Airworthiness Directives; Dassault Aviation Airplanes, 20743-20746 [2023-07093]

Download as PDF Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Rules and Regulations (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2022–0136 is at the applicable ‘‘limitation’’ and ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2022–0136, 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 2022–0136 do not apply to this AD. (5) The ‘‘Remarks’’ section of EASA AD 2022–0136 does not apply to this AD. (l) New Provisions for Alternative Actions and Intervals After the maintenance or inspection program has been revised as required by paragraph (j) of this AD, no alternative actions (e.g., inspections), and intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2022– 0136. (m) Terminating Action for Certain Actions in AD 2010–26–05 Accomplishing the actions required by paragraph (g) or (j) of this AD terminates the requirements of paragraph (g)(1) of AD 2010– 26–05, for Dassault Aviation Model FALCON 2000EX airplanes only. (n) Additional AD Provisions ddrumheller on DSK120RN23PROD with RULES1 The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the International Validation Branch, send it to the attention of the person identified in paragraph (o) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or EASA; or Dassault Aviation’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (o) Additional Information For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206– 231–3226; email Tom.Rodriguez@faa.gov. (p) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this VerDate Sep<11>2014 16:44 Apr 06, 2023 Jkt 259001 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 12, 2023. (i) European Union Aviation Safety Agency (EASA) AD 2022–0136, dated July 6, 2022. (ii) [Reserved] (4) The following service information was approved for IBR on March 30, 2021 (86 FR 10738, February 23, 2021). (i) European Union Aviation Safety Agency (EASA) AD 2020–0114, dated May 20, 2020. (ii) [Reserved] (5) For EASA ADs 2020–0114 and 2022– 0136, 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: 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. 2023–07092 Filed 4–6–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1648; Project Identifier MCAI–2022–00894–T; Amendment 39–22357; AD 2023–04–10] RIN 2120–AA64 Airworthiness Directives; Dassault Aviation Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2020–26– 07, which applied to all Dassault Aviation Model MYSTERE–FALCON 900 airplanes. AD 2020–26–07 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 20743 prompted by a determination that a new airworthiness limitation is necessary. This AD continues to require the actions in AD 2020–26–07, and also requires revising the existing maintenance or inspection program, as applicable, to incorporate a new airworthiness limitation; 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. This AD is effective May 12, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 12, 2023. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of January 25, 2021 (85 FR 82901, December 21, 2020). DATES: ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1648; 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– 2022–1648. Tom Rodriguez, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3226; email tom.rodriguez@ faa.gov. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\07APR1.SGM 07APR1 20744 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Rules and Regulations SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2020–06–07, Amendment 39–21362 (85 FR 82901, December 21, 2020) (AD 2020–06–07). AD 2020–06–07 applied to all Dassault Aviation Model MYSTERE–FALCON 900 airplanes. AD 2020–06–07 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA issued AD 2020–06–07 to address reduced structural integrity of the airplane. AD 2020–26–07 also specified that accomplishing the revision required by that AD terminated certain requirements of AD 2010–26–05, Amendment 39–16544 (75 FR 79952, December 21, 2010) (AD 2010–26–05). The NPRM published in the Federal Register on December 16, 2022 (87 FR 77037). The NPRM was prompted by AD 2022–0137, dated July 6, 2022, issued by EASA (EASA AD 2022–0137) (also referred to as the MCAI). The MCAI states that since issuance of EASA AD 2020–0115, dated May 20, 2020 (EASA AD 2020–0115), a new maintenance task for eddy current inspections of the flap tracks 2 and 5 has been introduced. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2022–1648. In the NPRM, the FAA proposed to continue to require revising the existing maintenance or inspection program, as applicable to incorporate new or more restrictive airworthiness limitations, as specified in EASA AD 2010–0115. The NPRM also proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate a new airworthiness limitation, as specified in EASA AD 2022–0137. The FAA is issuing this AD to address reduced structural integrity of the airplane. Discussion of Final Airworthiness Directive ddrumheller on DSK120RN23PROD 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 VerDate Sep<11>2014 16:44 Apr 06, 2023 Jkt 259001 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. 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. Related Service Information Under 1 CFR Part 51 EASA AD 2022–0137 specifies a new airworthiness limitation for eddy current inspections of the flap tracks 2 and 5. This AD also requires EASA 2020– 0115, which the Director of the Federal Register approved for incorporation by reference as of January 25, 2021 (85 FR 82901, December 21, 2020). This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. 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 151 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: The FAA estimates the total cost per operator for the retained actions from AD 2020–26–07 to be $7,650 (90 workhours × $85 per work-hour). The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. The FAA estimates the total cost per operator for the new actions to be $7,650 (90 work-hours × $85 per workhour). Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Regulatory Findings List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive 2020–06–07, Amendment 39–21362 (85 FR 82901, December 21, 2020); and ■ b. Adding the following new airworthiness directive: ■ ■ 2023–04–10 Dassault Aviation: Amendment 39–22357; Docket No. FAA–2022–1648; Project Identifier MCAI–2022–00894–T. (a) Effective Date This airworthiness directive (AD) is effective May 12, 2023. (b) Affected ADs (1) This AD replaces AD 2020–26–07, Amendment 39–21362 (85 FR 82901, December 21, 2020) (AD 2020–26–07). E:\FR\FM\07APR1.SGM 07APR1 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Rules and Regulations (2) This AD affects AD 2010–26–05, Amendment 39–16544 (75 FR 79952, December 21, 2010) (AD 2010–26–05). (c) Applicability This AD applies to all Dassault Aviation Model MYSTERE–FALCON 900 airplanes, certificated in any category. (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 airworthiness limitations are necessary. The FAA is issuing this AD to address reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Revision of the Existing Maintenance or Inspection Program, With No Changes This paragraph restates the requirements of paragraph (i) of AD 2020–26–07, with no changes. 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 2020–0115, dated May 20, 2020 (EASA AD 2020–0115). Accomplishing the revision of the existing maintenance or inspection program required by paragraph (j) of this AD terminates the requirements of this paragraph. ddrumheller on DSK120RN23PROD with RULES1 (h) Retained Exceptions to EASA AD 2020– 0115, With No Changes This paragraph restates the exceptions specified in paragraph (j) of AD 2020–26–07, with no changes. (1) The requirements specified in paragraphs (1) and (2) of EASA AD 2020– 0115 do not apply to this AD. (2) Paragraph (3) of EASA AD 2020–0115 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 2020–0115 within 90 days after January 25, 2021 (the effective date of AD 2020–26– 07). (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2020–0115 is at the applicable ‘‘associated thresholds’’ specified in paragraph (3) of EASA AD 2020–0115, or within 90 days after January 25, 2021 (the effective date of AD 2020–26–07), whichever occurs later. (4) The provisions specified in paragraphs (4) and (5) of EASA AD 2020–0115 do not apply to this AD. (5) The ‘‘Remarks’’ section of EASA AD 2020–0115 does not apply to this AD. VerDate Sep<11>2014 16:44 Apr 06, 2023 Jkt 259001 (i) Retained Restrictions on Alternative Actions or Intervals, With a New Exception This paragraph restates the requirements of paragraph (k) of AD 2020–26–07, 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) or intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2020–0115. (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 2022–0137, dated July 6, 2022 (EASA AD 2022–0137). 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 2022–0137 (1) This AD does not adopt the requirements specified in paragraphs (1) and (2) of EASA AD 2022–0137. (2) Paragraph (3) of EASA AD 2022–0137 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 2022–0137 is at the applicable ‘‘limitations’’ and ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2022–0137, or within 90 days after the effective date of this AD, whichever occurs later. (4) This AD does not adopt the provisions specified in paragraphs (4) and (5) of EASA AD 2022–0137. (5) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0137. (l) New Provisions for Alternative Actions and Intervals After the existing maintenance or inspection program has been revised as required by paragraph (j) of this AD, no alternative actions (e.g., inspections) and intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2022–0137. (m) Terminating Actions for Certain Requirements in AD 2010–26–05 Accomplishing the actions required by paragraph (g) or (j) of this AD terminates the requirements of paragraph (g)(1) of AD 2010– 26–05, for Dassault Aviation Model MYSTERE–FALCON 900 airplanes only. (n) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 20745 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, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231– 3226; email tom.rodriguez@faa.gov. (p) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following service information was approved for IBR on May 12, 2023. (i) European Union Aviation Safety Agency (EASA) AD 2022–0137, dated July 6, 2022. (ii) [Reserved] (4) The following service information was approved for IBR on January 25, 2021 (85 FR 82901, December 21, 2020). (i) European Union Aviation Safety Agency (EASA) AD 2020–0115, dated May 20, 2020. (ii) [Reserved] (5) For EASA ADs 2022–0137 and 2020– 0115, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this EASA AD on the EASA website at ad.easa.europa.eu. (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: www.archives.gov/federal-register/cfr/ibrlocations.html. E:\FR\FM\07APR1.SGM 07APR1 20746 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Rules and Regulations Issued on February 17, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–07093 Filed 4–6–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–0173; Project Identifier MCAI–2022–01153–T; Amendment 39–22356; AD 2023–04–09] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A310 series airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate 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 April 24, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 24, 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. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:44 Apr 06, 2023 Jkt 259001 AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–0173; 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 street address for Docket Operations is listed above. 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 service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA– 2023–0173. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3225; email dan.rodina@faa.gov. SUPPLEMENTARY INFORMATION: 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–2023–0173; Project Identifier MCAI–2022–01153–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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 final rule, 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 final rule. Submissions containing CBI should be sent to Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231– 3225; email dan.rodina@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2022–0172, dated August 22, 2022 (EASA AD 2022– 0172) (also referred to as the MCAI), to correct an unsafe condition for all Airbus SAS Model A310–203, A310– 204, A310–221, A310–222, A310–203C, A310–304, A310–308, A310–322, A310– 324, and A310–325 airplanes. Model A310–203C and A310–308 airplanes are not certificated by the FAA and are not included on the U.S. type certificate data sheet; this AD therefore does not include those airplanes in the applicability. The MCAI states that new or more restrictive airworthiness limitations have been developed. EASA AD 2022–0172 specifies that it requires a task (limitation) related to the replacement of life-limited parts already in Airbus A310 Airworthiness Limitations Section (ALS) Part 1 Safe Life Airworthiness Limitations Items (SL–ALI) Revision 02 that is required by EASA AD 2017–0204 (which corresponds to FAA AD 2018–18–19, Amendment 39–19398 (83 FR 47056, September 18, 2018) (AD 2018–18–19)), and that incorporation of EASA AD 2022–0172 invalidates (terminates) prior instructions for that task. This AD therefore terminates the limitations for SL–ALI, as required by paragraph (g)(3) of AD 2018–18–19, for Model A310– 203, –204, –221, –222, –304, –322, –324, and –325 airplanes only. The FAA is issuing this AD to address fatigue damage in principal structural E:\FR\FM\07APR1.SGM 07APR1

Agencies

[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20743-20746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07093]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1648; Project Identifier MCAI-2022-00894-T; 
Amendment 39-22357; AD 2023-04-10]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-26-
07, which applied to all Dassault Aviation Model MYSTERE-FALCON 900 
airplanes. AD 2020-26-07 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 a new airworthiness limitation is necessary. This AD 
continues to require the actions in AD 2020-26-07, and also requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate a new airworthiness limitation; 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 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 12, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
January 25, 2021 (85 FR 82901, December 21, 2020).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1648; 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-2022-1648.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3226; email 
[email protected].

[[Page 20744]]


SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-06-07, Amendment 39-21362 (85 FR 
82901, December 21, 2020) (AD 2020-06-07). AD 2020-06-07 applied to all 
Dassault Aviation Model MYSTERE-FALCON 900 airplanes. AD 2020-06-07 
required revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA issued AD 2020-06-07 to address reduced structural 
integrity of the airplane. AD 2020-26-07 also specified that 
accomplishing the revision required by that AD terminated certain 
requirements of AD 2010-26-05, Amendment 39-16544 (75 FR 79952, 
December 21, 2010) (AD 2010-26-05).
    The NPRM published in the Federal Register on December 16, 2022 (87 
FR 77037). The NPRM was prompted by AD 2022-0137, dated July 6, 2022, 
issued by EASA (EASA AD 2022-0137) (also referred to as the MCAI). The 
MCAI states that since issuance of EASA AD 2020-0115, dated May 20, 
2020 (EASA AD 2020-0115), a new maintenance task for eddy current 
inspections of the flap tracks 2 and 5 has been introduced.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1648.
    In the NPRM, the FAA proposed to continue to require revising the 
existing maintenance or inspection program, as applicable to 
incorporate new or more restrictive airworthiness limitations, as 
specified in EASA AD 2010-0115. The NPRM also proposed to require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate a new airworthiness limitation, as specified in EASA AD 
2022-0137. The FAA is issuing this AD to address reduced structural 
integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0137 specifies a new airworthiness limitation for eddy 
current inspections of the flap tracks 2 and 5.
    This AD also requires EASA 2020-0115, which the Director of the 
Federal Register approved for incorporation by reference as of January 
25, 2021 (85 FR 82901, December 21, 2020).
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 151 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2020-26-07 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 2020-06-07, Amendment 39-21362 (85 
FR 82901, December 21, 2020); and
0
b. Adding the following new airworthiness directive:

2023-04-10 Dassault Aviation: Amendment 39-22357; Docket No. FAA-
2022-1648; Project Identifier MCAI-2022-00894-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 12, 2023.

(b) Affected ADs

    (1) This AD replaces AD 2020-26-07, Amendment 39-21362 (85 FR 
82901, December 21, 2020) (AD 2020-26-07).

[[Page 20745]]

    (2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 
79952, December 21, 2010) (AD 2010-26-05).

(c) Applicability

    This AD applies to all Dassault Aviation Model MYSTERE-FALCON 
900 airplanes, certificated in any category.

(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 airworthiness 
limitations are necessary. The FAA is issuing this AD to address 
reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2020-26-07, with no changes. 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 2020-0115, dated May 20, 2020 (EASA AD 2020-0115). 
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 2020-0115, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(j) of AD 2020-26-07, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0115 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0115 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 2020-0115 within 90 days after January 25, 2021 (the 
effective date of AD 2020-26-07).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2020-0115 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0115, or 
within 90 days after January 25, 2021 (the effective date of AD 
2020-26-07), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2020-0115 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0115 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions or Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2020-26-07, 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) or intervals are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2020-0115.

(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 2022-0137, dated July 6, 2022 (EASA AD 
2022-0137). 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 2022-0137

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2022-0137.
    (2) Paragraph (3) of EASA AD 2022-0137 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 2022-0137 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2022-0137, or within 90 
days after the effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in 
paragraphs (4) and (5) of EASA AD 2022-0137.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0137.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2022-0137.

(m) Terminating Actions for Certain Requirements in AD 2010-26-05

    Accomplishing the actions required by paragraph (g) or (j) of 
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model MYSTERE-FALCON 900 airplanes 
only.

(n) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the International 
Validation Branch, send it to the attention of the person identified 
in paragraph (o) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or EASA; or Dassault Aviation's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(o) Additional Information

    For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3226; email [email protected].

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
May 12, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0137, 
dated July 6, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
January 25, 2021 (85 FR 82901, December 21, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0115, 
dated May 20, 2020.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0137 and 2020-0115, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; website easa.europa.eu. You may find this 
EASA AD on the EASA website at ad.easa.europa.eu.
    (6) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (7) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 20746]]


    Issued on February 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service. Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07093 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-13-P

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