Rule2023-21100
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
September 28, 2023
Effective
November 2, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2023-04- 16, which applied to certain Dassault Aviation Model FALCON 900EX airplanes. AD 2023-04-16 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2023-04- 16, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2023-04-16, and also 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 187 (Thursday, September 28, 2023)</title>
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[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66683-66686]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21100]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1405; Project Identifier MCAI-2023-00381-T;
Amendment 39-22550; AD 2023-18-09]
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-
16, which applied to certain Dassault Aviation Model FALCON 900EX
airplanes. AD 2023-04-16 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2023-04-
16, the FAA has determined that new or more restrictive airworthiness
limitations are necessary. This AD continues to require the actions in
AD 2023-04-16, and also 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 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 other publication listed in this AD as of May
12, 2023 (88 FR 20738, April 7, 2023).
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1405; 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:
[[Page 66684]]
<bullet> For material 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#da9b9ea99abfbba9bbf4bfafa8b5aabbf4bfaf"><span class="__cf_email__" data-cfemail="39787d4a795c584a58175c4c4b564958175c4c">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website 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 in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1405.
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#681c0705461a070c1a010f1d0d12280e0909460f071e"><span class="__cf_email__" data-cfemail="8efae1e3a0fce1eafce7e9fbebf4cee8efefa0e9e1f8">[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 2023-04-16, Amendment 39-22363 (88 FR
20738, April 7, 2023) (AD 2023-04-16). AD 2023-04-16 applied to certain
Dassault Aviation Model FALCON 900EX airplanes. AD 2023-04-16 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2023-04-16 to address reduced structural integrity of the
airplane.
The NPRM published in the Federal Register on July 12, 2023 (88 FR
44228). The NPRM was prompted by AD 2023-0047, dated March 2, 2023,
issued by EASA (EASA AD 2023-0047) (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-2023-1405.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2023-04-16 and would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in EASA AD 2023-
0047. The FAA is issuing this AD to address the unsafe condition on
these products.
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 2023-0047. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This AD also requires EASA AD 2022-0141, dated July 7, 2022, which
the Director of the Federal Register approved for incorporation by
reference as of May 12, 2023 (88 FR 20738, 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 the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 144 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 2023-04-16 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 2023-04-16, Amendment 39-22363 (88
FR 20738, April 7, 2023); and
0
b. Adding the following new Airworthiness Directive:
[[Page 66685]]
2023-18-09 Dassault Aviation: Amendment 39-22550; Docket No. FAA-
2023-1405; Project Identifier MCAI-2023-00381-T.
(a) Effective Date
This airworthiness directive (AD) is effective November 2, 2023.
(b) Affected ADs
(1) This AD replaces AD 2023-04-16, Amendment 39-22363 (88 FR
20738, April 7, 2023) (AD 2023-04-16).
(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 FALCON 900EX
airplanes, serial number (S/N) 97 and S/Ns 120 and higher,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before November 15, 2022.
(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 among other things, fatigue cracking and
damage 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 (j) of AD
2023-04-16, with a new terminating action. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before November 15, 2021: 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 2022-0141, dated
July 7, 2022 (EASA AD 2022-0141). 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 2022-0141, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-04-16, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0141 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0141 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 2023-04-16).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0141 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0141, or within 90
days after May 12, 2023 (the effective date of AD 2023-04-16),
whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0141 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2022-0141 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (l) of AD
2023-04-16, 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) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0141.
(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 2023-0047, dated March 2, 2023 (EASA AD
2023-0047). 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 2023-0047
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0047.
(2) Paragraph (3) of EASA AD 2023-0047 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 2023-0047 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0047, 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 2023-0047.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0047.
(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 2023-0047.
(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 FALCON 900EX airplanes, S/N 97
and S/Ns 120 and higher 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 manager of the
International Validation Branch, mail it to the attention address
identified in paragraph (o) of this AD or email to: <a href="/cdn-cgi/l/email-protection#ad9480ecfbfe80ece4ff809a9e9d80ece0e2eeedcbcccc83cac2db"><span class="__cf_email__" data-cfemail="744d5935222759353d26594347445935393b37341215155a131b02">[email protected]</span></a>. If mailing information, also submit information by
email. 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#8bffe4e6a5f9e4eff9e2ecfeeef1cbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="a9ddc6c487dbc6cddbc0cedcccd3e9cfc8c887cec6df">[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
November 2, 2023.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0047,
dated March 2, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
May 12, 2023 (88 FR 20738, April 7, 2023).
(i) EASA AD 2022-0141, dated July 7, 2022.
(ii) [Reserved]
(5) For EASA ADs 2022-0141 and 2023-0047, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email <a href="/cdn-cgi/l/email-protection#e4a5a097a481859785ca8191968b9485ca8191"><span class="__cf_email__" data-cfemail="1d5c596e5d787c6e7c3378686f726d7c337868">[email protected]</span></a>; website easa.europa.eu. You may find these
[[Page 66686]]
EASA ADs on the EASA website ad.easa.europa.eu.
(6) 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.
(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#6f091d4106011c1f0a0c1b0600012f010e1d0e41080019"><span class="__cf_email__" data-cfemail="066074286f6875766365726f6968466867746728616970">[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 September 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-21100 Filed 9-27-23; 8:45 am]
BILLING CODE 4910-13-P
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