[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Proposed Rules]
[Pages 58070-58073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23580]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0857; Product Identifier 2019-NM-124-AD]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2018-19-26, which applies to all Dassault Aviation Model MYSTERE-

[[Page 58071]]

FALCON 200 airplanes. AD 2018-19-26 requires revising the maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive maintenance requirements and airworthiness limitations. 
Since the FAA issued AD 2018-19-26, the FAA 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 December 
16, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
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.
     Fax: 202-493-2251.
     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 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-
0857; 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.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    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-2019-0857; 
Product Identifier 2019-NM-124-AD'' at the beginning of your comments. 
The FAA specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments, 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 the agency receives about this NPRM.

Discussion

    The FAA issued AD 2018-19-26, Amendment 39-19427 (83 FR 49275, 
October 1, 2018) (``AD 2018-19-26''), for all Dassault Aviation Model 
MYSTERE-FALCON 200 airplanes. AD 2018-19-26 requires revising the 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive maintenance requirements and airworthiness 
limitations. AD 2018-19-26 resulted from a determination that new or 
more restrictive maintenance requirements and airworthiness limitations 
are necessary. The FAA issued AD 2018-19-26 to address fatigue 
cracking, damage, and corrosion in principal structural elements; such 
fatigue cracking, damage, and corrosion could result in reduced 
structural integrity of the airplane.
    AD 2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010) 
requires repetitive inspections for overpressure tightness on both 
regulating valves; these inspections have since been incorporated into 
the airworthiness limitations document for the affected airplanes. 
Therefore, accomplishing the actions in this proposed AD would 
terminate the requirements of paragraph (g)(1) of AD 2010-26-05 for 
Dassault Aviation Model MYSTERE-FALCON 200 airplanes.

Actions Since AD 2018-19-26 Was Issued

    Since the FAA issued AD 2018-19-26, the agency 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 2019-0153, dated July 3, 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 200 airplanes.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address fatigue cracking, damage, and corrosion in 
principal structural elements; such fatigue cracking, damage, and 
corrosion could result in reduced structural integrity of the airplane. 
See the MCAI for additional background information.
    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-
0857.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40-00, Airworthiness 
Limitations, Revision 18, dated January 15, 2019, of the Dassault 
Falcon 200 Maintenance Manual. This service information describes 
mandatory maintenance tasks that operators must perform at specified 
intervals. 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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA 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 require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations.

[[Page 58072]]

    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 9 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 
proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2018-19-26 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 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 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.

Regulatory Findings

    The FAA 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 government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (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.

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

0
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]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2018-19-26, Amendment 39-19427 (83 FR 49275, October 1, 2018), and 
adding the following new AD:

Dassault Aviation: Docket No. FAA-2019-0857; Product Identifier 
2019-NM-124-AD.

(a) Comments Due Date

    The FAA must receive comments by December 16, 2019.

(b) Affected ADs

    (1) This AD replaces AD 2018-19-26, Amendment 39-19427 (83 FR 
49275, October 1, 2018) (``AD 2018-19-26'').
    (2) This AD affects 2010-26-05, Amendment 39-16544 (75 FR 79952, 
December 21, 2010) (``AD 2010-26-05'').

(c) Applicability

    This AD applies to all Dassault Aviation Model MYSTERE-FALCON 
200 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, damage, and corrosion 
in principal structural elements; such fatigue cracking, damage, and 
corrosion could result in reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of Maintenance or Inspection Program, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2018-19-26, with no changes. Within 90 days after November 5, 2018 
(the effective date of AD 2018-19-26), revise the maintenance or 
inspection program, as applicable, to incorporate Chapter 5-40-00, 
Airworthiness Limitations, Revision 17, dated December 20, 2017, of 
the Dassault Falcon 200 Maintenance Manual. The initial compliance 
time for accomplishing the actions is at the applicable time 
specified in Chapter 5-40-00, Airworthiness Limitations, Revision 
17, dated December 20, 2017, of the Dassault Falcon 200 Maintenance 
Manual; or within 90 days after November 5, 2018 (the effective date 
of AD 2018-19-26); whichever occurs later.

(h) Retained No Alternative Actions or Intervals, With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2018-19-26, with a new exception. Except as required by paragraph 
(i) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Chapter 5-40-00, 
Airworthiness Limitations, Revision 18, dated January 15, 2019, of 
the

[[Page 58073]]

Dassault Falcon 200 Maintenance Manual. The initial compliance time 
for doing the tasks is at the time specified in Chapter 5-40-00, 
Airworthiness Limitations, Revision 18, dated January 15, 2019, of 
the Dassault Falcon 200 Maintenance Manual, or within 90 days after 
the effective date of this AD, whichever occurs later.

(j) New No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an AMOC in accordance with the 
procedures specified in paragraph (l)(1) of this AD.

(k) Terminating Action for Certain Actions in AD 2010-26-05

    Accomplishing the actions required by paragraph (g) or (i) of 
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model MYSTERE-FALCON 200 airplanes.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (m)(2) of this AD. Information 
may be emailed to: 9-NM-116-AMOC-REQUESTS@faa.gov.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (ii) AMOCs approved previously for AD 2018-19-26, are approved 
as AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Union 
Aviation Safety Agency (EASA); or Dassault Aviation's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2019-0153, dated July 3, 2019, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2019-0857.
    (2) For more information about this AD, 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.
    (3) For 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 http://www.dassaultfalcon.com. You may view this 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.

    Issued in Des Moines, Washington, on October 22, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-23580 Filed 10-29-19; 8:45 am]
 BILLING CODE 4910-13-P


