Airworthiness Directives; Dassault Aviation Airplanes

[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76401-76403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21179]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1473; Project Identifier MCAI-2024-00195-T; 
Amendment 39-22817; AD 2024-16-11]
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 adopting a new airworthiness directive (AD) for all 
Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by 
reports of excessive thickness of the trailing edge of certain 
ailerons, which may affect the assembly of the rear spar with the lower 
and upper skins. This AD requires a one-time ultrasonic or visual 
inspection of the aileron rear spar and trailing edge areas, and 
applicable corrective actions, 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 October 23, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 23, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1473; 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 identified 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 at regulations.gov 
under Docket No. FAA-2024-1473.

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 by adding an AD that would apply on all Dassault Aviation 
Model FALCON 7X airplanes. The NPRM published in the Federal Register 
on May 23, 2024 (89 FR 45612). The NPRM was prompted by AD 2024-0076, 
dated March 19, 2024, issued by EASA, which is the Technical Agent for 
the Member States of the European Union (EASA AD 2024-0076) (also 
referred to as the MCAI). The MCAI states that excessive

[[Page 76402]]

thickness was found on the trailing edge of certain ailerons, which may 
affect the assembly of the rear spar with the lower and upper skins. 
The unsafe condition, if not addressed, could result in reduced 
structural integrity of the aileron.
    In the NPRM, the FAA proposed to require a one-time ultrasonic or 
visual inspection of the aileron rear spar and trailing edge areas, and 
applicable corrective actions, as specified in EASA AD 2024-0076. The 
FAA is issuing this AD to address the unsafe condition on these 
products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1473.

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.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0076 specifies procedures for one-time ultrasonic and 
visual inspections for discrepancies (excessive paint thickness) of the 
aileron rear spar and trailing edge areas, and repair of discrepant 
parts. 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 160 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
21 work-hours x $85 per hour = $1,785........................            $324           $2,109         $337,440
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
             Labor cost                 Parts cost     Cost per product
------------------------------------------------------------------------
11 work-hours x $85 per hour = $935            $296              $1,231
------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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 adding the following new airworthiness 
directive:


[[Page 76403]]


2024-16-11 Dassault Aviation: Amendment 39-22817; Docket No. FAA-
2024-1473; Project Identifier MCAI-2024-00195-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 23, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 7X 
airplanes, certificated in any category.
    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: 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of excessive thickness of the 
trailing edge of certain ailerons, which may affect the assembly of 
the rear spar with the lower and upper skins. The FAA is issuing 
this AD to address the thickness of the trailing edge of certain 
ailerons. The unsafe condition, if not addressed, could result in 
reduced structural integrity of the aileron.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2024-0076, dated March 19, 2024 (EASA AD 2024-0076).

(h) Exceptions to EASA AD 2024-0076

    (1) Where paragraph (3) of EASA AD 2024-0076 specifies to 
``contact Dassault for approved corrective action(s) instructions 
and accomplish those instructions accordingly,'' this AD requires 
replacing that text with ``repair the discrepancy using a method 
approved by the Manager, International Validation Branch, FAA; or 
EASA; or Dassault's EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.''
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0076.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2024-0076 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (k) 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 DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(k) 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].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2024-0076, 
dated March 19, 2024.
    (ii) [Reserved]
    (3) For EASA AD 2024-0076, 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 ad.easa.europa.eu.
    (4) 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.
    (5) 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 September 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-21179 Filed 9-17-24; 8:45 am]
BILLING CODE 4910-13-P

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