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. lotter on DSK11XQN23PROD with RULES1 (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 VerDate Sep<11>2014 15:50 Apr 04, 2023 Jkt 259001 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: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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: E:\FR\FM\05APR1.SGM 05APR1 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 lotter on DSK11XQN23PROD with RULES1 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 VerDate Sep<11>2014 15:50 Apr 04, 2023 Jkt 259001 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05APR1.SGM 05APR1 20064 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. lotter on DSK11XQN23PROD with RULES1 (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. VerDate Sep<11>2014 15:50 Apr 04, 2023 Jkt 259001 (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: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 (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 05APR1 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– lotter on DSK11XQN23PROD with RULES1 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]


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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.

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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


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