[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54933-54935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17353]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1502; Project Identifier MCAI-2023-00380-T]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; correction.

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SUMMARY: The FAA is correcting a notice of proposed rulemaking (NPRM) 
that was published in the Federal Register. The NPRM proposed to issue 
an airworthiness directive (AD) that would apply to all Dassault 
Aviation Model MYSTERE-FALCON 900 airplanes. As published, the docket 
number referenced throughout the NPRM is incorrect. This document 
corrects that error. In all other respects, the original document 
remains the same; however, for clarity, the FAA is publishing the 
entire proposed rule in the Federal Register.

DATES: The last date for submitting comments on the NPRM (88 FR 47086, 
July 21, 2023) remains September 5, 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-2023-1502; 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

[[Page 54934]]

8999 000; email [email protected]; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu. It is also 
available at regulations.gov under Docket No. FAA-2023-1502.

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-2023-1502; Project Identifier 
MCAI-2023-00380-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 an NPRM (88 FR 47086, July 21, 2023) that would 
apply to all Dassault Aviation Model MYSTERE-FALCON 900 airplanes. The 
NPRM proposed to supersede AD 2023-04-10, Amendment 39-22357 (88 FR 
20743, April 7, 2023) (AD 2023-04-10), for all Dassault Aviation Model 
MYSTERE-FALCON 900 airplanes. AD 2023-04-10 requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations.
    The NPRM proposed to continue to require the actions in AD 2023-04-
10 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 2023-0046, dated March 2, 2023. The NPRM was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. The FAA is proposing this AD to address 
reduced structural integrity of the airplane.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0046. This service information 
specifies new or more restrictive airworthiness limitations for 
airplane structures and safe life limits.
    This proposed AD would also require EASA AD 2022-0137, which the 
Director of the Federal Register approved for incorporation by 
reference as of May 12, 2023 (88 FR 20743, 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.

Need for the Correction

    As published, the docket number referenced throughout the NPRM is 
incorrect. The NPRM incorrectly references ``Docket No. FAA-2023-
1501.'' The correct docket number is ``Docket No. FAA-2023-1502.''
    Although no other part of the preamble or regulatory information 
has been corrected, for clarity the FAA is publishing the entire 
proposed rule in the Federal Register.
    The comment due date of the NPRM remains September 5, 2023.

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  [Corrected]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2023-04-10, Amendment 39-22357 
(88 FR 20743, April 7, 2023); and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2023-1502; Project Identifier 
MCAI-2023-00380-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 5, 2023.

(b) Affected ADs

    (1) This AD replaces AD 2023-04-10, Amendment 39-22357 (88 FR 
20743, April 7, 2023) (AD 2023-04-10).
    (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 or more 
restrictive 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 (j) of AD 
2023-04-10, 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 2022-0137, dated July 6, 2022 (EASA AD 2022-0137).

[[Page 54935]]

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 2022-0137, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(k) of AD 2023-04-10, with no changes.
    (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 May 12, 2023 (the effective date 
of AD 2023-04-10).
    (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 May 12, 2023 (the effective date of AD 2023-04-10), 
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

(i) Retained Restrictions on Alternative Actions or Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (l) of AD 
2023-04-10, 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 2022-0137.

(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 2023-0046, dated March 2, 2023 (EASA AD 
2023-0046). 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 2023-0046

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0046.
    (2) Paragraph (3) of EASA AD 2023-0046 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 2023-0046 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2023-0046, 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 2023-0046.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0046.

(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 2023-0046.

(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 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, 
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 2023-0046, 
dated March 2, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
May 12, 2023 (88 FR 20743, April 7, 2023).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0137, 
dated July 6, 2022.
    (ii) [Reserved]
    (5) For EASA ADs 2023-0046 and 2022-0137, 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 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.

    Issued on August 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-17353 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P