DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0668; Product Identifier 2019-NM-108-AD]
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: The FAA proposes to supersede Airworthiness Directives
2016-01-16, 2017-19-03, and 2018-19-05, which apply to Dassault
Aviation Model MYSTERE-FALCON 900 airplanes. Those ADs require revising
the maintenance or inspection program, as applicable, to incorporate
new or more restrictive maintenance requirements and/or airworthiness
limitations. Since AD 2018-19-05 was issued, the FAA has determined
that new or more restrictive airworthiness limitations are necessary.
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by October
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Dassault
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone 201-440-6700; internet http://www.
dassaultfalcon.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.
gov by searching for and locating Docket No. FAA-2019-0668;
or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include "Docket No. FAA-2019-0668;
Product Identifier 2019-NM-108-AD" at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. The
FAA will consider all comments received by the closing date and may
amend this proposed AD based on those comments.
The FAA will post all comments received, without change, to http://www.
regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this proposed AD.
The FAA issued AD 2018-19-05, Amendment 39-19405 (83 FR 47813,
September 21, 2018) ("AD 2018-19-05"), for all Dassault Aviation
Model MYSTERE-FALCON 900 airplanes. AD 2018-19-05 requires revising the
maintenance or inspection program, as applicable, to incorporate new
and more restrictive maintenance requirements and airworthiness
limitations. AD 2018-19-05 resulted from a determination that more
restrictive maintenance requirements and airworthiness limitations are
necessary. The FAA issued AD 2018-19-05 to address reduced structural
integrity of the airplane. AD 2018-19-05 specified that accomplishing
the actions required by paragraph (g) of that AD would terminate the
requirements of AD 2016-01-16, Amendment 39-18376 (81 FR 3320, January
21, 2016) and AD 2017-19-03, Amendment 39-19033 (82 FR 43166, September
14, 2017). AD 2018-19-05 specifies that accomplishing paragraph (g) of
that AD would terminate the requirements of paragraph (g)(1) of AD
2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010), for
Dassault Aviation Model MYSTERE-FALCON 900 airplanes.
Actions Since AD 2018-19-05 Was Issued
Since AD 2018-19-05 was issued, the FAA has determined that new or
more restrictive airworthiness limitations are necessary.
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0132, dated June 11, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or "the MCAI"), to
correct an unsafe condition for all Dassault Aviation Model MYSTERE-
FALCON 900 airplanes. The MCAI states:
The airworthiness limitations for Mystere-Falcon 900
aeroplanes, which are approved by EASA, are currently defined and
published in Dassault Mystere-Falcon 900 [airplane
maintenance manual] AMM, Chapter 5-40. These instructions have been
identified as mandatory for continued airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition [reduced structural integrity of the airplane].
EASA previously issued AD 2018-0027 [which corresponds to FAA AD
2018-19-05], requiring the actions described in Dassault
Mystere-Falcon 900 AMM, Chapter 5-40 (DGT113873) at Revision
Since that [EASA] AD was issued, Dassault published the
[airworthiness limitations section] ALS, as defined in this [EASA]
AD, containing new and/or more restrictive maintenance tasks.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2018-0027, which is superseded, and requires
accomplishment of the actions specified in the ALS, as defined in
this [EASA] AD.
You may examine the MCAI in the AD docket on the internet at http://www.
regulations.gov by searching for and locating Docket No. FAA-2019-0668.
Related Service Information Under 1 CFR Part 51
Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, Revision 24, dated September 2018, of the Dassault
Aviation Falcon 900 Maintenance Manual. This service information
describes procedures, maintenance tasks, and airworthiness limitations
specified in the Airworthiness Limitations Section (ALS) of the AMM.
This proposed AD would also require Chapter 5-40, Airworthiness
Limitations, Revision 23, dated September 2017, of the Dassault
Aviation Falcon 900 Maintenance Manual, which the Director of the
Federal Register approved for incorporation by reference as of October
26, 2018 (83 FR 47813, September 21, 2018).
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.
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. The FAA is proposing this AD because the
agency evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would retain all of the requirements of AD 2018-
19-05. This proposed AD would also require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(l)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this proposed AD affects 134 airplanes of
The FAA estimates the following costs to comply with this proposed
The FAA estimates the total cost per operator for the retained
actions from AD 2018-19-05 to be $7,650 (90 work-hours x $85 per work-
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although this number may vary from operator to operator. In the past,
the FAA has estimated that this action takes 1 work-hour per airplane.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate.
The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
For the reasons discussed above, I certify this proposed
(1) Is not a "significant regulatory action" under Executive
(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
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by:
a. Removing airworthiness directive (AD) 2016-01-16, Amendment 39-18376
(81 FR 3320, January 21, 2016); AD 2017-19-03, Amendment 39-19033
(82 FR 43166, September 14, 2017); and 2018-19-05, Amendment 39-19405
(83 FR 47813, September 21, 2018); and
b. Adding the following new AD: