Airworthiness Directives; Dassault Aviation Airplanes, 22374-22377 [2023-07751]

Download as PDF 22374 Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Rules and Regulations (b) Affected ADs This AD replaces AD 2019–18–07, Amendment 39–19734 (84 FR 50721, September 26, 2019) (AD 2019–18–07). (c) Applicability This AD applies to Airbus SAS Model A319–111, –112, –113, –114, –115, –131, –132, and –133 airplanes; Model A320–211, –212, –214, –216, –231, –232, and –233 airplanes; and Model A321–111, –112, –131, –211, –212, –213, –231, and –232 airplanes; certificated in any category, as identified in European Aviation Safety Agency (EASA) AD 2022–0115, dated June 20, 2022 (EASA AD 2022–0115). (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by widespread fatigue damage (WFD) evaluations and fullscale fatigue testing that revealed several broken frames in certain areas of the cargo compartment, and by the determination that additional work is needed for certain airplanes. The FAA is issuing this AD to address cracking in the open tack holes and rivet holes at the cargo floor support fittings of the fuselage. The unsafe condition, if not addressed, could affect the structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. lotter on DSK11XQN23PROD with RULES1 (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2022–0115. (h) Exceptions to EASA AD 2022–0115 (1) Where EASA AD 2022–0115 refers to January 3, 2014 (the effective date of EASA AD 2013–0310), this AD requires using October 2, 2015 (the effective date of AD 2015–17–14, Amendment 39–18247 (80 FR 52182, August 28, 2015) (AD 2015–17–14)). (2) Where EASA AD 2022–0115 refers to November 9, 2018 (the effective date of EASA AD 2018–0233 at original issue), this AD requires using October 31, 2019 (the effective date of AD 2019–18–07). (3) Where EASA AD 2022–0115 refers to its effective date, this AD requires using the effective date of this AD. (4) Where paragraph (2) of EASA AD 2022– 0115 specifies ‘‘contact Airbus for approved repair instructions and, within the compliance time identified therein, accomplish those instructions accordingly’’ if a crack is detected, for this AD if any cracking is detected, the cracking must be repaired before further flight using a method approved by the Manager, International Validation Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (5) The ‘‘Remarks’’ section of EASA AD 2022–0115 does not apply to this AD. VerDate Sep<11>2014 15:58 Apr 12, 2023 Jkt 259001 (i) Additional FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the International Validation Branch, send it to the attention of the person identified in paragraph (j) of this AD. (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (ii) AMOCs approved previously for AD 2019–18–07 are approved as AMOCs for the corresponding provisions of EASA AD 2022– 0115 that are required by paragraph (g) of this AD. (iii) AMOCs approved previously for AD 2015–17–14 are approved as AMOCs for the corresponding provisions of EASA AD 2022– 0115 that are required by paragraph (g) of this AD. (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 Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Required for Compliance (RC): Except as required by paragraph (i)(2) of this AD, if any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (j) Additional Information For more information about this AD, contact Todd Thompson, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3228; email Todd.Thompson@ faa.gov. (k) 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. (i) European Union Aviation Safety Agency (EASA) AD 2022–0115, dated June 20, 2022. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 (ii) [Reserved] (3) For EASA AD 2022–0115, 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. (4) 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. (5) 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 March 17, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–07752 Filed 4–12–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–0013; Project Identifier MCAI–2022–01085–T; Amendment 39–22384; AD 2023–05–15] RIN 2120–AA64 Airworthiness Directives; Dassault Aviation Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2017–09– 03 and AD 2018–20–07, which applied to all Dassault Aviation Model MYSTERE–FALCON 50 airplanes. AD 2017–09–03 and AD 2018–20–07 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 new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2018–20–07 and 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. SUMMARY: E:\FR\FM\13APR1.SGM 13APR1 Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Rules and Regulations This AD is effective May 18, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 18, 2023. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of November 7, 2018 (83 FR 49789, October 3, 2018). ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–0013; 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 the EASA AD 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. • For Dassault Falcon 50/50EX service information incorporated by reference in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201– 440–6700; website dassaultfalcon.com. • 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– 2023–0013. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3226; email tom.rodriguez@faa.gov. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 DATES: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2017–09–03, Amendment 39–18865 (82 FR 21467, May 9, 2017) (AD 2017–09–03) and AD 2018–20–07, Amendment 39–19441 (83 VerDate Sep<11>2014 15:58 Apr 12, 2023 Jkt 259001 FR 49789, October 3, 2018) (AD 2018– 20–07). AD 2017–09–03 and AD 2018– 20–07 applied to all Dassault Aviation Model MYSTERE–FALCON 50 airplanes. AD 2017–09–03 and AD 2018–20–07 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA issued AD 2017– 09–03 and AD 2018–20–07 to address reduced structural integrity of the airplane. AD 2018–20–07 specifies that accomplishing the revision required by that AD terminates all requirements of AD 2017–09–03. AD 2018–20–07 also specifies that it terminates the requirements of AD 2010–26–05, Amendment 39–16544 (75 FR 79952, December 21, 2010) (AD 2010–26–05) and AD 2012–02–18, Amendment 39– 16941 (77 FR 12175, February 29, 2012) (AD 2012–02–18) for certain Dassault Aviation Model MYSTERE–FALCON 50 airplanes. AD 2012–02–18 has since been removed (84 FR 11640, March 28, 2019). This AD therefore supersedes AD 2017–09–03 and terminates the requirements of AD 2010–26–05 for Dassault Aviation Model MYSTERE– FALCON 50 airplanes only. The NPRM published in the Federal Register on January 13, 2023 (88 FR 2292). The NPRM was prompted by AD 2022–0166, dated August 11, 2022, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2022–0166) (also referred to as the MCAI). The MCAI states that new or more restrictive airworthiness limitations have been developed. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–0013. In the NPRM, the FAA proposed to continue to require the actions in AD 2018–20–07 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 2022–0166. 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 22375 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– 0166. This service information specifies new or more restrictive airworthiness limitations for airplane structures and safe life limits. This AD also requires Chapter 5–40, Airworthiness Limitations, DGT 113872, Revision 24, dated July 2017, of the Dassault Falcon 50/50EX Maintenance Manual, which the Director of the Federal Register approved for incorporation by reference as of November 7, 2018 (83 FR 49789, October 3, 2018). This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. Costs of Compliance The FAA estimates that this AD affects 239 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 2018–20–07 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 E:\FR\FM\13APR1.SGM 13APR1 22376 Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Rules and Regulations 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. lotter on DSK11XQN23PROD with RULES1 § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2017–09–03, Amendment 39– 18865 (82 FR 21467, May 9, 2017) and AD 2018–20–07, Amendment 39–19441 (83 FR 49789, October 3, 2018); and ■ b. Adding the following new airworthiness directive: ■ ■ VerDate Sep<11>2014 15:58 Apr 12, 2023 Jkt 259001 2023–05–15 Dassault Aviation: Amendment 39–22384; Docket No. FAA–2023–0013; Project Identifier MCAI–2022–01085–T. (a) Effective Date This airworthiness directive (AD) is effective May 18, 2023. (b) Affected ADs (1) This AD replaces AD 2017–09–03, Amendment 39–18865 (82 FR 21467, May 9, 2017) (AD 2017–09–03) and AD 2018–20–07, Amendment 39–19441 (83 FR 49789, October 3, 2018) (AD 2018–20–07). (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 50 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 or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Revision of the Existing Maintenance or Inspection Program, With No Changes This paragraph restates the requirements of paragraph (g) of AD 2018–20–07, with no changes. Within 90 days after November 7, 2018 (the effective date of AD 2018–20–07), revise the maintenance or inspection program, as applicable, to incorporate the information specified in Chapter 5–40, Airworthiness Limitations, DGT 113872, Revision 24, dated July 2017, of the Dassault Falcon 50/50EX Maintenance Manual. The initial compliance times for doing the tasks are at the time specified in Chapter 5–40, Airworthiness Limitations, DGT 113872, Revision 24, dated July 2017, of the Dassault Falcon 50/50EX Maintenance Manual, or within 90 days after November 7, 2018, whichever occurs later. Accomplishing the revision of the existing maintenance or inspection program required by paragraph (i) of this AD terminates the requirements of this paragraph. (h) Retained Restrictions on Alternative Actions and Intervals With No Changes This paragraph restates the requirements of paragraph (h) of AD 2018–20–07, with no changes. 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 may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 procedures specified in paragraph (m)(1) of this AD. (i) New Revision of the Existing Maintenance or Inspection Program Except as specified in paragraph (j) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2022–0166, dated August 11, 2022 (EASA AD 2022–0166). Accomplishing the maintenance or inspection program revision specified in EASA AD 2022–0166 as required by this paragraph terminates the requirements of paragraph (g) of this AD. (j) Exceptions to EASA AD 2022–0166 (1) The requirements specified in paragraphs (1) and (2) of EASA AD 2022– 0166 do not apply to this AD. (2) Paragraph (3) of EASA AD 2022–0166 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 2022–0166 is at the applicable ‘‘limitations’’ and ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2022–0166, 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 2022–0166 do not apply to this AD. (5) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0166. (k) New Provisions for Alternative Actions and Intervals 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 2022– 0166. (l) Terminating Actions for AD 2010–26–05 Accomplishing the actions required by paragraph (g) or (i) of this AD terminates the requirements of AD 2010–26–05 for Dassault Aviation Model MYSTERE–FALCON 50 airplanes only. (m) 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 (n) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. Before using any approved AMOC, notify E:\FR\FM\13APR1.SGM 13APR1 Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Rules and Regulations 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. Issued on March 9, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. (n) Additional Information [Docket No. 31478; Amdt. No. 4053] 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– 231–231–3226; email tom.rodriguez@faa.gov. Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments lotter on DSK11XQN23PROD with RULES1 (o) 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 18, 2023. (i) European Union Aviation Safety Agency (EASA) AD 2022–0166, dated August 11, 2022. (ii) [Reserved] (4) The following service information was approved for IBR on November 7, 2018 (83 FR 49789, October 3, 2018). (i) Chapter 5–40, Airworthiness Limitations, DGT 113872, Revision 24, dated July 2017, of the Dassault Falcon 50/50EX Maintenance Manual. (ii) [Reserved] (5) For EASA AD 2022–0166, 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) For Dassault Falcon 50/50EX service information, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201–440–6700; website dassaultfalcon.com. (7) 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. (8) 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. VerDate Sep<11>2014 15:58 Apr 12, 2023 Jkt 259001 [FR Doc. 2023–07751 Filed 4–12–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums and Obstacle Departure procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective April 13, 2023. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 13, 2023. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: SUMMARY: For Examination 1. U.S. Department of Transportation, Docket Ops–M30. 1200 New Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590–0001. 2. The FAA Air Traffic Organization Service Area in which the affected airport is located; 3. The office of Aeronautical Information Services, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 22377 4. 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: https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. Availability All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures and Airspace Group, Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration. Mailing Address: FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace Group, 6500 South MacArthur Blvd., STB Annex, Bldg 26, Room 217, Oklahoma City, OK 73099. Telephone (405) 954–1139. SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms 8260–3, 8260–4, 8260–5, 8260– 15A, 8260–15B, when required by an entry on 8260–15A, and 8260–15C. The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers or aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the typed of SIAPS, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number. E:\FR\FM\13APR1.SGM 13APR1

Agencies

[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Rules and Regulations]
[Pages 22374-22377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07751]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0013; Project Identifier MCAI-2022-01085-T; 
Amendment 39-22384; AD 2023-05-15]
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) 2017-09-03 
and AD 2018-20-07, which applied to all Dassault Aviation Model 
MYSTERE-FALCON 50 airplanes. AD 2017-09-03 and AD 2018-20-07 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 new or more restrictive 
airworthiness limitations are necessary. This AD continues to require 
the actions in AD 2018-20-07 and 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.

[[Page 22375]]


DATES: This AD is effective May 18, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 18, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
November 7, 2018 (83 FR 49789, October 3, 2018).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0013; 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 the EASA AD 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.
     For Dassault Falcon 50/50EX service information 
incorporated by reference in this AD, contact Dassault Falcon Jet 
Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 
07606; telephone 201-440-6700; website dassaultfalcon.com.
     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-2023-0013.

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

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-09-03, Amendment 39-18865 (82 FR 
21467, May 9, 2017) (AD 2017-09-03) and AD 2018-20-07, Amendment 39-
19441 (83 FR 49789, October 3, 2018) (AD 2018-20-07). AD 2017-09-03 and 
AD 2018-20-07 applied to all Dassault Aviation Model MYSTERE-FALCON 50 
airplanes. AD 2017-09-03 and AD 2018-20-07 required revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. The FAA 
issued AD 2017-09-03 and AD 2018-20-07 to address reduced structural 
integrity of the airplane.
    AD 2018-20-07 specifies that accomplishing the revision required by 
that AD terminates all requirements of AD 2017-09-03. AD 2018-20-07 
also specifies that it terminates the requirements of AD 2010-26-05, 
Amendment 39-16544 (75 FR 79952, December 21, 2010) (AD 2010-26-05) and 
AD 2012-02-18, Amendment 39-16941 (77 FR 12175, February 29, 2012) (AD 
2012-02-18) for certain Dassault Aviation Model MYSTERE-FALCON 50 
airplanes. AD 2012-02-18 has since been removed (84 FR 11640, March 28, 
2019). This AD therefore supersedes AD 2017-09-03 and terminates the 
requirements of AD 2010-26-05 for Dassault Aviation Model MYSTERE-
FALCON 50 airplanes only.
    The NPRM published in the Federal Register on January 13, 2023 (88 
FR 2292). The NPRM was prompted by AD 2022-0166, dated August 11, 2022, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2022-0166) (also referred to as the MCAI). 
The MCAI states that new or more restrictive airworthiness limitations 
have been developed.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0013.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2018-20-07 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-
0166. 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

    The FAA reviewed EASA AD 2022-0166. This service information 
specifies new or more restrictive airworthiness limitations for 
airplane structures and safe life limits.
    This AD also requires Chapter 5-40, Airworthiness Limitations, DGT 
113872, Revision 24, dated July 2017, of the Dassault Falcon 50/50EX 
Maintenance Manual, which the Director of the Federal Register approved 
for incorporation by reference as of November 7, 2018 (83 FR 49789, 
October 3, 2018).
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 239 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 2018-20-07 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

[[Page 22376]]

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) 2017-09-03, Amendment 39-18865 
(82 FR 21467, May 9, 2017) and AD 2018-20-07, Amendment 39-19441 (83 FR 
49789, October 3, 2018); and
0
b. Adding the following new airworthiness directive:

2023-05-15 Dassault Aviation: Amendment 39-22384; Docket No. FAA-
2023-0013; Project Identifier MCAI-2022-01085-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 18, 2023.

(b) Affected ADs

    (1) This AD replaces AD 2017-09-03, Amendment 39-18865 (82 FR 
21467, May 9, 2017) (AD 2017-09-03) and AD 2018-20-07, Amendment 39-
19441 (83 FR 49789, October 3, 2018) (AD 2018-20-07).
    (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 50 
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 or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address reduced structural integrity of the 
airplane.

(f) Compliance

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

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

    This paragraph restates the requirements of paragraph (g) of AD 
2018-20-07, with no changes. Within 90 days after November 7, 2018 
(the effective date of AD 2018-20-07), revise the maintenance or 
inspection program, as applicable, to incorporate the information 
specified in Chapter 5-40, Airworthiness Limitations, DGT 113872, 
Revision 24, dated July 2017, of the Dassault Falcon 50/50EX 
Maintenance Manual. The initial compliance times for doing the tasks 
are at the time specified in Chapter 5-40, Airworthiness 
Limitations, DGT 113872, Revision 24, dated July 2017, of the 
Dassault Falcon 50/50EX Maintenance Manual, or within 90 days after 
November 7, 2018, whichever occurs later. Accomplishing the revision 
of the existing maintenance or inspection program required by 
paragraph (i) of this AD terminates the requirements of this 
paragraph.

(h) Retained Restrictions on Alternative Actions and Intervals With No 
Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2018-20-07, with no changes. 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 may be used 
unless the actions or intervals are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (m)(1) of this AD.

(i) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0166, dated August 11, 2022 (EASA AD 2022-0166). Accomplishing 
the maintenance or inspection program revision specified in EASA AD 
2022-0166 as required by this paragraph terminates the requirements 
of paragraph (g) of this AD.

(j) Exceptions to EASA AD 2022-0166

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2022-0166 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0166 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 2022-0166 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2022-0166, 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 2022-0166 do not apply to this AD.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0166.

(k) New Provisions for Alternative Actions and Intervals

    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 2022-0166.

(l) Terminating Actions for AD 2010-26-05

    Accomplishing the actions required by paragraph (g) or (i) of 
this AD terminates the requirements of AD 2010-26-05 for Dassault 
Aviation Model MYSTERE-FALCON 50 airplanes only.

(m) 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 (n) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify

[[Page 22377]]

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.

(n) 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 
206-231-231-3226; email [email protected].

(o) 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 18, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0166, 
dated August 11, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
November 7, 2018 (83 FR 49789, October 3, 2018).
    (i) Chapter 5-40, Airworthiness Limitations, DGT 113872, 
Revision 24, dated July 2017, of the Dassault Falcon 50/50EX 
Maintenance Manual.
    (ii) [Reserved]
    (5) For EASA AD 2022-0166, 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) For Dassault Falcon 50/50EX service information, contact 
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, 
South Hackensack, NJ 07606; telephone 201-440-6700; website 
dassaultfalcon.com.
    (7) 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.
    (8) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07751 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-13-P

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