Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66681-66683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21103]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1403; Project Identifier MCAI-2023-00479-T; 
Amendment 39-22548; AD 2023-18-07]
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) 2020-03-
19, which applied to certain Dassault Aviation Model MYSTERE-FALCON 20-
C5, 20-D5, 20-E5, and 20-F5 airplanes. AD 2020-03-19 required revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. This AD 
continues to require the actions in AD 2020-03-19 and 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 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 publication listed in this AD as of April 2, 
2020 (85 FR 11280, February 27, 2020).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1403; 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. It is 
also available at regulations.gov under Docket No. FAA-2023-1403.
    <bullet> For Dassault service information incorporated by reference 
in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, 
P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-440-6700; 
website dassaultfalcon.com.
    <bullet> You may view this service information 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 at 
regulations.gov under Docket No. FAA-2023-1403.

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 2020-03-19, Amendment 39-19843 (85 FR 
11280, February 27, 2020) (AD 2020-03-19). AD 2020-03-19 applied to 
certain Dassault Aviation Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 
20-F5 airplanes. AD 2020-03-19 required revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. The FAA issued AD 2020-03-
19 to address fatigue cracking, damage, and corrosion in principal 
structural elements, which could result in reduced structural integrity 
of the airplane.
    The NPRM published in the Federal Register on July 11, 2023 (88 FR 
44065). The NPRM was prompted by EASA AD 2023-0058, dated March 16, 
2023, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (referred to after this 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-2023-1403.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2020-03-19. In the NPRM, the FAA 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 an EASA AD. The FAA is issuing this AD to 
address fatigue cracking, damage, and corrosion in principal structural 
elements. The unsafe condition, if not addressed, could result in 
reduced structural integrity of the airplane.

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.

[[Page 66682]]

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0058. This service information 
specifies procedures for airworthiness limitations for safe life limits 
and certification maintenance requirements.
    This AD also requires Chapter 5-40-00, Airworthiness Limitations, 
of the Dassault Falcon 20 Retrofit 731 Maintenance Manual, Revision 13, 
dated January 1, 2019, which the Director of the Federal Register 
approved for incorporation by reference as of April 2, 2020 (85 FR 
11280, February 27, 2020).
    This service information 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 56 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 2020-03-19 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

    The 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.
    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 (AD) 2020-03-19, Amendment 39-19843 
(85 FR 11280, February 27, 2020); and
0
b. Adding the following new AD:

2023-18-07 Dassault Aviation: Amendment 39-22548; Docket No. FAA-
2023-1403; Project Identifier MCAI-2023-00479-T.

(a) Effective Date

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

(b) Affected ADs

    (1) This AD replaces AD 2020-03-19, Amendment 39-19843 (85 FR 
11280, February 27, 2020) (AD 2020-03-19).
    (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 MYSTERE-FALCON 20-C5, 
20-D5, 20-E5, and 20-F5 airplanes, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2023-
0058, dated March 16, 2023 (EASA AD 2023-0058).

(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 fatigue cracking, damage, and corrosion 
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 (g) of AD 
2020-03-19, with a new terminating action. Within 90 days after 
April 2, 2020 (the effective date of AD 2020-03-19), revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Chapter 5-40-00, 
Airworthiness Limitations, of the Dassault Falcon 20 Retrofit 731 
Maintenance Manual, Revision 13, dated January 1, 2019. The initial 
compliance time for doing the tasks is at the time specified in 
Chapter 5-40-00, Airworthiness Limitations, of the Dassault Falcon 
20 Retrofit 731 Maintenance Manual, Revision 13, dated January 1, 
2019, or within 90 days after April 2, 2020, whichever occurs later. 
Accomplishing the revision of the existing maintenance or inspection 
program required by paragraph (i) of this AD terminates the 
requirements of this paragraph.

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

    This paragraph restates the requirements of paragraph (h) of AD 
2020-03-19, 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 are allowed 
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 Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2023-0058. Accomplishing the revision of 
the existing maintenance or inspection program required by this 
paragraph terminates the requirements of paragraph (g) of this AD.

[[Page 66683]]

(j) Exceptions to EASA AD 2023-0058

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0058.
    (2) Paragraph (3) of EASA AD 2023-0058 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 2023-0058 is at the applicable 
``limitations'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2023-0058, 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 2023-0058.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0058.

(k) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) 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 2023-0058.

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

    Accomplishing the actions required by paragraph (g) or (i) of 
this AD terminates all requirements of paragraph (g)(1) of AD 2010-
26-05 for Dassault Aviation Model MYSTERE-FALCON 20-C5, 20-D5, 20-
E5, and 20-F5 airplanes, except those on which the Dassault Aviation 
MYSTERE-FALCON 20 Supplemental Structural Inspection Program has 
been embodied, only.

(m) 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 (n) 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.

(n) Additional Information

    For more information about this AD, contact Tom Rodriguez, 
Aviation Safety Engineer, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; phone: 206-231-3226; email: [email protected].

(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 
November 2, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0058, 
dated March 16, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
April 2, 2020 (85 FR 11280, February 27, 2020).
    (i) Chapter 5-40-00, Airworthiness Limitations, of the Dassault 
Falcon 20 Retrofit 731 Maintenance Manual, Revision 13, dated 
January 1, 2019.
    (ii) [Reserved]
    (5) For EASA AD 2023-0058, 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 EASA 
AD on the EASA website at ad.easa.europa.eu.
    (6) For Dassault service information incorporated by reference 
in this AD, contact Dassault Falcon Jet Corporation, Teterboro 
Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-
440-6700; website dassaultfalcon.com.
    (7) You may view this service information 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.
    (8) 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 [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. 2023-21103 Filed 9-27-23; 8:45 am]
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