[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Rules and Regulations]
[Pages 80439-80441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28383]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1238; Project Identifier MCAI-2022-00741-T; 
Amendment 39-22290; AD 2022-27-05]
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) 2022-09-
15, which applied to all Dassault Aviation Model FALCON 2000 and FALCON 
2000EX airplanes. AD 2022-09-15 required relocating affected servo-
valves and revising the existing airplane flight manual (AFM) to 
provide temporary information necessary to operate airplanes fitted 
with at least one affected brake servo-valve. AD 2022-09-15 also 
limited or prohibited the installation of affected brake servo-valves. 
This AD was prompted by a determination that replacing certain brake 
servo-valves is necessary to address the unsafe condition. This AD 
continues to require the actions in AD 2022-09-15, including the parts 
installation limitation or prohibition, and also requires replacing an 
affected part with a serviceable part, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference 
(IBR). The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective February 3, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 31, 2022 
(87 FR 29217, May 13, 2022).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1238; 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 80440]]

     For EASA material incorporated by reference 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.
     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. It is also available at 
regulations.gov under Docket No. FAA-2022-1238.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; 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 to supersede AD 2022-09-15, Amendment 39-22035 (87 FR 
29217, May 13, 2022), (AD 2022-09-15). AD 2022-09-15 applied to all 
Dassault Aviation Model FALCON 2000 and FALCON 2000EX airplanes. AD 
2022-09-15 required relocating affected servo-valves and revising the 
existing AFM to provide temporary information necessary to operate 
airplanes fitted with at least one affected brake servo-valve. AD 2022-
09-15 also limited or prohibited the installation of affected brake 
servo-valves. The FAA issued AD 2022-09-15 to prevent temporary failure 
of the brake servo-valves, which could lead to reduced braking 
performance during landing including degraded or dissymmetric braking, 
possibly resulting in reduced control of the airplane, lateral 
excursion of the runway, and consequent damage to the airplane.
    The NPRM published in the Federal Register on October 20, 2022 (87 
FR 63706). The NPRM was prompted by Emergency AD 2022-0068-E, dated 
April 14, 2022, issued by EASA, which is the Technical Agent for the 
Member States of the European Union (EASA Emergency AD 2022-0068-E) 
(referred to after this as the MCAI). The MCAI states that occurrences 
were reported of brake system failure during landing. Subsequent 
investigation determined the root cause to be a brake control-valve 
failure which was a result of application of inappropriate oiling 
during production and maintenance, affecting a specific batch of 
affected parts. This condition, if not addressed, could lead to reduced 
braking performance during landing, possibly resulting in reduced 
control of, and consequent damage to, the airplane. The NPRM was also 
prompted by a determination that replacing certain brake servo-valves 
is necessary to address the unsafe condition. AD 2022-09-15 did not 
require that replacement, because the planned compliance time for that 
replacement would have allowed enough time to provide notice and 
opportunity for prior public comment on the merits of the action. The 
FAA determined that the replacement is needed, and is therefore issuing 
this AD to require the replacement.
    In the NPRM, the FAA proposed to retain all of the requirements of 
AD 2022-09-15, including the parts installation limitation or 
prohibition. The NPRM also proposed to require replacing affected brake 
servo-valves, as specified in EASA Emergency AD 2022-0068-E.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1238.

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

    This AD requires EASA Emergency AD 2022-0068-E, which the Director 
of the Federal Register approved for incorporation by reference as of 
May 31, 2022 (87 FR 29217, May 13, 2022). 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 441 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Relocation............................  10 work-hours x $85 per               $0            $850        $374,850
                                         hour = $850.
AFM revision..........................  1 work-hour x $85 per                  0              85          37,485
                                         hour = $85.
Replacement...........................  10 work-hours x $85 per           11,690          12,540       5,530,140
                                         hour = $850.
----------------------------------------------------------------------------------------------------------------

    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

[[Page 80441]]

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 has determined that 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 2022-09-15, Amendment 39-22035 (87 
FR 29217, May 13, 2022); and
0
b. Adding the following new airworthiness directive:

2022-27-05 Dassault Aviation: Amendment 39-22290; Docket No. FAA-
2022-1238; Project Identifier MCAI-2022-00741-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 3, 2023.

(b) Affected ADs

    This AD replaces AD 2022-09-15, Amendment 39-22035 (87 FR 29217, 
May 13, 2022) (AD 2022-09-15).

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 2000 and 
FALCON 2000EX airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Unsafe Condition

    This AD was prompted by a determination that replacing certain 
brake servo-valves is necessary and reports of brake system failures 
during landing. The FAA is issuing this AD to prevent temporary 
failure of the brake servo-valves, which could lead to reduced 
braking performance during landing including degraded or 
dissymmetric braking, possibly resulting in reduced control of the 
airplane, lateral excursion of the runway, and consequent damage to 
the airplane.

(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) 
Emergency AD 2022-0068-E, dated April 14, 2022 (EASA Emergency AD 
2022-0068-E).

(h) Exceptions to EASA Emergency AD 2022-0068-E

    (1) Where paragraphs (1) and (2) of EASA Emergency AD 2022-0068-
E refer to its effective date, this AD requires using May 31, 2022 
(the effective date of AD 2022-09-15).
    (2) Where paragraph (4) of EASA Emergency AD 2022-0068-E refers 
to its effective date, this AD requires using the effective date of 
this AD.
    (3) Where paragraph (2) of EASA Emergency AD 2022-0068-E 
specifies to ``inform all flight crews, and, thereafter, operate the 
aeroplane accordingly,'' this AD does not require those actions as 
those actions are already required by existing FAA operating 
regulations (see 14 CFR 91.9, 91.505, and 121.137).
    (4) This AD does not adopt the ``Remarks'' section of EASA 
Emergency AD 2022-0068-E.

(i) No Reporting or Return of Parts

    Although the service information referenced in EASA Emergency AD 
2022-0068-E specifies to submit certain information and send removed 
parts to the manufacturer, this AD does not include that 
requirement.

(j) Additional FAA 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 (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 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, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
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 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 the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
May 31, 2022 (87 FR 29217, May 13, 2022).
    (i) European Union Aviation Safety Agency (EASA) Emergency AD 
2022-0068-E, dated April 14, 2022.
    (ii) [Reserved]
    (4) For EASA Emergency AD 2022-0068-E, 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 at ad.easa.europa.eu.
    (5) 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.
    (6) 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 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-28383 Filed 12-29-22; 8:45 am]
BILLING CODE 4910-13-P