Rule2023-07751
Airworthiness Directives; Dassault Aviation Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 13, 2023
Effective
May 18, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2017-09-03 and AD 2018-20-07, which applied to all Dassault Aviation Model MYSTERE-FALCON 50 airplanes. AD 2017-09-03 and AD 2018-20-07 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 the actions in AD 2018-20-07 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.
Full Text
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<title>Federal Register, Volume 88 Issue 71 (Thursday, April 13, 2023)</title>
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[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Rules and Regulations]
[Pages 22374-22377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07751]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0013; Project Identifier MCAI-2022-01085-T;
Amendment 39-22384; AD 2023-05-15]
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) 2017-09-03
and AD 2018-20-07, which applied to all Dassault Aviation Model
MYSTERE-FALCON 50 airplanes. AD 2017-09-03 and AD 2018-20-07 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
the actions in AD 2018-20-07 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.
[[Page 22375]]
DATES: This AD is effective May 18, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 18,
2023.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
November 7, 2018 (83 FR 49789, October 3, 2018).
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0013; 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 the EASA AD incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#a2e3e6d1e2c7c3d1c38cc7d7d0cdd2c38cc7d7"><span class="__cf_email__" data-cfemail="e7a6a394a782869486c9829295889786c98292">[email protected]</span></a>; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
<bullet> For Dassault Falcon 50/50EX 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 <a href="http://dassaultfalcon.com">dassaultfalcon.com</a>.
<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
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0013.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3226; email
<a href="/cdn-cgi/l/email-protection#2652494b08544942544f4153435c6640474708414950"><span class="__cf_email__" data-cfemail="a1d5cecc8fd3cec5d3c8c6d4c4dbe1c7c0c08fc6ced7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-09-03, Amendment 39-18865 (82 FR
21467, May 9, 2017) (AD 2017-09-03) and AD 2018-20-07, Amendment 39-
19441 (83 FR 49789, October 3, 2018) (AD 2018-20-07). AD 2017-09-03 and
AD 2018-20-07 applied to all Dassault Aviation Model MYSTERE-FALCON 50
airplanes. AD 2017-09-03 and AD 2018-20-07 required revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
issued AD 2017-09-03 and AD 2018-20-07 to address reduced structural
integrity of the airplane.
AD 2018-20-07 specifies that accomplishing the revision required by
that AD terminates all requirements of AD 2017-09-03. AD 2018-20-07
also specifies that it terminates the requirements of AD 2010-26-05,
Amendment 39-16544 (75 FR 79952, December 21, 2010) (AD 2010-26-05) and
AD 2012-02-18, Amendment 39-16941 (77 FR 12175, February 29, 2012) (AD
2012-02-18) for certain Dassault Aviation Model MYSTERE-FALCON 50
airplanes. AD 2012-02-18 has since been removed (84 FR 11640, March 28,
2019). This AD therefore supersedes AD 2017-09-03 and terminates the
requirements of AD 2010-26-05 for Dassault Aviation Model MYSTERE-
FALCON 50 airplanes only.
The NPRM published in the Federal Register on January 13, 2023 (88
FR 2292). The NPRM was prompted by AD 2022-0166, dated August 11, 2022,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2022-0166) (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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0013.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2018-20-07 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 2022-
0166. The FAA is issuing this AD to address 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.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2022-0166. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This AD also requires Chapter 5-40, Airworthiness Limitations, DGT
113872, Revision 24, dated July 2017, of the Dassault Falcon 50/50EX
Maintenance Manual, which the Director of the Federal Register approved
for incorporation by reference as of November 7, 2018 (83 FR 49789,
October 3, 2018).
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 ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 239 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 2018-20-07 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
[[Page 22376]]
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) 2017-09-03, Amendment 39-18865
(82 FR 21467, May 9, 2017) and AD 2018-20-07, Amendment 39-19441 (83 FR
49789, October 3, 2018); and
0
b. Adding the following new airworthiness directive:
2023-05-15 Dassault Aviation: Amendment 39-22384; Docket No. FAA-
2023-0013; Project Identifier MCAI-2022-01085-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 18, 2023.
(b) Affected ADs
(1) This AD replaces AD 2017-09-03, Amendment 39-18865 (82 FR
21467, May 9, 2017) (AD 2017-09-03) and AD 2018-20-07, Amendment 39-
19441 (83 FR 49789, October 3, 2018) (AD 2018-20-07).
(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 MYSTERE-FALCON 50
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 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 No Changes
This paragraph restates the requirements of paragraph (g) of AD
2018-20-07, with no changes. Within 90 days after November 7, 2018
(the effective date of AD 2018-20-07), revise the maintenance or
inspection program, as applicable, to incorporate the information
specified in Chapter 5-40, Airworthiness Limitations, DGT 113872,
Revision 24, dated July 2017, of the Dassault Falcon 50/50EX
Maintenance Manual. The initial compliance times for doing the tasks
are at the time specified in Chapter 5-40, Airworthiness
Limitations, DGT 113872, Revision 24, dated July 2017, of the
Dassault Falcon 50/50EX Maintenance Manual, or within 90 days after
November 7, 2018, 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 and Intervals With No
Changes
This paragraph restates the requirements of paragraph (h) of AD
2018-20-07, with no changes. After the 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 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, European Union Aviation Safety Agency (EASA) AD
2022-0166, dated August 11, 2022 (EASA AD 2022-0166). Accomplishing
the maintenance or inspection program revision specified in EASA AD
2022-0166 as required by this paragraph terminates the requirements
of paragraph (g) of this AD.
(j) Exceptions to EASA AD 2022-0166
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0166 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0166 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 2022-0166 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0166, 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 2022-0166 do not apply to this AD.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0166.
(k) New Provisions for Alternative Actions and Intervals
After the 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 they are approved as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2022-0166.
(l) Terminating Actions for AD 2010-26-05
Accomplishing the actions required by paragraph (g) or (i) of
this AD terminates the requirements of AD 2010-26-05 for Dassault
Aviation Model MYSTERE-FALCON 50 airplanes 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: <a href="/cdn-cgi/l/email-protection#360f1b7760651b777f641b0105061b777b79757650575718515940"><span class="__cf_email__" data-cfemail="84bda9c5d2d7a9c5cdd6a9b3b7b4a9c5c9cbc7c4e2e5e5aae3ebf2">[email protected]</span></a>. Before using any approved AMOC, notify
[[Page 22377]]
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,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-231-3226; email <a href="/cdn-cgi/l/email-protection#82f6edefacf0ede6f0ebe5f7e7f8c2e4e3e3ace5edf4"><span class="__cf_email__" data-cfemail="d0a4bfbdfea2bfb4a2b9b7a5b5aa90b6b1b1feb7bfa6">[email protected]</span></a>.
(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
May 18, 2023.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0166,
dated August 11, 2022.
(ii) [Reserved]
(4) The following service information was approved for IBR on
November 7, 2018 (83 FR 49789, October 3, 2018).
(i) Chapter 5-40, Airworthiness Limitations, DGT 113872,
Revision 24, dated July 2017, of the Dassault Falcon 50/50EX
Maintenance Manual.
(ii) [Reserved]
(5) For EASA AD 2022-0166, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#5312172013363220327d3626213c23327d3626"><span class="__cf_email__" data-cfemail="2160655261444052400f4454534e51400f4454">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(6) For Dassault Falcon 50/50EX service information, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone 201-440-6700; website
<a href="http://dassaultfalcon.com">dassaultfalcon.com</a>.
(7) 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.
(8) 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
<a href="/cdn-cgi/l/email-protection#bfd9cd91d6d1cccfdadccbd6d0d1ffd1decdde91d8d0c9"><span class="__cf_email__" data-cfemail="2345510d4a4d50534640574a4c4d634d4251420d444c55">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on March 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07751 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-13-P
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