[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Proposed Rules]
[Pages 44228-44232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14617]


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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]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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[[Page 44229]]

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2023-04-16, which applies to certain Dassault Aviation Model FALCON 
900EX airplanes. AD 2023-04-16 requires 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 proposed AD would 
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 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 August 28, 
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     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 regulations.gov 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 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:
     For material that is proposed for IBR in this NPRM, 
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: ad.easa.europa.eu.
     You may view this service information 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.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3226; email [email protected].

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-2023-1405; Project Identifier 
MCAI-2023-00381-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 
regulations.gov, 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 
[email protected]. 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 AD 2023-04-16, Amendment 39-22363 (88 FR 20738, 
April 7, 2023) (AD 2023-04-16), for certain Dassault Aviation Model 
FALCON 900EX airplanes. AD 2023-04-16 was prompted by an MCAI 
originated by EASA, which is the Technical Agent for the Member States 
of the European Union. EASA issued AD 2022-0141, dated July 7, 2022 
(EASA AD 2022-0141), to correct an unsafe condition.
    AD 2023-04-16 requires 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. AD 2023-04-16 
specifies that accomplishing the actions required by paragraph (g) or 
(i) of that AD terminates the requirements of paragraph (g)(1) of AD 
2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010) (AD 
2010-26-05) for Dassault Aviation Model FALCON 900EX airplanes, serial 
number (S/N) 97, and S/Ns 120 and higher only. This proposed AD would 
therefore continue to allow that terminating action.

Actions Since AD 2023-04-16 Was Issued

    Since the FAA issued AD 2023-04-16, EASA superseded AD 2022-0141 
and issued EASA AD 2023-0047, dated March 2, 2023 (EASA AD 2023-0047) 
(referred to after this as the MCAI), for certain Dassault Aviation 
Model FALCON 900EX airplanes. The MCAI states that new or more 
restrictive airworthiness limitations have been developed.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after November 15, 2022 must 
comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet; 
this proposed AD therefore does not include those airplanes in the 
applicability.
    The FAA is proposing 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. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2023-1405.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0047. This service information 
specifies

[[Page 44230]]

new or more restrictive airworthiness limitations for airplane 
structures and safe life limits.
    This proposed AD would also require 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 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 all requirements of AD 2023-04-16. 
This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations, which are specified in EASA 
AD 2023-0047 already described, as proposed for incorporation by 
reference. Any differences with EASA AD 2023-0047 are identified as 
exceptions in the regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance (AMOC) according to 
paragraph (n)(1) 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 retain the IBR of EASA AD 2022-0141 and incorporate 
EASA AD 2023-0047 by reference in the FAA final rule. This proposed AD 
would, therefore, require compliance with EASA AD 2023-0047 and EASA AD 
2022-0141 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 2023-0047 or EASA AD 2022-0141 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-
0047 or EASA AD 2022-0141. Service information required by EASA AD 
2023-0047 and EASA AD 2022-0141 for compliance will be available at 
regulations.gov by searching for and locating Docket No. FAA-2023-1405 
after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections) or intervals may be used unless the actions and intervals 
are approved as an AMOC in accordance with the procedures specified in 
the AMOCs paragraph under ``Additional AD Provisions.'' This new format 
includes a ``New Provisions for Alternative and Intervals'' paragraph 
that does not specifically refer to AMOCs, but operators may still 
request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 144 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed 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 proposed 
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

    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

[[Page 44231]]

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
    (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 2023-04-16, Amendment 39-22363 (88 
FR 20738, April 7, 2023); and
0
b. Adding the following new airworthiness directive:

Dassault Aviation: Docket No. FAA-2023-1405; Project Identifier 
MCAI-2023-00381-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 28, 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 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.

[[Page 44232]]

    (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 
[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 
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (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) European Union Aviation Safety Agency (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: [email protected]; website: easa.europa.eu. You may find 
these EASA ADs on the EASA website: ad.easa.europa.eu.
    (6) You may view this service information 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 service information 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 July 6, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14617 Filed 7-11-23; 8:45 am]
BILLING CODE 4910-13-P