Airworthiness Directives; Dassault Aviation Airplanes, 54933-54935 [2023-17353]
Download as PDF
Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Proposed Rules
Foods are inadvertently issued to a
household and are rejected or returned
by the household because the USDA
Foods were unsound at the time of
issuance and not because the household
failed to provide proper storage, care or
handling, the State agency shall replace
the damaged or out-of-condition USDA
Foods with the same or similar kind of
USDA Foods which are sound and in
good condition. The State agency shall
account for such replacements on its
monthly inventory report.
■ 39. Add § 253.12 to read as follows:
ddrumheller on DSK120RN23PROD with PROPOSALS1
253.12
Administrative Waivers.
(a) The Administrator of the Food and
Nutrition Service may waive or modify
specific regulatory provisions contained
in this part for one or more State
agencies. Waivers may be issued
following a State agency request or at
the discretion of FNS. Waivers may be
approved only in the following
situations:
(1) The specific regulatory provision
cannot be implemented due to
extraordinary temporary situations;
(2) FNS determines that the waiver
would result in a more effective and
efficient administration of the program;
or
(3) Unique geographic conditions
within the geographic area served by the
administering agency preclude effective
implementation of the specific
regulatory provision and require an
alternate procedure.
(b) FNS shall not approve waivers
when:
(1) The waiver would be inconsistent
with the provisions of the Food and
Nutrition Act of 2008; or
(2) The waiver would result in
material impairment of any statutory or
regulatory rights of participants or
potential participants.
(c) FNS shall approve waivers for a
period not to exceed one year unless the
waiver is for an on-going situation. If the
waiver is requested for longer than a
year, appropriate justification shall be
required and FNS will determine if a
longer period is warranted and if so, the
duration of the waiver. Extensions may
be granted provided that State agencies
submit appropriate justification to FNS.
(d) When submitting requests for
waivers, State agencies shall provide
compelling justification for the waiver
in terms of how the waiver will meet the
conditions of paragraphs (a)(1), (a)(2),
and/or (a)(3) of this section. At a
minimum, requests for waivers shall
include but not necessarily be limited
to:
(1) Reasons why the waiver is needed;
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54933
(2) Anticipated impact on service to
participants or potential participants
who would be affected;
(3) Anticipated time period for which
the waiver is needed; and
(4) Thorough explanation of the
proposed alternative provision to be
used in lieu of the waived or modified
regulatory provision.
DEPARTMENT OF TRANSPORTATION
PART 253 [Amended]
Airworthiness Directives; Dassault
Aviation Airplanes
40. In addition to the amendments
above, amend part 253 by:
■ a. Removing the word ‘‘commodities’’
wherever it appears and adding, in its
place, the words ‘‘USDA Foods’’;
■ b. Removing the words ‘‘Food Stamp’’
and ‘‘Food Stamp Program’’ wherever
they appear and adding, in their place,
the word ‘‘SNAP’’.
■
PART 254—Administration of the Food
Distribution Program for Indian
Households in Oklahoma
41. The authority citation for part 254
continues to read as follows:
■
Authority: Pub. L. 97–98, sec. 1338; Pub.
L. 95–113.40.
42. Amend § 254.2 by revising
paragraphs (a), (b), and (d) and
removing paragraph (h) to read as
follows:
■
§ 254.2
Definitions.
*
*
*
*
*
(a) Exercises governmental
jurisdiction means the exercise of
authorities granted to ITOs under the
Oklahoma Indian Welfare Act of 1936 or
by BIA regulations (25 CFR part 81 et.
seq.).
(b) FNS service area means the areas
over which FNS has approved the food
distribution program in Oklahoma.
*
*
*
*
*
(d) Indian tribal household means a
household in which at least one
household member is recognized as a
tribal member by any Indian tribe, as
defined in § 253.2(d) of this chapter.
*
*
*
*
*
§ 254.5
[Amended]
43. Amend § 254.5 by removing
paragraph (b) and redesignating
paragraph (c) as paragraph (b).
■
PART 254 [Amended]
44. Amend part 254 by removing the
word ‘‘commodities’’ wherever it
appears and adding, in its place, the
words ‘‘USDA Foods’’.
■
Stacy Dean,
Deputy Under Secretary, Food, Nutrition and
Consumer Services.
[FR Doc. 2023–17467 Filed 8–10–23; 4:15 pm]
BILLING CODE 3410–30–P
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1502; Project
Identifier MCAI–2023–00380–T]
RIN 2120–AA64
Federal Aviation
Administration (FAA), DOT.
ACTION: Proposed rule; correction.
AGENCY:
The FAA is correcting a
notice of proposed rulemaking (NPRM)
that was published in the Federal
Register. The NPRM proposed to issue
an airworthiness directive (AD) that
would apply to all Dassault Aviation
Model MYSTERE–FALCON 900
airplanes. As published, the docket
number referenced throughout the
NPRM is incorrect. This document
corrects that error. In all other respects,
the original document remains the
same; however, for clarity, the FAA is
publishing the entire proposed rule in
the Federal Register.
DATES: The last date for submitting
comments on the NPRM (88 FR 47086,
July 21, 2023) remains September 5,
2023.
SUMMARY:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1502; 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 NPRM, 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 that is proposed for
IBR in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
ADDRESSES:
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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Proposed Rules
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. It is also available at
regulations.gov under Docket No. FAA–
2023–1502.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 206–
231–3226; email tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–1502; Project Identifier
MCAI–2023–00380–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, 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 proposal
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 NPRM.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
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 NPRM, 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
NPRM. Submissions containing CBI
should be sent to Tom Rodriguez,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone: 206–231–3226;
email tom.rodriguez@faa.gov. Any
commentary that the FAA receives that
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is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
Background
The FAA issued an NPRM (88 FR
47086, July 21, 2023) that would apply
to all Dassault Aviation Model
MYSTERE–FALCON 900 airplanes. The
NPRM proposed to supersede AD 2023–
04–10, Amendment 39–22357 (88 FR
20743, April 7, 2023) (AD 2023–04–10),
for all Dassault Aviation Model
MYSTERE–FALCON 900 airplanes. AD
2023–04–10 requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations.
The NPRM proposed to continue to
require the actions in AD 2023–04–10
and would require 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 2023–0046,
dated March 2, 2023. The NPRM was
prompted by a determination that new
or more restrictive airworthiness
limitations are necessary. The FAA is
proposing this AD to address reduced
structural integrity of the airplane.
Related Service Information Under 1
CFR Part 51
The FAA reviewed EASA AD 2023–
0046. This service information specifies
new or more restrictive airworthiness
limitations for airplane structures and
safe life limits.
This proposed AD would also require
EASA AD 2022–0137, which the
Director of the Federal Register
approved for incorporation by reference
as of May 12, 2023 (88 FR 20743, April
7, 2023).
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.
Need for the Correction
As published, the docket number
referenced throughout the NPRM is
incorrect. The NPRM incorrectly
references ‘‘Docket No. FAA–2023–
1501.’’ The correct docket number is
‘‘Docket No. FAA–2023–1502.’’
Although no other part of the
preamble or regulatory information has
been corrected, for clarity the FAA is
publishing the entire proposed rule in
the Federal Register.
The comment due date of the NPRM
remains September 5, 2023.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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
[Corrected]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2023–04–10, Amendment 39–
22357 (88 FR 20743, April 7, 2023); and
■ b. Adding the following new AD:
■
■
Dassault Aviation: Docket No. FAA–2023–
1502; Project Identifier MCAI–2023–
00380–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by September 5,
2023.
(b) Affected ADs
(1) This AD replaces AD 2023–04–10,
Amendment 39–22357 (88 FR 20743, April 7,
2023) (AD 2023–04–10).
(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 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 (j) of AD 2023–04–10, 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 2022–0137, dated
July 6, 2022 (EASA AD 2022–0137).
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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Proposed Rules
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 2022–
0137, With No Changes
This paragraph restates the exceptions
specified in paragraph (k) of AD 2023–04–10,
with no changes.
(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 May 12, 2023
(the effective date of AD 2023–04–10).
(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 May 12, 2023 (the
effective date of AD 2023–04–10), 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
(i) Retained Restrictions on Alternative
Actions or Intervals, With a New Exception
This paragraph restates the requirements of
paragraph (l) of AD 2023–04–10, 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
2022–0137.
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(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 2023–0046,
dated March 2, 2023 (EASA AD 2023–0046).
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 2023–0046
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2023–0046.
(2) Paragraph (3) of EASA AD 2023–0046
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 2023–0046 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
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paragraph (3) of EASA AD 2023–0046, 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 2023–0046.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0046.
(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
2023–0046.
(m) Terminating Action for 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: 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, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; 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 [DATE 35 DAYS AFTER
PUBLICATION OF THE FINAL RULE].
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54935
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0046, dated March 2, 2023.
(ii) [Reserved]
(4) The following service information was
approved for IBR on May 12, 2023 (88 FR
20743, April 7, 2023).
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0137, dated July 6, 2022.
(ii) [Reserved]
(5) For EASA ADs 2023–0046 and 2022–
0137, 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 August 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–17353 Filed 8–11–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1651; Project
Identifier MCAI–2023–00481–T]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2020–23–10, which applies to certain
Dassault Aviation Model FAN JET
FALCON and FAN JET FALCON
SERIES C, D, E, F, and G airplanes. AD
2020–23–10 requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. Since the FAA issued AD
2020–23–10, the FAA has determined
that new or more restrictive
airworthiness limitations are necessary.
This proposed AD would continue to
require the actions in AD 2020–23–10
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54933-54935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17353]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1502; Project Identifier MCAI-2023-00380-T]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Proposed rule; correction.
-----------------------------------------------------------------------
SUMMARY: The FAA is correcting a notice of proposed rulemaking (NPRM)
that was published in the Federal Register. The NPRM proposed to issue
an airworthiness directive (AD) that would apply to all Dassault
Aviation Model MYSTERE-FALCON 900 airplanes. As published, the docket
number referenced throughout the NPRM is incorrect. This document
corrects that error. In all other respects, the original document
remains the same; however, for clarity, the FAA is publishing the
entire proposed rule in the Federal Register.
DATES: The last date for submitting comments on the NPRM (88 FR 47086,
July 21, 2023) remains September 5, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1502; 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 NPRM, 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 that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221
[[Page 54934]]
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available at regulations.gov under Docket No. FAA-2023-1502.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone: 206-231-3226; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1502; Project Identifier
MCAI-2023-00380-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Tom
Rodriguez, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone: 206-231-3226; email
[email protected]. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The FAA issued an NPRM (88 FR 47086, July 21, 2023) that would
apply to all Dassault Aviation Model MYSTERE-FALCON 900 airplanes. The
NPRM proposed to supersede AD 2023-04-10, Amendment 39-22357 (88 FR
20743, April 7, 2023) (AD 2023-04-10), for all Dassault Aviation Model
MYSTERE-FALCON 900 airplanes. AD 2023-04-10 requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations.
The NPRM proposed to continue to require the actions in AD 2023-04-
10 and would require 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 2023-0046, dated March 2, 2023. The NPRM was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. The FAA is proposing this AD to address
reduced structural integrity of the airplane.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2023-0046. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This proposed AD would also require EASA AD 2022-0137, which the
Director of the Federal Register approved for incorporation by
reference as of May 12, 2023 (88 FR 20743, April 7, 2023).
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.
Need for the Correction
As published, the docket number referenced throughout the NPRM is
incorrect. The NPRM incorrectly references ``Docket No. FAA-2023-
1501.'' The correct docket number is ``Docket No. FAA-2023-1502.''
Although no other part of the preamble or regulatory information
has been corrected, for clarity the FAA is publishing the entire
proposed rule in the Federal Register.
The comment due date of the NPRM remains September 5, 2023.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 [Corrected]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2023-04-10, Amendment 39-22357
(88 FR 20743, April 7, 2023); and
0
b. Adding the following new AD:
Dassault Aviation: Docket No. FAA-2023-1502; Project Identifier
MCAI-2023-00380-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 5, 2023.
(b) Affected ADs
(1) This AD replaces AD 2023-04-10, Amendment 39-22357 (88 FR
20743, April 7, 2023) (AD 2023-04-10).
(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 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 (j) of AD
2023-04-10, 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 2022-0137, dated July 6, 2022 (EASA AD 2022-0137).
[[Page 54935]]
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 2022-0137, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-04-10, with no changes.
(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 May 12, 2023 (the effective date
of AD 2023-04-10).
(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 May 12, 2023 (the effective date of AD 2023-04-10),
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
(i) Retained Restrictions on Alternative Actions or Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (l) of AD
2023-04-10, 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 2022-0137.
(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 2023-0046, dated March 2, 2023 (EASA AD
2023-0046). 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 2023-0046
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0046.
(2) Paragraph (3) of EASA AD 2023-0046 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 2023-0046 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0046, 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 2023-0046.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0046.
(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 2023-0046.
(m) Terminating Action for 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,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; 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
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency (EASA) AD 2023-0046,
dated March 2, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
May 12, 2023 (88 FR 20743, April 7, 2023).
(i) European Union Aviation Safety Agency (EASA) AD 2022-0137,
dated July 6, 2022.
(ii) [Reserved]
(5) For EASA ADs 2023-0046 and 2022-0137, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; website easa.europa.eu. You may find these
EASA ADs on the EASA website at ad.easa.europa.eu.
(6) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(7) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on August 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17353 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P