for the new
actions to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an
[[Page 69146]]
unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2019-23-03, Amendment 39-19796
(84 FR 67171, December 9, 2019), and
0
b. Adding the following new AD:
2020-21-20 Dassault Aviation: Amendment 39-21293; Docket No. FAA-
2020-0677; Product Identifier 2020-NM-099-AD.
(a) Effective Date
This AD is effective December 7, 2020.
(b) Affected ADs
(1) This AD replaces AD 2019-23-03, Amendment 39-19796 (84 FR
67171, December 9, 2019) (``AD 2019-23-03'').
(2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (``AD 2010-26-05'').
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 900EX
airplanes, serial number (S/N) 97 and S/Ns 120 and higher,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before October 2, 2019.
(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, among other things, fatigue cracking and
damage in principal structural elements; such fatigue cracking and
damage could result in reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance or Inspection Program Revision, With No
Changes
This paragraph restates the requirements of paragraph (i) of AD
2019-23-03, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before September 1, 2018: Within 90 days
after January 13, 2020 (the effective date of AD 2019-23-03), revise
the existing maintenance or inspection program, as applicable, to
incorporate the information specified in Chapter 5-40, Airworthiness
Limitations, Revision 11, dated September 2018, of the Dassault
Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance
Manual. The initial compliance times for accomplishing the actions
are at the times specified in Chapter 5-40, Airworthiness
Limitations, Revision 11, dated September 2018, of the Dassault
Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance
Manual, or 90 days after the effective date of this AD, whichever
occurs later, except as provided by paragraphs (g)(1) through (4) of
this AD. Accomplishing the maintenance or inspection program
revision required by paragraph (i) of this AD terminates the
requirements of this paragraph.
(1) The term ``LDG'' in the ``First Inspection'' column of any
table in the service information means total airplane landings.
(2) The term ``FH'' in the ``First Inspection'' column of any
table in the service information means total flight hours.
(3) The term ``FC'' in the ``First Inspection'' column of any
table in the service information means total flight cycles.
(4) The term ``M'' in the ``First Inspection'' column of any
table in the service information means months since the date of
issuance of the original airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.
(h) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (j) of AD
2019-23-03, 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 and 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 compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0117, dated May 20, 2020 (``EASA AD 2020-0117''). 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 2020-0117
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0117 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020-0117 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 2020-0117 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 2020-0117 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0117, 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 2020-0117 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2020-0117 does not apply
to this AD.
(k) New Provisions for Alternative Actions and Intervals
After the maintenance or inspection program has been revised as
required by paragraph (i) of this AD, no alternative actions (e.g.,
inspections) and intervals are allowed unless they are approved as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2020-0117.
(l) Terminating Actions for Certain Actions in AD 2010-26-05
Accomplishing the actions required by paragraph (g) or (i) of
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model FALCON 900EX airplanes, 900EX
airplanes, S/N 97 and S/Ns 120 and higher.
(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
[[Page 69147]]
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) of this
AD. Information may be emailed to: [email protected].
(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
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].
(o) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(3) The following service information was approved for IBR on
December 7, 2020.
(i) European Union Aviation Safety Agency (EASA) AD 2020-0117,
dated May 20, 2020.
(ii) [Reserved]
(4) The following service information was approved for IBR on
January 13, 2020 (84 FR 67171, December 9, 2019).
(i) Chapter 5-40, Airworthiness Limitations, Revision 11, dated
September 2018, of the Dassault Falcon 900EX EASy, Falcon 900LX, and
Falcon 900DX Maintenance Manual.
(ii) [Reserved]
(5) For EASA AD 2020-0117, 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.
(6) For Dassault service information identified in this AD,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone 201-440-6700; internet
https://www.dassaultfalcon.com.
(7) 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-2020-0677.
(8) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on October 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-24156 Filed 10-30-20; 8:45 am]
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