Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Rules and Regulations]
[Pages 81342-81344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25832]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1804; Project Identifier MCAI-2023-00675-T; 
Amendment 39-22596; AD 2023-22-12]
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-
18, which applied to all Dassault Aviation Model FALCON 2000 airplanes. 
AD 2023-04-18 required revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. This AD was prompted by a determination that 
new or more restrictive airworthiness limitations are necessary. This 
AD continues to require certain actions in AD 2023-04-18 and 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 December 27, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 27, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
18, 2023 (88 FR 15607, March 14, 2023).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1804; 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 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 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 at 
regulations.gov under Docket No. FAA-2023-1804.

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 2023-04-18, Amendment 39-22365 (88 FR 
15607, March 14, 2023) (AD 2023-04-18). AD 2023-04-18 applied to all 
Dassault Aviation Model FALCON 2000 airplanes. AD 2023-04-18 required 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA issued AD 2023-04-18 to address reduced controllability of the 
airplane. AD 2023-04-18 specified that accomplishing the revision 
required by that AD terminates certain requirements of AD 2010-26-05, 
Amendment 39-16544 (75 FR 79952, December 21, 2010) (AD 2010-26-05) for 
Model FALCON 2000 airplanes only. This AD therefore continues to allow 
that terminating action.
    The NPRM published in the Federal Register on August 30, 2023 (88 
FR 59815). The NPRM was prompted by AD 2023-0099, dated May 11, 2023, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2023-0099) (also referred to 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 certain 
actions in AD 2023-04-18 and to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2023-0099. The FAA is issuing this AD to address reduced 
controllability of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1804.

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

    EASA AD 2023-0099 specifies new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires EASA AD 2022-0135, dated July 6, 2022, which 
the Director of the Federal Register approved for incorporation by 
reference as of April 18, 2023 (88 FR 15607, March 14, 2023).

[[Page 81343]]

    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 168 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 2021-03-11 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 (AD) 2023-04-18, Amendment 39-22365 
(88 FR 15607, March 14, 2023); and
0
b. Adding the following new AD:

2023-22-12 Dassault Aviation: Amendment 39-22596; Docket No. FAA-
2023-1804; Project Identifier MCAI-2023-00675-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 27, 
2023.

(b) Affected ADs

    (1) This AD replaces AD 2023-04-18, Amendment 39-22365 (88 FR 
15607, March 14, 2023) (AD 2023-04-18).
    (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 FALCON 2000 
airplanes, certificated in any category.

(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 reduced controllability 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 No Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2023-04-18, with no changes. 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 2022-0135, dated July 6, 2022 (EASA AD 2022-0135). 
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 2022-0135, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(k) of AD 2023-04-18, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2022-0135 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0135 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 April 18, 2023 (the effective 
date of AD 2023-04-18).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2022-0135 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2022-0135, or within 90 
days after April 18, 2023 (the effective date of AD 2023-04-18), 
whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2022-0135 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0135 does not apply 
to this AD.

(i) Retained No Alternative Actions or Intervals With a New Exception

    This paragraph restates the requirements of paragraph (l) of AD 
2023-04-18, with a new exception. Except as required by paragraph 
(j) 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 they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2022-0135.

(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 2023-0099, dated May 11, 2023 (EASA AD 
2023-0099). 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 2023-0099

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0099.

[[Page 81344]]

    (2) Paragraph (3) of EASA AD 2023-0099 specifies revising ``the 
approved AMP [aircraft maintenance program]'' 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 2023-0099 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2023-0099, 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 2023-0099.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0099.

(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 2023-0099.

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

    Accomplishing the actions required by paragraphs (g) or (j) of 
this AD terminates the requirements of paragraph (g) of AD 2010-26-
05 for Model FALCON 2000 airplanes 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, 
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 
December 27, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0099, 
dated May 11, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
April 18, 2023 (88 FR 15607, March 14, 2023).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0135, 
dated July 6, 2022.
    (ii) [Reserved]
    (5) For EASA ADs 2023-0099 and 2022-0135, 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 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.
    (7) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 16, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-25832 Filed 11-21-23; 8:45 am]
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