DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0698; Product Identifier 2019-NM-109-AD; Amendment
39-19814; AD 2019-24-11]
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
ACTION: Final rule.
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2014-16-26
and AD 2017-19-04, which applied to certain Dassault Aviation Model
FALCON 900EX airplanes. Those ADs required revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and/or airworthiness
limitations. Since the FAA issued AD 2014-16-26 and AD 2017-19-04, the
FAA determined that new or more restrictive airworthiness limitations
are necessary. This AD continues to require those maintenance or
inspection program revisions, and also requires revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations. The FAA
is issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective January 24, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 24,
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
October 19, 2017 (82 FR 43163, September 14, 2017).
ADDRESSES: For 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 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. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0698.
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-2019-
0698; 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, the regulatory evaluation, 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,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0133, dated June 11, 2019 (``EASA AD 2019-0133'') (also
referred to as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model FALCON 900EX airplanes. You may examine the MCAI in the
AD docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0698.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2014-16-26, Amendment 39-17950 (79 FR
51077, August 27, 2014) (``AD 2014-16-26''); and AD 2017-19-04,
Amendment 39-19034 (82 FR 43163, September 14, 2017) (``AD 2017-19-
04''). AD 2014-16-26 and AD 2017-19-04 applied to certain Dassault
Aviation Model FALCON 900EX airplanes. The NPRM published in the
Federal Register on September 16, 2019 (84 FR 48569). The NPRM was
prompted by the FAA's determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to continue
to require revising the existing maintenance or inspection program, as
applicable; and to require additional revision of the existing
maintenance or inspection program, as applicable; to incorporate new or
more restrictive airworthiness limitations. The FAA is issuing this AD
to address reduced structural integrity of the airplane. See the MCAI
for additional background information.
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.
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 determined that these minor
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
Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, Revision 16, dated September 2018, of the Dassault FALCON
900EX Maintenance Manual. This service information describes
procedures, maintenance tasks, and airworthiness limitations specified
in the Airworthiness Limitations section of the Airplane Maintenance
This AD also requires Chapter 5-40, Airworthiness Limitations,
Revision 14, dated November 2015, of the FALCON 900EX Maintenance
Manual, which the Director of the Federal Register approved for
incorporation by reference as of October 19, 2017 (82 FR 43163,
September 14, 2017).
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 100 airplanes of U.S.
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 2017-19-04 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 the agency recognizes that this number may vary from operator
to operator. In the past, the FAA has estimated that this action takes
1 work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. 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
This 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 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
(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
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by
a. Removing Airworthiness Directive (AD) 2014-16-26, Amendment 39-17950
(79 FR 51077, August 27, 2014); and AD 2017-19-04, Amendment 39-19034
(82 FR 43163, September 14, 2017); and
b. Adding the following new AD: