[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Proposed Rules]
[Pages 59471-59473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18519]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1719; Project Identifier 2008-NM-202-AD]
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 remove Airworthiness Directive (AD) 2010-
26-05, which applies to certain Dassault Aviation Model Falcon 10 
airplanes; Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and 
G airplanes; Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 
airplanes; and all Model MYSTERE-FALCON 200 airplanes; Model FALCON 
2000 and FALCON 2000EX airplanes; Model MYSTERE-FALCON 50 and MYSTERE-
FALCON 900 airplanes; and Model FALCON 900EX airplanes. AD 2010-26-05 
requires repetitive inspections for overpressure tightness on the 
pressurization control regulating valves and, if necessary, replacing 
the affected valve with a serviceable unit. AD 2010-26-05 is no longer 
necessary because the FAA has since issued ADs 2021-04-20, 2020-02-13, 
2020-03-24, 2020-03-19, 2020-01-13, 2023-05-15, 2023-04-10, 2023-02-13, 
2023-04-18, and 2023-04-13 to address the unsafe condition. 
Accordingly, the FAA proposes to remove AD 2010-26-05.

DATES: The FAA must receive comments on this proposed AD by October 13, 
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-2023-1719; 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.

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-2023-1719; Project Identifier 
2008-NM-202-AD'' 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 
the 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 proposed AD.

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 2010-26-05, Amendment 39-16544 (75 FR 79952, 
December 21, 2010) (AD 2010-26-05), for certain Dassault Aviation Model 
Falcon 10 airplanes; Model FAN JET FALCON, FAN JET FALCON SERIES C, D, 
E, F, and G airplanes; Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 
20-F5 airplanes; and all Model FALCON 2000 and FALCON 2000EX

[[Page 59472]]

airplanes; Model MYSTERE-FALCON 200 airplanes; Model MYSTERE-FALCON 50 
and MYSTERE-FALCON 900 airplanes, and Model FALCON 900EX airplanes. AD 
2010-26-05 was prompted by an MCAI originated by the European Union 
Aviation Safety Agency (EASA), which is the Technical Agent for the 
Member States of the European Union. EASA issued AD 2008-0072, dated 
April 18, 2008 (EASA AD 2008-0072) (also referred to as the MCAI), to 
identify and correct an unsafe condition.
    AD 2010-26-05 requires repetitive inspections for overpressure 
tightness on the pressurization control regulating valves and, if 
necessary, replacing the affected valve with a serviceable unit. The 
FAA issued AD 2010-26-05 to address failure of the pressurization 
control regulating valve (overpressure capsule), which will affect the 
aircraft's overpressure protection. Overpressurization can result in 
injury to the occupants and possible structural failure leading to loss 
of control of the airplane.

Actions Since AD 2010-26-05 Was Issued

    Since the FAA issued AD 2010-26-05, the actions specified in the 
MCAI have been included in the airworthiness limitations section of the 
existing maintenance manual. EASA issued EASA AD 2008-0072-CN, dated 
October 5, 2020, which cancels EASA AD 2008-0072. The FAA issued the 
following ADs to address the unsafe condition by revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive maintenance requirements and airworthiness 
limitations, including the actions specified in AD 2010-26-05:
     AD 2021-04-20, Amendment 39-21442 (86 FR 12802, March 5, 
2021), which addresses the unsafe condition for Model Falcon 10 
airplanes.
     AD 2020-02-13, Amendment 39-19827 (85 FR 6744, February 6, 
2020), which addresses the unsafe condition for Model FAN JET FALCON, 
FAN JET FALCON SERIES C, D, E, F, and G airplanes on which the 
supplemental structural inspection program (SSIP) has been incorporated 
into the airplane's maintenance program.
     AD 2020-03-24, Amendment 39-19848 (85 FR 11289, February 
27, 2020), which addresses the unsafe condition for Model MYSTERE-
FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes on which the SSIP 
(Dassault Service Bulletin 730) has been embodied into the airplane's 
existing maintenance or inspection program.
    AD 2020-03-19, Amendment 39-19843 (85 FR 11280, February 
27, 2020), which address the unsafe condition for Model MYSTERE-FALCON 
20-C5, 20-D5, 20-E5, and 20-F5 airplanes, except those on which the 
SSIP (Dassault Service Bulletin 730) has been embodied into the 
airplane's existing maintenance or inspection program.
     AD 2020-01-13, Amendment 39-19819 (85 FR 5313, January 30, 
2020), which addresses the unsafe condition for Model MYSTERE-FALCON 
200 airplanes.
     AD 2023-05-15, Amendment 39-22384 (88 FR 22374, April 13, 
2023), which addresses the unsafe condition for Model MYSTERE-FALCON 50 
airplanes.
     AD 2023-04-10, Amendment 39-22357 (88 FR 20743, April 7, 
2023), which addresses the unsafe condition for Model MYSTERE-FALCON 
900 airplanes.
     AD 2023-02-13, Amendment 39-22320 (88 FR 8740, February 
10, 2023), which addresses the unsafe condition for Model FALCON 900EX 
airplanes.
     AD 2023-04-18, Amendment 39-22365 (88 FR 15607, March 14, 
2023), which addresses the unsafe condition for Model FALCON 2000 
airplanes.
     AD 2023-04-13, Amendment 39-22360 (88 FR 20741, April 7, 
2023), which addresses the unsafe condition for Model FALCON 2000EX 
airplanes.

FAA's Conclusions

    Upon further consideration, the FAA has determined that AD 2010-26-
05 is no longer necessary. Accordingly, this proposed AD would remove 
AD 2010-26-05. Removal of AD 2010-26-05 would not preclude the FAA from 
issuing another related action or commit the FAA to any course of 
action in the future. This proposed AD would remove all actions of AD 
2010-26-05. Therefore, this proposed AD would terminate all 
requirements of AD 2010-26-05.

Related Costs of Compliance

    This proposed AD would add no cost. This proposed AD would remove 
AD 2010-26-05 from 14 CFR part 39; therefore, operators would no longer 
be required to show compliance with that AD.

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.

Regulatory Findings

    The FAA has 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 that the 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 (AD) 2010-26-05, Amendment 39-16544 
(75 FR 79952, December 21, 2010), and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2023-1719; Project Identifier 
2008-NM-202-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 13, 2023.

[[Page 59473]]

(b) Affected AD

    This AD replaces AD 2010-26-05, Amendment 39-16544 (75 FR 79952, 
December 21, 2010) (AD 2010-26-05).

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (2) of this AD, certificated in any category.
    (1) Dassault Aviation Model Falcon 10 airplanes; Model FAN JET 
FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes; and Model 
MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes; all serial 
numbers, equipped with Liebherr or ABG-Semca pressurization outflow 
valves.
    (2) Dassault Aviation Model MYSTERE-FALCON 200 airplanes, Model 
MYSTERE-FALCON 50 and MYSTERE-FALCON 900 airplanes, and FALCON 900EX 
airplanes; and Model FALCON 2000 and FALCON 2000EX airplanes; all 
serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air 
conditioning.

(e) Terminating Action

    This AD terminates all requirements of AD 2010-26-05.

(f) Related 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].

(g) Material Incorporated by Reference

    None.

    Issued on August 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-18519 Filed 8-28-23; 8:45 am]
BILLING CODE 4910-13-P