Proposed Rule2024-04563
Airworthiness Directives; Dassault Aviation Airplanes
Primary source
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Published
March 6, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-02-10, which applies to certain Dassault Aviation Model FALCON 7X, FALCON 900EX, and FALCON 2000EX airplanes. AD 2022-02-10 requires replacement of certain titanium screws. Since the FAA issued AD 2022- 02-10, affected parts have been found in other areas of certain Falcon 7X airplanes as well as in additional Falcon 7X airplanes. This proposed AD would continue to require the actions in AD 2022-02-10, add other locations for screw replacement, and revise the applicability, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 45 (Wednesday, March 6, 2024)</title>
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[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Proposed Rules]
[Pages 15965-15967]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04563]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 /
Proposed Rules
[[Page 15965]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0457; Project Identifier MCAI-2023-01207-T]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-02-10, which applies to certain Dassault Aviation Model FALCON 7X,
FALCON 900EX, and FALCON 2000EX airplanes. AD 2022-02-10 requires
replacement of certain titanium screws. Since the FAA issued AD 2022-
02-10, affected parts have been found in other areas of certain Falcon
7X airplanes as well as in additional Falcon 7X airplanes. This
proposed AD would continue to require the actions in AD 2022-02-10, add
other locations for screw replacement, and revise the applicability, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by April 22,
2024.
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-2024-0457; 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 the EASA AD identified in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email <a href="/cdn-cgi/l/email-protection#4a0b0e390a2f2b392b642f3f38253a2b642f3f"><span class="__cf_email__" data-cfemail="4e0f0a3d0e2b2f3d2f602b3b3c213e2f602b3b">[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-2024-0457.
<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.
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#21554e4c0f534e4553484654445b614740400f464e57"><span class="__cf_email__" data-cfemail="99edf6f4b7ebf6fdebf0feecfce3d9fff8f8b7fef6ef">[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-2024-0457; Project Identifier
MCAI-2023-01207-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#2c584341025e43485e454b5949566c4a4d4d024b435a"><span class="__cf_email__" data-cfemail="3743585a19455853455e5042524d7751565619505841">[email protected]</span></a>. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2022-02-10, Amendment 39-21907 (87 FR 7025,
February 8, 2022) (AD 2022-02-10), for certain Dassault Aviation Model
FALCON 7X, FALCON 900EX, and FALCON 2000EX airplanes. AD 2022-02-10 was
prompted by MCAI originated by EASA, which is the Technical Agent for
the Member States of the European Union. EASA issued AD 2021-0047,
dated February 16, 2021, to correct an unsafe condition.
AD 2022-02-10 requires replacement of certain titanium screws. The
FAA issued AD 2022-02-10 to address failure of an affected screw
installed in a critical location, possibly resulting in reduced
structural integrity of the airplane. See the MCAI for additional
background information.
Actions Since AD 2022-02-10 Was Issued
Since the FAA issued AD 2022-02-10, EASA superseded EASA AD 2021-
[[Page 15966]]
0047, dated February 16, 2021, and issued EASA AD 2023-0207, dated
November 21, 2023 (also referred to as the MCAI), to correct an unsafe
condition for certain Dassault Aviation Model FALCON 7X, FALCON 900EX,
and FALCON 2000EX airplanes. The MCAI states that since EASA issued AD
2021-0047, it was determined that affected parts have been installed in
production in additional areas of certain Model FALCON 7X airplanes
already included in the applicability of EASA AD 2021-0047.
Additionally, it was determined that additional Model FALCON 7X
airplanes were not included in the applicability of EASA AD 2021-0047.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0457.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2022-02-10, this proposed AD would retain all of the
requirements of AD 2022-02-10. Those requirements are referenced in
EASA AD 2023-0207, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0207 specifies procedures for replacing titanium
screws.
Dassault Service Bulletin 7X-467, Revision 2, dated March 20, 2023,
specifies procedures for additional work.
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.
FAA's Determination
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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain certain requirements of AD 2022-02-
10. This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0207 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0207 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0207 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2023-0207 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0207. Service information required by EASA AD 2023-0207 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0457
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 44 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-02- Up to 90 work-hours $0 Up to $7,650....... Up to $336,600.
10. x $85 per hour =
$7,650.
New proposed requirements........ Up to 110 work- 0 Up to $9,350....... Up to $411,400.
hours x $85 per
hour = $9,350.
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
[[Page 15967]]
(3) Would 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 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 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-02-10, Amendment 39-21907
(87 FR 7025, February 8, 2022); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2024-0457; Project Identifier
MCAI-2023-01207-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 22, 2024.
(b) Affected ADs
This AD replaces AD 2022-02-10, Amendment 39-21907 (87 FR 7025,
February 8, 2022) (AD 2022-02-10).
(c) Applicability
This AD applies to Dassault Aviation airplanes identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2023-0207, dated November 21, 2023 (EASA AD 2023-0207).
(1) Model FALCON 7X airplanes.
(2) Model FALCON 900EX airplanes.
(3) Model FALCON 2000EX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 51, Standard
Practices/Structures.
(e) Unsafe Condition
This AD was prompted by a report of an improper heat treatment
process applied during the manufacturing of certain Decomatic
titanium screws, and by the determination that affected parts in
additional areas on certain airplanes, as well as additional
airplanes, are subject to the unsafe condition. The FAA is issuing
this AD to address failure of an affected screw installed in a
critical location, possibly resulting in reduced structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0207.
(h) Exceptions to EASA AD 2023-0207
(1) Where EASA AD 2023-0207 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0207.
(3) Where Ref Publications specifies ``Dassault SB 7X-467
original issue dated 16 November 2020, Rev. 1 dated 12 December 2022
or Rev. 2 dated 20 March 2023,'' this AD requires replacing those
words with ``Dassault Service Bulletin 7X-467, Revision 2, dated
March 20, 2023.''
(i) Credit for Previous Actions
For Model FALCON 7X airplanes: This paragraph provides credit
for the actions specified in paragraph (g) of this AD, if those
actions were performed before the effective date of this AD using
Dassault Service Bulletin 7X-467, dated November 16, 2020, provided
the additional work specified in Dassault Service Bulletin 7X-467,
Revision 2, dated March 20, 2023, is accomplished within the
applicable compliance time specified in EASA AD 2023-0207.
(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: <a href="/cdn-cgi/l/email-protection#fbc2d6baada8d6bab2a9d6ccc8cbd6bab6b4b8bb9d9a9ad59c948d"><span class="__cf_email__" data-cfemail="20190d6176730d6169720d1713100d616d6f63604641410e474f56">[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.
(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:
<a href="/cdn-cgi/l/email-protection#6f1b0002411d000b1d06081a0a152f090e0e41080019"><span class="__cf_email__" data-cfemail="1763787a39657873657e7062726d5771767639707861">[email protected]</span></a>.
(l) 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.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0207,
dated November 21, 2023.
(ii) Dassault Service Bulletin 7X-467, Revision 2, dated March
20, 2023.
(3) For EASA AD 2023-0207, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#27666354674246544609425255485746094252"><span class="__cf_email__" data-cfemail="98d9dcebd8fdf9ebf9b6fdedeaf7e8f9b6fded">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) 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.
(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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>, or email <a href="/cdn-cgi/l/email-protection#4f293d6126213c3f2a2c3b2620210f212e3d2e61282039"><span class="__cf_email__" data-cfemail="771105591e1904071214031e1819371916051659101801">[email protected]</span></a>.
Issued on February 28, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-04563 Filed 3-5-24; 8:45 am]
BILLING CODE 4910-13-P
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