Proposed Rule2023-17353
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
August 14, 2023
Effective
July 21, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is correcting a notice of proposed rulemaking (NPRM) that was published in the Federal Register. The NPRM proposed to issue an airworthiness directive (AD) that would apply to all Dassault Aviation Model MYSTERE-FALCON 900 airplanes. As published, the docket number referenced throughout the NPRM is incorrect. This document corrects that error. In all other respects, the original document remains the same; however, for clarity, the FAA is publishing the entire proposed rule in the Federal Register.
Full Text
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<title>Federal Register, Volume 88 Issue 155 (Monday, August 14, 2023)</title>
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[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54933-54935]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17353]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1502; Project Identifier MCAI-2023-00380-T]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Proposed rule; correction.
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SUMMARY: The FAA is correcting a notice of proposed rulemaking (NPRM)
that was published in the Federal Register. The NPRM proposed to issue
an airworthiness directive (AD) that would apply to all Dassault
Aviation Model MYSTERE-FALCON 900 airplanes. As published, the docket
number referenced throughout the NPRM is incorrect. This document
corrects that error. In all other respects, the original document
remains the same; however, for clarity, the FAA is publishing the
entire proposed rule in the Federal Register.
DATES: The last date for submitting comments on the NPRM (88 FR 47086,
July 21, 2023) remains September 5, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1502; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221
[[Page 54934]]
8999 000; email <a href="/cdn-cgi/l/email-protection#2564615665404456440b4050574a55440b4050"><span class="__cf_email__" data-cfemail="37767344775256445619524245584756195242">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1502.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone: 206-231-3226; email <a href="/cdn-cgi/l/email-protection#5d293230732f32392f343a2838271d3b3c3c733a322b"><span class="__cf_email__" data-cfemail="65110a084b170a01170c0210001f250304044b020a13">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1502; Project Identifier
MCAI-2023-00380-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Tom
Rodriguez, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone: 206-231-3226; email
<a href="/cdn-cgi/l/email-protection#acd8c3c182dec3c8dec5cbd9c9d6eccacdcd82cbc3da"><span class="__cf_email__" data-cfemail="e0948f8dce928f8492898795859aa0868181ce878f96">[email protected]</span></a>. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The FAA issued an NPRM (88 FR 47086, July 21, 2023) that would
apply to all Dassault Aviation Model MYSTERE-FALCON 900 airplanes. The
NPRM proposed to supersede AD 2023-04-10, Amendment 39-22357 (88 FR
20743, April 7, 2023) (AD 2023-04-10), for all Dassault Aviation Model
MYSTERE-FALCON 900 airplanes. AD 2023-04-10 requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations.
The NPRM proposed to continue to require the actions in AD 2023-04-
10 and would require 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 2023-0046, dated March 2, 2023. The NPRM was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. The FAA is proposing this AD to address
reduced structural integrity of the airplane.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2023-0046. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This proposed AD would also require EASA AD 2022-0137, which the
Director of the Federal Register approved for incorporation by
reference as of May 12, 2023 (88 FR 20743, 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 ADDRESSES.
Need for the Correction
As published, the docket number referenced throughout the NPRM is
incorrect. The NPRM incorrectly references ``Docket No. FAA-2023-
1501.'' The correct docket number is ``Docket No. FAA-2023-1502.''
Although no other part of the preamble or regulatory information
has been corrected, for clarity the FAA is publishing the entire
proposed rule in the Federal Register.
The comment due date of the NPRM remains September 5, 2023.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 [Corrected]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2023-04-10, Amendment 39-22357
(88 FR 20743, April 7, 2023); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2023-1502; Project Identifier
MCAI-2023-00380-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 5, 2023.
(b) Affected ADs
(1) This AD replaces AD 2023-04-10, Amendment 39-22357 (88 FR
20743, April 7, 2023) (AD 2023-04-10).
(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
900 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 (j) of AD
2023-04-10, 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 2022-0137, dated July 6, 2022 (EASA AD 2022-0137).
[[Page 54935]]
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 2022-0137, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-04-10, with no changes.
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2022-0137.
(2) Paragraph (3) of EASA AD 2022-0137 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 2023-04-10).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0137 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0137, or within 90
days after May 12, 2023 (the effective date of AD 2023-04-10),
whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2022-0137.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0137
(i) Retained Restrictions on Alternative Actions or Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (l) of AD
2023-04-10, 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) or intervals are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2022-0137.
(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 2023-0046, dated March 2, 2023 (EASA AD
2023-0046). 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 2023-0046
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0046.
(2) Paragraph (3) of EASA AD 2023-0046 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 2023-0046 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0046, 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 2023-0046.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0046.
(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 2023-0046.
(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 MYSTERE-FALCON 900 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: <a href="/cdn-cgi/l/email-protection#ccf5e18d9a9fe18d859ee1fbfffce18d81838f8caaadade2aba3ba"><span class="__cf_email__" data-cfemail="497064081f1a6408001b647e7a79640804060a092f2828672e263f">[email protected]</span></a>. 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
<a href="/cdn-cgi/l/email-protection#0e7a6163207c616a7c67697b6b744e686f6f20696178"><span class="__cf_email__" data-cfemail="40342f2d6e322f2432292735253a002621216e272f36">[email protected]</span></a>.
(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
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency (EASA) AD 2023-0046,
dated March 2, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
May 12, 2023 (88 FR 20743, April 7, 2023).
(i) European Union Aviation Safety Agency (EASA) AD 2022-0137,
dated July 6, 2022.
(ii) [Reserved]
(5) For EASA ADs 2023-0046 and 2022-0137, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email <a href="/cdn-cgi/l/email-protection#d8999cab98bdb9abb9f6bdadaab7a8b9f6bdad"><span class="__cf_email__" data-cfemail="4a0b0e390a2f2b392b642f3f38253a2b642f3f">[email protected]</span></a>; website easa.europa.eu. You may find these
EASA ADs on the EASA website at ad.easa.europa.eu.
(6) 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.
(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
<a href="/cdn-cgi/l/email-protection#e78195c98e8994978284938e8889a789869586c9808891"><span class="__cf_email__" data-cfemail="761004581f1805061315021f1918361817041758111900">[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 August 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17353 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P
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