Airworthiness Directives; Dassault Aviation Airplanes, 69214-69218 [2022-25112]
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Federal Register / Vol. 87, No. 222 / Friday, November 18, 2022 / Proposed Rules
(2) Both bleed air leak detection loop A
and loop B sensing elements for a given part
(Part A through Part M of MHI RJ Service
Bulletin 670BA–36–025, Revision C, dated
May 25, 2022) are found not serviceable,
provided that the conditions specified in
paragraphs (j)(2)(i) through (iv) of this AD
have been satisfied.
(i) The applicable maintenance procedures
of Appendix C, dated March 14, 2022, of MHI
RJ Service Bulletin 670BA–36–025, Revision
C, dated May 25, 2022, to deactivate the
defective sensing elements are accomplished
prior to operation of the airplane with the
defective sensing elements inoperative.
(ii) The applicable instructions and
limitations of the operator’s existing FAAapproved Minimum Equipment List (MEL)
item 36–21–06, sub-item 1, 2, or 3, as
applicable, in accordance with Section 2,
Part A through Part M, of the
Accomplishment Instructions of MHI RJ
Service Bulletin 670BA–36–025, Revision C,
dated May 25, 2022, are accomplished prior
to operation of the airplane with the
defective sensing elements inoperative.
(iii) A placard has been installed on the
BLEED AIR control panel in accordance with
Section 2, Part A through Part M, as
applicable, of the Accomplishment
Instructions of MHI RJ Service Bulletin
670BA–36–025, Revision C, dated May 25,
2022.
(iv) All flightcrew have been advised that
the airplane is dispatched with both bleed air
leak detection loops inoperative.
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(k) Parts Installation Prohibition
As of the effective date of this AD, no
person may install an affected part on any
airplane.
(l) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraphs (h), (i), and (j) of this
AD, if those actions were performed before
the effective date of this AD using the service
information specified in paragraphs (l)(1) and
(2) of this AD. For performing the actions
specified in the service information for the
Group 1 airplanes: If the sensing element was
found not serviceable, replacement is
required before further flight; deferred
replacement of an affected part is prohibited.
For performing the actions specified in the
service information for the Group 2 airplanes:
If the sensing element was found not
serviceable, deferred replacement of the
affected part is acceptable, as specified in
paragraph (j) of this AD.
(1) For Group 1 airplanes:
(i) MHI RJ Service Bulletin 601R–36–021,
dated July 5, 2021.
(ii) MHI RJ Service Bulletin 601R–36–021,
Revision A, dated October 21, 2021.
(iii) MHI RJ Service Bulletin 601R–36–021,
Revision B, dated December 2, 2021.
(iv) MHI RJ Service Bulletin 601R–36–021,
Revision C, dated March 14, 2022.
(2) For Group 2 airplanes:
(i) MHI RJ Service Bulletin 670BA–36–025,
dated July 5, 2021.
(ii) MHI RJ Service Bulletin 670BA–36–
025, Revision A, dated October 21, 2021.
(iii) MHI RJ Service Bulletin 670BA–36–
025, Revision B, dated March 14, 2022.
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(m) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
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 New York ACO Branch,
mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address
identified in paragraph (n)(2) of this AD or
email to: 9-avs-nyaco-cos@faa.gov. 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, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or MHI RJ Aviation ULC’s TCCA
Design Approval Organization (DAO). If
approved by the DAO, the approval must
include the DAO-authorized signature.
(n) Additional Information
(1) Refer to Transport Canada Civil
Aviation (TCCA) AD CF–2022–16R1, dated
July 5, 2022, for related information. This
TCCA AD may be found in the AD docket at
regulations.gov under Docket No. FAA–
2022–1474.
(2) For more information about this AD,
contact Thomas Niczky, Aerospace Engineer,
Avionics & Electrical Systems Section, FAA,
New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7347; email 9-avs-nyacocos@faa.gov.
(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.
(i) MHI RJ Service Bulletin 601R–36–021,
Revision D, dated May 25, 2022.
(ii) MHI RJ Service Bulletin 670BA–36–
025, Revision C, dated May 25, 2022.
(3) For service information identified in
this AD, contact MHI RJ Aviation Group,
Customer Response Center, 3655 Ave. des
Grandes-Tourelles, Suite 110, Boisbriand,
Que´bec J7H 0E2 Canada; North America tollfree telephone 833–990–7272 or direct-dial
telephone 450–990–7272; fax 514–855–8501;
email thd.crj@mhirj.com; website mhirj.com.
(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 service information
that is incorporated by reference at the
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National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on November 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–25117 Filed 11–17–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1473; Project
Identifier MCAI–2022–00902–T]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to
supersede Airworthiness Directive (AD)
2020–21–20, which applies to certain
Dassault Aviation Model FALCON
900EX airplanes. AD 2020–21–20
requires revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive maintenance requirements
and/or airworthiness limitations. Since
the FAA issued AD 2020–21–20, the
FAA has determined that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
continue to require the actions in AD
2020–21–20 and would require 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 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 January 3, 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–
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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–2022–1473; 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 ADs@easa.europa.eu;
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–
2022–1473.
• 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.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone 206–231–3226; email
tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
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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–2022–1473; Project Identifier
MCAI–2022–00902–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
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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,
Aerospace Engineer, Large Aircraft
Section, International Validation
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone 206–231–
3226; email tom.rodriguez@faa.gov. 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 2020–21–20,
Amendment 39–21293 (85 FR 69144,
November 2, 2020) (AD 2020–21–20),
for certain Dassault Aviation Model
FALCON 900EX airplanes. AD 2020–
21–20 was prompted by MCAI
originated by EASA, which is the
Technical Agent for the Member States
of the European Union. EASA issued
AD 2020–0117, dated May 20, 2020
(EASA AD 2020–0117) (which
corresponds to FAA AD 2020–21–20), to
correct an unsafe condition.
AD 2020–21–20 requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive maintenance
requirements and/or airworthiness
limitations. The FAA issued AD 2020–
21–20 to address among other things,
fatigue cracking and damage in
principal structural elements; such
fatigue cracking and damage could
result in reduced structural integrity of
the airplane. AD 2020–21–20 specifies
that accomplishing the actions required
by paragraph (g) or (i) of that AD
terminates the requirements of
paragraph (g)(1) of AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010) for Dassault
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69215
Aviation Model FALCON 900EX
airplanes, serial number (S/N) 97 and
S/Ns 120 and higher. This proposed AD
would therefore continue to allow that
terminating action.
Actions Since AD 2020–21–20 Was
Issued
Since the FAA issued AD 2020–21–
20, EASA superseded EASA AD 2020–
0117 and issued EASA AD 2022–0141,
dated July 7, 2022 (EASA AD 2022–
0141) (referred to after this as the
MCAI), for certain Dassault Aviation
Model FALCON 900EX 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 November 15, 2021 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, among other things, fatigue
cracking and damage in principal
structural elements. The unsafe
condition, if not addressed, could result
in reduced structural integrity of the
airplane. You may examine the MCAI in
the AD docket at regulations.gov under
Docket No. FAA–2022–1473.
Related Service Information Under 1
CFR Part 51
The FAA reviewed EASA AD 2022–
0141. 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 2020–0117, dated May 20,
2020, which the Director of the Federal
Register approved for incorporation by
reference as of December 7, 2020 (85 FR
69144, November 2, 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 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 the State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI described above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
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in other products of the same type
design.
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Proposed AD Requirements in This
NPRM
This proposed AD would retain all
requirements of AD 2020–21–20. 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 2022–
0141 already described, as proposed for
incorporation by reference. Any
differences with EASA AD 2022–0141
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). Compliance
with these actions 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 2020–0117
and incorporate EASA AD 2022–0141
by reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2022–0141
and EASA AD 2020–0117 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 2022–0141 or EASA AD
2020–0117 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
2022–0141 or EASA AD 2020–0117.
Service information required by EASA
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AD 2022–0141 and EASA AD 2020–
0117 for compliance will be available at
regulations.gov by searching for and
locating Docket No. FAA–2022–1473
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) or
intervals may be used unless the actions
and intervals 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 and Intervals’’
paragraph that does not specifically
refer to AMOCs, but operators may still
request an AMOC to use an alternative
action or interval.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 191
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 2020–21–20 to be $7,650 (90 workhours × $85 per work-hour).
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours 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
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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 × $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,
the FAA proposes to amend 14 CFR part
39 as follows:
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Federal Register / Vol. 87, No. 222 / Friday, November 18, 2022 / Proposed Rules
revision of the existing maintenance or
inspection program required by paragraph (j)
of this AD terminates the requirements of this
paragraph.
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2020–21–20, Amendment 39–
21293 (85 FR 69144, November 2, 2020);
and
■ b. Adding the following new AD:
■
■
Dassault Aviation: Docket No. FAA–2022–
1473; Project Identifier MCAI–2022–
00902–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by January 3,
2023.
(b) Affected ADs
(1) This AD replaces AD 2020–21–20,
Amendment 39–21293 (85 FR 69144,
November 2, 2020) (AD 2020–21–20).
(2) This AD affects AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010) (AD 2010–26–05).
(c) Applicability
This AD applies to Dassault Aviation
Model FALCON 900EX airplanes, serial
number (S/N) 97 and S/Ns 120 and higher,
certificated in any category, with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before November 15, 2021.
(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 principal
structural elements. The unsafe condition, if
not addressed, could result in reduced
structural integrity of the airplane.
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(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 2020–21–20, with a new
terminating action. For airplanes with an
original airworthiness certificate or original
export certificate of airworthiness issued on
or before October 2, 2019: 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 2020–0117, dated May 20, 2020
(EASA AD 2020–0117). Accomplishing the
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(h) Retained Exceptions to EASA AD 2020–
0117 With No Changes
This paragraph restates the exceptions
specified in paragraph (j) of AD 2020–21–20,
with no changes.
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2020–
0117 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020–0117
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 2020–0117 within 90 days after
December 7, 2020 (the effective date of AD
2020–21–20).
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2020–0117 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2020–0117, or
within 90 days after December 7, 2020 (the
effective date of AD 2020–21–20), whichever
occurs later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2020–0117 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2020–0117 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 2020–21–20, 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) and
intervals are allowed unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2020–0117.
(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 2022–0141,
dated July 7, 2022. 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 2022–0141
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2022–
0141 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022–0141
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, 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
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
69217
2022–0141 is at the applicable ‘‘limitations’’
and ‘‘associated thresholds’’ as incorporated
by the requirements of paragraph (3) of EASA
AD 2022–0141, or within 90 days after the
effective date of this AD, whichever occurs
later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2022–0141 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2022–0141 does not apply to this AD.
(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
2022–0141.
(m) Terminating Action for Certain Actions
in AD 2010–26–05
Accomplishing the actions required by
paragraph (g) or (j) of this AD terminates the
requirements of paragraph (g)(1) of AD 2010–
26–05, for Dassault Aviation Model FALCON
900EX airplanes, S/N 97 and S/Ns 120 and
higher only.
(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: 9-AVS-AIR-730-AMOC@faa.gov.
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 DOAauthorized signature.
(o) Additional Information
For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone 206–
231–3226; email tom.rodriguez@faa.gov.
(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
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
E:\FR\FM\18NOP1.SGM
18NOP1
69218
Federal Register / Vol. 87, No. 222 / Friday, November 18, 2022 / Proposed Rules
(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
DATE OF PUBLICATION OF THE FINAL
RULE].
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0141, dated July 7, 2022.
(ii) [Reserved]
(4) The following service information was
approved for IBR on December 7, 2020 (85 FR
69144, November 2, 2020).
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0117, dated May 20, 2020.
(ii) [Reserved]
(5) For EASA ADs 2020–0117 and 2022–
0141, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49
221 8999 000; email ADs@easa.europa.eu;
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 service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on November 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–25112 Filed 11–17–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1477; Project
Identifier MCAI–2022–00632–E]
RIN 2120–AA64
Airworthiness Directives; Pratt &
Whitney Canada Corp. Turboprop
Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
khammond on DSKJM1Z7X2PROD with PROPOSALS
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Pratt & Whitney Canada Corp.
(P&WC) PT6E–67XP model turboprop
engines with serial number HP0194 and
earlier. This proposed AD was
prompted by multiple reports of engines
failing to achieve required power
(torque) during high power applications
VerDate Sep<11>2014
16:19 Nov 17, 2022
Jkt 259001
due to internal leaks in the bleed-off
valves (BOVs). This proposed AD would
require replacement of the compressor
BOV assembly, replacement of the BOV
orifice feed air tube assembly, and
installation of a redesigned P3 probe
snorkel, as specified in a Transport
Canada 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 NPRM by January 3, 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–2022–1477; 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 AD, contact Transport
Canada, Transport Canada National
Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario K1A 0N5,
Canada; phone: (888) 663–3639; email:
AD-CN@tc.gc.ca. You may find this
material on the Transport Canada
website at tc.canada.ca/en/aviation.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 1200 District Avenue,
Burlington, MA, 01803. For information
on the availability of this material at the
FAA, call (817) 222–5110.
FOR FURTHER INFORMATION CONTACT:
Barbara Caufield, Aviation Safety
Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803;
phone: (781) 238–7146; email:
barbara.caufield@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2022–1477; Project Identifier
MCAI–2022–00632–E’’ 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 Barbara Caufield,
Aviation Safety Engineer, ECO Branch,
FAA, 1200 District Avenue, Burlington,
MA 01803. Any commentary that the
FAA receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
Transport Canada, which is the
aviation authority for Canada, has
issued Transport Canada AD CF–2022–
26, dated May 26, 2022 (Transport
Canada AD CF–2022–26) (referred to
after this as ‘‘the MCAI’’), to address an
unsafe condition for P&WC PT6E–67XP
model turboprop engines with serial
number HP0194 and earlier. The MCAI
states that there have been reports of
multiple incidents in which engines
were unable to achieve the required
power (torque) during high power
applications. A manufacturer
E:\FR\FM\18NOP1.SGM
18NOP1
]]>Agencies
[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Proposed Rules]
[Pages 69214-69218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25112]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1473; Project Identifier MCAI-2022-00902-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)
2020-21-20, which applies to certain Dassault Aviation Model FALCON
900EX airplanes. AD 2020-21-20 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and/or airworthiness
limitations. Since the FAA issued AD 2020-21-20, the FAA has determined
that new or more restrictive airworthiness limitations are necessary.
This proposed AD would continue to require the actions in AD 2020-21-20
and would require 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 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 January 3,
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-
[[Page 69215]]
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-2022-1473; 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. It is
also available at regulations.gov under Docket No. FAA-2022-1473.
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.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; 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-2022-1473; Project Identifier
MCAI-2022-00902-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, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
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 2020-21-20, Amendment 39-21293 (85 FR 69144,
November 2, 2020) (AD 2020-21-20), for certain Dassault Aviation Model
FALCON 900EX airplanes. AD 2020-21-20 was prompted by MCAI originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2020-0117, dated May 20, 2020 (EASA AD
2020-0117) (which corresponds to FAA AD 2020-21-20), to correct an
unsafe condition.
AD 2020-21-20 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance requirements and/or airworthiness limitations.
The FAA issued AD 2020-21-20 to address among other things, fatigue
cracking and damage in principal structural elements; such fatigue
cracking and damage could result in reduced structural integrity of the
airplane. AD 2020-21-20 specifies that accomplishing the actions
required by paragraph (g) or (i) of that AD terminates the requirements
of paragraph (g)(1) of AD 2010-26-05, Amendment 39-16544 (75 FR 79952,
December 21, 2010) for Dassault Aviation Model FALCON 900EX airplanes,
serial number (S/N) 97 and S/Ns 120 and higher. This proposed AD would
therefore continue to allow that terminating action.
Actions Since AD 2020-21-20 Was Issued
Since the FAA issued AD 2020-21-20, EASA superseded EASA AD 2020-
0117 and issued EASA AD 2022-0141, dated July 7, 2022 (EASA AD 2022-
0141) (referred to after this as the MCAI), for certain Dassault
Aviation Model FALCON 900EX 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 November 15, 2021 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, among other things,
fatigue cracking and damage in principal structural elements. The
unsafe condition, if not addressed, could result in reduced structural
integrity of the airplane. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2022-1473.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2022-0141. 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 2020-0117, dated May
20, 2020, which the Director of the Federal Register approved for
incorporation by reference as of December 7, 2020 (85 FR 69144,
November 2, 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 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 the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
[[Page 69216]]
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain all requirements of AD 2020-21-20.
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 2022-0141 already described, as proposed for incorporation by
reference. Any differences with EASA AD 2022-0141 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).
Compliance with these actions 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 2020-0117 and incorporate
EASA AD 2022-0141 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2022-0141 and EASA AD
2020-0117 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 2022-0141 or EASA AD 2020-0117 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 2022-
0141 or EASA AD 2020-0117. Service information required by EASA AD
2022-0141 and EASA AD 2020-0117 for compliance will be available at
regulations.gov by searching for and locating Docket No. FAA-2022-1473
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) or intervals may be used unless the actions and intervals
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 and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 191 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 2020-21-20 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, the FAA proposes to amend 14 CFR part 39 as follows:
[[Page 69217]]
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) 2020-21-20, Amendment 39-21293
(85 FR 69144, November 2, 2020); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2022-1473; Project Identifier
MCAI-2022-00902-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 3, 2023.
(b) Affected ADs
(1) This AD replaces AD 2020-21-20, Amendment 39-21293 (85 FR
69144, November 2, 2020) (AD 2020-21-20).
(2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (AD 2010-26-05).
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 900EX
airplanes, serial number (S/N) 97 and S/Ns 120 and higher,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before November 15, 2021.
(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 principal structural elements. The unsafe condition, if
not addressed, 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
2020-21-20, with a new terminating action. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before October 2, 2019: 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 2020-0117, dated May
20, 2020 (EASA AD 2020-0117). 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 2020-0117 With No Changes
This paragraph restates the exceptions specified in paragraph
(j) of AD 2020-21-20, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0117 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020-0117 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 2020-0117 within 90 days after December 7, 2020 (the
effective date of AD 2020-21-20).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0117 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0117, or
within 90 days after December 7, 2020 (the effective date of AD
2020-21-20), whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0117 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2020-0117 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
2020-21-20, 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) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2020-0117.
(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 2022-0141, dated July 7, 2022.
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 2022-0141
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0141 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0141 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, 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 2022-0141 is at the applicable ``limitations''
and ``associated thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2022-0141, or within 90 days after the
effective date of this AD, whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0141 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2022-0141 does not apply
to this AD.
(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 2022-0141.
(m) Terminating Action for Certain Actions in AD 2010-26-05
Accomplishing the actions required by paragraph (g) or (j) of
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model FALCON 900EX airplanes, S/N 97
and S/Ns 120 and higher only.
(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,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 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 paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
[[Page 69218]]
(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 DATE OF PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency (EASA) AD 2022-0141,
dated July 7, 2022.
(ii) [Reserved]
(4) The following service information was approved for IBR on
December 7, 2020 (85 FR 69144, November 2, 2020).
(i) European Union Aviation Safety Agency (EASA) AD 2020-0117,
dated May 20, 2020.
(ii) [Reserved]
(5) For EASA ADs 2020-0117 and 2022-0141, 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 service information 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 November 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-25112 Filed 11-17-22; 8:45 am]
BILLING CODE 4910-13-P
