[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Proposed Rules]
[Pages 15965-15967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04563]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / 
Proposed Rules  

[[Page 15965]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0457; Project Identifier MCAI-2023-01207-T]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2022-02-10, which applies to certain Dassault Aviation Model FALCON 7X, 
FALCON 900EX, and FALCON 2000EX airplanes. AD 2022-02-10 requires 
replacement of certain titanium screws. Since the FAA issued AD 2022-
02-10, affected parts have been found in other areas of certain Falcon 
7X airplanes as well as in additional Falcon 7X airplanes. This 
proposed AD would continue to require the actions in AD 2022-02-10, add 
other locations for screw replacement, and revise the applicability, 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 April 22, 
2024.

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-2024-0457; 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 the EASA AD identified 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 at ad.easa.europa.eu. It is also 
available at regulations.gov under Docket No. FAA-2024-0457.
     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.

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-2024-0457; Project Identifier 
MCAI-2023-01207-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 which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The FAA issued AD 2022-02-10, Amendment 39-21907 (87 FR 7025, 
February 8, 2022) (AD 2022-02-10), for certain Dassault Aviation Model 
FALCON 7X, FALCON 900EX, and FALCON 2000EX airplanes. AD 2022-02-10 was 
prompted by MCAI originated by EASA, which is the Technical Agent for 
the Member States of the European Union. EASA issued AD 2021-0047, 
dated February 16, 2021, to correct an unsafe condition.
    AD 2022-02-10 requires replacement of certain titanium screws. The 
FAA issued AD 2022-02-10 to address failure of an affected screw 
installed in a critical location, possibly resulting in reduced 
structural integrity of the airplane. See the MCAI for additional 
background information.

Actions Since AD 2022-02-10 Was Issued

    Since the FAA issued AD 2022-02-10, EASA superseded EASA AD 2021-

[[Page 15966]]

0047, dated February 16, 2021, and issued EASA AD 2023-0207, dated 
November 21, 2023 (also referred to as the MCAI), to correct an unsafe 
condition for certain Dassault Aviation Model FALCON 7X, FALCON 900EX, 
and FALCON 2000EX airplanes. The MCAI states that since EASA issued AD 
2021-0047, it was determined that affected parts have been installed in 
production in additional areas of certain Model FALCON 7X airplanes 
already included in the applicability of EASA AD 2021-0047. 
Additionally, it was determined that additional Model FALCON 7X 
airplanes were not included in the applicability of EASA AD 2021-0047.
    The FAA is proposing 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-2024-0457.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-02-10, this proposed AD would retain all of the 
requirements of AD 2022-02-10. Those requirements are referenced in 
EASA AD 2023-0207, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0207 specifies procedures for replacing titanium 
screws.
    Dassault Service Bulletin 7X-467, Revision 2, dated March 20, 2023, 
specifies procedures for additional work.
    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.

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 certain requirements of AD 2022-02-
10. This proposed AD would require accomplishing the actions specified 
in EASA AD 2023-0207 described previously, except for any differences 
identified as exceptions in the regulatory text 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 incorporate EASA AD 2023-0207 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0207 in its entirety 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 2023-0207 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-
0207. Service information required by EASA AD 2023-0207 for compliance 
will be available at regulations.gov under Docket No. FAA-2024-0457 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 44 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-02-  Up to 90 work-hours              $0  Up to $7,650.......  Up to $336,600.
 10.                                x $85 per hour =
                                    $7,650.
New proposed requirements........  Up to 110 work-                   0  Up to $9,350.......  Up to $411,400.
                                    hours x $85 per
                                    hour = $9,350.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in the cost estimate.

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 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

[[Page 15967]]

    (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) 2022-02-10, Amendment 39-21907 
(87 FR 7025, February 8, 2022); and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2024-0457; Project Identifier 
MCAI-2023-01207-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 22, 2024.

(b) Affected ADs

    This AD replaces AD 2022-02-10, Amendment 39-21907 (87 FR 7025, 
February 8, 2022) (AD 2022-02-10).

(c) Applicability

    This AD applies to Dassault Aviation airplanes identified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2023-0207, dated November 21, 2023 (EASA AD 2023-0207).
    (1) Model FALCON 7X airplanes.
    (2) Model FALCON 900EX airplanes.
    (3) Model FALCON 2000EX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 51, Standard 
Practices/Structures.

(e) Unsafe Condition

    This AD was prompted by a report of an improper heat treatment 
process applied during the manufacturing of certain Decomatic 
titanium screws, and by the determination that affected parts in 
additional areas on certain airplanes, as well as additional 
airplanes, are subject to the unsafe condition. The FAA is issuing 
this AD to address failure of an affected screw installed in a 
critical location, possibly resulting in reduced structural 
integrity 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 2023-0207.

(h) Exceptions to EASA AD 2023-0207

    (1) Where EASA AD 2023-0207 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0207.
    (3) Where Ref Publications specifies ``Dassault SB 7X-467 
original issue dated 16 November 2020, Rev. 1 dated 12 December 2022 
or Rev. 2 dated 20 March 2023,'' this AD requires replacing those 
words with ``Dassault Service Bulletin 7X-467, Revision 2, dated 
March 20, 2023.''

(i) Credit for Previous Actions

    For Model FALCON 7X airplanes: This paragraph provides credit 
for the actions specified in paragraph (g) of this AD, if those 
actions were performed before the effective date of this AD using 
Dassault Service Bulletin 7X-467, dated November 16, 2020, provided 
the additional work specified in Dassault Service Bulletin 7X-467, 
Revision 2, dated March 20, 2023, is accomplished within the 
applicable compliance time specified in EASA AD 2023-0207.

(j) 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 (k) 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.

(k) 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].

(l) 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0207, 
dated November 21, 2023.
    (ii) Dassault Service Bulletin 7X-467, Revision 2, dated March 
20, 2023.
    (3) For EASA AD 2023-0207, 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 at ad.easa.europa.eu.
    (4) 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.
    (5) 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 February 28, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-04563 Filed 3-5-24; 8:45 am]
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