Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations 82901 

information on the availability of this 

material at the FAA, call (781) 238–7759. 

(5) 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. 

Issued on December 4, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2020–27985 Filed 12–18–20; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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, KonradAdenauer-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 

82902 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations 

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 workhours × $85 per work-hour). 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours 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 × $85 per workhour). 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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: 

2020–26–07 Dassault Aviation: 

Amendment 39–21362; Docket No. 

FAA–2020–0778; Product Identifier 

2020–NM–097–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 25, 2021. 

(b) Affected ADs 

(1) This AD replaces AD 2019–23–05, 

Amendment 39–19799 (84 FR 67169, 

December 9, 2019) (AD 2019–23–05). 

(2) This AD affects AD 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 900 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 reduced structural 

integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Revision of Existing 

Maintenance or Inspection Program, With 

No Changes 

This paragraph restates the requirements of 

paragraph (i) of AD 2019–23–05, with no 

changes. Within 90 days after January 13, 

2020 (the effective date of AD 2019–23–05), 

revise the existing maintenance or inspection 

program, as applicable, to incorporate the 

information specified in Chapter 5–40, 

Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations 82903 

Airworthiness Limitations, Revision 24, 

dated September 2018, of the Dassault 

Aviation Falcon 900 Maintenance Manual. 

The initial compliance times for doing the 

tasks are at the times specified in Chapter 5– 

40, Airworthiness Limitations, Revision 24, 

dated September 2018, of the Dassault 

Aviation Falcon 900 Maintenance Manual, or 

within 90 days after January 13, 2020, 

whichever occurs later. The term ‘‘LDG’’ in 

the ‘‘First Inspection’’ column of any table in 

the service information specified in this 

paragraph means total airplane landings. The 

term ‘‘FH’’ in the ‘‘First Inspection’’ column 

of any table in the service information 

specified in this paragraph means total flight 

hours. The term ‘‘FC’’ in the ‘‘First 

Inspection’’ column of any table in the 

service information specified in this 

paragraph means total flight cycles. The term 

‘‘M’’ in the ‘‘First Inspection’’ column of any 

table in the service information specified in 

this paragraph means months since the date 

of issuance of the original airworthiness 

certificate or the date of issuance of the 

original export certificate of airworthiness. 

Accomplishing the maintenance or 

inspection program revision required by 

paragraph (i) of this AD terminates the 

requirements of this paragraph. 

(h) Retained Restrictions on Alternative 

Actions or Intervals, With a New Exception 

This paragraph restates the requirements of 

paragraph (h) of AD 2019–23–05, with a new 

exception. Except as required by paragraph 

(i) of this AD, after the existing 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 (m)(1) of this AD. 

(i) New Maintenance or Inspection Program 

Revision 

Except as specified in paragraph (j) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2020–0115, dated 

May 20, 2020 (EASA AD 2020–0115). 

Accomplishing the maintenance or 

inspection program revision required by this 

paragraph terminates the requirements of 

paragraph (g) of this AD. 

(j) Exceptions to EASA AD 2020–0115 

(1) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2020– 

0115 do not apply to this AD. 

(2) Paragraph (3) of EASA AD 2020–0115 

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 

AD 2020–0115 within 90 days after the 

effective date of this AD. 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2020–0115 is at the applicable 

‘‘associated thresholds’’ specified in 

paragraph (3) of EASA AD 2020–0115, or 

within 90 days after the effective date of this 

AD, whichever occurs later. 

(4) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2020–0115 do not 

apply to this AD. 

(5) The ‘‘Remarks’’ section of EASA AD 

2020–0115 does not apply to this AD. 

(k) New Provisions for Alternative Actions 

or Intervals 

After the maintenance or inspection 

program has been revised as required by 

paragraph (i) of this AD, no alternative 

actions (e.g., inspections) or intervals are 

allowed unless they are approved as 

specified in the provisions of the ‘‘Ref. 

Publications’’ section of EASA AD 2020– 

0115. 

(l) Terminating Actions for Certain 

Requirements 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 900 airplanes. 

(m) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(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 responsible Flight 

Standards 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 (n) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(i) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(ii) AMOCs approved previously for AD 

2019–23–05 are approved as AMOCs for the 

corresponding provisions of EASA AD 2020– 

0115 that are required by paragraph (i) of this 

AD. 

(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) Related Information 

For 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; phone and fax: 

206–231–3226; email: tom.rodriguez@

faa.gov. 

(o) Material Incorporated by Reference 

(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. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on January 25, 2021. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2020–0115, dated May 20, 2020. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on January 13, 2020 (84 FR 

67169, December 9, 2019). 

(i) Chapter 5–40, Airworthiness 

Limitations, Revision 24, dated September 

2018, of the Dassault Aviation Falcon 900 

Maintenance Manual. 

(ii) [Reserved] 

(5) For EASA AD 2020–0115, 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 

EASA AD on the EASA website at https://

ad.easa.europa.eu. 

(6) For Dassault service information, 

contact Dassault Falcon Jet Corporation, 

Teterboro Airport, P.O. Box 2000, South 

Hackensack, NJ 07606; phone: 201–440– 

6700; internet: https://

www.dassaultfalcon.com. 

(7) 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–2020–0778. 

(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. 

Issued on December 8, 2020. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2020–28012 Filed 12–18–20; 8:45 am] 

BILLING CODE 4910–13–P