[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80570-80572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25496]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1651; Project Identifier MCAI-2023-00481-T; 
Amendment 39-22589; AD 2023-22-05]
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 superseding Airworthiness Directive (AD) 2020-23-
10, which applied to certain Dassault Aviation Model FAN JET FALCON and 
FAN JET FALCON SERIES C, D, E, F, and G airplanes. AD 2020-23-10 
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 new or more 
restrictive airworthiness limitations are necessary. This AD continues 
to require the actions in AD 2020-23-10 and requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate additional new or more restrictive airworthiness 
limitations, 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 December 26, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 26, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
December 23, 2020 (85 FR 73404, November 18, 2020).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1651; 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-2023-1651.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; 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 to supersede AD 2020-23-10, Amendment 39-21326 (85 FR 
73404, November 18, 2020) (AD 2020-23-10). AD 2020-23-10 applied to 
certain Dassault Aviation Model FAN JET FALCON and FAN JET FALCON 
SERIES C, D, E, F, and G airplanes. AD 2020-23-10 required revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. The FAA 
issued AD 2020-23-10 to address, among other things, fatigue cracking 
and damage in principle structural elements; such fatigue cracking and 
damage could result in reduced structural integrity of the airplane.
    The NPRM published in the Federal Register on August 14, 2023 (88 
FR 54935). The NPRM was prompted by AD 2023-0060, dated March 16, 2023, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2023-0060) (also referred to as the MCAI). 
The MCAI states that new or more restrictive airworthiness limitations 
have been developed.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2020-23-10 and to require revising the existing maintenance or 
inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2023-0060. 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-2023-1651.

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 2023-0060 specifies new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires EASA AD 2019-0141, dated June 17, 2019, which 
the Director of the Federal Register approved for incorporation by 
reference as of December 23, 2020 (85 FR 73404, November 18, 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 168 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 2020-23-10 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-

[[Page 80571]]

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 (AD) 2020-23-10, Amendment 39-21326 
(85 FR 73404, November 18, 2020); and
0
b. Adding the following new AD:

2023-22-05 Dassault Aviation: Amendment 39-22589; Docket No. FAA-
2023-1651; Project Identifier MCAI-2023-00481-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 26, 
2023.

(b) Affected ADs

    This AD replaces AD 2020-23-10, Amendment 39-21326 (85 FR 73404, 
November 18, 2020) (AD 2020-23-10).

(c) Applicability

    This AD applies to Dassault Aviation airplanes specified in 
paragraphs (c)(1) and (2) of this AD, certificated in any category, 
as identified in European Union Aviation Safety Agency (EASA) AD 
2023-0060, dated March 16, 2023 (EASA AD 2023-0060).
    (1) Model FAN JET FALCON airplanes.
    (2) Model FAN JET FALCON SERIES C, D, E, F, and G airplanes.

(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 principle structural elements; such fatigue cracking and 
damage 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 (i) of AD 
2020-23-10, with a new terminating action. 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 2019-
0141, dated June 17, 2019 (EASA AD 2019-0141). 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 2019-0141, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(j) of AD 2020-23-10, with no changes.
    (1) The requirements specified in paragraphs (1), (2), (4), and 
(5) of EASA AD 2019-0141 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2019-0141 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, to incorporate the ``limitations, tasks and 
associated thresholds and intervals'' specified in paragraph (3) of 
EASA AD 2019-0141 within 90 days after December 23, 2020 (the 
effective date of AD 2020-23-10).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2019-0141 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2019-0141, or 
within 90 days after December 23, 2020 (the effective date of AD 
2020-23-10), whichever occurs later.
    (4) The ``Remarks'' section of EASA AD 2019-0141 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 (k) of AD 
2020-23-10, 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 except as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2019-0141.

(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 2023-0060. 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 2023-0060

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0060.
    (2) Paragraph (3) of EASA AD 2023-0060 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 2023-0060 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2023-0060, or within 90 
days after the effective date of this AD, whichever occurs later.

[[Page 80572]]

    (4) This AD does not adopt the provisions specified in 
paragraphs (4) and (5) of EASA AD 2023-0060.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0060.

(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 2023-0060.

(m) 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 (n) 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.

(n) Additional Information

    For more information about this AD, contact Tom Rodriguez, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; telephone: 206-231-3226; email: [email protected].

(o) 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 
December 26, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0060, 
dated March 16, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
December 23, 2020 (85 FR 73404, November 18, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0141, 
dated June 17, 2019.
    (ii) [Reserved]
    (5) For EASA ADs 2023-0060 and 2019-0141, 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 service information 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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on October 27, 2023.
Caitlin Locke, Director,
Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2023-25496 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P