Airworthiness Directives; Dassault Aviation Airplanes, 66683-66686 [2023-21100]
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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations
(j) Exceptions to EASA AD 2023–0058
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2023–0058.
(2) Paragraph (3) of EASA AD 2023–0058
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 2023–0058 is at the applicable
‘‘limitations’’ as incorporated by the
requirements of paragraph (3) of EASA AD
2023–0058, 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 2023–0058.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0058.
(k) New Provisions for Alternative Actions
and Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (i) 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
2023–0058.
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(l) Terminating Action for Certain Actions in
AD 2010–26–05
Accomplishing the actions required by
paragraph (g) or (i) of this AD terminates all
requirements of paragraph (g)(1) of AD 2010–
26–05 for Dassault Aviation Model
MYSTERE–FALCON 20–C5, 20–D5, 20–E5,
and 20–F5 airplanes, except those on which
the Dassault Aviation MYSTERE–FALCON
20 Supplemental Structural Inspection
Program has been embodied, 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
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,
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the approval must include the DOAauthorized signature.
For more information about this AD,
contact Tom Rodriguez, Aviation Safety
Engineer, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206–231–3226;
email: tom.rodriguez@faa.gov.
(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 November 2, 2023.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0058, dated March 16,
2023.
(ii) [Reserved]
(4) The following service information was
approved for IBR on April 2, 2020 (85 FR
11280, February 27, 2020).
(i) Chapter 5–40–00, Airworthiness
Limitations, of the Dassault Falcon 20
Retrofit 731 Maintenance Manual, Revision
13, dated January 1, 2019.
(ii) [Reserved]
(5) For EASA AD 2023–0058, 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 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.
(7) 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.
(8) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on September 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–21103 Filed 9–27–23; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
(n) Additional Information
BILLING CODE 4910–13–P
66683
14 CFR Part 39
[Docket No. FAA–2023–1405; Project
Identifier MCAI–2023–00381–T; Amendment
39–22550; AD 2023–18–09]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2023–04–
16, which applied to certain Dassault
Aviation Model FALCON 900EX
airplanes. AD 2023–04–16 required
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. Since the
FAA issued AD 2023–04–16, the FAA
has determined that new or more
restrictive airworthiness limitations are
necessary. This AD continues to require
the actions in AD 2023–04–16, and also
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 November 2,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 2, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of May 12, 2023 (88 FR
20738, April 7, 2023).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1405; 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:
SUMMARY:
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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations
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• 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
ad.easa.europa.eu.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th Street, 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–
2023–1405.
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:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2023–04–16,
Amendment 39–22363 (88 FR 20738,
April 7, 2023) (AD 2023–04–16). AD
2023–04–16 applied to certain Dassault
Aviation Model FALCON 900EX
airplanes. AD 2023–04–16 required
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. The FAA
issued AD 2023–04–16 to address
reduced structural integrity of the
airplane.
The NPRM published in the Federal
Register on July 12, 2023 (88 FR 44228).
The NPRM was prompted by AD 2023–
0047, dated March 2, 2023, issued by
EASA (EASA AD 2023–0047) (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–2023–1405.
In the NPRM, the FAA proposed to
continue to require the actions in AD
2023–04–16 and would require revising
the existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations, as specified in EASA AD
2023–0047. The FAA is issuing this AD
to address the unsafe condition on these
products.
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 2023–
0047. This service information specifies
new or more restrictive airworthiness
limitations for airplane structures and
safe life limits.
This AD also requires EASA AD
2022–0141, dated July 7, 2022, which
the Director of the Federal Register
approved for incorporation by reference
as of May 12, 2023 (88 FR 20738, 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 the ADDRESSES section.
Discussion of Final Airworthiness
Directive
Costs of Compliance
The FAA estimates that this AD
affects 144 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 2023–04–16 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).
Comments
The FAA received no comments on
the NPRM or on the determination of
the cost to the public.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
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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
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
2023–04–16, Amendment 39–22363 (88
FR 20738, April 7, 2023); and
■ b. Adding the following new
Airworthiness Directive:
■
■
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2023–18–09 Dassault Aviation:
Amendment 39–22550; Docket No.
FAA–2023–1405; Project Identifier
MCAI–2023–00381–T.
(a) Effective Date
This airworthiness directive (AD) is
effective November 2, 2023.
(b) Affected ADs
(1) This AD replaces AD 2023–04–16,
Amendment 39–22363 (88 FR 20738, April 7,
2023) (AD 2023–04–16).
(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 Dassault Aviation
Model FALCON 900EX airplanes, serial
number (S/N) 97 and S/Ns 120 and higher,
certificated in any category, with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before November 15, 2022.
(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 among other things,
fatigue cracking and damage in principal
structural elements. The unsafe condition, if
not addressed, could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Retained Revision of the Existing
Maintenance or Inspection Program, With a
New Terminating Action
This paragraph restates the requirements of
paragraph (j) of AD 2023–04–16, with a new
terminating action. For airplanes with an
original airworthiness certificate or original
export certificate of airworthiness issued on
or before November 15, 2021: 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 2022–0141, dated July 7, 2022
(EASA AD 2022–0141). 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–
0141, With No Changes
This paragraph restates the exceptions
specified in paragraph (k) of AD 2023–04–16,
with no changes.
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2022–
0141 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022–0141
specifies revising ‘‘the approved AMP’’
within 12 months after its effective date, but
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this AD requires revising the existing
maintenance or inspection program, as
applicable, within 90 days after May 12, 2023
(the effective date of AD 2023–04–16).
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2022–0141 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2022–0141, or
within 90 days after May 12, 2023 (the
effective date of AD 2023–04–16), whichever
occurs later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2022–0141 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2022–0141 does not apply to this AD.
(i) Retained Restrictions on Alternative
Actions and Intervals, With a New Exception
This paragraph restates the requirements of
paragraph (l) of AD 2023–04–16, 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) and
intervals are allowed unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2022–0141.
(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 2023–0047,
dated March 2, 2023 (EASA AD 2023–0047).
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 2023–0047
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2023–0047.
(2) Paragraph (3) of EASA AD 2023–0047
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 2023–0047 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2023–0047, 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 2023–0047.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0047.
(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
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66685
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2023–0047.
(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 FALCON
900EX airplanes, S/N 97 and S/Ns 120 and
higher 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 manager of the International Validation
Branch, mail it to the attention address
identified in paragraph (o) of this AD or
email to: 9-AVS-AIR-730-AMOC@faa.gov. If
mailing information, also submit information
by email. 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 November 2, 2023.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0047, dated March 2, 2023.
(ii) [Reserved]
(4) The following service information was
approved for IBR on May 12, 2023 (88 FR
20738, April 7, 2023).
(i) EASA AD 2022–0141, dated July 7,
2022.
(ii) [Reserved]
(5) For EASA ADs 2022–0141 and 2023–
0047, 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
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EASA ADs on the EASA website
ad.easa.europa.eu.
(6) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th Street, 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 September 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–21100 Filed 9–27–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0765]
RIN 1625–AA00
Safety Zone; Lake Erie, Buffalo, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 350-foot
radius of 42 52′07.96″ N 78 53′00.87″ W.
The safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by fallout from a fireworks
display. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port, Sector Buffalo.
DATES: This rule is effective from 7:30
p.m. through 9:30 p.m. on October 6,
2023.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0765 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
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ADDRESSES:
If
you have questions on this rule, call or
email LT William Kelley, Waterways
Management at Sector Buffalo, U.S.
Coast Guard; telephone 716–843–9343,
email D09-SMB-SECBuffalo-WWM@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event sponsor did not submit notice of
the fireworks display to the Coast Guard
with sufficient time remaining before
the event to publish an NPRM. Delaying
the effective date of this rule to wait for
a comment period to run would be
impracticable and contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect spectators and vessels
from the hazards associated with this
firework display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30-day notice period to run
would be impracticable and contrary to
the public interest.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port (COTP) Buffalo has
determined that potential hazards
associated with a fireworks display
starting October 6, 2023 at 7:30 p.m.,
will be a safety concern for anyone
within a 350-foot radius of the launch
site at 42 52′07.96″ N 78 53′00.87″ W.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the fireworks display is
active.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7:30 p.m. until 9:30 p.m. on
October 6, 2023. The safety zone will
cover all navigable waters within 350
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
feet of the launch site at 42 52′07.96″ N
78 53′00.87″ W. The duration of the
zone is intended to protect personnel,
vessels, and the marine environment in
these navigable waters from potential
hazards, while the fireworks display is
active. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP Buffalo or a designated
representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. The
safety zone will encompass a 350-foot
radius of the fireworks launch site at 42
52′07.96″ N 78 53′00.87″ W lasting
approximately one hour during the
evening when vessel traffic is normally
low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
E:\FR\FM\28SER1.SGM
28SER1
]]>Agencies
[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66683-66686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21100]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1405; Project Identifier MCAI-2023-00381-T;
Amendment 39-22550; AD 2023-18-09]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-04-
16, which applied to certain Dassault Aviation Model FALCON 900EX
airplanes. AD 2023-04-16 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2023-04-
16, the FAA has determined that new or more restrictive airworthiness
limitations are necessary. This AD continues to require the actions in
AD 2023-04-16, and also 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 November 2, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 2,
2023.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May
12, 2023 (88 FR 20738, April 7, 2023).
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1405; 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:
[[Page 66684]]
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 ad.easa.europa.eu.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
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-2023-1405.
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:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2023-04-16, Amendment 39-22363 (88 FR
20738, April 7, 2023) (AD 2023-04-16). AD 2023-04-16 applied to certain
Dassault Aviation Model FALCON 900EX airplanes. AD 2023-04-16 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2023-04-16 to address reduced structural integrity of the
airplane.
The NPRM published in the Federal Register on July 12, 2023 (88 FR
44228). The NPRM was prompted by AD 2023-0047, dated March 2, 2023,
issued by EASA (EASA AD 2023-0047) (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-2023-1405.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2023-04-16 and would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in EASA AD 2023-
0047. The FAA is issuing this AD to address the unsafe condition on
these products.
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 2023-0047. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
This AD also requires EASA AD 2022-0141, dated July 7, 2022, which
the Director of the Federal Register approved for incorporation by
reference as of May 12, 2023 (88 FR 20738, 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 the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 144 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 2023-04-16 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 2023-04-16, Amendment 39-22363 (88
FR 20738, April 7, 2023); and
0
b. Adding the following new Airworthiness Directive:
[[Page 66685]]
2023-18-09 Dassault Aviation: Amendment 39-22550; Docket No. FAA-
2023-1405; Project Identifier MCAI-2023-00381-T.
(a) Effective Date
This airworthiness directive (AD) is effective November 2, 2023.
(b) Affected ADs
(1) This AD replaces AD 2023-04-16, Amendment 39-22363 (88 FR
20738, April 7, 2023) (AD 2023-04-16).
(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 Dassault Aviation Model FALCON 900EX
airplanes, serial number (S/N) 97 and S/Ns 120 and higher,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before November 15, 2022.
(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 among other things, fatigue cracking and
damage in principal structural elements. The unsafe condition, if
not addressed, could result in 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 a New Terminating Action
This paragraph restates the requirements of paragraph (j) of AD
2023-04-16, with a new terminating action. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before November 15, 2021: 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 2022-0141, dated
July 7, 2022 (EASA AD 2022-0141). 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 2022-0141, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-04-16, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0141 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0141 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 2023-04-16).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0141 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0141, or within 90
days after May 12, 2023 (the effective date of AD 2023-04-16),
whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0141 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2022-0141 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (l) of AD
2023-04-16, 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) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0141.
(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 2023-0047, dated March 2, 2023 (EASA AD
2023-0047). 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 2023-0047
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0047.
(2) Paragraph (3) of EASA AD 2023-0047 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 2023-0047 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0047, 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 2023-0047.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0047.
(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 2023-0047.
(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 FALCON 900EX airplanes, S/N 97
and S/Ns 120 and higher 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 manager of the
International Validation Branch, mail it to the attention address
identified in paragraph (o) of this AD or email to: [email protected]. If mailing information, also submit information by
email. 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
November 2, 2023.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0047,
dated March 2, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
May 12, 2023 (88 FR 20738, April 7, 2023).
(i) EASA AD 2022-0141, dated July 7, 2022.
(ii) [Reserved]
(5) For EASA ADs 2022-0141 and 2023-0047, 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
[[Page 66686]]
EASA ADs on the EASA website ad.easa.europa.eu.
(6) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, 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 September 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-21100 Filed 9-27-23; 8:45 am]
BILLING CODE 4910-13-P
