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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0700; Product Identifier 2019-NM-105-AD; Amendment
39-19833; AD 2020-02-21]
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) 2018-19-25
and AD 2014-03-12, which applied to all Dassault Aviation Model FALCON
2000 airplanes. Those ADs required revising the existing maintenance or
inspection program, as applicable, to incorporate new maintenance
requirements and airworthiness limitations. Since the FAA issued AD
2018-19-25, the FAA has 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 new or more restrictive airworthiness limitations. 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 18, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 18,
2020.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
November 2, 2018 (83 FR 48924, September 28, 2018).
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-2019-0700.
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-2019-0700;
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; email
tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0131, dated June 11, 2019 (``EASA AD 2019-0131'') (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. 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-2019-0700.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-19-25, Amendment 39-19426 (83 FR
48924, September 28, 2018) (``AD 2018-19-25'') and AD 2014-03-12,
Amendment 39-17749 (79 FR 11693, March 3, 2014) (``AD 2014-03-12''). AD
2018-19-25 applied to all Dassault Aviation Model FALCON 2000
airplanes. The NPRM published in the Federal Register on September 25,
2019 (84 FR 50336). The NPRM resulted from 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. 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 following presents the comment received
on the NPRM and the FAA's response to that comment.
Request To List New Requirements
NetJets Aviation (NJA) requested that the additional required
inspection items or changes from Chapter 5-40, Airworthiness
Limitations, Revision 20, dated November 2018, of the Dassault Aviation
Falcon 2000 Maintenance Manual be listed in paragraph (i) of the
proposed AD to ensure operators are meeting the requirements.
The FAA disagrees with the commenter's request because the required
action is for the operators to incorporate the entirety of the
information specified in Chapter 5-40, Airworthiness Limitations,
Revision 20, dated November 2018, of the Dassault Aviation Falcon 2000
Maintenance Manual into their maintenance or inspection program, as
applicable, and not just the changes that are made in Revision 20 (the
changes are described in the ``Information to Operators'' section of
Revision 20). The AD has not been changed in this regard.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, 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
Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, Revision 20, dated November 2018, of the Dassault Aviation
Falcon 2000 Maintenance Manual. This service information describes
airworthiness limitations for safe life limits.
This AD also requires Chapter 5-40, Airworthiness Limitations, DGT
113876, Revision 19, dated November 2017, of the Dassault Falcon 2000
Maintenance Manual, which the Director of the Federal Register approved
for incorporation by reference as of November 2, 2018 (83 FR 48924,
September 28, 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.
Costs of Compliance
The FAA estimates that this AD affects 200 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 2018-19-25 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
FAA 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
rulemaking action.
Regulatory Findings
We 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
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) 2014-03-12, Amendment 39-17749
(79 FR 11693, March 3, 2014); and AD 2018-19-25, Amendment 39-19426 (83
FR 48924, September 28, 2018); and
b. adding the following new AD:
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