[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Proposed Rules]
[Pages 41361-41365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09511]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1290; Project Identifier MCAI-2024-00078-T]
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 supersede Airworthiness Directive (AD)
2023-22-13, which applies to certain Dassault Aviation Model FALCON 7X
airplanes. AD 2023-22-13 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2023-22-
13, the FAA has determined that new or more restrictive airworthiness
limitations are necessary. This proposed AD would continue to require
certain actions in AD 2023-22-13 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, which
is proposed for incorporation by reference (IBR). The
[[Page 41362]]
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by June 27,
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-2024-1290; 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 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 at regulations.gov under
Docket No. FAA-2024-1290.
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-2024-1290; Project Identifier
MCAI-2024-00078-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 AD 2023-22-13, Amendment 39-22597 (88 FR 82246,
November 24, 2023) (AD 2023-22-13), for certain Dassault Aviation Model
FALCON 7X airplanes. AD 2023-22-13 was prompted by an MCAI originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2023-0063, dated March 20, 2023 (EASA AD
2023-0063) (which corresponds to FAA AD 2023-22-13), to correct an
unsafe condition.
AD 2023-22-13 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2023-22-13 to
address reduced structural integrity and reduced control of the
airplane due to the failure of system components. AD 2023-22-13
specifies that accomplishing the revision required by that AD
terminates certain requirements of AD AD 2014-16-23, Amendment 39-17947
(79 FR 52545, September 4, 2014) (AD 2014-16-23). This proposed AD
would therefore continue to allow that terminating action.
Actions Since AD 2023-22-13 Was Issued
Since the FAA issued AD 2023-22-13, EASA superseded AD 2023-0063
and issued EASA AD 2024-0033, dated January 31, 2024 (EASA AD 2024-
0033) (referred to after this as the MCAI), for all Dassault Aviation
Model FALCON 7X airplanes. The MCAI states that new or more restrictive
airworthiness limitations have been developed.
Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after September 7, 2022,
must comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
The FAA is proposing this AD to address reduced structural
integrity and reduced control of the airplane due to the failure of
system components. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2024-1290.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2024-0033. 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 2023-0063, which the
Director of the Federal Register approved for incorporation by
reference as of December 29, 2023 (88 FR 82246, November 24, 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.
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
[[Page 41363]]
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 2023-22-
13. This proposed AD would also require revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations, which are
specified in EASA AD 2024-0033 already described, as proposed for
incorporation by reference. Any differences with EASA AD 2024-0033 are
identified as exceptions in the regulatory text of this AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (n)(1) 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 retain the IBR of EASA AD 2023-0063 and incorporate
EASA AD 2024-0033 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2024-0033 and EASA AD
2023-0063 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 2024-0033 or EASA AD 2023-0063 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 2024-
0033 or EASA AD 2023-0063. Service information required by EASA AD
2024-0033 and EASA AD 2023-0063 for compliance will be available at
regulations.gov by searching for and locating Docket No. FAA-2024-1290
after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an AMOC in accordance with the
procedures specified in the AMOCs paragraph under ``Additional AD
Provisions.'' This new format includes a ``New Provisions for
Alternative Actions, Intervals, and CDCCLs'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action, interval, or CDCCL.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 134 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2023-22-13 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-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 proposed
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
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
(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,
[[Page 41364]]
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) 2023-22-13, Amendment 39-22597
(88 FR 82246, November 24, 2023); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2024-1290; Project Identifier
MCAI-2024-00078-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 27, 2024.
(b) Affected ADs
(1) This AD replaces AD 2023-22-13, Amendment 39-22597 (88 FR
82246, November 24, 2023) (AD 2023-22-13).
(2) This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR
52545, September 4, 2014) (AD 2014-16-23)
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before September 7, 2023.
Note 1 to paragraph (c): Model FALCON 7X airplanes with
modification M1000 incorporated are commonly referred to as ``Model
FALCON 8X'' airplanes as a marketing designation.
(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 and reduced
control of the airplane due to the failure of system components.
(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 (j) of AD
2023-22-13, with a new terminating action. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before September 7, 2022, 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 2023-0063, dated
March 20, 2023 (EASA AD 2023-0063). 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 2023-0063, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-22-13, with no changes.
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0063.
(2) Paragraph (3) of EASA AD 2023-0063 specifies revising ``the
approved AMP [aircraft maintenance program]'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after December 29, 2023 (the effective date of AD 2023-22-13).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0063 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0063, or within 90
days after December 29, 2023 (the effective date of AD 2023-22-13),
whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0063.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0063.
(i) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With a New
Exception
This paragraph restates the requirements of paragraph (l) of AD
2023-22-13, 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), intervals, or CDCCLs are allowed unless
they are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0063.
(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 2024-0033, dated January 31, 2024 (EASA AD
2024-0033). 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 2024-0033
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2024-0033.
(2) Paragraph (3) of EASA AD 2024-0033 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 2024-0033 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2024-0033, 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 2024-0033.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0033.
(l) New Provisions for Alternative Actions, Intervals, and CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2024-0033.
(m) Terminating Action for Certain Requirements in AD 2014-16-23
Accomplishing the actions required by paragraphs (g) or (j) of
this AD terminates the requirements of paragraph (q) of AD 2014-16-
23.
(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
[[Page 41365]]
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 2024-0033,
dated January 31, 2024.
(ii) [Reserved]
(4) The following service information was approved for IBR on
December 29, 2023 (88 FR 82246, November 24, 2023).
(i) European Union Aviation Safety Agency (EASA) AD 2023-0063,
dated March 20, 2023.
(ii) [Reserved]
(5) For EASA ADs 2024-0033 and 2023-0063, 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].
Issued on April 26, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-09511 Filed 5-10-24; 8:45 am]
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