[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20743-20746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07093]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1648; Project Identifier MCAI-2022-00894-T;
Amendment 39-22357; AD 2023-04-10]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-26-
07, which applied to all Dassault Aviation Model MYSTERE-FALCON 900
airplanes. AD 2020-26-07 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 a new airworthiness limitation is necessary. This AD
continues to require the actions in AD 2020-26-07, and also requires
revising the existing maintenance or inspection program, as applicable,
to incorporate a new airworthiness limitation; 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 May 12, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 12,
2023.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 25, 2021 (85 FR 82901, December 21, 2020).
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1648; 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:
For 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 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
regulations.gov under Docket No. FAA-2022-1648.
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].
[[Page 20744]]
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-06-07, Amendment 39-21362 (85 FR
82901, December 21, 2020) (AD 2020-06-07). AD 2020-06-07 applied to all
Dassault Aviation Model MYSTERE-FALCON 900 airplanes. AD 2020-06-07
required revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2020-06-07 to address reduced structural
integrity of the airplane. AD 2020-26-07 also specified that
accomplishing the revision required by that AD terminated certain
requirements of AD 2010-26-05, Amendment 39-16544 (75 FR 79952,
December 21, 2010) (AD 2010-26-05).
The NPRM published in the Federal Register on December 16, 2022 (87
FR 77037). The NPRM was prompted by AD 2022-0137, dated July 6, 2022,
issued by EASA (EASA AD 2022-0137) (also referred to as the MCAI). The
MCAI states that since issuance of EASA AD 2020-0115, dated May 20,
2020 (EASA AD 2020-0115), a new maintenance task for eddy current
inspections of the flap tracks 2 and 5 has been introduced.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1648.
In the NPRM, the FAA proposed to continue to require revising the
existing maintenance or inspection program, as applicable to
incorporate new or more restrictive airworthiness limitations, as
specified in EASA AD 2010-0115. The NPRM also proposed to require
revising the existing maintenance or inspection program, as applicable,
to incorporate a new airworthiness limitation, as specified in EASA AD
2022-0137. 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
EASA AD 2022-0137 specifies a new airworthiness limitation for eddy
current inspections of the flap tracks 2 and 5.
This AD also requires EASA 2020-0115, which the Director of the
Federal Register approved for incorporation by reference as of January
25, 2021 (85 FR 82901, December 21, 2020).
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 151 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 2020-26-07 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 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 2020-06-07, Amendment 39-21362 (85
FR 82901, December 21, 2020); and
0
b. Adding the following new airworthiness directive:
2023-04-10 Dassault Aviation: Amendment 39-22357; Docket No. FAA-
2022-1648; Project Identifier MCAI-2022-00894-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 12, 2023.
(b) Affected ADs
(1) This AD replaces AD 2020-26-07, Amendment 39-21362 (85 FR
82901, December 21, 2020) (AD 2020-26-07).
[[Page 20745]]
(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 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 (i) of AD
2020-26-07, 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 2020-0115, dated May 20, 2020 (EASA AD 2020-0115).
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 2020-0115, With No Changes
This paragraph restates the exceptions specified in paragraph
(j) of AD 2020-26-07, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0115 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020-0115 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, to incorporate the ``limitations, tasks and
associated thresholds and intervals'' specified in paragraph (3) of
EASA AD 2020-0115 within 90 days after January 25, 2021 (the
effective date of AD 2020-26-07).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0115 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0115, or
within 90 days after January 25, 2021 (the effective date of AD
2020-26-07), whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0115 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2020-0115 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions or Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (k) of AD
2020-26-07, 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 2020-0115.
(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 2022-0137, dated July 6, 2022 (EASA AD
2022-0137). 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 2022-0137
(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 the effective date of this AD.
(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 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 2022-0137.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0137.
(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 2022-0137.
(m) Terminating Actions for Certain Requirements in 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: [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.
(o) 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].
(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
May 12, 2023.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0137,
dated July 6, 2022.
(ii) [Reserved]
(4) The following service information was approved for IBR on
January 25, 2021 (85 FR 82901, December 21, 2020).
(i) European Union Aviation Safety Agency (EASA) AD 2020-0115,
dated May 20, 2020.
(ii) [Reserved]
(5) For EASA ADs 2022-0137 and 2020-0115, 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.
(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
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
[[Page 20746]]
Issued on February 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service. Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07093 Filed 4-6-23; 8:45 am]
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