DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0778; Product Identifier 2020-NM-097-AD; Amendment
39-21362; AD 2020-26-07]
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-
05, which applied to all Dassault Aviation Model MYSTERE-FALCON 900
airplanes. AD 2019-23-05 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. This AD continues to require
revising the existing maintenance or inspection program, as applicable,
to incorporate those new or more restrictive airworthiness limitations,
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 January 25, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 25,
2021.
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 67169, December 9, 2019).

ADDRESSES: For EASA material incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
phone: +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 service information
identified in this final rule, contact Dassault Falcon Jet Corporation,
Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; phone:
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-2020-0778.

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-
0778; 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; phone 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 2020-0115, dated May 20, 2020 (EASA
AD 2020-0115) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Dassault Aviation Model MYSTERE-FALCON 900 airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-23-05, Amendment 39-19799 (84 FR
67169, December 9, 2019) (AD 2019-23-05). AD 2019-23-05 applied to all
Dassault Aviation Model MYSTERE-FALCON 900 airplanes. The NPRM
published in the Federal Register on August 19, 2020 (85 FR 50970). The
NPRM was prompted by a 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, to incorporate new or more restrictive airworthiness
limitations. The NPRM 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 a EASA AD.
The FAA is issuing this AD to address 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 has considered the comments
received.

Support for the NPRM

Ian Reineck indicated support for the NPRM.

Request To Include Actions in the Cost Estimate

Ian Reineck requested that the cost estimate be revised to include
structural upkeep per flight hours, rather than solely maintenance work
hours. The commenter stated this is what determines the core functions
inside aviation maintenance schedules. The commenter also stated this
would be inclusive, regardless of operator, but still reflect the cost
of an average operator's inspection through the quantity of accumulated
flight time on the airplane. The commenter concluded that, if flight
time is not presented in the inspection cost, it presents another
problem: These aircraft may change ownership or operator-ship as they
age.
The FAA infers that the commenter is requesting that the FAA
include the costs in this AD for complying with the actions (e.g.,
inspections) that are specified in the airworthiness limitations
document referenced in EASA AD 2020-0115. The FAA disagrees because
those actions are not directly required by this AD. Additionally, the
FAA does not distribute the costs over time because the cost estimates
have been standardized to include the larger whole cost of the requirement, not
the more uniform cost per flight hour, which the FAA has determined is
best to inform the broadest user base. The cost information provided in
this AD describes only the direct costs of the specific actions
required by this AD. This AD requires only 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 2020-0115, and provides a
compliance time to phase in the initial actions. Section 91.403(c) of
the Federal Aviation Regulations (14 CFR 91.403(c)) requires the
actions once the maintenance or inspection program is changed.
Therefore, we have not changed this final rule in this regard.

Conclusion

The FAA reviewed the relevant data, considered the comments
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

EASA AD 2020-0115 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD also requires Chapter 5-40, Airworthiness Limitations,
Revision 24, dated September 2018, of the Dassault Aviation Falcon 900
Maintenance Manual, which the Director of the Federal Register approved
for incorporation by reference as of January 13, 2020 (84 FR 67169,
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 105 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 2019-23-05 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. In the past, the agency 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

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) 2019-23-05, Amendment 39-19799
(84 FR 67169, December 9, 2019), and

b. Adding the following new AD: