Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66683-66686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21100]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1405; Project Identifier MCAI-2023-00381-T; 
Amendment 39-22550; AD 2023-18-09]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-04-
16, which applied to certain Dassault Aviation Model FALCON 900EX 
airplanes. AD 2023-04-16 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. Since the FAA issued AD 2023-04-
16, the FAA has determined that new or more restrictive airworthiness 
limitations are necessary. This AD continues to require the actions in 
AD 2023-04-16, and also 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. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective November 2, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 2, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of May 
12, 2023 (88 FR 20738, April 7, 2023).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1405; 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:

[[Page 66684]]

    <bullet> For 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 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-2023-1405.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
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 2023-04-16, Amendment 39-22363 (88 FR 
20738, April 7, 2023) (AD 2023-04-16). AD 2023-04-16 applied to certain 
Dassault Aviation Model FALCON 900EX airplanes. AD 2023-04-16 required 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA issued AD 2023-04-16 to address reduced structural integrity of the 
airplane.
    The NPRM published in the Federal Register on July 12, 2023 (88 FR 
44228). The NPRM was prompted by AD 2023-0047, dated March 2, 2023, 
issued by EASA (EASA AD 2023-0047) (also referred to as the MCAI). The 
MCAI states that new or more restrictive airworthiness limitations have 
been developed. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2023-1405.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2023-04-16 and would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, as specified in EASA AD 2023-
0047. The FAA is issuing this AD to address the unsafe condition on 
these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

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 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 2023-0047. This service information 
specifies new or more restrictive airworthiness limitations for 
airplane structures and safe life limits.
    This AD also requires EASA AD 2022-0141, dated July 7, 2022, which 
the Director of the Federal Register approved for incorporation by 
reference as of May 12, 2023 (88 FR 20738, April 7, 2023).
    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 144 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 2023-04-16 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. 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 2023-04-16, Amendment 39-22363 (88 
FR 20738, April 7, 2023); and
0
b. Adding the following new Airworthiness Directive:


[[Page 66685]]


2023-18-09 Dassault Aviation: Amendment 39-22550; Docket No. FAA-
2023-1405; Project Identifier MCAI-2023-00381-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 2, 2023.

(b) Affected ADs

    (1) This AD replaces AD 2023-04-16, Amendment 39-22363 (88 FR 
20738, April 7, 2023) (AD 2023-04-16).
    (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 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, 2022.

(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 (j) of AD 
2023-04-16, with a new terminating action. For airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before November 15, 2021: 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 2022-0141, dated 
July 7, 2022 (EASA AD 2022-0141). 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 2022-0141, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(k) of AD 2023-04-16, with no changes.
    (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 May 12, 2023 (the effective date 
of AD 2023-04-16).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 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 May 12, 2023 (the effective date of AD 2023-04-16), 
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.

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

    This paragraph restates the requirements of paragraph (l) of AD 
2023-04-16, 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 2022-0141.

(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 2023-0047, dated March 2, 2023 (EASA AD 
2023-0047). 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 2023-0047

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0047.
    (2) Paragraph (3) of EASA AD 2023-0047 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 AD 2023-0047 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2023-0047, or within 90 
days after the effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in 
paragraphs (4) and (5) of EASA AD 2023-0047.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0047.

(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 2023-0047.

(m) Terminating Action for 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 manager of the 
International Validation Branch, mail it to the attention address 
identified in paragraph (o) of this AD or email to: [email protected]. If mailing information, also submit information by 
email. 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, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; 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 
November 2, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0047, 
dated March 2, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
May 12, 2023 (88 FR 20738, April 7, 2023).
    (i) EASA AD 2022-0141, dated July 7, 2022.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0141 and 2023-0047, 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

[[Page 66686]]

EASA ADs on the EASA website 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.

    Issued on September 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-21100 Filed 9-27-23; 8:45 am]
BILLING CODE 4910-13-P

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