Airworthiness Directives; Dassault Aviation Airplanes, 11116-11119 [2021-03603]
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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
(h) Terminating Action
As a terminating action to the requirements
of paragraph (g) of this AD, perform the
following:
(1) Do a protrusion check at all eight bolt
locations using paragraph 3.C.(3) of the SB.
(2) Do a pull-out test at all eight bolt
locations using paragraph 3.C.(4) of the SB.
(3) If the inserts on the HMU/MEC idler
adapter fail the protrusion check or pull-out
test required by paragraph (h)(1) or (2) of this
AD, replace the inserts using paragraph
3.C.(5) of the SB. After replacement of the
inserts is accomplished, the requirements of
this AD have been met and no further action
is required.
(4) If the inserts on the HMU/MEC idler
adapter pass both the protrusion check and
the pull-out test required by paragraphs (h)(1)
and (2) of this AD, the requirements of this
AD have been met and no further action is
required.
(i) Credit for Previous Actions
(1) You may take credit for any shim check
of the HMU/MEC idler adapter required by
paragraph (g) of this AD if you performed this
shim check before the effective date of this
AD using GE CF6–80C2 SB 72–1577 R00,
dated October 31, 2018.
(2) You may take credit for the terminating
action required by paragraph (h) of this AD
if you performed this action before the
effective date of this AD using GE CF6–80C2
SB 72–1577 R00, dated October 31, 2018.
(j) Definition
For the purpose of this AD, an ‘‘engine
shop visit’’ is the induction of an engine into
the shop for maintenance involving the
separation of pairs of major mating engine
case flanges, except separation of engine
flanges solely for the purposes of
transportation of the engine without
subsequent maintenance, which does not
constitute an engine shop visit.
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(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO 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 manager of the certification office,
send it to the attention of the person
identified in Related Information. You may
email your request to: ANE-AD-AMOC@
faa.gov.
(2) 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.
(l) Related Information
For more information about this AD,
contact Kevin M. Clark, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7088; fax: (781) 238–7199; email:
kevin.m.clark@faa.gov.
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(m) 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 the AD specifies otherwise.
(i) General Electric Company (GE) CF6–
80C2 Service Bulletin 72–1577 R01, dated
August 16, 2019.
(ii) [Reserved]
(3) For GE service information identified in
this AD, contact General Electric Company,
1 Neumann Way, Cincinnati, OH 45215;
phone: (513) 552–3272; email:
aviation.fleetsupport@ge.com.
(4) You may view this service information
at FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–7759.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fedreg.legal@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on January 21, 2021.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–03606 Filed 2–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0980; Product
Identifier 2020–NM–094–AD; Amendment
39–21414; AD 2021–03–11]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2020–02–
21, which applied to all Dassault
Aviation Model FALCON 2000
airplanes. AD 2020–02–21 required
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. This AD
requires revising the existing
maintenance or inspection program, as
applicable to incorporate new or more
SUMMARY:
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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 March 31,
2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of March 31, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of March 18, 2020 (85 FR
7860, February 12, 2020).
ADDRESSES: For 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 Dassault
Aviation service information identified
in this final rule, contact Dassault
Falcon Jet Corporation, Teterboro
Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone 201–
440–6700; internet https://
www.dassaultfalcon.com. You may
view this 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–
0980.
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–
0980; 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
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216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226; email
tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0113, dated May 20, 2020 (EASA
AD 2020–0113) (also referred to as the
Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an
unsafe condition for all Dassault
Aviation Model FALCON 2000
airplanes.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2020–02–21,
Amendment 39–19833 (85 FR 7860,
February 12, 2020) (AD 2020–02–21).
AD 2020–02–21 applied to all Dassault
Aviation Model FALCON 2000
airplanes. The NPRM published in the
Federal Register on November 3, 2020
(85 FR 69519). The NPRM was
prompted by a determination that new
or more restrictive airworthiness
limitations are necessary. The NPRM
proposed to require revising the existing
maintenance or inspection program, as
applicable to incorporate new or more
restrictive airworthiness limitations, as
specified in EASA AD 2020–0113. The
FAA is issuing this AD to address
reduced controllability 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.
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Conclusion
The FAA reviewed the relevant data
and determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. The FAA 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.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0113 describes new
or more restrictive airworthiness
limitations for airplane structures and
safe life limits.
This AD also requires Chapter 5–40,
Airworthiness Limitations, Revision 20,
dated November 2018, of the Dassault
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Aviation Falcon 2000 Maintenance
Manual, which the Director of the
Federal Register approved for
incorporation by reference as of March
18, 2020 (85 FR 7860, February 12,
2020).
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 168 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 2020–02–21 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. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate.
The FAA estimates the total cost per
operator for the new actions to be
$7,650 (90 work-hours × $85 per 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
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
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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) 2020–02–21, Amendment 39–
19833 (85 FR 7860, February 12, 2020),
and
■ b. Adding the following new AD:
■
■
2021–03–11 Dassault Aviation:
Amendment 39–21414; Docket No.
FAA–2020–0980; Product Identifier
2020–NM–094–AD.
(a) Effective Date
This airworthiness directive (AD) is
effective March 31, 2021.
(b) Affected ADs
(1) This AD replaces AD 2020–02–21,
Amendment 39–19833 (85 FR 7860, February
12, 2020) (AD 2020–02–21).
(2) This AD affects AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010) (AD 2010–26–05).
(c) Applicability
This AD applies to all Dassault Aviation
Model FALCON 2000 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
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this AD to address reduced controllability of
the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Retained New Maintenance or Inspection
Program Revision With No Changes
This paragraph restates the requirements of
paragraph (i) of AD 2020–02–21, with no
changes. Within 90 days after March 18, 2020
(the effective date of AD 2020–02–21), revise
the existing maintenance or inspection
program, as applicable, to incorporate the
information specified in Chapter 5–40,
Airworthiness Limitations, Revision 20,
dated November 2018, of the Dassault
Aviation Falcon 2000 Maintenance Manual.
The initial compliance time for doing the
tasks is at the time specified in Chapter 5–
40, Airworthiness Limitations, Revision 20,
dated November 2018, of the Dassault
Aviation Falcon 2000 Maintenance Manual,
or within 90 days after March 18, 2020,
whichever occurs later, except as required by
paragraphs (g)(1) through (3) of this AD. The
term ‘‘LDG’’ in the ‘‘First Inspection’’ column
of any table in the service information
specified in this paragraph means total
airplane landings. The term ‘‘FH’’ in the
‘‘First Inspection’’ column of any table in the
service information specified in this
paragraph means total flight hours. The term
‘‘FC’’ in the ‘‘First Inspection’’ column of any
table in the service information specified in
this paragraph means total flight cycles. The
term ‘‘M’’ in the ‘‘First Inspection’’ column
of any table in the service information
specified in this paragraph means months
since date of issuance of the original
airworthiness certificate or original export
certificate of airworthiness.
(1) For Task 30–11–09–350–801 identified
in the service information specified in the
introductory text of paragraph (g) of this AD,
the initial compliance time is the later of the
times specified in paragraphs (g)(1)(i) and (ii)
of this AD.
(i) At the earlier of the times specified in
paragraphs (g)(1)(i)(A) and (B) of this AD.
(A) Prior to the accumulation of 2,400 total
flight hours or 2,000 total flight cycles,
whichever occurs first.
(B) Within 2,400 flight hours or 2,000 flight
cycles after April 7, 2014 (the effective date
of AD 2014–03–12, Amendment 39–17749
(79 FR 11693, March 3, 2014) (AD 2014–03–
12)), whichever occurs first.
(ii) Within 30 days after April 7, 2014 (the
effective date of AD 2014–03–12).
(2) For Task 52–20–00–610–801–01
identified in the service information
specified in the introductory text of
paragraph (g) of this AD, the initial
compliance time is within 24 months after
April 7, 2014 (the effective date of AD 2014–
03–12).
(3) The limited service life of part number
F2MA721512100 is 3,750 total flight cycles
on the part or 6 years since the
manufacturing date of the part, whichever
occurs first.
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(h) Retained No Alternative Actions or
Intervals With a New Exception
This paragraph restates the requirements of
paragraph (j) of AD 2020–02–21, with a new
exception. Except as required by paragraph
(i) of this AD, after the existing maintenance
or inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions or
intervals are approved as an AMOC in
accordance with the procedures specified in
paragraph (m)(1) of this AD.
(i) New Maintenance or Inspection Program
Revision
Except as specified in paragraph (j) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2020–0113, dated
May 20, 2020 (EASA AD 2020–0113).
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 2020–0113
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2020–
0113 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020–0113
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 2020–0113 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 2020–0113 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2020–0113, 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 2020–0113 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2020–0113 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–
0113.
(l) Terminating Action 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) of AD 2010–
26–05 for Model FALCON 2000 airplanes
only.
(m) Other FAA AD Provisions
The following provisions also apply to this
AD:
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(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.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards District
Office.
(ii) AMOCs approved previously for AD
2020–02–21 are approved as AMOCs for the
corresponding provisions of EASA AD 2020–
0113 that are required by paragraph (i) of this
AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Dassault Aviation’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(n) Related Information
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 March 31, 2021.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0113, dated May 20, 2020.
(ii) [Reserved]
(4) The following service information was
approved for IBR on March 18, 2020 (85 FR
7860, February 12, 2020).
(i) Chapter 5–40, Airworthiness
Limitations, Revision 20, dated November
2018, of the Dassault Aviation Falcon 2000
Maintenance Manual.
(ii) [Reserved]
(5) For EASA AD 2020–0113, 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. For information about
Dassault Aviation material, contact Dassault
Falcon Jet Corporation, Teterboro Airport,
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P.O. Box 2000, South Hackensack, NJ 07606;
telephone 201–440–6700; internet https://
www.dassaultfalcon.com.
(6) 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–2020–0980.
(7) 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 January 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–03603 Filed 2–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1915 and 1926
RIN 1218–AD29
Occupational Exposure to Beryllium
and Beryllium Compounds in
Construction and Shipyard Sectors;
Correction
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Final rule; correction and
correcting amendment.
AGENCY:
OSHA is making minor
changes to the final rule published on
August 31, 2020, titled Occupational
Exposure to Beryllium and Beryllium
Compounds in Construction and
Shipyard Sectors, to correct inadvertent
errors in the published rule.
DATES: Effective February 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger,
Director, OSHA Office of
Communications; telephone: (202) 693–
1999; email: meilinger.francis2@dol.gov.
General and technical information:
Maureen Ruskin, Acting Director, OSHA
Directorate of Standards and Guidance;
telephone: (202) 693–1955; email:
ruskin.maureen@dol.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Summary and Explanation
On August 31, 2020, OSHA published
a final rule revising the standards for
occupational exposure to beryllium and
beryllium compounds in the
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construction and shipyard sectors (85
FR 53910). The document inadvertently
failed to revise paragraph (k)(7)(ii) of
both standards in the Code of Federal
Regulations (CFR), as the final rule
purported to do. The document also
failed to include the correct language for
these revised provisions in two tables in
the Economic Feasibility Analysis and
Regulatory Flexibility Certification
section of the preamble. OSHA is
publishing this document to correct
these errors.
II. Exemption From Notice-andComment Procedures
OSHA has determined that these
corrections are not subject to the
procedures for public notice and
comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C.
553) or Section 6(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
655(b)). This rulemaking only corrects
minor errors and does not affect or
change any existing rights or
obligations. No stakeholder is likely to
object to these corrections. Therefore,
the agency finds good cause that public
notice and comment are unnecessary
within the meaning of 5 U.S.C.
553(b)(3)(B), 29 U.S.C. 655(b), and 29
CFR 1911.5.
Preamble Corrections
In FR Doc. 2020–18017 appearing on
page 53910 in the Federal Register of
August 31, 2020 (85 FR 53910), make
the following corrections in the
Economic Feasibility Analysis and
Regulatory Flexibility Certification
section of the preamble.
1. On page 53991, in the third
column, in Table VI.1, the sixth
paragraph is corrected to read as
follows:
‘‘Added a new requirement in
paragraph (k)(7)(ii) that the employer
must ensure that, as part of the
evaluation, the employee is offered any
tests deemed appropriate by the
examining physician at the CBD
diagnostic center, such as pulmonary
function testing (as outlined by the
American Thoracic Society criteria),
bronchoalveolar lavage (BAL), and
transbronchial biopsy. If any of the tests
deemed appropriate by the examining
physician are not available at the CBD
diagnostic center, they may be
performed at another location that is
mutually agreed upon by the employer
and the employee.’’
2. On page 53994, in the third
column, in Table VI.2, the first
paragraph is corrected to read as
follows:
‘‘Added a new requirement in
paragraph (k)(7)(ii) that the employer
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
11119
must ensure that, as part of the
evaluation, the employee is offered any
tests deemed appropriate by the
examining physician at the CBD
diagnostic center, such as pulmonary
function testing (as outlined by the
American Thoracic Society criteria),
bronchoalveolar lavage (BAL), and
transbronchial biopsy. If any of the tests
deemed appropriate by the examining
physician are not available at the CBD
diagnostic center, they may be
performed at another location that is
mutually agreed upon by the employer
and the employee.’’
List of Subjects
29 CFR Part 1915
Beryllium, Health, Occupational
Safety and Health, Shipyards.
29 CFR Part 1926
Beryllium, Construction, Health,
Occupational Safety and Health.
Authority and Signature
Amanda L. Edens, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, directed the preparation of this
notice pursuant to 29 U.S.C. 653, 655,
and 657, Secretary of Labor’s Order 8–
2020 (85 FR 58393; Sept. 18, 2020), and
29 CFR part 1911.
Signed at Washington, DC, on February 4,
2021.
Amanda L. Edens
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
For reasons stated in the preamble,
the Occupational Safety and Health
Administration corrects 29 CFR parts
1915 and 1926 with the following
correcting amendments:
PART 1915—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS FOR
SHIPYARD EMPLOYMENT
1. The authority citation for part 1915
continues to read as follows:
■
Authority: 33 U.S.C. 941; 29 U.S.C. 653,
655, 657; Secretary of Labor’s Order No. 12–
71 (36 FR 8754); 8–76 (41 FR 25059), 9–83
(48 FR 35736), 1–90 (55 FR 9033), 6–96 (62
FR 111), 3–2000 (65 FR 50017), 5–2002 (67
FR 65008), 5–2007 (72 FR 31160), 4–2010 (75
FR 55355), or 1–2012 (77 FR 3912); 29 CFR
part 1911; and 5 U.S.C. 553, as applicable.
2. In § 1915.1024, revise paragraph
(k)(7)(ii) to read as follows:
■
§ 1915.1024
*
Beryllium.
*
*
*
*
(k) * * *
(7) * * *
(ii) The employer must ensure that, as
part of the evaluation, the employee is
offered any tests deemed appropriate by
E:\FR\FM\24FER1.SGM
24FER1
]]>Agencies
[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Rules and Regulations]
[Pages 11116-11119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03603]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0980; Product Identifier 2020-NM-094-AD; Amendment
39-21414; AD 2021-03-11]
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) 2020-02-
21, which applied to all Dassault Aviation Model FALCON 2000 airplanes.
AD 2020-02-21 required revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations. This AD requires 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 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 March 31, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 31,
2021.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of March
18, 2020 (85 FR 7860, February 12, 2020).
ADDRESSES: For 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 Dassault Aviation service information
identified in this final rule, contact Dassault Falcon Jet Corporation,
Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone
201-440-6700; internet https://www.dassaultfalcon.com. You may view
this 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-2020-0980.
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-
0980; 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
[[Page 11117]]
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 2020-0113, dated May 20, 2020 (EASA
AD 2020-0113) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Dassault Aviation Model FALCON 2000 airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-02-21, Amendment 39-19833 (85 FR 7860,
February 12, 2020) (AD 2020-02-21). AD 2020-02-21 applied to all
Dassault Aviation Model FALCON 2000 airplanes. The NPRM published in
the Federal Register on November 3, 2020 (85 FR 69519). The NPRM was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to require revising the
existing maintenance or inspection program, as applicable to
incorporate new or more restrictive airworthiness limitations, as
specified in EASA AD 2020-0113. The FAA is issuing this AD to address
reduced controllability of the airplane. See the MCAI for additional
background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA 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.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0113 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD also requires Chapter 5-40, Airworthiness Limitations,
Revision 20, dated November 2018, of the Dassault Aviation Falcon 2000
Maintenance Manual, which the Director of the Federal Register approved
for incorporation by reference as of March 18, 2020 (85 FR 7860,
February 12, 2020).
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 168 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 2020-02-21 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. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-02-21, Amendment 39-19833
(85 FR 7860, February 12, 2020), and
0
b. Adding the following new AD:
2021-03-11 Dassault Aviation: Amendment 39-21414; Docket No. FAA-
2020-0980; Product Identifier 2020-NM-094-AD.
(a) Effective Date
This airworthiness directive (AD) is effective March 31, 2021.
(b) Affected ADs
(1) This AD replaces AD 2020-02-21, Amendment 39-19833 (85 FR
7860, February 12, 2020) (AD 2020-02-21).
(2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (AD 2010-26-05).
(c) Applicability
This AD applies to all Dassault Aviation Model FALCON 2000
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
[[Page 11118]]
this AD to address reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained New Maintenance or Inspection Program Revision With No
Changes
This paragraph restates the requirements of paragraph (i) of AD
2020-02-21, with no changes. Within 90 days after March 18, 2020
(the effective date of AD 2020-02-21), revise the existing
maintenance or inspection program, as applicable, to incorporate the
information specified in Chapter 5-40, Airworthiness Limitations,
Revision 20, dated November 2018, of the Dassault Aviation Falcon
2000 Maintenance Manual. The initial compliance time for doing the
tasks is at the time specified in Chapter 5-40, Airworthiness
Limitations, Revision 20, dated November 2018, of the Dassault
Aviation Falcon 2000 Maintenance Manual, or within 90 days after
March 18, 2020, whichever occurs later, except as required by
paragraphs (g)(1) through (3) of this AD. The term ``LDG'' in the
``First Inspection'' column of any table in the service information
specified in this paragraph means total airplane landings. The term
``FH'' in the ``First Inspection'' column of any table in the
service information specified in this paragraph means total flight
hours. The term ``FC'' in the ``First Inspection'' column of any
table in the service information specified in this paragraph means
total flight cycles. The term ``M'' in the ``First Inspection''
column of any table in the service information specified in this
paragraph means months since date of issuance of the original
airworthiness certificate or original export certificate of
airworthiness.
(1) For Task 30-11-09-350-801 identified in the service
information specified in the introductory text of paragraph (g) of
this AD, the initial compliance time is the later of the times
specified in paragraphs (g)(1)(i) and (ii) of this AD.
(i) At the earlier of the times specified in paragraphs
(g)(1)(i)(A) and (B) of this AD.
(A) Prior to the accumulation of 2,400 total flight hours or
2,000 total flight cycles, whichever occurs first.
(B) Within 2,400 flight hours or 2,000 flight cycles after April
7, 2014 (the effective date of AD 2014-03-12, Amendment 39-17749 (79
FR 11693, March 3, 2014) (AD 2014-03-12)), whichever occurs first.
(ii) Within 30 days after April 7, 2014 (the effective date of
AD 2014-03-12).
(2) For Task 52-20-00-610-801-01 identified in the service
information specified in the introductory text of paragraph (g) of
this AD, the initial compliance time is within 24 months after April
7, 2014 (the effective date of AD 2014-03-12).
(3) The limited service life of part number F2MA721512100 is
3,750 total flight cycles on the part or 6 years since the
manufacturing date of the part, whichever occurs first.
(h) Retained No Alternative Actions or Intervals With a New Exception
This paragraph restates the requirements of paragraph (j) of AD
2020-02-21, with a new exception. Except as required by paragraph
(i) of this AD, after the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (m)(1) of this
AD.
(i) New Maintenance or Inspection Program Revision
Except as specified in paragraph (j) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0113, dated May 20, 2020 (EASA AD 2020-0113). 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 2020-0113
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0113 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020-0113 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 2020-0113 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 2020-0113 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0113, 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 2020-0113 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2020-0113 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 2020-0113.
(l) Terminating Action 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) of AD 2010-26-
05 for Model FALCON 2000 airplanes only.
(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: [email protected].
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards District Office.
(ii) AMOCs approved previously for AD 2020-02-21 are approved as
AMOCs for the corresponding provisions of EASA AD 2020-0113 that are
required by paragraph (i) of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Dassault
Aviation's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
(n) Related Information
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
March 31, 2021.
(i) European Union Aviation Safety Agency (EASA) AD 2020-0113,
dated May 20, 2020.
(ii) [Reserved]
(4) The following service information was approved for IBR on
March 18, 2020 (85 FR 7860, February 12, 2020).
(i) Chapter 5-40, Airworthiness Limitations, Revision 20, dated
November 2018, of the Dassault Aviation Falcon 2000 Maintenance
Manual.
(ii) [Reserved]
(5) For EASA AD 2020-0113, 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. For
information about Dassault Aviation material, contact Dassault
Falcon Jet Corporation, Teterboro Airport,
[[Page 11119]]
P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-440-6700;
internet https://www.dassaultfalcon.com.
(6) 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-2020-0980.
(7) 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 January 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-03603 Filed 2-23-21; 8:45 am]
BILLING CODE 4910-13-P
