AD 2021-09-12

The FAA is superseding Airworthiness Directive (AD) 2020-07- 16, which applied to certain Dassault Aviation Model FALCON 7X airplanes. AD 2020-07-16 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate 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.

Final rule.

Adoption of the Amendment \n\n\n\tAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n0 1. The authority citation for part 39 continues to read as follows: \n\n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n\n\nSec. 39.13 (Amended) \n\n0 2. The FAA amends Sec. 39.13 by: 0 a. Removing airworthiness directive 2020-07-16, Amendment 39-19895 (85 FR 20405, April 13, 2020); and 0 b. Adding the following new airworthiness directive: \n\n2021-09-12 Dassault Aviation: Amendment 39-21526; Docket No. FAA- 2020-1169; Project Identifier MCAI-2020-01373-T. \n\n(a) Effective Date \n\n\n\tThis airworthiness directive (AD) is effective June 8, 2021. \n\n(b) Affected ADs \n\n\n\t(1) This AD replaces AD 2020-07-16, Amendment 39-19895 (85 FR 20405, April 13, 2020) (AD 2020-07-16). \n\t(2) This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR 52545, September 4, 2014) (AD 2014-16-23). \n\n(c) Applicability \n\n\n\tThis AD applies to Dassault Aviation Model FALCON 7X airplanes, certificated in any category, with an original airworthiness certificate or original export certificate of airworthiness issued on or before June 1, 2020. \n\n\n\tNote 1 to paragraph (c): Model FALCON 7X airplanes with modification M1000 incorporated are commonly referred to as ''Model FALCON 8X'' airplanes as a marketing designation. \n\n(d) Subject \n\n\n\tAir Transport Association (ATA) of America Code 05, Time Limits/ Maintenance Checks. \n\n(e) Reason \n\n\n\tThis AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address reduced structural integrity and reduced control of airplanes due to the failure of system components. \n\n(f) Compliance \n\n\n\tComply with this AD within the compliance times specified, unless already done. \n\n(g) Retained Maintenance or Inspection Program Revision, With No Changes \n\n\n\tThis paragraphrestates the requirements of paragraph (i) of AD 2020-07-16, with no changes. For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before June 1, 2019, except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2019-0257, dated October 17, 2019 (EASA AD 2019-0257). \n\n(h) Retained Exceptions to EASA AD 2019-0257, With No Changes \n\n\n\tThis paragraph restates the requirements of paragraph (j) of AD 2020-07-16 with no changes. For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before June 1, 2019: \n\t(1) The requirements specified in paragraphs (1) and (2) of EASA AD 2019-0257 do not apply to this AD. \n\t(2) Where paragraph (3) of EASA AD 2019-0257 specifies a compliance time of ''Within 12 months'' after its effective date to ''revise the approved AMP (Aircraft Maintenance Program),'' this AD requires ''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 2019-0257 within 90 days after May 18, 2020 (the effective date of AD 2020-07-16). \n\t(3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2019-0257 is at the applicable ''associated thresholds'' specified in paragraph (3) of EASA AD 2019-0257, or within 90 days after May 18, 2020 (the effective date of AD 2020-07- 16), whichever occurs later. \n\t(4) The provisions specified in paragraphs (4) and (5) of EASA AD 2019-0257 do not apply to this AD. \n\t(5) The ''Remarks'' section of EASA AD 2019-0257 does not apply to this AD. \n\n(i) Retained Provisions for Alternative Actions, Intervals, and Critical Design Configuration Control Limitations (CDCCLs) With a New Exception \n\n\n\tThis paragraph restates the requirements of paragraph (k) of AD 2020-07-16, with a new exception. For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before June 1, 2019, except as required by paragraph (j) 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), intervals, or CDCCLs are allowed unless they are approved as specified in the provisions of the ''Ref. Publications'' section of EASA AD 2019-0257. \n\n(j) New Maintenance or Inspection Program Revision \n\n\n\tExcept as specified in paragraph (k) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2020-0214, dated October 6, 2020 (EASA AD 2020-0214). Accomplishing the maintenance or inspection program revision required by this paragraph terminates the requirements of paragraph (g) of this AD. \n\n(k) Exceptionsto EASA AD 2020-0214 \n\n\n\t(1) The requirements specified in paragraphs (1) and (2) of EASA AD 2020-0214 do not apply to this AD. \n\t(2) Paragraph (3) of EASA AD 2020-0214 specifies revising ''the approved AMP'' within 12 months after its effective date, but this AD requires 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 \n\n((Page 23595)) \n\nAD 2020-0214 within 90 days after the effective date of this AD. \n\t(3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2020-0214 is at the applicable ''associated thresholds'' specified in paragraph (3) of EASA AD 2020-0214, or within 90 days after the effective date of this AD, whichever occurs later. \n\t(4) The provisions specified in paragraphs (4) and (5) of EASA AD 2019-0257 do not apply to this AD. \n\t(5) The ''Remarks'' section of EASA AD 2020-0214 does not apply to this AD. \n\n(l) New Provisions for Alternative Actions, Intervals, and CDCCLs \n\n\n\tAfter the maintenance or inspection program has been revised as required by paragraph (j) of this AD, no alternative actions (e.g., inspections), intervals, or CDCCLs are allowed except as specified in the provisions of the ''Ref. Publications'' section of EASA AD 2020-0214. \n\n(m) Terminating Action for Certain Requirements in AD 2014-16-23 \n\n\n\tAccomplishing the actions required by paragraphs (g) or (j) of this AD terminates the requirements of paragraph (q) of AD 2014-16- 23. \n\n(n) Other FAA AD Provisions \n\n\n\tThe following provisions also apply to this AD: \n\t(1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, International Validation 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 StandardsDistrict Office, as appropriate. If sending information directly to the Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (o) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. \n\t(2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or EASA; or Dassault Aviation's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. \n\n(o) Related Information \n\n\n\tFor more information about this AD, 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. \n\n(p) Material Incorporated by Reference \n\n\n\t(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. \n\t(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. \n\t(3) The following service information was approved for IBR on June 8, 2021. \n\t(i) European Union Aviation Safety Agency (EASA) AD 2020-0214, dated October 6, 2020. \n\t(ii) (Reserved) \n\t(4) The following service information was approved for IBR on May 18, 2020 (85 FR 20405, April 13, 2020). \n\t(i) European Union Aviation Safety Agency (EASA) AD 2019-0257, dated October 17, 2019. \n\t(ii) (Reserved) \n\t(5) For EASA AD 2020-0214, contact 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 EASA AD on the EASA website at https://ad.easa.europa.eu. \n\t(6) You may view this 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. This material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-1169. \n\t(7) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. \n\n\n\tIssued on April 21, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. (FR Doc. 2021-08852 Filed 5-3-21; 8:45 am) BILLING CODE 4910-13-P

Background \n\n\n\tThe EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0214, dated October 6, 2020 (EASA AD 2020-0214) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for all Dassault Aviation Model FALCON 7X airplanes. \n\tThe FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2020-07-16 Amendment 39-19895 (85 FR 20405, April 13, 2020) (AD 2020-07-16). AD 2020-07-16 applied to certain Dassault Aviation Model FALCON 7X airplanes. The NPRM published in the Federal Register on January 15, 2021 (86 FR 3879). The NPRM was prompted by 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, as specified in EASA AD 2020-0214. \n\tThe FAA is issuing this AD to address reduced structural integrity and reduced control of airplanes due to the failure of system components. See the MCAI for additional background information. \n\nComments \n\n\n\tThe FAA gave the public the opportunity to participate in developing this final rule. The FAA has considered the comment received. One commenter indicated support for the NPRM. \n\nConclusion \n\n\n\tThe 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: \n\tAre consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and \n\tDo not add any additional burden upon the public than was already proposed in the NPRM. \n\nRelated IBR Material Under 1 CFR Part 51 \n\n\n\tEASA AD 2020-0214 describes new or more restrictive airworthiness limitations for airplane structures and safe life limits. \n\tThis AD also requires EASA AD 2019-0257, dated October 17, 2019, which the Director of the Federal Register approved for incorporation by reference as of May 18, 2020 (85 FR 20405, April 13, 2020). \n\tThis 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. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 122 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: \n\tThe FAA estimates the total cost per operator for the retained actions from AD 2020-07-16 to be $7,650 (90 work-hours x $85 per work- hour). \n\tThe 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. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate \n\n((Page 23594)) \n\nis 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). \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tThe 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. Thisregulation 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. \n\nRegulatory Findings \n\n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, \n\t(2) Will not affect intrastate aviation in Alaska, and \n\t(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. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.