Airworthiness Directives; Dassault Aviation Airplanes, 80439-80441 [2022-28383]
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Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Rules and Regulations
consummated in 2021 for which the
application was received before April 1,
2021.
9. For calendar year 2021, the asset
threshold was $2,230,000,000. A
creditor that together with the assets of
its affiliates that regularly extended
first-lien covered transactions during
calendar year 2020 had total assets of
less than $2,230,000,000 on December
31, 2020, satisfied this criterion for
purposes of any loan consummated in
2021 and for purposes of any loan
consummated in 2022 for which the
application was received before April 1,
2022.
10. For calendar year 2022, the asset
threshold was $2,336,000,000. A
creditor that together with the assets of
its affiliates that regularly extended
first-lien covered transactions during
calendar year 2021 had total assets of
less than $2,336,000,000 on December
31, 2021, satisfied this criterion for
purposes of any loan consummated in
2022 and for purposes of any loan
consummated in 2023 for which the
application was received before April 1,
2023.
iv. The creditor and its affiliates do
not maintain an escrow account for any
mortgage transaction being serviced by
the creditor or its affiliate at the time the
transaction is consummated, except as
provided in § 1026.35(b)(2)(iii)(D)(1)
and (2). Thus, the exemption applies,
provided the other conditions of
§ 1026.35(b)(2)(iii) (or, if applicable, the
conditions for the exemption in
§ 1026.35(b)(2)(vi)) are satisfied, even if
the creditor previously maintained
escrow accounts for mortgage loans,
provided it no longer maintains any
such accounts except as provided in
§ 1026.35(b)(2)(iii)(D)(1) and (2). Once a
creditor or its affiliate begins escrowing
for loans currently serviced other than
those addressed in
§ 1026.35(b)(2)(iii)(D)(1) and (2),
however, the creditor and its affiliate
become ineligible for the exemption in
§ 1026.35(b)(2)(iii) and (vi) on higherpriced mortgage loans they make while
such escrowing continues. Thus, as long
as a creditor (or its affiliate) services and
maintains escrow accounts for any
mortgage loans, other than as provided
in § 1026.35(b)(2)(iii)(D)(1) and (2), the
creditor will not be eligible for the
exemption for any higher-priced
mortgage loan it may make. For
purposes of § 1026.35(b)(2)(iii) and (vi),
a creditor or its affiliate ‘‘maintains’’ an
escrow account only if it services a
mortgage loan for which an escrow
account has been established at least
through the due date of the second
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periodic payment under the terms of the
legal obligation.
*
*
*
*
*
Paragraph 35(b)(2)(vi)(A).
1. The asset threshold in
§ 1026.35(b)(2)(vi)(A) will adjust
automatically each year, based on the
year-to-year change in the average of the
Consumer Price Index for Urban Wage
Earners and Clerical Workers, not
seasonally adjusted, for each 12-month
period ending in November, with
rounding to the nearest million dollars.
Unlike the asset threshold in
§ 1026.35(b)(2)(iii) and the other
thresholds in § 1026.35(b)(2)(vi),
affiliates are not considered in
calculating compliance with this
threshold. The Bureau will publish
notice of the asset threshold each year
by amending this comment. For
calendar year 2023, the asset threshold
is $11,374,000,000. A creditor that is an
insured depository institution or
insured credit union that during
calendar year 2022 had assets of
$11,374,000,000 or less on December 31,
2022, satisfies this criterion for purposes
of any loan consummated in 2023 and
for purposes of any loan secured by a
first lien on a principal dwelling of a
consumer consummated in 2024 for
which the application was received
before April 1, 2024. For historical
purposes:
1. For calendar year 2021, the asset
threshold was $10,000,000,000.
Creditors that had total assets of
10,000,000,000 or less on December 31,
2020, satisfied this criterion for
purposes of any loan consummated in
2021 and for purposes of any loan
secured by a first lien on a principal
dwelling of a consumer consummated
in 2022 for which the application was
received before April 1, 2022.
2. For calendar year 2022, the asset
threshold was $10,473,000,000.
Creditors that had total assets of
$10,473,000,000 or less on December 31,
2021, satisfied this criterion for
purposes of any loan consummated in
2022 and for purposes of any loan
secured by a first lien on a principal
dwelling of a consumer consummated
in 2023 for which the application was
received before April 1, 2023.
Laura Galban,
Federal Register Liaison, Consumer Financial
Protection Bureau.
[FR Doc. 2022–28439 Filed 12–29–22; 8:45 am]
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80439
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1238; Project
Identifier MCAI–2022–00741–T; Amendment
39–22290; AD 2022–27–05]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2022–09–
15, which applied to all Dassault
Aviation Model FALCON 2000 and
FALCON 2000EX airplanes. AD 2022–
09–15 required relocating affected
servo-valves and revising the existing
airplane flight manual (AFM) to provide
temporary information necessary to
operate airplanes fitted with at least one
affected brake servo-valve. AD 2022–09–
15 also limited or prohibited the
installation of affected brake servovalves. This AD was prompted by a
determination that replacing certain
brake servo-valves is necessary to
address the unsafe condition. This AD
continues to require the actions in AD
2022–09–15, including the parts
installation limitation or prohibition,
and also requires replacing an affected
part with a serviceable part, as specified
in a European Union Aviation Safety
Agency (EASA) AD, which is
incorporated by reference (IBR). The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective February 3,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of May 31, 2022 (87 FR 29217, May
13, 2022).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1238; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
SUMMARY:
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80440
Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Rules and Regulations
• For EASA material incorporated by
reference in this AD, 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.
• 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. It is also available at
regulations.gov under Docket No. FAA–
2022–1238.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer, Large
Aircraft Section, FAA, International
Validation Branch, 2200 South 216th
St., Des Moines, WA 98198; telephone:
206–231–3226; email: Tom.Rodriguez@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2022–09–15,
Amendment 39–22035 (87 FR 29217,
May 13, 2022), (AD 2022–09–15). AD
2022–09–15 applied to all Dassault
Aviation Model FALCON 2000 and
FALCON 2000EX airplanes. AD 2022–
09–15 required relocating affected
servo-valves and revising the existing
AFM to provide temporary information
necessary to operate airplanes fitted
with at least one affected brake servovalve. AD 2022–09–15 also limited or
prohibited the installation of affected
brake servo-valves. The FAA issued AD
2022–09–15 to prevent temporary
failure of the brake servo-valves, which
could lead to reduced braking
performance during landing including
degraded or dissymmetric braking,
possibly resulting in reduced control of
the airplane, lateral excursion of the
runway, and consequent damage to the
airplane.
The NPRM published in the Federal
Register on October 20, 2022 (87 FR
63706). The NPRM was prompted by
Emergency AD 2022–0068–E, dated
April 14, 2022, issued by EASA, which
is the Technical Agent for the Member
States of the European Union (EASA
Emergency AD 2022–0068–E) (referred
to after this as the MCAI). The MCAI
states that occurrences were reported of
brake system failure during landing.
Subsequent investigation determined
the root cause to be a brake controlvalve failure which was a result of
application of inappropriate oiling
during production and maintenance,
affecting a specific batch of affected
parts. This condition, if not addressed,
could lead to reduced braking
performance during landing, possibly
resulting in reduced control of, and
consequent damage to, the airplane. The
NPRM was also prompted by a
determination that replacing certain
brake servo-valves is necessary to
address the unsafe condition. AD 2022–
09–15 did not require that replacement,
because the planned compliance time
for that replacement would have
allowed enough time to provide notice
and opportunity for prior public
comment on the merits of the action.
The FAA determined that the
replacement is needed, and is therefore
issuing this AD to require the
replacement.
In the NPRM, the FAA proposed to
retain all of the requirements of AD
2022–09–15, including the parts
installation limitation or prohibition.
The NPRM also proposed to require
replacing affected brake servo-valves, as
specified in EASA Emergency AD 2022–
0068–E.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1238.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the NPRM or on the determination of
the cost to the public.
Conclusion
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
reviewed the relevant data and
determined that air safety requires
adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on this
product. Except for minor editorial
changes, this AD is adopted as proposed
in the NPRM. None of the changes will
increase the economic burden on any
operator.
Related Service Information Under 1
CFR Part 51
This AD requires EASA Emergency
AD 2022–0068–E, which the Director of
the Federal Register approved for
incorporation by reference as of May 31,
2022 (87 FR 29217, May 13, 2022). This
material is reasonably available because
the interested parties have access to it
through their normal course of business
or by the means identified in
ADDRESSES.
Costs of Compliance
The FAA estimates that this AD
affects 441 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
khammond on DSKJM1Z7X2PROD with RULES
ESTIMATED COSTS
Action
Labor cost
Relocation ...................
AFM revision ...............
Replacement ...............
10 work-hours × $85 per hour = $850 ...............................................
1 work-hour × $85 per hour = $85 .....................................................
10 work-hours × $85 per hour = $850 ...............................................
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this AD may be covered
under warranty, thereby reducing the
cost impact on affected operators.
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16:40 Dec 29, 2022
Jkt 259001
Parts cost
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
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$0
0
11,690
Cost per
product
$850
85
12,540
Cost on U.S.
operators
$374,850
37,485
5,530,140
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
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Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Rules and Regulations
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 has determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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
2022–09–15, Amendment 39–22035 (87
FR 29217, May 13, 2022); and
■ b. Adding the following new
airworthiness directive:
■
■
khammond on DSKJM1Z7X2PROD with RULES
2022–27–05 Dassault Aviation:
Amendment 39–22290; Docket No.
FAA–2022–1238; Project Identifier
MCAI–2022–00741–T.
(a) Effective Date
This airworthiness directive (AD) is
effective February 3, 2023.
(b) Affected ADs
This AD replaces AD 2022–09–15,
Amendment 39–22035 (87 FR 29217, May 13,
2022) (AD 2022–09–15).
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16:40 Dec 29, 2022
Jkt 259001
(c) Applicability
This AD applies to all Dassault Aviation
Model FALCON 2000 and FALCON 2000EX
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing gear.
(e) Unsafe Condition
This AD was prompted by a determination
that replacing certain brake servo-valves is
necessary and reports of brake system
failures during landing. The FAA is issuing
this AD to prevent temporary failure of the
brake servo-valves, which could lead to
reduced braking performance during landing
including degraded or dissymmetric braking,
possibly resulting in reduced control of the
airplane, lateral excursion of the runway, and
consequent damage to the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraphs (h) and
(i) of this AD: Comply with all required
actions and compliance times specified in,
and in accordance with, European Union
Aviation Safety Agency (EASA) Emergency
AD 2022–0068–E, dated April 14, 2022
(EASA Emergency AD 2022–0068–E).
(h) Exceptions to EASA Emergency AD 2022–
0068–E
(1) Where paragraphs (1) and (2) of EASA
Emergency AD 2022–0068–E refer to its
effective date, this AD requires using May 31,
2022 (the effective date of AD 2022–09–15).
(2) Where paragraph (4) of EASA
Emergency AD 2022–0068–E refers to its
effective date, this AD requires using the
effective date of this AD.
(3) Where paragraph (2) of EASA
Emergency AD 2022–0068–E specifies to
‘‘inform all flight crews, and, thereafter,
operate the aeroplane accordingly,’’ this AD
does not require those actions as those
actions are already required by existing FAA
operating regulations (see 14 CFR 91.9,
91.505, and 121.137).
(4) This AD does not adopt the ‘‘Remarks’’
section of EASA Emergency AD 2022–0068–
E.
(i) No Reporting or Return of Parts
Although the service information
referenced in EASA Emergency AD 2022–
0068–E specifies to submit certain
information and send removed parts to the
manufacturer, this AD does not include that
requirement.
(j) Additional FAA 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
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80441
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (k) 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.
(k) Additional Information
For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des
Moines, WA 98198; telephone 206–231–
3226; email Tom.Rodriguez@faa.gov.
(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 the AD specifies otherwise.
(3) The following service information was
approved for IBR on May 31, 2022 (87 FR
29217, May 13, 2022).
(i) European Union Aviation Safety Agency
(EASA) Emergency AD 2022–0068–E, dated
April 14, 2022.
(ii) [Reserved]
(4) For EASA Emergency AD 2022–0068–
E, 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
EASA AD on the EASA website at
ad.easa.europa.eu.
(5) 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.
(6) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on December 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–28383 Filed 12–29–22; 8:45 am]
BILLING CODE 4910–13–P
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Agencies
[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Rules and Regulations]
[Pages 80439-80441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28383]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1238; Project Identifier MCAI-2022-00741-T;
Amendment 39-22290; AD 2022-27-05]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-09-
15, which applied to all Dassault Aviation Model FALCON 2000 and FALCON
2000EX airplanes. AD 2022-09-15 required relocating affected servo-
valves and revising the existing airplane flight manual (AFM) to
provide temporary information necessary to operate airplanes fitted
with at least one affected brake servo-valve. AD 2022-09-15 also
limited or prohibited the installation of affected brake servo-valves.
This AD was prompted by a determination that replacing certain brake
servo-valves is necessary to address the unsafe condition. This AD
continues to require the actions in AD 2022-09-15, including the parts
installation limitation or prohibition, and also requires replacing an
affected part with a serviceable part, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference
(IBR). The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective February 3, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 31, 2022
(87 FR 29217, May 13, 2022).
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1238; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
[[Page 80440]]
For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
You may view this 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. It is also available at
regulations.gov under Docket No. FAA-2022-1238.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone: 206-231-3226; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-09-15, Amendment 39-22035 (87 FR
29217, May 13, 2022), (AD 2022-09-15). AD 2022-09-15 applied to all
Dassault Aviation Model FALCON 2000 and FALCON 2000EX airplanes. AD
2022-09-15 required relocating affected servo-valves and revising the
existing AFM to provide temporary information necessary to operate
airplanes fitted with at least one affected brake servo-valve. AD 2022-
09-15 also limited or prohibited the installation of affected brake
servo-valves. The FAA issued AD 2022-09-15 to prevent temporary failure
of the brake servo-valves, which could lead to reduced braking
performance during landing including degraded or dissymmetric braking,
possibly resulting in reduced control of the airplane, lateral
excursion of the runway, and consequent damage to the airplane.
The NPRM published in the Federal Register on October 20, 2022 (87
FR 63706). The NPRM was prompted by Emergency AD 2022-0068-E, dated
April 14, 2022, issued by EASA, which is the Technical Agent for the
Member States of the European Union (EASA Emergency AD 2022-0068-E)
(referred to after this as the MCAI). The MCAI states that occurrences
were reported of brake system failure during landing. Subsequent
investigation determined the root cause to be a brake control-valve
failure which was a result of application of inappropriate oiling
during production and maintenance, affecting a specific batch of
affected parts. This condition, if not addressed, could lead to reduced
braking performance during landing, possibly resulting in reduced
control of, and consequent damage to, the airplane. The NPRM was also
prompted by a determination that replacing certain brake servo-valves
is necessary to address the unsafe condition. AD 2022-09-15 did not
require that replacement, because the planned compliance time for that
replacement would have allowed enough time to provide notice and
opportunity for prior public comment on the merits of the action. The
FAA determined that the replacement is needed, and is therefore issuing
this AD to require the replacement.
In the NPRM, the FAA proposed to retain all of the requirements of
AD 2022-09-15, including the parts installation limitation or
prohibition. The NPRM also proposed to require replacing affected brake
servo-valves, as specified in EASA Emergency AD 2022-0068-E.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1238.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.
Related Service Information Under 1 CFR Part 51
This AD requires EASA Emergency AD 2022-0068-E, which the Director
of the Federal Register approved for incorporation by reference as of
May 31, 2022 (87 FR 29217, May 13, 2022). This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in
ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 441 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Relocation............................ 10 work-hours x $85 per $0 $850 $374,850
hour = $850.
AFM revision.......................... 1 work-hour x $85 per 0 85 37,485
hour = $85.
Replacement........................... 10 work-hours x $85 per 11,690 12,540 5,530,140
hour = $850.
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil
[[Page 80441]]
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 has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive 2022-09-15, Amendment 39-22035 (87
FR 29217, May 13, 2022); and
0
b. Adding the following new airworthiness directive:
2022-27-05 Dassault Aviation: Amendment 39-22290; Docket No. FAA-
2022-1238; Project Identifier MCAI-2022-00741-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 3, 2023.
(b) Affected ADs
This AD replaces AD 2022-09-15, Amendment 39-22035 (87 FR 29217,
May 13, 2022) (AD 2022-09-15).
(c) Applicability
This AD applies to all Dassault Aviation Model FALCON 2000 and
FALCON 2000EX airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Unsafe Condition
This AD was prompted by a determination that replacing certain
brake servo-valves is necessary and reports of brake system failures
during landing. The FAA is issuing this AD to prevent temporary
failure of the brake servo-valves, which could lead to reduced
braking performance during landing including degraded or
dissymmetric braking, possibly resulting in reduced control of the
airplane, lateral excursion of the runway, and consequent damage to
the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA)
Emergency AD 2022-0068-E, dated April 14, 2022 (EASA Emergency AD
2022-0068-E).
(h) Exceptions to EASA Emergency AD 2022-0068-E
(1) Where paragraphs (1) and (2) of EASA Emergency AD 2022-0068-
E refer to its effective date, this AD requires using May 31, 2022
(the effective date of AD 2022-09-15).
(2) Where paragraph (4) of EASA Emergency AD 2022-0068-E refers
to its effective date, this AD requires using the effective date of
this AD.
(3) Where paragraph (2) of EASA Emergency AD 2022-0068-E
specifies to ``inform all flight crews, and, thereafter, operate the
aeroplane accordingly,'' this AD does not require those actions as
those actions are already required by existing FAA operating
regulations (see 14 CFR 91.9, 91.505, and 121.137).
(4) This AD does not adopt the ``Remarks'' section of EASA
Emergency AD 2022-0068-E.
(i) No Reporting or Return of Parts
Although the service information referenced in EASA Emergency AD
2022-0068-E specifies to submit certain information and send removed
parts to the manufacturer, this AD does not include that
requirement.
(j) Additional FAA 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 (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,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
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 the AD specifies otherwise.
(3) The following service information was approved for IBR on
May 31, 2022 (87 FR 29217, May 13, 2022).
(i) European Union Aviation Safety Agency (EASA) Emergency AD
2022-0068-E, dated April 14, 2022.
(ii) [Reserved]
(4) For EASA Emergency AD 2022-0068-E, 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.
(5) 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.
(6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on December 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-28383 Filed 12-29-22; 8:45 am]
BILLING CODE 4910-13-P