Airworthiness Directives; Dassault Aviation Airplanes, 8740-8743 [2023-02782]
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8740
Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Rules and Regulations
available to the pilot, it cannot produce
hazardous loads on the rotorcraft, or
create hazardous deviations in the flight
path, under any flight condition
appropriate to its use or in the event of
a malfunction, assuming that corrective
action begins within a reasonable period
of time.
(e) If the automatic pilot and flight
guidance system integrates signals from
auxiliary controls or furnishes signals
for operation of other equipment, there
must be a means to prevent improper
operation.
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■ 22. Amend § 29.1333 by revising
paragraph (a) to read as follows:
§ 29.1333
Instrument systems.
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(a) For pneumatic systems, only the
required flight instruments for the first
pilot may be connected to that operating
system.
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§ 29.1335
[Removed]
23. Remove § 29.1335.
24. Amend § 29.1351 by adding
paragraphs (e) and (f) to read as follows:
■
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§ 29.1351
General.
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(e) Electrical equipment, controls, and
wiring must be installed so that
operation of any one unit or system of
units will not adversely affect the
simultaneous operation of any other
electrical unit or system essential to safe
operation.
(f) Cables must be grouped, routed,
and spaced so that damage to essential
circuits will be minimized if there are
faults in heavy current-carrying cables.
■ 25. Revise § 29.1353 to read as
follows:
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§ 29.1353
Energy storage systems.
Energy storage systems must be
designed and installed as follows:
(a) Energy storage systems must
provide automatic protective features
for any conditions that could prevent
continued safe flight and landing.
(b) Energy storage systems must not
emit any flammable, explosive, or toxic
gases, smoke, or fluids that could
accumulate in hazardous quantities
within the rotorcraft.
(c) Corrosive fluids or gases that
escape from the system must not
damage surrounding structures, adjacent
equipment, or systems necessary for
continued safe flight and landing.
(d) The maximum amount of heat and
pressure that can be generated during
any operation or under any failure
condition of the energy storage system
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or its individual components must not
result in any hazardous effect on
rotorcraft structure, equipment, or
systems necessary for continued safe
flight and landing.
(e) Energy storage system installations
required for continued safe flight and
landing of the rotorcraft must have
monitoring features and a means to
indicate to the pilot the status of all
critical system parameters.
■ 26. Amend § 29.1517 by revising the
section heading to read as follows:
§ 29.1517 Limiting height-velocity
envelope.
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27. Amend § 29.1545 by revising
paragraph (b) to read as follows:
■
§ 29.1545
Airspeed indicator.
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(b) The following markings must be
made:
(1) A red line:
(i) For rotorcraft other than
helicopters, at VNE.
(ii) For helicopters, at VNE (power-on).
(iii) For helicopters, at VNE (poweroff). If VNE (power-off) is less than VNE
(power-on) and both are simultaneously
displayed, the red line at VNE (poweroff) must be clearly distinguishable from
the red line at VNE (power-on).
(2) [Reserved]
(3) For the caution range, a yellow
range.
(4) For the normal operating range, a
green or unmarked range.
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■ 28. Amend § 29.1549 by revising
paragraphs (a) through (d) to read as
follows:
§ 29.1549
Powerplant instruments.
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(a) Each maximum and, if applicable,
minimum safe operating limit must be
marked with a red line;
(b) Each normal operating range must
be marked as a green or unmarked
range;
(c) Each takeoff and precautionary
range must be marked with a yellow
range or yellow line;
(d) Each engine or rotor range that is
restricted because of excessive vibration
stresses must be marked with red ranges
or red lines; and
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■ 29. Amend § 29.1555 by revising
paragraph (c)(1) to read as follows:
system must be indicated at the fuel
quantity indicator unless it is:
(i) Provided by another system or
equipment readily accessible to the
pilot; and
(ii) Contained in the limitations
section of the rotorcraft flight manual.
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■ 30. Amend § 29.1587 by revising
paragraph (b)(6) to read as follows:
§ 29.1587
Performance information.
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(b) * * *
(6) The height-velocity envelope
except for rotorcraft incorporating this
as an operating limitation;
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■ 31. Amend appendix B to part 29 by
revising paragraphs VIII introductory
text and VIII(b)(5)(i) to read as follows:
Appendix B to Part 29—Airworthiness
Criteria for Helicopter Instrument
Flight
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VIII. Equipment, systems, and installation.
The basic equipment and installation must
comply with §§ 29.1303, 29.1431, and
29.1433, with the following exceptions and
additions:
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(b) * * *
(5) * * *
(i) For pneumatic systems, only the
required flight instruments for the first pilot
may be connected to that operating system;
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Issued in Washington, DC, on or about
February 6, 2023.
Billy Nolen,
Acting Administrator.
[FR Doc. 2023–02771 Filed 2–9–23; 8:45 am]
BILLING CODE 4910–13–P
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§ 29.1555
Control markings.
*
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1411; Project
Identifier MCAI–2022–00912–T; Amendment
39–22320; AD 2023–02–13]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2020–21–
19, which applied to certain Dassault
Aviation Model FALCON 900EX
airplanes. AD 2020–21–19 required
SUMMARY:
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(c) * * *
(1) For fuel systems having no selector
controls, the usable fuel capacity of the
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DEPARTMENT OF TRANSPORTATION
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Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Rules and Regulations
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. This AD was
prompted by a determination that new
or more restrictive airworthiness
limitations are necessary. This AD
continues to require the actions in AD
2020–21–19, and also requires revising
the existing maintenance or inspection
program, as applicable, to incorporate
additional new or more restrictive
airworthiness limitations; as specified
in a European Union Aviation Safety
Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective March 17,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of March 17, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of December 7, 2020 (85 FR
69142, November 2, 2020).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1411; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For material incorporated by
reference in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email 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 material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket at
regulations.gov under Docket No. FAA–
2022–1411.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
VerDate Sep<11>2014
15:43 Feb 09, 2023
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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 2020–21–19,
Amendment 39–21292 (85 FR 69142,
November 2, 2020) (AD 2020–21–19).
AD 2020–21–19 applied to certain
Dassault Aviation Model FALCON
900EX airplanes. AD 2020–21–19
required revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
The FAA issued AD 2020–21–19 to
address reduced structural integrity of
the airplane. AD 2020–21–19 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 numbers 1 through 96
inclusive, and serial numbers 98
through 119 inclusive. This AD
therefore continues to allow that
terminating action.
The NPRM published in the Federal
Register on November 10, 2022 (87 FR
67849). The NPRM was prompted by
AD 2022–0144, dated July 11, 2022,
issued by EASA, which is the Technical
Agent for the Member States of the
European Union (EASA AD 2022–0144)
(referred to after this as the MCAI). The
MCAI states that new or more restrictive
airworthiness limitations have been
developed.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1411.
In the NPRM, the FAA proposed to
continue to require the actions in AD
2020–21–19 and to require revising the
existing maintenance or inspection
program, as applicable, to incorporate
additional new or more restrictive
airworthiness limitations, as specified
in EASA AD 2022–0144.
The FAA is issuing this AD to address
reduced structural integrity of the
airplane.
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
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8741
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
reviewed the relevant data and
determined that air safety requires
adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on this
product. Except for minor editorial
changes, this AD is adopted as proposed
in the NPRM. None of the changes will
increase the economic burden on any
operator.
Related Service Information Under 1
CFR Part 51
EASA AD 2022–0144 specifies new or
more restrictive airworthiness
limitations for airplane structures and
safe life limits.
This AD also requires EASA AD
2020–0116, dated May 20, 2020, which
the Director of the Federal Register
approved for incorporation by reference
as of December 7, 2020 (85 FR 69142,
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 the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 88 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
The FAA estimates the total cost per
operator for the retained actions from
AD 2020–21–19 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
is more accurate than a per-airplane
estimate.
The FAA estimates the total cost per
operator for the new actions to be
$7,650 (90 work-hours × $85 per workhour).
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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Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Rules and Regulations
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.
(a) Effective Date
This airworthiness directive (AD) is
effective March 17, 2023.
Regulatory Findings
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
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
2020–21–19, Amendment 39–21292 (85
FR 69142, November 2, 2020); and
■ b. Adding the following new
airworthiness directive:
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■
■
2023–02–13 Dassault Aviation:
Amendment 39–22320; Docket No.
FAA–2022–1411; Project Identifier
MCAI–2022–00912–T.
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(b) Affected ADs
(1) This AD replaces AD 2020–21–19,
Amendment 39–21292 (85 FR 69142,
November 2, 2020) (AD 2020–21–19).
(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, certificated
in any category, as identified in European
Union Aviation Safety Agency (EASA) AD
2022–0144, dated July 11, 2022 (EASA AD
2022–0144).
(e) Unsafe Condition
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address reduced structural
integrity 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 2020–21–19, with a new
terminating action. Except as specified in
paragraph (h) of this AD: Comply with all
required actions and compliance times
specified in, and in accordance with, EASA
AD 2020–0116, dated May 20, 2020 (EASA
AD 2020–0116). 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–
0116, With No Changes
This paragraph restates the exceptions
specified in paragraph (j) of AD 2020–21–10,
with no changes.
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2020–
0116 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020–0116
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 2020–0116 within 90 days after
December 7, 2020 (the effective date of AD
2020–21–19).
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2020–0116 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2020–0116, or
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within 90 days after December 7, 2020 (the
effective date of AD 2020–21–19), whichever
occurs later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2020–0116 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2020–0116 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 2020–21–19, 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
2020–0116.
(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 2022–0144.
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 2022–0144
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2022–
0144 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022–0144
specifies revising ‘‘the approved AMP’’
within 12 months after its effective date, but
this AD requires revising the existing
maintenance or inspection program, as
applicable, within 90 days after the effective
date of this AD.
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2022–0144 is at the applicable
‘‘associated thresholds’’ as incorporated by
the requirements of paragraph (3) of EASA
AD 2022–0144, 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 2022–0144 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2022–0144 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
2022–0144.
(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, serial numbers 1 through 96
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inclusive, and serial numbers 98 through 119
inclusive 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.
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(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.
(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 March 17, 2023.
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0144, dated July 11, 2022.
(ii) [Reserved]
(4) The following service information was
approved for IBR on December 7, 2020 (85 FR
69142, November 2, 2020).
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0116, dated May 20, 2020.
(ii) [Reserved]
(5) For EASA ADs 2022–0144 and 2020–
0116, 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 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.
(7) You may view this material that is
incorporated by reference at the National
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15:43 Feb 09, 2023
Jkt 259001
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 January 25, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–02782 Filed 2–9–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0684; Project
Identifier MCAI–2021–01204–T; Amendment
39–22287; AD 2022–27–02]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Bombardier, Inc., Model BD–700–2A12
airplanes. This AD was prompted by a
report of a lateral offset observed on the
head-up display (HUD) of several
airplanes between the synthetic vision
system (SVS) and actual runway due to
mechanical misalignment of the HUD
during manufacturing and assembly.
This AD requires revising the existing
airplane flight manual (AFM) to prohibit
steep approach landing (SAL) and
enhanced flight vision system (EFVS)
operations. This AD also requires
calibrating the HUD. The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective March 17,
2023.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of March 17, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–0684; 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
SUMMARY:
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8743
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact Bombardier
Business Aircraft Customer Response
Center, 400 Coˆte-Vertu Road West,
Dorval, Que´bec H4S 1Y9, Canada;
telephone 1–514–855–2999; email
ac.yul@aero.bombardier.com; website
bombardier.com.
• 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–
2022–0684.
FOR FURTHER INFORMATION CONTACT:
Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems
Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–
228–7347; email 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Bombardier, Inc., Model
BD–700–2A12 airplanes. The NPRM
published in the Federal Register on
June 21, 2022 (87 FR 36783). The NPRM
was prompted by AD CF–2021–36,
dated November 1, 2021, issued by
Transport Canada, which is the aviation
authority for Canada (referred to after
this as the MCAI). The MCAI states that
during production activities, a lateral
offset was observed on the HUD of
several airplanes between the SVS and
actual runway. An investigation
determined the cause of the offset to be
mechanical misalignment of the HUD
during manufacturing and assembly.
This offset, if not corrected, will create
an incorrect airplane reference display
on the HUD, which could lead to
excessive deviation during landing. This
could particularly affect SAL or EFVS
operations.
In the NPRM, the FAA proposed to
require revising the existing AFM to
prohibit SAL and EFVS operations, and
calibrating the HUD. The FAA is issuing
this AD to address the unsafe condition
on these products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–0684.
E:\FR\FM\10FER1.SGM
10FER1
Agencies
[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Rules and Regulations]
[Pages 8740-8743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02782]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1411; Project Identifier MCAI-2022-00912-T;
Amendment 39-22320; AD 2023-02-13]
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) 2020-21-
19, which applied to certain Dassault Aviation Model FALCON 900EX
airplanes. AD 2020-21-19 required
[[Page 8741]]
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. This
AD was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. This AD continues to require
the actions in AD 2020-21-19, and also requires revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations; as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective March 17, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 17,
2023.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
December 7, 2020 (85 FR 69142, November 2, 2020).
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1411; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1411.
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:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-21-19, Amendment 39-21292 (85 FR
69142, November 2, 2020) (AD 2020-21-19). AD 2020-21-19 applied to
certain Dassault Aviation Model FALCON 900EX airplanes. AD 2020-21-19
required revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2020-21-19 to address reduced structural
integrity of the airplane. AD 2020-21-19 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 numbers 1 through 96 inclusive, and serial
numbers 98 through 119 inclusive. This AD therefore continues to allow
that terminating action.
The NPRM published in the Federal Register on November 10, 2022 (87
FR 67849). The NPRM was prompted by AD 2022-0144, dated July 11, 2022,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2022-0144) (referred to after this as the
MCAI). The MCAI states that new or more restrictive airworthiness
limitations have been developed.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1411.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2020-21-19 and to require revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, as specified in EASA AD
2022-0144.
The FAA is issuing this AD to address reduced structural integrity
of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0144 specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD also requires EASA AD 2020-0116, dated May 20, 2020, which
the Director of the Federal Register approved for incorporation by
reference as of December 7, 2020 (85 FR 69142, 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 the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 88 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2020-21-19 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 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
[[Page 8742]]
detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive 2020-21-19, Amendment 39-21292 (85
FR 69142, November 2, 2020); and
0
b. Adding the following new airworthiness directive:
2023-02-13 Dassault Aviation: Amendment 39-22320; Docket No. FAA-
2022-1411; Project Identifier MCAI-2022-00912-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 17, 2023.
(b) Affected ADs
(1) This AD replaces AD 2020-21-19, Amendment 39-21292 (85 FR
69142, November 2, 2020) (AD 2020-21-19).
(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, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2022-0144, dated July 11,
2022 (EASA AD 2022-0144).
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity 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
2020-21-19, with a new terminating action. Except as specified in
paragraph (h) of this AD: Comply with all required actions and
compliance times specified in, and in accordance with, EASA AD 2020-
0116, dated May 20, 2020 (EASA AD 2020-0116). 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 2020-0116, With No Changes
This paragraph restates the exceptions specified in paragraph
(j) of AD 2020-21-10, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0116 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020-0116 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 2020-0116 within 90 days after December 7, 2020 (the
effective date of AD 2020-21-19).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0116 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0116, or
within 90 days after December 7, 2020 (the effective date of AD
2020-21-19), whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0116 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2020-0116 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
2020-21-19, 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 2020-0116.
(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 2022-0144. 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 2022-0144
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0144 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0144 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0144 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2022-0144, 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 2022-0144 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2022-0144 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 2022-0144.
(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, serial
numbers 1 through 96
[[Page 8743]]
inclusive, and serial numbers 98 through 119 inclusive 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.
(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
March 17, 2023.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0144,
dated July 11, 2022.
(ii) [Reserved]
(4) The following service information was approved for IBR on
December 7, 2020 (85 FR 69142, November 2, 2020).
(i) European Union Aviation Safety Agency (EASA) AD 2020-0116,
dated May 20, 2020.
(ii) [Reserved]
(5) For EASA ADs 2022-0144 and 2020-0116, 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 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.
(7) 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 January 25, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-02782 Filed 2-9-23; 8:45 am]
BILLING CODE 4910-13-P