DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0677; Product Identifier 2020-NM-099-AD; Amendment
39-21293; AD 2020-21-20]
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) 2019-23-
03, which applied to certain Dassault Aviation Model FALCON 900EX
airplanes. AD 2019-23-03 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance requirements and/or airworthiness limitations.
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; 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 December 7, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 7,
2020.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 13, 2020 (84 FR 67171, December 9, 2019).

ADDRESSES: For the 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 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 the Dassault service information identified in this AD, 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-2020-0677.

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-
0677; 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 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 2020-0117, dated May 20, 2020
(``EASA AD 2020-0117'') (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.
EASA AD 2020-0117 superseded EASA AD 2019-0134 (which corresponds to
FAA AD 2019-23-03, Amendment 39-19796 (84 FR 67171, December 9, 2019)
(``AD 2019-23-03'')). Airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued
after October 2, 2019 must comply with the airworthiness limitations
specified as part of the approved type design and referenced on the
type certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-23-03. AD 2019-23-03 applied to
certain Dassault Aviation Model FALCON 900EX airplanes. The NPRM
published in the Federal Register on August 3, 2020 (85 FR 46560). The
NPRM was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to continue
to require the maintenance or inspection program revisions required by
AD 2019-23-03, and also proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations, as
specified in an EASA AD.
The FAA is issuing this AD to address, among other things, fatigue
cracking and damage in principal structural elements; such fatigue
cracking and damage could result in reduced structural integrity 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.

Explanation of Change to Paragraph (g) of This AD

The FAA has revised paragraph (g) of this AD to clarify that it
applies only to airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
September 1, 2018. This information was inadvertently left out of the
proposed AD. Paragraph (g) of this AD is a retained action from AD
2019-23-03, and this clarification limits the applicability of the
retained action to match that in AD 2019-23-03.

Conclusion

The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule with the
change described previously and 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.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related IBR Material Under 1 CFR Part 51

EASA AD 2020-0117 describes procedures for maintenance tasks and
airworthiness limitations.
This AD also requires Chapter 5-40, Airworthiness Limitations,
Revision 11, dated September 2018, of the Dassault Falcon 900EX EASy,
Falcon 900LX, and Falcon 900DX Maintenance Manual, which the Director
of the Federal Register approved for incorporation by reference as of
January 13, 2020 (84 FR 67171, December 9, 2019).
This material 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 97 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 2019-23-03 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.
Therefore, 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

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) 2019-23-03, Amendment 39-19796
(84 FR 67171, December 9, 2019), and

b. Adding the following new AD: