[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67937-67939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21717]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1402; Project Identifier MCAI-2023-00324-T; 
Amendment 39-22549; AD 2023-18-08]
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 adopting a new airworthiness directive (AD) for 
certain Dassault Aviation Model MYSTERE-FALCON 900, FALCON 900EX, 
FALCON 2000, and FALCON 2000EX airplanes. This AD was prompted by 
reports of the wing anti-icing (WAI) system leaking in the wing leading 
edge. This AD requires a one-time inspection of the WAI system, and 
corrective actions if necessary, 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 November 7, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 7, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1402; 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 ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
Des Moines, WA. For

[[Page 67938]]

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-2023-1402.

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: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Dassault 
Aviation Model MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, and 
FALCON 2000EX airplanes. The NPRM published in the Federal Register on 
July 10, 2023 (88 FR 43477). The NPRM was prompted by AD 2023-0041, 
dated February 21, 2023, issued by EASA, which is the Technical Agent 
for the Member States of the European Union (EASA AD 2023-0041) (also 
referred to as the MCAI). The MCAI states the WAI system was reported 
leaking in the wing leading edge. The leaks were either from an 
incorrect installation of the Wiggins coupling on the WAI system, or 
detachment of the pressure switch line from the WAI pipe (only found on 
the Falcon 2000 and Falcon 2000EX airplanes). This condition, if not 
detected and corrected, could lead to a loss of performance of WAI 
protection system, possibly resulting in reduced control of the 
airplane.
    In the NPRM, the FAA proposed to require a one-time inspection of 
the WAI system, and corrective actions if necessary, as specified in 
EASA AD 2023-0041. The FAA is issuing this AD to address the unsafe 
condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1402.

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 2023-0041 specifies procedures for a one-time general 
visual inspection of the WAI system for discrepancies, including 
incorrect installation, deformation, leakage or signs of overheating, 
and lack of free rotation of the clamp around the two ferrules, and, 
depending on findings, corrective actions. Corrective actions include 
replacement or re-installation of the affected WAI Wiggins coupling 
with new seals and couplings. For the Falcon 2000 and Falcon 2000EX 
airplanes, there is an additional one-time general visual inspection of 
the WAI pipes for traces of abnormal leakage, overheating, or 
degradation of the thermal lagging, and depending on findings, 
corrective actions. Corrective actions are for replacement of the 
affected WAI pipes. 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 820 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
7 work-hours x $85 per hour = $595...........................              $0             $595         $487,900
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                   Labor cost                        Parts cost                   Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 2 work-hours x $85 per hour = Up to $170..            $517   Up to $687.
----------------------------------------------------------------------------------------------------------------

    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 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

[[Page 67939]]

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 adding the following new airworthiness 
directive:

2023-18-08 Dassault Aviation: Amendment 39-22549; Docket No. FAA-
2023-1402; Project Identifier MCAI-2023-00324-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 7, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model MYSTERE-FALCON 900, 
FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes, certificated 
in any category, as identified in European Union Aviation Safety 
Agency (EASA) AD 2023-0041, dated February 21, 2023 (EASA AD 2023-
0041).

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and Rain 
Protection.

(e) Unsafe Condition

    This AD was prompted by reports of the wing anti-icing (WAI) 
system leaking in the wing leading edge. The FAA is issuing this AD 
to address leaks in the WAI system. The unsafe condition, if not 
addressed, could lead to a loss of performance of the WAI protection 
system, possibly resulting in reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2023-0041.

(h) Exceptions to EASA AD 2023-0041

    (1) Where EASA AD 2023-0041 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2023-0041 specifies actions 
if ``any discrepancy [as defined in the applicable inspection SB] is 
found,'' for this AD, discrepancies are defined as incorrect 
installation, deformation, leakage, signs of overheating, and lack 
of free rotation of the clamp around the two ferrules.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0041.

(i) 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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (j) of this AD or email to: [email protected]. 
If mailing information, also submit information by email. 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.

(j) 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].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0041, 
dated February 21, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0041, 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 ad.easa.europa.eu.
    (4) You may view this material 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.
    (5) 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 September 8, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-21717 Filed 10-2-23; 8:45 am]
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