Airworthiness Directives; Dassault Aviation Airplanes, 78808-78811 [2020-26770]
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78808
Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Proposed Rules
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the
responsible Flight Standards 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, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or Airbus Canada Limited
Partnership’s TCCA Design Approval
Organization (DAO). If approved by the DAO,
the approval must include the DAOauthorized signature.
(j) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2020–25, dated July 16, 2020, for
related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2020–1110.
(2) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone:
516–228–7330; fax: 516–794–5531; email: 9avs-nyaco-cos@faa.gov.
(3) For service information identified in
this AD, contact Airbus Canada Limited
Partnership, 13100 Henri-Fabre Boulevard,
Mirabel, Que´bec, J7N 3C6, Canada; telephone
450–476–7676; email a220_crc@abc.airbus;
internet https://a220world.airbus.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.
Issued on December 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–26764 Filed 12–4–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1111; Product
Identifier MCAI–2020–01374–T]
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RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
SUMMARY:
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2018–24–03 which applies to all
Dassault Aviation Model Falcon 10
airplanes. AD 2018–24–03 requires
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
maintenance requirements and
airworthiness limitations. Since the
FAA issued AD 2018–24–03, the FAA
has determined that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
proposed for incorporation by reference.
The FAA is proposing this AD to
address the unsafe condition on these
products.
The FAA must receive comments
on this proposed AD by January 21,
2021.
DATES:
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.
For EASA material identified in this
proposed AD that will be incorporated
by reference (IBR), 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 IBR material on the EASA
website at https://ad.easa.europa.eu.
For Dassault Aviation service
information identified in this proposed
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. 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
ADDRESSES:
PO 00000
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and locating Docket No. FAA–2020–
1111.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating FAA–2020–1111; or in
person at Docket Operations between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226; email
tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2020–1111; Product
Identifier MCAI–2020–01374–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. The FAA
will consider all comments received by
the closing date and may amend this
NPRM based on those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
that are received, without change, to
https://www.regulations.gov, including
any personal information you provide.
The FAA will also post a report
summarizing each substantive verbal
contact the FAA receives about this
NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
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comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to 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. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Discussion
The FAA issued AD 2018–24–03,
Amendment 39–19507 (83 FR 61523,
November 30, 2018) (‘‘AD 2018–24–
03’’), for all Dassault Aviation Model
Falcon 10 airplanes. AD 2018–24–03
requires revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive maintenance requirements
and airworthiness limitations. The FAA
issued AD 2018–24–03 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.
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Actions Since AD 2018–24–03 Was
Issued
Since the FAA issued AD 2018–24–
03, the FAA has determined that new or
more restrictive airworthiness
limitations are necessary.
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0215, dated October 6, 2020
(EASA AD 2020–0215) (also referred to
as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Dassault Aviation Model Falcon
10 airplanes.
This proposed AD was prompted by
a determination that new or more
restrictive airworthiness limitations are
necessary. The FAA is proposing this
AD to address, 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.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0215 describes new
or more restrictive airworthiness
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limitations for airplane structures and
safe life limits.
This AD would also require Section
5–40–00, Airworthiness Limitations,
Revision 13, dated July 2017, of the
Dassault Falcon 10 Maintenance
Manual, which the Director of the
Federal Register approved for
incorporation by reference as of January
4, 2019 (83 FR 61523, November 30,
2018).
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is proposing this AD because the FAA
has evaluated all pertinent information
and determined an unsafe condition
exists and is likely to exist or develop
on other products of the same type
design.
Proposed AD Requirements
This proposed AD would retain the
requirements of AD 2018–24–03. This
proposed AD would also require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations, which are
specified in EASA AD 2020–0215
described previously, as incorporated by
reference. Any differences with EASA
AD 2020–0215 are identified as
exceptions in the regulatory text of this
AD.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (l)(1) of this proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
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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
2020–0215 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–0215
in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
the EASA AD does not mean that
operators need comply only with that
section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in the EASA AD.
Service information specified in
EASA AD 2020–0215 that is required for
compliance with EASA AD 2020–0215
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–1111 after the FAA final
rule is published.
Airworthiness Limitation ADs Using
the New Process
The FAA’s process of incorporating
by reference MCAI ADs as the primary
source of information for compliance
with corresponding FAA ADs has been
limited to certain MCAI ADs (primarily
those with service bulletins as the
primary source of information for
accomplishing the actions required by
the FAA AD). However, the FAA is now
expanding the process to include MCAI
ADs that require a change to
airworthiness limitation documents,
such as airworthiness limitation
sections.
For these ADs that incorporate by
reference an MCAI AD that changes
airworthiness limitations, the FAA
requirements are unchanged. Operators
must revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
the new airworthiness limitation
document. The airworthiness
limitations must be followed according
to 14 CFR 91.403(c) and 91.409(e).
The previous format of the
airworthiness limitation ADs included a
paragraph that specified that no
alternative actions (e.g., inspections) or
intervals may be used unless the actions
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and intervals are approved as an
alternative method of compliance
(AMOC) in accordance with the
procedures specified in the AMOCs
paragraph under ‘‘Other FAA
Provisions.’’ This new format includes a
‘‘New Provisions for Alternative Actions
and Intervals’’ paragraph that does not
specifically refer to AMOCs, but
operators may still request an AMOC to
use an alternative action or interval.
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Costs of Compliance
The FAA estimates that this proposed
AD affects 60 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
The FAA estimates the total cost per
operator for the retained actions from
AD 2019–07–01 to be $7,650 (90 workhours × $85 per work-hour).
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the agency
recognizes that this number may vary
from operator to operator. In the past,
the agency has estimated that this action
takes 1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. The FAA estimates the total
cost per operator for the new proposed
actions to be $7,650 (90 work-hours ×
$85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
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have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) AD 2018–24–03, Amendment 39–
19507 (83 FR 61523, November 30,
2018); and
■ b. Adding the following new AD:
■
■
Dassault Aviation: Docket No. FAA–2020–
1111; Product Identifier MCAI–2020–
01374–T.
(a) Comments Due Date
The FAA must receive comments by
January 21, 2021.
(b) Affected ADs
This AD replaces AD 2018–24–03,
Amendment 39–19507 (83 FR 61523,
November 30, 2018) (AD 2018–24–03).
(c) Applicability
This AD applies to all Dassault Aviation
Model Falcon 10 airplanes, certificated in
any category.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address, among other things,
fatigue cracking and damage in principal
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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 (g) of AD 2018–24–03, with no
changes. Within 90 days after January 4, 2019
(the effective date of AD 2018–24–03), revise
the existing maintenance or inspection
program, as applicable, to incorporate
Section 5–40–00, Airworthiness Limitations,
Revision 13, dated July 2017, of the Dassault
Falcon 10 Maintenance Manual (Section 5–
40–00). The initial compliance time for
accomplishing the actions is at the applicable
time specified in Section 5–40–00; or within
90 days after January 4, 2019; whichever
occurs later.
(h) Retained Restrictions on Alternative
Actions and Intervals With a New Exception
This paragraph restates the requirements of
paragraph (h) of AD 2018–24–03, with a new
exception. Except as required by paragraph
(i) of this AD, after the maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions or
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (l)(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 2020–0215, dated
October 6, 2020 (EASA AD 2020–0215).
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 2020–0215
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2020–
0215 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020–0215
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 2020–0215 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 2020–0215 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2020–0215, or
within 90 days after the effective date of this
AD, whichever occurs later.
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(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2020–0215 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2020–0215 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) or intervals are
allowed unless they are approved as
specified in the provisions of the ‘‘Ref.
Publications’’ section of EASA AD 2020–
0215.
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(l) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, 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 (m)(4) 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.
(m) Related Information
(1) For EASA AD 2020–0215, 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.
(2) For Dassault Aviation 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.
(3) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195. This material may be found
in the AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2020–1111.
(4) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International
VerDate Sep<11>2014
17:11 Dec 04, 2020
Jkt 253001
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3226; email tom.rodriguez@
faa.gov.
Issued on December 1, 2020.
Lance T. Gant,
Director,Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–26770 Filed 12–4–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2020–1014; Airspace
Docket No. 20–ASW–7]
RIN 2120–AA66
Proposed Amendment of Class D and
E Airspace; Farmington, NM
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
modify Class D airspace at Four Corners
Regional Airport. This action also
proposes to modify the Class E airspace
designated as a surface area to match the
modified Class D dimensions.
Additionally, this action proposes to
modify the Class E airspace, extending
upward from 700 feet above the surface.
Further, this action proposes to remove
the Class E airspace, extending upward
from 1,200 feet above the surface. This
action also proposed to remove the Four
Corners Regional ILS Localizer and the
Farmington VORTAC from the legal
descriptions’ text headers and airspace
descriptions. Lastly, this action
proposes several administrative
corrections to the airspace legal
descriptions. This action would ensure
the safety and management of
instrument flight rules (IFR) operations
at the airport.
DATES: Comments must be received on
or before January 21, 2021.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590; telephone: 1–
800–647–5527, or (202) 366–9826. You
must identify FAA Docket No. FAA–
2020–1014; Airspace Docket No. 20–
ASW–7, at the beginning of your
comments. You may also submit
comments through the internet at
https://www.regulations.gov.
FAA Order 7400.11E, Airspace
Designations and Reporting Points, and
SUMMARY:
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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.
FOR FURTHER INFORMATION CONTACT:
Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198;
telephone (206) 231–3695.
SUPPLEMENTARY INFORMATION:
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 would
amend the Class D and Class E airspace
at Four Corners Regional Airport,
Farmington, NM, to support IFR
operations at the airport.
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Persons wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
E:\FR\FM\07DEP1.SGM
07DEP1
]]>Agencies
[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Proposed Rules]
[Pages 78808-78811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26770]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1111; Product Identifier MCAI-2020-01374-T]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2018-24-03 which applies to all Dassault Aviation Model Falcon 10
airplanes. AD 2018-24-03 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance requirements and airworthiness limitations.
Since the FAA issued AD 2018-24-03, the FAA has determined that new or
more restrictive airworthiness limitations are necessary. This proposed
AD would require revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference. The FAA is proposing this AD to address the unsafe condition
on these products.
DATES: The FAA must receive comments on this proposed AD by January 21,
2021.
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.
For EASA material identified in this proposed AD that will be
incorporated by reference (IBR), 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 Dassault Aviation service information identified in this
proposed 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. 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-
1111.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating FAA-2020-1111; or in
person at Docket Operations between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this NPRM, any
comments received, and other information. The street address for Docket
Operations is listed above. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226;
email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-1111;
Product Identifier MCAI-2020-01374-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. The FAA will consider all comments received by the
closing date and may amend this NPRM based on those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments that are received, without
change, to https://www.regulations.gov, including any personal
information you provide. The FAA will also post a report summarizing
each substantive verbal contact the FAA receives about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
[[Page 78809]]
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to 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]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Discussion
The FAA issued AD 2018-24-03, Amendment 39-19507 (83 FR 61523,
November 30, 2018) (``AD 2018-24-03''), for all Dassault Aviation Model
Falcon 10 airplanes. AD 2018-24-03 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and airworthiness
limitations. The FAA issued AD 2018-24-03 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.
Actions Since AD 2018-24-03 Was Issued
Since the FAA issued AD 2018-24-03, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0215, dated October 6, 2020
(EASA AD 2020-0215) (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Dassault Aviation Model Falcon 10 airplanes.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address, 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.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0215 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD would also require Section 5-40-00, Airworthiness
Limitations, Revision 13, dated July 2017, of the Dassault Falcon 10
Maintenance Manual, which the Director of the Federal Register approved
for incorporation by reference as of January 4, 2019 (83 FR 61523,
November 30, 2018).
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA has evaluated all pertinent information and determined
an unsafe condition exists and is likely to exist or develop on other
products of the same type design.
Proposed AD Requirements
This proposed AD would retain the requirements of AD 2018-24-03.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2020-0215 described previously, as incorporated by reference. Any
differences with EASA AD 2020-0215 are identified as exceptions in the
regulatory text of this AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(l)(1) of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0215
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0215 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD.
Service information specified in EASA AD 2020-0215 that is required
for compliance with EASA AD 2020-0215 will be available on the internet
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-1111 after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions
[[Page 78810]]
and intervals are approved as an alternative method of compliance
(AMOC) in accordance with the procedures specified in the AMOCs
paragraph under ``Other FAA Provisions.'' This new format includes a
``New Provisions for Alternative Actions and Intervals'' paragraph that
does not specifically refer to AMOCs, but operators may still request
an AMOC to use an alternative action or interval.
Costs of Compliance
The FAA estimates that this proposed AD affects 60 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2019-07-01 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the agency has estimated that this action
takes 1 work-hour per airplane. Since operators incorporate maintenance
or inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. The FAA estimates the total cost per operator for
the new proposed actions to be $7,650 (90 work-hours x $85 per work-
hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) AD 2018-24-03, Amendment 39-
19507 (83 FR 61523, November 30, 2018); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2020-1111; Product Identifier
MCAI-2020-01374-T.
(a) Comments Due Date
The FAA must receive comments by January 21, 2021.
(b) Affected ADs
This AD replaces AD 2018-24-03, Amendment 39-19507 (83 FR 61523,
November 30, 2018) (AD 2018-24-03).
(c) Applicability
This AD applies to all Dassault Aviation Model Falcon 10
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address, 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 (g) of AD
2018-24-03, with no changes. Within 90 days after January 4, 2019
(the effective date of AD 2018-24-03), revise the existing
maintenance or inspection program, as applicable, to incorporate
Section 5-40-00, Airworthiness Limitations, Revision 13, dated July
2017, of the Dassault Falcon 10 Maintenance Manual (Section 5-40-
00). The initial compliance time for accomplishing the actions is at
the applicable time specified in Section 5-40-00; or within 90 days
after January 4, 2019; whichever occurs later.
(h) Retained Restrictions on Alternative Actions and Intervals With a
New Exception
This paragraph restates the requirements of paragraph (h) of AD
2018-24-03, with a new exception. Except as required by paragraph
(i) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (l)(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
2020-0215, dated October 6, 2020 (EASA AD 2020-0215). 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 2020-0215
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0215 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020-0215 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 2020-0215 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 2020-0215 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0215, or
within 90 days after the effective date of this AD, whichever occurs
later.
[[Page 78811]]
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0215 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2020-0215 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) or intervals are allowed unless they are approved as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2020-0215.
(l) 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 (m)(4) 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.
(m) Related Information
(1) For EASA AD 2020-0215, 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.
(2) For Dassault Aviation 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.
(3) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-1111.
(4) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3226; email [email protected].
Issued on December 1, 2020.
Lance T. Gant,
Director,Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-26770 Filed 12-4-20; 8:45 am]
BILLING CODE 4910-13-P
