[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Proposed Rules]
[Pages 3879-3883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00105]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1169; Product Identifier MCAI-2020-01373-T]
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) 
2020-07-16, which applies to certain Dassault Aviation Model FALCON 7X 
airplanes. AD 2020-07-16 requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. Since the FAA issued AD 2020-07-
16, the FAA has 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, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference. 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 March 1, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR), contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 8999 000; email <a href="/cdn-cgi/l/email-protection#6524211625000416044b0010170a15044b0010"><span class="__cf_email__" data-cfemail="d69792a596b3b7a5b7f8b3a3a4b9a6b7f8b3a3">[email protected]</span></a>; internet www.easa.europa.eu. 
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the

[[Page 3880]]

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-2020-1169.

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-
1169; 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, 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, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226; 
email <a href="/cdn-cgi/l/email-protection#c3b7acaeedb1aca7b1aaa4b6a6b983a5a2a2eda4acb5"><span class="__cf_email__" data-cfemail="9de9f2f0b3eff2f9eff4fae8f8e7ddfbfcfcb3faf2eb">[email protected]</span></a>.

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 ADDRESSES. Include ``Docket No. FAA-2020-1169; Product Identifier 
MCAI-2020-01373-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal based on those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact the FAA receives about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Tom 
Rodriguez, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2020-07-16, Amendment 39-19895 (85 FR 20405, 
April 13, 2020) (``AD 2020-07-16''), for certain Dassault Aviation 
Model FALCON 7X airplanes. AD 2020-07-16 requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. AD 2020-07-16 resulted from 
a determination that new or more restrictive airworthiness limitations 
are necessary. The FAA issued AD 2020-07-16 to address reduced 
structural integrity and reduced control of airplanes due to the 
failure of system components. AD 2020-07-16 specifies that 
accomplishing the revision required by paragraph (g) or (i) of that AD 
terminates paragraph (q) of AD 2014-16-23.

Actions Since AD 2020-07-16 Was Issued

    Since the FAA issued AD 2020-07-16, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary.
    The 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.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after June 1, 2020 must 
comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet; 
this AD therefore does not include those airplanes in the 
applicability.
    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 reduced structural integrity and reduced 
control of airplanes due to the failure of system components. See the 
MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0214 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD would also require 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).
    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.

FAA's Determination and Requirements of This Proposed AD

    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 
referenced above. The FAA is proposing this AD because the FAA has 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 2020-07-16. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2020-0214 described previously, as incorporated by reference. Any 
differences with EASA AD 2020-0214 are identified as exceptions in the 
regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control

[[Page 3881]]

Limitations (CDCCLs). Compliance with these actions and CDCCLs 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 (n)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-0214 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0214 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD.
    Service information specified in EASA AD 2020-0214 that is required 
for compliance with EASA AD 2020-0214 will be available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1169 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections), intervals, or CDCCLs may be used unless the actions, 
intervals, and CDCCLs are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in the 
AMOCs paragraph under ``Other FAA Provisions.'' This new format 
includes a ``New Provisions for Alternative Actions, Intervals, and 
CDCCLs'' paragraph that does not specifically refer to AMOCs, but 
operators may still request an AMOC to use an alternative action, 
interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this proposed AD affects 122 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 2020-07-16 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 proposed 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

    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:
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:

Dassault Aviation: Docket No. FAA-2020-1169; Product Identifier 
MCAI-2020-01373-T.

[[Page 3882]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by March 1, 2021.

(b) Affected ADs

    (1) This AD replaces AD 2020-07-16, Amendment 39-19895 (85 FR 
20405, April 13, 2020) (AD 2020-07-16).
    (2) This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR 
52545, September 4, 2014) (AD 2014-16-23).

(c) Applicability

    This 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.

    Note 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.

(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 and reduced 
control of airplanes due to the failure of system components.

(f) Compliance

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

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

    This paragraph restates 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).

(h) Retained Exceptions to EASA AD 2019-0257, With No Changes

    This 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:
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2019-0257 do not apply to this AD.
    (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).
    (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.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2019-0257 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2019-0257 does not apply 
to this AD.

(i) Retained Provisions for Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs) With a New 
Exception

    This 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.

(j) New Maintenance or Inspection Program Revision

    Except 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. Accomplishing the maintenance or 
inspection program revision required by this paragraph terminates 
the requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2020-0214

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0214 do not apply to this AD.
    (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 AD 2020-0214 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 2020-0214 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.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2019-0257 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0214 does not apply 
to this AD.

(l) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After 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.

(m) Terminating Action for Certain Requirements in AD 2014-16-23

    Accomplishing the actions required by paragraphs (g) or (j) of 
this AD terminates the requirements of paragraph (q) of AD 2014-16-
23.

(n) 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 local Flight 
Standards District 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)(2) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#10293d5146433d5159423d2723203d515d5f53507671713e777f66"><span class="__cf_email__" data-cfemail="6f56422e393c422e263d42585c5f422e22202c2f090e0e41080019">[email protected]</span></a>. 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.
    (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.

[[Page 3883]]

(o) Related Information

    (1) For EASA AD 2020-0214, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#0342477043666270622d6676716c73622d6676"><span class="__cf_email__" data-cfemail="cd8c89be8da8acbeace3a8b8bfa2bdace3a8b8">[email protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu. 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.
    (2) 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; telephone 
and fax 206-231-3226; email <a href="/cdn-cgi/l/email-protection#e99d8684c79b868d9b808e9c8c93a98f8888c78e869f"><span class="__cf_email__" data-cfemail="5e2a3133702c313a2c37392b3b241e383f3f70393128">[email protected]</span></a>.

    Issued on January 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-00105 Filed 1-14-21; 8:45 am]
BILLING CODE 4910-13-P


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