Airworthiness Directives; Dassault Aviation Airplanes, 11116-11119 [2021-03603]

Download as PDF 11116 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. khammond on DSKJM1Z7X2PROD with RULES (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. VerDate Sep<11>2014 16:14 Feb 23, 2021 Jkt 253001 (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: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24FER1.SGM 24FER1 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:14 Feb 23, 2021 Jkt 253001 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 11117 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 E:\FR\FM\24FER1.SGM 24FER1 11118 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations this AD to address reduced controllability of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. khammond on DSKJM1Z7X2PROD with RULES (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. VerDate Sep<11>2014 16:14 Feb 23, 2021 Jkt 253001 (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: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 (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, E:\FR\FM\24FER1.SGM 24FER1 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 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: khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:14 Feb 23, 2021 Jkt 253001 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]


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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.

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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