Airworthiness Directives; Dassault Aviation Airplanes, 20062-20065 [2023-07027]
Download as PDF
20062
Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Rules and Regulations
(2) For the purpose of this AD, an ‘‘HPT
inner stationary seal that is eligible for
installation’’ is an HPT inner stationary seal:
(i) That is not listed in Table 1 of CFM SB
CFM56–5B S/B 72–0952; Table 1 of CFM SB
CFM56–5C S/B 72–0796; or Table 1 CFM SB
CFM56–7B S/B 72–1054; or
(ii) With a P/N 1808M56G01 and an S/N
listed in Table 1 of CFM SB CFM56–5B S/
B 72–0952; Table 1 of CFM SB CFM56–5C S/
B 72–0796; or Table 1 of CFM SB CFM56–
7B S/B 72–1054, that has been repaired as
specified in CFM56–5B ESM, 72–41–03,
REPAIR 003; CFM56–5C ESM, 72–41–03,
REPAIR 003; or CFM56–7B ESM, 72–41–03,
REPAIR 003, as applicable by engine model,
after December 31, 2012.
(3) For the purpose of this AD, a ‘‘rotating
air HPT front seal that is eligible for
installation’’ is any rotating air HPT front seal
that was not removed from service as a result
of the inspection of the HPT inner stationary
seal required by paragraph (g)(2) of this AD
in which there was a finding of honeycomb
separation.
(4) For the purpose of this AD, ‘‘HPT rotor
blades eligible for installation’’ are new HPT
rotor blades with zero flight hours since new
or HPT rotor blades that have been inspected
and returned to a serviceable condition using
FAA-approved maintenance procedures.
(5) For the purpose of this AD, a ‘‘No. 3
ball bearing eligible for installation’’ is any
No. 3 ball bearing that was not removed from
service as a result of the inspection of the
HPT inner stationary seal required by
paragraph (g)(2) of this AD in which there
was a finding of honeycomb separation.
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(i) Credit for Previous Actions
You may take credit for the actions
specified in paragraphs (g)(1) through (3) of
this AD, if you performed those actions
before the effective date of this AD using
CFM SB CFM56–5B S/B 72–0952, Revision
01, dated January 15, 2020, CFM SB CFM56–
7B S/B 72–1054, Revision 01, dated January
15, 2020, or CFM SB CFM56–5C S/B 72–0796
Revision 01, dated January 15, 2020.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO 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 local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to the attention of the person
identified in paragraph (k) of this AD and
email to: ANE-AD-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) AMOCs approved for AD 2021–10–09
(86 FR 27264, May 20, 2021) are approved as
AMOCs for the corresponding provisions of
this AD.
(k) Related Information
For more information about this AD,
contact Kevin Clark, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
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Avenue, Burlington, MA 01803; phone: (781)
238–7088; email: kevin.m.clark@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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.
(i) CFM Service Bulletin CFM56–5C S/B
72–0796, Revision 02, dated August 10, 2022.
(ii) CFM Service Bulletin CFM56–5B S/B
72–0952, Revision 02, dated August 10, 2022.
(iii) CFM Service Bulletin CFM56–7B S/B
72–1054, Revision 02, dated August 10, 2022.
(3) For CFM service information identified
in this AD, contact CFM International Inc.,
Aviation Operations Center, 1 Neumann
Way, M/D Room 285, Cincinnati, OH 45125;
phone: (877) 432–3272; email:
aviation.fleetsupport@ge.com.
(4) 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.
(5) 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 March 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–07003 Filed 4–4–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1579; Project
Identifier MCAI–2022–00903–T; Amendment
39–22362; AD 2023–04–15]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2021–09–
12, which applied to certain Dassault
Aviation Model FALCON 7X airplanes.
AD 2021–09–12 required revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. This AD was prompted by
SUMMARY:
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a determination that new or more
restrictive airworthiness limitations are
necessary. This AD continues to require
the actions in AD 2021–09–12 and
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 May 10,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of May 10, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of June 8, 2021 (86 FR 23593,
May 4, 2021).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1579; 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–
2022–1579.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226; email
tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Rules and Regulations
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2021–09–12,
Amendment 39–21526 (86 FR 23593,
May 4, 2021) (AD 2021–09–12). AD
2021–09–12 applied to certain Dassault
Aviation Model FALCON 7X airplanes.
AD 2021–09–12 required revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA issued AD 2021–
09–12 to address reduced structural
integrity and reduced control of
airplanes due to the failure of system
components. AD 2021–09–12 specified
that accomplishing the revision required
by that AD terminates certain
requirements of AD 2014–16–23,
Amendment 39–17947 (79 FR 52545,
September 4, 2014) (AD 2014–16–23).
The NPRM published in the Federal
Register on December 13, 2022 (87 FR
76151). The NPRM was prompted by
AD 2022–0142, dated July 7, 2022,
issued by EASA (EASA AD 2022–0142)
(also referred to as the MCAI). The
MCAI states that new or more restrictive
airworthiness limitations have been
issued.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1579.
In the NPRM, the FAA proposed to
continue to require the actions in AD
2021–09–12, and to require revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations, as specified in EASA AD
2022–0142. The FAA is issuing this AD
to address reduced structural integrity
and reduced control of airplanes due to
the failure of system components.
Discussion of Final Airworthiness
Directive
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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
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20063
changes, this AD is adopted as proposed
in the NPRM. None of the changes will
increase the economic burden on any
operator.
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Related Service Information Under 1
CFR Part 51
The FAA reviewed EASA AD 2022–
0142. This service information specifies
new or more restrictive airworthiness
limitations for airplane structures and
safe life limits.
This AD also requires EASA AD
2020–0214, dated October 6, 2020,
which the Director of the Federal
Register approved for incorporation by
reference as of June 8, 2021 (86 FR
23593, May 4, 2021).
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.
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.
Costs of Compliance
The FAA estimates that this AD
affects 122 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 2021–09–12 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
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
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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
(AD) 2021–09–12, Amendment 39–
21526 (86 FR 23593, May 4, 2021); and
■ b. Adding the following new AD:
■
■
2023–04–15 Dassault Aviation:
Amendment 39–22362; Docket No.
FAA–2022–1579; Project Identifier
MCAI–2022–00903–T.
(a) Effective Date
This airworthiness directive (AD) is
effective May 10, 2023.
(b) Affected ADs
(1) This AD replaces AD 2021–09–12,
Amendment 39–21526 (86 FR 23593, May 4,
2021) (AD 2021–09–12).
(2) This AD affects AD 2014–16–23,
Amendment 39–17947 (79 FR 52545,
September 4, 2014) (AD 2014–16–23).
(c) Applicability
This AD applies to Dassault Aviation
Model FALCON 7X airplanes, certificated in
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Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Rules and Regulations
any category, with an original airworthiness
certificate or original export certificate of
airworthiness issued on or before June 7,
2021.
Note 1 to paragraph (c): Model FALCON
7X airplanes with modification M1000
incorporated are commonly referred to as
‘‘Model FALCON 8X’’ airplanes as a
marketing designation.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Unsafe Condition
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address reduced structural
integrity and reduced control of airplanes
due to the failure of system components.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Retained Revision of the Existing
Maintenance or Inspection Program, With
No Changes
This paragraph restates the requirements of
paragraph (j) of AD 2021–09–12, with no
changes. For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before June 1, 2020, 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 2020–0214, dated October 6,
2020 (EASA AD 2020–0214). 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–
0214, With No Changes
This paragraph restates the exceptions
specified in paragraph (k) of AD 2021–09–12,
with no changes.
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2020–
0214 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020–0214
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 2020–0214 within 90 days after June 8,
2021 (the effective date of AD 2021–09–12).
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2020–0214 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2020–0214, or
within 90 days after June 8, 2021 (the
effective date of AD 2021–09–12), whichever
occurs later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2019–0257 do not
apply to this AD.
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15:50 Apr 04, 2023
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(5) The ‘‘Remarks’’ section of EASA AD
2020–0214 does not apply to this AD.
(i) Retained Restrictions on Alternative
Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs),
With a New Exception
This paragraph restates the requirements of
paragraph (l) of AD 2021–09–12, with a new
exception. Except as required by paragraph
(j) of this AD, after the maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections),
intervals, or CDCCLs are allowed unless they
are approved as specified in the provisions
of the ‘‘Ref. Publications’’ section of EASA
AD 2020–0214.
(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 2022–0142,
dated July 7, 2022 (EASA AD 2022–0142).
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 2022–0142
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2022–
0142 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022–0142
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 2022–0142 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2022–0142, 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 2022–0142 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2022–0142 does not apply to this AD.
(l) New Provisions for Alternative Actions,
Intervals, and CDCCLs
After the existing maintenance or
inspection program has been revised as
required by paragraph (j) of this AD, no
alternative actions (e.g., inspections),
intervals, and CDCCLs are allowed unless
they are approved as specified in the
provisions of the ‘‘Ref. Publications’’ section
of EASA AD 2022–0142.
(m) Terminating Action for Certain
Requirements in AD 2014–16–23
Accomplishing the actions required by
paragraphs (g) or (j) of this AD terminates the
requirements of paragraph (q) of AD 2014–
16–23.
(n) Additional AD Provisions
The following provisions also apply to this
AD:
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(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 and
fax 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 May 10, 2023.
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0142, dated July 7, 2022.
(ii) [Reserved]
(4) The following service information was
approved for IBR on June 8, 2021.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0214, dated October 6,
2020.
(ii) [Reserved]
(5) For EASA ADs 2022–0142 and 2020–
0214, 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
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
E:\FR\FM\05APR1.SGM
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Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Rules and Regulations
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on February 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–07027 Filed 4–4–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
SUPPLEMENTARY INFORMATION:
[Docket No. FAA–2023–0433; Project
Identifier AD–2022–00619–T; Amendment
39–22381; AD 2023–05–12]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 767–2C series
airplanes. This AD was prompted by
arcing on an electrical terminal lug in a
certain electrical power panel that
caused heat and smoke damage, as a
result of a loose power feeder terminal
lug connection. This AD requires
inspection of each terminal lug on
certain electrical power panels for
evidence of arcing and/or loose
connection and applicable on-condition
actions. The FAA is issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective April 20,
2023.
The FAA must receive comments on
this AD by May 22, 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 by searching
for and locating Docket No. FAA–2023–
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DATES:
VerDate Sep<11>2014
15:50 Apr 04, 2023
0433; 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,
any comments received, and other
information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
Hien T. Nguyen, Aerospace Engineer,
Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone:
405–954–5298; email: Hien.T.Nguyen@
faa.gov.
Jkt 259001
Background
The FAA received a report of an
arcing event on an electrical terminal
lug in the P34 panel that caused heat
and smoke damage within the panel. It
was determined that the arcing was a
result of a loose power feeder terminal
lug connection. An investigation into
the root cause determined that the
terminal lug was not torqued to the
required specifications resulting in a
loose connection. The under-torqued
terminal lug was determined to be a
workmanship issue. Additional
inspections to other electrical power
panels resulted in multiple findings of
under-torqued terminal lugs. Undertorqued terminal lugs, if not addressed,
could result in arcing that may lead to
loss of critical function and loss of
continued safe flight and landing. The
FAA is issuing this AD to address the
unsafe condition on these products.
FAA’s Determination
The FAA is issuing this AD because
the agency has determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
AD Requirements
This AD requires a general visual
inspection of electrical terminal lugs,
wires, and attached components in
certain electrical power panels for
electrical arcing damage, and repair or
replacement of any damaged part; and a
detailed inspection of each terminal lug
for loose lugs in certain power panels,
and retorquing each loose terminal lug.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
20065
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
There are currently no affected
airplanes on the U.S. Register.
Accordingly, notice and opportunity for
prior public comment are unnecessary,
pursuant to 5 U.S.C. 553(b)(3). In
addition, for the foregoing reason(s), the
FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making
this amendment effective in less than 30
days.
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include Docket No. FAA–2023–0433
and Project Identifier AD–2022–00619–
T at the beginning of your comments.
The most helpful comments reference a
specific portion of the final rule, 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 final rule 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 final rule.
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 AD 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 AD,
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 AD. Submissions containing CBI
should be sent to Hien T. Nguyen,
Aerospace Engineer, Systems and
E:\FR\FM\05APR1.SGM
05APR1
Agencies
[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Rules and Regulations]
[Pages 20062-20065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07027]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1579; Project Identifier MCAI-2022-00903-T;
Amendment 39-22362; AD 2023-04-15]
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) 2021-09-
12, which applied to certain Dassault Aviation Model FALCON 7X
airplanes. AD 2021-09-12 required 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 2021-09-
12 and 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 May 10, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 10,
2023.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of June
8, 2021 (86 FR 23593, May 4, 2021).
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1579; 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-2022-1579.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3226;
email [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 20063]]
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-09-12, Amendment 39-21526 (86 FR
23593, May 4, 2021) (AD 2021-09-12). AD 2021-09-12 applied to certain
Dassault Aviation Model FALCON 7X airplanes. AD 2021-09-12 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2021-09-12 to address reduced structural integrity and
reduced control of airplanes due to the failure of system components.
AD 2021-09-12 specified that accomplishing the revision required by
that AD terminates certain requirements of AD 2014-16-23, Amendment 39-
17947 (79 FR 52545, September 4, 2014) (AD 2014-16-23).
The NPRM published in the Federal Register on December 13, 2022 (87
FR 76151). The NPRM was prompted by AD 2022-0142, dated July 7, 2022,
issued by EASA (EASA AD 2022-0142) (also referred to as the MCAI). The
MCAI states that new or more restrictive airworthiness limitations have
been issued.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1579.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2021-09-12, and to require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in EASA AD 2022-
0142. The FAA is issuing this AD to address reduced structural
integrity and reduced control of airplanes due to the failure of system
components.
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
The FAA reviewed EASA AD 2022-0142. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This AD also requires EASA AD 2020-0214, dated October 6, 2020,
which the Director of the Federal Register approved for incorporation
by reference as of June 8, 2021 (86 FR 23593, May 4, 2021).
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 122 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 2021-09-12 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 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 (AD) 2021-09-12, Amendment 39-21526
(86 FR 23593, May 4, 2021); and
0
b. Adding the following new AD:
2023-04-15 Dassault Aviation: Amendment 39-22362; Docket No. FAA-
2022-1579; Project Identifier MCAI-2022-00903-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 10, 2023.
(b) Affected ADs
(1) This AD replaces AD 2021-09-12, Amendment 39-21526 (86 FR
23593, May 4, 2021) (AD 2021-09-12).
(2) This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR
52545, September 4, 2014) (AD 2014-16-23).
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in
[[Page 20064]]
any category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before June 7,
2021.
Note 1 to paragraph (c): Model FALCON 7X airplanes with
modification M1000 incorporated are commonly referred to as ``Model
FALCON 8X'' airplanes as a marketing designation.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity and reduced
control of airplanes due to the failure of system components.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes
This paragraph restates the requirements of paragraph (j) of AD
2021-09-12, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 1, 2020, 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 2020-0214, dated October 6,
2020 (EASA AD 2020-0214). 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 2020-0214, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2021-09-12, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0214 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020-0214 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 2020-0214 within 90 days after June 8, 2021 (the effective
date of AD 2021-09-12).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0214 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0214, or
within 90 days after June 8, 2021 (the effective date of AD 2021-09-
12), whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2019-0257 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2020-0214 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With a New
Exception
This paragraph restates the requirements of paragraph (l) of AD
2021-09-12, with a new exception. Except as required by paragraph
(j) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs are allowed unless
they are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2020-0214.
(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 2022-0142, dated July 7, 2022 (EASA AD
2022-0142). 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 2022-0142
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0142 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0142 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 2022-0142 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0142, 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 2022-0142 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2022-0142 does not apply
to this AD.
(l) New Provisions for Alternative Actions, Intervals, and CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2022-0142.
(m) Terminating Action for Certain Requirements in AD 2014-16-23
Accomplishing the actions required by paragraphs (g) or (j) of
this AD terminates the requirements of paragraph (q) of AD 2014-16-
23.
(n) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (o) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(o) Additional Information
For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 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
May 10, 2023.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0142,
dated July 7, 2022.
(ii) [Reserved]
(4) The following service information was approved for IBR on
June 8, 2021.
(i) European Union Aviation Safety Agency (EASA) AD 2020-0214,
dated October 6, 2020.
(ii) [Reserved]
(5) For EASA ADs 2022-0142 and 2020-0214, 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:
[[Page 20065]]
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on February 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07027 Filed 4-4-23; 8:45 am]
BILLING CODE 4910-13-P