AD 2019-24-11

The FAA is superseding Airworthiness Directive (AD) 2014-16-26 and AD 2017-19-04, which applied to certain Dassault Aviation Model FALCON 900EX airplanes. Those ADs required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and/or airworthiness limitations. Since the FAA issued AD 2014-16-26 and AD 2017-19-04, the FAA 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 additional new or more restrictive airworthiness limitations. 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 (AD) 2014-16-26, Amendment 39-17950 (79 FR 51077, August 27, 2014); and AD 2017-19-04, Amendment 39-19034 (82 FR 43163, September 14, 2017); and 0 b. Adding the following new AD: \n\n2019-24-11 Dassault Aviation: Amendment 39-19814; Docket No. FAA- 2019-0698; Product Identifier 2019-NM-109-AD. \n\n(a) Effective Date \n\n\n\tThis AD is effective January 24, 2020. \n\n(b) Affected ADs \n\n\n\t(1) This AD replaces AD 2014-16-26, Amendment 39-17950 (79 FR 51077, August 27, 2014) (''AD 2014-16-26''); and AD 2017-19-04, Amendment 39-19034 (82 FR 43163, September 14, 2017) (''AD 2017-19- 04''). \n\t(2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010) (''AD 2010-26-05''). \n\n(c) Applicability \n\n\n\tThis AD applies to Dassault Aviation Model FALCON 900EX airplanes, certificated in any category, serial numbers 1 through 96 inclusive, and serial numbers 98 through 119 inclusive. \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 of the airplane. \n\n(f) Compliance \n\n\n\tComply with this AD within the compliance times specified, unless already done. \n\n(g) Retained Revision of Maintenance or Inspection Program, With No Changes \n\n\n\tThis paragraph restates the requirements of paragraph (g) of AD 2017-19-04, with no changes. Within 90 days after October 19, 2017 (the effective date of AD 2017-19-04), revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in Chapter 5-40, Airworthiness Limitations, Revision 14, dated November 2015, of the FALCON 900EX Maintenance Manual. The initial compliance time for accomplishing the actions specified in Chapter 5-40, Airworthiness Limitations, Revision 14, dated November 2015, of the FALCON 900EX Maintenance Manual, is within the applicable times specified in the maintenance manual, or 90 days after October 19, 2017, whichever occurs later, except as provided by paragraphs (g)(1) through (4) of this AD. \n\t(1) The term ''LDG'' in the ''First Inspection'' column of any table in the service information means total airplane landings. \n\t(2) The term ''FH'' in the ''First Inspection'' column of any table in the service information means total flight hours. \n\t(3) The term ''FC'' in the ''First Inspection'' column of any table in the service information means total flight cycles. \n\t(4) The term ''M'' in the ''First Inspection'' column of any table in the service information means months. \n\n(h) Retained Requirement for No Alternative Actions and Intervals, With New Exception \n\n\n\tThis paragraph restates the requirement specified in paragraph (h) of AD 2017-19-04, with a new exception. Except as required by paragraph (i) of this AD, after accomplishing the revision 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. \n\n(i) New Requirement of This AD: Maintenance or Inspection Program Revision \n\n\n\tWithin 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, Airworthiness Limitations, Revision 16, dated September 2018,of the Dassault FALCON 900EX Maintenance Manual. The initial compliance times for accomplishing the actions are at the times specified in Chapter 5- 40, Airworthiness Limitations, Revision 16, dated September 2018, or 90 days after the effective date of this AD, whichever occurs later, except as provided by paragraphs (i)(1) through (4) of this AD. \n\t(1) The term ''LDG'' in the ''First Inspection'' column of any table in the service information means total airplane landings. \n\t(2) The term ''FH'' in the ''First Inspection'' column of any table in the service information means total flight hours. \n\t(3) The term ''FC'' in the ''First Inspection'' column of any table in the service information means total flight cycles. \n\t(4) The term ''M'' in the ''First Inspection'' column of any table in the service information means months since the date of issuance of the original airworthiness certificate or the date of issuance of the original export certificate of airworthiness. \n\n(j) No Alternative Actions or Intervals \n\n\n\tAfter 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 and intervals are approved as an AMOC in accordance with the procedures specified in paragraph (l)(1) of this AD. \n\n(k) Terminating Actions for Certain Actions in AD 2010-26-05 \n\n\n\tAccomplishing 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 FALCON 900EX airplanes, serial numbers 1 through 96 inclusive, and serial numbers 98 through 119 inclusive. \n\n(l) Other FAA AD Provisions \n\n\n\t(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-ANM-116-AMOC-REQUESTS@faa.gov. 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. \n\t(2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement \n\n((Page 70000)) \n\nin 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. \n\n(m) Related Information \n\n\n\t(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2019-0133, dated June 11, 2019, for related information. This MCAI may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-0698. \n\t(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. \n\n(n) 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 January 24, 2020. \n\t(i) Chapter 5-40, Airworthiness Limitations, Revision 16, dated September 2018, of the Dassault FALCON 900EX Maintenance Manual. \n\t(ii) (Reserved) \n\t(4) The following service information was approved for IBR on October 19, 2017 (82 FR 43163, September 14, 2017). \n\t(i) Chapter 5-40, Airworthiness Limitations, Revision 14, dated November 2015, of the FALCON 900EX Maintenance Manual. \n\t(ii) (Reserved) \n\t(5) 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 https://www.dassaultfalcon.com. \n\t(6) 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. \n\t(7) You may view this service information 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.

Discussion \n\n\n\tThe European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019-0133, dated June 11, 2019 (''EASA AD 2019-0133'') (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. 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-2019-0698. \n\tThe FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2014-16-26, Amendment 39-17950 (79 FR 51077, August 27, 2014) (''AD 2014-16-26''); and AD 2017-19-04, Amendment 39-19034 (82 FR 43163, September 14, 2017) (''AD 2017-19- 04''). AD 2014-16-26 and AD 2017-19-04 applied to certain Dassault Aviation Model FALCON 900EX airplanes. The NPRM published in the Federal Register on September 16, 2019 (84 FR 48569). The NPRM was prompted by the FAA's 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; and to require additional revision of 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 structural integrity of the airplane. 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 received no comments on the NPRM or on the determination of the cost to the public. \n\nConclusion \n\n\n\tThe FAA reviewed the relevant data and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA determined that these minor changes:Are 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 Service Information Under 1 CFR Part 51 \n\n\n\tDassault Aviation has issued Chapter 5-40, Airworthiness Limitations, Revision 16, dated September 2018, of the Dassault FALCON 900EX Maintenance Manual. This service information describes procedures, maintenance tasks, and airworthiness limitations specified in the Airworthiness Limitations section of the Airplane Maintenance Manual. \n\tThis AD also requires Chapter 5-40, Airworthiness Limitations, Revision 14, dated November 2015, of the FALCON 900EX Maintenance Manual, which the Director of the Federal Register approved for incorporation by reference as of October 19, 2017 (82 FR 43163, September 14, 2017). \n\tThis service information is reasonably available because the interested parties have access to it through their normal courseof business or by the means identified in the ADDRESSES section. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 100 airplanes of U.S. registry. \n\tThe 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 2017-19-04 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. 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). \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. 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. \n\tThis AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorizedby 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 \n\n((Page 69999)) \n\napplicable to transport category airplanes and associated appliances to the Director of the System Oversight Division. \n\nRegulatory Findings \n\n\n\tThe FAA 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. \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.