Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20738-20741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07091]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1473; Project Identifier MCAI-2022-00902-T; 
Amendment 39-22363; AD 2023-04-16]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-21-
20, which applied to certain Dassault Aviation Model FALCON 900EX 
airplanes. AD 2020-21-20 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive maintenance requirements and/or airworthiness limitations. 
This AD was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. This AD continues to require 
the actions in AD 2020-21-20 and requires revising the existing 
maintenance or inspection program, as applicable, to incorporate 
additional new or more restrictive airworthiness limitations; as 
specified in European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective May 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 12, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
December 7, 2020 (85 FR 69144, November 2, 2020).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1473; 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, the mandatory continuing airworthiness 
information (MCAI), 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.
    Material Incorporated by Reference:
    <bullet> For EASA material incorporated by reference in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; website easa.europa.eu. You 
may find this material on the EASA website at ad.easa.europa.eu.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
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 at 
regulations.gov under Docket No. FAA-2022-1473.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th Street, Des Moines, WA 98198; telephone 206-231-3226; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-21-20, Amendment 39-21293 (85 FR 
69144, November 2, 2020) (AD 2020-21-20). AD 2020-21-20 applied to 
certain Dassault Aviation Model FALCON 900EX airplanes. AD 2020-21-20 
required revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive maintenance 
requirements and/or airworthiness limitations. The FAA issued AD 2020-
21-20 to address, among other things, fatigue cracking and damage in 
principal structural elements; such fatigue cracking and damage could 
result in reduced structural integrity of the airplane. AD 2020-21-20 
specifies that accomplishing the actions required by paragraph (g) or 
(i) of that AD terminates the requirements of paragraph (g)(1) of AD 
2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010) for 
Dassault Aviation Model FALCON 900EX airplanes, serial number (S/N) 97 
and S/Ns 120 and higher. This AD therefore continues to allow that 
terminating action.
    The NPRM published in the Federal Register on November 18, 2022 (87 
FR 69214). The NPRM was prompted by AD 2022-0141, dated July 7, 2022, 
issued by EASA (EASA AD 2022-0141) (referred to after this as the 
MCAI). The MCAI states that new or more restrictive airworthiness 
limitations have been developed.
    In the NPRM, the FAA proposed to continue to require the actions AD

[[Page 20739]]

2020-21-20. 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 EASA AD 2022-0141.
    The FAA is issuing this AD to address, among other things, fatigue 
cracking and damage in principal structural elements. The unsafe 
condition, if not addressed, could result in reduced structural 
integrity of the airplane. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2022-1473.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment from an anonymous commenter. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Clarify Reason for Proposed AD

    The commenter requested more detail, and clarification of why the 
FAA issued the proposed AD.
    The FAA agrees to clarify. EASA, which is the State of Design 
Authority for the affected airplanes, issued the MCAI to address an 
unsafe condition. The FAA reviewed the MCAI and concurred that an 
unsafe condition is likely to exist or develop in the affected 
airplanes. In order to require affected operators to accomplish the 
proposed actions, the FAA must issue an airworthiness directive. The 
FAA issued the proposed rule to provide interested parties the 
opportunities to provide feedback, which the FAA considered before 
issuing this AD. Once the AD is effective, operators must comply with 
the required actions specified in this AD to ensure the identified 
unsafe condition is addressed. The FAA did not change this AD as a 
result of this comment.

Conclusion

    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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comment received, and determined that air safety requires adopting this 
AD as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. Except for minor editorial changes, 
this AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0141. This service information 
specifies new or more restrictive airworthiness limitations for 
airplane structures and safe life limits.
    This AD also requires EASA AD 2020-0117, dated May 20, 2020, which 
the Director of the Federal Register approved for incorporation by 
reference as of December 7, 2020 (85 FR 69144, November 2, 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.

Costs of Compliance

    The FAA estimates that this AD affects 191 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 2020-21-20 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. 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).

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.

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

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 2020-21-20, Amendment 39-21293 (85 
FR 69144, November 2, 2020); and
0
b. Adding the following new airworthiness directive:

2023-04-16 Dassault Aviation: Amendment 39-22363; Docket No. FAA-
2022-1473; Project Identifier MCAI-2022-00902-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 12, 2023.

(b) Affected ADs

    (1) This AD replaces AD 2020-21-20, Amendment 39-21293 (85 FR 
69144, November 2, 2020) (AD 2020-21-20).
    (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 Dassault Aviation Model FALCON 900EX 
airplanes, serial

[[Page 20740]]

number (S/N) 97 and S/Ns 120 and higher, certificated in any 
category, with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before November 15, 
2021.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address, among other things, fatigue cracking and 
damage in principal structural elements. The unsafe condition, if 
not addressed, 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 the Existing Maintenance or Inspection 
Program, With a New Terminating Action

    This paragraph restates the requirements of paragraph (i) of AD 
2020-21-20, with a new terminating action. For airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before October 2, 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 2020-0117, dated May 
20, 2020 (EASA AD 2020-0117). Accomplishing the revision of the 
existing maintenance or inspection program required by paragraph (j) 
of this AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0117 With No Changes

    This paragraph restates the exceptions specified in paragraph 
(j) of AD 2020-21-20, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0117 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0117 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 2020-0117 within 90 days after December 7, 2020 (the 
effective date of AD 2020-21-20).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2020-0117 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0117, or 
within 90 days after December 7, 2020 (the effective date of AD 
2020-21-20), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2020-0117 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0117 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions and Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2020-21-20, with a new exception. 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) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2020-0117.

(j) New Revision of the Existing Maintenance or Inspection Program

    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 2022-0141, dated July 7, 2022. 
Accomplishing the revision of the existing maintenance or inspection 
program required by this paragraph terminates the requirements of 
paragraph (g) of this AD.

(k) Exceptions to EASA AD 2022-0141

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2022-0141 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0141 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, 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 2022-0141 is at the applicable ``limitations'' 
and ``associated thresholds'' as incorporated by the requirements of 
paragraph (3) of EASA AD 2022-0141, 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 2022-0141 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0141 does not apply 
to this AD.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2022-0141.

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

    Accomplishing the actions required by paragraph (g) or (j) of 
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model FALCON 900EX airplanes, S/N 97 
and S/Ns 120 and higher only.

(n) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (o) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards 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, 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.

(o) Additional Information

    For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
telephone 206-231-3226; email [email protected].

(p) 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 
May 12, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0141, 
dated July 7, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
December 7, 2020 (85 FR 69144, November 2, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0117, 
dated May 20, 2020.
    (ii) [Reserved]
    (5) For EASA ADs 2020-0117 and 2022-0141, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; website easa.europa.eu. You may find these 
EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.
    (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 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 20741]]


    Issued on February 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07091 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-13-P

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